Loading...
HomeMy WebLinkAbout2000-01-18MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 4:30 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Tuesday, January 18, 2000 An audiotape of the 4:30 p.m. portion of this meeting and a videotape of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. CALL TO ORDER Mayor Garofalo called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 4:34 p.m. in Room B-8. (The portion of the meeting from 4:30 p.m, to 5:00 p.m. had been duly posted as an adjourned regular meeting.) CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Sullivan, Harman, Garofalo, Dettloff, (Julien arrived at 4:55 p.m., Green arrived at 4:35 p.m., Bauer arrived at 4:38 p.m.) Absent: None (CITY COUNCIL) STUDY SESSION - DISCUSSION WITH ORANGE COUNTY SANITATION DISTRICT RE: SEWAGE OUTFLOW POLICY (SECONDARY VS. PRIMARY) The following communications were distributed by a representative of the Orange County Sanitation District: Communication dated December, 1999 titled Final Report -Huntington Beach Closure Investigation -Conducted by the Orange County Sanitation District Phase 1: Communication dated June 1999 titled Executive Summary Orange County Sanitation District 1999 Strategic Plan -Program Environmental Impact Report Prepared for Orange County Sanitation District by ESA Environmental Science Associates in Association with MEC Analytical Systems, Inc. and KP Lindstrom, Inc.; Slide report titled 1999 Adopted Strategic Plan and Ocean Monitoring Program dated January 18, 2000; Communication titled January 18, 2000/Agenda Prepared by the Orange County Sanitation District Adopted Strategic Plan and Ocean Monitoring Program City of Huntington Beach Council Study Session. The aforementioned communications and slide report were announced later in the meeting during the announcement by the City Clerk Late Communications section of the agenda. Peer Swan, Board of Directors Vice Chair, Orange County Sanitation District, presented an overview of the strategic plan and environmental process. John Scott, representing the Huntington Beach Southeast Neighborhood Property Owners' Association, responded to a question by Mayor Garofalo regarding secondary recovery and treatment for sewage outflow. Page 2 - Council/Agency Minutes--01118/2000 Discussion was held between Council and Mr. Swan regarding the discharge standards followed by the Orange County Sanitation District. Don McIntyre, General Manager, Orange County Sanitation District, stated that his personal view is that the Orange County Sanitation District is spending three quarters of a million dollars on unnecessary treatment for which money should be used for urban runoff measures. Discussion was held between Council and Mr. Ludwin, Director of Engineering; and General Manager McIntyre. City Administrator Silver addressed the issue of the Regional Water Quality Review Board which had been discussed by Council and the Orange County Sanitation District. Robert Ooten, Director of Operations, reported on the Water Quality Permitting Program which had been established by legislation. He stated that the program focus was end of pipe discharge. City Administrator Silver reported on the city's diversion plans. Peer Swan, Board of Directors Vice Chair, Orange County Sanitation District, urged Council to look at the overall impact which includes air quality, mandated washing of streets and other impacts. Discussion was held regarding the issue of secondary recovery. The downside of secondary recovery was commented upon by the Orange County Sanitation District representative. Mayor Garofalo stated that he believes a task force should be established and a prototype developed with an enforcement model. Mr. Swan stated that education is very important as the Orange County Sanitation District has no enforcement on storm drain input. Councilmember Green stated that he believes that 50/50 and 80/20 must be studied. He stated that toxins are a concern. Mr. John Scott, representing the Southeast Huntington Beach Property Owners' Association, stated his belief that the Orange County Sanitation District is going in another direction. Mr. Swan responded to Mr. Scott's concern. John Ely, resident, inquired regarding the rates, and Mr. McIntyre responded that the Orange County Sanitation District was trying to unify the rates. MOTION TO RECESS TO CLOSED SESSION A motion was made by Harman, second Sullivan to recess to Closed Session on the following items: The motion carried by unanimous vote. (City Council) Closed Session — City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director; Daniel Cassidy, Esquire of Liebert, Cassidy and Frierson and Richard Whitmore, Esquire of Whitmore, Johnson & Bolanos regarding labor relations matters — meet and confer with the following employee organizations: MSOA, POA, PMA, MEA, MEO, HBFA, FMA and SCLEA. (120.80) (City Council) 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. PERS, - Orange County Superior Court Case No. 77 99 58. Subject: City of Huntington Beach v. PERS. (120.80) 01/18/2000 - Council/Agency Minutes - Page 3 (City Council) 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 Gouin v. City of Huntington Beach, Orange County Superior Court Case No. 80 08 05. Subject. Gouin v. City of Huntington Beach, (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding litigation which has been initiated formally and to which the city is a party. The title of the litigation is Juarez v. City of Huntington Beach, Orange County Superior Court Case No. 804961. Subject: Juarez v. City of Huntington Beach. