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HomeMy WebLinkAbout1998-02-02 (9)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Monday, February 2, 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, Harman, Green, Dettloff, Sullivan, Garofalo Absent: Bauer PUBLIC COMMENTS ON STUDY SESSION OR CLOSED SESSION ITEMS JIM MARTIN, addressed Council in opposition to establishing residential uses in the city rather than uses that will gain the city revenue. Referring to the City Council study session on infill lots he spoke against trying to absorb the infill lots. JOANNE KESSELL, expressed her concern regarding property she owns that is located between 17th and 18th Streets on Pacific Coast Highway. She stated that she did not know which use would be worse, commercial or residential. She stated whatever goes in there, parking will be a big problem. She stated that'she would like a large setbacks from the alley for whatever kind of parking or underground parking may be planned as her garages open into the alley. She requested to be kept informed and Mayor Dettloff stated that she would be kept informed. H^--V Page 2 - Council/Agency Minutes - 02/02/98 (CITY COUNCIL) STUDY SESSION - POTENTIAL CONFLICT BETWEEN IN -FILL LOT DEVELOPMENT AND ADJACENT USES (450.10) Community Development Director Fallon presented a staff report. She referred to the communication from her office dated February 2, 1998, titled Vacant Infill Properties in Downtown Area. She informed Council that this communication is included in the Late Communications to the City Council to be announced by City Clerk Brockway. Community Development Director Fallon introduced Mary Beth Broeren, Senior Planner and Herb Fauland, Senior Planner. Mary Beth Broeren, Senior Planner, reported on issues relative to infill lots, referring to a memorandum from Economic Development Director Biggs dated February 2, 1998, titled Preliminary Review of "Vacant Commercial Infill Properties", Community Development Department Memorandum Dated January 28, 1998. Economic Development Director Biggs distributed his document dated February 2, 1998 to the members of the City Council. Councilmember Garofalo, referring to the 11 sites set forth in the memorandum from the Economic Development Director, stated his concerns which included the need to look at combining sites in the downtown area. Councilmember Garofalo spoke regarding Sites Numbers 6 and 7 on Beach Boulevard. Councilmember Sullivan requested that a map be provided in the packet for all of the sites. He reported on his tour of the Town and Country Center at Ellis Avenue and Beach Boulevard and stated he would be opposed to residential at this infill lot site. Staff reported on the Beach Boulevard sites. Acting City Administrator Silver stated that the city has a model which has been approved by the City Attorney's Office to provide financial incentive to property owners. Mayor Pro Tern Green spoke regarding the Council's previous effort to improve Beach Boulevard through the Redevelopment Agency process, which was opposed by the property owners for reasons including opposition to eminent domain. Mayor Pro Tern Green stated that he would prefer to concentrate on big areas such as the Edinger Corridor, Huntington Center Mall and Pacific Coast Highway. He stated that there are not enough staff resources to cover everything. Mayor Dettloff stated that she believed the entirety of Beach Boulevard needed to be studied in a cooperative venture with the property owners. Councilmember Garofalo stated that he believed the Economic Development Department is tremendously understaffed and that there is a need for private enterprise to put together a plan. Councilmember Harman stated that he believes Beach Boulevard is slowly sliding downward in contrast to Brookhurst Street in Fountain Valley. C1;1; 02/02/98 - City Council/Redevelopment Agency Minutes - Page 3 Acting City Administrator Silver informed Council that staff will report back to Council on an approach and process on this issue. Councilmember Garofalo stated that he believes there is a possibility for lot consolidation on Beach Boulevard, but not on Edinger Avenue. MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80) A motion was made by Harman, second Sullivan, to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote with Councilmember Bauer being absent. (City Council) Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(A) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Morrow v. City of Huntington Beach, Orange County Superior Court Case No. 77 65 87. Subject Morrow v. City of Huntington Beach. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Metzger, etc. et. al. vs. City of Huntington Beach, Orange County Superior Court Case No. 764322. Subject: Metzger, etc. et. al v. City of Huntington Beach. