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HomeMy WebLinkAbout1997-08-18MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Monday, August 18, 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 5:08 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Dettloff, Bauer, Sullivan, Green, Garofalo (Harman arrived at 5:12 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 - REVIEW OF CODE ENFORCEMENT PROGRAM AND PRIORITIES (420.20) The City Council considered a communication from the Community Development Department transmitting a report dated August 18, 1997 titled Department of Community Development Code Enforcement Section - City Council Study Session. Assistant City Administrator Silver presented a review of the code enforcement program and priorities. He announced the late communication dated August 18, 1997 from Community Development Director Fallon titled City Council Study Session - August 18, 1997 - Code Enforcement Programs. Also distributed during the meeting was one copy of Draft - City of Huntington Beach Volunteer Code Enforcement Program, Policy and Procedure Manual. 170 Page 2 - CouncillAgency Minutes - 08/18/97 Mike Strange, Senior Planner, reported on the late communication distributed by the Assistant City Administrator. The communication covered items including the work performed by the six code enforcement officers and an intern including assignments to general code enforcement; enhancement area assignments; business license work and the abandoned vehicle program. The report included the revenue generated per year from the abandoned vehicle program, fines and restitution, parking citations, citation and permit fees. Topics also included in the report were citizens complaints; major areas of enforcement; code enforcement priorities, citywide housing survey; volunteer code enforcement program; enforcement powers; task forces and committees and code enforcement procedures. Senior Planner Strange responded to Councilmember Garofalo's request relative to what other cities are doing. He asked if the city had considered a program such as the City of Anaheim relative to programs for subsidence problems. Dan Bruening, Housing Rehabilitation Manager, spoke regarding the subject of Huntington Beach being a special area designated by HUD Housing and Urban Development because of the city's high housing cost. He stated that the city can be very proud of turning the South Shore area around through the Rehabilitation Program and code enforcement. Economic Development Director Biggs responded to Councilmember Garofalo's inquiry regarding the City of Anaheim regarding assessment districts to help members of the community whose residences have subsidence problems. Councilmember Green requested information regarding the correlation between drug house areas of the city. Police Chief Lowenberg reported on the meth lab houses stating that there does not seem to be a correlation between the kind of property and the meth lab; however, properties involved are usually rentals. He stated that Huntington Beach is not experiencing a meth lab increase as are other cities. Police Chief Lowenberg spoke further regarding the matter stating that if the popularity of the drug increases the manufacturer will move from more rural areas to the urban areas. Councilmember Julien inquired as to the criteria used to evaluate between good and poor homes. Senior Planner Strange spoke regarding the procedure by which houses can be inspected stating reasons why inspection is very rarely done. Senior Planner Strange reported on the plans to establish a volunteer code enforcement program. He distributed a proposed volunteer training manual titled City of Huntington Beach Volunteer Code Enforcement Program, Policy and Procedure Manual. Discussion was held regarding the procedure used by the city to gain compliance including granting time extensions if the property owner is attempting to correct the problem and contacting a property owner prior to issuing a citation. Senior Planner Strange reported on Councilmember Green's question regarding the signs placed by businesses offering their services and garage sale signs nailed to property. Deterioration of shopping centers was reported on by Mr. Strange at the request of Councilmember Harman. 171 08118197 - City Council/Redevelopment Agency Minutes - Page 3 Code enforcement in Huntington Harbour was discussed including the ordinance requiring putting pills in the heads of watercraft to stop illegal flushing of heads into the harbor. City Attorney Hutton reported on this issue. Councilmember Green stated that he believed the city's live -aboard ordinance should be reviewed and compared to other cities. Mayor Bauer suggested that the Public Works Department be added as one of the members on the Task Forces and Committees portion of the document which had been distributed to the City Council. Mayor Bauer stated that he believes that the staff senses that Council supports a high level of aggressiveness on code enforcement efforts. MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80) A motion was made by Sullivan, second Bauer 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 - 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 