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding litigation which has been initiated formally and to which the city is a party. The title of the litigation is City of Hunting Beach v. Benge, et al, Orange County Superior Court Case No. 79 81 32. Subject: City of Huntington Beach v. Benge, et al. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9© to confer with its attorney regarding pending litigation. (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 1. Subject: CENCO (120.80) RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING CITY ATTORNEY'S REPORT OF ACTION TAKEN IN CLOSED SESSION OF CITY COUNCIL CENCO Refining Company and CENCO Inc., Goldenwest Refining Company, and Gulf Oil Refining Company - Approved Initiation of Litigation This report is made pursuant to the Brown Act, Government Code §54957.1(a)(2) Report of Action Taken (Litigation). On Tuesday January 18, 2000 the City Council convened in closed session (in regard to or whether or not to initiate litigation against) CENCO Refining Company and CENCO Inc., Goldenwest Refining Company, and Gulf Oil Refining Company. The Council voted as follows: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None CITY COUNCIL/REDEVELOPMENT ROLL CALL Present: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by Boy Scouts, Dragon Patrol, Pack 1450 Golden View School, Leader Steve Machedo. Page 4 - Council/Agency Minutes—01118/2000 INVOCATION The invocation was offered by Dr. Bruce Miller, President, Huntington Beach Stake, Church of Jesus Christ of Latter Day Saints. CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced Late Communications received by her office which pertain to items on the agenda: Communication dated January 18, 2000 from Director of Public Works titled Street Sweeping Program. Slide Show presentation dated January 18, 2000 from the City Treasurer titled Treasurer's Report — Shari L. Freidenrich, CPA, CCMT — January 18, 2000. Slide show presentation dated January 18, 2000 from the Administrative Services Director titled Classification and Compensation Study — City of Huntington Beach, January 18, 2000. Slide show presentation dated January 18, 2000 from the Public Works Director titled Urban Runoff & Coastal Remediation Action Plan Communication dated December 1999 titled Final Report -Huntington Beach Closure Investigation -Conducted by the Orange County Sanitation District Phase 1. Communication dated June 1999 titled Executive Summary Orange County Sanitation District 1999 Strategic Plan -Program Environmental Impact Report Prepared for Orange County Sanitation District by ESA Environmental Science Associates in Association with MEC Analytical Systems, Inc. and KP Lindstrom, Inc. Slide report titled 1999 Adopted Strategic Plan and Ocean Monitoring Program dated January18, 2000. Communication dated January 18, 2000/Agenda Prepared by the Orange County Sanitation District titled Adopted Strategic Plan and Ocean Monitoring Program City of Huntington Beach Council Study Session. PRESENTATION — The Southern California Chapter of the American Society of Landscape Architects Awards for Pier Plaza to City of Huntington Beach and city consultant, Purkiss Rose — RSI — Two 1999 Quality of Life Awards: The Honor Award and Award of Excellence. The Honor Award recognizes superior professional accomplishments and was awarded to the Pier Plaza project in the design category of park and recreation design. The Award of Excellence is awarded to a project that represents an outstanding achievement, leadership, contribution, understanding, and/or achievements to the field of landscape architecture and improves the "Quality of Life" in southern California and beyond. The entries for the 1999 Award of Excellence provided strong competition with projects like the Los Angeles Union Station project and the John Wayne Airport. Huntington Beach is extremely honored to 01/18/2000 - Council/Agency Minutes - Page 5 be the recipient of these two awards for Pier Plaza as presented by the American Society of Landscape Architects. Jim Pickel, Principal and Vice President, Purkiss Rose-RSI Steve Rose, Sr. Principal and the city's project team of Community Services Director, Ron Hagan, Deputy Director Community Services, Jim Engle, Public Works Director, Bob Beardsley, Contract Administrator, Public Works Department, Eric Charlonne, Planning Department Director, Howard Zelefsky, and Associate Planner, Wayne Carvalho are present. PRESENTATION — Mayor Garofalo presented the Mayor's Award to John Van Oeffelen, Supervisor of Trees, Landscaping and Pesticides, in recognition of his innovation