HomeMy WebLinkAbout1997-08-04 (9)MINUTES
CITY COUNCIUREDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
5:00 PM - Room B-8
7:00 PM - Council Chamber
Huntington Beach, California
Monday, August 4, 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 tailed 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: Julien, Harman, Dettloff, Bauer, Sullivan, Green, (Garofalo arrived at 5:20 p-m.)
Absent: None
PUBLIC COMMENTS ON STUDY SESSION OR CLOSED SESSION ITEMS
There were no persons present to address Council regarding the study session or closed
session items scheduled on the agenda.
STUDY SESSION - FOURTH OF JULY AFTER ACTION REPORT (960,30)
Copies of a memorandum titled 1997 Fourth of July After Action Report dated July 26, 1997 to
Police Chief Lowenberg from J. W_ Arnold, Lieutenant, South Area Commander, Police
Department, was distributed to Council and City Clerk Brockway.
A presentation on this report was made by Police Chief Lowenberg, Lieutenant Arnold and
Captain Poe. He referred to several articles in the press commenting on the peaceful holiday
event in Huntington Beach. He showed a brief video clip of police presence in the city.
Police Chief Lowenberg responded to Councilmember Harman regarding plans for future
years.
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In response to Councilmember Julien, Police Chief Lowenberg stated that the ordinance was a
valuable tool and that, in his professional opinion, it should remain in effect next year.
Discussion was held regarding the Police Department's relationship with the press in regard to
the Fourth of July holiday. Police Chief Lowenberg commended Lieutenant Dan Johnson for
his work to develop a relationship with the press.
The City Council thanked Police Chief Lowenberg, Lieutenant J. W. Arnold and Captain Poe
for their presentation.
MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80)
A motion was made by Sullivan, second Garofalo to recess the City Council to closed
session to consider the following items. The motion carried by unanimous vote.
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 - Redevelopment Agency pursuant to Government Code Section 54956.9(c) to
confer with its attorney regarding pending litigation. (Based on existing facts and
circumstances, the legislative body of the local agency has decided to initiate or is deciding
whether to initiate litigation.) Number of Potential Cases 1. Subject: 3rd (Third) Block West
Soil Remediation. (400.50)
The following Closed Sessions will be attended by Peter Brown, Liebert, Cassidy and Frierson,
Special Counsel.
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 of Huntington Beach v. State Board of Control,
Board of Administration of the Public Employees Retirement System - Orange County Superior
Court Case No. 779952_ (120,80)
RECONVENE
Mayor Bauer reconvened the regular meetings of the City Council and Redevelopment
Agency in the Council Chamber.
FLAG CEREMONY AND PLEDGE OF ALLEGIANCE
The flag ceremony and Pledge of Allegiance were led by Councilmember Garofalo.
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CITY COUNCIL/REDEVELOPMENT 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:
Revised Page Nos. 15 and 16 of the Agenda from the City Clerk adding Agenda Item H-5C
from Mayor Bauer regarding Reconsideration of the Trash Fee Council Action taken on
July 21, 1997
A report dated July 26, 1997 from the Police Chief titled 1997 Fourth of July AfferAction
Report
Memorandum from Ray Silver, Assistant City Administrator, dated August 4, 1997, transmitting
a correction to the Recommended Action for Agenda Item C-1A, the Bolsa Chica
Subcommittee Report regarding Third Party Acquisition of the Bolsa Chica Mesa
Slide report from the Huntington Beach Fire Department dated August 4, 1997 titled Public
Hearing Emergency Medical Services Revision to Fee Schedule
Memorandum from Councilmember Dave Garofalo dated August 4, 1997 requesting a
presentation from the Public Works Department regarding the City Slurry Seal Program
Communication from Mayor Bauer requesting reconsideration of $0.06 trash fee relative to
Council Action taken on July 21, 1997
(CITY COUNCIL) POLICE CHIEF AND POLICE OFFICERS COMMENDED
Mayor Bauer commended Police Chief Lowenberg and his department for their fine work
during the city's Fourth of July Parade and celebration activities.
(CITY COUNCIL) REPORT OF ACTIONS TAKEN IN CLOSED SESSION (120.80)
City Attorney Hutton determined that the following actions taken by the City Council in
Closed Session required a reporting on those actions as required by law (Government
Code).
City Clerk Brockway announced a typographical error on the following item, stating that the
agenda reflected a date of May 19, 1997 and the date should be June 16, 1997.
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(CITY COUNCIL) REPORT OF ACTION TAKEN AT JUNE 16, 1997 CLOSED SESSION
REGARDING CITY OF HUNTINGTON BEACH V. KBL CABLESYSTEMS - ORANGE
COUNTY SUPERIOR COURT CASE NO. 76 22 29 (120.80) -
During the June 16, 1997 Closed Session, the City Council voted 6-0 (Harman absent) to
authorize an offer on this case which resulted in a settlement by which the city will be paid
$90,000. (Case involved a suit brought by the City of Huntington Beach against the cable
company, KBL Cablesystems, dba "Paragon," for flood damage to the city telephone switch
located in the Central Library. The switch was flooded while Paragon's contractor was
installing fiberoptic cable in the Library.)
(CITY COUNCIL) REPORT OF ACTION TAKEN AT JULY 21, 1997 CLOSED SESSION
REGARDING BLAND V. CITY OF HUNTINGTON BEACH - ORANGE COUNTY SUPERIOR
COURT CASE NO. 75 94 58 (120.80)
During the July 21, 1997 Closed Session, the City Council voted 7-0 to authorize a settlement
offer of up to $225,000. A settlement offer in that amount was accepted by Plaintiff on
July 22, 1997. (The above referenced lawsuit arose from a traffic accident resulting in surgery
to the plaintiff's neck.)
PRESENTATION - To Mayor Bauer and the City Council by Don MacAllister, presentation of
the new Surf Walk of Fame brochures and press kit for the 1997 Surf Walk of Fame
Induction Ceremony to be held on August 8, 1997 at 11:00 a.m. (160.40)
PUBLIC COMMENTS
DUANE DISHNO, representing the Huntington Beach City School District, brought Council up
to date on what is happening regarding the construction of a new K-5 school at Garfield
Avenue and Saddleback Lane and the financial problems involved. He stated that through
meetings the school district and developer are attempting to resolve their differences. Mr.
Dishno stated that the school district will keep Council informed.
DAVID LUDWIN, Director of Engineering, Orange County Sanitation District, presented a slide
report regarding an update on construction of the Slater Avenue Pump Station which serves
the northwest portion of Huntington Beach. He reviewed construction which has occurred. Mr.
Ludwin presented a slide report on the subject which covered issues including the problem of
water in excavation problems as well as a slide of the new facility. Councilmember Harman
stated that as a Council Alternate to the Orange County Sanitation Board he had invited Mr.
Ludwin to make this presentation.
DAVID TAMARIN thanked Councilmembers Julien and Garofalo for their suggestion for a
volunteer theme for the Fourth of July Parade. Mr. Tamarin explained the CERT (Citizens
Emergency Response Team) Program.
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CONNIE BOARDMAN spoke in favor of the item placed on the agenda by Councilmember
Harman regarding Third Party Acquisition of the Bolsa Chica Mesa. She stated that by
supporting the item the Council would be working toward preservation of the Bolsa Chica
ecosystem. Ms. Boardman spoke regarding the results of the recent Bolsa Chica Land Trust
court victory. She stated their appreciation to Council and to Councilmember Harman for
proposing the motion. She also extended her appreciation} to Mayor Bauer.
NANCY DONAVEN, representing the Bolsa Chica Land Trust, spoke in support of
Councilmember Harman's agenda item regarding Third Party Acquisition of the Balsa Chica
Mesa. She spoke regarding the Balsa Chica Mesa and its value to the wetlands as a buffer.