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City of Huntington Beach v. Montgomery Watson. Subject: City of Huntington Beach v. Montgomery Watson. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Nammari v. City of Huntington Beach, Orange County Superior Court Case No. 76 91 83. Subject: Nammari v. City of Huntington Beach. (120.80) RECONVENE Mayor Dettloff reconvened the regular meetings of the City Council and Redevelopment Agency at 7:07 p.m. in the Council Chamber. 467 Page 4 - Council/Agency Minutes - 02/02/98 CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Sullivan, Garofalo Absent: Bauer FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by Councilmember Julien. INVOCATION: The invocation was given by Councilmember Sullivan. LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following late communications regarding Agenda Items which had been received following distribution of the agenda: She informed Council that she had copied the missing maps on Study Session Item which she had accidentally not duplicated in the Council packet. Memorandum from Economic Development Department dated February 2, 1998, titled Preliminary Review of " Vacant Commercial Infill Properties", Community Development Department Memorandum Dated January 28, 1998 Memorandum from the Community Development Director dated February 2, 1998 titled Vacant Infill Properties in Downtown Area Treasurer's Report dated February 2, 1998 (Slide Report) Memo from the City Attorney titled Presentation of Staff Report regarding Eminent Domain Hearing for Goldenwest Street widening for February 2, 1998 Council Meeting Memorandum from the Community Development Director dated February 2, 1998 titled Minor Additions to the Huntington Beach Nuisance Code Slide presentation dated February 2, 1998, from the Community Development Director titled Proposed Nuisance Code, Ordinance No. 3386 Memorandum from the City Attorney dated February 2, 1998 titled Agenda Item H-7B On City Council Agenda of February 2, 1998 - Proposed Welcome Letter to New Homeowners in the Holly-Seacliff Development Area Regarding Quality of Life Issues in Huntington Beach Memorandum from Councilmember Dave Garofalo dated January 30, 1998 titled " H " Item For February 2, 1998 - Driftwood Golf Course relative to the possibility that the city may have one less "public" golf course in the community due to the eventual elimination of Driftwood Golf Course 468 02/02/98 - City Council/Redevelopment Agency Minutes - Page 5 PRESENTATION - To Mayor Dettloff, the City Council, and Susan Edwards, Project Self Sufficiency Coordinator, from Jim McLaughlin and Dave Osborne, Huntington Beach Realtors, of a check in the amount of $1,500 representing proceeds from the Fountain Valley Board of Realtors Bowling Tournament. (160.40) PRESENTATION - By Mayor Dettloff, the City Council, and Ron Hayden, Library Services Director, to Donna Randall, Library Services representative, of a plaque and check in the amount of $1,500 for her employee suggestion Computer Telephone System for Patron Notices, which is an automated telephone notification system that calls library patrons to deliver a pre-recorded voice message concerning overdue items and reserved items. This suggestion is projected to save about $26,000 annually. (160.40) PRESENTATION - By Mayor Dettloff and the City Council, to Bob Franz, Deputy City Administrator -Administrative Services Director, of a plaque and certificate for Excellence in Financial Reporting from The Government Finance Officers Association of the United States and Canada. (160.40) PRESENTATION - By Cindy Gotoski, Orange County Red Cross Field Representative, to Mayor Dettloff, the City Council, and Ron Hayden, Library Services Director, and representatives from the Library, a plaque in recognition for the contribution to the recent Blood Drive by the Library Services Department. The Library Services Department had the largest percentage of participation from employees. (160.40) PRESENTATION - By Mayor Dettloff and the City Council, presentation of The Mayor's Award to Lieutenant Dan Johnson. (160.40) PRESENTATION - By Mayor Dettloff and the City Council to Public Works Director Les Jones upon his leaving the City of Huntington Beach and assuming the position of Public Works Director for the City of Garden Grove. Request By Councilmember Garofalo Relative to Red Cross Procedure During Disasters Councilmember Garofalo requested that discussions be held with representatives of the Red Cross relative to the issue of allowing pets to accompany senior citizens to shelters during disasters. He thanked the Red Cross for their work and their presence in the City of Huntington Beach. PUBLIC COMMENTS HERB MASSINGER, thanked the Council and community for their support of