and many years of dedicated service to the city. Public Works Director Beardsley commented on Mr. Van Oeffelen's fine service to the city. PUBLIC COMMENTS MIKE MULLEE AND ROBBY VAN DINE, students, invited the Mayor and City Councilmembers and audience to the Sowers Middle School, Heart-a-thon fund raiser. Mike and Robby invited the Mayor to serve as the event's race starter. FLINT MORRISON presented reasons why he supported Councilmember Bauer's item on the agenda requesting that a park be named in the memory of Marine Colonel Arthur Poindexter who recently passed away. Mr. Morrison informed the Council and audience of Colonel Poindexter's dedicated service to the country which included his heroic efforts in World War I in the battle for Wake Island and his subsequent prisoner of war experience. JOHN TILLOTSON spoke regarding his support for Councilmember Bauer's item on the agenda requesting that a park be named in the memory of Marine Colonel Arthur Poindexter. He informed the City Council and audience that there were only 350 Marines in the battle for Wake Island and that Colonel Poindexter was one of the heroes of this battle. Mr. Tillotson spoke regarding the accomplishments of Colonel Poindexter following his retirement from active duty. DEVIN DWYER stated that although he believes campaign reform is needed, he believes the $300 ceiling which remains in the newly revised campaign contribution ordinance on this meeting's agenda is too restrictive. He recommended that it be raised to $1000 per contributor. CHUCK SCHEID recommended that the items on the agenda relative to approval of Memorandum of Understanding with the various employee associations be removed from the agenda as he believes the compensation study is flawed. He presented an example of what he believes to be a flaw in the study. He presented a copy of his statement titled Public Comments -City Council Meeting - 18 January 2000, Agenda Items F-1, F-2, and F-3 to the City Clerk. VIRGINIA SIMS presented reasons why she believes Measure I -Rezone of Crest View site to residential appearing on the March 7, 2000 ballot should be defeated. She presented an example of her shopping experience in the city. She spoke regarding the city's need for revenue. Page 6 - Council/Agency Minutes—0111812000 HUNTER POLLARD distributed an informal survey titled Sea Aira Mobile Park which he had conducted of mobile home space rents which showed increases in rent. He requested assistance from the City Council. Mr. Hunter presented the City Clerk with a copy of the survey showing his mobile home space rent increases since 1978. HARRY TURNER stated that he believes that the 18 mobile home park owners have gouged seniors out of their savings through high rent. He spoke regarding the income requirements needed to move to the Rancho del Rey Mobile Home Park. JIM BARKER, Communication Director for the Huntington Beach Mobile Home Owners' Association stated the seniors concern about mobile home owners and their need for rent control. He spoke regarding the difficulties encountered by mobile home park residents. He stated that the proposed ordinance of the Huntington Beach Mobile Home Owners' Association needs to be brought to the City Council for action. JOHN JANKOWSKI presented a plaque he received in 1993 from the city for making the city a better place to live. He stated his speech is a search for justice. He related his speech on American history to the situation now endured by mobile home residents. He requested that the Huntington Beach Mobile Home Owners' Association rent stabilization ordinance be presented to the City Council for enactment. TERESA REYNOLDS spoke regarding the expenses incurred by mobile home residents including insurance, refuse pick-up, home repairs, etc. which cannot be compared to the expenses of a person who rents their residence. She spoke regarding the rent increase and the fact that mobile home park owners' expenses have not risen. Ms. Reynolds requested that the ordinance prepared by the Huntington Beach Mobile Home Park Owners' Association be presented to Council. STEVE GULLAGE spoke regarding the history of the park owners spending millions of dollars to place an initiative on the State ballot. He spoke regarding the hundreds of thousands of non - mobile home residents who had voted against Proposition 199 as well as the cities who supported the defeat of Proposition No. 199. He stated that the City of Huntington Beach City Council was the first city to go on record in opposition to Proposition No. 199. DONNA ALEXANDER and daughter spoke in opposition to Measure I -closed Crest View School site rezoning to residential. She stated the need for the schools to be repaired and the playground equipment to be replaced. She spoke in support of the Wal-Mart project. RICHARD ADAMS presented reasons why the Wal-Mart project should not proceed including that it is not in the right location. He stated that Wal-Mart wants to locate at that location due to the favorable lease from the school district, which Wal-Mart could not obtain elsewhere. CHARLES OSTERLUND stated that he would be voting in opposition to Measure I -rezone of the closed Crest View school site to residential as he does not want an increase in fees or the school to have to present a bond issue. He stated that the real battleground is a battle for a union business to battle a non -union business. 