Tierrasanta, Inc. v. City of Huntington Beach - Orange County Superior Court Case No. 77 59 93. Subject: Tierrasanta, Inc. v. City of Huntington Beach. (120.80) The closed sessions regarding Tocher vs. City of Huntington Beach and Rados vs. City of Huntington Beach were removed at the request of City Administrator Uberuaga. RECONVENE The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber, CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: None 172 Page 4 - Council/Agency Minutes - 08/18/97 FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by Mayor Pro Tern Dettloff. LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following fate communications regarding agenda Items which had been received following distribution of the agenda: Outline of Study Session Presentation from the Community Development Department dated August 18,1997 regarding the Code Enforcement Program Communication from Dennis Davenport, National Rifle Association of America Executive Board Member, dated August 12,1997 in opposition to Senate Bill 800 (Polanco), the proposed ban on affordable firearms (CITY COUNCIL) VIDEO PRESENTATIONS BY MEMBERS OF THE PUBLIC DURING PUBLIC COMMENTS -POLICY (120.10) Mayor Bauer informed the Council that there had been a request from a member of the public to present a video of approximately five minutes in length during Public Comments. Mayor Bauer requested input from the Council regarding this request. Discussion was held by Council. Mayor Pro Tem Dettloff stated that other citizens' groups have done so. She stated that if the members of the public wishing to present the video are willing to donate the time of two speakers, she believes the nine -minute video should be allowed. City Administrator Uberuaga was requested to meet with staff regarding the feasibility of developing a procedure to follow on this issue. PUBLIC COMMENTS RONALD DAVIS stated that in the last year and a half since he has been a part of the process of city government, he has come to appreciate the great amount of time the City Councilmembers devote to city issues. He spoke in opposition to the ordinance on political signs as it pertains to political signs on public property. Mr. Davis requested that Council reconsider its action at the last Council meeting at which the sign ordinance received a first reading. HAROLD SCHECHTER thanked Council for approving the Bowen Court Senior Apartments. He asked Council to keep the seniors' needs in mind when Council considers the city budget. MIKE ERICKSON spoke in opposition to the proposed gas station and minimart at Pacific Coast Highway and Goldenwest Street due to traffic, safety, and crime issues. He spoke regarding the financial impact on the value of the residences. Mr. Erickson requested that this issue be returned to the committee which had been formed on this issue. 173 08/18/97 - City Council/Redevelopment Agency Minutes - Page 5 Mayor Bauer spoke regarding the procedure that must be followed in Council's consideration of the application which had been filed on this project. Mr. Erickson informed Council that what most concerned him is that there has not been a proper EPA study or traffic study. THOMAS LAMBERT spoke in opposition of Senate Bill 500 appearing on the agenda this evening. He stated reasons he opposed the recommendation that Council support this Senate bill including that it was against senior citizens and minorities. He distributed a communication from the Peace Officers' Research Association which opposes passage of Senate Bill 500. JOHN LYNCH distributed a communication from the Peace Officers' Research Association of California dated April 17, 1997 in opposition to Senate Bill 500. He displayed a video to the Council and audience which he believes demonstrates that the firearms mentioned in Senate Bill 500 are safe. WILLY RIDDELL addressed Council in opposition to Senate Bill 500 giving reasons including the fact that it would usurp local authority. He cited an example of where crime went up when such legislation was enacted. DALE HUDSON spoke in opposition to Senate Bill 500. He stated that he is retired and on a fixed income and cannot afford an expensive weapon. DENNIS DAVENPORT spoke in opposition to Senate Bill 500 citing reasons including that 87 percent of San Diego Police Officers do not believe such a ban should be supported. DAVE ECKERMANN stated that as Senate Bill 500 is state legislation, the city should not be involved. Mr. Eckermann stated that he believes this bill does nothing to prevent crime. He cited Washington D.C. where guns are banned and stated that Washington D.G. has a high crime rate. CHUCK MCKINLEY spoke in opposition to Senate Bill 500. He stated that by supporting this issue he believed Council was taking away his and his wife's rights_ SIEGFRIED PINCHUT addressed Council in opposition to Senate Bill 500. He stated that he had worked in areas of Los Angeles where the women who worked needed such guns for self-defense. ED WICK addressed Council regarding his concern relative to the planned removal of parking on Garfield Avenue between Holly Street and Clay Avenue and Crystal Street which detrimentally affects the apartments. He spoke regarding the code in effect at the time the apartments were built as well as the building permit microfilm which he had reviewed. Mr. Wick stated that he hoped this was an honest mistake by the city and was not done in favor with Seacliff Partners. He stated that numerous apartments and homes have such on -street parking under similar conditions. Councilmember Garofalo, with Mayor Bauer's permission, requested that a meeting be convened with the interested property owners. 