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HomeMy WebLinkAbout1998-05-01MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Monday, May 4, 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, Green, Dettloff, Bauer, Garofalo (Councilmember Sullivan arrived at 5:01 p.m.) Absent: None PUBLIC COMMENTS REGARDING STUDY SESSION AND CLOSED SESSION AGENDA ITEMS There were no persons present to address Council regarding the study session or closed session items scheduled on the agenda. The City Council began discussion on the liability and workers compensation process. Shortly after beginning discussion, Mayor Dettloff announced the necessity to recess to closed session. She stated that the party with whom the City Council. was meeting in closed session had to leave the city early this evening. She stated that the study session would be held following the closed session. MOTION TO RECESS TO CLOSED. SESSION A motion was made by Harman, second Garofalo, to recess the City Council to closed session to consider the following item. The motion carried by unanimous vote. 637 Page 2 - Council/Agency Agenda - 05/04/98 Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association (120.80) RECONVENE Mayor Dettloff called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6:10 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan Absent: (Councilmember Garofalo was out of room) (CITY COUNCIL) STUDY SESSION - LIABILITY AND WORKERS COMPENSATION SETTLEMENT PROCESS (180.10) Deputy City Administrator -Administrative Services Director Franz distributed a document to Council titled Study Session Material - Liability and Worker's Compensation Settlement Process May 4, 1998 together with a booklet titled City Of Huntington Beach - Worker's Compensation Program Procedure Manual October 1996. Councilmember Garofalo assumed his seat at 6:10 p.m. Following the slide presentation by Deputy City Administrator -Administrative Services Director Franz, Councilmember Bauer stated that he would like close scrutiny by staff regarding settlement of claims. Councilmember Harman requested information as to the reason a resolution is being prepared by the City Attorney's Office to reduce the Settlement Committee's authority to $50,000. City Attorney Hutton and Deputy City Administrator -Administrative Services Director Franz reported. Councilmember Sullivan stated that he would meet with the City Attorney regarding the possibility of reviewing action taken by the Settlement Committee. City Attorney Hutton, in response to Councilmember Garofalo, reported on the process of the Settlement Committee, stating that it has become very formalized and that the city has involved many competent people in the process. City Attorney Hutton stated that the process is going well. 638 05/04/98 - City Council/Redevelopment Agency Minutes - Page 3 Councilmember Sullivan presented questions relative to the feasibility of having two Councilmembers as voting members of the Settlement Committee. Following discussion, Councilmember Sullivan stated that he would present his concerns to City Attorney Hutton and Risk Manager Karen Foster. At the request of Council, Risk Manager Karen Foster reported on the Worker's Compensation Process. Discussion was held between Council and staff regarding looking at the issue of whether in- house worker's compensation is a possible subject for the Managed Competition Committee. Deputy City Administrator -Administrative Services Director Franz presented a report on the Big Independent Cities Excess Pool Program (BICEP). MOTION TO RECESS TO CLOSED SESSION A motion was made by Sullivan, second Garofalo, to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote. Closed Session - Redevelopment Agency 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 Bloom v. City of Huntington Beach - Orange County Superior Court Case No. 67 13 06 or Fourth District Civ. G015412. Subject: Bloom v. City of Huntington Beach. (120.80) RECONVENE Mayor Dettloff reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:12 p.m. (CITY COUNCIL) REPORT OF ACTIONS TAKEN IN CLOSED SESSION (120.80) The City Attorney determined that the following action taken by the City Council in Closed Session requires a reporting as required by law (Government Code). J., Page 4 - Council/Agency Agenda - OS/04198 (CITY COUNCIL) CITY ATTORNEY'S REPORT OF ACTION TAKEN AT CLOSED FEBRUARY 18, 1998 SESSION REGARDING ESTATE OF JENSEN V. CITY OF HUNTINGTON BEACH - ORANGE COUNTY SUPERIOR COURT CASE NO. 756838 City Attorney Hutton announced that during closed session at the February 18, 1998 Council meeting, the City Council, by a vote of 6-0 (Green -Absent), concluded the Jensen case was a defensible case and voted to offer nothing in settlement. On February 9, 1998, a Request for Dismissal was filed with the Orange County Superior Court. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by Councilmember Julien, INVOCATION The invocation was given by Mayor Pro Tern 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 iltems which have been received following distribution of the agenda: Liability and Worker's Compensation Settlement Process Study Session Material dated May 4, 1998 Memorandum from Community Development Director Fallon and Acting Public Works Director Smith titled Status Report on Annual Weed Abatement & Shea Homes Proposed Parkside Estates Slide report titled Treasurers' Report dated May 4, 1998 Communication from City Attorney Hutton dated May 4, 1998 titled Bloom vs. Huntington Beach Settlement Agreement - Late Communication - May 4, 1998 Communication from Robert Polkow dated May 4, 1998, titled Subject: Item H-6 A Proposed Gas Powered Leaf Blower Ban Ordinance Communication from Donald J. Sinex dated April 30, 1998 in support of the Proposed Gas Powered Leaf Blower Ban Ordinance 640 05/04/98 - City Council/Redevelopment Agency Minutes - Page 5 PRESENTATION - To Mayor Dettloff and the City Council by Donna Langford, Court Appointed Child Advocate, CAST (Child Abuse Services Team), with Police Chief Ron Lowenberg and Sgt. Ron Burgess, Huntington Beach Police Sexual Assault Team, of a presentation regarding CAST's relationship with the Huntington Beach Police Department and a presentation of Truth of the Day, a collection of relevant poetry by Marianne Gillespie. PRESENTATION - By Mayor Dettloff and the City Council to Rick Amadril, City Purchasing/Central Services Manager, of a Certificate of Commendation for his attention to duty which saved the city over $73,000. (120.70) PRESENTATION - By Mayor Dettloff and the City Council of a Proclamation to City Clerk Connie Brockway proclaiming the week of May 3-9, 1998 as "Municipal Clerks' Week." (120.60) PRESENTATION - By Mayor Dettloff and the City Council of a Proclamation to Daryl Smith, Acting Public Works Director, proclaiming the week of May 17-23, 1998 as "National Public Works Week." (120.60) PRESENTATION - The Mayor's Award was presented to Jim Engle, Deputy Director, Beaches, Recreation and Development Division, in recognition of his dedicated service to the City of Huntington Beach. ANNOUNCEMENT OF PASSING OF ROB THIBAUT OF T. S. RESTAURANTS - DEVELOPERS OF DUKE'S RESTAURANT TO BE BUILT AT THE END OF THE MUNICIPAL PIER Mayor Dettloff expressed the condolences of the City Council and community to Mr. Thibaut's family. PUBLIC COMMENTS CECIL WRIGHT, Vice President, CERT (Citizens' Emergency Response Team), spoke regarding the function of the CERT Program including the disaster training received by members which is available to all members of the community. The CERT members presented an award to Mayor Dettloff citing the ways Mayor Dettloff has participated in numerous CERT activities. BOB KAKUK announced the forthcoming Second Annual Memorial Day Service to be held at the Huntington Beach City Hall Veterans' Memorial on May 25, 1998. Mr. Kakuk stated his hope that the city will start a new tradition by holding a Memorial Day service each year. MARIE PALMER spoke regarding the problems in the downtown area and recent crimes against persons in the city. She addressed Council regarding the need for Police Department resources: Ms. Palmer requested that the Art Center be closed as the money is needed for the Police Department. 641 Page 6 - Council/Agency Agenda - 05/04/98 EILEEN MURPHY, Balsa Chica Land Trust, addressed Council in support of the item placed on the agenda by Councilmember Sullivan regarding the April 22, 1998 Koji Communities letter to Mayor Dettloff. She informed Council of the reasons why she believed the letter from Koji Communities to the Mayor was filled with incorrect information including their statement that the staff has refused to process permits. MATTHEW HARPER spoke in opposition to the item placed on the agenda by Councilmember Sullivan regarding the proposal to ban gas powered leaf blowers. He stated that this would detrimentally affect a hard working part of the community and that police resources should not be devoted to this enforcement. He spoke regarding the agenda item regarding the update on Harriett Wieder Regional Park (Bolsa Chica Linear Park). Mr. Harper stated that he did believe the park should be named after Harriett Weder due to her having been on the Board of Supervisors during the Orange County bankruptcy. THOM DONEY spoke in opposition to Councilmember Sullivan's item on the agenda regarding a proposed ban on gas powered