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HomeMy WebLinkAbout1998-01-20MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Tuesday, January 20, 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 COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Sullivan, (Garofalo arrived at 5:07 p.m.) Absent: (Green arrived at 10:00 p.m.) 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. (CITY COUNCIL) STUDY SESSION - MSI FEE REPORT- UPDATE The City Council considered a communication from Acting City Administrator Silver dated January 16, 1998 titled Subject Study Session: MS1 Study Update. Deputy City Administrator —Administrative Services Director Franz presented background information relative to the original MSI Report Study for which the city had hired a consultant to perform a City fee study. He reviewed the purpose of the MSI Study and summarized the MSI Report Update, including recommended changes to fees and a proposed schedule for implementation of fee changes. 439 Page 2 - Council/Agency Minutes - 01/20/98 Community Development Director Fallon presented a report on Community Development Department fees. She stated that her department fees represent 80% of recovery of cost of providing the services for which the fees are paid. She informed Council that some fees have been reduced and some fees increased. Councilmember Garofalo spoke regarding fees for development in the downtown area as they relate to infill lots. Acting City Administrator Silver stated that the purpose of this report is to present information to Council on the actual cost of services provided; that once Council has received and reviewed the report, it will be presented to developers and groups such as Chamber of Commerce. Discussion was held by Council regarding the MSI Update Report. Ross Cranmer, Building & Safety Director, clarified Councilmember Harman's question relative to the Mechanical Inspection Fee and the Plan Review Fee. Acting City Administrator Silver stated that a report clarifying this issue would be prepared. Community Development Director Fallon and Deputy City Administrator —Administrative Services Director Franz reported on what is factored in to arrive at costs. Fire Chief Dolder reported on the Fire Department fees which are proposed in the MSI Report. He informed Council that most are recommended for reduction. Fire Chief Dolder responded to Councilmember Julien's questions regarding false alarm fees. Community Services Director Hagan reported on the Community Services Department portion of the MSI Report. Councilmember Bauer spoke regarding the need to study sewer fees, stating his concern for raw sewage spills into Huntington Harbour. Councilmember Harman stated that he had received complaints regarding trash in the Huntington Harbour water. Councilmember Harman requested that the residents be contacted regarding a fee, which he believes could be in the area of $2.00 per dock, and could be used toward alleviating the problem. Community Services Director Hagan reported on new proposed technology from Australia which he and Public Works Director Jones are studying. He informed Council they are also working on the problem with the Orange County Sanitation District. Public Works Director Jones reported on his Public Works Department fees, including differentiating between such items as street vacation fees and summary street vacation fees whereby a fee for a summary vacation would be lower as much less work is involved. Councilmember Bauer requested information on the policy of the City of Anaheim on the subject of streets dug up by utility companies and the city's ability to be reimbursed for damages. 440 01/20/98 - City Council/Redevelopment Agency Minutes - Page 3 Police Chief Lowenberg reported on alarm fees and false alarm charges. He stated his department is not recommending that the fees be changed at this time. Police Chief Lowenberg informed Council that false alarms cost the City about $1 million dollars a year and the city is recovering only $400,000. He informed Council that most false alarms are due to insufficient training of business employees and weather conditions (wind). Councilmember Garofalo suggested development and implementation of a Burglar Alarm Awareness Month which could involve the Chamber of Commerce and the Retired Senior Volunteer Program Police Program participants in publicizing and training employees of businesses in the community on proper alarm procedures. MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80) A motion was made by Sullivan, second Bauer, to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote with Councilmember Green being absent. Closed Session - The City Council will meet in closed session pursuant to Government Code Section 54957.E to meet with its designated representatives, William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. (120.80) Closed Session - The City Council will meet in closed session pursuant to Government Code Section 54956.9(c). Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Number of Potential Cases - one. Subject: Insurance Claim against Federal Insurance. (See City Attorney's Announcement later in Council Meeting) (120.80) RECONVENE Mayor Dettloff reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:14 p.m. CITY ATTORNEY'S REPORT OF ACTION TAKEN IN CLOSED SESSION AS REQUIRED BY LAW (GOVERNMENT CODE 64967.1 (a) (3) (B) Insurance Claim Against Federal Insurance - Telephone Switch At Central Library - Suit Authorized By Council Deputy City Attorney Fields reported that in Closed Session the City Council had voted 6-0, 441 Page 4 - Council/Agency Minutes - 01/20/98 (Councilmember Green absent) to authorize suit against Federal Insurance to collect a property insurance claim in connection with a loss of the telephone switch at the central library. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo Absent: (Green arrived at 10:00 p.m.) FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by Huntington Beach Search and Rescue Boy Scout's of America Explorer Post 563. INVOCATION - Reverend Dr. Mark Kowalewski, St. Wilfrid's Episcopal Church, Huntington Beach. PRESENTATION - By Mayor Shirley Dettloff and Mr. Lane Calvert, Explorer Executive, Boy Scouts of America to Councilman Dave Garofalo of a plaque on behalf of the Boy Scouts of America for Councilman Garofalo's exceptional job this past year in support of the Boy Scout Youth Program. PRESENTATION - By Mayor Shirley Dettloff and Karyl Winslow, Director, Huntington Beach Youth Shelter, to Perry Cain, Communications Manager, Boeing Company and to Robert E. Stickman, Director, Western Region, Sharp Electronics of plaques in appreciation of their generous donations toward the lighted snowflakes that lit up the Huntington Beach Pier this past Christmas. PRESENTATION - By Mayor Shirley Dettloff to Robert E. Stickman, Director, Western Region, Sharp Electronics Corporation of a plaque in appreciation for their generous gift of a top of the line Sharp Projector presented to the City by the Sharp Electronics Corporation LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK 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: City Treasurer's slide report dated January 20, 1998 Revised Page Number 4 of the City Treasurer's slide report Communication from Bob Winchell and Eileen Murphy, Co -Chairs, Bolsa Chica Land Trust Water Committee, dated January 19, 1998 Regarding Bolsa Chica Report Update 442 01/20/98 - City Council/Redevelopment Agency Minutes - Page 5 Communication from Melanie Fallon, Community Development Director, dated January 20, 1998, regarding Legal Opinions on Bolsa Chica Slide Presentation from Melanie Fallon, Community Development Director, dated January 20, 1998, regarding Bolsa Chica Update Memorandum from Melanie Fallon, Community Development Director, dated January 20, 1998, regarding relevant documentation on the Bolsa Chica Report and Bolsa Chica Waterline Slide report- Holly Seacliff Development Status Report PUBLIC COMMENTS THE HONORABLE CARLA SINGER, JUDGE, ORANGE COUNTY SUPERIOR COURT, spoke regarding the Grand Jury and its purpose. Judge Singer informed the Council and audience of the County's need for applicants. Judge Singer reported that an indictment is being handed down on the biggest fraud case in California history and Orange County citizens count on the people who will serve on the Grand Jury. She informed Council that it is hoped an ethnically diverse Grand Jury can be formed. Judge Singer stated that work on the Grand Jury is a job people do out of dedication, not for renumeration, as the pay is $25 per day. Judge Singer advised that a prospective juror must agree to a commitment for one year and demonstrate objectivity to the judges. She stated assistive listening devices and Braille devices are available for prospective jurors. She presented the other qualifications for Grand Jurors and described the selection process. Judge Singer presented informative brochures to the City Clerk titled "You Can Make A Difference" - Orange County Grand Jury. Councilmember Bauer spoke regarding what a great experience it is to serve on the Grand Jury. JUSTIN WEILER AND JASON SILVER, Marina High School students, addressed the Council and audience regarding We The People Program at Marina High School. They described the program to the Council and audience and spoke regarding the upcoming competition held in Sacramento. The students informed Council that the program helps the students appreciate the work that the City Council does for the community. PETE SNETSINGER, teacher, Marina High School spoke regarding the "We The People" Program and thanked the City Council for their past support. SUZANNE BEUKEMA, spoke regarding the generosity of the PLC Company in their donations to community programs. She stated she did not understand the reasons for imposing a band on PLC Company as they are ahead of schedule in the Holly Seacliff Development infrastructure requirements. Ms. Beukema stated this requirement may affect their ability to donate to community programs. JEFF INGLISH, Owner of J.T.'s Sports Stop, presented a very brief video relative to the new State law prohibiting smoking in bars. The video was shown by Mr. Inglish to demonstrate the effect of the new law on Huntington Beach businesses. 443 Page 6 - Council/Agency Minutes - 01/20198 NANCY DONAVEN, representing Bolsa Chica Land Trust, addressed Council regarding the Bolsa Chica report update scheduled later on the agenda. She informed Council that she believed the Bolsa Chica Report left unanswered questions. Ms. Donaven presented her concerns regarding the report which included the need to receive more information on the franchise portion and to remember that revenue will not be generated to the city. DEAN ALBRIGHT, spoke regarding the accomplishments of the Community Participation Advisory Board_ He spoke regarding the many projects for which Housing and Community Development Block Grant funds have been used to benefit the city such as the Rodgers Senior Center, blighted city areas, handicap ramps and curb cuts, the Norma Gibbs Interval House and a traffic signal at Delaware and Main Street for the seniors. He spoke regarding the city's current needs including assistance to low income families in flood areas and to reestablish city infrastructure. He questioned why these funds were being used for a loan to the Waterfront Hilton, stating that he did not believe it met the criteria or intent of the HCD Block Grant money. He questioned what happened to the plan to develop single family homes behind the hotel and use that profit for start up money for the hotels. Mayor Dettloff informed Mr. Albright of the Council's policy requesting that speakers not make personal attacks upon staff members who are unable to respond. JAQUE GEIER - LAHTI, representing Bolsa Chica Land Trust, presented questions relative to water issues as they affect the Bolsa Chica Mesa, that have been generated from the neighborhood, gossip, through working on the Water Committee and through discussions with the Drinking Water Division of the State Department of Health. She stated these questions include has there been any Council action regarding any water issue on the Bolsa Chica Mesa; whether staff can make any discretionary