174 Page 6 - Council/Agency Minutes - 08/18/97 HERB SEIGLER addressed Council in opposition to the proposed gas station and minimart at Goldenwest Street and Pacific Coast Highway. He stated that he believes the intersection at Pacific Coast Highway and Goldenwest Street is very unsafe; that there are accidents and near accidents there and it is a lesson in safety for his grandchildren; however, he understands the city has no jurisdiction. He stated he hoped Council would not let the downtown be referred to as "slumming beach" as he had once known people to refer to it. CHARLES MORROW stated that he was opposed to proposed gas station and minimart at Pacific Coast Highway and Goldenwest Street because of the sale of beer and wine and the problems that he believes will result even if the plan is to sell beer only in six packs and not singly. He stated that the only people he believes will buy beer and wine in this location are beachgoers and motorists; there is a law against drinking and driving; and there is an ordinance against drinking on the beaches. CHARLES WOLTER informed Council that he also attended the Thursday evening meeting put on by the developer and Planning Department staff which was held regarding the proposed gas station and minimart at Pacific Coast Highway and Goldenwest Street. He stated that he appreciates Council's assistance in setting up the meeting; however, unfortunately there were no new revelations. He believes there is still a great lack of mitigation for a number of concerns --traffic intrusion as pedestrian safety, alcohol sales. He stated the residents came away from the meeting more resolute than ever to fight the gas station. Councilmember Garofalo spoke regarding the matter and stated that the residents may wish to seek professional advice relative to the proposed project. BOB MALING stated that he had a deep concern regarding granting curb cuts which pose a pedestrian hazard particularly in the case of this busy intersection. He presented other reasons for his opposition to the proposed gas station and minimart including fire concerns as the gas station would be within 100 feet of a residential area; that he cannot think of any community in his travels which have allowed this. He spoke regarding the environmental issue of the drain from the project going to the beach. CALVIN JONES spoke in opposition to the proposed gas station and minimart and requested that their neighborhood not be cheapened by this project. PAT DOWNEY spoke regarding the shotgun which had gone off at Murdy Park and the concern it had generated from the women's softball team that he coaches. Mr. Downey stated that the lights should be turned off at Murdy Park. MICHELLE GILLETTE addressed Council and asked how an unbiased third party traffic study and an unbiased environmental analysis can be demanded for the proposed gas station and minimart to be located at Pacific Coast Highway and Goldenwest Street. She stated the property owners' intentions to take legal action in this matter. TIM WETZEL stated the city's liability if an accident occurs relative to the proposed gas station and minimart to be located at Pacific Coast Highway and Goldenwest Street. He stated that the developer has not talked about installing a three -stage clarifier for a washdown process relative to all the fuels and oils_ Mr_ Wetzel stated that the City of Newport Beach has an ordinance for 15 years prohibiting gas stations to have retail sales. 175 08/18/97 - City Council/Redevelopment Agency Minutes - Page 7 Mayor Bauer requested City Attorney Hutton report on the procedure that the Council must follow relative to this proposed project. MANNY ROTHSTEIN spoke in opposition to the item on the agenda relative to Senate Bill 500. He cited a study where crime has been reduced when citizens are encouraged to carry firearms. He informed Council that persons opposed to Senate Bill 500 include Assemblyman Scott Baugh and Senator Ross Johnson as well as the Peace Officers' Research Association of California. He informed Council that among those supporting Senate Bill 500 were the League of Cities and the California Police Chiefs' Association. Mr. Rothstein distributed a communication from the Firearms Education Institute titled Saturday Night Specials: Data and History. Attached to this communication were various other articles. JIM MARTIN addressed Council regarding the definition of temporary signs in the proposed sign ordinance to be considered later in the meeting by the City Council. He distributed copies of photographs which he had taken of temporary signs in the city which he believes are ugly and cause clutter. He stated that the City of Laguna Beach has two gas stations near apartments and houses and that he believes the city must start getting commercial on Pacific