leaf blowers. He stated that government intervention is not needed. He questioned whether the next intervention would be gas powered edgers, etc. Mr. Doney spoke against the raising of beach parking fees, stating that the increase affected the economics of families trying to enjoy the beach. He requested that the increase be repealed. Mr. Doney spoke regarding what he believes is the dismantling of the public safety agencies and requested Council take action. JAN VANDERSLOOT, board member of the Bolsa Chica Land Trust, requested that the comment period for the Shea Company development of the old Municipal Water District parcel located at the southerly terminus of Graham Street be extended as for the most part the public has been shut out. He stated that neither he nor the Balsa Chica Land Trust or the Amigos de Bolsa Chica received notification of the availability of the Notice of Preparation and Notice of Public Scoping meeting for the preparation of an EIR on this property. Mr. Vandersloot informed Council that the public needs more time for research such as aerial photos of the site. He stated that this is an important project and spoke regarding its tidelands history. CONNIE BOARDMAN, Bolsa Chica Land Trust member, requested that the public comment period be extended for the proposed Shea project located at the southerly terminus of Graham Street. She presented the unusual circumstances that meet the state law requirement for longer than a 60-day extension of time. She cited some of these circumstances including problems with the notice mailing of which Community Development Director Fallon had informed her; that there is an additional portion on the EIR now that had not been available previously. Ms. Boardman stated that staff being in a time constraint is not a reason to keep the public from review. She cited a shortcoming of the EIR relative to trying to justify removal of the eucalyptus trees by stating eucalyptus trees may kill birds. She stated that the source cited for this statement is not an article published in a scientific journal but is from a two -page newslefter from a bird observatory, and the sample size of the study is two birds. Ms. Boardman stated she has yet to find any information as to how the wetlands and the uplands owned by the state will be impacted by this development. TOM LOGAN, Bolsa Chica Land Trust member, spoke regarding the history of the Koji Company and its efforts to obtain water service including Council's past actions on this subject. He requested that the City Council write a response letter to Koll Company and others strongly stating the reasons the Koji Company is being denied city staff cooperation at this time. 642 05/04/98 - City Council/Redevelopment Agency Minutes - Page 7 KIM KENNEDY, representing the Bolsa Chica Stewards, spoke regarding the recent actions of Shea Company relative to the use of caterpillar bulldozers to grade the property; that it was not disked. She requested that the public comment period be extended on the Environmental Impact Report to 90 days. She urged Council to request a non -biased reassessment of the property by the Resource Conservation Service. BOB DUTTON, Fire Department employee and member of the Southeast Huntington Beach Homeowners' Association, spoke regarding the breakdown of the city budget in the water bill that he received. He compared the amount of money being spent by Huntington Beach in relation to other cities. He stated that it should be kept in mind that Huntington Beach is the third largest city in the county and has the third busiest fire department in the county. Mr. Dutton cited figures showing that Huntington Beach spends a lower percentage of its budget for fire services than does Fountain Valley, Westminster or Newport Beach. He stated that the fire employees want a fair and equitable contract. RON THOMPSON stated that the PERS rollover provision of the employees' contract was taken away with nothing provided in return. Mr. Thompson stated that 13 veteran members of the Police Department have been lost. DARREN NEWTON, Huntington Beach Firefighters' Association, stated his disappointment with how Fire Department employees are being treated. He stated that the last offer of the City Council relative to negotiations was an insult to the fire employees. He spoke regarding comments of a Councilmember in the newspaper which he believes are inaccurate relative to the city employees who have signed a contract with the city. JOHN CONNER stated that he had spoken to citizens who were incredulous that a portion of the retirees' contract has been taken from them as well as the matter of the outside attorney that has been hired by the City