decisions regarding water issues on the Mesa; for example the loan of a water pipe. She informed Council that there has been a piece of water equipment installed on Marina Lane and Warner Avenue and Los Patos Drive and Warner Avenue causing rumors to develop regarding the purpose of said equipment. She questioned whether the financial stability of the company, and the company that is behind it, has been determined and whether they will be required to post a bond; whether they are covered for injury to private property such as a car going into a ditch from the construction. EIiLEEN MURPHY, addressed Council regarding her concern with what she believes is the goal of Koll Company to bypass all of the safeguards that are legally in place to protect the City from their development. She spoke regarding her belief that the City has a right to request a new Environmental Impact Report if there is a substantial change in the project. She requested that Council demand a new Environmental Impact Report. She referred to her concern that Koll Company is attempting to obtain water from a third source that was not even considered in the original Environmental Impact Report. Ms. Murphy presented her communication to the City Council for the record. BOB WINCHELL, stated his concerns with the dimension of the Bolsa Chica Update Report as it deals with financial issues of impacts on infrastructure and its recurring costs causing budget shortfalls every year. He stated that he believes the staff is using outdated 1982 figures. He cited cost factors and requested that Council take the offensive and inform Koll Company that they will not 444 01/20/98 - City Council/Redevelopment Agency Minutes - Page 7 be able to disrupt the city streets and other actions as indicated in the staff report; that they must make the city whole and agree to pay the costs or the city should not be dealing with Koll Company. DAVID FLYNN, informed Council that there has been progress in cleaning the Morse Circle residence. He presented his request to Council including issues relating to code enforcement and collection of fines. Mr. Flynn spoke regarding the need to include collection of fines in the new ordinance being prepared by the city. RAYMOND GOULETTE, spoke regarding his hope that the issue of the Morse Circle residence will be resolved. He thanked the City Council for their actions. MARY RICHARDSON, spoke regarding the history of trash accumulation at the Morse Circle residence as well as other code violations at the residence. She requested Council's assistance. ANNE SPIEGEL, distributed a letter dated January 20, 1998, to the City Council titled Subject: Heil Street speeds/signs, agenda G-2A-Ordinance Number 3383. She read the letter to Council which included her concerns regarding a recent three car crash at the corner of Heil Avenue and Springdale Street very near to Carr Park. She stated that the agenda item proposal for 35 m.p.h. on Heil Avenue is not good enough and requested that 25 m.p.h. be the speed limit as previously requested. She stated that their request is not without precedent as on Main Street just south of Yorktown Avenue there are 25 m.p.h. signs all the way down Main Street to Pacific Coast Highway. She cited the example of Olive Avenue where stop signs are at every other intersection. Ms. Spiegel also requested Council to remove the truck route signage from Springdale Street and to lower the speeds to 35 m.p.h. due to the proximity to Carr Park, the schools, Marina High School and extremely dense foot traffic being a disaster hanging in the wings. She presented her communication to the City Clerk. GERTRUDE THOMAS, addressed Council in favor of proposed Ordinance Number 3383 relative to Heil Avenue. She stated since the last meeting she attended there have been accidents with bodily injury; the last being a three car crash at the corner of Heil Avenue and Sprindale Street. She stated that her grandchildren had just crossed the street when the accident occurred and went to the fire station for help. DONNA SCOTT, resident manager, of Seabridge Mobile Home Park addressed Council and stated that between Bolsa Chica and Graham Street there are no stop signs or signage. She stated that she was concerned for all citizens, but in particular the residents of her mobile home park. She stated that they do not have a lot of time to exit the park. SANDRA GENIS, thanked Council for its efforts to preserve the Bolsa Chica. She stated that there is new information to be considered as stated by Ms. Murphy. Ms. Genis spoke regarding discussion held at the Orange County Board of Supervisors meeting on this issue. She stated that the proposal to prepare an addendum would be piece mealing and is not allowed under the CEQA (California Environmental Quality Act). Ms. Genis stated that she believes the city should take over as the county will not. She spoke regarding the proposed water line and cited her experience as a Councilmember in Costa Mesa with attorneys who were opposing the city. 445 Page 8 - Council/Agency Minutes - 01/20/98 TOM LOGAN, Member of Bolsa Chica Land Trust, spoke regarding the Bolsa Chica Update Report prepared by staff. He spoke regarding the recent meeting between city staff and Bolsa Chica Land Trust officers Eileen Murphy and Nancy Donaven and their concern with what they believe appears to be an inordinate amount of contact between the city staff and the Koll Company officials regarding their development. He stated reasons why he opposed the Bolsa Chica project. Mayor Dettloff informed Mr. Logan that it is the policy of the Council that personal attacks should not be made during public comments. CAROLE ANN WALL, representing the Therapeutic Riding Center, stated that she is afraid that if a bond is required of the PLC Company for infrastructure, the money they donate to FANS (Friends And Neighbors of Seacliff) which in turn donates to the community will not be available. JACKIE JUDD, representing Women of Action, Huntington Beach Chamber of Commerce, and Executive Director of the Miss Huntington Beach Scholarship Pageants, spoke in support of FANS (Friends And Neighbors of