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HomeMy WebLinkAbout1997-07-07 (9)MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Monday, July 7, 1997 An audio tape recording of the 5:00 p.m. portion of this meeting and a video tape recording of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. CALL TO ORDER Mayor Bauer 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 COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: Julien Community Services Commissioner Jay Kreitz was also in attendance. REMOVAL OF CLOSED ITEM - BLAND VS. CITY OF HUNTINGTON BEACH (120.80) City Administrator Uberuaga informed Council that the proposed closed session - Subject: Bland vs. City of Huntington Beach should be removed from the City Council agenda. The City Councilmembers concurred. PUBLIC COMMENTS ON STUDY SESSION OR CLOSED SESSION ITEMS (120.80) There were no persons present to address Council regarding the study session or closed session items scheduled on the agenda. 94 Page 2 - Council/Agency Minutes - 07/07197 (CITY COUNCIL) STUDY SESSION - HUNTINGTON CENTRAL PARK SPECIFIC PLAN - REPORT PRESENTED (920.20) The City Council considered the following reports which had been distributed by the Community Services Director: Slide report from Ron Hagan, Community Services Director, regarding Huntington Central Park Environmental Impact Report and Specific Plan Process Description; a slide report titled Huntington Central Park Environmental Impact Report and Specific Plan Process Description; and diagrams titled Central Park- City of Huntington Beach, California prepared by Nuvis, Landscape Architecture and Planning, showing alternates and options for the Huntington Central Park Specific Plan_ City Administrator Uberuaga stated that this is a study session on the Huntington Central Park Specific Plan and that reports will be provided by staff at this meeting. He informed Council that the public hearing is scheduled for the July 21, 1997 City Council meeting. Community Services Director Hagan introduced Jim Engle, Deputy Director, Beaches, Recreation and Development Division, Community Services Department, who presented a staff report. Mr. Engle presented an overview of the Environmental Impact Report and Specific Plan Process description. Leslie Temple, representing Nuvis Architects, reviewed the alternates as contained in the diagrams titled Central Park - City of Huntington Beach, California. The Environmental Impact Report items contained in the slide report were reported upon. The report included information regarding the May 14,1997 public input meeting of the Community Services Commission, the May 16, 1997 City Council Subcommittee Review with Council Liaisons Sullivan and Harman; and the June 11,1997 public hearing at the Community Services Commission meeting. Also reviewed were the program vs. project level analysis, sport complex alternatives, and other recreation elements of the specific plan. City Council issues contained in the slide report which were reviewed by Mr. Engle included park maintenance expansion, batting cages as part of the sports complex, aquatic complex alternative site, urban forest - $60,000 project level study, Gun Range Subcommittee Report, and Driftwood Mobile Home Agreements. Discussion was held between Council and staff regarding issues including the methane gas problem at the site; three archaeological sites in the urban forest site area; Oceanview Mobile Home Estates, Phase II; the sites for sports facilities that were approved in the past November, 1996 Measure C vote; and renegotiating the Driftwood Mobile Home Agreement. (CITY COUNCIL) MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80) A motion was made by Sullivan, second Green to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote with Councilmember Julien absent. 95 07107197 - City Council/Redevelopment Agency Minutes - Page 3 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 Govemment 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 McNutt vs. City of Huntington Beach - Orange County Superior Court Case No. 74 44 28. Subject: McNutt vs. City of Huntington Beach. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attomey regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Butler vs. City of Huntington Beach - United States District Court Case No. SACV 96-517 GLT (EEx). Subject: Butler vs. City of Huntington Beach. (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 City v. McDonnell Douglas Corporation - U.S. District Court Case No. SACV 94 29 LHM (RWRx) Subject: City vs. McDonnell Douglas Corporation. (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 Talbert and Beach vs. City of Huntington Beach - United States District Court Case No. SACV 96 969 AHS. Subject: Talbert and Beach vs. City. (120.80) RECONVENE Mayor Bauer reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: .Julien FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by Hillary Thompson, Sister City Association. Page 4 - Council/Agency Minutes - 07/07/97 (CITY COUNCIL) MOMENT OF SILENCE IN MEMORY OF JOE BARRON, DEPUTY CITY ATTORNEY (120.70) Mayor Bauer, with regret, announced the sudden passing of Deputy City Attorney Joe Barron. A moment of silence was held in Joe's memory. (CITY COUNCIL) REPORT OF ACTION TAKEN AT APRIL 7, 1997 CLOSED SESSION REGARDING ALLISON JILL GONSOWSKI VS. CITY OF HUNTINGTON BEACH - ORANGE COUNTY SUPERIOR COURT CASE NO. 74 62 10 (120.80) Mayor Bauer announced that during the April 7,1997 closed session the City Council voted to authorize settlement of civil tort action in the amount of $125,000 relative to Jill Gonsowski vs. City of Huntington Beach. The vote was unanimous with Councilmember Julien recorded absent. 