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HomeMy WebLinkAbout1998-01-05MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Monday, January 5, 1998 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 Dettloff 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: Julien, Green, Dettloff, Bauer, Sullivan, Garofalo (Harman arrived at 5:03 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. JOINT STUDY SESSION BETWEEN CITY COUNCIL AND INVESTMENT ADVISORY BOARD - REPORT ON INVESTMENTS (310.10) Roll Call - Investment Advisory Board: Present: Turicchi, Bernard, Ely, Hall Absent: Glass, Wincheli City Treasurer Freidenrich introduced outgoing Investment Advisory Board Member and Chairperson Gloria Winscott to the members of the City Council. City Treasurer Freidenrich informed Council of the valuable contribution Ms. Winscott has made to the Investment Advisory Board. She stated Ms. Winscott's expertise would be missed by the city. Ciiv Page 2 - Council/Agency Minutes - 01/05/98 City Treasurer Freidenrich presented a California Debt Advisory Commission video. The video presentation had an introduction by Matt Fong, California State Treasurer. The video was developed for the benefit of elected officials. Topics covered in the video included public funds, investing and marketing, cash management, making cash management proactive, relationship between yield and risk, and the fact that safety, liquidity, and yield, in that order, are the criteria which must be followed. The video included guidelines for oversight by elected officials. City Treasurer Freidenrich introduced Michael Swan and Howard Herring, representatives of Everen Securities. A video titled "Investing Public Funds An Overview" dated January 5, 1998 was presented. This video presentation was prepared by the firm of Everen Securities. Michael Swan presented the qualifications of Mr. Herring and himself. The video included the following topics: investing public funds; what is risk?; how does a local government control risk?; how does the City Treasurer protect the City's funds?;and the Municipal Treasurer's Golden Rule. Discussion was held regarding investments in the state's LAIF(Local Agency Investment Fund) program. The procedures by which some cities, with their Council approval, are engaging in agressive trading was clarified to Council; however, in response to Councilmember Green, the Everen representatives strongly advise against such procedures. City Treasurer Freidenrich responded to Councilmember Harman's questions regarding who makes decisions as to which types of investments to make. City Treasurer Freidenrich informed Council of the process whereby investment decisions are made. She stated that it was through work of advisors, her staff and herself and that she makes the decision. Warren Hall, Investment Advisory Board Member, informed Council of what he perceives is the role of the Investment Advisory Board. He stressed that the City Treasurer has the responsibility and that is the way he believes it should be. Councilmember Garofalo stated his concerns regarding the cash management plan. Mr. Swan, representing Everen Securities, responded regarding this issue. Current yield curves were addressed by Mr. Herring. City Treasurer Freidenrich stated her intent to work on the cash management plan in cooperation with Deputy City AdministratorlAdministrative Services Director Franz and indicated that additional staffing may be needed to implement the plan. She then addressed Council regarding the definition of the subject of "Marking Investments to Market," a reporting requirement that has arisen as a result of the Orange County bankruptcy and which was covered in the video presentation made earlier in the meeting. The City Council thanked City Treasurer Freidenrich and the members of the Investment Advisory Board for their report and their presence at this meeting. 417 01/05/98 - City Council/Redevelopment Agency Minutes - Page 3 Adjournment The Investment Advisory Board adjourned to January 28, 1998, MOTION TO RECESS TO CLOSED SESSION - APPROVED (120,80) A motion was made by Garofalo, second Green, 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) (Redevelopment Agency) 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 Agency is a party. The title of the litigation is Bloom v. City of Huntington Beach - Orange County Superior Court Case No. 67 13 06 or Fourth District Civ. No. G015412. Subject: Bloom v. Redevelopment Agency. (400.50) 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 Metzger, etc. et. al. vs. City of Huntington Beach - Orange County Superior Court Case No. 764322. Subject: Metzger, etc. et. al. vs. City of Huntington Beach. (120.80) (Redevelopment Agency) Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, David Biggs, Ray Silver and Murray Kane, regarding negotiations with Waterfront Development LLC concerning the lease of the property commonly known as the Waterfront site located at the northwest corner of Beach Boulevard and Pacific Coast Highway, APN 024-250-73; 024-250-76; and 024-250-49. Subject: Waterfront Lease Renegotiations. (400.50) RECONVENE Mayor Dettloff reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:21 P.M. CITY COUNC1L(REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: None 418 Page 4 - Council/Agency Minutes - 01/05/98 FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by Mayor Pro Tem Green. CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Pursuant to the Brown (Open Meetings) Act, City Clerk Brockway announced the following late communications regarding Agenda Items which had been received following distribution of the agenda: Slide report titled Investment Advisory Board City Council /Joint Study Session Slide report prepared by Everen Securities dated January 5, 1998, titled "Investing Public Funds - An Overview" Slide report from the Economic Development Department dated January 5, 1998, titled Consolidated Plan Amendments City Council Public Hearing for the Community Development Block Grant Program Revised Executive Summary- David Griffith and Associates received from the Police Department by the City Clerk during the Council meeting - relative to the Police helicopter purchase Memorandum from Public Works Director Jones to the Acting City Administrator Silver dated December 30, 1997 titled OCTA City Cooperation relative to Orange County Transit Authority Grants PRESENTATION - By Mayor Shirley Dettloff and Community Services Director Ron Hagan to Mr. Mark Vliss, Finance Director, Norm Reeves Honda Superstore, representing Norm Reeves Honda Employees in appreciation of a $4,000.00 donation by Norm Reeves Employees to the Oak View Community Center and to Project Self -Sufficiency. (160.40) PRESENTATION - By Mayor Shirley Dettloff of the Mayor's Award to Daryl Smith, Superintendent, Park, Tree, and Landscape Division, for his 38 years of exemplary service to the people of the City of Huntington Beach. (160.40) CITY ATTORNEY'S REPORT REGARDING MOTION TO QUASH TWO SUBPOENAS DUCES TECUM - REGARDING ZAGUSTIN RESIDENCE - MORSE CIRCLE City Attorney Hutton read her memorandum dated January 5, 1998 to the Honorable Mayor Dettloff and the City Councilmembers titled Subject: Agenda Item H-5D. The memorandum, on file in the City Clerk's Office, described the reasons for the city's motion to quash two subpoenas duces tecum served by David Flynn regarding the Zagustin residence on Morse Circle. She informed Council that the matter was heard by Superior Court Judge Fenton on 419 01/05/98 - City Council/Redevelopment Agency Minutes - Page 5 January 5, 1998; that the court granted the City's motion to quash based on the fact that the material was integral to an ongoing investigation. MAYOR ANNOUNCES ITEM REMOVED FROM THE CITY COUNCIL AGENDA - PROPOSED .JOB CENTER ON GOTHARD STREET Mayor Dettloff announced that the communication from Chief of Police Lowenberg transmitting a proposed license agreement between the City and County regarding the proposed job center on Gothard Street would be removed from the agenda and scheduled at a later date. PUBLIC COMMENTS BRAD HAGEN addressed Council regarding the need to fix sewers and city walls that are crumbling. He stated that he believes there is a lack of help to city residents in this regard and cited the circumstances of the city wall in his back yard that is falling and which he is unable to have fixed. He stated his concern that the wall could fall on children. Mr. Hagen informed Council that he had asked for a permit to remove the wall and had not received a reply. He informed Council that he had been given an illegal bill by the City Treasurer's Department for work that has not been done. He requested the Council's assistance in this matter. BARBARA BALAZS addressed Council regarding the community's need for Glorria Morrison, Emergency Services Coordinator. She informed Council of the wonderful job that Ms. Morrison does for the city and asked that steps be taken to retain her in the city's employ so that the city does not lose her services to the City of Costa Mesa. ANNA PINTER, CERT Member, cited the accomplishments of Glorria Morrison, Emergency Services Coordinator including writing the city's disaster plan which many times consultants would have to have been paid to do, also developing an education training class in CERT (Community Emergency Response Team). She informed Council that National Geographic Magazine and the press had come to visit the city's Emergency Operations Centerbefore the disaster, not after, and how many cities can say that. She presented her opinion that Ms. Morrison's position should be a city management position. CAM HARRIOT, informed Council that Glorria Morrison, Emergency Services Coordinator, has been offered a management position with the City of Costa Mesa. He spoke regarding the city's need for Ms. Morrison's expertise and urged Council to properly reward her position and to retain her as a city employee. BOB STONE, spoke regarding the problem of the Zagustin residence on Morse Circle. He stated his disagreement with the City Attorney's action in this regard. DENISE STONE, stated that her residence is across the street from the Zagustin residence. She stated what she believed are health and fire hazards of the residence and informed Council that no one should have to live across the street from this residence. She requested the City Council's assistance. EPIC Page 6 - Council/Agency Minutes - 01l06198 DAVID FLYNN, spoke regarding the City Council's previous direction relative to the Morse Circle residence. He spoke regarding his disagreement with the action taken by the City Attorney's Office in court which he believed blocked the residents ability to obtain the evidence. TOM DOTSON, President of CERT, spoke regarding the need to retain Glorria Morrison in the position of the city's Emergency Services Coordinator. He thanked the City Council and Acting City Administrator Silver and Fire Chief Dolder for returning their calls as they know staff and Council was unaware of the matter. He spoke regarding how detrimentally the city will be affected by the loss of Ms. Morrison in this position. DAVID TAMARIN, CERT Member, spoke regarding the value of Ms. Morrison as Emergency Services Coordinator to the entire community. He spoke regarding the SEMS (Standardized Emergency Management System) Project which Ms. Morrison coordinated and which is how the City of Costa Mesa became familiar with her work. He stated that he believed Ms_ Morrison's position should be a city management position. ELLIE SCHAFFNER, spoke regarding the problem of her mail through the years accidentally going to Mrs. Zagustin's home as they have the same house numbers on different streets. She spoke regarding the difficulty in obtaining her mail. She requested Council's assistance with the Morse Circle residence problem. MEREDITH MEDANICH, informed Council that her residence is behind Mrs. Zagustin's residence. She requested that the problem be resolved. TOM MEDANICH, addressed Council the problem of the Morse Circle residence. He requested code enforcement in this matter. DICK WHITE, CERT Member, stated that Glorria Morrison had not asked the CERT Members to come to this Council meeting, but they had come to inform Council of her dedicated loyalty and leadership. JIM HICKS, CERT Member, spoke regarding the work of the volunteers who made it possible for sandbags to be available to senior residents. He stated that this work was planned by Emergency Services Coordinator Glorria Morrison and is just one of the many efforts Ms. Morrison has made on behalf of the community. He stated that if the city loses Ms. Morrison it will be a great loss. Mr. Hicks informed Council that she is the best Emergency Services Coordinator in the state and perhaps the country. WILLIAM MELL, stated that he was involved with shopping center malls and when he needed assistance disaster planning for a mail, he did not turn to the city in which the mall is located, but turned to the City Huntington Beach and Glorria Morrison, Emergency Services Coordinator. He informed Council that at his request she came to work on her day off to make a presentation on disaster planning. He stated that he hoped the Council will make the wisest and best decision regarding the potential loss of Ms. Morrison to the community of Huntington Beach. MIKE RAGSDALE, addressed Council regarding the need for an agreement between the City and the Police Officers Association relative to salary. 