She stated that Governor Wilson has called for no net loss of wetlands and no net loss of the
quality of wetlands. She stated that this action fits in with that standard. She stated that the
mesa and the Fieldstone property will be important additions to the purchase of the lowlands
which occurred last February. She stated that tourism would be generated by preservation of
the Bolsa Chica Mesa.
TERRY DOLTON, representing the Amigos de Balsa Chica, spoke in support of the item
placed on the agenda by Councilmember Harman regarding Third Party Acquisition of the
Bolsa Chica Mesa. He presented information regarding present funding sources for the Bolsa
Chica Mesa. He stated that a third resolution could be considered to support purchases that
are not just those on the Bolsa Chica Mesa or the Fieldstone property such as other
opportunities on the Huntington Beach mesa which could become part of the Regional Park.
He stated there are some additional lowland properties of which the Amigos de Bolsa Chica
would appreciate the city stating its basic support for acquisition.
JOE TUSKO addressed Council in opposition to the proposed nude entertainment business to
be located on Beach Boulevard. He stated that he takes care of maintenance of similar
property in Stanton where businesses had been driven out due to this type of business. He
stated that he had many signatures on a petition and intended to fight this all he can.
MARY YELOVICH addressed Council and stated that she was again presenting her opposition
to the Annual Renewal Permit Fee for Burglar Alarms. She thanked Mayor Bauer and City
Administrator Uberuaga for their responses; however, she stated the answers she received
were related to false alarms, not to renewal. City Administrator Uberuaga stated that a
memorandum had been prepared and explained the purpose of the renewal fee. Police Chief
Lowenberg reported further on the matter.
Councilmember Garofalo suggested that 15 minutes of a study session be scheduled to review
this issue including the feasibility of charging alarm companies more for their permits in order
not to pass the cost on to the consumers. Police Chief Lowenberg, in response to Mayor
Bauer's question regarding nonpayment of false alarms fee or renewal fee, stated that the
Police Department did not want to get in the position of nonresponse; however, there is a
provision in the city code allowing this.
K. PAUL ARMS spoke in support of the agenda item submitted by Councilmember Harman
regarding Third Party Acquisition of the Bolsa Chica Mesa. He displayed tour books published
that mention the Bolsa Chica. He stated that tourists already come to visit the city for the
purpose of viewing the Bolsa Chica and without effort made to draw them. Mr. Arms stated
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that Costa Mesa is looking for avenues to attract tourism and we have an avenue already
available in the city.
NANCY HARRIS spoke in support of the agenda item submitted by Councilmember Harman
regarding Third Party Acquisition of the Bolsa Chica Mesa. She spoke regarding the benefits
which would be derived by the city.
LEONARD CRANE requested that those persons harboring children and providing drugs be
arrested for delinquency to minors, He stated the need to look at this problem. Mr, Crane
spoke in support of providing a park, playing fields and adequate parking for parents to be
there; also the need for bathrooms at the facilities.
(CITY COUNCIL) BOLSA CHICA SUBCOMMITTEE REPORT AND RECOMMENDATION
RELATIVE TO COUNCILMEMBER HARMAN'S JUNE 2, 1997 AGENDA ITEM REGARDING
THIRD PARTY ACQUISITION OF THE BOLSA CHICA MESA - RECOMMENDED MOTION
APPROVED (440.60)
The City Council considered a communication from Assistant City Administrator Silver and
Planning Director Zelefsky regarding the agenda item submitted by Councilmember Harman
on June 16, 1997 recommending that the city facilitate or promote acquisition of the Bolsa
Chica Mesa by an outside third party for preservation as public open space. The Council
referred this item to the Bolsa Chica Subcommittee for recommendation.
Assistant City Administrator Silver reported on the following late communication which had
been announced earlier in the meeting by City Clerk Brockway: Memorandum from Ray Silver,
Assistant City Administrator, dated August 4, 1997 transmitting a correction to the
recommended action for this Agenda Item.
Councilmember Sullivan reported on the recommended action of the Bolsa Chica
Subcommittee.
Councilmember Green stated that in addition to a letter being sent from the City Council to the
appropriate elected officials indicating the cities' support for the acquisition of the mesa, all
members of the Bolsa Chica Task Force and state and federal agencies which meet on this
issue should receive the letter,
Councilmember Harman informed Council that he believes this is a " parallel path" the city
can follow.
Mayor Pro Tern Dettloff spoke regarding the inquiries that have been made on a state and
federal level and also reported on the factor of working with other groups.
A motion was made by Garofalo, second Green to:
1. Direct the Mayor and the City Administrator to facilitate and promote the acquisition of the
"Balsa Chica Mesa" property.
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It is the intention of the City Council that this action be taken simultaneously with attempts by
the city to negotiate mitigation measures and "deal points" with Koll Real Estate Group
concerning the proposed development of the property; and
In addition the Bolsa Chica Subcommittee recommends that:
A. A letter be sent from the City Council to appropriate elected local, state and federal
officials indicating the city's support for acquisition of the Bolsa Chica Mesa; and
B. The Subcommittee continue its communications with the appropriate agencies and
parties to keep informed of opportunities for promoting acquisition of the Bolsa Chica
Mesa; and
C. A letter be sent from the Mayor to Don Koll and other owners of property on the Bolsa
Chica Mesa requesting a meeting with the Mayor Pro Tern and City Administrator to
discuss potential acquisition; and
2. Send a letter to the State Lands Commission and Lieutenant Governor expressing city
support for State acquisition of the Fieldstone property within the Bolsa Chica lowland.
The motion carried by unanimous vote.
Councilmember Sullivan clarified for the benefit of the audience that it had been decided to
delete the words ° to immediately take whatever actions are necessary" as the subject would
be coming back to Council.
(CITY COUNCIL) STATUS REPORT BY COUNCILMEMBER GREEN REGARDING SANTA
ANA RIVER FLOOD PROTECTION AGENCY (SARFPA) (550.50)
The City Council considered a communication from Donald J. Martinson, Executive Director,
Santa Ana River Flood Protection Agency (SARFPA), dated June 17, 1997 transmitting an
updated roster of SARFPA Commissioners, Questions and Answers about SARFPA, and an
Executive Status Report dated June, 1997 regarding the Orange County Flood Control District
Santa Ana River Mainstem Project.
Councilmember Green presented a report. He addressed the purpose of the agency. He
spoke regarding the possibility of flooding from the expected El Nino. Councilmember Green
stated that the city's public education program should be intensified particularly for those in the
lowlands areas of the city. City Administrator Uberuaga and Fire Chief Dolder reported on the
issue. Fire Chief Dolder reported on the disaster exercise planned for September 23, 1997 as
well as other programs in existence.
Discussion was held regarding sandbagging ahead of time versus planning drainage around
homes to prevent damage.
Mayor Bauer spoke regarding his recent meeting with residents of Lark Lane. He cited areas
that can be addressed and the need to be more proactive. Mayor Bauer spoke regarding the
need to address the issues of adequate pumping stations. Councilmember Green presented
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the addresses of the web sites available for information on El Nino. Councilmember Harman
stated that the tract behind Saint Bonaventure Church perhaps could have sandbags placed at
intersections to keep water from getting in.
(CITY COUNCIL) COUNCILMEMBER SULLIVAN'S COMMENTS REGARDING FOURTH OF
JULY AFTER ACTION REPORT BY POLICE DEPARTMENT
Councilmember Sullivan stated that the study session held earlier in the meeting regarding the
Police Department's Fourth of July After Action Report had been extremely informative.
Councilmember Sullivan read a letter from a citizen which he believes sums up the support of
the citizens for the Police Department. Councilmember Sullivan stated that he completely
associates himself with the comments in this citizen's letter.
