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HomeMy WebLinkAbout1996-08-05 (8)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. Room B-8 7:00 P.M. Council Chamber Huntington Beach, California Monday, August 5, 1996 Call To Order Mayor Sullivan called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. City Council/Redevelopment Agency Roll Call Present: Harman, Bauer, Sullivan, Dettloff, Green, (Leipzig, Garofalo arrived at 5:05 p.m.) Absent: None (City Council) Study Session - Orange County Sanitation District Landscape Improvement Plan - Surge Towers (420.80) Melanie Fallon, Community Development Director, presented a staff report. David Ludwin, Engineering Director, Orange County Sanitation District, reported using wall sketches depicting the landscaping. Deputy City Clerk Cleary announced a late communication from David A. Ludwin P.E., Director of Engineering, Orange County Sanitation Districts, dated August 5, 1996, Subject: Coastal Permit No. 95-39 and Variance No. 95-32 for Rebuilding of the Ocean Outfall Surge Tower No 1. (CSDOC Job No. J-34-1) Council discussion was held. Councilman Garofalo requested that the landscaping for the proposed project be increased due to the traffic and signage. Councilwoman Dettloff suggested that a meeting be held with the Orange County Sanitation District representatives and Councilman Garofalo to address his concerns. The Council thanked Daryl Smith, Park, Tree, and Landscape Superintendent, for a job well done. 451 Page 2 - Council/Agency Minutes - 08/05/96 Recess - Closed Sessions The Mayor called a recess of the City Council and the Redevelopment Agency at 5:20 p.m. to consider the following closed session items: Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding Labor Relations Matters - Meet and Confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its Attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Huntington Beach Management Employees Organization, Huntington Beach Municipal Employees Association vs. City of Huntington Beach, Administrative Hearing before the City of Huntington Beach Personnel Board. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of litigation is State of California., et al., v. BP America Incorporated, et al, Orange County Superior Court Case No. 64 63 39; regarding American Trader, U.S. District Court Case No. DV 90-2619. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiator, Michael Uberuaga, regarding negotiations with Robert L. Mayer Corporation concerning the possible grant of an easement for the property located adjacent to the Waterfront Hilton on Pacific Coast Highway. Instruction will concern price and terms of payment. Subject: Waterfront Disposition and Development Agreement (DDA). (120.80) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:40 p.m. in the Council Chambers. Pledge of Allegiance and Invocation The Pledge of Allegiance was led by Patrick Duchene, a S.H.I.P. (Senior Housing Inspection Program) volunteer and Mater Dei High School Sophomore. The invocation was given by David Biggs, Economic Development Director. 452 08/05/96 - City Council/Redevelopment Minutes - Page 3 City Council/Redevelopment Agency Roll Call Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Absent: None Presentation - To Mayor Dave Sullivan, Fire Chief Mike Dolder, Fire Education Specialists Martha Werth, and Brigit Davis, from Ron Shenkman, Rainbow Disposal representative, a check in the amount of $2,000; from Bill Gibson, Community Relations Manager, Cal Resources, a check in the amount of $1,000; from Fountain Valley Regional Hospital a check in the amount of $1,000 to be used to purchase smoke detectors for the S.H.I.P. (Senior Housing Inspection Program); and from Billy Ogden, Huntington Beach Firefighters' Association President, a check for $500 for smoke detector battery replacements. (160.40) Presentation - To Mayor Dave Sullivan and Ron Hagan, Community. Services Director, from Ron Shenkman, Rainbow Disposal representative, a check in the amount of $2,000 for Project Self Sufficiency. (160.40) Presentation - To Mayor Dave Sullivan and the City Council by Patti Goff, Friends of Dog Park Committee Liaison, to the city of a check in the amount of $4,000 and $200 from the "parking meter" at the Dog Park. Certificates of Appreciation and Dog Park coffee cups were presented to each Councilmember for their support of the Dog Park. A sack of coins representing the $200 received from parking meters was also presented to Council. (160.40) Late Communications Announced By The City Clerk Pursuant To The Brown Act Pursuant to the Brown Act, the City Clerk announced the following late communications which had been received following distribution of the City Council Agenda: Communication from David A. Ludwin P.E., Director of Engineering, Orange County Sanitation Districts of Orange County, dated August 5, 1996', Subject: Coastal Permit No. 95-39 and Variance No. 95-32 for Rebuilding of the Ocean Outfall Surge Tower No 1. (CSDOC Job No. J-34-1) Revised Page Nos. 6, 12, and 14 of the April 22, 1996, City Council/Redevelopment Agency adjourned meeting minutes Request for Council Action from Public Works Department dated August 5, 1996, regarding contract with NBS Lowry Incorporated, to perform Public Works Related Plan Check and Inspection Services Communication from the Personnel Director, dated August 5, 1996, regarding a request by the Municipal Employees Association (MEA) to have the Agenda Item regarding a Side Letter of Agreement removed from the Agenda. Presentation by the Community Development Director - Layout showing the dimension of the proposed donor wall for the Fourth of July Parade 2000 Membership Organization 453 Page 4 - Council/Agency Minutes - 08/05/96 Request For Council Action dated August 5, 1996, from the Community Development Director, Fire Chief, Library Services Director, Public Works Director, and Police Chief, titled Bolsa Chica Service and Coastal Issues Status Report and Authorization to Discuss a Water Service Agreement with the Koll Real Estate Group Communication from the Sunset Beach Community Association, dated