421 01/05/98 - City Council/Redevelopment Agency Minutes - Page 7 REPORT REGARDING AVAILABILITY OF GRANTS THROUGH ORANGE COUNTY JUVENILE DELINQUENCY AND PREVENTION COMMISSION MEETING Councilmember Garofalo reported on a recent meeting he attended as a member of the Orange County Juvenile Delinquency and Prevention Commission. He stated that grants were awarded and that he hopes that the City of Huntington Beach will make grant submissions in the future. MAYOR SHIRLEY DETTLOFF'S UPDATE ON SEACLIFF ART FUNDING (900.10) Mayor Dettloff presented an update on the Seacliff Art funding situation. She informed the Council and audience that Shea Company will donate the art work to the city. She informed Council that the art curator during his presentation had stated that the collection should be kept together as one unit, however this may not be possible. She stated that possible sites for the art work are the City Hall, Linear Park or at private locations. Mayor Dettloff informed Council that $240,000 needs to be raised for the removal of the art work. She extended an invitation to all to Seacliff Center to view the art and attend the fundraising event. Mayor Dettloff stated that the Seacliff art work is unique and that there is only one other example of such art work in the world. (CITY COUNCIUREDEVELOPMENT AGENCY) ACTING CITY ADMINISTRATOR'S REPORT REGARDING PUBLIC COMMENTS ON WALL DISREPAIR Acting City Administrator Silver informed Council that a report will be forthcoming on the subject of the condition of a resident's wall to which reference was made during the Public Comments section of the agenda. ACTING CITY ADMINISTRATORS REPORT REGARDING DOG BEACH Acting City Administrator Silver informed Council that efforts were being made by persons to form a volunteer group to establish a dog beach similar to dog park in Huntington Central Park. He informed Council of the possibility that court labor could be used for maintenance. POSITION OF EMERGENCY SERVICES COORDINATOR Acting City Administrator Silver informed Council that Fire Chief Dolder and he were addressing the issue of the position of Emergency Services Coordinator and as this was a personnel matter, further report could not be made. GRAND OPENING - SHARP ELECTRONICS Acting City Administrator Silver informed Council of the details of the grand opening of Sharp Electronics. 422 Page 8 - Council/Agency Minutes - 01/05/98 AUTO DEALER BANNERS — BEACH BOULEVARD Acting City Administrator Silver reported on the establishment of auto dealer advertisement banners erected on light standards on Beach Boulevard. (CITY COUNCIL) PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) - CONSOLIDATED PLAN AMENDMENTS - MULTI -FAMILY HOUSING REHABILITATION LOAN PROGRAM - TWO SECTION 108 LOAN GUARANTEE APPLICATIONS - RESOLUTION NO. 98-1 - ADOPTED CITY GYM AND POOL PROJECT - 1600 PALM AVENUE - RESOLUTION NO. 98-2 - ADOPTED WATERFRONT PROJECT - 24 ACRES EAST SIDE OF PACIFIC COAST HIGHWAY NORTH OF HIGHWAY 39 (340.70) Mayor Dettloff announced that this was the meeting set for a public hearing to consider the following: Public hearing on two proposed Section 108 Loan Guarantee Applications and an amendment to the City's Community Development Block Grant Program to include two Section 108 funded projects and include a Multi -Family Housing Rehabilitation Loan Program. The City's applications to the U. S. department of Housing and Urban Development (HUD) for two loans under the Section 108 Loan Guarantee Program will assist in the rehabilitation of a structure housing a gym and pool facilities and to assist with the expansion of the Waterfront Resort, including construction of hotels, conference facilities and residential development. The city is also considering funding the Multi -Family Rehabilitation Loan Program from existing program revenue. The structure that houses the gym and pool facilities that will be rehabilitated is located at 1600 Palm Avenue. The proposed hotels and residential project would be constructed on approximately 24 acres located on the east side of Pacific Coast Highway, north of Highway 39. Altogether, the city will be requesting approximately $8,570,000 in Section 108 funds. Of the total, $2,570,000 will go towards the rehabilitation of the gym and pool facility with the balance of $6,000,000 going to assist the hotel and residential project. The funds for the hotel projects will be used in conjunction with City Redevelopment Agency and private sector funds secured by the developer of the project. Legal notice as provided by the Economic Development Department to the City Clerk's Office had been mailed, published and posted. Carol Runzel, Assistant Project Manager and Economic Development Director Biggs gave a staff report using a slide presentation on the Section 108 Loan applications.. Councilmember Bauer clarified with Economic Development Director Biggs the reason why the City Gym and Pool project did not qualify as a singular application for the Section 108 Loan Guarantee program is that it is in the "spot blight" eligibility category, thus a companion project 423 01105/98 - City Council/Redevelopment Agency Minutes - Page 9 would be needed in order to certify that at least 70% of the funds are meeting the "low - moderate income" criteria. Further discussion was held between Economic Development Director Biggs and Councilmember Bauer including the subject of negotiation issues with the Waterfront Hotel. Councilmember Bauer stated that at some point he would like a response to each of the issues presented by the Community Development Block Grant Committee in their recommendation to Council for denial. Economic Development Director Biggs responded to Councilmember Garofalo regarding issues relative to the city being the property owner of the Waterfront site. Mayor Dettloff declared the public hearing open. City Clerk Brockway announced that the following communication had been provided to the City Council: Slide report from the Economic Development Department dated January 5, 1998, titled Consolidated Plan Amendments City Council Public Hearing for the Community Development Block Grant Program BOB BIDDLE, representing Huntington Beach Tomorrow, stated the organization's concerns with possible loss of funds, impact to the General Fund, city finances if another recession occurs, and outstanding development negotiation issues which they believe would have to be resolved prior to approval. Mr. Biddle recommended that Council let the Citizens Participation Advisory Board meet again; hold a City Council study session on the matter and re -schedule the public hearing. ROY RICHARDSON, Chairman of Citizens Participation Advisory Board, spoke regarding the public hearing held by the Citizens