(CITY COUNCIL) CLYDESDALE HORSES VISIT THE CITY - REPORT BY
COUNCILMEMBER GAROFALO
Councilmember Garofalo informed the Council and audience that the Clydesdale horses will
arrive in Huntington Beach for a two week layover. He stated the Clydesdale horses will be
housed on Main Street for the public's appreciation.
(CITY COUNCIL) ANNOUNCEMENT OF PASSING OF MRS. CHUCK BARBOUR (120.70)
Councilmember Garofalo, with regret, announced the passing of Mrs. Chuck Barbour. He
stated that Mr. and Mrs. Barbour have contributed greatly to volunteer work to our community.
(CITY COUNCIL) STATUS OF THE TWO YEAR BUDGET - (1997/98 AND 1998/99 FISCAL
YEARS) - INFORMATION REQUESTED BY COUNCIL (310.20)
City Administrator Uberuaga presented a report on the two year proposed budget. He referred
to the document and presented an update on the city's finances. City Administrator Uberuaga
presented a schedule of public hearings on the city budget.
Councilmember Garofalo stated the need for the infrastructure issue to be in focus.
John Roulette, Senior Budget Analyst; Jim Lewis, Senior Budget Analyst; Dan Villella, Finance
Director; and Shari Donoho, Administrative Assistant were commended for their valuable work
on the city budget.
Further discussion was held regarding the financial issues to be covered. Councilmember
Harman stated that he would like a review of where the gas tax funds go; also a report on
youth sports fields.
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(CITY COUNCIL) CITY TREASURER JUNE, 1997 INVESTMENT SUMMARY REVIEW (310.20)
The City Council considered a communication from City Treasurer Freidenrich transmitting the
Monthly Investment Report for June, 1997.
City Treasurer Freidenrich requested City Clerk Brockway to correct the dates on her report to
Council to reflect June, 1997 rather than March, 1997.
City Treasurer Freidenrich presented a slide report. She reported on the issue of cash flow
and bank reconciliation which was part of the management letter prepared by the auditor.
Councilmember Harman stated that at the Orange County Sanitation District meeting he had
observed that a professional investment company is hired. He questioned City Treasurer
Freldenrich as to whether she had considered this type of approach. City Treasurer
Freidenrich stated that one of the issues is to get " the house in order' in the city and spoke
regarding this matter. In response to Councilmember Harman, City Treasurer Freidenrich
stated that she believes it will be near the end of the year when this is done. She stated that
there will be a cost to the professional investment company approach and it must be
considered as to whether the benefits would outweigh the cost.
Councilmember Garofalo requested that portions of the report be clarified to provide more
comparisons. He requested that alternatives be presented to Council from time to time. He
requested that Mastercard payment be available. City Treasurer Freidenrich stated that
Mastercard is accepted by the city. She stated some of the disadvantages as well as
advantages of Mastercard acceptance.
Mayor Bauer stressed the element of risk of allowing outside investment companies to invest
city funds. He also spoke regarding the investment constraints imposed by law or a city for
protection of its assets.
A motion was made by Garofalo, second Dettloff to accept the Monthly Investment Report for
June, 1997 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.
The motion carried unanimously.
(CITY COUNCIL) PUBLIC HEARING - (CONTINUED OPEN FROM JULY 21, 1997) - ZONING
TEXT AMENDMENT NO. 95-6 - SIGN CODE REWRITE - INTRODUCTION OF ORDINANCE
NO. 3360 - APPROVED AS AMENDED (420.35)
The Mayor announced that this was the meeting set for a public hearing to consider the
following:
Public hearing to consider approving a comprehensive Sign Code Amendment to Chapter 233,
Signs, of the Huntington Beach Zoning and Subdivision Ordinance Code.
Applicant: City of Huntington Beach Location. Citywide
Environmental Status: The above item is categorically exempt from the provisions of the
California Environmental Quality Act.
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Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Wayne Carvalho, Assistant Planner, presented a staff report.
Planning Director Zelefsky reported on the proposed ordinance as to how it would affect
political signs.
In response to Mayor Pro Tern Dettloff, Planning Director Zelefsky and Assistant Planner
Carvalho reported on the Planning Commission's deliberations and recommendations on the
sign code as it pertains to aestethics. Planning Director Zelefsky, in response to Mayor Pro
Tem Dettloff, stated that segments of certain streets could be under different standards;
however, there would be some impracticalities in this approach. In response to
Councilmember Garofalo, Assistant Planner Carvalho stated that real estate signs in
landscape areas are currently exempt from the sign code.
Councilmember Julien stated that she was very much in favor of the bonus signs.
Deputy City Attorney De La Loza reported at the request of Council regarding the ordinance as
it pertains to political signs on private property and public property.
Planning Director Zelefsky reported on the minority report of the Planning Commission relative
to the maximum height of free standing signs. In response to Mayor Pro Tem Dettloff,
Planning Director Zelefsky reported on how the ordinance would affect areas of the city such
as Edinger and Goldenwest which run into a residential area. He stated that the residents
could be affected.
Wayne Carvalho, Assistant Planner, stated that there is a setback requirement which affects
signs abutting residential property.
Mayor Bauer declared the public hearing open.
RICHARD HARLOW, member of the City Sign Committee and representative of the Huntington
Beach Chamber of Commerce, spoke regarding the committee's work. He stated that it had
been a diverse committee that had many field trips. He gave the example of the Barr Lumber
Company sign which is very difficult to see from Beach Boulevard. He gave reasons why a
larger sign for shopping centers is recommended with more thought to be given to design. The
need for an address on signs was noted by the committee. Mr. Harlow stated that the
Newland Center signage was used as a model. He stated that he believes the greatest
problem occurs when a new business with a nonconforming sign has to change to conform to
the new code.
Mr. Harlow responded to Mayor Pro Tern Dettloff's questions regarding the issue of clutter to
which she had referred_ He stated that it was important that if seven suites are built, a sign be
required with seven panels_
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In response to Mayor Pro Tern Dettloff, Wayne Carvalho, Assistant Planner, stated that any
change to the nonconforming sign would require it to conform. Discussion was held regarding
the Planning Commission votes. Councilmember Sullivan announced that there was a minority
report prepared by Planning Commission Chairman Kerins.
There being no one to speak further on the matter and there being no protests filed, either oral
or written, the hearing was closed by Mayor Bauer.
At the request of Councilmember Harman, Mr_
nonconforming sign provision of the new code
be changed.
Carvalho, Assistant Planner, reviewed the
He clarified when a nonconforming sign must
in response Mayor Pro Tem Dettloff, Councilmember Sullivan as Council Liaison to the Sign
Committee reported on the bonus signs and other aspects of the committee's deliberations
including segmenting the areas.
A straw motion was made by Garofalo, second Green to approve the proposed sign height and
area criteria for the two categories of arterials. (Planning Commission and Staff
recommendation).
The straw motion carried by unanimous straw vote.
A straw motion was made by Garofalo, second Sullivan that Ordinance No. 3360 be amended
to retain time restrictions for political signs with modified language specifying that the signs
should not be erected more than 45 days prior to an election nor remain more than 15 days
after the election. The motion carried by the following straw vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo
NOES: Green
ABSENT: None
A straw motion was made by Harman, second Julien to amend Ordinance No. 3360 to allow
political signs within the public rights -of -way at locations specified by the City Council.
The motion carried by the following straw vote:
AYES: Julien, Harman, Bauer, Sullivan, Garofalo
NOES: Dettloff, Green
ABSENT: None
A motion was made by Garofalo, second Sullivan that Council approve Zoning Text
Amendment No. 95-6 with Findings for Approval as listed in Attachment No. 1 to the Request
for Council Action dated August 4, 1997 and after the City Clerk reads by title, approve
introduction of Ordinance No. 3360, Attachment No. 2 to the Request for Council Action dated
August 4, 1997 which includes the proposed sign height and area criteria - "An Ordinance of
the City of Huntington Beach Amending the Zoning and Subdivision Ordinance by Amending
Chapter 233 Thereof Relating to Signs."