the 1998 Pacific Shoreline Marathon event. Councilmember Sullivan read from past City Council minutes where it was indicated that the Pacific Shoreline Marathon would be called the Huntington Beach Shoreline Marathon. He asked whether the marathon can be called the Huntington Beach Shoreline Marathon as he believed the event should be so named.. Ew Page 6 - Council/Agency Minutes - 02/02/98 Mr. Massinger stated that it is a complex question and spoke regarding the issues involved. Councilmember Garofalo stated that it is also his goal to have the marathon known as the Huntington Beach Shoreline Marathon. ELLIE SCHAFFNER, thanked Councilmembers Harman, Bauer, Garofalo, and Sullivan for their assistance relative to the Morse Circle residence situation. DENISE STONE, thanked Council for their efforts to solve the Morse Circle problem. She requested that the Council take appropriate actions such as adopting a law similar to that of the City of Long Beach. DAVID FLYNN, requested that Council adopt a resolution requiring that the City Attorney's Office not sign off on issues relative to Morse Circle until problems are resolved. He stated that the size of the Code Enforcement staff should be greatly increased to protect conditions in the city. TAYLOR RICHARDSON, spoke regarding the Morse Circle residence problem and the difficulties he had encountered in court cases brought against him of which all were dismissed. Fire Chief Dolder presented an update on the violations on Morse Circle which have been filed with the court. He spoke regarding how restitution to the city could be made by the court. Fire Chief Dolder reported on the motion filed by the Morse Circle residence owner. He spoke regarding the proposed ordinance scheduled on this meeting's agenda, which will help staff and City Attorney Hutton in code enforcement issues. Jennifer McGrath, Deputy City Attorney, responded to Councilmember Garofalo regarding the city's abilities to make it so that a change of venue for the case does not occur. In response to Mayor Dettloff, Fire Chief Dolder stated that $200 is the only outstanding amount due from the property owner at this time. Jennifer McGrath, Deputy City Attorney, reported on an additional $5,000 that is currently in the court system. (CITY COUNCIL) PREPARATION OF REPORT REGARDING NUISANCE HOUSES IN THE CITY Acting City Administrator Silver informed Council that staff is preparing a report relative to the issue of nuisance houses in the city. (CITY COUNCIL) PUBLIC WORKS DIRECTOR LES JONES COMMENDED Acting City Administrator Silver addressed Council regarding how Public Works Director Jones' presence as the Public Works Director has benefited the City of Huntington Beach. He cited Public 470 02/02/98 - City Council/Redevelopment Agency Minutes - Page 7 Works Director Jones' accomplishments including the establishment of a Corporate Sponsorship Program. Acting City Administrator Silver spoke regarding Mr. Jones' fine attributes including his work ethic. He stated that Public Works Director Jones' resignation is a major loss for Huntington Beach and a gain for the City of Garden Grove. (CITY COUNCIL) REPORT TO BE PRESENTED REGARDING PROPOSED ENFORCEMENT OF NEW LEGISLATION RELATIVE TO SMOKING Community Development Director Fallon reported that staff is planning to prepare a report in two weeks regarding the staff proposal on how to proceed with the new state legislation relative to smoking regulations. (CITY COUNCIL) PUBLIC WORKS DIRECTOR'S REPORT ON EL NINO PREPARATIONS Public Works Director Jones presented a report on the city's El Nino preparations including repair of a storm drain line on Gothard Street between Warner and Slater Avenues. He reported on the procedure for the public to obtain sand bags. (CITY COUNCIL) REVIEW AND ACCEPT CITY TREASURER'S DECEMBER, 1997 INVESTMENT SUMMARY REPORT (310.20) The City Council considered a communication from City Treasurer Freidenrich transmitting the December, 1997 Monthly Investment Summary Report for City Council review and acceptance. City Treasurer Freidenrich presented a staff report. In response to Councilmember Harman, City Treasurer Freidenrich reported on the review of the city's investment policy provided to her office by the Municipal Treasurer's Association. She reported that there were two areas in which they recommended the policy be improved. City Treasurer Freidenrich informed Council that once these areas are improved upon, the City Investment Policy will be ready for certification by the Municipal Treasurer's Association. Councilmember Harman complimented City Treasurer Freidenrich on the great job she is performing. Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Treasurer's Report dated February 2, 1998 (Slide Report) Following review of the report, a motion was made by Garofalo, second Green to accept the Monthly Investment Summary Report for December, 1997, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. 