01/18/2000 - Council/Agency Minutes - Page 7 DAVE SMITH stated reasons why the Wal-Mart project should not be approved including what he believes will be transfer of sales tax revenue and sales tax leakage. He stated that the many conditions imposed on the project were due be to the residents' concerns that nothing can be done about the traffic increase. He stated the reasons why the Planning Commission in 1998 had voted against the project. MAGGIE SMITH spoke regarding the Save our School mailers and ads. He stated these mailers and ads are sponsored by Wal-Mart against Measure 1. She stated that anticipated revenue figures should be looked at with extreme skepticism. Ms. Smith spoke regarding the financial report which showed a detrimental impact of a Wal-Mart on the grocery business in the city and that high wage jobs will be replaced by low wage jobs. She stated that the city would be unable to maintain the percentage of floor space taxable requirement on Wal-Mart in effect. She requested that voters support Measure I. DALE HOOVER stated that the school district has not made a good deal for the school. He spoke regarding what he believes are deceitful mailers paid for by Wal-Mart for which Wal-Mart has spent $110,000. Mr. Hoover spoke regarding the large amount of money Wal-Mart spent in the city Eureka on a similar issue. He stated that the Eureka voters voted against the Wal-Mart project. RICHARD CRONK spoke regarding the large amount of money spent by Wal-Mart on ads and mailers against Measure I. He spoke regarding the history of the matter. Mr. Cronk stated that Wal-Mart would face on Talbert Avenue not on Beach Boulevard as well as it would be across from the city's only cemetery. He requested that the voters become informed and urged a "yes" vote on Measure I. CHUCK JOHNSON spoke regarding the need for his tree to be trimmed due to the mess it has made in his yard. He spoke regarding the reasons he opposes the Wal-Mart project as he believes there is a need for residential to attract businesses. He stated that the rezoning of the closed school site sets a dangerous precedent. Mr. Johnson urged a "yes" vote on Measure I. JUDY CURREN presented reasons why she believes the Wal-Mart project constitutes corporate welfare. She urged that Measure I to rezone the closed Crest View School site to residential be approved. GAYLE O'CONNOR displayed a flyer which she stated contains half-truths. She stated that this "big box" does not belong in a residential district. Ms. O'Connor stated that this project's only benefit is to the school district and that there are four school districts in Huntington Beach. She requested that Measure I be approved. CARMEN OLIN stated her support for Measure I, as surrounding property values would increase and bring more money to the city. She stated that this area is badly lacking in open space as stated in the city's published Youth Sports Assessment Study. Ms. Olin stated that Wal-Mart may ask for a 24-hour operation later; also that a nude juice bar is planned in the area. She stated that Huntington Center should be developed first, before destroying a school site in a residential neighborhood to make way for the world's largest retailer. MARVIN JOSEPHSON read from an article in an Arizona newspaper wherein Wal-Mart has stated they are willing to consider an alternate site for their project provided the location is supported by the community and city leaders. Page 8 - Council/Agency Minutes—01/1812000 He stated that Wal-Mart has spent a great amount of money to defeat Measure I; that this is a David vs Goliath issue. He urged a "yes" vote on Measure I to rezone the closed Crest View to residential. DEBBIE JOSEPHSON spoke regarding the Fair Political Practice Commission investigation of certain city officials relative to their investment in a local bank and as it to pertains to voting on the Wal-Mart project. She presented the Save Crest View web site address. CONNIE BOARDMAN stated that she has campaign reports filed by Wal-Mart and that Wal- Mart is the sole monetary contributor to the campaign against Measure I to rezone the closed Crest View School site to residential. She stated that the supporters of Measure I are volunteers. She urged a "yes" vote on Measure I. MIKE NELSON requested that the voters of Huntington Beach vote "yes" on Measure I to rezone the closed Crest View School site to residential. He stated that they do not have the money Wal-Mart has but that they do have a web site. He announced the web site. BARBARA BOSKOVICH spoke regarding the advisory Measure J stating there are no signs in support of the measure. She urged support of Measure I to rezone the closed Crest View school site to residential. ROBERT CRONK urged a "yes" vote on Measure I to rezone the closed