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HomeMy WebLinkAbout1997-12-01MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Huntington Beach, California Monday, December 1, 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 is on file in the Office of the City Clerk CALL TO ORDER Mayor Bauer called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Harman, Dettloff, Bauer, Sullivan, Green, (Julien arrived 5:10 p.m., Garofalo arrived 5:05 p.m.) Absent: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS There were no persons present to address Council regarding the closed session items scheduled on the agenda. MOTION REGARDING THE NEED TO TAKE ACTION ON AN ITEM WHICH AROSE SUBSEQUENT TO THE POSTING OF THE AGENDA - APPROVED A motion was made by Harman, second Bauer, regarding the need to take action regarding Unlawful Work Stoppage which arose subsequent to the posting of the agenda pursuant to Government Code Section 54954.2(b). The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green NOES: None ABSENT: Julien, Garofalo 353 Page 2 - Council/Agency Minutes- 1211197 MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80) A motion was made and seconded to recess the City Council to closed session to consider the following items. The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green NOES: None ABSENT: Julien, Garofalo Closed Session - City Council pursuant to Government Code Section 54956.9(c) to confer with its City Attorney regarding Pending Litigation - Subject: Unlawful Work Stoppage - Number of Potential Cases 1. (120.80) 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) RECONVENE The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber. ACTIONS FROM CLOSED SESSION (120.80) City Attorney Hutton reported that there were no reportable actions of the City Council as a result of the closed sessions. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE - By Marina High School Government Club, Robert Pazornich, President. 354 1211197 - City CouncillRedevelopment Agency Minutes - Page 3 LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK Pursuant to the Brown Act (Open Meetings Act), the City Clerk announced the following late communications regarding agenda items which had been received following the distribution of the agenda. She announced the availability of these items at her desk and also at the City Clerk's Office Tuesday morning. Slide presentation from the Acting City Administrator entitled "Preliminary Update of the Two - Year Budget" Santa Ana River Crossings Environmental Impact Report Funding Appropriation Communication from Rita Healy, property owner, dated November 26, 1997 regarding the Adult Business Ordinance Update Mobile Home Advisory Board Member At Large Appointment - Slide Report Communication and corrected communication from Sherry Smith Mancini, Star Real Estate representative and President -Elect of the Orange County Association of Realtors, dated December 1, 1997 regarding the proposed policy for management of senior apartments Communication from Susan Harris, President, AM/PM Property Management, dated December 1, 1997 opposing the proposed policy for management of senior apartments Communication from W. Anne Pugh dated December 1, 1997 opposing the proposed policy for management of senior apartments Communication from Raymond Maggi, Vice President, Legislative Council, Apartment Association of Orange Council, dated December 1, 1997 regarding proposed policy for management of senior apartments requesting continuance STATE OF THE CITY ADDRESS AND PRESENTATIONS BY MAYOR BAUER Mayor Bauer made a State of the City Address and made presentations to fellow City Council members. MAYOR PRO TEMPORE SHIRLEY DETTLOFF ELECTED MAYOR The City Clerk announced that the Office of Mayor is now vacant and called for a motion to elect a new Mayor. A motion was made by Green, second Harman, to elect Mayor Pro Tempore Shirley Dettloff as Mayor by acclamation. 355 Page 4 - Council/Agency Minutes- 1211197 All Councilmembers rose and gave a standing ovation electing Shirley Dettloff Mayor by acclamation. The City Clerk administered the Oath of Office to the new Mayor. COUNCILMEMBER PETER GREEN ELECTED MAYOR PRO TEMPORE A motion was made by Garofalo, second Julien, to elect Councilmember Peter Green as Mayor Pro Tempore by acclamation. All Councilmembers rose and gave a standing ovation electing Peter Green Mayor Pro Tempore by acclamation. PRESENTATIONS BY PUBLIC GROUPS Nancy Donaven, Balsa Chica Land Trust, and Tom Livengood, Amigos de Balsa Chica representative, made presentations to Mayor Dettloff and former Mayor Bauer in appreciation for their service to the community. The City Council, staff and audience recessed to a reception in adjacent Rooms B-6 And 13-7 