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The motion made by Garofalo, second Sullivan carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) PUBLIC HEARING - RESOLUTION NO. 97-54 - ADOPTED - REVISIONS
TO THE CITY'S FIREMED EMERGENCY MEDICAL SERVICES FEE SCHEDULE (340.20)
The Mayor announced that this was the meeting set for a public hearing to consider the
following:
Public hearing for the purpose of considering revisions to the city's FireMed Emergency
Medical Services user fee schedule. All proposed revisions are cost recovery in nature.
It is proposed that a new rate schedule be adopted which will require higher fees to be paid by
persons or their respective insurance companies that use the city's Emergency Medical
Services System. It is estimated that approximately $175,000 of additional revenue would be
generated in Fiscal Year 1997/98 as a result of the revised rate schedule.
The type of fees under consideration for revision include Advanced Life Support, Basic Life
Support, emergency ambulance transportation, specific medications, and related paramedic
supply charges. The Huntington Beach Fire Department is proposing a revised user fee
schedule that recovers the increased cost of these items or services.
A complete report detailing proposed revisions to the FireMed Emergency Medical Services
fee schedule is available For review by the public in the City Clerk's Office. Interested persons
may also contact the Fire Department to receive additional information.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted_
Earlier in the meeting, City Clerk Brockway had announced that the following communication
on this item had been provided to the City Council: Slide report from the Huntington Beach
Fire Department dated August 4, 1997 titled Public Hearing Emergency Medical Services
Revision to Fee Schedule.
Fire Chief Dolder reported using a slide report.
Discussion was held regarding billing procedures.
Mayor Bauer declared the public hearing open.
There being no one present to speak on the matter and there being protests fled, the public
hearing was closed.
08/04/97 - City Council/Redevelopment Agency Minutes - Page 13
Considerable discussion was held between Councilmember Sullivan and Fire Chief Dolder
regarding city service to those in Sunset Beach. Fire Chief Dolder reported on the automatic
aid agreement. Councilmember Sullivan stated that he would vote for this item; however, he
believes the city should not provide free service to Sunset Beach. Fire Chief Dolder stated
that when looking at individual areas of service there might be inequities; however, when the
total bottom line of how the city delivers fire protection services is considered, these are
greater savings than losses. Mayor Bauer stated that he did not believe there was this
reciprocity in this instance.
Mayor Pro Tern Dettloff stated that she believes this issue needs to be addressed;
however, not at this time.
A motion was made by Dettloff, second Green to approve the following recommended actions:
1. Adopt Resolution No. 97-54 to revise Emergency Medical Services user fees charged by
the FireMed Program - "A Resolution of the City of Huntington Beach Setting Advanced Life
Support, Basic Life Support, Emergency Ambulance Transportation, Medications and
Specialized Supply Fees to be Charged by the Fire Department of the City of Huntington
Beach."
and
2. Authorize the Fire Chief to transfer $190.00 for each ambulance use from the FireMed
Enterprise Fund to the General Fund Ambulance Program to reimburse the General Fund for
Ambulance Services.
City Administrator Uberuaga addressed Council regarding his belief that Sunset Beach should
not be a part of the city. He stated that police services are also used by Sunset Beach as the
Police Department can get there before the County Sheriff. In response to Councilmember
Garofalo, Fire Chief Dolder stated that there cannot be a charge to the County.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
City Administrator Uberuaga reported that the overall issue of annexation should be reviewed
by the Legislature.
CONSENT CALENDAR - ITEMS REMOVED
The following items were requested by Councilmembers to be removed from the Consent
Calendar for separate consideration:
(Continued from July 21, 1997) Award of Contract - Pavement Coatings Company - for
Renewal of Contract for Slurry Sealing of Residential Streets - MSC-388
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Consideration of Intergovernmental Relations Committee Recommended Positions regarding
Various Assembly Bills and Senate Bills - State Legislation - AB-1033 (Frusetta) - AB-207
(Frusetta) - AB-701 (Caldera) - AB-836 (Sweeney) - AB-1055 (Villaraigosa) - SB-854
(O'Connell)
Tract No. 14662 - Substitution of Bonds and Subdivision Agreement - Greystone Homes, Inc.
(Former Developer: Seacliff Partners) - West Side of Huntington Street - North of Main Street
Resolution No. 97-57 - Sale of City -Owned Property - Four Lots at Atlanta Avenue/Nashville
Avenues - 602 and 620 Yorktown Avenue and 2501 England Street
Bolsa Chica Letter of Understanding - Deletion of City Clerk's Attestation Signature
Councilmember Julien requested City Clerk Brockway to record her abstention from voting on
the June 23, 1997 minutes because she was absent from that meeting.
CONSENT CALENDAR - ITEMS APPROVED
On motion by Dettloff, second Green, Council approved the following Consent Calendar
items as recommended by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
ABSTENTIONS: (Julien abstained on minutes)
(CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - APPROVED AND ADOPTED
(120.65) - Approved and adopted minutes of the City Council/Redevelopment Agency regular
meeting of July 7, 1997 as written and on file in the Office of the City Clerk.
Councilmember Julien requested City Clerk Brockway to record her abstention from voting on
the July 7, 1997 minutes because she was absent from that meeting.
(CITY COUNCIL) AMENDMENT NO. 1 TO LEGAL SERVICES AGREEMENT BETWEEN CITY
AND SNELL AND WILMER FOR ORANGE. COUNTY V. MERRILL LYNCH - ORANGE
rtr . C
COUNTY BANKRUPTCY - APPROVED ( ) - Approved Amendment No. 1 to the
Agreement for Legal Services between the City of Huntington Beach and Snell and Wilmer
and authorized its execution by the Mayor and City Clerk, and appropriated $10,000 from the
Unappropriated General Fund. (Orange County Bankruptcy). (Original Agreement approved
pursuant to Huntington Beach Municipal Code Chapter 3.03.)
ISO
08/04/97 - City Council/Redevelopment Agency Minutes - Page 15
(CITY COUNCIL) MOBILE HOME ADVISORY BOARD REAPPOINTMENTS - COLE - KATO -
NOVARRO - SOBEK - APPROVED (110.20) - Approved the reappointments of Sandra Cole,
Steven Kato, Steve Novarro, and Thomas Sobek to the Mobile Home Advisory Board (MHAB)
for a term of four (4) years as permanent members of the Mobile Home Advisory Board whose
terms expire on August 5, 2001 as recommended by Council Liaison Members Green and
Sullivan.
(CITY COUNCIL) APPROVE AUTHORIZATION TO AWARD BID FOR YORKTOWN AVENUE,
CC-910 - VERTICAL REALIGNMENT - GMC ENTERPRISES - APPROVED (600.50) -
1. Approved the low responsive/responsible bid submitted by GMC Enterprises for the
Yorktown Avenue Vertical Realignment, CC-910; 2, authorized the Mayor and City Clerk to
execute the construction contract in the amount of $248,371.95; and 3. authorized the Public
Works Director to expend a total of $280,000.00 including the contract amount of $248,371.95,
estimated construction contingency of $24,837.00, and supplemental expenditures of
$6,791.05.
(CITY COUNCIL) TRACT NO. 14320 - PACIFIC COAST HOMES - WEST OF 17TH STREET -
SOUTH OF ADAMS AVENUE - GUARANTEE AND WARRANTY BOND RELEASE -
APPROVED (420.60)- 1. Released Guarantee and Warranty Bond No. 8687-W; the security
furnished for guarantee and warranty improvements; and 2. instructed the City Clerk to notify
the developer, Pacific Coast Homes, of this action and the City Treasurer to notify the bonding
company of this action.