Seacliff). She stated that FANS sponsored the last Miss Huntington Beach Scholarship Pageant and spoke regarding the fine representation made by the pageant winner. She stated that FANS sponsor projects such as higher education, literacy, and the Huntington Youth Shelter. DALE DUNN, spoke in support of the PLC Land Company and in opposition to the need for the company to post a bond to insure infrastructure. He stated that PLC Company is a good corporate citizen and can be relied upon to do their work without the bonding requirements. TOM DE GUELLE, representing the YMCA, spoke on behalf of the PLC Company and FANS citing their community involvement. He stated his opposition to the proposed infrastructure bonding requirements. BILL HOLMAN, informed Council that he would like to defer his comments until following the Bolsa Chica Update Report scheduled later on the agenda. KATHY BONACINI, stated they feel very fortunate to have funds allocated for Tarbox Park. She addressed Council regarding her dismay that a petition had been signed against the play equipment. She informed Council that she believes the signers of the petition were misinformed regarding the type of equipment and she had letters from signers to this effect. She requested Council's assistance. Ms. Bonacini presented her communication to City Clerk Brockway. SHERRY GARRELS, spoke in favor of lowering the speed limit on Heil Avenue and presented reasons including congestion from the school and the kids going to Carr Park. She spoke against the PLC Company being required to post a bond and suggested the imposition of ground rules on PLC Company and the city, as it is the PLC Company's contention that the city drags its heels a little. Cm 01/20/98 - City Council/Redevelopment Agency Minutes - Page 9 (CITY COUNCIL-) COUNCILMEMBER RALPH BAUER'S REPORT FROM THE HUNTINGTON BEACH CITY COUNCIL CABLE COMMITTEE REGARDING: INCREASING THE BROADCAST DAY OF HBTV-3 TO 24 HOURS Councilmember Bauer informed the Council and audience of the proposed 24 hour programming plan. He stated that Councilmember Garofalo had suggested this initially. He informed Council that an interesting program will be Hot Topics. He also announced other proposed programs such as Ethics In America and a program on the Constitution Of The United States. (CITY COUNCIL) UPCOMING STATUS REPORT ON CITY NUISANCE HOUSES AND MULTI -FAMILY PROBLEM AREAS INCLUDING MORSE CIRCLE RESIDENCE Acting City Administrator Silver reported on his intention to prepare a status report on city nuisance and multi -family problem areas in various areas of the city which need attention. He stated the anticipated date for this report is March or April 1998. Acting City Administrator Silver also referred to a memorandum from the City Attorney dated January 16, 1998 entitled Chronology Regarding Property Address 16862 Morse Circle. This memorandum had been transmitted to the City Council in their Council packet. Considerable discussion was held regarding the situation of the Morse Circle residence. In response to Councilmember Sullivan, Community Development Director Fallon stated that restitution can be requested through the court, but that the current city fee schedule does not allow restitution. Councilmember Sullivan also requested information regarding the ability of the owner being able to reside in the residence without water. In response to Councilmember Garofalo, Deputy City Attorney Fields and Fire Chief Dolder reported on the status of the property owner's compliance with code requirements and reimbursement of city cost as well as imposition of fines. Councilmember Garofalo stated that he believed whatever the law allows should be dome to deny access to the home as it is currently not legal to inhabit the residence. Deputy City Attorney Fields presented a status report on issues including restitution which he stated is solely up to the court. He spoke regarding the history of prosecution and subsequent owner compliance followed by further need to prosecute and resulting compliance. Councilmember Bauer suggested that a department task force captain be appointed to coordinate staff efforts. Discussion was held regarding the City of Long Beach ordinance. Discussion was held between Planning Director Zelefsky, Deputy City Attorney Fields and Council regarding the city's current enforcement and fining powers. 447 Page 10 - Council/Agency Minutes - 01/20/98 (CITY COUNCIL)STATUS OF CITY REQUESTS FOR RECLASSIFICATION STUDIES - REPORT BY ACTING CITY ADMINISTRATOR Acting City Administrator Silver reported that at the last meeting requests by the public were made for a reclassification of the position in the City of Emergency Services Coordinator. He reported on the status of the reclassification studies including presenting information regarding the various procedures which could be established to perform the study. He also reported on the high cost factors of such a study. HUNTINGTON BEACH PACIFIC SHORELINE MARATHON Acting City Administrator Silver reported on the forthcoming Huntington Beach Pacific Shoreline Marathon. He stated that Pacific Coast Highway and Main Street would again be closed for this event. TARBOK PARK - REPORT BY ACTING CITY ADMINISTRATOR Acting City Administrator Silver informed Council that he would prepare a report on the issue of Tarbox Park on which a speaker addressed Council during the Public Comments portion of this meeting. (CITY COUNCIL) CITY TREASURER'S NOVEMBER, 1997 INVESTMENT SUMMARY REPORT - REVIEWED AND ACCEPTED The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Report for November, 1997. City Treasurer Freidenrich presented a slide report. Earlier in the meeting, City Clerk Brockway had announced that the following communications on this item had been provided to the City Council City Treasurer's slide report dated January 20, 1998 Revised Page Number 4 of the City Treasurer's slide report A motion was made by Sullivan, second Harman, following review of the report, to accept the Monthly Investment Report for November 1997, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried unanimously, with Councilmember Green absent and