following a statement by Mayor Shirley Dettloff and the Mayor's presentation of the Ultimate Challenge Surfer Statue to outgoing Mayor Bauer. RECONVENE The meetings were reconvened at 8:20 p.m. (CITY COUNCIL) COUNCIL COMMITTEE REPORT BY MAYOR PRO TEM GREEN REGARDING LEAGUE OF CALIFORNIA CITIES COMMITTEE ON ENVIRONMENTAL QUALITY Mayor Pro Tern Green informed the City Council of his appointment to the League of California Cities Committee on Environmental Quality. He stated that if the City Councilmembers or any citizens would like to provide any items with which they have concern he will be glad to bring them to the attention of the committee. (CITY COUNCILlREDEVELOPMENT AGENCY) ACTING CITY ADMINISTRATOR'S REPORT - PRELIMINARY UPDATE OF THE TWO-YEAR BUDGET The following late communication had been announced earlier in the meeting by the City Clerk. She again announced the communication for the record: City Administrator's Report ---Slide presentation from the Acting City Administrator entitled "Preliminary Update of the Two -Year Budget". 356 1211197 - City Council/Redevelopment Agency Minutes - Page 5 Acting City Administrator Silver presented a budget update, referring to the slide report titled "Preliminary Update of the Two -Year Budget" dated December 1, 1997. PUBLIC COMMENTS EURIE JENNINGS addressed Council regarding her school project - "Help To Remind Kids To Stay Away From Strangers". She requested Council's assistance in implementation of her plan as set forth in her letter on the subject which she distributed to the City Council and provided to the City Clerk. ANN SPIEGEL requested that Council exclude Springdale Street from the proposed ordinance as it is so attached to the Heil Avenue problem due to its proximity to St. Bonaventure School and Carr Park on two comers. She spoke regarding her previous comments to Council and some of the input contained in her two letters to Council of October and November. She then read her letter dated December 1, 1997 titled Heil Street Signage - 25 M.P.H. which included the request that truck signs be removed, Ms. Spiegel's letter included the recommendation that speeders could be easily monitored and cited by a computerized camera system such as used in the City of Pasadena. DEAN ALBRIGHT addressed Council regarding his concern that Huntington Beach hazardous waste is being transported to the city's ocean sites from sites such as Glen Avon and Stringfellow Dump in Riverside County through the Orange County Sanitation District pipeline. He requested that the City of Huntington Beach present opposition to this matter. PAT DAVIS addressed Council regarding the reasons why she applied for membership on the Mobile Home Advisory Board. She informed Council that Bob Zinngrabe, representative of Delma Pacifica, would like to serve on a committee on the management of senior apartments should. one be formed. (This item appears on the latter part of the City Council Agenda and is submitted by Mayor Dettloff.) (CITY COUNCIL) PUBLIC HEARING - RESOLUTION NO. 97-80 - ADOPTED - STREET NAME CHANGE - CRYSTAL STREET TO GOTHARD STREET Mayor Dettloff announced that this was the meeting set for a public hearing to consider the following: Communication from the Fire Chief regarding the public hearing for the purpose of considering the change of the street name of Crystal Street to Gothard Street Due to the realignment of Crystal Street with Gothard Street by the PLC Land Company as part of a Development Agreement with the City of Huntington Beach. The future plans show Gothard Street proceeding south and intersecting with Main Street just south of Clay Avenue. The new alignment with Main Street allowed removal of Gothard Street and eliminated the troublesome five -way intersection at Gothard, Main, and Garfield resulting in a more efficient traffic flow and improved emergency vehicle response in the area. Because Gothard Street is a major artery through the city, one name is preferred. 357 Page 6 - Council/Agency Minutes- 1211197 An area map detailing the realignment is available for review by the public at City Hall, 2000 Main Street, in the City Clerk's Office between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Interested persons may also contact the Fire Department at 2000 Main Street, Huntington Beach, California 92648 to receive additional information. All property owners on Crystal Street from Ernest Avenue south to Clay Avenue affected by the proposed street name change have been notified. Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. Fire Chief Dolder presented a staff report. Mayor Dettloff declared the hearing open. The City Clerk called the name of Michael Ramsey. Mayor Dettloff informed the City Clerk that she believed Mr. Ramsey had to leave due to the lateness of the hour. She stated that she believed Mr. Ramsey was in support of the proposed street name change. There being no one to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by Mayor Dettloff. A motion was made by Garofalo, second Bauer to approve the recommended action as follows: Adopt Resolution No. 97-80 - "A Resolution of the City Council of the City of Huntington Beach Providing for the Change of Street Name of Crystal Street to Gothard Street." The motion carried by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff, Bauer, Julien, Garofalo NOES: None ABSENT: Norte ITEM REMOVED FROM AGENDA The following item was removed from the agenda at the request of Acting City Administrator Silver: Authorization To Award Construction Contract To SMC Construction Company For The Edison Community Park Restroom ADA (Americans With Disabilities Act) Renovation Project - CC-1057 358 1211/97 - City Council/Redevelopment Agency Minutes - Page 7 CONSENT CALENDAR - ITEMS REMOVED The following items were removed from the Consent Calendar for separate consideration: ATM (Automated Teller Machine) At The Central Library And Cultural Center - Goldenwest Street/Talbert Avenue Notice Of Completion - For Talbert Avenue Highway Rehabilitation - Between Gothard and Newland Streets - CC-900 - Excel Paving Company Contract For Executive Search Consultant For The Recruitment Of City Administrator - Hughes, Perry and Associates Santa Ana River Crossings Environmental Impact Report Funding Appropriation CONSENT CALENDAR - ITEMS APPROVED On motion by Green, second Garofalo, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff, Bauer, Julien, Garofalo NOES: None ABSENT: None (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - APPROVED AND ADOPTED Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings held on October 6, 1997 and November 17, 1997 as written and on file in the Office of the City Clerk. (CITY COUNCIL) APPROVED COMPENSATION FOR FIRE DEPARTMENT SPECIAL ASSIGNMENTS (720.10) -Authorized the Acting City Administrator to provide a 5% compensation increase to two Fire Division Chiefs and the Fire Department Analyst Senior beginning November 1, 1997 and lasting until the Acting Assistant City Administrator/Fire Chief is returned to his normal duties as Fire Chief. (CITY COUNCIL) ADOPTED RESOLUTION NO.97-81 - TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. 003 TO STATE OF CALIFORNIA MASTER AGREEMENT FOR THE YORKTOWN AVENUE VERTICAL REALIGNMENT PROJECT - CC-910 (600.20) - Adopted Resolution No. 97-81 - "A Resolution of the City Council of the City of Huntington Beach Authorizing the Mayor and City Clerk to Execute Program Supplement No. 003 to Agreement 12-5181 Modified November 29, 1995 for Yorktown Avenue from Coldwater Lane to Vasile Circle." 359 Page 8 - Council/Agency Minutes- 1211/97 (CITY COUNCIL) APPROVED NOTICE OF COMPLETION FOR RESURFACING OF VARIOUS LOCAL STREETS - MSC-387 - ALL AMERICAN ASPHALT (600.50) - Accepted the project completed by All American Asphalt on the resurfacing of various local streets, MSC- 387, for a total contract cost of $399,397.71 and authorized the City Clerk to file the Notice of Completion with the Orange County Recorder. (CITY COUNCIL) APPROVED AUTHORIZATION TO USE BUDGETED CONTRACT FUNDS AND EXISTING CONTRACTS WITH SFA, INC. AND ESGIL, INC. - TO PERFORM PLAN REVIEW AND STAFFING SERVICES (600.10) - Approved and authorized the use of budgeted contract funds in Program CD-234 to provide professional plan review and staffing services using existing contracts with SFA, Inc. and EsGil, Inc. (CITY COUNCIL) APPROVED ACQUISITION OF PROPERTY FROM FROSTIROBRECHT FOR (NEW) GOTHARD STREET RIGHT-OF-WAY BETWEEN GARFIELD AVENUE AND CLAY STREET - HOLLY-SEACLIFF DEVELOPMENT AGREEMENT - APN 110-150-19, 20 (650.80) - 1. Approved the acquisition of Assessor Parcel No. 110-150-19, 20; 2. Authorized approval of the escrow instructions by Administrative Services; and 3. Accepted the easement deed from FrostlRobrecht for the parcel described herein and authorized acceptance by the City Clerk with recording to follow through indicated escrow. (CITY COUNCIL) APPROVED AGREEMENT BETWEEN THE CITY AND KINKLE, RODIGER AND SPRIGGS, ATTORNEYS AT LAW - MAMOLA V. LOWENBERG, ET AL OCSC CASE NO.77 74 88 - ACCEPTED INCREASED INSURANCE DEDUCTIBLE (600.10) - Approved Agreement between the City of Huntington Beach and Kinkle, Rodiger and Spriggs, Attorneys at Law, for Legal Services Regarding Mamola v. Lowenberg, et al to represent the individual city defendants at an hourly rate of $135.00; approved an insurance deductible of $50,000, and authorized the Mayor to sign and the City Clerk to attest to the contract. (CITY COUNCIL) APPROVED ASSISTANCE OF DAVID M. GRIFFITH AND ASSOCIATES, LTD. TO THE