(CITY COUNCIL) RESOLUTION NO. 97-53 - ADOPTED - ADOPTING CAPITAL
IMPROVEMENT PROGRAMS FOR THE YEARS 1997/98 THROUGH 2O0312004 FOR
COMPLIANCE WITH MEASURE M REQUIREMENT (320.40) - Adopted Resolution
No. 97-53 - "A Resolution of the City Council of the City of Huntington Beach Adopting Capital
Improvement Programs for the Years 1997/1998 Through 200312004 for Compliance with
Measure M." (HooverlGothard Streets Extension, McFadden Avenue to Bolsa Avenue);
(Beach Boulevard widening southeast corner at Edinger Avenue); (Garfield Avenue Widening,
Delaware Street to Safe Harbor Lane); (Ward Street Widening, south of Garfield Avenue); and
(Heil Avenue Widening, Beach Boulevard to Delaware Street, Phase It and Phase III.)
(CITY COUNCIL) RESOLUTION NO. 97-55 - ADOPTED - 1997 WEED ABATEMENT COSTS
(520.80) - Adopted Resolution No. 97-55 - "A Resolution of the City Council of the City of
Huntington Beach Confirming Reports of Cost for Weed Abatement on Lots Within the City-
1997 Season" and directed that all charges listed thereon be certified to the county 1997-98
tax roll.
(CITY COUNCIL) RESOLUTION NO. 97-56 - ADOPTED - 1997-98 TAX RATE - ($.04930 PER
$100 ASSESSED VALUATION) (340.90) - Adopted Resolution No. 97-56 - "A Resolution of
the City Council of the City of Huntington Beach Fixing the Fiscal Year 1997198 Tax Rate."
($.04930 per $100 assessed valuation,)
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(CITY COUNCIL) APPROVAL OF CONTRACT DOCUMENTS - PLANS AND
SPECIFICATIONS AND ADVERTISEMENT FOR BIDS - REPAIR OF CASTLE DRIVE,
CATALINA CIRCLE AND TRIDENT LANE - MSC-389 - APPROVED (600.80) - Approved
Plans and Specifications and authorized the Public Works Director to solicit construction bids
for the repair/replacement of applicable public improvements along Castle Drive, Catalina
Circle and Trident Drive and approved the sample construction contract subject to award of
contract to lowest responsible bidder.
(CITY COUNCIL) (CONTINUED FROM JULY 21, 1997) AWARD OF CONTRACT -
PAVEMENT COATINGS COMPANY - FOR RENEWAL OF CONTRACT FOR SLURRY
SEALING OF RESIDENTIAL STREETS - MSC-388 - APPROVED (600.50)
The City Council considered approval of a City Funded Construction Contract between the City
of Huntington Beach and Pavement Coatings Company for the Application of Emulsion
Aggregate on Slurry Seal Including the Application of Weed Control Herbicide, Removal and
Replacement of Asphalt Patching and Skim Patching on Various City Streets.
The City Council considered a communication from Public Works Director Jones
recommending an Award of Contract to Pavement Coatings Company for the slurry sealing of
residential streets in the city.
Earlier in the meeting, City Clerk Brockway had announced that the following communication
on this item had been provided to the City Council: Memorandum from Councilmember Dave
Garofalo dated August 4, 1997 requesting a presentation from the Public Works Department
regarding the city Slurry Seal program
Councilmember Garofalo referred to his memorandum dated August 4, 1997 requesting a
presentation from the Public Works Department regarding the city Slurry Seal Program. He
stated that there will be a public report at a Council meeting regarding the Slurry Resurfacing
and Repavement Program.
Councilmember Harman stated that a response has been received from Public Works Director
Jones and he would support Councilmember Garofalo's proposal so that the public can be
aware of the workings of the program.
A motion was made by Garofalo, second Harman to approve execution by the Mayor and City
Clerk of a City Funded Construction Contract between the City of Huntington Beach and
Pavement Coatings Company for the Application of Emulsion Aggregate on Slurry Seal
including the Application of Weed Control Herbicide, Removal and Replacement of Asphalt
Patching and Skim Patching on Various City Streets for a second year, MSC-388, and
authorized a project budget of $275,859 to cover contract costs of $239,859, a change order
budget of $24,000, and incidental expenditures not to exceed $12,000. The motion carried by
the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
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(CITY COUNCIL) CONSIDERATION OF INTERGOVERNMENTAL RELATIONS COMMITTEE
RECOMMENDED POSITIONS REGARDING VARIOUS ASSEMBLY BILLS AND SENATE
BILLS - STATE LEGISLATION - AB-1033 (FRUSETTA) - AB-207 (FRUSETTA) - AB-701
(CALDERA) - AB-836 (SWEENEY) - AB-1055 (VILLARAIGOSA) - SB-854 (O'CONNELL)
('120.70)
The City Council considered a communication from City Administrator Uberuaga transmitting
the Intergovernmental Relations Committee recommended positions regarding various
Assembly Bills and Senate Bills for Council consideration,
The recommended positions were as follows:
Supported AB-1033 (Frusetta) - Personal Income Tax: Extends sunset date for voluntary
deductions via a check -off box on State Income Tax Returns. Supported AB-207 (Frusetta) -
This bill provides that no attorney may disclose or permit to be disclosed the address or
telephone number of a victim or witness to anyone except the attorney's employees or persons
appointed by the court to assist the defendant's case. Supported AB-701 (Caldera) - Allows
disclosure by the Franchise Tax Board to the city of name, address and type of businesses
operating within a city's jurisdiction to allow cities to compare with its records to minimize the
amount of businesses not in compliance with local business license ordinance and thereby
being subsidized by those businesses in compliance. Supported AB-836 (Sweeney) -
Transaction and Use Taxes - Administrative cost recovery - Support requested by Orange
County Transit Authority. This bill will cap the administrative fees assessed by the Board of
Equalization (BOE) to administer the collection of "add -on sales tax" to a percentage of the
amount administered. Supported AB-1055 (Villaraigosa) - Establishes a safe playground
facilities and recycled materials grant program. It will provide a 50% matching grant for the
repair, refurbishment, installation and replacement of public playground facilities and promote
the use of new equipment made of recycled materials. Supported SB-854 (O'Connell) -
Transit Districts Property Tax Allocations (Urgency) - Would provide that single -county transit
districts be excluded from the Educational Revenue Augmentation Fund (ERAF) contribution.
When the ERAF was instituted by the State of California, multi -county transit districts were
exempted. OCTA and three other single -county transit districts are seeking the same relief
provided their peer agencies.
Councilmember Garofalo gave reasons why he did not believe issues of gun control should be
before the City Council_
Mayor Pro Tem Dettloff stated that she believed such bills as that of the Orange County
Transportation Authority should have a position of the City Council stated. Councilmember
Garofalo stated that he believes each Councilmember should respond individually as he does
not sit on the Intergovernmental Relations Committee.
Councilmember Harman stated that he would vote "No" on Assembly Bill 207 and presented
reasons for his position.
A motion was made by Sullivan, second Dettloff to approve the above stated positions
submitted by the Intergovernmental Relations Committee. The motion carried by the following
roll call vote:
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AYES: Julien, Dettloff, Bauer, Sullivan, Green,
NOES: Harman voted No on AB - 207
ABSENT: None
ABSTENTIONS: Garofalo
(CITY COUNCIL) TRACT NO. 14662 - SUBSTITUTION OF BONDS AND SUBDIVISION
AGREEMENT - GREYSTONE HOMES, INC. (FORMER DEVELOPER: SEACLIFF
PARTNERS) - WEST SIDE OF HUNTINGTON STREET - NORTH OF MAIN STREET -
APPROVED (420.60)
The City Council considered a communication submitted by Public Works Director Jones
recommending substitution of Bonds and Subdivision Agreement on Tract No. 14662.