Participation Advisory Board on December 4, 1997. He informed Council regarding the Board's concerns regarding funding issues. He stated that as the Citizens Participation Advisory Board Chairman he has received a request for reconsideration of the Citizens Participation Advisory Board's action. Mr. Richardson stated the board is meeting this coming Wednesday. JEFF LEBOW, Citizens Participation Advisory Board Member, stated that he believes his role is to be an advocate for Enhancement Areas such as hispanic neighborhoods and low and moderate income members of the community. He stated that minimum wage hotel jobs are not what he believes is the best reason for the use of a $6 million dollar loan. He stated that the city gym and pool is different as it serves the needy population. He stated that now a fee must be charged for the gym and pool facility and that the nature of the facility has been changed. Mr. Lebow thanked Acting City Administrator Silver for bringing to the Council's attention the fact the Public Works Department is competing for these funds for infrastructure needs. He stated that the best use of the funds must be considered. There being no one to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by Mayor Dettloff. 424 Page 10 - Council/Agency Minutes - 01/06198 Discussion was held regarding the nature of the Community Development Block Grant Funding Program. Mark Briggs, representing Mark Briggs & Associates, Consultant, responded to Councilmember Garofalo's questions regarding timelines. A motion was made by Garofalo, second Green to approve the following actions: 1. Approve the Amendment of the Consolidated Plan to include the completion of the City Gym and Pool Project and the Waterfront Project; include the Section 108 Loan Guarantee Program; and reprogram $200,000 from the revolving loan fund for a Multi -Family Rehabilitation Loan Program. and 2. Adopt Resolution No. 98-1 - "A Resolution of the City Council of the City of Huntington Beach Authorizing Submission Of A Section 108 Loan Guarantee Application to the United States Department of Housing and Urban Development" for $2,570,000 for the Renovation of the City Gym and Pool Project. (Attachment No. 2, Exhibit D to the Request for Council Action dated January 6, 1998.) and 3. Adopt Resolution No. 98-2 - "A Resolution of the City Council of the City of Huntington Beach Authorizing Submission of a Section 108 Loan Guarantee Application to the United States Department of Housing and Urban Development" for $6,000,000 for the Redevelopment Agency (Waterfront Project). (Attachment No. 3, Exhibit D to the Request for Council Action dated January 5, 1998.) At the request of Councilmember Bauer, Economic Development Director Biggs reported on the Multifamily Rehabilitation Loan Program portion of the public hearing. Mark Briggs, representing Mark Briggs & Associates, reported on the funding process through the federal government at the request of Councilmember Bauer. He confirmed that the federal government provides an opportunity for an issue to appear again before Council prior to final city commitment. He confirmed Councilmember Bauer's understanding that the city gym and pool cannot be done without the entire item being approved. Economic Development Director Biggs at the request of Councilmember Green, reported on the effect of this project on a current program recipient, such as the Rodger's Senior Center or Project Self - Sufficiency. Economic Development Director Biggs responded to Councilmember Sullivan regarding the loan collateral which would be required of the city by the federal government. Councilmember Harman requested information on the Multi -Family Rehabilitation Loan Program portion of this public hearing and Economic Development Director Biggs reported. 425 01/05/98 - City Council/Redevelopment Agency Minutes - Page 11 Councilmember Harman stated that he has taken the Citizens Participation Advisory Board and the Huntington Beach Tomorrow comments into consideration, however he is confident that this proposed transaction poses little risk to the city; that it is the most inexpensive way to reach the city's goals. Councilmember Bauer spoke regarding the need to respond to the comments of Citizens Participation Advisory Board and Economic Development Director Biggs reported that he believes staff has presented compelling reasons to the Board. Councilmember Bauer stated that he would be in favor if the Citizens Participation Advisory Board would receive written answers relative to their concerns. Councilmember Sullivan requested that the motion include the fact that a Council motion of approval does not mean the money must be used. He stated he supported applying for the loan. Councilmember Sullivan spoke regarding the need for figures relative to the jobs to be derived as a result of this transaction. 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 MOTION ADOPTED TO TAKE AGENDA ITEM OUT OF ORDER A motion was made Bauer, second Sullivan that Councilmember Bauer's item relative to Morse Circle residence be considered by Council at this time. The motion carried unanimously. (CITY COUNCIL) REQUEST TO THE CITY ATTORNEY FOR ASSISTANCE TO THE MORSE CIRCLE RESIDENTS IN THE ZAGUSTIN CASE - DIRECTION GIVEN TO CITY ATTORNEY (420.20) The City Council considered a communication from Councilmember Ralph Bauer regarding the on -going blight in the Morse Circle neighborhood. Councilmember Bauer spoke regarding the resident's allegations relative to the Police Department's procedures on this matter. Councilmember Harman spoke regarding his frustrations relative to what is going on with the condition of the residence. He commented on the memorandum from the City Attorney's Office. City Attorney Hutton reported at length regarding the issue of the Morse Circle residence. In response to Councilmember Garofalo, City Attorney Hutton stated that the purpose of the quash was to protect the evidence for criminal conviction. Fire Chief Dolder stated that it is important for his department to do the inspection under a procedure of due process. He spoke regarding his intent to gain code compliance. City Attorney Hutton reported on the City of Long Beach ordinance and discussion was held. 426 Page 12 - Council/Agency Minutes - 01/05/98 A motion was made by Harman, second Bauer to direct the Fire Chief to file a written request with the City Attorney's Office to criminally prosecute the resident on Morse Circle, Professor Zagustin, for code violations and to file written request with the City Attorney's Office tomorrow morning before noon. Fire Chief Dolder reported on determinations that had been made by his department. He reported on the process that should be followed. Further discussion