August 1, 1996, regarding the city's water resources Communication dated August 5, 1996, from Arlene and Marcus Howard in favor of preservation of all the Bolsa Chica mesa from development Communication from Topper and Marina Horack, dated July 29, 1996, in opposition to providing water services to the Koll Company Communications from Dean Albright regarding Proposition 218 on the November Ballot and its effect on the Bolsa Chica Koll Development Water Agreement Agenda Item Communication from Larry Geisse, M.D., dated July 27, 1996, in opposition to giving entitlement to Koll Company for Huntington Beach water services Communications from Cindy and John Andreassen received August 5, 1996, in opposition to giving water entitlement to the Koll Company Communication from Bessie Levy, dated August 5, 1996 in opposition to provision of water services to Koll Company Slide presentation from Administrative Services titled Financial Issues Impacting Huntington Beach Koll Project relative to the Agenda Item relative to provision of water services to the Koll Company Memorandum from Councilman Bauer titled Financial Issues Impacting Huntington Beach due to The Koll Project dated August 1, 1996. Public Comments Bob Kakuk addressed Council and urged all present to donate to the Veterans Memorial to be placed at City Hall. He informed Council that if the 16,000 Huntington Beach veterans donated $1 each it would mean that $16,000 of the $20,000 goal would be reached. Mayor Sullivan requested Mr. Kakuk to contact HBTV-3 to place their fund-raising effort on the Television Scroll. He also suggested that Mr. Kakuk contact the Times Warner Cable Company and the Public Cable Television Authority (PCTA) to get coverage on other local stations. Mr. Kakuk stated that the names of 90 veterans killed in World Wars I and II, the Korean War, and the Vietnam War as well as Desert Storm will be on the memorial. Councilman Harman requested that all levels of city staff cooperate with Mr. Kakuk in this effort. 454 08/05/96 - City Council/Redevelopment Minutes - Page 5 Tom De Guelle, representing the Young Men's Christian Association, addressed Council and extended an invitation to all to contribute to their Garage Sale Fund-raising event. William Bernard, Rancho del Rey Mobile Homeowners' Association representative, stated his disagreement with the premise upon which the City Attorney's opinion is based relative to the Agenda Item on water meter fee rates charged to mobile home residents by mobile home park owners. He stated that the issue was connection fees, not water meter rates. He referred to a letter he had received from a Public Works Department employee regarding the matter. On another subject, Mr. Bernard requested that the Council be very astute in their negotiations with the Koll Company relative to city provision of water services. Pauline Robison spoke regarding the overcharge of connection fees at Rancho del Rey Mobile Home Park and requested Council's assistance. Steve Gullage expressed dismay that anyone would initiate a recall against Councilman Bauer. He presented reasons why the statements on the Notice of Intent to Recall are ill informed. Mr. Gullage stated that if this city gave medals for honesty and fairness, Councilman Ralph Bauer would be proudly wearing the Gold. Sandra Cole stated her support for Councilman Bauer relative to the matter of the Notice of Intent to Recall. Ms. Cole stated that she cannot possibly list all of Councilman Ralph Bauer's accomplishments on behalf of the city. Wendy Mello commended the Fire Department on a job well done in fighting a fire in her neighborhood. She spoke regarding the condition of a sidewalk on Scenario Drive that caused a fall to her neighbor. She spoke regarding correspondence between the city and a citizen who had tried to initiate the repair process. Ms. Mello spoke regarding the financial situation where palm trees were being put in another area of the city when she believes the sidewalk repair on Scenario Drive should take precedence. Billy Ogden, Huntington Beach Firefighters' Association President, spoke regarding the Finance Board report as it pertains to the money -saving achievements of the Fire Department. He spoke regarding the comprehensive report prepared by the Fire Department for the Finance Board. Mr. Ogden informed Council of the portions of the report which he believes to be inaccurate. He stated that he did not believe there was substance, priorities, or solutions in the report. George Arnold spoke in opposition to the Koll Company's request for water service to the Bolsa Chica Development. He stated that he believes business delivery vehicles in downtown alleys which do not take more than two minutes should be allowed to park in alleys without getting ticketed. Nancy Donaven, Bolsa Chica Land Trust President, spoke regarding the Amigos de Bolsa Chica organization's initial efforts on wetlands preservation. She requested that Council support the Land Trust's vision for a larger area for the wetlands. Ms. Donaven presented reasons for their request that the City Council not negotiate away the city's water. 455 Page 6 - Council/Agency Minutes - 08/05/96 Flossie Horgan stated her comments were directed at Councilmembers Green, Dettloff, and Leipzig. She spoke regarding these Councilmembers' past ten years of meetings with the Koll Company and Signal Landmark Company when they were officers of the Amigos de Bolsa Chica organization. She stated reasons why she believes their participation, as Councilmembers, in decisions affecting the Koll Company development water issue is a moral conflict of interest and requested they recuse themselves from voting on any issues surrounding the Bolsa Chica area. Councilwoman Dettloff invited Ms. Horgan to meet with her as she believes there are inaccurate statements in her presentation. She stated that she has not taken any contributions from Koll Company employees. She spoke regarding her previous meetings with Ms. Horgan's group. Councilmember Green responded to Ms. Horgan and spoke regarding the Bolsa Chica Coalition Plan. Councilman Garofalo