Coast Highway and not residential in that commercially zoned area. Scott Hess, Senior Planner, was requested by Mayor Bauer to clarify the rules for nonconforming signs. City Attorney Hutton reported on the issue of legal nonconforming signs, nonconforming signs and conforming signs. Discussion was held regarding the copies of photographs distributed by Mr. Martin. RALPLH GUERRE stated his opposition to Senate Bill 500, stating that eliminating Saturday Night Special type guns will not help anyone. Mr. Guerre stated that those who cannot afford expensive weapons will not be able to defend themselves. (CITY COUNCIL) RECOGNITION OF BOB BARKER, RETIRING REPORTER (120.70) Councilmember Garofalo requested that Council consider recognizing Mr. Bob Barker, a 25-year reporter in the City of Huntington Beach, on his retirement. (CITY COUNCIL) VISIT BY CLYDESDALE TEAM (960.30) Councilmember Garofalo thanked the Councilmembers and all who were involved for enabling the Clydesdale horses to stop over in our city. (CITY COUNCIL) STAFF REPORT ON INFILL LOTS/ ZONING/ RELATION TO AREA REQUESTED Councilmember Garofalo requested that the Planning Department present a map and material on all remaining infill lots and their zoning, but more importantly than zoning, he requested the report to contain the relation of the infill lots to the area. 176 Page 8 - Council/Agency Minutes - 08/18/97 (CITY COUNCIL) DOWNTOWN HARDSCAPE (SIDEWALKS CLEANING) (830.20) Mayor Pro Tem Dettloff referred to a memorandum she had written to Mayor Bauer and the City Councilmembers dated August 18, 1997, Subject: Downtown Hardscape Cleaning. Mayor Pro Tern Dettloff presented the Downtown Cleanup Committee's report. She presented options from the report and informed Council that a City Attorney opinion dated October 24, 1996 (RLS NO. 96-738) - Steam Cleaning and Sealing of Public Right of Ways was attached to her communication. (CITY COUNCIL) MAYOR BAUER'S REPORT REGARDING POLICE HELICOPTER (530.20) Mayor Bauer reported on his tour in the police helicopter that he recently had the opportunity to take. He spoke regarding the speedy response and coordination with ground units he had observed. He gave an example of the helicopter pilot observing a driver running a red light and informing a ground unit of the violation. (CITY COUNCIL) CITY BUDGET REVIEW SCHEDULE - REPORT BY CITY ADMINISTRATOR (320.20) City Administrator Uberuaga reported on the schedule for Council meetings and public hearings on the city budget. He spoke regarding some of the items which will be discussed such as department requests; curb, gutter and sidewalks; slurry sealing of streets; underground oil tank removal and remediation; and refuse collection services cost. CITY COUNCIL) PUBLIC HEARING - (HEARING CLOSED ON JULY 21, 1997 WITH DECISION CONTINUED TO THIS DATE) - APPEAL FILED BY GILDA KESHAVARZIAN TO PLANNING COMMISSION DENIAL OF A REVISED PLAN - CONDITIONAL USE PERMIT NO. 96-79 - VARIANCE NO. 96-27 - TWO STORY SPLIT LEVEL HOUSE - 18741 JOCKEY CIRCLE - SOUTHWEST OF ELLIS AVENUE AND SADDLEBACK LANE - DECISION CONTINUED TO SEPTEMBER 15, 1997 (420.40) The City Council considered a public hearing item on which the hearing had been closed on July 21, 1997 as follows: Applicant: Gilda Keshavarzian Property Owner/Appellant: Gilda Keshavarzian and Mahavesh Keyranazar Request: Appeal to Planning Commission's denial of a revised plan for an 8,587 square foot, two story, 35 foot high, single family dwelling with variances to permit an eight (8) foot setback in lieu of minimum 50 feet and to exceed the maximum two (2) foot cut and fill grading limitation. The proposed project requires a revision to the previously approved master site plan (Conditional Use Permit No. 89-6A) and will be on a lot with a grade differential of more than three (3) feet between the high point and the low point_ 177 08/18/97 - City Council/Redevelopment Agency Minutes - Page 9 Location: 18741 Jockey Circle - at the terminus of Jockey Circle, southwest of Ellis Avenue and Saddleback Lane Environmental Status: The proposed project is categorically exempt pursuant to Class 3, Section 15303 of the California Quality Act which states that construction of a single family dwelling will not Have an adverse impact on the environment and no further environmental analysis is required. Scott Hess, Senior Planner, at the request of City Administrator Uberuaga, reported on the status of the meeting with the Homeowners' Association's Architectural Review Board and the appellant. He stated that recommendations were made including reducing the bulk and height of the structure. A motion made by Sullivan, second Green to continue decision on the appeal filed to the Planning Commission denial of a revised plan - Conditional Use Permit No. 96-79 and Variance No. 96-27 - to the September 15, 1997 Council meeting. The motion carried unanimously. CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Bid Award - Warner Avenue Landscaping Project from Algonquin Street to Edwards Street - CC-1026 - C. J. Construction, Inc. Substitution of Tract Bonds (American Motorists Insurance Company) and Subdivision Agreements due to Purchase by Tumberry Huntington Beach, LLC of PLC Land Company Tract Nos. 