CITY IN FILING CLAIMS FOR STATE -MANDATED COST REIMBURSEMENTS - AGREEMENT BETWEEN CITY AND DAVID GRIFFITH AND ASSOCIATES (600.10) - Approved and authorized execution of the Agreement between the City of Huntington Beach and David M. Griffith and Associates, Ltd. for Preparation and Filing of Claims for State Mandated Cost Reimbursements. (CITY COUNCIL) APPROVED ATM (AUTOMATED TELLER MACHINE) AT THE CENTRAL LIBRARY AND CULTURAL CENTER - GOLDENWEST STREETITALBERT AVENUE (600.10) The City Council considered a communication from the Library Services Director recommending approval of a license agreement between the City of Huntington Beach and Downey Savings and Loan for an automated teller machine (ATM) at the Central Library and Cultural Center. K.1 1211197 - City Council/Redevelopment Agency Minutes - Page 9 Mayor Pro Tern Green informed the Council that he believed an error had been made on the agenda and that the words "and approve deposit of revenue into the Library Services Fund Account No. R-LX-LS-390-831-00" should not have been included on the agenda. He stated that the Request for Council Action document in the Council packet did not contain this wording. It was determined the Council agenda contained this error. A motion was made by Green, second Garofalo, to approve and authorize execution by the Mayor and City Clerk of the License Agreement between the City of Huntington Beach and Downey Savings and Loan for an ATM (automated teller machine) at the Central Library and Cultural Center. The motion carried by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff, Bauer, Julien, Garofalo NOES: None ABSENT: None (CITY COUNCIL) APPROVED NOTICE OF COMPLETION - FOR TALBERT AVENUE HIGHWAY REHABILITATION - BETWEEN GOTHARD AND NEWLAND STREETS - CC-900 - EXCEL PAVING COMPANY (600.50) The City Council considered a communication from the Public Works Director recommending approval of a Notice of Completion for Talbert Avenue Highway Rehabilitation between Gothard and Newland Streets - CC-900. Public Works Director Jones responded to Councilmember Harman's questions regarding from where the funding will be derived to repair arterials now that the county does not provide the Arterial Highway Financing Program funds. He reported on the review being done by the Orange County Transportation Authority; also the loss of gas tax funding due to there being more fuel efficient cars. Public Works Director Jones also reported on possibilities for funding but stated that there is no clear source. He stated that this is one of the outstanding issues in the IIMP (Integrated Infrastructure Management Program) funding. Councilmember Bauer asked if there is a possibility that Arterial Highway Financing Program funding will be reinstated when the county bankruptcy is cleared. Public Works Director Jones reported that this is not known. Councilmember Bauer spoke regarding the need to lobby the Board of Supervisors in an effort to reinstate Arterial Highway Financing Program funding. A motion was made by Harman, second Green to accept the improvements placed on Talbert Avenue between Gothard Street and Newland Street; CC-900 completed by Excel Paving at a final cost of $357,994.64 and to authorize the City Clerk to file a Notice of Completion with the Orange County Recorder. The motion carried by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff, Bauer, Julien, Garofalo NOES: None ABSENT: None 361 Page 10 - Council/Agency Minutes- 1211197 (CITY COUNCIL) APPROVED CONTRACT FOR EXECUTIVE SEARCH CONSULTANT FOR THE RECRUITMENT OF CITY ADMINISTRATOR - HUGHES, PERRY AND ASSOCIATES AND APPROVED WAIVER OF CERTAIN INSURANCE REQUIREMENTS (600.10) The City Council considered a communication from the Personnel Director recommending approval of a contract between the City and Hughes, Perry and Associates for the hiring of an executive search consultant for the recruitment of a City Administrator. Councilmember Garofalo stated the reasons why he opposed this item including that he believes it would reduce the General Fund level and that the city has a most competent person, Ray Silver, currently performing these duties. A motion was made by Sullivan, second Harman to waive the Professional Liability Insurance and Indemnification clauses in the contract and approve the Professional Services Contract between the City of Huntington Beach and Hughes, Perry and Associates to Provide an Executive Search with changes and authorize the Mayor and City Clerk to execute same on behalf of the city. The motion carried by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff, Bauer, Julien NOES: Garofalo ABSENT: None (CITY COUNCIL) SANTA ANA RIVER CROSSINGS ENVIRONMENTAL IMPACT REPORT FUNDING APPROPRIATION - APPROVED The City Council considered a