was held regarding various aspects of the problem. Fire Chief Dolder, at the request of Councilmember Harman reported on his department's process in this matter. Councilmember Harman restated his motion at the request of Councilmember Garofalo — basically to direct the Fire Chief to notify and request the City Attorney in writing tomorrow to commence criminal prosecution as soon as possible. Fire Chief Dolder informed Council that he interprets this to mean following completion of his inspection. David Flynn, resident, at the request of Councilmember Garofalo addressed Council regarding the problem as he perceives it. Mayor Dettloff called for the question. City Clerk Brockway requested clarification of the motion as the first motion. She repeated the motion - that the Fire Chief file a written request with the City Attorney's Office to criminally prosecute Mrs. Zagustin for the violations on Morse Circle and to do so by 12 noon tomorrow. Councilmember Harman stated that was the motion seconded by Councilmember Bauer. Fire Chief Dolder informed Council of the manner in which he believes he can comply in the filing of the request for criminal prosecution. City Attorney Hutton reported. Councilmember Garofalo stated that if the motion fails he would like to make a motion to direct staff to appropriately do what is necessary to take legal action against the party, no later than January 11,1998. The motion made by Harman, second Bauer failed by the following roll call vote: AYES: Bauer, Harman NOES: Julien, Dettloff, Sullivan, Green, Garofalo ABSENT: None Following further discussion Acting City Administrator Silver stated that he will meet with Acting Assistant City Administrator/Fire Chief Dolder and Community Development Director Fallon regarding the matter. 427 01/05/98 - City Council/Redevelopment Agency Minutes - Page 13 A motion was made by Garofalo, second Dettloff to direct the City Attorney to use every force of law at the City's disposal and every legal remedy to effect a safe living condition and to direct the City Attorney to proceed with haste and to bring an ordinance to Council at the earliest possible meeting. The motion carried unanimously. Councilmember Harman strongly urged that the Acting City Administrator, Fire Department, Police Department and Community Development Department to activate the Task Force that is available to close down drug, gang and nuisance houses and use it in this instance. Councilmember Sullivan requested Acting City Administrator Silver to prepare report relative to whether there were fines levied for code enforcement offenses to this property owner and if so how many fines were collected. CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Ell Nino Storm Preparation And Emergency Equipment Purchases From The General Fund Unappropriated Fund (320.45) Selection Of Architect - RRM Group - For The Edwards At Ellis Fire StationNVater Reservoir Site - Professional Services Contract - Settlement Committee Recommendation Regarding Insurance CONSENT CALENDAR - ITEMS APPROVED On motion by Green, second Sullivan, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Dettloff, Sullivan, Green, Garofalo NOES: None ABSENT: Bauer (CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 15620 OF TENTATIVE TRACT MAP NO. 14661 WITH BONDS AND AGREEMENTS - BEACH TERRACES - SOUTHWEST CORNER OF MAIN STREET AND PROMENADE PARKWAY (420.60) -1. Approved Final Tract Map No. 15520 and accepted the offer of dedication and improvements and bonds pursuant to findings and requirements listed in Attachment No. 1 to the Request for Council Action dated January 5, 1998; and 2. Approved Subdivision Agreement Between the City Of Huntington Beach and The Olson Company and authorized execution by the Mayor and City Clerk. 428 Page 14 - Council/Agency Minutes - 01/05/98 (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES WITHIN TRACT NO. 13714 AND ACCEPTED THE PUBLIC IMPROVEMENTS - SOUTHWEST DIVERSIFIED/COSCAN PARTNERS - ELLIS-GOLDENWEST SPECIFIC PLAN - NORTH OF GARFIELD AVENUE, EAST OF EDWARDS STREET (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 13714; 2. Released the Faithful Performance Bond No. 091699, Labor and Material Bond No. 091699 and Monument Bonds No. 091698 pursuant to California Government Code Section No. 66499.7(b); 3. Accepted Maintenance Bond No. 091699-M; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; 4. Instructed the City Clerk to notify the developer, Southwest Diversified/Coscan Partners, of this action and the City Treasurer to notify the bonding company, American Home Assurance Company, of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES WITHIN TRACT NO. 14650 AND ACCEPTED THE PUBLIC IMPROVEMENTS - SEACLIFF PARTNERS - SOUTHWEST OF PALM AVENUE AND SEAPOINT DRIVE (420.60) -1. Accepted the improvements constructed and dedicated for public use within Tract No. 14650; 2. Released the Faithful Performance Bond No. 1141536109, Labor and Material Bond No. 1141536109 and Monument Bond No. 1141536117 pursuant to California Government Code Section No. 66499.7(b); 3. Accepted Guarantee -Repair and Maintenance of Improvements Bond No. 111 4153 6109(M); the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; 4. Instructed the City Clerk to notify the developer, Seacliff Partners, of this action and the City Treasurer to notify the bonding company, The American Insurance Company, of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES WITHIN TRACT NO. 14651 AND ACCEPTED THE PUBLIC IMPROVEMENTS - SEACLIFF PARTNERS - SOUTHWEST OF PALM AVENUE AND SEAPOINT DRIVE (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14651; 2. Released the Faithful Performance Bond No. 11141536232, Labor and Material Bond No. 11141536232 and Monument Bond No. 11141536240 pursuant to California Government Code Section No. 66499.7(b); 3. Accepted Guarantee -Repair and Maintenance of Improvements Bond No. 111 4153 6232 (M); the security fumished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; 4. Instructed the City Clerk to notify the developer, Seacliff Partners, of this action and the City Treasurer to notify the bonding company, The American Insurance Company, of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. 