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: Diagrams showing alternates and options for the Huntington Central Park Specific Plan submitted by Nuvis Landscape Architects (920.20) Slide report from Ron Hagan, Community Services Director, regarding Huntington Central Park Environmental Impact Report and Specific Plan Process Description (920.20) Communication from Eileen Murphy, dated June 30, 1997, in support of the item pertaining to the Bolsa Chica Mesa Acquisition Communication from Robert Franz, Deputy City Administrator, dated July 3, 1997, regarding a request to continue the agenda item pertaining to Utility Tax Ordinance Changes to allow additional review time for utility company representatives (640.10) PRESENTATIONS - By Mayor Bauer and the City Council of plaques to winners of the 1997 Environmental Awards Program: The Natural Valet, Water Management, Jonathan Grossman; Harbor Ocean Preservation Enhancement, City Beautification, Robert Hetzler; McDonnell Douglas Aerospace, Air Quality, Stephen Adams, Cody Burton, Charles Bajza; and Huntington Beach Union High School District, Energy Conservation, Ron Bennet, Bonnie Bruce, Susi McLane, Ed Baker, and Patricia Cook. (160.40) INTRODUCTION - To Mayor Bauer and the City Council of Sister City Youth Ambassadors from Anjo, Japan and Waitakere, New Zealand and their chaperones by Sister City Board President Margot Finestone. Anjo Japan: Nazumi Tsuzuki, Nami Nakashima, Yuki Nomura, 97 07/07/97 - City Council/Redevelopment Agency Minutes - Page 5 Syuji Matsumoto, and Mr. Masao Kato (Chaperone). Waitakere, New Zealand: Christopher Whitcombe, Jade Walker, Maimee Russ, Amy Barnes, and Mrs. Helen Twentyman (Chaperone). (160.40) PUBLIC COMMENTS DOUG LANGEVIN addressed Council regarding the problem he encountered in obtaining a bicycle license due to his lateness in getting to the Police Department. He stated that other people had the same problem and that he had solved the problem by buying a bicycle license in Newport Beach. Mr. Langevin informed Council that he believes there should be a solution to this problem and mentioned the solutions used in other cities. JANE GOODNIGHT addressed Council regarding the proposed gas station at Pacific Coast Highway and Goldenwest Street. She stated her opposition due to the fact that it is an infill lot with existing and future residences immediately adjacent and, therefore, the land use of the site must be carefully considered. She quoted from a letter dated January 8, 1997 to the Community Development Director from the Fire Chief regarding flammable liquid issues that would not be solved by a wall. She stated that the residents had done a traffic study which she would not at this time detail due to time factors at this meeting. CHARLES MORROW addressed Council in opposition to the proposed gas station at Pacific Coast Highway and Goldenwest Street. He stated that this is an infill lot with existing and future residences immediately adjacent. He stated commercial use requires new curb cuts on both northbound on Pacific Coast Highway and northbound Golden West Street for ingress and egress. He stated that the Pacific Coast Highway curb cut would be in a 50 mph speed zone and would be too close to the intersection to allow a desired right turn pocket compliant with the CAL -TRANS requirements. He stated that the curb cut at Goldenwest Street is also too close to the intersection for traffic and pedestrian safety problems and spells a formula for disaster. He stated that a commercial land use of this site would cause nonresidential traffic intrusion into the adjacent residential neighborhood; customers would have difficulty returning to their intended direction of travel without intruding onto residential streets in the vicinity. Mr. Morrow stated that the traffic intrusion issue remains to be addressed though it was brought up as reflected in the minutes of the staff -applicant meeting of January 8, 1997 but remains to be addressed. He asked information of Councilmember Garofalo as to whether he could shed any light as to the status of the unanimous Council motion encouraging the Planning Commission to expediently pursue the rezoning of the infill lots on Pacific Coast Highway between Golden West and 17th Streets to residential zoning. Melanie Fallon, Community Development Director, reported on the matter, stating that on August 12, 1997 the Planning Commission will hold a study session to look into a survey that has been done of this