stated that he believes comments should be kept on the subject and not personal. Councilman Leipzig spoke regarding his belief that he has stood for the interests of the city, public, and wildlife throughout this issue. Sally Alexander announced she is a candidate for office in the 45th Congressional District. She spoke regarding budget needs for the city's drainage system. She requested that council "just say no" to the Koll Company. Bob Winchell spoke regarding the financial loss to the city from the planned Koll Company development and presented figures. He stated that about half of the items on staff's list are things that the Koll Company has to do anyway and the others are one-time costs that will never defray the the different types of costs to the city. He spoke regarding what he believes is the stonewalling by the Koll Company including failure to agree to match the city's building standards. He stated that the Koll Company stonewalled the Amigos de Bolsa Chica organization and environmentalists relative to the conservation easement on land they have to give pursuant to the adopted plan, and also relative to buffers. He spoke regarding the potential danger to the beaches from the development. Mr. Winchell stated his opinion that the city must not approve water services unless the Koll Company is willing to meet city costs. Lois Vackar spoke regarding the detrimental effects on wildlife from the Koll Company development at Bolsa Chica. She requested that water services not be provided by the city to the Koll Company. Nancy Harris requested that Council consider future costs to city as a result of the Koll Company development. She requested that the city not provide water services to the Koll Company. Dean Albright spoke regarding the city's history as it pertains to the water supply and sewer system facilities in relation to the McDonnell Douglas Project. He also spoke regarding the Meadowlark Development project for which water is needed and stated that the wells required of the developer have not been provided. He referred to State Proposition No. 218 which will stop cities from raising fees without voter approval. 456 08/05/96 - City Council/Redevelopment Minutes - Page 7 Paul Horgan presented reasons why the sale of water to the Koll Company should not be approved by the Council. He stated that approval of the project will destroy the largest unprotected coastal wetlands south of San Francisco. John Fleming stated that city water resources are being used to full capacity and that money should not be spent to study this issue. He stated that a local newspaper reported that a Koll Company spokesperson has stated that city water is not needed. Topper Horack stated reasons why the Koll Company should not receive city water and that the Koll Company should pay for the study. He stated that resources should not be given away that may be needed in the future. He spoke regarding future costs to taxpayers. Jeff Metzel spoke against negotiations with the Koll Company. He stated the issues which must be raised if negotiations are held, including the question as to whether all costs for services will be paid to the city in perpetuity. He stated that no costs should be placed on Huntington Beach citizens. He inquired if the development requirements in the Holly Seacliff development Agreement will be carried out and if the Koll Company requirements would be in addition to and separate from the Holly Seacliff development requirements. Mr. Metzel stated the city sits on a major earthquake fault and does not have the water capacity to fight two major fires in the city. Connie Boardman requested that Council tell the Koll Company that the city does not have water to provide to their development. She spoke regarding the costs of the development as cited by the county and by the city. Robert Metzel stated his concern that Council will approve water without a guarantee that city residents will not have to pay. He stated that the Holly Seacliff infrastructure that has been promised has not been delivered. He spoke regarding past water shortages and questioned what will happen in the future if this development is approved. Melvin Longstated that he did not believe there will be another development with more negative impact and no positive impact to the city. He spoke regarding the effect on the city if water is provided to the Koll Company development. Mr. Long stated that developers are gamblers and that the developer should find the water and pay for it. Juana Mueller stated that several years ago the Koll Company took the development proposal away from the city and went to the county. She spoke regarding the city's efforts to get infrastructure improvements. She stated the need to take a long view of this development and other developments. Ms. Mueller requested that Council not give the Koll Company a drop of the city's precious water. Eileen Murphy spoke regarding a meeting she attended recently with city staff and Councilwoman Dettloff regarding the water needs of the city in relation to homes planned in the city which do not include those planned for the Holly Seacliff development or for the proposed Koll Company development. She spoke regarding the Koll Company proposal and questioned how it would benefit the city. 457 Page 8 - Council/Agency Minutes - 08/05/96 Bob Biddle, Huntington Beach Tomorrow President, stated the organization's opposition to the Koll Company project. He spoke regarding the calculations presented by Mr. Albright earlier in the meeting as to water use and stated that Huntington Beach Tomorrow was in agreement. He stated that he did not believe the Agenda Item pertaining to the Pier Plaza Project should be considered until the Design Review Board reviews it and that the funding should be reviewed prior to solicitations of bids. In response to Mayor Sullivan, Mr. Biddle stated that he is a member of the Design Review Board. Chauncy Alexander informed Council that he deplored the irrational attack on Councilman Bauer. He spoke regarding Councilman Bauer's contribution on the Council. He urged Council not to approve water