15037, 15081 and 15085 - Holly-Seacliff Specific Plan Consideration of Intergovernmental Relations Committee Recommended Positions Regarding: Various Assembly and Senate Bills - Support AB-92 and SB-500 - Oppose AB-1070 and SB-1156 Bid Award - Appropriation from Water Reserve Fund Balance - Fiber Optics Cable from the Civic Center to the Water Operations Building - CC-1049 - BNB Engineering, Inc. Professional Services Contract between the Redevelopment Agency and Donahue and Company, Inc. for Appraisal Services - Montgomery Ward Building - Huntington Beach Mall - Authorization for Waiver of Errors and Omissions Insurance Requirements CONSENT CALENDAR - ITEMS APPROVED On motion by Harman, second Green, Council approved the following Consent Calendar items as recommended by the following roll call vote: 178 Page 10 - Council/Agency Minutes - 08/18/97 AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES -APPROVED (120.65) -Approved and adopted minutes of the City Council/Redevelopment Agency regular meeting of July 21, 1997 as written and on file in the Office of the City Clerk. (CITY COUNCIL) COMMUNITY SERVICES COMMISSION RE -APPOINTMENTS - JAY KREITZ - CARRIE THOMAS - APPROVED (110.20) - Approved re -appointments of Carrie Thomas and Jay Kreitz to the Community Services Commission for the term July 1, 1997 through June 30, 2001 per the recommendation of Commission Liaisons Garofalo and Sullivan. (CITY COUNCIL) AUTHORIZE APPROVAL OF AGREEMENT D97-036 WITH ORANGE COUNTY FLOOD CONTROL DISTRICT RELATIVE TO STORM DRAIN - EAST GARDEN GROVE WINTERSBURG FLOOD CONTROL CHANNEL - 1,350 FEET WEST OF GOLDENWEST STREET - APPROVED (600.25) - 1. Approved the attached Agreement No. D97-036 between the Orange County Flood Control District and the city; 2. Authorized the Mayor and City Clerk to execute Agreement No. D97-036; 3. Authorized staff to appropriate $50,000 from the unreserved, undesignated storm drain fund balance; and 4. Authorized the Public Works Director to expend moneys per the terms and conditions of Agreement No. D97- 036 for the removal of approximately 190 lineal feet of 48 inch reinforced concrete pipe (RCP) and construction of approximately 190 lineal feet of a 10.5 foot wide by 3 foot high single barrel reinforced concrete box (RCB) under the East Garden Grove Wintersburg Flood Control Channel 1,350 feet west of Goldenwest Street. CITY COUNCIL) BUS STOP ACCESSIBILITY PROJECT - PLANS AND SPECIFICATIONS - SOLICITATION OF BIDS - APPROVAL OF SAMPLE CONSTRUCTION CONTRACT - CC-1053 - APPROVED (600.70) - 1. Approved the Plans and Specifications for the Bus Stop Accessibility Project, CC-1053; authorized the Public Works Director to solicit bids for construction pending recommendation by the Public Works Commission; and 2. Approved the attached Sample Construction Contract, subject to award of contract to the lowest responsive/responsible bidder. (CITY COUNCIL) PROPERTY ACQUISITION FOR GOLDENWEST STREET RIGHT-OF-WAY WIDENING - AP NO. 110-210-02 - BARTON KUBELKA/HARBOR BANKIJOHN SNYDER - APPROVAL OF ESCROW INSTRUCTIONS - ACCEPTANCE OF DEED - WEST OF GOLDENWEST STREET - SOUTH OF ELLiS AVENUE - APPROVED (650.80) - 1. Approved the Acquisition of AP No. 110-210-02, property located west of Goldenwest Street, south of Ellis Avenue; 2. Authorized approval of the Escrow Instructions and accepted the attached Easement Deed for the parcel described herein and authorized acceptance by the City Clerk with recording to follow through indicated escrow company. 179 08/18/97 - City CouncillRedevelopment Agency Minutes - Page 11 (CITY COUNCIL) 1996197 ANNUAL REPORT - HUNTINGTON BEACH AUTO DEALER BUSINESS IMPROVEMENT DISTRICT AND RESOLUTION OF INTENTION NO. 97-58 TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 1997/98 - PUBLIC HEARING SCHEDULED FOR SEPTEMBER 15, 1997 - APPROVED (460.30) - 1. Approved the Huntington Beach Auto Dealers Business Improvement District Annual Report for fiscal year 1996/97; 2. Adopted City Council Resolution No. 97-58 - "A Resolution of the City Council of the City of Huntington Beach Declaring its intention to Levy an Annual Assessment for Fiscal Year 1997-98 to Fund Improvements Within the Huntington Beach Auto Dealers Business Improvement District"- and 3. Directed the City Clerk to schedule a public hearing to be held on September 15, 1997 and send copies of the Resolution, Business Improvement District Boundary Map (BID), and assessment formula to each business to be assessed. (CITY COUNCIL) CONTRACT AWARD TO UTILITY SERVICES ASSOCIATES FOR LEAK DETECTION SURVEY - WATER MASTER PLAN IMPLEMENTATION PROJECT AND APPROVAL OF CONSULTANT PROFESSIONAL LIABILITY COVERAGE WITH $500,000 LIMIT - APPROVED (600.10) - 1. Approved staff's selection of Utility Services Associates (USA) to perform the work as outlined in the Request for Proposals for Professional Consulting Services dated April 1997--Professional Services Contract Between the City of Huntington Beach and Utility Services Associates for Leak Detection Survey and Final Report; 2. Authorized the Public Works Director to expend $83,165 to cover contract costs of $72,317, estimated contingency of $7,232, and supplemental expenditures of $3,616; and 3. Approved Consultant Professional Liability Coverage