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HomeMy WebLinkAbout1997-09-02MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Tuesday, September 2, 1997 An audio tape recording of the 5:00 p.m. portion of this meeting and a video tape recording of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. CALL TO ORDER Mayor Bauer called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room 8-8. CITY COUNCILJREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Bauer, Sullivan, Green, Garofalo, (Dettloff arrived during closed session) Absent: Green PUBLIC COMMENTS ON CLOSED SESSION ITEMS There were no persons present to address Council regarding the closed session items scheduled on the agenda. MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80) A motion was made by Sullivan, second Harman to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote with Councilmember Green and Mayor Pro Tern Dettloff being absent. 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 197 Page 2 - Council/Agency Minutes - 09/02/97 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 Tocher v. City of Huntington Beach - United States District Court, Case No. SACV-96-366. Subject: Tocher v. City of Huntington Beach. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Mary McCarty -Devlin v. City - Orange County Superior Court Case No. 67 52 01. Subject: Mary McCarty -Devlin v. City. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9 (a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City of Huntington Beach v. Montgomery Watson - Orange County Superior Court Case No. 76 59 40. Subject: City of Huntington Beach v. Montgomery Watson (120.80) RECONVENE Mayor Bauer 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, Garofalo Absent. Green FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by Councilmember Sullivan. PRESENTATION - By Mayor Bauer to Bob Kakuk, Vietnam War Veterans of Orange County, of a Proclamation proclaiming September 15-21,1997 as National Remembrance of POW/MIA Week. (Prisoners of War/Missing 1n Action). (160.40) PRESENTATION - By Mayor Bauer to Carol Freeman, Chief Executive Officer and Vickie Boatman, Marketing Director, Columbia Huntington Beach Hospital and Medical Center, of a Certificate of Recognition recognizing 30 years of health care to the residents of Huntington Beach. (160.40) 09/02/97 - City CouncillRedevelopment Agency Minutes - Page 3 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: Communication from Ethel J. Watts, President, and Olga Wrobel, Corresponding Secretary, Friends of the Huntington Beach Library Center and Cultural Center, dated September 2, 1997 in support of Sunday half -day openings at the Central Library and Cultural Center Communication from Councilmember Garofalo dated September 2, 1997 titled H Item" regarding water resources and transmitting a letter from Nancy Donaven, President of Bolsa Chica Land Trust, dated August 28, 1997 regarding water resources Budget slide report received from the Office of the City Administrator dated September 2, 1997 Communication from Councilmember Pam Julien dated September 2, 1997 requesting consideration of appointment to the Pier Plaza Ad Hoc Sub Committee PUBLIC COMMENTS JOE TUSKO addressed Council in opposition to the proposed nude entertainment theater to be located in the city. He requested that emergency legislation be enacted by the Council while the issue is being resolved as to how to further prevent such businesses in the city. City Attorney Hutton responded that an ordinance is being prepared by her office and the Community Development Department. In response to Councilmember Harman, Community Development Director Fallon stated that she would advise the Council when the ordinance will be before the City Council. CAROL PAPPAS, business owner and Huntington Beach resident, spoke regarding the terrible sewer odor and health hazards she notices when she is driving by different neighborhoods. She stated the areas most noticeable are on Slater Avenue between Edwards Street and Beach Boulevard and sometimes spread to Warner Avenue and Magnolia and Talbert Avenues. She cited the areas where the odor is noticeable. Ms. Pappas informed Council that her doctor states the odor is caused by airborne bacteria. She also spoke regarding the problem of trees on Napa Circle and the reasons she believes they are also a health hazard. City Administrator Uberuaga stated that he would look into this