area and to explore and review possible General Plan and Land Use and Zoning regulations. She reported that the gas station proposal on this project is tentatively to go to the Planning Commission in September. Councilmember Garofalo, with the Mayor's permission, requested that Community Development Director Fallon schedule a meeting with the landowners, Mayor Bauer and him. Mayor Bauer agreed with the desirability of a meeting. He also spoke regarding the appropriate procedural steps that must be taken. Page 6 - Council/Agency Minutes - 07/07/97 LORETTA WOLFE, member of the Downtown Residents' Association, informed Council that it had been a very positive Fourth of July. She stated that the City of Huntington Beach deserves this and that the Police Department's plan for the Fourth of July was well implemented. She thanked the City Council. Mayor Bauer thanked Ms. Wolfe, the Downtown Residents' Association members, and the downtown neighborhood for their work, MARIE ST. GERMAIN, Downtown Residents' Association, thanked the Council and Police Department for a very great Fourth of July. She stated that everyone in her neighborhood enjoyed the holiday. MATTHEW HARPER stated that infringing on property rights of citizens was not the way to reduce crime. He stated his opposition to Ordinance No. 3363. He spoke against the street barricades erected by the city as well as the confiscation of bicycles. (CITY COUNCIL) COMMENDATION REGARDING FOURTH OF JULY CELEBRATION (960.30) Councilmember Garofalo, Council Liaison to the Fourth of July Board, commended the Fourth of July Board members and the hundreds of volunteers who made the parade and events possible. Councilmember Harman, Council Liaison to the Fourth of July Board, also thanked the committee for the wonderful job they did. He stated recognition was due for Ron Hagan, Community Services Director, and Bill Fowler, Superintendent of the Recreation/Human Services Division of the Community Services Department. (CITY COUNCIL) SUPPORT FOR AB 1228 - FUNDING TO PROTECT BEACHES (120.70) Councilmember Harman informed the Council and audience that he would be going to Sacramento tomorrow to testify on behalf of Assembly Bill 1228 which if passed would provide funding to protect our beach. (CITY COUNCIL) REVIEW OF JULY FOURTH ACTIVITIES - CITY ADMINISTRATOR (960.30) City Administrator Uberuaga stated that he will be presenting statistics regarding the cost of the Police Department presence during the Fourth of July holiday and also other statistics relative to the event. City Administrator Uberuaga spoke regarding how much the Fourth of July weekend was enjoyed by the community. He thanked and commended the Public Works Department staff and the police officers for their fine job. Police Chief Lowenberg thanked the Council for their support_ He also thanked the Fire Department, Department of Public Works, Marine Safety, California Highway Patrol, volunteers, Downtown Residents' Association, Explorer Search and Rescue Post, Retired Senior Volunteers, Citizens' Police Academy Alumni Association, and special thanks to Lieutenant Jon Arnold, Lieutenant Dan Johnson and Sergeant Mike Kelly. He stated that he was so very proud to be the Police Chief and of all of the employees in his department. He stated that it is his goal that before he retires that most of police officers in the City of Huntington Beach will be able to enjoy the Fourth of July holiday with their families. • e 07/07/97 - City Council/Redevelopment Agency Minutes - Page 7 (CITY COUNCIL) PUBLIC HEARING - RANCHO VIEW SCHOOL - NOTICE OF INTENT TO SELL/LEASE SURPLUS SCHOOL PROPERTY BY THE OCEAN VIEW SCHOOL DISTRICT (RANCHO VIEW SCHOOL -16940 "B" STREET, NORTH SIDE OF WARNER AVENUE BETWEEN BEACH BOULEVARD AND NEWLAND STREET) - CITY NOT TO PURCHASE (650.20) The Mayor announced that this was the meeting set for a public hearing to consider the following: Pursuant to Education Code Section 39394 and Government Code Section 54222, the Ocean View School District has submitted a notice to the City of Huntington Beach of intent to sell or lease 13.519 acres of surplus school property at 16940 "B" Street on the north side of Warner Avenue between Beach Boulevard and Newland Street (commonly known as the Rancho View School). Under the provisions of the Education and Government Codes, the school district is required to offer to sell or lease the land to the city in which the property is located and the city is required to respond within sixty (60) days as to whether or not it intends to purchase or lease the property. The City Council will be receiving a presentation from city staff on the possible options for responding to the school district's notice and will receive public comments on this issue. Should the City Council decide against acquisition of the property by the city, other alternatives could be explored by the community such as but not limited to formation of an assessment district (which would be subject to a vote of the people) to pay an additional tax to purchase the surplus property, etc., thereby avoiding the possible loss or relocation