Councilmember Garofalo absent from room. 448 01/20198 - City Council/Redevelopment Agency Minutes - Page 11 (CITY COUNCIL) PUBLIC HEARING - REVISIONS TO THE CITY'S BICYCLE SAFETY CLASS ATTENDANCE FEE - INCREASE FROM $10 TO $15 - PROJECT PASSPORTS - HEARING CLOSED WITH DECISION CONTINUED TO FEBRUARY 2, 1998 Mayor Dettloff announced that this was the meeting set for a public hearing to consider the following: Public hearing to consider a proposed new rate be adopted which will increase the fee charged for juvenile traffic offenders to attend the Bicycle Safety Class from $10 to $15 per student. The estimated revenue would be approximately $18,000 per year. This estimate is based on class attendance during 1996. This increase in fees would allow for the budgeting of approximately $2,500 for the purchase of incentives to continue Project Passport. Project Passport is a program that allows officers to reward juvenile bicycle riders that are observed to be using safe riding habits. Each bicycle rider contacted is given a token. After receiving three tokens the rider is invited to redeem the tokens for a gift at the Traffic Bureau of the Police Department. All citizens are invited to attend the public hearing and provide the City Council with written and oral comments and ask questions concerning proposed revisions to the City's Bicycle Safety Class fee. The City Council considered a communication from Acting City Administrator Silver regarding the Police Department Traffic Bureau proposal to include juvenile pedestrian violators in the current Bicycle Safety Class and an increase of the class registration fee to implement Project Passport as an integral part of the City's Bicycle Safety Program. Legal notice as provided by the staff to the City Clerk's Office had been published and posted. Mayor Dettloff declared the public hearing open. There being no one to speak on the matter and no protests filed, either oral or written, the hearing was closed by Mayor Dettloff. A motion was made by Sullivan, second Harman to continue decision on the closed public hearing to consider increasing the bicycle safety class fee to the Council Meeting February 2, 1998. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Sullivan, Garofalo NOES: None ABSENT: Green, (Garofalo, Bauer out of room) 449 Page 12 - Council/Agency Minutes - 01/20/98 CONSENT CALENDAR - ITEMS APPROVED On motion by Harman, second Julien, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan NOES: None ABSENT: Green , (Garofalo out of room) (CITY COUNCILIREDEVELOPMENT AGENCY) APPROVED AND ADOPTED MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of December 1, 1997, adjourned regular meeting of December 8, 1997 and regular meeting of December 15, 1997 as written and on file in the Office of the City Clerk. (CITY COUNCIL) APPROVED ACQUISITION OF PROPERTY AND ACCEPTANCE OF EASEMENT DEED FOR GOLDENWEST STREET RIGHT-OF-WAY - APPROVAL OF ESCROW INSTRUCTIONS - JOHN AND MARY SCHUESLER - APN 110-210-06 - HOLLY- SEACLIFF DEVELOPMENT AREA - GOLDENWEST STREET AND GARFIELD AVENUE - 1. Approved the Acquisition of APN 110-210-06, approved the escrow instructions and authorized the Administrative Services Director to execute; 2. Accepted the easement deed from John and Mary Schuesler for the parcel described, and 3. Authorized acceptance by the City Clerk with recording to follow through indicated escrow. (CITY COUNCIL) APPROVED FIRST AMENDMENT TO THE MARCH 21, 1988 ENGINEERING SERVICES CONTRACT WITH CASH & ASSOCIATES - WATER WAREHOUSE ADDITIONS AND IMPROVEMENTS - CC-719/CC-1058 -APPROVE MODIFICATION TO INSURANCE REQUIREMENTS - 1. Approved and authorized the Mayor and City Clerk to execute the First Amendment to Engineering Services Contract between the City of Huntington Beach and Cash & Associates, Inc. for Water Warehouse Additions and Improvements (CC-719/CC-1058) for a cost not to exceed $73,000; approve the Settlement Committee recommendation to modify the Indemnification and Hold Harmless Paragraph of the contract; and approve a deductible amount of $50,000 for the Professional Liability Insurance; and 2. Authorized the Pubic Works Director to expend a total of $73,000 including the contract cost of $64,950, estimated contingency costs of $6,500 and estimated supplemental expenditures of $1,550. (CITY COUNCIL) APPROVED PARTICIPATION IN ORANGE COUNTY METHAMPHETAMINE LAB INVESTIGATION TEAM -Approved participation in the Orange County Methamphetamine Lab Investigation Team and authorize increasing the Police Department staffing by one (1) sworn position to replace the officer assigned to the team). (Costs reimbursed to city through Grant from California State Office of Criminal Justice Planning and Drug Asset Forfeiture Program.) 450 01/20198 - City Council/Redevelopment Agency Minutes - Page 13 (CITY COUNCIL) APPROVED REGIONAL SERVICES PROGRAMS - BUDGET AMENDMENT - (TRAFFIC SIGN FABRICATION - TRAFFIC SIGNAL MAINTENANCE - VIDEO INSPECTION OF SEWER AND/OR STORM DRAIN LINES - Approved an Amendment to the Current Year Budget by appropriating $69,000 For Regional Services Programs. (Traffic sign fabrication, traffic signal maintenance, video inspection of sewer and/or storm drain lines.) (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-4 - CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF HUNTINGTON BEACH - MASTER PLAN OF ARTERIAL HIGHWAYS (MPAH) - Adopted Resolution No. 98-4 -"A Resolution of the City Council of the City of Huntington Beach Concerning the Status of the Circulation Element for the City of Huntington Beach." (As a part of the Master Plan of Arterial Highway (MPAH) consistency review is required under the Measure "M" funding eligibility process, local jurisdictions must submit a governing body resolution affirming that no unilateral reduction in lanes has been made on any MPAH arterial. This will insure that the arterial highway portion of the City Circulation Element is in conformance with the County MPAH.) (CITY COUNCIL) APPROVED CONSULTANT SELECTION AND CONTRACT WITH CAMP, DRESSER & MCKEE, INC. (CDM) - FOR SEWER LIFT STATION "A" IMPROVEMENTS - CC-1060 - AND WET WELL EXPANSIONS - FOR ADAMS AVENUEIRANGER