services to the Koll Company development. Jay Kreitz spoke in opposition to the Notice of Intent to Recall Councilmember Bauer. He requested that Council disapprove water service to the Koll Company development. Ben Allen spoke regarding the poor decisions of other City Councils, such as not putting enough emphasis on commercial development. He stated that he would like the City Council to decide against water services for the Koll Company development. Mr. Allen stated the water underground is not an infinite resource, that it should be held in trust for the city and future generations of Huntington Beach citizens. He stated that even if the city thinks it has discovered a way to provide the water, it would not be in the best interests of the residents of the city. Marge Allen informed Council that the Koll Company has stated their company has the water coming from the City of Fountain Valley and that they would run pipes from Fountain Valley to the project. She stated that the City of Fountain Valley had said "yes" to the Cities of Costa Mesa and Newport Beach and consequently, the water is no longer available to the Koll Company. Ms. Allen spoke regarding the county Environmental Impact Report figures regarding water usage per person and the consequences to the city. Ms. Allen stated that the city has a responsibility, now, and in the future, to city residents but not to others. Lionel Okun stated he was present as a neighbor from the City of Seal Beach and as a member of the Bolsa Chica Land Trust organization. He spoke regarding what would be the adverse effect on the City of Seal Beach from the Koll Company development. He stated that he believes the low share price of Koll Company Real Estate Group should tell the Council something. Laura Thissell, City of Westminster resident, spoke regarding what would be the adverse effect on the Cities of Huntington Beach, Fountain Valley, Seal Beach and Westminster. She read a letter from her 10-year-old daughter in opposition to the Bolsa Chica development planned by the Koll Company. Terri Kolpin spoke regarding what she believed would be the adverse impact on the beaches from the Koll Company development. Kathryn Goddard stated that at least two decades forward should be thought of in planning the economic and quality of life factors for the city in relation to the Koll Company development. • 08/05/96 - City Council/Redevelopment Minutes - Page 9 Stan Borren. in Native American dress, spoke regarding water pollution and the need for weekly inoculation of the lifeguards due to ocean pollution. He stated fires will not be able to be put out. He stated that the Koll Company has destroyed land in San Diego. Don Guillaume suggested that as soon as possible the city should annex the State Ecological Reserves as well as other areas where annexation may be possible. He spoke regarding a tract built at Edwards Street and Edinger Avenue where pilings are put under the buildings to keep them level and cited this as an example of the detrimental effect of taking water out of the ground. Toni Squires stated that she does not believe the Koll Company has concern for the wetlands, wildlife, or the standard of living conditions for the current Huntington Beach residents. She spoke regarding the leveling of land, dumping of huge amounts of material, and stated that when the rains come, the wetlands will not be there. She stated opposition to planned oil well pump activity a few yards from existing homes and the associated noise and environmental impact, and whether it is legal. She spoke regarding the non -biased study of the proposed development attempted by her high school students. She stated the Koll Company video called and made the wetlands look like a wasteland. Ms. Squires stated that the wetlands is changing before her eyes. Councilman Garofalo questioned the City Administrator as to the truck situation referred to by Ms. Squires. The Community Development Director stated that she did not know the answer but would prepare a report. Bill Gregory, Surfrider Foundation representative, spoke regarding the issue of garbage he encounters in the ocean when he surfs and stated that people are becoming sick from the garbage. He spoke regarding the areas which have run off into our ocean basin. Mr. Gregory spoke regarding the traffic impact, ocean jetties, and urban runoff which will come as a result of the Koll Company development. Mark Porter, Huntington Beach Tomorrow Board Member, commended Councilmembers Leipzig, Dettloff, and Green for their efforts on the Bolsa Chica Coalition Agreement but stated that he believed very little of the Bolsa Chica Coalition Plan survived to get into the development plan. He spoke regarding the Bolsa Chica Coalition Agreement. Mr. Porter stated that the Coalition Partners, the Amigos de Bolsa Chica being one, were not even notified when the Koll Company took their project to the county. Mr. Porter stated that the Koll Company acts in its economic interests and the city should act in its own economic interests. He spoke regarding the possible alternatives to preserve the wetlands including sale by the Koll Company to the public interest through available funding from the Interior Department and other funding sources. Gerald Chapman, Arts Center Foundation Director, spoke in opposition to city provision of water services to the Koll Company project. He stated that the Arts Center will get a bill for city services provided to the center and that the Koll Company should also pay for services provided. He stated if the city does approve providing the water, the city should charge 100% of the service costs. 