of open space if the surplus site is not purchased by the city. Environmental Status: The above item is categorically exempt from the provisions of the California Environmental Quality Act. Legal notice, as provided to the City Clerk's Office by staff, had been mailed, published and posted. Community Development Director Fallon presented a staff report. Mayor Bauer declared the public hearing open. CARESSA WAGONER addressed Council regarding the matter and presented each Councilmember with newspaper articles from 1987 regarding the Ocean View School District's land lease to Price Club. She spoke regarding this comparison with the issue before the Council. INGRID WOKEN informed Council that her home is directly north of the site. She stated that she believed any development will have an impact; however, they are realistic that it will be developed, thus would like to be a part of any committee or planning decision that would result in development or nondevelopment. She stated notification has not been given to the residents at all from the school district. There being no one to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by Mayor Bauer. 100 Page 8 - Council/Agency Minutes - 07/07/97 A motion was made by Harman, second Dettloff to direct City Administrator Uberuaga to notify the Ocean View School District that the City of Huntington Beach does not have the funding available to pursue acquisition of the Rancho View Elementary School. The motion carried by unanimous vote with Councilmember Julien absent. CONSENT CALENDAR - ITEM REMOVED City Administrator Uberuaga announced that the item regarding Resolution No. 97-32 - Deferred Compensation Plan would be removed from the Agenda and deferred indefinitely. CONSENT CALENDAR - ITEMS APPROVED Councilmember Harman requested the City Clerk to record his abstention from voting on the June 9, 1997 and June 16, 1997 minutes as he was absent from those meetings. On motion by Garofalo, second Green, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Julien (CITY COUNCI LIREDEVELOPMENT AGENCY) MINUTES - APPROVED AND ADOPTED (120.65) - Approved and adopted minutes of the regular meeting of May 19, 1997, special meeting of May 30, 1997, regular meeting of June 2, 1997, adjourned regular meeting of June 9, 1997, and regular meeting of June 16, 1997 as written and on file in the Office of the City Clerk. Councilmember Harman abstained from voting on approval of the June 9, 1997 and June. 16, 1997 minutes as he was absent from these meetings. (CITY COUNCIL) RESOLUTION NO. 97-41 - ADOPTED - DESIGNATES THE TRINIDAD ISLAND BRIDGE A COUNTY BRIDGE DURING THE SEISMIC RETROFIT PROJECT - CC-1044 (600.25) - Adopted Resolution No. 97-41 - "A Resolution Of The City Council Of The City Of Huntington Beach Consenting To The Designation Of The Trinidad Island Bridge In The City Of Huntington Beach As A County Bridge For The Purposes Of Construction, Maintenance, Improvement And/Or Repair." (CITY COUNCIL) AMENDMENT NO. 2 TO PROFESSIONAL SERVICES CONTRACT BETWEEN CITY AND GIBBS, GIDEN, LOCHER AND ACRET - OUTSIDE COUNSEL - PECK RESERVOIR LITIGATION (CITY OF HUNTINGTON BEACH V. MONTGOMERY WATSON, ET AL) - APPROVED (600.10) - Approved Amendment No. 2 to the Professional Services Contract between the City of Huntington Beach and Gibbs, Giden, Locher and Acret Legal Services regarding Peck Reservoir and appropriated $125.000 into Account No. E-EW-AT- 130-4-05-00 for Gibbs, Giden, Locher and Acret for Peck Reservoir representation. 101 07/07/97 - City Council/Redevelopment Agency Minutes - Page 9 (CITY COUNCIL) CITIZEN PARTICIPATION ADVISORY BOARD APPOINTMENTS - APPROVED - COHEN, LEBOW, LEWIS, PHILLIPS AND ZISAKIS (110.20) - Approved appointment of the following members to serve a second four-year term on the Citizen Participation Advisory Board: Stan Cohen, Jeff LeBow, Judith Lewis, Floyd Phillips, and Phil Zisakis, commencing July 1, 1997 and ending June 30, 2001. (CITY COUNCIL) TRACT NO. 14177 - ACCEPTANCE OF BONDS AND AGREEMENTS - APPROVAL OF SUBDIVISION AGREEMENTS - POLYGON HUNTINGTON BEACH ASSOCIATES - SOUTH SIDE OF CONSTANTINE DRIVE, EAST OF BEACH BOULEVARD - APPROVED (420.60) Approved recommendation that the City Council accept the following bonds and instruct the City Clerk to file them with the City Treasurer. It is further recommended that the City Council approve and authorize the Mayor and City Clerk to execute and the City Clerk to file: 1. Faithful Performance Bond/Labor and Material Bond No. 3SM 889 854 00 and 2. Monument Bond No. 3SM 889 853 00. (American Motorists Insurance Company). (CITY COUNCIL) REAPPOINTMENT OF PUBLIC WORKS COMMISSIONERS CARROLL, SMITH, AND HARTGE - APPROVED (110.20) - 1. Reappointed Wally Carroll to the Public Works Commission to serve his second and last term. This reappointment would expire June 30, 2001. 