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HomeMy WebLinkAbout1997-04-28MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room CID Huntington Central Library 7111 Talbert Avenue Huntington Beach, California Monday, April 28, 1997 An audio tape recording of this meeting is on file in the Office of the City Clerk. CALL TO ORDER Mayor Bauer called the adjourned 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 CID, Huntington Central Library. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: None LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following late communications regarding Agenda Items which had been received following distribution of the agenda: Slide Report from the Public Works Commission regarding Integrated Infrastructure Management Program Memorandum from the City Attorney to the City Council dated April 25, 1997, Subject: Public Consumption of Alcoholic Beverages; Reference: (A) Proposed Ordinance Requested by the Chief of Police, (B) City Attorney Preferred Ordinance, (C) City Attorney Alternative Ordinance PUBLIC COMMENTS RON DAVIS, attorney, addressed Council regarding the constitutionality of the proposed amendment to the city's ordinance regarding drinking in public. He informed Council that he had volunteered for the City Council Committee formed on this subject to write an opinion on the issue. He presented information why he did not agree with Alternative Ordinance B 916 Page 2 - Council./Agency Minutes - 04/28/97 preferred by the City Attorney. He informed Council he had discussed his differences with the City Attorney. Mr. Davis recommended that Council not approve the proposed ordinance due to what he believed to be a vagueness issue. He reported on the City Attorney's April 25, 1997 memo of which the memorandum he wrote was attached. CHUCK SCHEID informed Council of his concerns with laws such as the proposed amendment to the city's code relative to drinking in public which he believes addresses a special problem on one day of the year and will not be enforced on the other days. He stated that he believed this is selective enforcement and stated his opposition. (CITY COUNCIL) STUDY SESSION - DISCUSSION REGARDING PROPOSED MODIFICATION (DRAFT) TO EXISTING DRINKING IN PUBLIC ORDINANCE - PROPOSED ORDINANCES TO BE SUBMITTED FOR COUNCIL CONSIDERATION AT THE MAY 5, 1997 COUNCIL MEETING The City Council considered a communication from the Chief of Police informing Council that in an effort to maintain a safe environment in our city and prevent more serious alcohol -related offenses, the Police Department, in conjunction with the City Attorney's Office, has prepared a modification that clarifies the "Drinking of Alcoholic Beverages in Public" ordinance. The need for the clarification is due to a recent municipal court case where the language referring to a "public place" was deemed too vague. The proposed modifications will rectify that issue by specifically describing those "public places." Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Memorandum from the City Attorney to the City Council dated April 25, 1997, Subject: Public Consumption of Alcoholic Beverages; Reference: (A) Proposed Ordinance Requested by the Chief of Police, (B) City Attorney Preferred Ordinance, (C) City Attorney Alternative Ordinance The Police Chief reported on the history of the reasons for the development of the proposed ordinance. He stated reasons why he opposed Proposed Alternative B - City Attorney Preferred Ordinance. He informed Council that Proposed Ordnance A is the Police Department's preference. The City Attorney addressed the legalities surrounding the issue. She clarified the differences between the three proposed ordinances and referred to her communication dated April 25, 1997 titled Public Consumption of Alcoholic Beverages written to the Mayor and City Council. She spoke regarding the ordinance of the City of Orange and the enforcement difficulties that the city has encountered. The City Attorney informed Council that establishment by cities of this type of ordinance has been few and far between and that cities such as the City of Orange are struggling with the issue. She spoke regarding the feasibility of enacting an ordinance that would apply only to certain parts of the city. The City Attorney spoke regarding the record of justification that would have to be made in order to target a particular portion of the city under such an ordinance. She stated that perhaps this could be done through a zoning ordinance and that she will report further on this concept. 917 04/28/97 - City Council/Redevelopment Agency Minutes - Page 3 Disdussion was held between Council and the City Attorney regarding aspects of the matter, including aspects relating to the "lawful occupier" being exempt (Section 9.44.010). The Police Chief, in response to a question by Councilmember Garofalo, stated that a type of zoning law or single day ordinance as referred to by the City Attorney would be acceptable. The City Attorney, in response to Councilmember Green, reported that to her knowledge the City of Orange ordinance had not been tested in court. She presented an example of why she believed the City of Orange ordinance was vague. Councilmember Harman stated that if it would stand constitutionality standards, he would prefer only a one day ordinance so that on other days of the year the ordinance would not be used by neighbors to report other neighbors with whom they may not get along. Mayor Bauer stated that he supported Proposed Ordinance A because that ordinance encompasses what the judge has recommended be done by the city to correct the city's current ordinance. In response to Councilmember Garofalo, the Police Chief reported regarding the advantages of Proposed Ordinance A to the Police Department. He stated that in the Police Department's opinion, Proposed Ordinance C was too vague for the police officers. The City Attorney reported on the reasons why she favored Proposed Ordinance B. Ron Davis, attomey, at the request of Council, presented reasons why he believes Proposed Ordinance B is totally unenforceable. He stated that he believes Proposed Ordinance A is the best ordinance. By consensus of Council, it was determined that all three proposed ordinances would be presented to the City Council at the meeting of May 5, 1997. (CITY COUNCIL) JOINT STUDY SESSION WITH THE PUBLIC WORKS COMMISSION - DISCUSSION REGARDING INFRASTRUCTURE MASTER PLAN - PRESENTATION BY PUBLIC WORKS DEPARTMENT PUBLIC WORKS COMMISSION ROLL CALL: Present: Smith, Riffenburgh, Johnson, Carrol, Hartge, Hicks Absent: None Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council Slide Report from the Public Works Commission regarding Integrated Infrastructure Management Program The Public Works Director spoke regarding the work of the Public Works Commissioners, including their work on the Integrated Infrastructure Management Plan issue. 