issue. VICKIE CUSHING requested that more funds be allocated to parks and landscaping. She informed Council of the tree at her residence that has caused the sidewalk to lift. She spoke regarding the standing water and stench. Ms. Cushing informed Council that she had submitted a petition to the city and had been informed that it would be seven years before the problem in her area could be resolved. She stated that she has been told by the city that it is not acceptable to pay the cost herself. WR Page 4 - Council/Agency Minutes - 09/02197 LARRY DORN spoke regarding situations with car dealerships that are affecting the neighborhood such as parking problems caused by the auto dealer business removing employee parking on -site which results in the employees parking on the street. He stated that he understands the car dealerships bring in revenue, but he believes they must comply with regulations. He stated that it makes him very uncomfortable to see persons test driving vehicles in front of homes where children are playing. Paging systems going off at odd hours as well as noise of trailers unloading cars and the issue of signage were also reported upon by Mr. Dorn. He stated that he requested the auto dealers purchase the property where the nude entertainment center is to be located which would result in the dealership expanding its property and would also prevent the nude business from locating in the city. GERALD CHAPMAN spoke regarding the issue of alarms as it pertains to his business stating that in the past the alarms went directly to the Police Department. He stated that at that time he believed the renewal fee was warranted because it went directly to the Police Department. He stated that now the false alarms do not go to the Police Department and problems have arisen as businesses often do not know they have had a false alarm until much later. Dr. Chipman stated that he has no objection to paying a renewal fee if he can know when his business has had a false alarm. He spoke regarding his residential alarm required by the Fire Department due to fire sprinklers requirements. Dr. Chapman stated that he believes this alarm fee should be waived as the citizen has no option but to have the alarm system due to the city's deficiency in services. He stated he would also like to see something done regarding the water meter charge when a residence does not use any more water than anyone with a 3/4-inch meter. JEFF RULON, representing Orange County Ventures 11, informed Council that he is present to answer questions about the item on the agenda regarding the Consent for Pending Sale by the PLC Company of the residential project known as Saint Augustine in the Holly-Seacliff Development Agreement Area. (CITY COUNCIL) CITY ADMINISTRATOR REQUESTED TO REPORT REGARDING LARRY DORN'S PUBLIC COMMENT REGARDING AUTO DEALERSHIPS' PROBLEM IN NEIGHBORHOOD Councilmember Harman requested City Administrator Uberuaga to have staff investigate the comments made by Mr. Dom regarding the problem he has experienced with auto dealerships in his neighborhood. (CITY COUNCIL) ADMINISTRATOR TO REPORT REGARDING GERALD CHAPMAN'S CONCERNS REGARDING ALARM CHARGES AND METER ISSUE Councilmember Garofalo requested City Administrator Uberuaga to report back regarding Dr. Chapman's concerns regarding alarm charges and meters. City Administrator Uberuaga informed Council that a report on the issue would be presented at the next meeting. 200 09/02/97 - City Council/Redevelopment Agency Minutes - Page 5 (CITY COUNCIL) CITY ADMINISTRATOR'S REPORT City Administrator Uberuaga had no report. (CITY COUNCIL) PUBLIC HEARING - PROPOSED CITY BUDGETS FOR FISCAL YEARS 1997198 AND 1998199 - STUDY SESSION SCHEDULED FOR SEPTEMBER 8, 1997 - PUBLIC HEARING CONTINUED OPEN TO SEPTEMBER 15, 1997 (320.20) The Mayor announced that this was the meeting set for a public hearing to consider the City Budget for Fiscal Years 1997198 and 1998/99. The proposed budget for Fiscal Year 1997/98 totals $207,344,279 including proposed General Fund expenditures of $102,444,515. The proposed budget for Fiscal Year 1998/99 totals $193,683,262 including General Fund expenditures of $103,897,558. The complete Preliminary, Two -Year Budget proposal can be reviewed by the public from 8:00 a.m. to 5:06 p.m., Monday through Friday in the City Clerk's Office at City Hall, 2000 Main Street, Huntington Beach. Copies of the proposed budget are also available for public review at the city's Central Library located at 7111 Talbert Avenue (Goldenwest Street and Talbert Avenue) and all branch libraries. Copies of the Preliminary Budget Message and Summaries may be obtained by the public free of charge at the aforementioned locations. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. City Administrator Uberuaga presented a report. He reviewed the budget slides. Items covered in the slide presentation were General Fund Budget Per Capita; Projected Revenue Increases; Major Revenues Are Less Than Public Safety Costs; Recommended Allocation of $1.8 Million For Capital Projects; State Budget; Number of Budgeted, Full -Time Positions; An Overview of City Services; and Summary. Councilmember Garofalo stated that he plans to strongly support making the General Fund Reserve at a higher level. He stated that at an adjourned meeting to be held soon, there will be a technology seminar and he would like to see how the library will be affected by technology. He spoke regarding water resources and sale of water. He referred to the letter from Nancy Donaven, President of the Balsa Chica Land Trust, dated August 28, 1997 which had been announced earlier in the meeting by City Clerk Brockway. He requested City Administrator Uberuaga to return with information regarding water issues including sufficiency of the Water Fund if the Council believes there will be a long-term water shortage and the city is to become a net buyer of water and what the effect of El Niho will be —more or less water reserves and specifically information regarding sale of water to the county for parks relative to whether it is included in the Water Fund and is that the precedent --to sell water to other non - county areas. Mayor Bauer declared the public hearing open. City Clerk Brockway announced the following three communications received regarding the budget which she had announced earlier in the meeting. She stated she was announcing these letters so that they become a part of the record of the official budget public hearing. 201 Page 6 - Council/Agency Minutes - 09/02/97 Communication from Ethel J. Watts, President, and Olga Wrobel, Corresponding Secretary, Friends of the Huntington Beach Library and Cultural Center, dated September 2, 1997 in support of Sunday half -day openings at the Central Library and Cultural Center Letter from Councilmember Garofalo regarding water resources and transmitting a letter from Nancy Donaven, President of the Bolsa Chica Land Trust, regarding the matter Budget slide report received from the Office of the City Administrator dated September 2, 1997 IRMA LOPER, volunteer for the Children's Library, informed Council that Huntington Beach had been designated in a national poll by the Zero Population Growth Group as the 12th "Child Friendly City" and spoke regarding the reasons why she believed the city library contributes a large part to enhance the quality of life for children in the city. Ms. Loper requested full funding of Sunday hour library opening. She presented the functions that can be held on Sundays including Internet help and story time. SID KUPERBERG, member of the Library Board and Patrons of the Library, requested full funding for library Sunday openings. He stated that patrons urgently need the services of librarians who can fully serve them in such areas as reference and computer assistance. He stated that patrons need the expertise that only the trained staff can give. Mr. Kuperberg spoke regarding the benefit in the maintenance of the library relative to presenting a backlog of cleanup on Monday. There being no one present to speak further on the matter and there being protests filed, either oral or written, Mayor Bauer declared the public testimony closed for this meeting and announced a study session to be held September 8, 1997. He announced that the continuation of the open pubic hearing would be held on September 15, 1997. On motion by Harman, second Garofalo, the public hearing on the 1997/98 and 1998/99 city budget was continued open to September 15, 1997 and staff was instructed to prepare a resolution for adoption of the proposed budget for the September 15, 1997 Council meeting. The motion carried by unanimous vote with Councilmember Green absent. CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Resolution No. 97-60 -"A Resolution of the City Council of the City of Huntington Beach Establishing its Policy for the Naming of City Parks, Park