2. Reappointed Philip Smith to the Public Works Commission to serve his second and last full term. This reappointment would expire June 30, 2001, 3. Reappointed Bill Hartge to the Public Works Commission to serve his first full term. This reappointment would expire June 30, 2001. (CITY COUNCIL) AGREEMENT BETWEEN CITY AND COUNTY OF ORANGE - AUTHORIZATION TO BECOME A PARTICIPATING AGENCY WITH THE ORANGE COUNTY HEALTH CARE AGENCY AS PART OF A CERTIFIED UNIFIED PROGRAM AGENCY (CUPA) - APPROVED (600.25) - Approved and authorized the Mayor and the City Clerk to execute a Participating Agency Agreement with the County's Health Care Agency, Agreement between the County of Orange and the City of Huntington Beach for Implementation of Unified Program Element Requirements effective immediately for the purpose of continuing to administer the hazardous materials specific programs in the City of Huntington Beach. (CITY COUNCIL) RESOLUTION NO. 9742 - ADOPTED - CLEAN VESSEL ACT GRANT FOR BOAT PUMP-OUTIDUMP STATION FACILITY AT WARNER DOCK AND VESSEL - PUMP -OUT FACILITY INSTALLATION CONTRACT (CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS REIMBURSEMENT) (600.20) - Adopted Resolution No. 97-42 - `A Resolution Of The City Council Of The City of Huntington Beach Requesting A Grant From The Department Of Boating And Waterways For The Development Of A Boat Pump-Out/Dump Station Facility At Warner Dock, "and authorized the City Administrator to sign the grant contracts requesting a Clean Vessel Act Grant in the amount of $25,000 from the California Department of Boating and Waterways for the purchase of a replacement boat pump-out/dump station at Warner Dock, including purchase, installation, permits, and sewer line location. 102 Page 10 - Council/Agency Minutes - 07/07/97 (CITY COUNCIL) NEWLAND HOUSE REPAIR AND HAZARDOUS TREE REMOVAL - AMENDMENT TO CITY BUDGET - APPROVED (320.45) - Approved an Amendment to the current year budget by appropriating $4,999 for repair work on the Newland House and removal of a hazardous tree on the Newland House site. (CITY COUNCIL) YOUTH BOARD APPOINTMENTSIREAPPOINTMENTS - APPROVED (110.20) 1. Reappointed the following students for a one-year term on the Huntington Beach Youth Board for the July, 1997 to June, 1998 term: Kellie Okonek, Marina High School; Janet Phillips, Ocean View High School; Heather Rachels, Huntington Beach High School; Leslie Jellick, At -large; and Janis Cavinder, At -large. 2. Appointed the following students to a one-year term on the Huntington Beach Youth Board for the July, 1997 to June, 1998 term: Laura Lim, Edison High School; Camellia Naar, At -large; Melissa Doyle, At -large; and Robert Pazornik, At -large. (CITY COUNCIL) CITY BUDGET APPROPRIATION FOR STREET TREE PLANTING - APPROVED (320.45) - Approved an appropriation of $6,000 to fund the purchase of replacement street trees when the costs of those trees are reimbursed by residents. (CITY COUNCIL) APPROVAL OF PAYMENT OF EXPENSE REIMBURSEMENT TO THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES FOR CITY'S SHARE OF LEAGUE EXPENSES IN ORANGE COUNTY BANKRUPTCY - APPROVED (3'0.10) - Approved the payment of $7,121 to the Orange County Division of the League of Ca,ifornia Cities for the city's share of League expenses related to the Orange County Bankruptcy. (CITY COUNCIL) RESOLUTION NO. 97-43 - ADOPTED - ADOPTION OF THE 1997-98 ANNUAL APPROPRIATION LIMIT OF PROCEEDS OF TAXES - FISCAL YEAR 1997-98 - (PURSUANT TO ARTICLE 13(B) CALIFORNIA CONSTITUTION) THE GANN INITIATIVE (320,20) - Adopted an appropriation limit of $287,393,564 for the fiscal year 1997-98 by adopting Resolution No. 97-43 - `A Resolution Of The City Council Of The City Of Huntington Beach Establishing The Appropriation Limit For Fiscal Year 1997-98." (CITY COUNCIL) ACCEPTANCE OF ASSEMBLY BILL AB 2020 - GRANT FROM STATE OF CALIFORNIA, DEPARTMENT OF CONSERVATION - CONSTRUCTION OF WASTE MANAGEMENT EDUCATIONAL DISPLAY - AMENDMENT TO BUDGET - APPROVED (340.lMj - Accepted the Grant for the construction of a waste management educational display from the California Department of Conservation and approved an Amendment to the current budget year by appropriating $24,000 for construction of the display. (Grant Agreement between City and State No. 5096-221 - term to expire September 30, 1998) (CITY COUNCIL) REQUEST FOR INSURANCE WAIVER OF 30-DAY NOTICE OF CANCELLATION AND REQUEST FOR PROFESSIONAL LIABILITY INSURANCE FOR TWO GOTHARD/HOOVER PROJECT CONSULTANTS - (KOBAYASHI AND ASSOCIATES) AND (SCHIERMEYER CONSULTANT SERVICES, SCS) - CC-782 APPROVED (600.95) - Waived the provision for the 30-day notice of cancellation in the event of nonpayment and the 103 07/07/97 - City Council/Redevelopment Agency Minutes - Page 11 professional liability insurance requirement for two consultant companies: Kobayashi and Associates and Schiermeyer Consultant Services, SCS, for the Gothard/Hoover Extension Project. (CITY COUNCIL) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY AND CENTRIC RESOURCES, INC. TO PROCURE HARDWARE AND PROVIDE SERVICES TO REPLACE FIRE DEPARTMENT FILE SERVER AND WAIVER OF CERTAIN INSURANCE REQUIREMENTS APPROVED (600.10) - Approved and authorized the Mayor and City Clerk to execute a Professional Services Contract between the City of Huntington Beach and Centric Resources, Inc, in the amount of $123,892 including waiver of the