Crest View school site to residential. He spoke regarding the closed session that was held and the subsequent vote by which Council agreed to dismiss the Arnel vs City law suit without prejudice. He stated he believes the right of the city to defend the action was given up. He urged a "yes" vote on Measures I and advisory Measure J. TOPPER HORACH spoke regarding the employee expenses associated with the employees' holiday luncheon. He stated that he was not opposed to the party but request that it be done in another way to be more considerate of the taxpayers. He stated that there are other people, also deserving, who should also be considered to have a park named after them in reference to the item placed on the agenda by Councilmember Bauer. BRAD WHITE stated his opposition to the item on the January 3, 2000 agenda relative to approval of Bolsa Chica Coastal issues for transmission to the California Coastal Commission regarding the Balsa Chica Local Coastal Program. He stated that he believes the land should be bought out of the citizens' pockets rather than infringing�on the landowner's private property rights. JOHN HOLDEN stated opposition to the item on the January 3, 2000 City Council agenda relative to the Balsa Chica Coastal issues to be transmitted to the California Coastal Commission regarding the Balsa Chica Local Coastal Program. He stated that the rules for Hearthside Homes had been changed to their detriment. AMANDA BATEMAN spoke in favor of Measure I on the March 7, 2000 ballot which would rezone the closed Crest View school site to residential. THY BUI, student, requested that the City Council buy bleachers for the Oceanview School District with the money obtained from the Wal-Mart project. 01/18/2000 - Council/Agency Minutes - Page 9 STEPHANIE LOW, student, encouraged voters to vote "no" on Measure I -to rezone the closed Crest View school site to residential. LEAGUE OF CALIFORNIA CITIES ENVIRONMENTAL QUALITY COMMITTEE MEETING Councilmember Green reported on the Fire Chief and his attendance at the League of California Cities Environmental Quality Committee meeting. He spoke regarding the difficulties of cities complying with state legislation. He stated that the city is fortunate to have the Governor's appointee, former City Councilmember and Mayor Linda Moulton -Patterson, serving on the nine member Solid Waste Recovery Board. SANTA ANA RIVER FLOOD CONTROL COMMITTEE Councilmember Green reported on the Seven Oaks Dam dedication. He stated that the Seven Oaks Dam provides Huntington Beach with protection from a 100-year flood. He spoke further on the need for protection from a larger flood and reported that the next work would be on the Prado Dam. CALIFORNIA STATE PARKS MEETING - CITY BEACHES Councilmember Green reported on his attendance at a recent California State Parks meeting where he informed the membership of the city's need for help in cleaning the city's beaches as it was not only Huntington Beach's concern, as the debris comes from sources besides Huntington Beach. REPORT RE: COUNCILMEMBER ACTIVITIES AND ATTENDANCE ON VARIOUS COMMITTEES Mayor Pro Tern Harman spoke regarding Council's attendance at outside meetings and the time which is devoted by each Councilmember. He presented examples of Councilmember Bauer's service on the Southern California Association of Governments meetings and Councilmember Dettloff s attendance at Coastal Commission meetings in San Francisco. He stated that he was bringing this matter up so that the citizens would be aware that the Council has activities on behalf of the city other than the meetings of the City Council. REPORT REGARDING LAFCO MEETINGS (LOCAL AGENCIES FORMATION COMMISSION) - CONSOLIDATION OF SMALL WATER DISTRICTS Mayor Pro Tem Harman spoke regarding his recent attendance at a LAFCO meeting where consolidation of small water districts is being worked toward as well as the problem of eliminating county islands. -,MANDATED ALTERNATIVE FUEL VEHICLES - LEGISLATION - LETTER TO BE FORWARDED TO STATE LEGISLATURE Councilmember Bauer reported on proposed legislation requiring alternative fuel vehicles. He stated the concern expressed by the League of California Cities due to reasons of unavailability of such fuel and lack of funds to comply with such a mandate. He requested the Mayor to send a letter of concern to the legislature on this matter. Mayor Garofalo requested that the City dmini strator check on the status of this legislation and forward a letter to the legislature. Page 10 - Council/Agency Minutes —01/1812000 MEETING WITH ASSEMBLYMAN SCOTT BAUGH RE: LEGISLATIVE ISSUES Mayor Garofalo reported on the recent meeting held between Assemblyman Scott Baugh, City Administrator Silver, and himself on which many legislative issues were discussed. He stated that the meeting had been very productive. CITY ADMINISTRATOR'S REPORT — MILLENNIUM TRANSITION CELEBRATION STAFFING The City Council received an oral report from the City Administrator regarding recognition of City employees for their extra efforts in staffing during the millennium transition celebration on