471 Page 8 - Council/Agency Minutes - 02/02/98 The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Garofalo NOES: None ABSENT: Bauer (Sullivan absent from room) CITY ATTORNEY'S REPORT OF ACTION TAKEN AT CLOSED SESSION ON NOVEMBER 17, 1997 AS REQUIRED BY LAW (GOVERNMENT CODE 54957.1 (a) (3) (B) - REGARDING FRAPS LIABILITY CLAIM NO. 96-027558 - CONDITIONS OF CITY PARK City Attorney Hutton announced that the City Council by a vote of 7-0 during Closed Session on November 17, 1997, authorized settlement of the referenced claim - FRAPS Liability Claim No. 96-027558. The claim was for personal injury relating to dangerous conditions of the city park, i.e. a dead tree fell on claimant. (CITY COUNCIL) CLOSED PUBLIC HEARING - RESOLUTION NO. 98-7 - REVISIONS TO THE CITY'S BICYCLE SAFETY CLASS ATTENDANCE FEE - INCREASE FROM $10 TO $15 - PROJECT PASSPORT AND APPROVAL OF EXPANSION OF BICYCLE SAFETY PROGRAM (340.20) The City Council considered a Public hearing which had been closed on January 20, 1998, with decision continued to February 2, 1998 regarding a proposed new rate to 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 who 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. Police Chief Low enberg presented a staff report. He responded to Councilmember Sullivan's questions regarding the differences between fees for classes and court costs if the persons do not attend the classes. Police Chief Lowenberg responded to Councilmember Harman on how the lesson plan has been developed to include pedestrian safety with bicycle safety. Acting City Administrator Silver reported on the positive part of this program relative to the passport program. A motion was made by Sullivan, second Harman to approve the -following recommended actions: 1. Approve the addition of juvenile pedestrian violators to the existing Bicycle Safety Class, AND El 02/02/98 - City Council/Redevelopment Agency Minutes - Page 9 2. Approve an increase in the Registration Fee from $10.00 to $15.00, by adopting Resolution No. 98-8 - 'A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 5159 Entitled, 'A Resolution of the City Council of the City of Huntington Beach Establishing a City Fee Schedule' as to Services Offered Under the Police Department. " (Supplemental Fee Resolution No. 62) AND 3. Authorize an appropriation of $3,000 from the unappropriated General Fund balance. (This amount will be offset by the new revenue.) The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo NOES: None ABSENT: Bauer CONSENT CALENDAR - ITEMS APPROVED On motion by Garofalo, second Green, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo NOES: None ABSENT: Bauer (CITY COUNCIUREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of January 5, 1998 as written and on file in the Office of the City Clerk. (CITY COUNCIL) APPROVED THE SUBSTITUTION OF BONDS AND SUBDIVISION AGREEMENT FROM SCH HOUSING NO. 3 LLC (LIMITED LIABILITY COMPANY) IN PLACE OF PLC LAND CO. - TRACT NO. 14979 - NORTH OF ERNEST, EAST OF GOTHARD - (HOLLY-SEACLIFF DEVELOPMENT AGREEMENT AREA) (420.60) - 1. Released PLC Land Company Subdivision Agreement and Bond Nos. 3SM 890 122 00 and 3SM 889 988 00 (American Motorists Insurance Company), the securities furnished for Faithful Performance, Labor and Material and Monuments respectively; 2. Accepted SCH Housing No. 3 LLC Subdivision Agreement and Bond Nos. 3SM 909 080 00 and 3SM 909 081 00 (American Motorists Insurance Company), the securities furnished for"Faithful Performance, Labor and Material and Monuments respectively, and approved and authorized execution by the Mayor and City Clerk of the Subdivision Agreement and file the bonds with the City Treasurer; and Instructed the City Clerk to notify the previous developer, PLC Land Company of this action, and the City Treasurer to notify the bonding company of this action. 473 Page 10 - Council/Agency Minutes - 02/02/98 (REDEVELOPMENT AGENCY) APPROVED TRANSFER AND ASSUMPTION OF AFFORDABLE HOUSING AGREEMENT AND LOAN - 725-733 UTICA AVENUE - ASSOCIATES NINE TO YARON LEVY (CALIFORNIA FLOOD AND FLAME CONSTRUCTION CORPORATION) - (600.30) Authorized the Chairman and Agency Clerk to execute the Assumption Agreement between the Redevelopment Agency and Yaron Levy (California Flood and Flame Construction Corporation), with all of the attachments provided of the Affordable Housing Agreement and loan for the property located at 725-733 Utica Avenue, a 36-unit affordable housing complex. (CITY COUNCIL) SPECIALLY NOTICED ADMINISTRATIVE HEARING - ADOPTED AMENDED RESOLUTION OF PUBLIC INTEREST AND NECESSITY NOS. 98-8, 98-9, 98-10, 98-11 AND 98-12 - GOLDENWEST STREET RIGHTS -OF -WAY - PROPERTY