thirty -day notice requirement for cancellation of Worker's Compensation and waiving the separate additional insured endorsement for sixty days. (CITY COUNCIL) (DEFERRED FROM MARCH 17, 1997) RESOLUTION NO. 97-20 - ADOPTED - ADMINISTRATIVE INSURANCE WAIVER PROCESS - ESTABLISHES MINIMUM INSURANCE AND INDEMNITY REQUIREMENTS - ADOPTED RESOLUTION NO. 97-20 - APPROVED (100.10) -"A Resolution Of The City Council Of The City Of Huntington Beach Revising Resolution No. 6227 Establishing Minimum Insurance And Indemnity Requirements." Revising the minimum insurance and indemnity requirements and establishing an administrative waiver and modification process. (CITY COUNCIL) APPROVAL OF (COPSMORE) COMMUNITY ORIENTED POLICING SERVICE MAKING OFFICER REDEPLOYMENT EFFECTIVE - 1996 FEDERAL GRANT AWARD - APPROVED (340.70) - Accepted the Federal Grant Award of $203,994 for reimbursement of software and equipment and authorized expenditures. (CITY COUNCIL) RESOLUTION NO. 97-44 - ADOPTED - OFFICE OF CRIMINAL JUSTICE PLANNING GRANT PROPOSAL (SERIOUS HABITUAL OFFENDER PROGRAM) - JOINT PROPOSAL WITH WESTMINSTER AND SEAL BEACH - Adopted Resolution No. 97-44 (340.80) - "A Resolution Of The City Council Of The City Of Huntington Beach Approving Participation In The Office Of Criminal Justice Planning Serious Habitual Offender Program." (.Joint Grant Proposal with cities of Westminster and Seal Beach) (CITY COUNCIL) CITY COUNCIL APPROVED INTERGOVERNMENTAL RELATIONS COMMITTEE RECOMMENDED POSITIONS REGARDING STATE LEGISLATION (120.70) Supported AB 1223 (Strom -Martin) Park and Recreational Facilities: employees and volunteers criminal record requests: fees - Supported AB 1342 (Napolitano) - Amends laws relative to Redevelopment, including extension of indebtedness time limits without the findings required under current law; extension of time limit of redevelopment plan; expansion of list of noted exceptions as to time of agency debt repayment - Supported AB 1362 (Mazzoni) - would clarify that the December, 1995 California Supreme Court decision (Guardino decision) finding constitutional that Proposition 62, a statutory initiative that requires local general taxes be approved by local voters in general law cities and counties, does not apply to any local general taxes enacted prior to the effective date of Guardino (December 14, 1995) and directed staff to 104 Page 12 - Council/Agency Minutes - 07/07/97 draft Letters of Support for the Mayor's signature and send the letters to the Legislature and Governor. (CITY COUNCIL) COUNCILMEMBER TOM HARMAN'S AGENDA ITEM (DEFERRED FROM JUNE 2, 1997) ACQUISITION OF THE BOLSA CHICA MESA BY AN OUTSIDE THIRD PARTY- CONTINUED TO AUGUST 4, 1997 (440.60) - Continued action on the city's promotion of third party acquisition of the Bolsa Chica Mesa to August 4, 1997, or soon as possible thereafter, to authorize the Bolsa Chica Subcommittee to hold at least two more meetings to receive information from representatives of the Amigos de Bolsa Chica and the Bolsa Chica Land Trust to present information on their past acquisition efforts and to formulate a recommendation on a possible work program (with associated cost estimates) for city involvement in third party acquisition of the Bolsa Chica Mesa. (CITY COUNCIL) AMENDMENT TO T. S. MANAGEMENT CORPORATION LEASE WITH CITY FOR DUKE'S SURF CITY RESTAURANTIASSIGNMENT OF LEASE FROM T. S. MANAGEMENT CORP. TO PIER PLAZA GROUP L.L.G. - SUBLEASE AGREEMENT BETWEEN PIER PLAZA GROUP L.L.C. AND DUKES SURF CITY L.P. (DUKES RESTAURANT) -APPROVED (600.35) The City Council considered a communication from the Community Services Director and the Deputy City Administrator -Administrative Services Director regarding a proposed amendment to the Pier Plaza Lease Agreement between the city and T. S. Management Corporation in regard to percentage rent, assignment, and sublease. Community Services Director Hagan presented a staff report. Discussion was held regarding provisions of the lease. Mr. Saxten, lessee, responded to Councilmember Garofalo's questions regarding the number of kitchens planned. . A motion was made by Garofalo, second Green to approve the following actions: 1 _ Approve Amendment to the Pier Plaza Lease Agreement between the city and T. S. Management Corporation with regard to new minimum and percentage rents and authorize execution by the Mayor and City Clerk. 2_ Approve the Assignment of Lease from T. S. Management Corporation to Pier Plaza Group L.L.C. and authorize the Mayor and City Clerk to execute the Consent of Lessor. and 3. Approve the Sublease Agreement between Pier Plaza Group L. L. C. and Duke's Surf City, L.P. and authorize the Mayor and City Clerk to execute the Approval of Property Owner and Master Lessor. 