Features and Community Facilities and Repealing Conflicting Resolutions Approve Plans and Specifications - Authorization to Advertise for Bids - Citywide Spread Spectrum Radio Traffic Communications System, Phase 11, CC-1052 Resignation of Library Board Trustees Member - Finley 202 09/02/97 - City Council/Redevelopment Agency Minutes - Page 7 Downtown Hardscape (Sidewalk) High Pressure Water Cleaning CONSENT CALENDAR - ITEMS APPROVED On motion by Garofalo, second Dettloff, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - APPROVED AND ADOPTED (120.65) - Approved and adopted minutes of the City Council/Redevelopment Agency regular meeting of August 4, 1997 and adjourned regular meeting of August 6, 1997 as written and on file fn the Office of the City Clerk. (CITY COUNCIL) RESOLUTION NO.97-59 - ADOPTED - TAX REVENUE ANTICIPATION NOTES (TRAN) FINANCING (330.70) - Adopted Resolution No. 97-59 - "A Resolution of the City Council of the City of Huntington Beach, California Providing for the Issuance and Sale of 1997-96 Tax and Revenue Anticipation Notes Therefor." (TRANS are short-term debt instruments which provide cash for the financing of budgeted General Fund expenditures in the early portion of the fiscal year.) (CITY COUNCIL) REQUEST FOR WAIVER OF THE PERFORMANCE BOND REQUIREMENT - RESERVOIR HILL BOOSTER STATION PROJECT - CC-534 - APPROVED (600.75) - Waived the requirement for the performance bond from Schuler Engineering Corporation (SEC) to the City of Huntington Beach for the Reservoir Hill Booster Station Project, CC-534, and approved compensating Schuler Engineering Corporation (SEC) for the interest due on its retention beginning July 8, 1997. (CITY COUNCIL) APPROVAL OF PLANS AND SPECIFICATIONS - AUTHORIZATION TO ADVERTISE FOR BIDS - SILVER LANE STREET AND STORM DRAIN IMPROVEMENTS - CC-1011 AND CC-1041 - APPROVED (600.60) -1. Approved the project Plans and Specifications and authorized the Public Works Director to solicit bids for the construction of the Silver Lane Street and Storm Drain Improvements; and 2. Approved the attached sample contract subject to award of the contract to the lowest responsive/responsible bidder. (Approximate cost $534,300). (CITY COUNCIL) CONSENT FOR PENDING SALE BY PLC COMPANY OF THE RESIDENTIAL PROJECT - ST. AUGUSTINE - TENTATIVE TRACT NO. 15355 - TO OC VENTURES II - HOLLY-SEACLIFF DEVELOPMENT AGREEMENT AREA - SOUTHEAST CORNER OF SEAPOINT STREET AND GARFIELD AVENUE -APPROVED (600.10) - 1. Pursuant to Section 4.2 of the Holly-Seacliff Development Agreement, approved the 203 Page 8 - CouncillAgency Minutes - 09/02/97 request by PLC Company for the City Council to provide Consent for the Pending Sale of the property known as Tentative Tract No. 15355 to OC Ventures If; and 2. Authorized the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumptions of Rights, Duties and Obligations. (CITY COUNCIL) ACQUISITION OF PROPERTY - GOLDENWEST STREET RIGHT-OF-WAY- HOLLY-SEACLIFF DEVELOPMENT PROJECT AREA - SOUTH OF GARFIELD AVENUE - EAST OF GOLDENWEST STREET - EASEMENT DEED - APN 111-130-15 - APPROVED (650.80) - Approved the acquisition of property (APN 111-130-15) (a portion), a necessary portion of the parcels needed for the Goldenwest Street right-of-way. Authorized approval of the escrow instructions. Accepted the easement deed for the parcel described and requested the City Clerk to affix the city's Certificate of Acceptance and record through indicated escrow. (CITY COUNCIL) TRANSFER OF DEEDS TO COUNTY OF ORANGE - FUTURE LINEAR PARK PROPERTY LOCATED ALONG BOLSA CHICA BLUFF - SOUTHWEST OF GARFIELD AVENUE - SEAPOINT STREET - AND WEST OF EDWARDS STREETIELLIS AVENUE - APPROVED (650.40) - Approved the transfers by deed of Parcel No. 2 - APN 110-015-76 located on the southwest corner of Garfield Avenue and Seapoint Street and Parcel No. 3 - APN 110-015-78 located west of Edwards Street at Ellis Avenue from the City of Huntington Beach to the County of Orange and authorized the Mayor and the City Clerk to execute the deeds and record with the County Recorder. (CITY COUNCIL) AMENDMENT NO. 2 TO THE CONTRACT WITH EDAW, INC. AND AMENDMENT NO. 2 TO THE REIMBURSEMENT AGREEMENT WITH MCDONNELL DOUGLAS REALTY COMPANY FOR PREPARATION OF THE MCDONNELL CENTRE BUSINESS PARK SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT - APPROVED (600.10) - 1. Approved Amendment No. 2 to Professional Services Agreement between the City of Huntington Beach and EDA W, Inc. for