communication from the Public Works Director recommending an appropriation of $15,000.00 from the unencumbered General Fund for the city's contribution to the Santa Ana River Crossings Environmental Impact Report. This item had been omitted from the agenda in error; however, the supporting material had been provided to the City Council in their Council packets. Pursuant to Government Code S. 54954.2(b)(2), Councilmember Harman, second Sullivan, made a motion that the need to take action on Santa Ana River Crossings Environmental Impact Report Funding Appropriation arose subsequent to the agenda being posted. The motion carried by the following roll call vote: AYES:- Sullivan, Harman, Green, Dettloff, Bauer, Julien, Garofalo NOES: None ABSENT: None The following late communication had been announced earlier in the meeting by the City Clerk: Santa Ana River Crossings Environmental Impact Report Funding Appropriation 362 1211197 - City Council/Redevelopment Agency Minutes - Page 11 A motion was made by Garofalo, second Green, to approve an appropriation of $15,000.00 from the unencumbered General Fund for the city's contribution to the Santa Ana River Crossings Environmental Impact Report. The motion carried by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff, Bauer, Julien, Garofalo NOES: None ABSENT: None (CITY COUNCIL) INTRODUCTION OF ORDINANCE NO. 3378 - SEX ORIENTED (ADULT) BUSINESS ORDINANCE - ZONING TEXT AMENDMENT NO. 97-4 - PUBLIC HEARING CLOSED ON NOVEMBER 17, 1997 - DECISION CONTINUED TO DECEMBER 15, 1997 The City Council considered a communication from the Community Development Director transmitting proposed Ordinance No. 3378 - "An Ordinance of the City of Huntington Beach Amending Chapters 204, 211, 212, 231 and 236 of the Huntington Beach Zoning and Subdivision Ordinance Changing the Zoning Designation for Sex Oriented Businesses (ZTA No. 97-4" The following late communication had been announced earlier in the meeting by the City Clerk: Communication from Rita Healy, property owner, dated November 26, 1997 regarding the Adult Business Ordinance Update Applicant: City of Huntington Beach Application No.: Zoning Text Amendment No. 97-4 Location: Industrial Districts within the City of Huntington Beach which meet the locational criteria. The industrial zoning districts include Industrial Limited (IL) and Industrial General (IG). Request: The proposed amendment to the zoning ordinance will remove sex oriented (adult) businesses from the Commercial Districts and allow sex oriented (adult) businesses in the General Industrial (IG) and Limited Industrial (IL) Districts. The proposed amendment will also require sex oriented (adult) businesses to be at least 1,000 feet from any other sex oriented (adult) business, 500 feet from any school (public or private), religious assembly (church), park and recreational facility, any parcel zoned Residential Low (RL), Residential Medium (RM), Residential Medium High (RMH), Residential High (RH), or Manufactured Home Park (RMP). The specific chapters of the Huntington Beach Zoning and Subdivision Ordinance to be amended are as follows: 1. To amend Chapter 204, Use Classifications, Section 104.10, Commercial Use Classifications, by deleting A. Adult business: 2. To amend Chapter 204, Use Classifications, Section 204.10, Commercial Use Classifications, by adding Z. Sex Oriented Businesses 3. To amend Chapter211, Commercial Districts, Section 211.04, Commercial Uses, by deleting Adult Businesses (excluding massage establishments) and Adult Businesses (massage establishments). The proposed amendments will exclude sex oriented (adult) businesses in the Commercial Districts and will classify existing sex oriented (adult) businesses in the Commercial Districts as non -conforming. 4. To amend Chapter 212, Industrial Districts, Section 212.04, Commercial Uses, by adding Sex Oriented Business. 363 Page 12 - Council/Agency Minutes- 1211197 5. To amend Chapter 231, Off -Street Parking and Loading Provisions, Section 231.04, Off - Street Parking and loading Spaces Required. 6. To amend Chapter 236, Nonconforming Uses and Structures. A motion was made by Harman, second Green, to continue decision on Zoning Text Amendment No. 97-4 and Introduction of Ordinance No,. 