New Year's Eve 1999. These employees are to be commended for their exceptional performance and the commitment of extra time during the millennium transition period. STREET SWEEPING PROGRAM - SLIDE REPORT The Public Works Director reported on a non -agenda scheduled item - a slide report on Street Sweeping Program. The slide report which had been announced earlier in the meeting by the City Clerk inadvertently during Late Communications is titled Street Sweeping Program. Councilmember Bauer spoke in support of the program, as it helps to stop the pollution from going into the ocean. Mayor Garofalo stated that several people had reported that they have received a ticket before the street sweeper had arrived. He requested that this aspect be monitored. MEASURE I - CREST VIEWIWAL-MART ISSUE DEBATE - CONDUCTED BY LEAGUE OF WOMEN VOTERS SCHEDULE ANNOUNCED Mayor Garofalo reported that conditions had be established for the Measure I debate. Rich Barnard, Public Information Officer, presented the dates of the debate on Measure I which proposes to rezone the closed Crest View school site to residential. (CITY COUNCIL) REVIEWED AND ACCEPTED CITY TREASURER'S NOVEMBER, 1999 INVESTMENT SUMMARY REPORT (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Report for November, 1999 which had been distributed to Council at the meeting and announced by the City Clerk as a Late Communication earlier in the meeting. A motion was made Green, second Harman to accept the monthly report. Following review of the report, by motion of Council, accept the Monthly Investment Report Summary Of Investment Portfolio for November, 1999, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried unanimously with Bauer and Sullivan absent from the room. 01/18/2000 - Council/Agency Minutes - Page 11 CONSENT CALENDAR - ITEMS APPROVED On motion by Green, second Harman Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Garofalo, Green, Dettloff NOES: None ABSENT None (Sullivan and Bauer absent from the room) Councilmember Julien requested that her abstention be recorded on the Consent Calendar item relative to the December 20, 1999 minutes. (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of December 20, 1999 as written and on file in the Office of the City Clerk. Councilmember Julien requested that her abstention be recorded on the Consent Calendar item relative to the December 20, 1999 minutes. (CITY COUNCIL) APPROVED SUBGRANTEE AGREEMENT BETWEEN CITY AND CHRISTMAS IN APRIL FOR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM — (HOUSING REHABILITATION SERVICES FOR ELDERLY, DISABLED, LOW - MODERATE INCOME HOMEOWNERS? (600.10) — Approved and authorized the Mayor and City Clerk to execute the Subgrantee Agreement Between the City of Huntington Beach and Christmas in April for Housing and Community Development Block Grant Program. (REDEVELOPMENT AGENCY) APPROVED AS TO FORM: PARTIAL TERMINATION OF LEASE AND MUTUAL RELEASE AGREEMENT BETWEEN ABDELMUTI DEVELOPMENT COMPANY (SUITE 3-A) & VITAL TECHNOLOGY, INC. AND SECOND AMENDMENT TO OFFICE SPACE LEASE AGREEMENT BETWEEN ABDELMUTI DEVELOPMENT COMPANY & PAIGE COMMUNICATION, INC. (SUITE 3 A) OCEANVIEW PROMENADE —MAIN-PIER DEVELOPMENT AREA (600.30) —1. Approved as to form the attached Partial Termination of Lease and Mutual Release Agreement between Abdelmuti Development Company & Vital Technology, Inc. relinquishing 1,115 square feet of Suite 3-A; and 2. Approved as to form a Second Amendment to the Office Space Lease Agreement between Abdelmuti Development Company and Paige Communication, Inc. for those 1,115 square feet of Suite 3-A for the remainder of its existing three-year lease (expiring on June 30, 2002) at the rental rate of $1.90 per square foot per month. (CITY COUNCIL) APPROVED AGREEMENT WITH EMPLOYMENT SYSTEMS, INC. (ESI) TO LEASE TEMPORARY PERSONNEL FOR THE POSITION OF ACCOUNTANT TECHNICIAN II (600.10) — Approved and authorized execution by the Mayor and City Clerk of the Agreement to Provide Staffing Services Between the City and Employment Systems, Inc. for one Accountant Technician II. Page 12 - Council/Agency Minutes—01/18/2000 (CITY COUNCIL) APPROVED THE PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND COMPREHENSIVE HOUSING SERVICES, INC. FOR ASSISTANCE WITH THE HOUSING REHABILITATION LOAN PROGRAM (600.10) — Approved and authorized the Mayor and City Clerk to execute the Professional Services Contract Between the City of Huntington Beach and Comprehensive Housing Services, inc. for Assistance with the Housing Rehabilitation Loan Program. (CITY COUNCIL) APPROVED AGREEMENT WITH HOWARD, RICE, NEMEROVSKI, CANADY, FALK & RABKIN FOR LEGAL SERVICES — TAX PROTEST AND POTENTIAL LITIGATION RE: CITY'S PROPERTY TAX OVERRIDE & APPROVED INDEMNIFICATION CLAUSE CHANGE IN SECTION 6 OF THE AGREEMENT (600.10) —1. Approved the Agreement Between the City of Huntington Beach and Howard, Rice, Nemerovski, Canady, Falk & Rabkin a Professional Corporation for Legal Services in Connection with a Tax Protest and Potential Litigation Regarding the City's Property Tax Override and authorized the Mayor and City