ACQUISITION BETWEEN ELLIS AVENUE/CLAY STREET - LANDIS - SPELTS - GHODOOSHIN - S AND C OIL CO. (WILLIAMS) - WEIR OIL CO. (650.50) Mayor Dettloff made the following announcement on the Resolutions of Necessity for the Goldenwest Street Widening Project at the City Council meeting on February 2, 1998: 1. This agenda item is a specially noticed hearing held under Code of Civil Procedure Section 1245.235. Only those persons who have been specially noticed and have previously requested to appear and be heard, or their designees, under Code of Civil Procedure Section 1245.235, shall be heard at this time. 2. The subject matter of this special hearing is limited to only those matters included in the proposed resolutions. The amount of compensation is not at issue during this public hearing. It will be decided by the courts at a later date, should the resolutions be adopted. 3. A two-thirds majority of the entire City Council is required to adopt the resolutions; the resolutions must receive five affirmative votes to be adopted. Mayor Dettloff opened the specially noticed hearing. There being no one who had previously requested to appear and be heard and no one present at this meeting the hearing was closed by Mayor Dettloff. Deputy City Administrator Franz presented a report. Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Memo from the City Attorney titled Presentation of Staff Report regarding Eminent Domain Hearing for Goldenwest Street widening for February 2, 1998 Council Meeting A motion was made by Garofalo, second Green to approve the following recommended action: 1. Adopt Resolution of Public Need and Necessity No. 98-8 - "A Resolution of the City Council of the City of Huntington Beach Declaring 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. 110-210-01 for the Purposes of Conducting Roadway Improvements." (William Landis) 474 02/02/98 -City Council/Redevelopment Agency Minutes - Page 11 and 2. Adopt Resolution of Public Need and Necessity No. 98-9 - "A Resolution of the City Council of the City of Huntington Beach Declaring 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. 110-210-07 for the Purposes of Conducting Roadway Improvements." (Edward Spelts, et al) and 3. Adopt Resolution of Public Need and Necessity No. 98-10 - "A Resolution of the City Council of the City of Huntington Beach Declaring 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. 110-211-01, 110-211-04, and 110-211-05 for the Purposes of Conducting Roadway Improvements." (Robert Ghodooshin, et al) and 4. Adopt Resolution of Public Need and Necessity No. 98-11 - "A Resolution of the City Council of the City of Huntington Beach Declaring 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. 111-120-01 for the Purposes of Conducting Roadway Improvements." (S & C Oil Company, Inc., B. G. Williams) and 5. Adopt Resolution of Public Need and Necessity No. 98-12 - "A Resolution of the City Council of the City of Huntington Beach Declaring 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. 111-120-28 for the Purposes of Conducting Roadway Improvements." (Weir Oil Co., Inc., Donald A. Weir) The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo NOES: None ABSENT: Bauer (CITY COUNCIL) APPROVED ADOPTION OF SPEED LIMIT ORDINANCE NO. 3383 FOR HEIL AVENUE WITH A CORRECTION FOR NEWLAND STREET (580.60) The City Council considered adoption 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.) Page 12 - Council/Agency Minutes - 02/02/98 A communication had been received 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 communication had been received from Councilmember Garofalo. Discussion was held between the City Council and Police Chief Lowenberg regarding the proposed ordinance including enforcement procedures. He informed Councilmember Harman that radar could not be used; that pace procedure would be used as well as officer judgement, such as an officer making an observation of a car going quite fast, would suffice in court. Police Chief Lowenberg stated his department would see how it works and report back to Council if they feel a need to revisit the issue. Councilmember Garofalo stated that he has read the law and questioned why is not the mitigating circumstances of number, frequency and intensity of accidents be considered and radar allowed; that the 87% speed limit is only one criteria. Police Chief Lowenberg stated that he believed this is a Public Works Engineering issue. Acting City Administrator Silver stated that if Council concurs he will report back to Council. Councilmember Garofalo stated he is convinced from his reading of the law that the city is allowed to use radar based on the reasons that the city is not complying with the 87% rule. He stated that the city should research this. Councilmember Garofalo stated that he knows the