429 01/05/98 - City Council/Redevelopment Agency Minutes - Page 15 (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES WITHIN TRACT NO. 14652 AND ACCEPTED THE PUBLIC IMPROVEMENTS - SEACLIFF PARTNERS - SOUTHWEST OF PALM AVENUE AND SEAPOINT DRIVE (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14652; 2. Released the Faithful Performance Bond No. B96-013217, Labor and Material Bond No. B396-013217 and Monument Bond No. B96-0132198 pursuant to California Government Code Section No. 66499.7(b); 3. Accepted Subdivision Maintenance/Warranty Bond No. B96-013217; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; 4. Instructed the City Clerk to notify the developer, Seacliff Partners, of this action and the City Treasurer to notify the bonding company of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES WITHIN TRACT NO. 14653 AND ACCEPTED THE PUBLIC IMPROVEMENTS - SEACLIFF PARTNERS - SOUTHWEST OF PALM AVENUE AND SEAPOINT DRIVE (420.60) -1. Approved the Release of Securities within Tract No. 14653; 2. Released the Faithful Performance Bond No. B96-013268, Labor and Material Bond No. B96-013268 and Monument Bond No. B96-013269 pursuant to California Government Code Section No. 66499.7(b); 3. Accepted Subdivision MaintenanceA(Varranty Bond No. B96-013268; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; 4. Instructed the City Clerk to notify the developer, Seacliff Partners, of this action and the City Treasurer to notify the bonding company of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES WITHIN TRACT NO. 14649 AND ACCEPTED THE PUBLIC IMPROVEMENTS - SEACLIFF PARTNERS - SOUTHWEST OF PALM AVENUE AND SEAPOINT DRIVE (420.60) -1. Accepted the improvements constructed and dedicated for public use within Tract No. 14649; 2. Released the Faithful Performance Bond No. 1614155, Labor and Material Bond No. 1614155 and Monument Bond No. 1614165 pursuant to California Government Code Section No. 66499.7(b); 3. Accepted Guarantee and Warranty Bond No. 161415S; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; 4. Instructed the City Clerk to notify the developer, Seacliff Partners, of this action and the City Treasurer to notify the bonding company of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. (CITY COUNCILIREDEVELOPMENT AGENCY) APPROVED FORMAL ASSURANCE LOAN PROGRAM OPERATING AGREEMENT - HOUSING REHABILITATION LOAN PROGRAM WITH BANK OF AMERICA (600.10) - Approved and authorized the Mayor and City Clerk to execute the Operating Agreement for Formal Assurance Loan between the City and Bank of America for the Housing Rehabilitation Loan Program. (Bank of America to act as the City's 430 Page 16 - Council/Agency Minutes - 01/05/98 servicing agent for purposes of recommendation of approval and the collection of payments on rehabilitation loans.) (CITY COUNCIL) APPROVAL OF PROJECT SELF-SUFFICIENCY 1998 ACTION PLAN - SUBMITTED BY COMMUNITY SERVICES DEPARTMENT (570.50) - Approved the Community Services Department Project Self -Sufficiency 1998 Action Plan. (Describes the mission, goals, and objectives for the local program and the community interaction between the public and private sectors.) (CITY COUNCIL) APPROVED REVISED MILEY-KECK TANK FARM LEASE AGREEMENT BETWEEN CITY AND THE HUNTINGTON BEACH COMPANY -19081 HUNTINGTON STREET (600.10)- Approved and authorized execution by the Mayor and City Clerk of the revised Lease Agreement Between the City and the Huntington Beach Company (Contract No. B-4632) to lease the Miley -Keck Tank Farm. (CITY COUNCIL) APPROVED AGREEMENT WITH EMPLOYMENT SYSTEMS, INC. (ESI) TO LEASE TEMPORARY PERSONNEL FOR THE POSITION OF HAZARDOUS MATERIAL SPECIALIST (600.10) - Approved and authorized execution by the Mayor and City Clerk of the Agreement to Provide Staffing Services Between the City of Huntington Beach and Employment Systems, Inc. for one Hazardous Materials Specialist. (CITY COUNCIL) APPROVED APPOINTMENT OF JONATHAN GROSSMAN TO THE ENVIRONMENTAL BOARD TO COMPLETE TERM OF CECILE LA FORCE (110.20) - Appointed Jonathan C. Grossman to the Environmental Board to complete the term of Cecile LaPorte which expires on June 30, 1999. (CITY COUNCIL) APPROVED TWO UPDATED CONTRACTS WITH COMMUNITY SERVICE PROGRAMS, INC. - (JUVENILE DIVERSION AND GANG PREVENTION AND INTERVENTION) (600.10) - 1. Approved The Contract Between the City of Huntington Beach and Community Service Programs, Inc. for Implementation and Management of the Juvenile Diversion Program and authorized the Mayor and City Clerk to execute same; and 2. Approved The Contract Between the City of Huntington Beach and Community Service Programs, Inc. for Gang Prevention and Intervention Services and authorized the Mayor and City Clerk to execute same. 431 01/05/98 - City Council/Redevelopment Agency Minutes - Page 17 (CITY COUNCIL) APPROVAL OF FIRST AMENDMENT SUBSTITUTING FOR "AMENDMENT TO LEASE" AND AMENDING LEASE FOR PREMISES AT HUNTINGTON BEACH PIER PLAZA/APPROVAL OF SUBLEASE BETWEEN PIER PLAZA GROUP AND PACIFIC RESTAURANT ADVENTURES (CHIMAYO'S ON THE BEACH) APPROVAL OF HAZARDOUS SUBSTANCES INDEMNITY AGREEMENT FOR PIER PLAZA GROUP - LEASEHOLD -APPROVAL OF LANDLORD CONSENT AND ESTOPPEL CERTIFICATE FOR PIER PLAZA GROUP LEASEHOLD - 1. Approved and authorized execution by the Mayor and City Clerk of the First Amendment Substituting for "Amendment to Lease" dated July 7, 1997 and Amending Lease for Premises at the Huntington Beach Pier Plaza dated ,January 16, 1996 Between the City and TS Management Corporation as assigned to Pier Plaza Group, LLC and executed the Hazardous Substances Indemnity Agreement for Pier Plaza Group Leasehold as contained herein; and 2. Motion to approve the selection of Chimayo's on the Beach as the lower level tenant for the Duke's Surf City Restaurant building by approving the Sublease Agreement Between Pier Plaza Group, LLC and Pacific Restaurant Adventures, Inc. (Chimayo's on the Beach). (CITY COUNCIL) ADOPTED RESOLUTION NO.98-3 - AUTOMATED FINGERPRINT SYSTEM - SUPPORTS THE ORANGE COUNTY BOARD OF SUPERVISORS IN THE ADOPTION OF A $1.00 FEE ON VEHICLE REGISTRATIONS IN THE COUNTY (600.40) - Adopted Resolution No. 98-3 - "A Resolution of the City Council of the City of Huntington Beach Supporting The Orange County Board of Supervisors in the Adoption of a $1.00 Fee on Vehicle Registrations in the County." (This fee will provide approximately 10 million dollars over five years to be applied exclusively to the replacement and enhancement of the current 15 year old countywide Cal -ID Automated Fingerprint Identification System.) (CITY COUNCIL) APPROVED EL NIWO STORM PREPARATION AND EMERGENCY EQUIPMENT PURCHASES FROM THE GENERAL FUND UNAPPROPRIATED FUND (320,45) The City Council considered a communication from Acting City Administrator/ Fire Chief Dolder recommending an appropriation of $166,231 from the General Fund Unappropriated Fund Balance for El Nino storm preparation and emergency equipment purchases. Community Services Director Hagan reported on the type of boats to be purchased and their potential use. Discussion was held regarding the subject of the purpose of the booms to be purchased for Huntington Harbour. Discussion was held regarding the issue of the erosion of the ocean bluffs during the rains. The cost of purchasing sand bags was discussed. A motion was made by Harman, second Garofalo to appropriate $166,231 from the General Fund Unappropriated Fund Balance for El Nino storm preparation and emergency equipment purchases. 