with a $500,000 limit. (CITY COUNCIL) BID AWARD - WARNER AVENUE LANDSCAPING PROJECT FROM ALGONQUIN STREET TO EDWARDS STREET - CC-1026 - C. J. CONSTRUCTION, INC. - APPROVED (600.80) The City Council considered a communication from Public Works Director Jones recommending a bid award to C. J. Construction, Inc. for the Warner Avenue Landscape project. Mayor Pro Tem Dettloff thanked the staff for getting this project going. She stated this project will be a very welcome addition to the city. A motion was made by Dettloff, second Harman to: 1. Approve the low responsivelresponsible bid submitted by C. J. Construction, Inc., 14730 Firestone Boulevard, Suite 302, La Mirada, California 90638, for the Warner Avenue Landscaping Project, CC-1026; 2. Authorize the Mayor and City Clerk to execute the construction contract between C. J. Construction, Inc. and the city in the amount of $347,707.54; and 3. Authorize the Public Works Director to expend a total of $392,000.00 including the contract amount of $347,707,54, estimated construction contingency of $34,770.75 and supplemental expenditures of $9,507.11. The motion carried by the following roll call vote: 180 Page 12 - Council/Agency Minutes - 08/18/97 AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) SUBSTITUTION OF TRACT BONDS (AMERICAN MOTORISTS INSURANCE COMPANY) AND SUBDIVISION AGREEMENTS DUE TO PURCHASE BY TURNBERRY HUNTINGTON BEACH, LLC OF PLC LAND COMPANY TRACT NOS. 15037, 15081 AND 15085 - HOLLY - SEACLIFF SPECIFIC PLAN - APPROVED (420.60) The City Council considered a communication from Community Development Director Fallon recommending approval of a substitution of tract bonds and Subdivision Agreements relative to Tract Nos. 15037, 15081, and 15085 - Holly-Seacliff Specific Plan. Councilmember Sullivan stated that this item involves a Development Agreement and that anyone who bought from the roaster developer should know that there is a requirement for infrastructure to be provided. A motion was made by Sullivan, second Green to: 1. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM88743000, 3SM88742900 (Tract No. 15037), the securities furnished for Faithful Performance, Labor and Material and Monuments respectively; 2. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM88742800, 3SM88742700 (Tract No. 15081), the securities furnished for Faithful Performance, Labor and Materials and Monuments respectively; 3. Release PLC Land Company's Subdivision Agreement and Bond Nos. 3SM88742600, 3SM88742500 (Tract No. 15085), the securities furnished for Faithful Performance, Labor and Material and Monuments respectively; 4. Accept Turnberry Huntington Beach, LLC Subdivision Agreement and Bond Nos. 3SM89189000, 3SM89189100 (Tract No. 15037), the securities furnished for Faithful Performance, Labor and Material and Monuments respectively, and approve and instruct the Mayor and City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; 5. Accept Turnberry Huntington Beach, LLC Subdivision Agreement and Bond Nos. 3SM89110200, 3SM98188800 (Tract No. 15081), the securities furnished for Faithful Performance, Labor and Material and Monuments respectively, and approve and instruct the Mayor and City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; 6. Accept Turnberry Huntington Beach, LLC Subdivision Agreement and Bond Nos. 3SM89110300, 3SM89188900 (Tract No. 15085), the securities furnished for Faithful Performance, Labor and Material and Monuments respectively, and approve and instruct the Mayor and City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and 7. Instruct 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. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None 181 08/18/97 - City Council/Redevelopment Agency Minutes - Page 13 (CITY COUNCIL) CONSIDERATION OF INTERGOVERNMENTAL RELATIONS COMMITTEE RECOMMENDED POSITIONS - APPROVED - REGARDING VARIOUS ASSEMBLY AND SENATE BILLS - SUPPORT AB-92 AND SB-500 - OPPOSE AB-1070 AND SB-1156 (120.70) The City Council considered the recommended positions of the Intergovernmental Relations Committee on various Senate and Assembly Bills. Councilmember Garofalo spoke at length regarding the reasons why Senate Bill 500 should not be supported by the City Council. He cited the organizations and elected officials in opposition to this bill. Councilmember Garofalo stated that he did not run for election on this issue and does not represent a constituency in this regard. Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Communication from Dennis Davenport, National Rifle Association of America Executive Board Member, dated August 12,1997 in opposition for Senate Bill 500 (Polanco), the proposed ban on affordable firearms. Councilmember Green spoke in support of Senate Bill 500 and stated that it is Council's responsibility to keep city streets safe. He requested Police Chief Lowenberg to report on Senate Bill 500. Police Chief Lowenberg reported on the reasons he believes Senate Bill 500 should be supported by Council. He referred to the California Police Chief's Association position papers, Section No. 5, and read an excerpt. Police Chief Lowenberg stated that this document is available to the public. Police Chief Lowenberg stated that he believed the California