459 Page 10 - Council/Agency Minutes - 08/05/96 Carrie Thomas spoke in support of a previous speaker's comments regarding the midnight truck operations in the Bolsa Chica area. She stated that she would appreciate the city looking into this issue. She stated that she does not understand how the Koll Company can expect the city to use staff time and city money for this study. Ms. Thomas stated that after listening to the speakers she would request that Council not waste City Council and city staff time to look into this matter. Public Works Director Jones stated that the county is overseeing soil mitigation in the area referred to and that he would review the matter. Norma Brandel Gibbs, former Mayor and City Councilmember, read a section of a newspaper article which addressed "Issue Management" and stated that in order for decision makers to predict the future it is necessary to have power to shape the future. She stated that Council has this power. She then read a quote from Native American (Cree Indian) philosophy about the importance of the environment. Pat Downey spoke regarding the arrest of a young man on the Fourth of July which may result in his being unable to go to police school even though the charges were dropped. He presented reasons why he believes people should not have been yanked off yards. He stated that he believes there were bad guys out there but not in the afternoon in their out of yards. Mr. Downey displayed a letter from the Police Department that was distributed and placed on cars. He stated that it inferred that parties should be kept on private property. In response to a question by Council, Police Chief Lowenberg replied that people arrested were not charged $10 to place a phone call as reported by Mr. Downey. Sylvester Lucio stated that a substantial number of people arrested on July Fourth had retained legal counsel. He presented reasons in opposition to Police Department action on July Fourth. Mr. Lucio announced his phone number and pin number for other people who wish to join the law suit. Bill Halpin stated he hoped Council will vote against the water service to the Bolsa Chica Development. Leslie Edwards spoke regarding the vote by Councilmembers Harman, Sullivan, and Bauer to have legal action on the Bolsa Chica issue when Meals on Wheels and other programs require funding. She stated that nothing has been done to reinstate the police officer in charge of the apprehension of sexual predators. Mrs. Edwards requested an apology from Mayor Sullivan for his attack on her efforts to recall Councilman Bauer as she believes this destroys public discourse. Elleni Maureas stated that she had signed the Notice of Intent to Recall Councilman Bauer. She stated that she believed Councilman Bauer and the Council should settle the contract with the Police Department. Recess -Reconvene The Mayor called a recess at 10:30 p.m. The meeting was reconvened by the Mayor at 10:45 p.m. 08/05/96 - City Council/Redevelopment Minutes - Page 11 (City Council) Status Report Regarding Recovery Of Funds - Orange County Bankruptcy (310.10) The City Administrator reported on the recovery of city -funds in the Orange County bankruptcy. (City Council) Third Block West Project Status Report (460.30) The City Administrator reported that at the August 12, 1996 adjourned meeting, the Third Block West Project Status Report will be presented and that a closed session will be held on the proposed granting of an easement to the Waterfront Hilton. (City Council) City Budget Available To Public (320.20) The City Administrator announced that the proposed 1996-97 City Budget is available to the public. (City Council) Report Regarding Proposed Easement To Waterfront Hilton (120.80) The City Administrator reported on the proposed easement to the Waterfront Hilton. (City Council/Redevelopment Agency) Public Hearing - Consent To Grant Of Parking Easement By Redevelopment Agency To Waterfront Hilton/Continued Open To August 19, 1996 (600.30) The Mayor stated that this was the meeting at which a public hearing has been scheduled to consider approval by the Redevelopment Agency of the City of Huntington Beach extending the term of a parking easement previously granted to the Waterfront Hilton. The City Administrator clarified that this would be a new easement and that there is not existing easement granted to the Waterfront Hilton as reflected on the agenda. A motion was made by Green, second Harman, to continue the public hearing open relative to the Consent to Grant of Parking Easement by the Redevelopment Agency to the Waterfront Hilton to August 19, 1996. The motion carried unanimously. (City Council) Bolsa Chica Service and Coastal Issues Status Report - Authorization To Discuss Water Service Agreement With the Koll Real Estate Group (KREG) (440.60) The following Agenda Item pertaining to the Bolsa Chica Service and Coastal Issues was taken out of agenda order to be considered by the City Council. 461 Page 12 - Council/Agency Minutes - 08/05/96 The City Council considered a communication from the Community Development Director, Fire Chief, Library Services Director, Public Works Director, and the Police Chief transmitting a status report on the Library, Fire, Police, and the city's Bolsa Chica Coastal Act Issues. Said communication contains a request for authorization to negotiate with Koll Real Estate Group regarding agreements to provide water and sewer service to the Bolsa Chica area. The City Administrator presented a staff report. He stated an agreement should not be entered into that does not benefit the city. He stated that the report to be prepared on the subject is not recommended to be city funded. Councilman Bauer stated items of concerns to him. He reviewed the slides presented by the Administrative Services Department titled Financial Issues Impacting Huntington Beach Koll Project. Councilman Bauer stated these concerns should be put on the agenda. Councilman Leipzig referred to Councilman Bauer's Agenda Item scheduled later in the meeting. He stated a closed session must be held regarding the acquisition and that the city should not pay for a study. He spoke regarding other steps that should be taken. He stated that the city should never negotiate out of fear but never fear to negotiate, as stated by President John F. Kennedy. Public Works Director Jones responded to questions by Councilman Green regarding provision of water services. Councilwoman Dettloff stated there was much work to be done before commencement of negotiations. She stated that if the city decides to provide water services the benefit must be