Planning Consulting Services for the Preparation of the McDonnell Centre Business Park Specific Plan and Environmental Impact Report. (Additional services $38,975 - total agreement fee not to exceed $277,449); and 2. Approved Amendment No. 2 to Specific Plan and Environmental Impact Report Reimbursement Agreement between the City of Huntington Beach and McDonnell Douglas Realty Company. (Additional consulting services in the amount of $38,975 - total agreement fee not to exceed $277,449.) (CITY COUNCIL) RESOLUTION NO. 97-60 - ADOPTED AS AMENDED - ESTABLISHES POLICY FOR NAMING OF CITY PARKS, PARK FEATURES, AND COMMUNITY FACILITIES (920.10) The City Council considered a communication from Community Services Director Hagan transmitting Resolution No. 97-60 "A Resolution of the City Council of the City of Huntington Beach Establishing its Policy for the Naming of City Parks, Park Features and Community Facilities and Repealing Conflicting Resolutions" for consideration of Council. 09/02/97 - City Council/Redevelopment Agency Minutes - Page 9 A motion was made by Bauer, second Garofalo to adopt Resolution No. 97-60 - "A Resolution of the City Council of the City of Huntington Beach Establishing its Policy for the Naming of City Parks, Park Features and Community Facilities and Repealing Conflicting Resolutions as amended to add the words civic organizations to Section No. 6, Line No. 2 of Page No. 1 of Resolution No. 97-60. The motion carried by the following roll call vote. - AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green (CITY COUNCIL) APPROVED PLANS AND SPECIFICATIONS - AUTHORIZED ADVERTISEMENT FOR BIDS - CITYWIDE SPREAD SPECTRUM RADIO TRAFFIC COMMUNICATIONS SYSTEM, PHASE II, CC-1052 (600.80) The City Council considered a communication from Public Works Director Jones requesting approval of plans and specifications and authorization to advertise for bids for the Citywide Spread Spectrum Radio Traffic Communications System, Phase II. At the request of Mayor Bauer, Public Works Director Jones reported that following completion of the item Huntington Beach will be the first system fully networked with the Caltrans computer system. He stated that now Caltrans will be upgrading their system as technology has advanced since Caltrans began their system. A motion was made by Bauer, second Dettloff to: 1. Approve the plans and specifications for the Citywide Spread Spectrum Radio Traffic Communications System, Phase II, CC-1052, and authorize the Public Works Director to advertise the project; 2. Approve the attached sample construction contract, subject to award of the contract to the lowest responsible bidder, and 3. Approve the purchase of the Spread Spectrum Communications Cable for this construction project. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green (CITY COUNCIL) RESIGNATION OF LIBRARY BOARD OF TRUSTEES MEMBER - FINLEY - ACCEPTED (110.20) The City Council considered a communication from Library Services Director Hayden informing Council of the resignation of Ruth Finley as a member of the Library Board of Trustees. Mayor Pro Tern Dettloff acknowledged the many years of service given to the city in many capacities by Library Board of Trustees Member Ruth Finley. 205 Page 10 - Council/Agency Minutes - 09102/97 A motion was made by Dettloff, second Harman to accept, with regret, the resignation of Ruth Finley from the Library Board of Trustees and directed staff to post public notice to the effect that one Library Board of Trustees position is vacant. The motion carried unanimously with Councilmember Green absent. (CITY COUNCIL) DOWNTOWN HARDSCAPE (SIDEWALK) HIGH PRESSURE WATER CLEANING -APPROVED (320.45) The City Council considered a communication from Public Works Director Jones recommending an appropriation of funds for the downtown handscape (sidewalk) high pressure water cleaning. Mayor Pro Tern Dettloff asked Public Works Director Jones if there is a method to prevent persons from slipping on the sidewalk during the cleaning process. Daryl Smith, Superintendent of Park, Tree, and Landscape Division, reported on the procedure which would be used. Councilmember Sullivan stated that he did not believe the message should be sent that if the business person does not clean the sidewalk the city will do it. He spoke regarding the city subsidy to the parking structure, stating that he believes both of these items are inappropriate. In response to Councilmember Garofalo, Daryl