Councilmember Sullivan stated that he believes buyers should read the Development
Agreement on these tracts very carefully as he believes it is Council's intent not to approve
entitlements if the infrastructure responsibilities are not complete. He stated these remarks
pertain to the agenda item relative to Substitution of Bonds (Americana Home Assurance
Company) and Subdivision Agreements Shea Vickers Residential (purchased from PLC Land
Company) - Tract Nos. 15082, 15083, 15084 & 15086 - (Holly Seacliff Specific Plan)
City Administrator Uberuaga responded to Mayor Bauer that staff has advised developers to
read the Development Agreement.
A motion was made by Sullivan, second Harman to: 1. Release Seacliff Partners Subdivision
Agreement and Bond Nos. 11141536091, 11141536083, the securities furnished for Faithful
Performance, Labor and Material and Monuments respectively; 2. accept Greystone Homes,
Inc. Subdivision Agreement and Bond Nos. 11127333216, 11127333224 (American Insurance
Company), the securities furnished for Faithful Performance, Labor and Material, and
Monuments Bonds respectively, and approve and authorize the Mayor and City Clerk to
execute the Subdivision Agreement and file the bonds with the City Treasurer; and 3. instruct
the City Clerk to notify the developer, Seacliff Partners, of this action and the City Treasurer to
notify the bonding company of this action. The motion carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
The aforementioned motion by Sullivan, second Harman also included approval of the
following Consent Calendar Item:
(CITY COUNCIL) SUBSTITUTION OF BONDS (AMERICAN HOME ASSURANCE COMPANY)
AND SUBDIVISION AGREEMENTS SHEA VICKERS RESIDENTIAL (PURCHASED FROM
PLC LAND COMPANY) - TRACT NOS. 15082, 15083, 15084 & 15086 - (HOLLY SEACLIFF
SPECIFIC PLAN) - APPROVED (420.60) -1. Released PLC Land Company's Subdivision
Agreement and Bond Nos. 3SM88742200/3SM88742100 (Tract No. 15082), the securities
furnished for Faithful Performance, Labor and Material, and Monuments respectively,
2. released PLC Land Company's Subdivision Agreement and Bond
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08/04/97 - City Council/Redevelopment Agency Minutes - Page 19
Nos. 3SM88742000/3SM88741900 (Tract No. 15083), the securities furnished for Faithful
Performance, Labor and Material, and Monuments respectively, 3. released PLC Land
Company's Subdivision Agreement and Bond Nos. 3SM88741800/3SM88741700 (Tract
No. 15084), the securities furnished for Faithful Performance, Labor and Material, and
Monuments respectively, 4. released PLC Land Company's Subdivision Agreement and
Bond Nos. 3SM88741600, 3SM88750400 (Tract No. 15086), the securities furnished for
Faithful Performance, Labor and Material, and Monuments respectively, 5. accepted
Shea Vickers Residential, LLC Subdivision Agreement and Bond Nos. 17-99-18/17-99-19
(Tract No. 15082), the securities furnished for Faithful Performance, Labor and Material, and
Monuments respectively, approved and authorized execution of the Subdivision Agreement by
the Mayor and City Clerk, and filed the Bonds with the City Treasurer; 6. accepted Shea
Vickers Residential, LLC Subdivision Agreement and Bond Nos. 17-99-20/18-20-91 (Tract
No. 15083), the securities furnished for Faithful Performance, Labor and Material, and
Monuments respectively, approved and authorized execution of the Subdivision Agreement by
the Mayor and City Clerk, and filed the Bonds with the City Treasurer; 7. accepted Shea
Vickers Residential, LLC Subdivision Agreement and Bond Nos. 18-20-92, 18-20-93 (Tract
No. 15084), the securities furnished for Faithful Performance, Labor and Material, and
Monuments respectively, approved and authorized execution of the Subdivision Agreement by
the Mayor and City Clerk, and filed the Bonds with the City Treasurer; 8. accepted Shea
Vickers Residential, LLC Subdivision Agreement and Bond Nos. 18-20-94, 18-20-95 (Tract
No. 15086), the securities furnished for Faithful Performance, Labor and Material, and
Monuments respectively, and authorized execution by the Mayor and City Clerk, and filed the
Bonds with the City Treasurer; and 9. instructed the City Clerk to notify the previous
developer, PLC Land Company, of this action and the City Treasurer to notify the bonding
company of this action. (Also see Councilmember Sullivan's comments on Page 18 relating to
this item.)
(CITY COUNCIL) RESOLUTION NO. 97-57 - ADOPTED - SALE OF CITY -OWNED
PROPERTY - FOUR LOTS AT ATLANTA AVENUEINASHVILLE AVENUES - 602 AND 620
YORKTOWN AVENUE AND 2501 ENGLAND STREET (650.70)
The City Council considered a communication from the Deputy City Administrator -
Administrative Services Director submitting Resolution No. 97-57, Sale of City Owned
Property, for Council's consideration.
Councilmember Harman asked for the reason it has taken one year to bring this property for
sale. Deputy City Administrator Franz reported on the matter.
A motion was made by Harman, second Green to adopt Resolution No. 97-57 - "A Resolution
of the City Council of the City of Huntington Beach Declaring that the Public Interest and
Necessity Requires the Disposition of Certain Surplus Property." Declaring the following
properties surplus and ordering their sale in accordance with Section 3.06.010 of the
Huntington Beach Municipal Code. Location: Four (4) lots at Atlanta/Nashville Avenues, 602
and 620 Yorktown Avenue and 2501 England Street. The motion carried by the following roll
call vote:
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AYES: Harman, Dettloff, Bauer, Sullivan, Green,
NOES: None
ABSENT: (Garofalo, Julien absent from the room)
(CITY COUNCIL) BOLSA CHICA LETTER OF UNDERSTANDING - DELETION OF CITY
CLERK'S ATTESTATION SIGNATURE - APPROVED AS AMENDED (440.50)
The City Council considered a communication from the City Clerk requesting Council approval
to delete the City Clerk's attestation signature line and her signature which in error she affixed
to the Bolsa Chica Development Letter of Understanding signed by Michael Dolder, Fire Chief,
Huntington Beach Fire Department, Ken MacLeod, Acting Director of Fire Services, Orange
County Fire Authority and Ed Mountford, Vice President, Koll Real Estate Company, which on
July 21, 1997 the City Council authorized only the Fire Chief to sign.
Councilmember Sullivan informed the City Council of the reasons why this item heightened his
concerns relative to the Bolsa Chica Development Letter of Understanding that at the
July 21, 1997 Council meeting the Fire Chief was authorized to sign. He stated his concerns,
including the fact that the Koll Company is bankrupt and that the city does not know with whom
it is dealing until that situation is resolved; also that the Letter of Understanding is a lot more
binding than it appears and could cause legal problems to the city. Councilmember Sullivan
requested that Deputy City Attorney De La Loza comment on this matter.
Deputy City Attorney De La Loza reported that a Letter of Transmittal had been prepared
today and circulated to the City Councilmembers which specifically requests that the Koll
Company demonstrate that even though it is in reorganization in bankruptcy that it
demonstrate that it has the authority to execute the Letter of Understanding. He stated that to
the extent the Koll Company is able to do so and it is not a problem with respect to the
bankruptcy court itself, it appears that that issue may be resolved. He stated that he believes
it will depend upon what is produced by the Koll Company to overcome the bankruptcy issue.