Legislative Affairs Committee has studied this, however Assemblyman Baugh has had conversations at the state level with the authors of that original bill to try to change that concept of it. A motion was made by Garofalo, second Green to adopt Ordinance No. 3383, following a reading by title by the City Clerk, "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.) The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo NOES: None ABSENT: Bauer (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3384 - GRANTS FRANCHISE TO METRICOM, INC. TO INSTALL, OPERATE & MAINTAIN WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORK IN CITY PUBLIC RIGHTS -OF -WAY (600.45) The City Council considered adoption 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." 476 02/02/98 - City Council/Redevelopment Agency Minutes - Page 13 A motion was made by Harman, second Garofalo to adopt Ordinance No. 3384 following a reading by title by the City Clerk, "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." The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo NOES: None ABSENT: Bauer (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3385 - RELATING TO SMOKING IN PLACES OF EMPLOYMENT (640.10) The City Council considered adoption 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." A motion was made by Garofalo, second Sullivan to adopt Ordinance No. 3385 following a reading by title by the City Clerk, "An Ordinance of the City of Huntington Beach Amending Chapter 9.08 of the Huntington Beach Municipal Code Pertaining to Smoking Regulations." The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo NOES: None ABSENT: Bauer (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3386 - ZONING TEXT AMENDMENT NO. 98-1 - REPEALING CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO PROPERTY MAINTENANCE AND ADDING CHAPTER 17.10 TO BE DESIGNATED AS THE HUNTINGTON BEACH NUISANCE CODE - (640.10) Community Development Director Fallon presented a staff report. She presented additional recommended bold type wording to be inserted in the proposed ordinance. Mike Strange, Senior Planner, presented a report using slides. Jennifer McGrath, Deputy City Attorney reported on the success of the City of Long Beach in implementing that city's ordinance. Councilmember Harman requested that a change be made in the wording in the proposed ordinance as follows: that the word this notice be changed to the notice, also that the words notice of abatement be inserted .in place of nature of abatement. Mike Strange, Senior Planner, responded to Councilmember Garofalo's questions regarding the issue of fines. 477 Page 14 - Council/Agency Minutes - 02/02/98 Earlier in the meeting, City Clerk Brockway had announced that the following communications on this item had been provided to the City Council: Memorandum from the Community Development Director dated February 2, 1998 titled Minor Additions to the Huntington Beach Nuisance Code Slide presentation dated February 2, 1998, from the Community Development Director titled Proposed Nuisance Code, Ordinance No. 3386 Discussion was held regarding the proposed ordinance. A motion was made by Garofalo, second Julien to approve introduction of Ordinance No. 3386 as amended by including the following bold type wording: B. The violation of any provisions of the following Uniform Codes which have been adopted, as amended, by the City of Huntington Beach: 1. Uniform Building Code; 2. National Electrical Code; 3. Uniform Fire Code; 4. Uniform Housing Code; 5. Uniform Plumbing Code; 6. Uniform Mechanical Code; 7. Uniform Code for the Abatement of Dangerous Building 8. Uniform Swimming Pool, Spa and Hot Tub Code 9. Uniform Administrative Code C. The violation of any provision of the Huntington Beach Municipal Code, or the Huntington Beach Zoning and Subdivision Ordinance Code - or any code adopted by reference. D. The operation or maintenance of any business, trade or professional in violation of Title 5 of this Code - or not having a proper certificate of occupancy. AND, that the word this notice be changed to the notice, also that the words notice of abatement be inserted in place of nature of abatement, as recommended by Councilmember Harman. Discussion was held between the Council and Deputy City Attorney McGrath regarding the provisions of the proposed ordinance relative to the ability to impose fines. Following a reading by title by the City Clerk of Ordinance No. 3386 as amended, the motion made by Garofalo, second Julien carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo NOES: None ABSENT: Bauer 478 02/02/98 - City Council/Redevelopment Agency Minutes - Page 15 (CITY COUNCIL) APPROVED REQUEST FOR MSI REPORT TO CONTAIN INFORMATION ON FULL RECOVERY COSTS FOR RESPONSE TO POLICE/FIRE DEPARTMENT FALSE ALARMS (600.10) The City Council considered a communication from Councilmember Julien requesting a report relative to the costs to the city and citizens of response to false alarms. Councilmember Julien presented reasons why she believed the cost must be reviewed. A motion was made by Julien, second Green to direct staff to review the full recovery cost for responding to Police/Fire Department false alarms and present this information to Council along with the MSI Report. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo NOES: None ABSENT: Bauer (CITY COUNCIL) APPROVED REQUEST FROM COUNCILMEMBER BAUER FOR PERMISSION TO BE ABSENT FROM FEBRUARY 2, 1998 CITY COUNCIL MEETING (120.40) The City Council considered a communication from Councilmember Bauer requesting permission to be absent from the February 2, 1998 City Council meeting. A motion made by Garofalo, second Julien to approve Councilmember Bauer's request for permission to be absent from the February 2, 1998 City Council meeting. The motion carried unanimously. (CITY COUNCIL) SUPPORT ASSEMBLY BILL 726 - (BAUGH) RE: REGULATION OF SEXUALLY ORIENTED BUSINESSES - REFERRED TO INTERGOVERNMENTAL RELATIONS COMMITTEE (120.70) The City Council considered a communication from Councilmember Garofalo recommending Council send a letter to the appropriate State Legislative Committee recommending passage of AB 726 - to redefine the "theater" exemption in State law regarding how sexually oriented businesses gain approval for their business operations. Following discussion, Councilmember Garofalo recommended that the Intergovernmental Relations Committee review this item. The City Council concurred. 479 Page 16 - Council/Agency Minutes - 02/02/98 (CITY COUNCIL) ACTING CITY ADMINISTRATOR DIRECTED TO DRAFT PROPOSED WELCOME LETTER TO NEW HOMEOWNERS IN THE HOLLY-SEACLIFF DEVELOPMENT AREA REGARDING QUALITY OF LIFE ISSUES IN HUNTINGTON BEACH - TO BE PRESENTED TO COUNCIL (100.10) The City Council considered a communication from Councilmember Garofalo requesting that a "Welcome" letter be drafted to send to new homeowners in the Holly-Seacliff development area, to communicate to the residents that the Library Services, Beach Operations, Recreation/Parks Systems, Senior and Community Services programs, etc., are valuable public policy situations in which the city has invested millions of tax payer dollars to create, develop, and maintain. City Attorney Hutton reported on the provisions of the Fair Political Practices Commission in such matters. Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Memorandum from the City Attorney dated February 2, 1998 titled Agenda Item H-7B On City Council Agenda of February 2, 1998 - Proposed Welcome Letter to New Homeowners in the Holly-Seacliff Development Area Regarding Quality of Life Issues in Huntington Beach A motion was made by Sullivan, second Green to direct the Acting City Administrator to draft a "Welcome" letter to new homeowners signed by the Mayor and City Council introducing them to the quality of life issues in Huntington Beach; said draft to be returned to the City Council. City Treasurer Freidenrich requested that Council consider including reference to all elected city officials in the communication. The motion made by Sullivan, second Green carried unanimously with Councilmember Bauer recorded absent. (CITY COUNCIL) APPROVED REQUEST BY COUNCILMEMBER GAROFALO TO REVIEW ALTERNATIVES REGARDING THE VOID CREATED BY THE EVENTUAL POTENTIAL ELIMINATION OF DRIFTWOOD GOLF COURSE (120.25) The City Council considered a communication from Councilmember Garofalo regarding the possibility that the city may have one less "public" golf course in the community due to the eventual elimination of Driftwood Golf Course. Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Memorandum from Councilmember Dave Garofalo dated January 30, 1998 titled " H "Item For February 2, 1998 - Driftwood Golf Course relative to the possibility that the city may have one less "public" golf course in the community due to the eventual elimination of Driftwood Golf Course I 02/02/98 - City Council/Redevelopment Agency Minutes - Page 17 A motion was made by Garofalo, second Green that the Mayor direct the City Council Sub - Committee on the Sports Complex issue to review alternatives regarding the void which will be created by the eventual potential elimination of Driftwood Golf Course. The motion carried by unanimous vote with Councilmember Bauer recorded absent. ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENC The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 9:07 p.m. to the regular meetings to be held on Tuesday February 17, 1998 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk City Clerk and ex-officio Clerk o the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ''0' jyzr�; o /C airm 481