Smith referred to the City Attorney's opinion dated October 24, 1996, Subject: RLS No. 96-738, Steam Cleaning and Sealing of Public Right -of Ways regarding the need for an assessment district to enable the city to charge for cleaning. He spoke regarding the license agreements the city has with some of the businesses. He clarified when a license agreement is required. A motion was made by Garofalo, second Sullivan to approve the appropriation of funds with the exception of the east and west sides of the northerly half of the first block, with that portion to return to Council in 30 days. Daryl Smith, Superintendent of Park, Tree, and Landscape Division, spoke regarding the competitive bid which was let a year ago and that the contractor to be used is on the existing purchase order. Councilmember Garofalo stated that he believed the property owner should be asked to pay his share. Discussion was held between Council and Daryl Smith, Superintendent of Park, Tree, and Landscape Division. Mr. Smith reported that the two businesses previously discussed are the only two businesses that cannot use the sidewalk for the sale of merchandise or other uses. The motion made by Garofalo, second Sullivan failed by the following roll call vote: AYES: Sullivan, Garofalo NOES: Julien, Harman, Dettloff, Bauer ABSENT: Green ri. 09/02/97 City CouncillRedevelopment Agency Minutes - Page 11 A motion was made by Dettloff, second Julien to approve an appropriation of $4,195.00 from the unencumbered General Fund balance to Account No. E-AA-PW-541-3-90-00, Contractual Services, to clean and seal certain downtown hardscape (sidewalk) area. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer NOES: Sullivan, Garofalo ABSENT: Green Mayor Bauer stated that he believes the perception of Council is that the businesses will be asked to pay voluntarily. (CITY COUNCIL) SPECIALLY NOTICED HEARING - ACQUISITION OF PROPERTY BY EMINENT DOMAIN FROM SOUTHERN CALIFORNIA EDISON - HOLLY-SEACLIFF DEVELOPMENT AREA - RESOLUTION OF NEED AND NECESSITY NO. 97-61 - APN 110- 01. v9 - FOR CONSTRUCTION OF A WATER RESERVOIR AND FIRE STATION - EDWARDS STREET BETWEEN ELLIS AND GARFIELD AVENUES - APPROVED (650.50) Mayor Bauer announced that this Agenda Item is a specially noticed hearing held under Code of Civil Procedure Section 1245.235. Only those persons who have been specially noticed and have previously requested to appear and be heard, or their designees, under Code of Civil Procedure Section 1245.235 shall be heard at this time. The subject matter of this special hearing is limited to only those matters included in the proposed resolution. The amount of compensation is not at issue during this public hearing. It will be decided by the courts at a later date should the resolutions be adopted. A two-thirds majority of the entire City Council is required to adopt the resolution; the resolution must receive five affirmative votes to be adopted. The Council then considered the noticed hearing to consider adoption of Resolution of Need and Necessity No. 97-51 pertaining to the acquisition of property necessary for the construction of a water reservoir and fire station on Edwards Street between Ellis and Garfield Avenues. Mayor Bauer declared the specially noticed hearing open held under Code Of Civic Procedure Section 1245.235. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by Mayor Bauer. Fire Chief Dolder presented a staff report. City Attorney Hutton brought Council's attention to the findings which must be made and read the findings as set forth within Resolution No. 97-61 into the record. 207 Page 12 - Council/Agency Minutes - 09/02/97 A motion was made by Harman, second Dettloff to: 1. Adopt Resolution No. 97-61 - 'A Resolution of the City Council of the City of Huntington Beach Declaring the Public Interest and Necessity in the Acquisition of Certain Real Property Located on Edwards Street between Ellis and Garfield Avenues in the City of Huntington Beach, California for the Purpose of Constructing a Water Reservoir and Fire Station." (Identified as Assessor's Parcel No. 110-015-59.) and 2. Authorize the City Attorney to enter into a stipulated judgment for settlement of the eminent domain action pursuant to this Request for Council Action and the terms and conditions set forth in the letter from the City Attorney's Office to Southern California Edison dated August 15, 1997, a copy of which is attached hereto as Attachment No. 