Attorney in this matter. Mr. Conner presented reasons why the other three of the five Fire retirees had not come to this meeting including illness and disabilities. GEORGE SHINROCK presented an overhead chart showing the last paycheck stub for his 56-hour work week as a firefighter. He presented examples of increases in living requirements such as food cost, stating he never expects to live in Huntington Harbour or even the new homes being built off Gothard and Goldenwest, but he wants a chance to support his family. Mr. Shinrock cited an example of a person who the firefighters were able to bring back from full cardiac arrest using the tools provided by the citizens, the training firefighters receive, and years of experience. Mr. Shinrock cited the family events this man has been able to experience since then and questioned whether Council believes these experiences are worth only $56 per month. JAMES LACY stated that he was a retiree with 26 years of service as a fire captain and questioned how future city councils are going to be able to negotiate in good faith with employee groups when this city council wants to undermine it and do away with the signed contract. He stated that Police, Fire and Lifeguard employees put their lives on the line; that when he was in the Fountain Valley Hospital during his service to the city that his family had to endure the experience of being told he would not survive. 643 Page 8 - Council/Agency Agenda - 05/04/98 BRUCE SPENCER displayed the PERS lawsuit document. He presented questions to Council regarding what the lawsuit states. He stated that the Council is not asking PERS to pay for the benefit but is asking for the city to be relieved from its responsibility to pay for the benefit. He read from a letter written by a PERS attorney to Peter Brown, an outside attorney for the city, regarding the subject of whether the city is prepared to fund the benefit conversions. JAMES MULLER presented a document to Council titled Proposed Change To City Charter Section 403 Binding Arbitration For Public Safety Employees. He spoke regarding his efforts to put binding arbitration on the city ballot. He stated that he had met with the City Clerk as well as the City Attorney, and that the City Clerk had assured him that for an insignificant cost to the city the measure could be placed on the November ballot. He spoke regarding the city of Vallejo that has experienced no budget increase from their city's requirement for binding arbitration. Councilmember Sullivan requested information from Police Chief Lowenberg relative to the accuracy of whether 15 persons have left the Police Department. City Administrator Silver responded. Police Chief Lowenberg stated that he would return to Council with how many employees have left. He stated most recently three employees had left. City Administrator Silver responded to Councilmember Sullivan regarding matters relating to the settlement of agreements by city employees. (CITY COUNCIL) FEMA (FEDERAL EMERGENCY MANAGEMENT AGENCY) APPROVAL OF SLATER CHANNEL REPAIRS Councilmember Sullivan announced that third city appeal by Council to the Federal Emergency Management Agency was approved, and approximately $900,000 will be received by the city for the Slater Channel repair. He cited the help of City Engineer Robert Eichblatt, Congressman Dana Rohrabacher, and Mr. Spencer Freedein, aide in Congressman Rohrabacher's office, as well as the lobbying firm of Ferguson Company. Councilmember Harman spoke regarding the issue and also thanked Congressman Rohrabacher's Office. (CITY COUNCIL) REPORT BY MAYOR PRO TEM GREEN REGARDING TOUR OF MILITARY BASES Mayor Pro Tern Green spoke regarding the tour of military bases which he recently attended. He spoke regarding the benefits to the city including the recognition that military organizations face similar organizational problems as do cities. 644 05/04/98 - City Council/Redevelopment Agency Minutes - Page 9 (CITY COUNCIL) CITY ENGINEER EICHBLATT COMMENDED FOR EFFORTS TO OBTAIN FEMA FUNDING Mayor Dettloff acknowledged City Engineer Eichblatt's contribution to the success of winning the appeal to the Federal Emergency Management Agency for the money to repair the Slater Channel. COMMENT BY CITY ATTORNEY REGARDING (PUBLIC EMPLOYEE RETIREMENT SYSTEM) PERS LAWSUIT In response to a statement made during the public comments portion of the Council meeting, City Attorney Hutton stated that her office was not handling the PERS lawsuit as she and the members of her office are PERS members and that to handle the lawsuit would be a conflict of interest. (CITY COUNCIL) UPDATE ON HARRIETT WIEDER REGIONAL PARK (BOLSA CHICA LINEAR PARK) (920.30) The City Council