Clerk to execute the agreement; and 2. Approved the indemnification clause change in Section 6 to the agreement as follows: Section 6. Malpractice. Under applicable California law, Legal Counsel acknowledges that a law firm which is determined by a court with jurisdiction to have committed malpractice in the performance of legal services for a client is subject to liability, and further that the aggrieved client may be entitled to monetary damages and all other relief allowed by such applicable law. (CITY COUNCIL) MOTION TO APPROVE THE ENERGY EDGE PROGRAM AGREEMENT WITH SOUTHERN CALIFORNIA GAS COMPANY — RETROFIT OF CITY BUILDINGS WITH ENERGY EFFICIENT EQUIPMENT (600.10) —Approved the Energy Edge Program Agreement between the City and Southern California Gas Company with a retroactive effective date of April 1, 1999 per the attached agreement and authorized the Mayor and City Clerk to execute same. (CITY COUNCIL) ADOPTED OF RESOLUTIONS ESTABLISHING COMMUNITY FACILITIES DISTRICT NO.2000-1 AND FINDING NECESSITY TO INCUR A BONDED INDEBTEDNESS — HILTON GRAND COAST RESORT - PUBLIC HEARING SCHEDULED FEBRUARY 22, 2000 — (PARCEL A — (PROPOSED TWIN DOLPHIN DRIVE) TO PCH TO BEACH BOULEVARD TO PACIFIC VIEW DRIVE) (330.30) —1. Adopted Resolution No. 2000-5, - "A Resolution of intention of the City Council of the City of Huntington Beach with Respect to Establishment of Proposed City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort) ; and 2. Adopted Resolution No. 2000-6, - `A Resolution of the City Council of the City of Huntington Beach Declaring Necessity for Proposed City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort) to incur a Bonded indebtedness': RESOLUTIONS NO. 2000.9, 2000-7, 2000-8, - MEMORANDUMS OF UNDERSTANDING - EMPLOYEE ASSOCIATIONS MEA-MEO-FMA - ADOPTED (720.20) The City Council considered adoption of the following proposed Resolutions: Resolution No. 2000-9 — Memorandum of Understanding between the Huntington Beach Management Resolution No. 2000-7 - Municipal Employees Association. Resolution No. 2000-8 - Memorandum of Understanding Between the Huntington Beach Fire Management Association (FMA) 01/18/2000 - Council/Agency Minutes - Page 13 Earlier in the meeting, the City Clerk had announced that the following late communication on these items had been provided to the City Council: Slide show presentation dated January 18, 2000 from the Administrative Services Director titled Classification and Compensation Study -- City of Huntington Beach, January 18, 2000. Administrative Services Director Reekstin presented a staff report. Doug Johnson, consultant, Johnson and Associates, presented a slide report. A motion was made by Green, second Harman to adopt the following resolutions: RESOLUTION No. 2000-9 - MEMORANDUM OF UNDERSTANDING WITH THE MANAGEMENT EMPLOYEES' ORGANIZATION — "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding between the Huntington Beach Management Employees' Organization (MEO) for December 25, 1999 through December 21, 2000". RESOLUTION No. 2000-7 MEMORANDUM OF UNDERSTANDING WITH THE MUNICIPAL EMPLOYEES ASSOCIATION -A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Fiscal Years 199912000 and 200012001 for Municipal Employees Association". RESOLUTION No. 2000-8 MEMORANDUM OF UNDERSTANDING WITH THE FIRE MANAGEMENT ASSOCIATION - "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Fire Management Association (FMA) and the City of Huntington Beach for December 25, 1999 through December 21, 2001." Councilmember Sullivan clarified that his opposition to the resolutions is due to what he believes is the possibility that the stock market will not always be such that PERS revenues will be as Projected; also that he believes the percentile used should not have been so high. The motion made by Green, second Harman carried by the following roll call vote: AYES: Julien, Harman, Garofalo, Green, Dettloff, Bauer NOES: Sullivan ABSENT: None City Administrator Silver announced the titles of the memorandum of understandings which were approved. Page 14 - Council/Agency Minutes—01118/2000 (CITY COUNCIL) DEFERRED FROM JANUARY 3, 2000 — APPROVED THE SELECTION OF URS GREINER WOODWARD CLYDE CORP. TO PROVIDE CONSULTING SERVICES IN SUPPORT OF THE URBAN RUNOFFICOASTAL REMEDIATION ACTION PLAN & APPROVE PROFESSIONAL SERVICES AGREEMENT - COUNCIL COMMITTEE FORMED (600.10) The City Council considered a communication from the Public Works Director transmitting for Council consideration a Professional Services Agreement between the City URS Greiner Woodward Clyde Corporation relative to the Urban Runoff/Coastal Remediafion Action Plan. Public Works Director Beardsley reported on the proposed agreement and presented a slide report titled Urban Runoff and Coastal Remediation Action Plan dated January 18, 2000, which had been announced earlier in the meeting by the City Clerk during Late Communications. A motion was made by Dettloff, second Green that the UCI (University of California Irvine Study) presentation be videotaped as several Councilmembers will be unable to attend. The motion carried unanimously. Public