3378 to the meeting of December 15, 1997. The motion carried by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff, Bauer, Julien NOES: None ABSENT: Garofalo (out of room) (CITY COUNCIL) APPROVAL OF CITY RESPONSES TO THE FINDINGS AND RECOMMENDATIONS FROM THE ORANGE COUNTY GRAND JURY REPORT - ENTITLED WATER DISTRIBUTION AND WATER RATE WITHIN ORANGE COUNTY The City Council considered a communication from the Public Works Director informing Council that the Orange County Grand Jury has completed the report entitled Water Distribution and Rates Within Orange County. The report cites a number of findings and makes recommendations regarding water rate setting activities. Per California Penal Code, the city must respond to these findings and recommendations by December 28, 1997. A motion was made by Green, second Bauer, to approve the attached draft letter of response to the Orange County Grand Jury which in summary states that: 1. The city feels the Grand Jury finding that "public involvement to assure understanding, cooperation, and consensus is lacking in the water rate setting process" does not apply in Huntington Beach, and 2. The city agrees with the Grand Jury's recommendations on citizen involvement in water rate setting as illustrated by its own past and current practices. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green NOES: None ABSENT: Garofalo (out of the room) (CITY COUNCIL) APPROVED APPOINTMENT TO THE MOBILE HOME ADVISORY BOARD - MEMBER AT LARGE POSITION - TOM DEGUELLE The City Council considered a communication from the Economic Development Director regarding the need to fill a member at large position on the Mobile Home Advisory Board. Councilmember Garofalo resumed his place at the Council table. Economic Development Director Biggs presented a staff report using a slide report titled "Mobile Home Advisory Board - Membership At Large Appointment." 364 1211197 - City Council/Redevelopment Agency Minutes - Page 13 The following late communication had been announced earlier in the meeting by the City Clerk: Mobile Home Advisory Board MemberAt Large Appointment - Slide Report. Mayor Pro Tem Green gave reasons why he recommended the appointment of Pat Davis including surveys which showed there is a large number of seniors residing in mobile home parks, and Pat Davis has background in working with the senior population. He also referred to the Mayor's item on the agenda relative to the proposed policy of management of senior apartments which showed the importance of a person with such skills to work with the seniors. Councilmember Sullivan stated that he, too, believes Pat Davis is a good appointee; however, as it has been stated, Ms. Davis is very active as a volunteer, and he believes others in the community should have an opportunity to serve on this committee. He spoke regarding the merits of Mr. DeGuelle for this appointment. A motion was made by Sullivan, second Harman, to approve the appointment of Tom DeGuelle as a permanent member to the Mobile Home Advisory Board for a term of four years - term expiration date to be August 5, 2001. Councilmember Garofalo stated that he believed that the City Council liaison members should again study the matter and return to Council with a unanimous decision. He stated that he believes Ms. Davis would be exemplary in her work on this committee. Mayor Dettloff stated that she believes Ms. Davis brings the highest qualifications to the position. The Mayor stated that she had received many calls from residents in mobile home parks requesting the appointment of Mr. DeGuelle. The motion made by Sullivan, second Harman, carried by the following roll call vote: AYES: Sullivan, Harman, Dettloff, Bauer NOES: Green, Julien, Garofalo ABSENT: None (CITY COUNCIL) ADOPTED ORDINANCE NO. 3377 - REGULATION OF TAXI CABS AND VEHICLES FOR HIRE The City Council considered a communication from the Police Chief transmitting proposed Ordinance No. 3377 for the regulation of taxi cabs and vehicles for hire - "An Ordinance of the City of Huntington Beach Amending Chapter 5.48 of the Huntington Beach Municipal Code Pertaining to the Regulation of Taxi Cabs and Vehicles for Hire." The motion made by Green, second Sullivan, to adopt Ordinance No. 3377 following a reading by title by the City Clerk. The motion carried by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff, Bauer, Julien, Garofalo NOES: None ABSENT: None 91 Page 14 - Council/Agency Minutes- 12/1197 (CITY COUNCIL) ADOPTED ORDINANCE NO. 3380 - CHANGES TO CITY WIDE SPEED LIMIT ORDINANCE ON STREETS AND HIGHWAYS - ADOPTED AS AMENDED TO PROVIDE RECOMMENDATIONS FOR SPEED LIMIT ON HEIL AVENUE AT COUNCIL MEETING IN JANUARY, 1998 (580.60) The City Council considered a communication from the Public Works Director recommending adoption of Ordinance No. 3380 relative to changes to the citywide speed limit ordinance on streets and highways. Also presented was a document titled Updated Request for Council Action from the Public Works Director Dated December 1, 1997 Regarding Clarification of Council Action on November 17, 1997 Regarding the Adoption of Citywide Speed Limits. A communication from Werth Helm, resident of Seabreeze Mobile Home Park, dated November 16, 1997 requesting reduction of the speed limit on Heil Avenue had been