considered a memorandum from City Administrator Silver and Community Development Director Fallon informing Council of the current status of issues which are delaying the construction of the Harriett Wieder Regional Park including land availability, acceptability of the land to the county, water and funding. Community Development Director Fallon presented a staff report. She stated that the Koll Company's dedication of 49 acres had not occurred due to the item being in litigation relative to the Coastal Commission. She spoke regarding the soil problem causing a problem between the County of Orange and Koll Company; also the water issue. She stated that the city would need to amend the city code to provide water services to the Harriett Wieder Park as it is outside the city. Councilmember Garofalo recommended participating with the county relative to the soil issue. Councilmember Bauer spoke regarding his understanding of the Development Agreement with the county regarding land dedication. He stated his concern that the city monitor for any possible plans to modify the Koll Company Development Agreement. He questioned if there is some way that the staff could investigate whether the current linear park plan could have some beginning park development as the people are expecting the park, and this issue may not be resolved for many years. Mayor Dettloff stated that she meets with Supervisor Silva once per month and would bring up this issue. Councilmember Bauer stated that there had been recent discussion with the Orange County Water District, and it appears a substantial water increase may be made to the citizens. He requested that this be placed under the City Administrator's Report. Councilmember Sullivan requested that Mayor Dettloff deliver a message to Supervisor Silva that Huntington Beach is the only city without a regional park. 645 Page 10 - Council/Agency Agenda - 05/04198 (CITY COUNCIL) UPDATE REGARDING WEED ABATEMENT AND WETLANDS DETERMINATION ON SHEA PROPERTY/MUNICIPAL WATER DISTRICT PARCEL LOCATED AT THE SOUTHERLY TERMINUS OF GRAHAM STREET, NORTH OF OCFD CHANNEL (520.80) The City Council considered a memorandum from Community Development Director Fallon and Acting Public Works Director Smith dated May 4, 1998 titled Status Report On Annual Weed Abatement And Shea Homes Proposed Parkside Estates. This memorandum had been distributed to Council in the late communications packet and announced earlier in the meeting. Community Development Director Fallon presented a staff report. She stated that she has agreed to extend the public comment period on the environmental preparation to make a total review period 60 days. She spoke further in this regard. Jayna Morgan, EDAW, Inc_, a consultant, responded to Councilmember Bauer regarding the map used. She responded to his question regarding the issue of wetlands delineation and the State Department of Fish and Game and Coastal Commission's roles in this matter. Lisa Kegarice, ecologist, Tom Dotson and Associates, reported on the U. S. Army Corps of Engineers position and the State Department of Fish and Game and the Coastal Commission's positions and the time period needed by the State Department of Fish and Game. Community Development Director Fallon responded to Councilmember Sullivan's questions regarding the deficiencies in the notice process stated by the speakers during Public Comments. Community Development Director Fallon stated that technically the Bolsa Chica Land Trust had 58 days notification. Councilmember Harman referred to Page No. 3 of the Community Development Director's memorandum dated May 4, 1998 and questioned if notification was sent to the Balsa Chica Land Trust on April 16, 1998. In response to Mayor Pro Tern Green, Lisa Kegarice reported at length regarding her letter to Jayna Morgan, EDAW, Inc., dated December 17, 1997 Subject: Verification/Update of Wetland Determinations for Tentative Tract 15377. Councilmember Garofalo spoke regarding whether the matter of looking into the issue of water pipes that are close to the surface on this property that break on a regular basis and of a water meter had been done. Community Development Director Fallon stated that this information will be ascertained. Councilmember Garofalo stated that he believed all of the major interest groups should be notified in the future. In response to Mayor Dettloff, Jayna Morgan, EDAW, Inc., spoke regarding the information provided by EDAW, Inc. to the U. S. Army Corps of Engineers which included aerial photographs and information on the water pipelines. She stated that she did not know whether Mr. Stein of the U. S. Army Corps of Engineers or the State Department of Fish and Game will be