Peace Officers' Association opposed the bill in April due to the fact that they were under the impression that police officers would not be able to have these weapons and that this provision has been amended. Discussion was held. A motion was made by Green, second Dettloff that Council approve the positions recommended by the Intergovernmental Relations Committee on all the legislation submitted with the exception of Senate Bill 500. The recommended positions were as follows: Supported AB-92 (Figueroa) - this bill will allow the two local representatives to also be voting committee members of the California Tax Credit Allocation Committee. These local representatives are a representative of counties selected by the Senate Committee on Rules from a pool of candidates developed by the California State Association of Counties and a city representative selected by the Speaker of the Assembly from a pool of candidates nominated by the League of California Cities. Opposed AB-1070 - (Campbell) would provide that a public agency may not require a design professional to defend, indemnify, or hold harmless the public agency or its officers and employees. Opposed SBA 156 - (Costa) - would prohibit cities from adopting any zoning or development regulation which "renders the development of multifamily rental housing... infeasible." This bill is brought forward by its sponsors, the California Apartment Association and California Housing Council, because some communities ban apartments for a variety of reasons. And direct staff to draft Letters of Support or Opposition as moved for each bill for the Mayor's signature and send the letters to the State Legislature and Governor. The motion carried by the following roll call vote: 182 Page 14 - Council/Agency Minutes - 08/18/97 AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, NOES: None ABSENT: None ABSTENTIONS: Garofalo A motion was made by Green, second Harman that Council support Senate Bill 500 to prohibit the manufacture, sale, giveaway or lending of any nonsporting handgun. This bill defines a nonsporting handgun to be consistent with federal law which established criteria for importing foreign handguns into the United States. This bill has been nicknamed the "Saturday Night Special' or "Junk Gun" bill because its intent is to mitigate the proliferation of small and easily accessible handguns that are often and disproportionately (according to figures quoted in the Los Angeles Times) used and seized in crimes. 80% of these handguns are made in California and primarily in the Los Angeles area and direct staff to draft Letters of Support or Opposition as moved for each bill for the Mayor's signature and send the letters to the State Legislature and Governor. The motion made by Green, second Harman carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Green, NOES: Julien, Sullivan, Garofalo ABSENT: None (CITY COUNCIL) BID AWARD - APPROPRIATION FROM WATER RESERVE FUND BALANCE - FIBER OPTICS CABLE FROM THE CIVIC CENTER TO THE WATER OPERATIONS BUILDING - CC-1049 - BNB ENGINEERING, INC. - APPROVED (600.80) The City Council considered a communication from Public Works Director Jones recommending that the bid award for the Fiber Optics Cable from the Civic Center to the Water Operations Building be awarded to BNB Engineering, Inc. Fire Chief Dolder, at the request Councilmember Garofalo, reported on the need for this project and stated that it is the most efficient and cost effective way. Discussion was held regarding the role of fiber optics in traffic mitigation and Fire Chief Dolder reported that the Fire Department is working with staff in this regard. A motion was made by Garofalo, second Green to: 1. Appropriate $108,000 from the Undesignated Water Reserve Fund balance; 2. Approve the low responsive/responsible bid submitted by BNB Engineering, Inc., 2602 S. Halladay St., Santa Ana, CA 92705 for the Fiber Optics Cable Project from the Civic Center to the'Water Operations Building, CC-1049; 3. Authorize the Mayor and City Clerk to execute the construction contract in the amount of $161,845; and 4. Authorize the Public Works Director to expend a total of $183,000 including the contract amount of $161,845, estimated construction contingency of $16,155 and supplemental expenditures of $5,000. Mayor Bauer requested that the city receive input from the City of Anaheim as to what is transpiring with its fiber optics program. 183 08/18/97 - City Council/Redevelopment Agency Minutes - Page 15 The motion made by Garofalo, second Green carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (REDEVELOPMENT AGENCY) - APPROVED PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY AND DONAHUE AND COMPANY, INC. FOR APPRAISAL SERVICES - MONTGOMERY WARD BUILDING - HUNTINGTON BEACH MALL - AUTHORIZATION FOR WAIVER OF ERRORS AND OMISSIONS INSURANCE REQUIREMENTS (600.30) The City Council considered a communication from Economic Development Director Biggs transmitting for Council's consideration a professional services contract between the Agency and Donahue and Company for appraisal services of the Montgomery Ward Building at Huntington Beach Mall. Councilmember Julien spoke regarding this item, another unbudgeted item, as well as her