to the community. Councilwoman Dettloff requested staff to prepare a matrix of certain issues. She stated that she would like a workshop on different areas in which information is needed. Councilwoman Dettloff stated that the city will get many benefits from the proposed fire and library agreements. Councilwoman Dettloff stated that if the mesa is acquired, then these issues will not matter much; however, if acquisition is not realized, it is the City Council's responsibility to plan. A motion was made by Dettloff, second Bauer, to request the City Administrator to develop a process for discussions and possible negotiations with the Koll Company for services. Financial impacts of the project on the City of Huntington Beach must be considered in any process he develops, including a complete list of those issues that this Council feels important, and should be a part of any discussions and negotiations. The Council will be kept fully informed as these discussions progress and will make all final decisions as to the services and the benefits the city may acquire. Councilman Garofalo spoke regarding the progress that has been made in the planning of the development including open space and proposed wetlands restoration. He stated that the recommended action on the agenda was simply put. He repeated the recommended action. Councilman Harman stated his agreement with Ms. Horgan that the city has been stonewalled. He stated his agreement with Bob Winchell, Connie Boardman, and Mark Porter. Councilman Harman stated that the Council could take action tonight to stop the project due to the project's impacts on the city, including financial, traffic, water, sewer, library, fire, and police resources. Jeff Renna, Water Operations Manager, at the request of Mayor Sullivan, reported on water issues including city procedures in drought situations. 462 08/05/96 - City Council/Redevelopment Minutes - Page 13 The Mayor spoke regarding the many aspects which must be dealt with including police, fire, and library issues. He gave reasons why water should not be provided for the development. The Mayor stated the two possible things that may make him consider the possibility of the city providing water: (1) If the project density on the mesa is reduced, and (2) If the project is built to city standards. He stated his agreement with Councilman Harman's position. Councilwoman Dettloff repeated the motion as follows, which again received a second by Bauer, to request the City Administrator to develop a process for discussions and possible negotiations with the Koll Company for water and sewer services. Financial impacts of the project on the City of Huntington Beach must be considered as a part of the process. Included should be a complete list of those issues that this Council feels are important and should be a part of any discussion and/or negotiations. The Council will be kept fully informed as these discussions progress and will make all final decisions as to services provided and the benefit that the city may acquire. In response to a question from Councilmember Bauer, Councilwoman Dettloff stated that it was her intent that before proceeding with discussions that the City Administrator will return to Council with a process as well as a possible agenda and proposal. The motion made by Dettloff, second Bauer, carried by the following roll call vote: AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Harman ABSENT: None In response to Mayor Sullivan, the Public Works Director explained the process used by the city during a drought. Consent Calendar - Items Removed The following items were removed from the consent calendar for separate consideration. All Agenda Items pertaining to the Amicus Curiae Briefs; Pac Bell Lease of Antenna Pole, Pier Plaza Project; Resolution No. 96-64, Federal Grant; Water Meter Fees charged by Mobilehome Park Owners; Request by Fourth of July Board; and Resolution No. 96-65 pertaining to layoff procedure for the Municipal Employees Association was removed from the consent calendar at the request of the City Administrator. Consent Calendar - Items Approved On motion by, Green, second Sullivan, Council approved the following items, as recommended by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None 463 Page 14 - Council/Agency Minutes - 08/05/96 Councilman Harman abstained on the Agenda Item pertaining to the Acquisition of Right -of -Way Easement Deeds, Pursuant to Holly Seacliff development Agreement (Hansen R/W & Kemp R/W). (City Council/Redevelopment Agency) Minutes - Approved And Adopted - Approved and adopted minutes of the regular meeting of April 15, 1996, and adjourned regular meetings of April 22, 1996 and April 29, 1996. (City Council) Resolution No. 96-61 - Adopted - Annual Appropriations Limit - (Gann Appropriation Limit) (320.20) -Adopted Resolution No. 96-61 - "A Resolution Of The City Council Of The City Of Huntington Beach Establishing The Appropriation Limit For Fiscal Year 1996/97." Required by Article 13(B) of the California Constitution. Appropriation Limit of $271,664,286 for fiscal year 1996/97. (City Council) Amendment No. 1. - Professional Services Contract Between City And Gibbs, Giden, Locker, And Acret For Legal Services - Peck Reservoir - Approved (600.10) - Approved and authorized the Mayor and City Clerk to execute Amendment No. 1 to the Professional Services Agreement with the law firm of Gibbs, Giden, Locker, and Acret to continue the services of outside legal counsel, Bill Locker, Esquire, for representation of the city in the Peck Reservoir litigation. (City Council) Acquisition Of Right -Of -Way Easement Deeds -Garfield Avenue Widening From Goldenwest To Main Street - Carl Weaver - Pursuant To Holly Seacliff Development Agreement - (Hansen R/W & Kemp R/W) - Approved (650.40) - Approved and accepted easement deeds, authorized the Mayor and City Clerk to execute same, and the City Clerk to record with the Orange County Recorder. (AP No. 111-110-07, 10) Councilman Harman abstained from voting on the Agenda Item pertaining to the.Acquisition Of Right -of -Way Easement Deeds. (City Council) Notice Of Completion - Modification Of Three Traffic Signals - CC-879 - De La Cruz Construction Inc. - Project Budget Increase - Approved (600.55) - Accepted improvements completed by De La Cruz Construction, Incorporated, on the modification of three traffic signals for a total project cost of $133,133.75; authorized an increase of $13,051 to the approved project budget; and the supplemental limit for the project; and authorized the City Clerk to file the Notice of Completion. (City Council) Mobile Home Advisory Board Appointments - Pica/Porter/Robinson/Shomaker/ Caldwell/Cole/Kato/Nova rro/Pollock - Approved (110.20) - Approved the appointments of Eugene Pica, Mark Porter, Pauline Robison, and Jan Shomaker each to a three-year term to expire August 5, 1999, and appointed Don Caldwell, Sandra Cole, Steven Kato, Steve Novarro, and Ken Pollock each to a one-year term to expire August 5, 1997. 