LANE, BROOKHURST STREETIEFFINGHAM DRIVE AND EDWARDS STREET/BALMORAL DRIVE SEWER LIFT STATIONS - CC-1061 - APPROVED MODIFICATIONS TO INSURANCE REQUIREMENTS - 1. Approved the selection of Camp, Dresser & McKee, Inc. (CDM), Irvine, California, to prepare Plans, Specifications, Permit Processing, and Cost Estimates and to perform Construction Engineering Services for Sewer Lift Station "A" Improvements; and wet well expansions for three Sewer Lifts; CC-1060 and 1061 respectively, and approved and authorized execution of the Professional Services Contract between the City of Huntington Beach and Camp, Dresser & McKee, Inc. for Engineering Services to Prepare P S &o E for Lift Station A, CC-1060 and for Wet Wells at Various Locations; 2. Approved the Settlement Committee recommendation to modify the Indemnification and Hold Harmless Paragraph (insurance requirements) of the agreement with CDM; and 3. Authorized the Public Works Director to expend $310,586, to cover contract costs of $271,586 potential change orders of $17,000, and supplemental expenditures of $12,000. (REDEVELOPMENT AGENCY) APPROVED FIRST AMENDMENT TO CONTRACT WITH ARTER & HADDEN, ATTORNEYS AT LAW - FOR LEGAL SERVICES IN THE MATTER OF BLOOM V. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH - 1. Approved First Amendment to Agreement for Legal Services between the Agency and Arter & Hadden, Attorneys at Law, and authorize its execution by the Chairman, Executive Director and attested by the Clerk; and 2. Appropriated an additional $100,000 to pay for legal services $50,000) and expert witness fees ($50,000). 461 Page 14 - Council/Agency Minutes - 01/20/98 (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-5 - AMENDS PREVIOUS RESOLUTION REGARDING: ACQUISITION OF STREET RIGHT-OF-WAY FOR GOLDENWEST STREET WIDENING - (HOLLY-SEACLIFF DEVELOPMENT AGREEMENT AREA) - MAROW - Adopted Resolution No. 98-5 - `A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 97-51 Relating to the Public Interest and Necessity of Acquisition of Portions of Property Located on Goldenwest Street in the City of Huntington Beach, California, Identified as Assessors Parcel No. 110-211-03, for the Purpose of Conducting Roadway Improvements." (Amended resolution includes specific statutory language relating to acquisition of remnant property.) (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-6 - AMENDS PREVIOUS RESOLUTION RE: ACQUISITION OF STREET RIGHT-OF-WAY FOR GOLDENWEST STREET WIDENING - (HOLLY-SEACLIFF DEVELOPMENT AGREEMENT AREA) - BORGHETTI - Adopted Resolution No. 98-6 - 'A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 97-52 Relating to the Public Interest and Necessity of Acquisition of Portions of Property Located on Goldenwest Street in the City of Huntington Beach, California Identified as Assessor's Parcel NO. 110-211-02, for the Purposes of Conducting Roadway Improvements." (Amended resolution includes specific statutory language relating to acquisition of remnant property.) (CITY COUNCIL) REPORT ON HOLLY-SEACLIFF INFRASTRUCTURE REIMBURSEMENT AND OBLIGATIONS- RECEIVED AND FILED The City Council considered a communication from the Community Development Director, Public Works Director, Acting Assistant City Administrator -Fire Chief, and City Attorney transmitting: a Report on the Holly-Seacliff Infrastructure Reimbursement and Obligations including: 1. the timing for completion of reimbursement determination; 2. the timing for completion of the infrastructure obligations; and 3. the feasibility of guarantees, e.g. bonds, to insure that the infrastructure is completed. Community Development Director Fallon presented a staff report using slides. Public Worms Director Jones reported. City Clerk Brockway stated that a quorum of the Council was needed at the Council table and a quorum was returned. Police Chief Lowenberg reported on his department's needs and planning regarding police facilities to serve the Holly-Seacliff area. Councilmember Bauer stated his concerns to protect the residents of Huntington Beach to have a water supply. He stated that he did not want to place a bond requirement on PLC Company but assurance must be given to the city in the event that the developer is not able to complete the infrastructure requirements. Considerable discussion was held between Council and Acting City Administrator Silver. 452 01/20/98 - City Council/Redevelopment Agency Minutes - Page 15 Councilmember Bauer requested that a critical path chart be developed and that Council obtain independent outside counsel who has expertise in this area; also a mechanism to assure that a reservoir will be built. Councilmember Garofalo stated the bench marks that he believes should be met to resolve the problems. At the request to Councilmember Harman, Deputy City Attorney Fields reported on the issue of requiring PLC to bond for infrastructure requirements. Acting City Administrator Silver presented a detailed report of staffs efforts to resolve issues. Bill Holman, representing PLC Company, complemented Acting City Administrator Silver and staff on a focused comprehensive staff report. He stated that as upheld by the Planning Commission last week, PLC Company is in compliance with the Holly Seacliff Development Agreement. He presented a slide report showing items completed. Mr. Holman stated that in response to Councilmember Sullivan's inquiry at the last meeting, PLC does buy into the timeline schedule. He stated that PLC Company and the city are close on issues and that the main issue is the water reservoir. Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Slide report - Holly Seacliff Development Status Report A motion was made by Garofalo, second Julien to receive and file the report on Holly-Seacliff Infrastructure Reimbursement and Obligations and that the Council's Sub -Committee meet in the next 30 days and formulate a plan according to items set forth in the slide report submitted on this agenda item and that it be used as a working outline. Acting City Administrator Silver stated it is his intention to work with the City Attorney's Office to send letters to PLC Company and get the timeline rolling. The motion made by Garofalo, second Julien carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green ACTING CITY ADMINISTRATOR SILVER TO RETAIN OUTSIDE LEGAL COUNSEL RELATIVE TO HOLLY SEACLIFF INFRASTRUCTURE REIMBURSEMENT AND OBLIGATIONS A motion was made by Bauer, second Harman that if requested by the Acting City Administrator, Council retain outside legal counsel to interpret the City's obligation under the Holly-Seacliff 453 Page 16 - Council/Agency Minutes - 01/20/98 Development Agreement, in particular evaluate what the term "Best Effort" and "Fair Share" mean and if necessary assist in preparation of the City's case should the city go to arbitration. (CITY COUNCIL) RECEIVED AND FILED BOLSA CHICA REPORT UPDATE - COUNCIL DIRECTION PROVIDED TO STAFF The City Council considered a transmittal of a Bolsa Chica Report Update requested by the City Council at its December 15, 1997 Council meeting. The report relates to the proposed Koll development of the Bolsa Chica and updates the City Council on four aspects of the Balsa Chica project, specifically; the Water Pipeline, Environmental Processing, the role of the Local Agency Formation Commission (LAFCO), and Service Agreements. Community Development Director Fallon presented a staff report using slides. She reported that there are two new legal opinions from the City Attorney's Office which are contained in the staff report. She stated that the County is planning a mitigated negative declaration for the water pipeline, however it is the opinion of the Community Development Department and the City Attorney's Office that a supplemental Environmental Impact Report is required. She presented reasons for this opinion. She stated that an addendum planned by the county does not give a chance for public input. She spoke regarding the Coastal Development Permit and environmental review requirement. She reported regarding the city being the responsible agency under CEQA, using the county EIR; that if the city feels the county EIR is not adequate the city can go to court and prepare its own. She reported on LAFCO responsibilities. Councilmember Garofalo spoke regarding the need for staff to return to Council with a clear and precise process. In response to Councilmember Bauer, Community Development Director Fallon stated that she believes the county should be challenged in court if the county does not do a supplemental Environmental Impact Report and does an addendum where no public input is required. Deputy City Attorney Fields spoke regarding the issue of granting a franchise to the water provider. The issue of Koll Company wanting to fill Warner Pond was clarified and Planning Director Zelefsky reported. Councilmember Bauer asked if staff could answer the questions of the Bolsa Chica Land Trust and Community Development Director Fallon responded that many can be answered and that some would take more time. Discussion was held regarding the necessity of the library and fire services being approved by LAFCO. Further discussion was held regarding the subject including annexation procedures on which Ms. McKinley, representing LAFCO reported. Deputy City Attorney Fields also reported on annexation procedures. 454 01/20/98 - City Council/Redevelopment Agency Minutes - Page 17 Several questions were presented by Councilmember Sullivan to which staff responded. Staff responded to questions regarding whether there is any information regarding the proposed water company. Discussion was held regarding franchise agreement procedures. Councilmember Garofalo spoke regarding the need for a report on the advantages and disadvantages of the project. Earlier in the meeting, City Clerk Brockway had announced that the following communications on this item had been provided to the City Council: Communication from Bob Winchell and Eileen Murphy, Co -Chairs, Bolsa Chica Land Trust Water Committee, dated January 19, 1998 Regarding Bolsa Chica Report Update Communication from Melanie Fallon, Community Development Director, dated January 20, 1998, regarding Legal Opinions on Bolsa Chica Slide Presentation from Melanie Fallon, Community Development Director, dated January 20, 1998, regarding Bolsa Chica Update Memorandum from Melanie Fallon, Community Development Director, dated January 20, 1998, regarding relevant documentation on the Bolsa Chica Report and Bolsa Chica Waterline A motion was made by Garofalo, second Green to receive and file the Bolsa Chica report and direct the Acting City Administrator to return to Council with a cost benefit study for the Koll Bolsa Chica Development Project and the pros and cons of annexation. Mayor Pro Tern Green stated that he would like staff to prepare a report as thorough and complete as the report this evening on the pros and cons of annexation. Councilmember Garofalo restated his motion to receive and file the Bolsa Chica report and to direct the Acting City Administrator to return to Council with a cost benefit analysis of annexation and to authorize the Acting City Administrator to write Koll Company regarding their receptivness to annexation and to request a written response from the Koll Company. Acting City Administrator Silver stated that to give a complete report as requested will tame some time. He presented the areas that will have to be known such as Koll Company plans for the roads, the tax -benefit agreement and other items. He stated that it would not be a complete report. Councilmember Bauer stated that sales tax benefit must be considered. He stated that Koll Company's desire to annex should be determined. The motion made by Garofalo, second Green carried unanimously. 