returning to the site. L• ' • 05/04/98 - City Council/Redevelopment Agency Minutes - Page 11 Community Development Director Fallon spoke regarding the possibility that the mandatory process time might not be met if the time is extended for a longer period than that which she recommends. A motion was made by Harman that the Community Development Director be instructed to extend the public comment period on the environmental process to 90 days which would be an extension of 30 days from what it is now. A second to the motion was not made. A motion was made by Garofalo, second Julien to continue the matter to May 18, 1998 relative to the issue of whether the Council should take action to extend the comment period. Ronald Metzler, representing Shea Homes, concurred with a weeks time to discuss with staff a possible extension of time. In response to Councilmember Bauer, Community Development Director Fallon stated that the state law does not define the term "unusual circumstances" and that the reasons why Council would find for doing this may not be those with which the developer would concur. Councilmember Bauer spoke regarding the need for legal review of this matter. City Attorney Hutton reported on the law in regard to the public review period. She stated that if Council should decide to extend the review period that findings should be made. Councilmember Sullivan stated that he believed special circumstances are that the largest environmental wetlands group in the city did not receive the environmental report. He stated his disagreement with the time frame extension proposed. The motion made by Garofalo, second Julien carried by the following roll call vote: AYES: Julien, Green, Dettloff, Bauer, Garofalo NOES: Harman, Sullivan ABSENT: None (CITY COUNCIL) REVIEW AND ACCEPT CITY TREASURER'S FEBRUARY AND MARCH, 1998 INVESTMENT SUMMARY REPORTS (310.20) The City Council considered a communication from City Treasurer Freidenrich transmitting the Monthly Investment Reports for February and March, 1998. City Treasurer Freidenrich presented a slide report. 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 titled Treasurer's Report dated May 4, 1998 647 Page 12 - Council/Agency Agenda - 05104/98 Following review of the report, a motion was made by Garofalo, second Green to accept the Monthly Investment Reports for February and March, 1998 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by unanimous roll call vote. CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Reimbursement Agreement With Three Corners Partners, L.L.C. For 12-Inch Water Main Construction In Huntington Street Between Garfield Avenue And Main Street - Heritage Communities - Tract No. 14590 Amendment Of $302,000 To The Current Year Budget For The Replacement Of An Air Conditioning Chiller At The City's Central Library - Talbert AvenuelGoldenwest Street CONSENT CALENDAR - ITEMS APPROVED On motion by Green, second Garofalo, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIUREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency adjourned regular meetings of April 13, 1998 and April 14, 1998 as written and on file in the Office of the City Clerk. (CITY COUNCIL) APPROVED AGREEMENT FOR CONSULTANT SERVICES FOR THE DEVELOPMENT OF A WATER SYSTEMS OPERATIONS PLAN (WSOP) - BUCKNAM AND ASSOCIATES (600.10) - Approved and authorized execution by the Mayor and City Clerk of the Professional Services Contract between the City of Huntington Beach and Bucknam & Associates for Development of a Water Systems Operations Plan (WSOP) to include Data Review and Analysis and a Program Planning Session in the amount of $25,500. (CITY COUNCIL) APPROVED FOUR AGREEMENTS WITH WILLIAMS COMMUNICATIONS SOLUTIONS, L.L.C. - FOR VOICE MAIL AND CALL ACCOUNTING SYSTEMS (TELECOMMUNICATIONS SYSTEM) - CITY HALL - CENTRAL LIBRARY - JOINT POWERS FACILITY AND TO REPLACE CALL ACCOUNTING SYSTEM AT ALL CITY FACILITIES - APPROVE MODIFICATIONS TO THE LIABILITY INSURANCE REQUIREMENTS (600.10) - Approved and authorized the Mayor and City Clerk to execute the four Agreements between the City of Huntington Beach and Williams Communications Solutions, L. L. C., for Telecommunications System, including settlement committee recommendations Williams 648 05/04/98 - City Council/Redevelopment Agency Minutes - Page 13 Communications for: 1. Contract to upgrade existing voice mail system at City Hall and network to Joint Powers and Central Library ($27,898.55); 2. Contract to upgrade existing voice mail at Joint Powers and network to Central Library and City Hall ($15,988.31); 3. Contract to upgrade existing voice mail at Central Library and network to City Hall and Joint Powers ($7,544.23); and 4. Contract to replace