432 Page 18 - Council/Agency Minutes - 01/05/98 Councilmember Garofalo stressed the need for portable emergency kits to be readily available to hold blankets for seniors during their relocation. He informed Council what he had observed during the last flood relative to a time lapse of six hours prior to blankets being furnished to the senior citizens who were cold. Acting City Administrator Silver stated that he had met with staff in this regard. Community Services Director Hagan stated that in reality it does take about six hours for the Red Cross to mobilize. Fire Chief Dolder stated that the kits would be purchased. The motion made by Harman, second Garofalo carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: (Green out of room) (CITY COUNCIL) APPROVED SELECTION OF ARCHITECT - RRM GROUP - FOR THE EDWARDS AT ELLIS FIRE STATIONMATER RESERVOIR SITE - APPROVED PROFESSIONAL SERVICES CONTRACT - APPROVED SETTLEMENT COMMITTEE RECOMMENDATION REGARDING INSURANCE (600.10) - The City Council considered a communication from Acting Assistant City Administrator/Fire Chief Dolder recommending approval of the selection RRM Group as the architect for the Edwards at Ellis Avenue Fire Station - water reservoir site and recommending approval of the Settlement Committee recommendation regarding insurance. Fire Chief Dolder, at the request of Councilmember Sullivan, reported on the financing of the fire station site by PLC Company. He stated that the entire fire station site would be financed by PLC. A motion was made by Harman, second Green to: 1. Approve the selection of RRM Design Group to provide professional consulting services for the preparation of fire station architectural plans and site improvement plans for the Edwards at Ellis Fire Station Water Reservoir Site for $412,711; and 2. Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the city and RRM Design Group for a fee of $412,711 for the preparation of fire station architectural plans and site improvement plans for the Edwards at Ellis Fire Station/Water Reservoir Site; and approved the Settlement Committee recommendation to modify the Indemnification and Hold Harmless Paragraph of the attached contract; and 3. Authorize the Director of Public Works to expend a total of $475,000 including the contract costs of $412,711, estimated contingency costs of $41,189, and estimated supplemental expenditures of $21,000. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green NOES: None ABSENT: (Garofalo out of room) 433 01/05198 - City CouncillRedevelopment Agency Minutes - Page 19 (CITY COUNCIL) APPROVED PURCHASE OF BOEING "NOTAR" POLICE HELICOPTER (320.45) The City Council considered a communication from the Chief of Police informing Council of the need to purchase a Boeing "Notarn Helicopter because Helicopter N502HB (502) is a 1978 Model with over 9,000 hours of flying time on the airframe. It is approaching critical component replacement times, causing high maintenance costs to maintain an old helicopter. Police Chief Lowenberg presented a staff report. Mr. John Heiss, representing David Griffith Associates, reported at length regarding the proposal to purchase the new helicopter. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Revised Executive Summary - David Griffith and Associates received from the Police Department by the City Clerk during the Council meeting relative to the Police helicopter purchase Police Sergeant Lloyd Edwards reported on the reasons for the staff recommendation. Councilmember Sullivan inquired to why some cities use less expensive helicopters and Mr. Heiss reported. Considerable discussion was held between the Council and Mr. Heiss. A motion was made by Julien, second Garofalo to approve the purchase of the Boeing 520N Notar. Helicopter from savings in maintenance and moneys from the Vehicle Abatement Grant to cover the cost of $1.2 million for the new helicopter. Captain Chuck Poe, at the request of Police Chief Lowenberg, informed Council of a recent event where the helicopter saved a police officer's life in the City of Huntington Beach. At the request of Councilmember Harman, Mr. Heiss reported on why some cities in the northern California do not use helicopters. Discussion was held between the Council, Mr. Heiss and Police Chief Lowenberg regarding this matter. Police Chief Lowenberg stated that these cities do have helicopter programs. Discussion was held regarding the type debt service which will be involved. Councilmember Harman spoke regarding his desire the city get a good deal and his desire to obtain data such as: Are there going to be price increases in the future?-- What has been historically the price increase?, Have they been raising the prices every year?. The motion made by Julien, second Garofalo carried by the following roll call vote. - AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None 434 Page 20 - Council/Agency Minutes - 01/05/98 (CITY COUNCIL) ADOPTED ORDINANCE NO. 3378 - SEX ORIENTED (ADULT) BUSINESS ORDINANCE - ZONING TEXT AMENDMENT NO. 97-4 (640.10) - The City Council considered Ordinance No. 3378 and Zoning Text Amendment No. 97-4 "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)." (Introduction, as amended, approved December 15, 1997.) A motion was made by Green, second Sullivan to adopt Ordinance No. 3378 following a reading by title by the City Clerk. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3381 REGARDING ESTABLISHMENT OF GRANT OF FRANCHISE PROCEDURE AND FRANCHISE PROCESSING COSTS FOR WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORKS (640.10) The City Council considered proposed Ordinance No. 3381 to amend Chapter 12.48 of the Huntington Beach Municipal Code regarding wireless digital communications radio networks. A motion was made by Green, second Garofalo to approve introduction of Ordinance No. 3381 - "An Ordinance of the City of Huntington Beach Amending Chapter 12.48 of the Huntington Beach Municipal Code Regarding Wireless Digital Communications Radio Networks." (Provides Establishment of Grant of Franchise Procedures and franchise application fee of $3,000 to help defray the administrative costs of granting the franchise.) following the reading by title by the City Clerk. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) PROPOSAL BY THE ORANGE COUNTY DIVISION OF LEAGUE OF CALIFORNIA CITIES TO ENLARGE THE OCTA (ORANGE COUNTY TRANSPORTATION AUTHORITY)BOARD MEMBERSHIP - STAFF RECOMMENDATION APPROVED AS AMENDED (800.45) The City Council considered a communication from Councilmember Ralph Bauer informing Council of a proposal put forward by the Orange County Division of the League of California Cities to expand the OCTA (Orange County Transportation Authority) membership from six city 435 01/05/98 - City Council/Redevelopment Agency Minutes - Page 21 members to ten city members, leaving the supervisorial membership at four members and the citizen membership at one member resulting in a 15-member board. Also proposed is that the largest city in each supervisorial district be guaranteed a board seat since the largest city in each district impacts the regional traffic the most. This position is to be brought forward at the League meeting on January 8, 1998. Also, that a letter supporting our position be sent to the other 18 Measure M Tax donor cities of Orange County: Brea, Buena Park, Cypress, Dana Point, Fullerton, Garden Grove, La Habra, La Palma, Laguna Beach, Laguna Niguel, Orange, Placentia, San Clemente, Santa Ana, Seal Beach, Stanton, Tustin, and Westminster. Councilmember Bauer reported on the item. Following discussion, a motion was made by Bauer, second Garofalo that Council take the following action: [in either Option 1(B) or 1 Option 1(D)) [Option 1: Increase City representation on the Orange County Transit Authority Board of Directors from (6) to (10): Options: (B) Include largest city from each Supervisorial District and 5 other city representatives regardless of District (D) Include five largest cities and one from each Supervisorial District. The motion carried unanimously. (CITY COUNCIL DEALING WITH TRAFFIC IN HUNTINGTON BEACH - PROPOSAL THAT LETTER FROM CITY COUNCIL BE WRITTEN TO ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) LEADERSHIP REGARDING FUNDING FOR HOOVER-GOTHARD CONNECTOR - STAFF DIRECTED TO PREPARE LETTER TO OCTA (800,45) The City Council considered a communication from Councilmember Ralph Bauer regarding the fact that for about 11 years the number one priority for dealing with traffic in Huntington Beach has been the Hoover-Gothard Connector. This connector will complete the arterial grid in Huntington Beach to help alleviate traffic on Beach Boulevard and Goldenwest Street. This connector will also facilitate emergency responses between the City of Westminster and the City of Huntington Beach. The City of Westminster City Council supports the Hoover-Gothard Connector. The Orange County Transit Authority response to our request for partial funding has been repeatedly denied with the comment that we do not score high enough by the OCTA formula. Councilmember Bauer reported on the item. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Memorandum from Public Works Director Jones to the Acting City Administrator Silver dated December 30, 1997 titled OCTA City Cooperation Relative to Orange County Transit Authority Grants 436 Page 22 - Council/Agency Minutes - 01/05/98 A motion was made by Bauer, second Garofalo that Council take the following action. that the City Council direct a letter be written to the Orange County Transit Authority leadership pointing out the Hoover-Gothard Connector funding problem and requesting that this inequity be corrected during the next funding cycle, and prior to writing the letter, that the three representatives Bob VYlstand, citizen Los Alamitos, Laurann Cook, Councilmember Fountain Valley, Supervisor Jim Silva, Chuck Smith, Westminster City Council, Mayor Fry, Westminster City Council meet to develop a strategy prior to writing the letter. The motion carried unanimously. (CITY COUNCIL) REQUEST FOR STAFF TO DEVELOP STRATEGIES FOR SAVING MONEY WHEN BUYING ELECTRIC POWER IN CONNECTION WITH NEW DEREGULATION OF ELECTRIC POWER - DIRECTION PROVIDED TO STAFF (1040.20) The City Council considered a communication from Councilmember Ralph Bauer informing Council that according to the December 21, 1997 Los Angeles Times article concerning the new deregulation of electric power, end users can band together to wield more clout for lowering costs. Apparently, cities such as Palm Springs are developing buying pools known as aggregates to accomplish this. These aggregates can be groups of businesses, homeowners' associations, trade organizations, etc. For general information, there are over 200 companies registered in California to sell electricity; thus we should be able to create a competitive situation and save money. Following discussion, a motion was made by Bauer, second Garofalo that Council request staff to explore opportunities to develop strategies so that aggregates, (buying pools) can be developed in Huntington Beach to save our citizens and businesses money. The motion carried unanimously. (CITY COUNCIL) TIMETABLE FOR WATER RESERVOIR CONSTRUCTION BY PLC COMPANY PURSUANT TO HOLLY-SEACLIFF DEVELOPMENT AGREEMENT - STAFF DIRECTION PROVIDED BY THE CITY COUNCIL The City Council considered a communication from Councilmember Dave Sullivan dated December 26, 1997 recommending that Council direct the Acting City Administrator to report to the City Council at the January 20, 1998 Council meeting on the timetable for construction of the 9 million gallon reservoir as outlined in the Holly-Seacliff Development Agreement. Also to request the presence of a PLC Company representative at the January 20, 1998 Council meeting to indicate if PLC Company agrees to the timetable. Councilmember Sullivan reported regarding this item. Following discussion a motion was made by Sullivan, second Harman to approve Councilmember Sullivan's recommendations as set forth in his communication dated December 16, 1997 as follows. 437 01/05/98 - City Council/Redevelopment Agency Minutes - Page 23 To direct Acting City Administrator Silver to report at the January 20, 1998 Council Meeting relative to the timetable for construction of the 9 million gallon reservoir as outlined in the Holly Seacliff Development Agreement also, that a PLC Company representative be present at the January 20, 1998, Council meeting to indicate if PLC Company agrees to the timetable. The motion carried unanimously. (CITY COUNCIL) ANNOUNCEMENT OF APPOINTMENT OF RICHARD GANULIN TO HUNTINGTON BEACH INVESTMENT ADVISORY BOARD - (TO FILL UNEXPIRED TERM OF GLORIA WINSCOTT) (110.20) The City Clerk was directed to record Councilmember Garofalo's announcement of his appointment of Richard Ganulin to the Investment Advisory Board to a term expiring Decemer, 1998, to fill the unexpired term of Gloria Winscott. ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY Mayor Dettloff adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to the regular meetings to be held on Tuesday, January 20, 1998 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk dlo� &OeAl�� City Clerk and ex-officio Clerk. the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor/Chair an 438