455 Page 18 - Council/Agency Minutes - 01/20/98 COUNCIL MOTION TO ADJOURN FOLLOWING CONSIDERATIONS OF ORDINANCES A motion was made by Green, second Julien that the City Council Meeting be adjourned following actions taken on the ordinances appearing on the agenda. The motion carried by the following roll call vote: AYES: Julien, Harman, Bauer, Sullivan, Green, Garofalo NOES: Dettloff ABSENT: None (CITY COUNCIL) ADOPTED ORDINANCE NO. 3381 RE: ESTABLISHMENT OF GRANT OF FRANCHISE PROCEDURE & FRANCHISE PROCESSING COSTS FOR WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORKS (640.10) - The City Council considered approval of introduction of Ordinance No. 3381 regarding the establishment of grant and franchise procedure and franchise processing costs for wireless digital communications radio networks. A motion was made by Garofalo, second to adopt Ordinance No. 3381 following a reading by title by the City Clerk - "An Ordinance of the City of Huntington Beach Amending Chapter 12.48 of the Huntington Beach Municipal Code Regarding Wireless Digital Communication Radio Networks." The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) APPROV12D INTRODUCTION OF SPEED LIMIT ORDINANCE NO. 3383 FOR HEIL AVENUE WITH A CORRECTION FOR NEWLAND STREET The City Council considered proposed Ordinance No. 3383 - "An Ordinance Of the City of Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code Pertaining to Speed Limits." (Amends Chapter 10.12 of the Huntington Beach Municipal Code, setting the speed limit on Heil Avenue at 35 miles per hour and reducing the speed limit on Newland Street, between Adams Avenue and Indianapolis Avenue to 45 miles per hour from 50 miles per hour.) Also transmitted in Council's packet was a communication from Councilmember Garofalo stating there is ample evidence and historical data to justify the lowering of current speed limits on Heil Avenue between Saybrook Lane and Beach Boulevard. The number, frequency and magnitude of traffic fatalities and accidents along this corridor warrant this action. 456 01/20/98 - City Council/Redevelopment Agency Minutes - Page 19 A motion was made by Sullivan, second Green to approve introduction of Ordinance No. 3383 - "An Ordinance Of the City of Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code Pertaining to Speed Limits." (Amends Chapter 10.12 of the Huntington Beach Municipal Code, setting the speed limit on Heil Avenue at 35 miles per hour and reducing the speed limit on Newland Street, between Adams Avenue and Indianapolis Avenue to 45 miles per hour from 50 miles per hour.) 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. 3384 - GRANTS FRANCHISE TO METRICOM, INC. TO INSTALL, OPERATE & MAINTAIN A "RICOCHET" WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORK IN CITY PUBLIC RIGHTS -OF - WAY The City Council considered proposed Ordinance No. 3384 to grant a franchise to Metricom Incorporated to install, operate and maintain "Ricochet" wireless digital communications radio network in city public rights -of -way. A motion was made by Sullivan, second Garofalo to approve Introduction of Ordinance No. 3384 - "An Ordinance of the City of Huntington Beach Granting a Franchise to Metricom, Inc. to Install, Operate and Maintain a "Ricochet "Wireless Digital Communications Radio Network in the City Public Right -Of- Way." 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 FRANCHISE AGREEMENT - METRICOM, INC. - "RICOCHETT "` WIRELESS, DIGITAL COMMUNICATIONS RADIO NETWORK - TO BE EFFECTIVE UPON EFFECTIVE DATE OF ORDINANCE NO. 3385 The City Council considered a communication from Acting Assistant City Administrator -Fire Chief Dolder and the Public Works Department transmitting a proposed Franchise agreement between the City and Metricom, Inc. relative to a "Ricochet" Wireless Digital Communications Radio Network in the city public rights -of -way for a five year term, renewal automatically for up to two successive terms of five years each. 457 Page 20 - Council/Agency Minutes - 01/20/98 A motion was made by Garofalo, second Sullivan, to approve and upon effective date of Ordinance No. 3385, authorize execution by the Mayor and City Clerk of Franchise Agreement between the City and Metricom, Inc., to Install Operate and Maintain a "Ricochet' Wireless Digital Communications Radio Network in the City Public Right -Of -Way. 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. 3385 - RELATING TO SMOKING IN PLACES OF EMPLOYMENT The City Council considered proposed Ordinance No. 3385 relating to smoking in places of employment. A motion was made by Sullivan, second Garofalo to approve introduction of Ordinance No. 3385 - 'An Ordinance of the City of Huntington Beach Amending Chapter 9.08 of the Huntington Beach Municipal Code Pertaining to Smoking Regulations following a reading by title by the City Clerk. Community Development Director Fallon stated that with this law Code Enforcement will administer the ordinance rather than the Police Department. In response to Councilmember Garofalo, Community Development Director Fallon stated that they will not be enforcing this law at 2:00 a.m., but would have a complaint process. She briefly described the process. The motion was made by Sullivan, second Garofalo carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) POLICY FOR ENFORCEMENT OF THE NEW STATE SMOKING LAW EFFECTIVE JANUARY 1, 1998 - REQUEST FOR STAFF REPORT The City Council considered a communication from Councilmember Garofalo regarding requests from a number of restaurants and bars as well as constituents regarding the city policy relative to enforcement of the state smoking law effective January 1, 1998. A motion made by Garofalo, second Julien that the City Council direct staff to return with a program defining the current level of enforcement and what increased enforcement will cost. The motion carried unanimously. 458 01/20/98 - City Council/Redevelopment Agency Minutes - Page 21 THE FOLLOWING ITEMS WERE DEFERRED TO THE FEBRUARY 2, 1998 COUNCIL MEETING: (City Council) Support for Assembly Bi1726 - (Baugh) regarding: regulation of sexually oriented businesses (City Council) On -street parking on Garfield Avenue - request for report (City Council) Proposed welcome letter to new homeowners in the Holly-Seacliff Development area regarding quality of life issues in Huntington Beach ADJOURNMENT - CITY COUNCILIREDEUELOPMENT AGENCY Mayor Dettloff adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:45 p.m. to the regular meetings to be held on Monday, January 26, 1998 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk 1�11_10'_' City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California M or/Chairma 459