Deputy City Attorney De La Loza reported on the doctrine of estoppel in response to
Councilmember Sullivan's question regarding possible legal ramifications of the Letter of
Understanding. He explained the reasons why Deputy City Attorney Field had prepared the
August 4, 1997 letter referred to during this meeting which states to the Orange County Fire
Authority (OCFA) and the Koll Company to not rely on the Letter of Understanding. He
informed Council that the transmittal letter is meant to overcome the stop issue.
Mayor Pro Tem Dettloff presented her understanding of the Letter of Understanding. She
requested a resolution of this matter and requested clarification by Deputy City Attorney De La
Loza. Deputy City Attorney De La Loza informed Mayor Pro Tem Dettloff that the Letter of
Understanding is not a contract and that has always been the opinion of the City Attorney's
Office; however, in certain circumstances, a judge can still hold that the City of Huntington
Beach has to stick with the deal even though it is not a contract. He further clarified the intent
of the transmittal letter dated August 4, 1997 prepared by Deputy City Attorney Field which
advises not to rely on that section of the Letter of Understanding which sets forth that "from
this understanding, the Orange County Fire Authority will prepare and enter into an
Implementation Agreement with Koll as required by County of Orange conditions of approval
for this project." In response to Mayor Pro Tern Dettloff, Deputy City Attorney De La Loza
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reported on the purpose of the transmittal letter, including that it reiterates that the bankruptcy
court is still an issue and to insure the Koll Company returns to the city showing that it has
authority from a bankruptcy court to sign the Letter of Understanding.
A motion was made by Green, second Garofalo to approve the City Clerk's request for Council
approval to delete the City Clerk's attestation signature line and her signature which in error
she affixed to the Bolsa Chica Development Letter of Understanding signed by Michael Dolder,
Fire Chief, Huntington Beach Fire Department, Ken MacLeod, Acting Director of Fire Services,
Orange County Fire Authority and Ed Mountford, Vice President, Koll Real Estate Company,
which on July 21, 1997 the City Council authorized only the Fire Chief to sign.
Councilmember Sullivan presented reasons why he believed that in order for the Letter of
Transmittal to be effective it should be voted on by the City Council and signed by the Mayor
rather than signed by the City Administrator.
In response to Mayor Pro Tem Dettloff, Deputy City Attorney De La Loza referred to the
memorandum to the City Council from Scott Field, Acting City Attorney, dated August 4, 1997,
Subject: Bolsa Chica Letter of Understanding Regarding Fire Services, and clarified reasons
for the city's need to make it clear that the estoppel doctrine is not going to apply to the Letter
of Understanding.
Mayor Pro Tem Dettloff stated she intends to meet with Deputy City Attorney Field, Deputy City
Attorney De La Loza, the City Administrator and the Fire Chief regarding unanswered
questions in order to present to the public a legal and clear understanding as to what the
Council has done.
Deputy City Attorney De La Loza stated three issues that are clear: that Koll Company signed
the Letter of Understanding; Koll Company is in bankruptcy; the city has no assurance that Koll
Company has the authority from the bankruptcy court to sign the Letter of Understanding.
Councilmember Harman stated that he had the same concerns as expressed by the Acting
City Attorney. He stated his desire to see this matter resolved and recommended that this
matter be reconsidered.
The City Clerk referred the City Council to her communication and clarified the reason for her
request to correct the error she had made in attesting to the Letter of Understanding, including
the fact that the City Attorney had not prepared the Letter of Understanding and she can attest
only to signatures on documents prepared by the City Attorney. She spoke regarding the need
for the item of the transmittal letter to be announced pursuant to the Brown Act; also that the
Letter of Transmittal will not be part of her official files unless Council direction is given rather
than only being sent out by individual staff members_
The motion made by Green, second Garofalo carried unanimously.
Councilmember Sullivan stated that the City Council had taken official action on the Letter of
Understanding at the last Council meeting and spoke regarding what he believes is the need
for Council action on this Letter of Transmittal so that it has effect and force and to direct the
Mayor and not the City Administrator to sign it so that it has some force.
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A motion was made by Sullivan, second Harman to direct the Mayor to sign the Letter of
Transmittal so that it has some effect and force.
Discussion was held between the Council and Deputy City Attorney De La Loza regarding the
procedure to reconsider the action just voted upon which directed the City Clerk to remove the
City Clerk's attestation line and signature from the Letter of Understanding. Deputy City
Attorney De La Loza responded to Council that the signature of the Mayor would carry greater
weight than the City Administrator's signature. He explained that to the extent that this entire
City Council which previously approved the Letter of Understanding now states that it wishes
something else, that Council wants to go with the Letter of Understanding which will carry
greater weight and be under the equal dignities rule a sufficient basis upon which to put Koll
Company on notice that this is the will of the City Council.
A motion was made by Green that the Mayor draft a letter to the Koll Company and the Fire
Authority to accompany the Bolsa Chica Letter of Understanding stating the position of the City
Council and that the substance of the letter has to do with the fact that they should not rely on
this document as set forth in the letter written by Scott Field, Deputy City Attorney, dated
August 4, 1997 and that the letter also evokes a comment from the Koll Company as to
whether they are authorized to sign the Leiter of Understanding as it may come back from the
bankruptcy court that they are not authorized to sign the Letter of Understanding.
In response to Mayor Bauer, Councilmember Sullivan stated that the letter of August 4, 1997
which is attached to the memorandum from Scott Field, Acting City Attorney, dated
August 4, 1997 did reflect what he intended and that he would like to have the words added to
Councilmember Green's words that "it is the position of the City Council" and then have the
Mayor sign it.
The Mayor questioned Deputy City Attorney De La Loza as to whether the procedure rules had
been followed. Deputy City Attorney De La Loza confirmed the Council has done so; however,
that a motion is necessary to reconsider the action taken authorizing the City Clerk to remove
the City Clerk's attestation signature line and her signature which in error she affixed to the
Bolsa Chica Development Letter of Understanding signed by Michael Dolder, Fire Chief,
Huntington Beach Fire Department, Ken MacLeod, Acting Director of Fire Services, Orange
County Fire Authority and Ed Mountford, Vice President, Koll Real Estate Company, which on
July 21, 1997 the City Council authorized only the Fire Chief to sign.
Councilmember Green withdrew his motion for the moment in order to allow a motion for
reconsideration of as recommended by Deputy City Attorney De La Loza.
A motion was made by Sullivan, second Dettloff to reconsider the City Clerk's request for
Council approval to delete the City Clerk's attestation signature line and her signature which in
error she affixed to the Bolsa Chica Development Letter of Understanding signed by Michael
Dolder, Fire Chief, Huntington Beach Fire Department, Ken MacLeod, Acting Director of Fire
Services, Orange County Fire Authority and Ed Mountford, Vice President, Koll Real Estate
Company, which on July 21, 1997 the City Council authorized only the Fire Chief to sign. The
motion carried unanimously.
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Councilmember Garofalo stated his concern that the Letter of Transmittal which Council is now
authorizing does not materially interfere with the negotiations between the Fire
Chief and the Orange County Fire Authority and does not take any leaves that are not
reflective in the original letter.
The City Administrator, in response to Councilmember Garofalo, stated that he and the Fire
Chief obviously do not know that, that they will be meeting with the Orange County Fire
Authority and really the agreement is to between the Orange County Fire Authority and the
city. The letter to the Koll Company is a letter to the Koll Company so he does not think it
would have a material effect upon negotiations with the Orange County Fire Authority but they
have not talked to them.
Councilmember Green confirmed to Councilmember Sullivan that his motion included the
words "it is the intent of the City Council." In response to the Mayor, Councilmember Green
stated that his motion included authorizing the City Clerk to remove her attestation to the Letter
of Understanding.