105 07/07/97 - City Council/Redevelopment Agency Minutes - Page 13 Community Services Director Hagan, at the request of Councilmember Harman, spoke regarding the timing of receiving rent. The motion made by Garofalo, second Green carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Julien (CITY COUNCIL) REPORT ON ORANGE COUNTY DISTRICT ATTORNEYS $30 MILLION SETTLEMENT WITH MERRILL LYNCH, PIERCE, FENNER AND SMITH, INC. - RECEIVED AND FILED (600,25) City Administrator Uberuaga presented a report from City Attorney Hutton dated July 1, 1997 regarding the Orange County District Attorney $30 million settlement with Merrill Lynch. Also transmitted by the City Attorney were communications dated June 20, 1997 from Patrick Shea, Pillsbury, Madison and Sutro and from the City Manager of Irvine dated June 23, 1997 regarding settlement of potential civil action by the Orange County District Attorney against Merrill Lynch. City Administrator Uberuaga presented a staff report. Deputy City Attorney De La Loza presented a report regarding the monitoring of this issue by the City Attorney's Office. Discussion was held between the Council, Deputy City Attorney De La Loza, and City Administrator Uberuaga regarding the issues relating to the subject. A motion was made by Harman, second Garofalo to receive and file the report on settlement proceeds dated July 1, 1997 from the City Attorney. The motion carried unanimously with Councilmember Julien absent. (CITY COUNCIL) COUNCIL DEFERRED ADOPTION OF ORDINANCE NO. 3367 - COLLECTION PROCEDURE FOR UTILITY USERS TAX (640.10) The City Council considered Ordinance No. 3367 - "An Ordinance Of The City Of Huntington Beach Amending Chapter 3.36 Of The Huntington Beach Municipal Code Pertaining To The Collection Procedures For The Utility Users Tax." (Reduces Late Payment Penalty from 15% to 10%.) Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Communication from Robert Franz, Deputy City Administrator, dated July 3, 1997, regarding a request to continue the agenda item pertaining to Utility Tax Ordinance Changes to allow additional review time for utility company representatives 106 Page 14 - Council/Agency Minutes - 07/07/97 City Administrator Uberuaga informed Council that the utility companies would like to review the ordinance. Councilmember Garofalo requested that City Administrator Uberuaga forward copies to the Council of material regarding the major fine that is pending with the utility company in order to avert the occurrence which happened last year. By consensus of Council, Ordinance No. 3367 was deferred to a future meeting in order for the staff to meet with the utility companies. (CITY COUNCIL) ORDINANCE NO. 3364 - ADOPTED - AMENDS CODE TO ADD NEW CHAPTER -REGARDING STORMWATER AND URBAN RUNOFF MANAGEMENT (640.10) The City Council considered Ordinance No. 3364 which would amend the code to add a new chapter regarding storm water and urban runoff management. A motion was made by Green, second Garofalo to adopt Ordinance No. 3364 after a second reading by title by the City Clerk - "An Ordinance Of The City Council Of The City Of Huntington Beach Amending The Huntington Beach Municipal Code By Adding New Chapter 14.25 Entitled `Storm Water And Urban Runoff Management." The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Julien (CITY COUNCIL) INTRODUCTION OF ORDINANCE NO. 3368 - APPROVED - AMENDS CODE PERTAINING TO VEHICLES PARKED ON STREET FOR OVER 72 HOURS AND REMOVAL BY POLICE DEPARTMENT - (ALLOWS PARTICIPATION IN STATEWIDE VEHICLE ABATEMENT PROGRAM ADMINISTERED BY ORANGE COUNTY TRANSIT AUTHORITY -ABANDONED VEHICLES) (640.10) The City Council considered approval of introduction of Ordinance No. 3368 regarding amending the code pertaining to vehicles parked on the street for over 72 hours and removal by the Police Department. Ordinance No. 3368 would allow participation in statewide vehicle abatement programs administered by the Orange County Transit Authority. Police Chief Lowenberg presented a staff report. He reported on the reasons this code would benefit the city. A motion was made by Dettloff, second Harman to approve introduction of Ordinance No. 3368 after reading by title by the City Clerk - "An Ordinance Of The City Of Huntington Beach Amending Section 10.08.130 Of Chapter 10.08 Pertaining To Vehicles Parked On The Street For Over 72 Hours And Vehicle Removal By The Police Department." The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Julien 107 07/07197 - City Council/Redevelopment Agency Minutes - Page 15 (CITY COUNCIL) PRIORITIZATION OF CODE ENFORCEMENT RESOURCES - STAFF RECOMMENDATION APPROVED (100.10) The City Council considered a communication from Councilmember Garofalo regarding the drug busts performed by five law enforcement agencies which he and Councilmember Julien witnessed. Councilmember Garofalo spoke regarding the events which had transpired on the ride -along program which he and Councilmember Julien witnessed, He spoke regarding the fact that two of the homes in the drug operation were completely uninhabitable. A motion was made by Garofalo, second Green that the City Council direct the City Administrator to act on the following information: Our scarce Code Enforcement resources should be redirected toward those properties with the most serious health and safety violations in a proactive manner. Specifically, housing units needing immediate attention in areas of the city that are not part of the enhancement program. There are