2. Councilmember Garofalo gave reasons why he would vote against the motion; that he believes this is not the correct use of eminent domain, that he believes it to be a poor location for a fire station. The motion made by Harman, second Dettloff carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan NOES: Garofalo ABSENT: Green (REDEVELOPMENT AGENCY) -APPROVED SOLICITATION OF STATEMENTS OF QUALIFICATIONS FROM OWNER PARTICIPANTS BLOCK 104/BLOCK 105 DEVELOPMENT STRATEGY - MAIN -PIER REDEVELOPMENT AREA - PACIFIC COAST HIGHWAY/FIFTH STREETIWALNUT AVENUEIMAIN STREET AND PACIFIC COAST HIGHWAYISIXTH STREETIWALNUT AVENUE (410.20) The City Council considered a communication from the Economic Development Director informing Council that due to the termination of the Main -Pier II Disposition and Development Agreement, the Redevelopment Agency lacks an approved strategy for staff direction for the future development/redevelopment of Block 104 and Block 105. (Block 104 bounded by Pacific Coast Highway/Fifth/Walnut/Main) (Block 105 bounded by Pacific Coast Highway/Sixth/Walnut.) Economic Development Director Biggs presented a staff report. Following discussion, a motion was made by Sullivan, second Dettloff to authorize the solicitation of Statements of Qualifications from owner participants who wish to develop a portion or all of Blocks 104 and 105 and to direct staff to evaluate the responses and return to the Agency Board with recommendations as to development strategy options based on the responses. The motion carried unanimously with Councilmember Green absent. 208 09/02/97 - City Council/Redevelopment Agency Minutes - Page 13 (CITY COUNCIL) APPOINTMENT OF MAYOR PRO TEM ❑ETTLOFF AND CITY COUNCILMEMBERS JULIEN AND GAROFALO TO THE CITY COUNCIL AD HOC COMMITTEE TO PLAN PIER PLAZA GRAND OPENING CELEBRATION (120.25) The City Council considered a communication from Community Services Director Hagan recommending the appointment of three Councilmembers to a City Council Ad Hoc Committee to plan the Pier Plaza Grand Opening Celebration. 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 Councilmember Pam Julien dated September 2, 1997 requesting consideration of appointment to the Pier Plaza Ad Hoc Sub Committee A motion was made by Sullivan, second Garofalo to appoint Mayor Pro Tern Dettloff and Councilmembers Julien and Garofalo to work with staff and community volunteers to plan and implement the grand opening activities for the Pier Plaza next summer. Mayor Pro Tern Dettloff stated that she believed this provides a real opportunity for the city to celebrate and for many people to participate in city activities. She spoke regarding the types of representation that she hopes can come together on this project including schools, cultural groups and musicians. Community Services Director Hagan spoke regarding the cost of the Kaleidoscope Group stating that their cost was not yet negotiated. The motion made by Sullivan, second Garofalo carried unanimously with Councilmember Green absent. (CITY COUNCIL) ADMINISTRATIVE HEARING - APPEAL FILED BY SOUTHERN CALIFORNIA EDISON - PENALTY ASSESSMENT LATE PAYMENT - UTILITY TAX - RECOMMENDED ACTION APPROVED (340.50) The City Council considered a communication from the Deputy City Administrator/Administrative Services Director regarding an appeal filed by the Southern California Edison Company of a penalty assessment for late payment --utility tax. Mayor Bauer announced that this was the time scheduled for an Administrative Hearing to consider the appeal of the assessment of a 15% penalty required by the Huntington Beach Municipal Code for the late payment of utility taxes by Southern California Edison Company. Included in the Council packet was a memorandum from Deputy City Administrator/Administrative Services Director Franz dated August 19, 1997 regarding the Appeal of the Penalty Assessment for Late Submittal of Utility Tax. Deputy City Administrator/Administrative Services Director Franz stated that he believed that Mr. Dominguez, representing Southern California Edison Company, should address Council at this time. 209 Page 14 - Council/Agency Minutes - 09/02/97 Mr. Dominguez stated that he would like to thank staff for their patience and assistance no matter what the outcome of this meeting is. He stated that measures are being taken by the Southern California Edison Company to see that late payment of the collection of utility taxes for the city does not