918 Page 4 - Council/Agency Minutes - 04/28/97 Each Public Works Commissioner, at the request of the Mayor, gave a brief review of their backgrounds. Public Works Commission Chair Smith presented a video titled Timing is Everything. The video presentation included information as to the definition of infrastructure which included highways, bridges, streets, alleys, sidewalks, curbs, and parkways. Traffic signals, street lights, water supply, storage and pumping facilities, sewer mains and lift stations, flood control channel structures, storm drains and pumping facilities were also covered in the report. The report continued with information covering public buildings, the municipal pier, other structures, parking lots and associated lighting and landscaping, parks, playing fields, tot lots, landscape medians and waysides, and the city's fleet of rolling stock and other equipment which is sub - infrastructure. Also during the video presentation information was presented on preventative maintenance, deferred maintenance, infrastructure demands, consideration of what the future may bring relative to infrastructure collapse or taking action through the Integrated Infrastructure Management Program. During the video presentation report, the fact was stated that the citizens own the infrastructure. Information was presented regarding city revenue taken by the state, major revenues compared to major expenses, preliminary findings that there is a shortfall which includes immediate needs for health and safety of $1 12 million, and the recommendation that staff be authorized to seek proposals from qualified firms to complete the Integrated Infrastructure Management Program. Les Jones, Public Works Director, reported on the efforts to make a computerized model for infrastructure needs. He stated he will report back with information on this issue. He stated that the Public Works Department is in the forefront of this effort. Chair Smith stated that the Public Works Commission is impressed with the work done by Public Works Department staff and they recommend that staff be authorized to obtain proposals from qualified firms to complete the Integrated Infrastructure Management Program (limp). Councilmember Sullivan inquired relative to the preliminary finding of a shortfall of $1 12 million for immediate needs for health and safety. The Public Works Director reported on Councilmember Sullivan's inquiry. Public Works Commissioner Carrol stressed the need for professional help for Public Works Department staff as staff cannot do both jobs. He commented on the professionalism of Public Works Department staff. Public Works Director Jones responded to Councilmember Harman that the next step following the consultant would be a public awareness program. City Engineer Eichblatt reviewed what would occur following completion of a professional/financial consultant report performed simultaneously with a public awareness program and a computerized model of the infrastructure program. He stated that it should result in a working program for the city to follow to realize its goals. Discussion was held regarding the need to collectively (citizens, staff, and City Council) decide what kind of city the city will be and the fact that there are cities on the eastern seaboard that have not done this and have infrastructure crisis. 919 04/28/97 - City Council/Redevelopment Agency Minutes - Page 5 Councilmember Green suggested that the city look for state and federal funding to obtain funds for obtaining a consultant. He recommended that the cities.of Los Angeles and San Diego be contacted as they may know of pockets of funding, Public Works Commission Chair Smith stated that the city is out in front on this issue now and that if the planned program can be developed, it could prove marketable for the city. He spoke regarding his support for the public awareness program. In response to Councilmember Harman, the City Engineer reported on areas including a problem in Huntington Harbour that the county's recommendation to fix will prove to be advantageous. He reported further on assistance from the county relative to sewer lift stations. Councilmember Harman stated that he would like a report on whether the county could take over the city's sewer system. The Public Works Director stated that he would forward a letter which he had received from the county in this regard to the City Councilmembers. The video report continued with a review of hazardous sidewalks and sewer pipe deficiencies. At the request of Mayor Pro Tern Dettloff, the Public Works Director reported on the proposed immediate infrastructure needs as set forth on Appendix E of the Integrated Infrastructure Management Program Executive Summary. The Public Works Director reported on how staff had prioritized the needs. He gave an example of the needs at Edison Community Park which are great and which could pose liability to the city. In response to Mayor Pro Tern Dettloff, the City Engineer stated that Psomas and Associates had expertise; that they had developed a Geographic Information System (GIS) and their contract could be amended to provide a jump-start on the program with the exception of the community awareness program. The City Administrator requested that Council allow staff to prepare a written implementation strategy for presentation to Council. The Council concurred with the request of the City Administrator. Councilmember Sullivan questioned whether the city is giving the consultant an opportunity to take the report which they will do for the City of Huntington Beach and present it to other cities. Councilmember Sullivan's question was followed by discussion by Council regarding the feasibility of recouping the funds expended for the IIMP study as well as the consultant's fee and the possibility of marketing and copyrighting if necessary as well as putting the matter on the Internet. Councilmember Harman stated that he would like less expensive infrastructure options presented. Public Works Commissioner Johnson reported on the techniques his firm uses to reduce cost. Councilmember Garofalo spoke regarding the need to work with professional political lobbyists. The Public Works Director reported that the Ferguson Group is currently doing this. Members of the Public Works Commission spoke regarding the need to get started on some very serious needs right away such as sewer slip lining. 920 Page 6 - Council/Agency Minutes - 04/28/97 Councilmember Sullivan spoke regarding copyright possibilities. City Engineer Eichblatt informed Council regarding the assistance rendered by Kathleen Hollingsworth from Congressman Rohrabacher's office relative to creating a prototype by Huntington Beach companies of the model which would result in the city receiving it free. It was clarified that the concept can be written to include the fact that the contents and other benefits of the program become the property of the city. The Public Works Director stated that this issue could be explored. Councilmember Sullivan spoke regarding Proposition 218 which would require a 213 vote of the electorate. He stressed that this fact made it mandatory that the best possible public relations firm be hired for the public awareness program. ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY The Mayor adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, May 5, 1997 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: r City Clerk/Clerk City Clerk and ex officio Clerk offthe City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ayar/Chairman 921