Call Accounting System at all city locations ($63,916). (CITY COUNCIL) RECEIVED AND FILED 1996-97 STATE CONTROLLER'S REPORT PREPARED BY THE ECONOMIC DEVELOPMENT DEPARTMENT (400.20) - Received and filed the State Controllers Report for the 1996-97 fiscal year. Section 33080.1 of the State of California's Health and Safety Code ("Redevelopment Law") states that the Redevelopment Agency is required to prepare an annual report Annual Report Of Financial Transactions For The 12 Months Ended September 30, 1997. This report is forwarded to the California Department of Housing and Community Development (HCD) by no later than six months after the end of the fiscal year. Attached for the Agency's review is the report for Fiscal Year 1996- 97. (CITY COUNCIL) APPROVED AFFORDABLE HOUSING COVENANTS FOR HERITAGE COMMUNITIES PROJECT - TRACT NO. 14590 - (PACIFIC LANDING, FORMERLY CANNES POINTE) -THREE CORNERS PARTNERSHIP - DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY RESALE RESTRICTIONS - NIO GARFIELD AVENUE BETWEEN MAIN AND HUNTINGTON STREETS - HOLLY-SEACLIFF DEVELOPMENT AGREEMENT AREA (420.60) - Approved and authorized execution of the affordable housing covenant Declaration Of Conditions, Covenants And Restrictions For Property (Resale Restrictions) for the Heritage Communities Project (Tract No. 14590) by the Mayor and City Clerk and directed the City Clerk to record with the Orange County Recorder. (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-32 APPROVING A REVISION TO RESOLUTION NO. 96-53 - BEACH BOULEVARD UNDERGROUND UTILITY DISTRICT NO. 96-01 - EXTENDS THE COMPLETION DATE FROM 12130/97 TO 12130/99 - LOCATED ON BEACH BOULEVARD BETWEEN YORKTOWN AND GARFIELD STREETS (350.20) - Adopted Resolution No. 98-32 - "A Resolution of the City Council of the City of Huntington Beach Establishing Underground Utility District on Beach Boulevard between Yorktown and Garfield Avenues" approving a revision to Resolution No. 96-53 adopted June 17, 1996 to extend the completion date of Underground Utility District No. 96-01 from December 30, 1997 to December 30, 1999. (CITY COUNCIL) APPROVED APPROVAL TO PURCHASE UP TO FOUR MORE PARKING CONTROL VEHICLES USING EXCESS FUNDS FROM THE STATEWIDE ABANDONED VEHICLE ABATEMENT PROGRAM (SAAV) - REPLACES GEO TRACKER WITH LARGER, MID -SIZED PICKUP TRUCKS - BUDGET APPROPRIATION (320.45) - Appropriated $68,000 from the Unappropriated General Fund Reserve and authorized expenditures to purchase up to four Parking Control vehicles that will enhance and support our abandoned vehicle enforcement efforts. ME Page 14 - Council/Agency Agenda - 05/04/98 (REDEVELOPMENT AGENCY) APPROVED SETTLEMENT AGREEMENT, BLOOM V. REDEVELOPMENT AGENCY; OCSC CASE NO. 67-13-06 (600.30) - 1. Approved the Settlement Agreement between Plaintiff Bloom and the Redevelopment Agency of the City of Huntington Beach, and authorized the Chairperson and Agency Clerk to execute and attest respectively. 2. Appropriated the sum reflected therein for payment to the plaintiff pursuant to the terms and conditions set forth in the Agreement. ($2,064,000.00) (CITY COUNCIL) APPROVED REIMBURSEMENT AGREEMENT WITH THREE CORNERS PARTNERS, L.L.C. FOR 12-INCH WATER MAIN CONSTRUCTION IN HUNTINGTON STREET BETWEEN GARFIELD AVENUE AND MAIN STREET - HERITAGE COMMUNITIES - TRACT NO.14590 (600.10) The City Council considered a communication from Acting Public Works Director Smith recommending approval of a reimbursement agreement for water pipeline construction between the city and Three Comers Partners relative to construction of a water main in Huntington Street between Garfield Avenue and Main Street. In response to Councilmember Garofalo, Jeff Renna, Water Operations Manager, reported on the times the city enters into reimbursement agreements. A motion was made by Bauer, second Harman to approve and authorize the Mayor and City Clerk to execute the Reimbursement Agreement For WaterPipefine Construction Between The City Of Huntington Beach And Three Corners Partners, L.L.C. for the cost of construction of the 12-inch water main in Huntington Street (between Garfield Avenue and Main Street) for a cost not to exceed $135,000. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: (Green out of the room) (CITY COUNCIL) APPROVED AN AMENDMENT OF $302,000 TO THE CURRENT YEAR BUDGET FOR THE REPLACEMENT OF AN AIR CONDITIONING CHILLER AT THE CITY'S CENTRAL LIBRARY - TALBERT AVENUE/GOLDENWEST STREET (320.45) The City Council considered a communication from Acting Public Works Director Smith recommending an appropriation of $302,000 for the purchase of a new air conditioning chiller at the Central Library and also the rental of a chiller for four months at $13,000 per month. Following discussion, a motion was made by Garofalo, second Harman to approve an amendment to the current year budget (1997/98) by appropriating $302,000 from the city's General Fund balance for the purchase of a new air conditioning chiller at $250,000 and a rental chiller for four (4) months at $13,000 per month. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None 650 05/04/98 - City Council/Redevelopment Agency Minutes - Page 15 (CITY COUNCIL) PROPOSED GAS POWERED LEAF BLOWERS BAN ORDINANCE - REPORT TO BE PRESENTED TO COUNCIL (640.10) Mayor Dettloff left the place of the Council and stated that she would abstain from consideration of the following item as she has a son in the landscaping business. Mayor Pro Tem Green assumed the chair. The City Council considered a memorandum from Councilmember Sullivan requesting the ban of gas powered leaf blowers in the city as they are pollutants. Councilmember Sullivan spoke regarding the aggravation to the allergies of persons, particularly children. He stated that there is a huge health cost associated with these blowers. A motion was made by Sullivan, second Harman that due to the very real health concerns from gas powered leaf blowers that the City Attorney prepare a gas powered leaf blower ban ordinance modeled on the Los Angeles ordinance for the next City Council Agenda. City Attorney Hutton read a portion of the Los Angeles ordinance, stating that there is a 500 ft. ban from residences, not a complete ban_ Councilmember Sullivan stated that he is requesting a complete ban City Attorney Hutton spoke regarding the city's current ordinance. Councilmember Bauer stated that he would like to have the previous reports on economic impact that had been prepared at the time the city's current ordinance was enacted. He also requested health impact information from the County Air Quality Management District as well as information on the issue of refuse going to the ocean and Huntington Harbour. Councilmember Sullivan stated that he would withdraw his motion on the basis of obtaining information from staff. Councilmember Julien stated that she would like some information regarding state and federal legislation which is being proposed that would ban cities from banning gas powered leaf blowers:_ Councilmember Harman requested the staff report prepared by the city of Los Angeles in the development of its ordinance. A motion was made by Green, second Garofalo that the staff be directed to report back to Council with information regarding economic impact to the city; reasons that the City Council established the current ordinance; county input on health impact; input from the Air Quality Management District pending state and federal legislation that would ban cities from banning gas powered leaf blowers; copy of Los Angeles staff report; issue of debris running into the ocean and/or Huntington Harbour. The motion carried unanimously with Mayor Dettloff abstaining. 651 Page 16 - CouncillAgency Agenda - 05/04/98 (CITY COUNCIL) STAFF DIRECTED TO PREPARE RESPONSE TO APRIL 22, 1998 KOLL COMMUNITIES LETTER TO MAYOR DETTLOFF REGARDING BOLSA CHICA WETLANDS, WARNER MESA, WIEDER REGIONAL PARK, AND ANNEXATION (440.60) The City Council considered a memorandum from Councilmember Sullivan regarding the Koll Communities letter to Mayor Dettloff dated April 22, 1998 regarding the Bolsa Chica Wetlands, Warner Mesa, Wieder Regional Park, and Annexation which he believes contain some key inaccurate statements. Councilmember Sullivan stated his concerns that the Koll Communities letter was sent to many agencies and that the incorrect information must be remedied. He stated that he believed these agencies may believe the information is true if the city does not clarify the matter. He spoke regarding the incorrect statements. A motion was made by Sullivan, second Harman to direct staff to respond to incorrect information and to prepare a letter to be signed by the Mayor responding to incorrect information in the April 22, 1998 Koll Communities letter regarding staff refusal to process permits and as to the incompleteness of the Koll Communities letter relating to the annexation issue and that a copy of this response be forwarded to all the agencies that received the Koll Communities letter. The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: (Councilmembers Julien and Garofalo out of room.) ADJOURNMENT - CITY COUNCILIREDEVELOPMENT AGENCY Mayor Dettloff adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 10:37 p.m. to Monday, May 18, 1998 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk 652 City Clerk and ex-officio Clerls'of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California 14, yorlChairma