The City Clerk requested that the motion be repeated and asked who the maker of the second
was. She was informed that Sullivan was the second. Councilmember Green repeated his
motion stating that the Mayor be authorized to write a letter to the Koll Company with a copy to
the Orange County Fire Authority stating it quite clearly that this Letter of Understanding is
indeed not a binding document and that the City Council would like assurances that the Koll
Company is able to enter into an agreement with regard to fire services and that the City
Clerk's attestation signature be removed from the Letter of Understanding. The motion carried
by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) (CONTINUED FROM JULY 21, 1997) APPROPRIATION FOR WORKER'S
COMPENSATION CLAIMS ADMINISTRATION, DATA PROCESSING SYSTEM, AND
RELATED COMPUTER TECHNOLOGIES - APPROVED (320.45)
The City Council considered a communication from the Deputy City Administrator -
Administrative Services Director dated July 21,1997 regarding Appropriation for Worker's
Compensation Claims Administration, Data Processing System, and related Computer
Technologies for the purchase of three computer workstations.
Included is memorandum from the Fire Chief dated July 29, 1997 entitled Agenda Item F-1
(Additional Clarification and Related Computer Technologies)
Included is memorandum from Councilmember Tom Harman dated July 28, 1997 entitled Need
to Prioritize Capital Expenditures
In response to Councilmember Harman, City Administrator Uberuaga reported on the issue.
Councilmember Harman stated his concerns regarding the procedure whereby this is before
Council and the financial outlay involved.
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A motion was made by Garofalo, second Green to appropriate $122,809 from the General
Fund Unappropriated Fund Balance for the Worker's Compensation Claims Administration
System, Data Communications Processing System, and the purchase of three computer
workstations. The motion carried by the following roll call vote:
AYES: Julien, Dettloff, Sullivan, Green, Garofalo
NOES: Bauer, Harman
ABSENT: None
(CITY COUNCIL) A MOTION TO ADJOURN FOLLOWING ACTION ON CERTAIN CITY
COUNCIL AGENDA ITEMS
A motion was made by Garofalo, second Green to adjourn following consideration of only the
necessary items on the agenda due to the lateness of the hour. The motion carried by the
following roll call vote:
AYES: Julien, Dettloff, Sullivan, Green, Garofalo
NOES: Bauer, Harman
ABSENT: None
(CITY COUNCIL) DONATION OF COLLECTION OF ART TO THE CITY - SEACLIFF MALL -
BY SHEA COMPANY - APPROVED (120.25)
The City Council considered a communication from Mayor Pro Tem Dettloff to the City
Administrator dated July 24, 1997 regarding the Seacliff Mall which will be demolished as part
of the Shea Company project starting in early 1998 and which has a significant collection of
outdoor art that has local environmental, educational, and artistic value. The Shea Company
has offered the collection as a donation to the city for the cost of removal. Pursuant to a
meeting with Councilmembers Green, Harman and staff to determine the best direction to take
regarding the possible removal, restoration, and reuse of the artwork, and in order for the city
to take the appropriate action, the following recommendations are made:
1. Direct staff to seek proposals from professional conservators to determine the cost for a
survey, condition report and estimates for the conservation and relocation of the collection.
2. Approve the appointment of an Ad Hoc Committee to oversee the project.
and
3. Request the committee bring back a recommended action to Council.
Mayor Pro Tern Dettloff spoke regarding her proposal and the various issues involved. She
stated already some input has been given by persons in the city involved in art which has been
very helpful.
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A motion was made by Dettloff, second Green to direct staff to return to Council in September,
1997 with a specific proposal to perform the above described scope of work. The motion also
includes a process for identifying potential city -owned sites and community organizations that
may be interested in portions of the collection. The motion carried unanimously.
(CITY COUNCIL) REQUEST FOR A NEW ADULT BUSINESS ORDINANCE -
RECOMMENDED ACTION APPROVED (120.90)
The City Council considered a communication from Mayor Bauer dated July 29, 1997
requesting a review of the standards and current restrictions of the city's Adult Business
Ordinance. It is recognized that any new ordinance limiting locations for adult businesses
cannot be retroactive_ However, it is desirable for a family -oriented city like Huntington Beach
to review its standards and current restrictions_
A motion was made by Bauer, second Garofalo that staff return to Council with a new
ordinance which takes into account the variety of activities pursued by families and children
including schools, churches, health care organizations, and other appropriate venues in
determining allowable distances. The new ordinance must, of course, be reviewed for
constitutionality. The motion carried unanimously.
(CITY COUNCIL) COMMUNICATION FROM MAYOR BAUER REQUESTING COUNCIL
RECONSIDERATION OF RESOLUTION NO. 97-49 WHICH FAILED TO BE ADOPTED ON
DULY 21, 1997 - REGARDING TRASH FEE - RECONSIDERATION APPROVED (600.45)
The City Council considered a communication from Mayor Bauer requesting that Council
reconsider the fate of the $0.06 Trash Fee relative to Council action taken on July 21, 1997
whereby Resolution No. 97-49 - Reduction Of Existing Residential Refuse Service Rates
Rainbow Disposal Refuse Collection Franchise Agreement - had failed to be adopted by the
City Council. The City Council had adopted Exhibit A, effective July 1, 1997, as the new
Exhibit A to the Refuse Collection Franchise Agreement (Commercial service).
Earlier in the meeting, City Cleric Brockway had announced that the following communication
on this item had been provided to the City Council: Communication from Mayor Bauer
requesting Reconsideration of $0.06 Trash Fee Relative to Council Action taken on July 21,
1997
A motion was made by Bauer, second Garofalo to reconsider the motion taken on this item on
July 21, 1997 whereby Resolution No. 97-49 was not adopted and Exhibit A thereto was
approved. The motion carried unanimously.
A motion was made by Bauer, second Green to:
1. Adopt Resolution No. 97-49 - `A Resolution of the City Council of the City of Huntington
Beach Establishing Residential Curbside Refuse Collection Rates." (Reduces the existing
residential refuse service fee to $16.49 (from $16.55) per month per unit -service for the time
period of July 1, 1997, to June 30, 1998.)
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and
2. Adopt the attached Exhibit A, effective July 1, 1997, as the new Exhibit A to the Refuse
Collection Franchise Agreement.
A motion was made by Harman, second Sullivan that the motion made by Bauer, second
Garofalo be amended to require a $.0.52 refund.
Deputy City Administrator Franz responded to Councilmember Garofalo that the fund was at a
deficit.
Considerable discussion was held on the matter. The motion to amend made by Harman,
second Sullivan failed by the following roll call vote:
AYES: Harman, Sullivan
NOES: Julien, Dettloff, Bauer, Green, Garofalo
ABSENT: None
The motion made by Bauer, second Garofalo to adopt Resolution No. 97-49 and adopt Exhibit
A carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) AGENDA ITEMS DEFERRED TO A FUTURE DATE
Due to the lateness of the hour, the following agenda items were deferred to a later date:
(Continued from July 21, 1997) Report regarding Compliance with Proposition 218 Rules -
Relative to all City Taxes, Assessments, Fees, and Charges - Review and Documentation of
Appropriate General Fund Charges to the Water Fund (310,20)
Appointment of City Councilmember Sullivan to Council Subcommittee on Affordable Housing
(120.25)
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08/04197 - City Council/Redevelopment Agency Minutes - Page 27
ADJOURNMENT - CITY COUNCILIREDEVELOPMENT AGENCY
Mayor Bauer adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach at 12:05 a.m. to the adjourned meetings to be held on
Wednesday, August 6, 1997 at 7:30 a.m., Pacific-B Room, Waterfront Hilton, Huntington
Beach, California.
ATTEST:
City ClerkiClerk
City Clerk and ex -off icio Clerk o e City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
A#�
Mayor/Chairman
163