again occur. Mr. Dominguez stated that this is the first time they have been late. He presented their proposal to allow Edison to make their monthly payment to the city four days early for two consecutive months instead of imposing a financial penalty and a waiver of fine. Deputy City Administrator/Administrative Services Director Franz presented a staff report. He stated that this is an informal process; that the ordinance dealing with this subject will be before Council soon. He spoke regarding the city's procedure in strictly enforcing the current ordinance. A motion was made by Garofalo, second Julien to accept Southern California Edison's proposal to allow Edison to make their monthly payment to the city four days early for two consecutive months instead of imposing a financial penalty. Councilmember Sullivan informed Council of the reasons why the alternatives presented for Council's consideration are unacceptable to him. He stated that he believes the late fee charged to the Southern California Edison Company should be similar to the late fee the company charges to its customers. He stated that he believes the current ordinance imposes a fine that is much too high. Mayor Pro Tem Dettloff asked if this was an unusual event and Deputy City Administrator/Administrative Services Director Franz reported that there have been penalties imposed, some fairly large, that had been paid by other companies. He responded to Mayor Pro Tem Dettloff regarding the amount of money the alternatives represented including the alternative presented by Councilmember Sullivan. Discussion was held by Council. The motion made by Garofalo, second Julien carried by the following roll call vote: AYES: Julien, Harman, Bauer, Garofalo NOES: Dettloff, Sullivan ABSENT: Green (CITY COUNCIL) COMMUNICATION FROM COUNCILMEMBER GAROFALO (ANNOUNCED EARLIER DURING THE CITY BUDGET PUBLIC HEARING) REGARDING WATER RESOURCES Councilmember Garofalo stated that he would like to get to the issue of excess water and the need to resolve the issue which is the broad concept of water. Mayor Bauer commented on letters the city received from the county regarding the need to water the Linear Park. Councilmember Sullivan stated that when this is brought forward he would like a report as to whether there are any private land owners in the Linear Park to whom the city would be providing water. 210 09/02197 - City Council/Redevelopment Agency Minutes - Page 15 Councilmember Garofalo stated that County Supervisor Silva should be Kept informed by Mayor Bauer regarding the city's efforts on this subject. (CITY COUNCIL) MEMORANDUM FROM COUNCILMEMBER JULIEN REGARDING ABSENCE AT SEPTEMBER 15, 1997 COUNCIL MEETING (120.40) Councilmember Julien brought Council's attention to her memorandum which informed Council that she will be unable to attend the September 15, 1997 Council meeting. (CITY COUNCIL) ANNOUNCEMENT BY MAYOR BAUER REGARDING ABSENCE SEPTEMBER 8, 1997 STUDY SESSION ON CITY BUDGET Mayor Bauer announced that he will be absent from the September 8, 1997 study session on the city budget. (CITY COUNCNLj fZEQQE ,i FOR DISCUSSION REGARDINf AUNTY EIR (ENVIRONMENTAL IMPACT REPORT) AS IT PERTAINS TO WtNTERSBURG FLOOD CONTROL CHANNEL AND BOLSA CHICA RESTORATION (440.60) The City Council considered a communication from Mayor Bauer requesting Council discussion on the county EIR (Environmental Impact Report) with reference to the Wintersburg Flood Control Channel and possible action to recommend diverting the Wintersburg Flood Control Channel into the new Bolsa Chica Restoration. Mayor Bauer reported on his communication. City Administrator Uberuaga suggested that this item be considered at a study session to allow input from an outside expert on the matter. He stated the issue then could be returned to Council. (CITY COUNCIL) ANNOUNCEMENT BY COUNCILMEMBER GREEN REGARDING ABSENCE AT THE SEPTEMBER 2, 1997 COUNCIL MEETING Mayor Bauer announced that Councilmember Green, pursuant to his communication to Council, will be unable to attend the September 2, 1997 Council meeting. 211 Page 16 - Council/Agency Minutes - 09/02/97 ADJOURNMENT - CITY COUNCILIREDEVELOPMENT 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, September 8, 1997 at 5:00 p.m. in the Council Chamber, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk City CI rk and ex -off icio Clerk ofthe City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California 41441f ' Mayor/Chairman 212