08/05/96 - City Council/Redevelopment Minutes - Page 15 (City Council) Resolution No. 96-62 - Adopted - 1.996 Weed Abatement Costs (520.80) - Adopted Resolution No. 96-62 - "A Resolution Of The City Council Of The City Of Huntington Beach Confirming Reports Of Cost For Weed Abatement On Lots Within The City 1996 Season"' and directed that all charges listed thereon be certified to the county 1996-97 tax roll. (City Council) Professional Services Contract - NBS Lowry, Inc. For Related Plan Check And Inspection Services Public Works Department -Appropriation Of Funds -Approved (600.10) - Appropriated funds in the amount of $204,500 for consultant to provide subdivision -related Plan Checking and Construction Inspection Services of proposed public and private facilities on a time and materials basis not to exceed $204,500 and approved the contract with NBS Lowry Incorporated, and authorized execution by the Mayor and the City Clerk. (City Council) Acceptance Of Improvements - McDonnell Douglas Realty Company - Completion Of Public Storm Drain - Notice Of Completion - Approved (550.40) - Accepted the storm drain line as constructed with this project; accepted Guarantee and Warranty Bond No. 12-0120-27414-96-2, the security furnished for guarantee and warranty of the storm drain line; instructed the City Clerk to file the bond with the City Treasurer; instructed the City Clerk to notify the developer, McDonnell Douglas Realty Company, of this action; and the City Treasurer to notify the bonding company, United States Fidelity and Guaranty Company, of this action. McDonnell Douglas Realty Company will file the Notice of Completion. (City Council) Amendment No 1 - Agreement - Employment Systems, Inc - Planning Staffing Services -Community Development Department -Approved (600.10) -Approved and authorized the Mayor and City Clerk to execute Amendment No. 1 to the Agreement with Employment Systems, Incorporated (ESI), to provide for temporary personnel for Planning Services. (City Council/Redevelopment Agency) Down Payment Assistance Participant - Pacific Park Villas - Talbert -Beach Redevelopment Project Area - Approved (600.30) - Approved the borrower listed on the Request for Council Action by name, the amount of the loan, and the specific property subject to trust deed; approved and authorized the Agency Chair and Agency Clerk to execute the Loan Agreement and related documents between the Agency and the participant as prepared by the City Attorney. (Redevelopment Agency) Main -Pier Phase II Negotiations - Payment To Law Firm Of Stradling, Yocca, Carlson And Rauth - Approved (320.45) - Authorized payment of invoices in the sum of $43,941.72 to Stradling, Yocca, Carlson, and Rauth law office in connection with the Main -Pier Phase II negotiations and appropriated such sum from Account No. E-TM-ED-909-4-05- 00 to pay such invoices. 465 Page 16 - Council/Agency Minutes - 08/05/96 (City Council) Authorization To Join Amicus Curiae Brief - Flooding Of Private Property Inverse Condemnation - Akins v. State Of California - Motion To Join - Approved (630.50) The City Council considered a communication from the City Attorney recommending joining the amicus brief relative to Akins v. State of California. The appellate court ruled that public entities are strictly liable for inverse condemnation damages when flooding of private property occurs as a result of flood control projects which intentionally diverts waters. The amicus brief will argue that the Court of Appeal's rule of strict liability is wrong as a matter of law and policy, and the finding should be rejected by the Supreme Court. A motion was made by Garofalo that Council not join said Amicus Curiae Brief Discussion was held. The City Attorney reported. The motion made by Councilman Garofalo failed to receive a second. A motion was made by Harman, second Bauer, to join the Amicus Curiae Brief, Flooding of Private Property, Inverse Condemnation, Akins v. State of California. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff NOES: Garofalo ABSENT: Leipzig, Green (City Council) Authorization To Join Amicus Curiae Brief - Parcel Tax Ordinance Thomas et al v. City Of East Palo Alto et al - Motion To Not Support - Approved (630.50) The City Council considered a communication from the City Attorney recommending that Council join the amicus brief regarding the class action suit against the City of East Palo Alto, challenging that its parcel tax ordinance is an unconstitutional, non -ad valorem property tax. The case is currently on appeal and will decide whether parcel taxes must be considered "property" taxes governed by Article XII, Section 1 of the California Constitution. A motion was made by Garofalo, second Sullivan, that Council not join the Amicus Curiae Brief regarding the Parcel Tax Ordinance, Thomas et al v. City of East Palo Alto, et al. The motion carried by the following roll call vote: AYES: Sullivan, Dettloff, Garofalo NOES: Bauer, Harman ABSENT: Green, Leipzig 08/05/96 - City Council/Redevelopment Minutes - Page 17 (City Council) - Authorization To Join In Amicus Curiae Brief Regarding Placement Of Measure Before Voters Without Pre -Election CEQA Review - Lee v City Of Lompoc Motion To Not Join - Approved (630.50) The City Council considered a communication from the City Attorney recommending that Council authorize- joining the amicus brief relative to a question as to whether a City Council, in reliance on Guidelines Section 15378(b)(4) and cases such as Lee v. City of Lompoc, can place a measure before it voters for their approval without conducting a pre -election California Environmental Quality Act (CEQA) review. A motion was made by Garofalo, second Green, that Council not joint the Amicus Curiae Brief regarding placement of measure before voters without pre -election CEQA review - Lee v. City of Lompoc. The motion carried by the following roll call vote: AYES: Sullivan, Dettloff, Green, Garofalo NOES: Harman, Leipzig, Bauer ABSENT: None (City Council) Resolution No 96-63 - Adopted - Pac-Bell Lease Of Antenna Pole At Library Site - Re -Recordation Of Deed With A Notice Of Removal Of HUD Deed Restriction (600.10) The City Council considered a communication from the City Attorney transmitting a resolution relative to the need to remove deed restrictions on property at the Central Library site. Councilmember Bauer requested information as to which other cities have been in these situations and whether the City of Huntington Beach has an ordinance on this subject. The City Attorney and the Community Development Director reported. A motion was made by Bauer, second Green, to adopt Resolution No. 96-63 - "A Resolution Of The City Council Of The City Of Huntington Beach Ordering The Re -Recordation Of Deed With Notice Of Removal Of Deed Restriction." The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Permission To Solicit Bids For Pier Plaza Project CC 1029 Approval To Solicit Plans and Specifications - Approved (600.80) The City Council considered a communication from the Public Works Department regarding solicitation of bids for the proposed Pier Plaza Project and requesting approval of the project plans and specifications. The City Administrator referred Council to the funding issue in the staff report. 467 Page 18 - Council/Agency Minutes - 08/05/96 The Community Services Director stated that the Design Review Board has been involved and on Thursday they would determine the final colors. Councilman Harman stated his concern with the large delivery trucks going out on the pier. The Community Services Director informed Council of the delivery procedure in the city's agreement with Ruby's Restaurant that he will ensure is enforced. He informed Council that he will check into this first thing tomorrow. Councilman Harman stated that young children were darting around and that it caused a dangerous situation. The Community Services Director reported, at the request of Councilwoman Dettloff, on the time plan for funding the beach restroom improvements. On motion by Bauer, second Dettloff, Council approved the plans and specifications and authorized the Public Works Director to solicit bids for construction of the Pier Plaza Project, CC-1029, and approved the attached sample contract subject to award of contract to approved lowest responsible bidder. The motion carried by unanimous vote. (City Council) Resolution No. 96-64 - Adopted - Federal Grant - Community Oriented Policing To Combat Domestic Violence (340.70) The City Council considered a communication from the Police Chief regarding Resolution No. 96-64 - "A Resolution Of The City Council Of The City Of Huntington Beach Authorizing Participation In Community Policing To Combat Domestic Violence Federal Grant Program. " Mayor Sullivan congratulated Police Chief Lowenberg and the Police Department for obtaining the federal grant to combat domestic violence. A motion made by Sullivan, second by Dettloff, to adopt Resolution No. 96-64. The motion carried by roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Water Meter Fees Charged By Mobile Home Park Owners - Direction To Mobile Home Review Committee (MHRC) - Joint -Meeting To Be Scheduled (110.10) The City. Council considered a communication from the Economic Development Department recommending that Council direct the Mobile Home Review Committee to inform residents that water.meter overcharges must be. handled between the mobile home park owners and mobile home park residents as private parties. Councilwoman Dettloff stated that she would like a joint meeting between Jeff Renna, Water Operations Supervisor, staff, and the mobile home park residents. W • i 08/05/96 - City Council/Redevelopment Minutes - Page 19 On motion by Green, second Leipzig, Council deferred the communication from the Economic Development Department regarding water meter fees charged by Mobilehome Park owners to a later date following a joint meeting between staff and residents. Motion carried unanimously. (City Council) Council Direction Given To Staff Regarding Request By Fourth of July Board To Create Donor Wall For "Parade 2000" Membership Organization (130.55) The City Council considered a communication from the Community Services Department regarding the creation of a donor wall for the "Parade 2000" membership organization. The Community Services Director informed Councilman Harman that there was not a policy established relative to the display of works of art in city buildings. A motion was made by Bauer, second Green, to direct staff to work with the Fourth of July Board to create a donor wall in the lower level reception area between rooms B-6 and B-7 of City Hall which will include art work, plaques and recognizing members who join "Parade 2000". The motion carried unanimously. (City Council) Support Stated For Councilmember Ralph Bauer Councilman Green stated that he would like to go on record as strongly opposed to any recall of Councilman Bauer. Councilmembers Dettloff, Sullivan, and Leipzig stated their concurrence. Adjournment - City Council/Redevelopment Agency The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 12:20 a.m. to Monday, August 12, 1996, at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk City Clerk and ex-officio Clerk of The City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach California Mayor/Chairman