received by the City Clerk and distributed to Council in the Council packet. A motion was made by Green, second Bauer, to adopt Ordinance No. 3380 as amended following a reading by title by the City Clerk - "Air Ordinance of the City of Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code Pertaining to Speed Limits on City Streets." Councilmember Garofalo stated that he is expecting a report which will recommend a significant reduction of the speed limit on Heil Avenue. The motion made by Green, second Bauer, carried by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff, Bauer, Julien, Garofalo NOES: None ABSENT: None (CITY COUNCIL) REPORT REQUESTED BY COUNCILMEMBER HARMAN REGARDING PUBLIC COMMENT ON TOXIC EFFLUENT PIPELINE - ORANGE COUNTY SANITATION DISTRICT Councilmember Harman commented on the issue brought to the City Council's attention relative to the possibility of toxic effluence being pipelined directly to the city's ocean sites from Glen Avon/Stringfellow in Riverside County to Huntington Beach via Orange County Sanitation District. He asked the Acting City Administrator to review. Mayor Dettloff stated that she and Councilmember Sullivan as Orange County Sanitation District members would also review. 366 1211/97 - City Council/Redevelopment Agency Minutes - Page 15 (CITY COUNCIL) PROPOSED POLICY FOR MANAGEMENT OF SENIOR APARTMENTS - MAYOR'S RECOMMENDATION APPROVED AS AMENDED - STAFF REPORT TO BE PRESENTED (100.10) The City Council considered a communication from then Mayor Pro Tem Dettloff dated November 24, 1997 requesting staff and the City Attorney to draft a policy for review and approval by Council for all senior projects approved within the city. The policy needs to include proof of management skills by education or certification which meet the following criteria: 1. Knowledge of basic social service needs of the elderly; 2. The ability to identify social service needs and the resources available to meet those needs; and 3. Minimum qualifications to have training and/or experience in social work, human services, gerontology, and apartment management. The following late communications had been announced earlier in the meeting by the City Clerk: Communication and corrected communication from Sherry Smith Mancini, Star Real Estate representative and President -Elect of the Orange County Association of Realtors, dated December 1, 1997 regarding the proposed policy for management of senior apartments Communication from Susan Harris, President, AM/PM Property Management, opposing the proposed policy for management of senior apartments Communication from W. Anne Pugh, dated 12/1/97 opposing the proposed policy for management of senior apartments Communication from Raymond Maggi, Vice President, Legislative Council, Apartment Association of Orange Council, dated December 1, 1997 regarding proposed policy for management of senior. apartments requestings continuance Mayor Dettloff presented reasons why she had brought this item to the Council's attention. She stated that during meetings with staff it was learned that many cities have such a procedure. The Mayor requested that the City Attorney return with information. City Attorney Hutton reported on the matter and suggested that perhaps an ombudsman or meeting with the apartment owners would be advisable. Councilmember Sullivan stated his concern with the project management which has been confirmed by the Orange County Fair Housing Commission. He spoke regarding the fact that when the project was started, the developer came to the city and obtained city money. He stated he believes the city should learn from its past mistake of giving a developer money but having no control. He requested a report from the Economic Development Director including city controls in situations where the city provides funding. 367 Page 16 - Council/Agency Minutes-1211197 A motion was made by Green, second Garofalo, to direct staff and the City Attorney to draft a policy for review and approval by the City Council for proof of management shills by education or certification of management personnel of senior citizen apartments for all projects approved within the city and to include Councilmember Sullivan's request that the Economic Development Director review the agreement with Five Points Senior Complex wherein the city contributed funding to determine the feasibility of including management proficiency training in terms of the agreement. The motion carried unanimously. ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:45 p.m. to Monday, December 8, 1997, at 5:00 p.m. in the Council Chamber, Civic Center, 2000 Main Street, Huntington Beach, California. ®. f City C a 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 ATTEST: City Clerk/Clerk yor/Chairman