approximately 597 units in the city according to our most recent housing survey that warrant immediate attention. Councilmember Green stated concern regarding access to such units. Community Development Director Fallon reported on how access is allowed. Discussion was held between Council and Community Development Director Fallon regarding how the Code Enforcement personnel is allocated. She stated that there is more work than personnel available; that the most serious violations are made highest priority. City Administrator Uberuaga stated that he concurred with the concerns of Councilmember Garofalo; however, he would like Community Development Director Fallon to return with a report on what the Code Enforcement Officers do. The motion made by Garofalo, second Green was withdrawn. Councilmember Harman reminded Council that there is the Gang House Enforcement Program available. Community Development Director Falton stated, in response to Mayor Bauer, that between six and eight volunteers are currently being trained in the Community Development Department relative to code enforcement issues. The City Council concurred with City Administrator Uberuaga's recommendation to return with a report on this issue in 30 days_ (CITY COUNCIL) DISCUSSION HELD REGARDING DEVELOPMENT OF A POLICY FOR NOTIFYING CITY COUNCIL OF SERIOUS CRIMES (100.10) The City Council considered a transmittal from Mayor Bauer of a Draft Police Department Incidents Of Interests Council Notification Procedure dated May 5, 1997. 108 Page 16 - Council/Agency Minutes - 07/07/97 Discussion was held regarding the items presented by Mayor Bauer. Councilmember Garofalo stated that he would like to see City Administrator Uberuaga return with a little tighter version of this policy. Councilmember Sullivan suggested that each Councilmember contact the Police Chief with any recommendations and then the matter could be brought back to Council. Councilmember Harman commented that he liked the procedure used by Economic Development Director Biggs whereby he leaves telephone voicemail on the City Council's telephones regarding incidents of which he believes Council should be aware. It was determined that Mayor Bauer and City Administrator Uberuaga would develop a procedure regarding this issue. (CITY COUNCIL) DEVELOPMENT OF A POLICY TO GOVERN AN INTERN PROGRAM FOR THE MAYOR, THE MAYOR PRO TEM, AND THE CITY COUNCIL (100.10) Mayor Bauer requested that City Administrator Uberuaga develop some type of policy that would assist Mayor Bauer and Mayor Pro Tempore Dettloff regarding establishing an intern program. (CITY COUNCIL) DEVELOPMENT OF A LEGAL PROCEDURE FOR INSTITUTING A CLEANUP PROGRAM FOR DOWNTOWN SIDEWALKS, STREETS, AND ALLEYS (100.10) The City Council discussed Mayor Bauer's agenda item regarding the development of a legal procedure for instituting a cleanup program for downtown sidewalks, streets, and alleys. Mayor Bauer's agenda communication stated that it is anticipated that the program should be similar to the city's weed abatement programs; that the property owner would have the option to maintain cleanliness or have the city do it and charge the property owner. Mayor Bauer stated that he had discussed this issue with City Attorney Hutton's Office. He stated that Deputy City Attorney De La Loza reported that the City of Newport Beach had an ordnance in this regard. Deputy City Attorney De La Loza informed Council that the Newport Beach City Attorney's Office had sent the ordinance and he had been informed by the City of Newport Beach that it was working fine. Mayor Bauer stated that perhaps it could be scheduled for an agenda item. Mayor Pro Tem Dettloff stated that Daryl Smith, Superintendent of Park, Tree, and Landscape Division, had done a block -by -block study of the area. He stated that steam cleaning would be required. Mayor Pro Tem Dettloff stated the areas that were now on contractual arrangements. She spoke regarding the other areas on which agreements were being reached_ Mayor Pro Tem Dettloff informed Council that there were very few properties left which had not had a solution reached. Councilmember Garofalo stated that he agreed with Mayor Pro Tem Dettloff. However, he believed the areas that needed it should be enforced including the public bathrooms in the parking garage. 109 07/07/97 - City Council/Redevelopment Agency Minutes - Page 17 Discussion was held regarding last year's volunteer cleanup day which was participated in by members of the community at which the worst offenders had not been in attendance. Councilmember Garofalo stated that the areas needing it the most were not mentioned by Mayor Pro Tern Dettloff. Councilmember Harman informed Council that he believed more or bigger trash barrels are needed in the downtown area. ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to the regular meetings to be held on Monday, July 21, 1997 at 5:00 p.m_ in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: 4�� !�P� - City Clerk/Clerk City Cl and ex -of icio erk o e City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California OF Mayor/Chairman 110