concern regarding the agreement relative to the company's bankruptcy. Economic Development Director Biggs reported on the need for appraisals and the reasons why the appraisers should be under contract to the city. City Attorney Hutton reported on the reasons why it is imperative that the city obtain its own independent appraisal. A motion was made by Harman, second Dettloff to approve and authorize execution by the Chairperson and Agency Clerk of the Professional Services Contract Between the Redevelopment Agency and Donahoe and Company, Inc. for Appraisal of Montgomery Waal Property which incorporates a waiver of errors and omissions insurance requirements to provide an appraisal report and determination of value for the land and buildings owned by Montgomery Ward, Inc. within 90 days at a fee not to exceed $25,000. 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 AUGUST 4, 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 - REPORT RECEIVED AND FILED/ STAFF TO FURTHER REVIEW AND DOCUMENT CHARGES TO WATER FUND (310.20) The City Council considered a communication from the Deputy City Administrator - Administrative Services Director regarding compliance with Proposition 218 rules relative to all city taxes, assessments, and fees or changes. 184 Page 16 - Council/Agency Minutes - 08/18197 Dan Villella, Finance Director, presented a slide report. A motion was made by Harman; second Dettloff to: 1. Receive and file report on State Proposition 218; and 2. Request staff to further review and document appropriate General Fund charges to the Water Fund. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) RECONSIDERATION OF ORDINANCE NO. 3360 - APPROVED (ORDINANCE NO. 3360 WAS ADOPTED ON AUGUST 4,1997) - SIGN CODE AMENDMENT NO. 95-6 - SIGN CODE REWRITE (420.35) The City Council considered adoption of Ordinance No. 3360 - An Ordinance of the City of Huntington Beach Amending the Zoning and Subdivision Ordinance by Amending Chapter 233 Thereof Relating to Signs." The public hearing and approval of introduction of Ordinance No. 3360 occurred on August 4, 1997. A motion was made by Garofalo, second Green to reconsider Council's approval of introduction of Ordinance No. 3360 which occurred on August 4, 1997. Councilmember Garofalo read the recommended action as it appeared on the August 4, 1997 agenda. City Attorney Hutton reported on the 45-day provision within the political sign portion of the proposed ordinance_ The motion to reconsider introduction of Ordinance No. 3360 made by Garofalo, second Green carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Green, Garofalo NOES: Sullivan ABSENT: None A motion was made by Garofalo, second Green to disallow political signs in the public rights -of -way and to enact a 90-day time limit for political signs on private property. Considerable discussion was held. The motion made by Garofalo, second Green was withdrawn. A motion was made by Garofalo, second Green to continue consideration of Ordinance No. 3360 to the October 6, 1997 Council meeting_ The motion carried unanimously. 185 08/18/97 - City Council/Redevelopment Agency Minutes - Page 17 (CITY COUNCIL) APPOINTMENTS OF MAYOR PRO TEM DETTLOFF AND COUNCILMEMBERS HARMAN AND GREEN TO THE SEACLIFF ART CITY COUNCIL SUBCOMMITTEE -APPROVED (120.25) The City Council considered the appointments of Councilmembers to the Seacliff Art City Council Subcommittee.. A motion was made by Dettloff, second Harman to appoint Mayor Pro Tern Dettloff, Councilmember Harman and Councilmember Green to the Seacliff Art City Council Subcommittee. The motion carried unanimously. (CITY COUNCIL) APPOINTMENT OF CITY COUNCILMEMBER SULLIVAN TO COUNCIL SUBCOMMITTEE ON AFFORDABLE HOUSING - APPROVED (120.25) The City Council consjdKed the appointment of City CouncihMn ,,Syif van to the Council Subcommittedk'bri Afi6WMle Housing. A motion was made by Dettloff, second Harman to appoint Councilmember Sullivan to serve on the Council Subcommittee on Affordable Housing with Mayor Bauer and Mayor Pro Tern Dettloff. The motion carried unanimously. (CITY COUNCIL) STATUS REPORT PRESENTED ON NEGOTIATIONS BETWEEN KOLL COMPANY AND CITY ADMINISTRATOR UBERUAGA (440.60) Councilmember Garofalo requested City Administrator Uberuaga to present an update on the status of the meeting with the Koll Company representative on the water issue. City Administrator Uberuaga presented a report on the meeting held one week ago which included discussion regarding the issue of the Local Agency Formation Commission. He stated that the talks have not gone any further than they had a few months ago. City Administrator Uberuaga stated that the Boyle Engineering Report was still being used and employees of Boyle Engineering had been present at the meeting. City Administrator Uberuaga reported that the Koll Company has to return to the Coastal Commission. 186 Page 18 - Council/Agency Minutes - 08/18/97 ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to the adjourned regular meetings to be held on Monday, August 25, 1997 at 5:00 p.m. in the Council Chamber, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk C City C rk and ex-officio Clerk o the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California 'MayorJill /Chairman 187