Works Director Beardsley presented a slide report that is an overview of the discussion of the causes and treatment of contamination. He stated that the contract with Komex H2O Science, Inc. approved at the January 3, 2000 City Council meeting is separate from this contract with URS Greiner Woodward Clyde Corporation. A typographical error was noted by City Administrator Silver on the contract amount with the Orange County Sanitation District and the County of Orange. The contract amount should read $83,633, rather than $43,633. Public Works Director Beardsley responded to Councilmember Dettloff's concerns regarding obtaining a timeframe for a report, stating that there may be several local and regional causes of the problem, and that State agencies may have to step in with some financial assistance. City Administrator Silver reported on the City Manager's Task Force and inquired about the University of California, Irvine (UCI) Study. Public Works Director Beardsley announced that the National Water Institute will be holding a public meeting on Friday, January 21, 2000 at 9:00 a.m. at the Orange County Sanitation District office. He stated that a presentation of preliminary findings of the UCI Study will be forwarded to city consultants to incorporate with their work. Discussion followed relative to possible warning signs of contamination on the beach during the upcoming summer. The city will divert all storm drain runoff from pump stations to mitigate the chance of pollution. 01/18/2000 - Council/Agency Minutes - Page 15 Councilmember Bauer expressed his concern over the authority and the role of the Quality Control Board, and questioned the city's relationship with the board, He discussed the city's need for a solution and inquired about what types of legal challenges may be faced by the city. Public Works Director Beardsley stated that it has not yet been concluded that urban runoff is the problem, and that an analysis of the Regional Water Board's Policy may be necessary. Following considerable discussion, a motion was made by Dettloff, second Bauer to approve and authorize the Mayor and City Clerk to execute the Professional Services Contract Between the City of Huntington Beach and URS Greiner Woodward Clyde Corporation for Engineering Services in Support of Identifying and Eliminating Bacteria in Urban Remote Discharges to Huntington Beach.'; and further that a council committee be formed for a one time meeting on March 1, 2000 for a brief staff report to the Council committee for those Councilmembers who wish to attend. Said council committee to be composed of Councilmembers Green, Dettloff, and Mayor Garofalo. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (CITY COUNCIL) ADOPTED EMERGENCY ORDINANCE NO. 3451 TO BE EFFECTIVE IMMEDIATELY — RELATING TO EMPLOYMENT - SOLICITATION ON CITY STREETS & SIDEWALKS TO CONTROL IMMEDIATE HAZARDS TO PEDESTRIAN & VEHICULAR TRAFFIC (640.10) The City Council considered adoption of Emergency Ordinance No. 3451 which would control immediate hazards to pedestrian and vehicular traffic. Police Chief Lowenberg reported on the reasons for the proposed ordinance including safety reasons to prevent injuries to pedestrians from the vehicles. A motion was made by Green, second Harman to adopt Emergency Ordinance No. 3451 after City Clerk reads by title - "An Emergency Ordinance of the City of Huntington Beach Amending Chapter 9.88 of the Huntington Beach Municipal Code Relating to Employment Solicitation" The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None Page 16 - Council/Agency Minutes—01/18/2000 (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3452 — AMENDING LIMITATION ON CAMPAIGN CONTRIBUTIONS (640.10) The City Council considered introduction of Ordinance No. 3452 relative to campaign contributions. A motion was made by Bauer, second Green to approve introduction of Ordinance No. 3452 after City Clerk reads by title "An Ordinance of the City of Huntington Beach Amending Section 2. 07.050(b) of the Huntington Beach Municipal Code Regarding the Campaign Contribution Limitation of the City of Huntington Beach Campaign Reform Law" (Provides for continuation of limit on contributions by individuals and committees to under $300 but allows individuals and committees to pool expenditures.) The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (CITY COUNCIL) AUTHORIZED MAYOR TO SEND LETTER TO THE EXECUTIVE OFFICE OF THE PRESIDENT — OFFICE OF MANAGEMENT AND BUDGET — REQUESTING $24 MILLION BUDGET ALLOCATION FOR SOUTHERN CALIFORNIA WETLANDS RECOVERY PROJECT (340.70) The City Council considered a communication from Mayor Pro Tern Tom Harman informing Council of the Southeast Huntington Beach Neighborhood Association (SEHBNA) request that the City Council support its request for $24 million in federal funding for the Southern California Wetlands Recovery Project. This money would be used as federal matching funds for recovery of the following wetlands: Huntington Beach Wetlands (78 acres; $1.5 million), Los Cerritos Wetlands (300 acres; $10 million), Los Angeles River (72 acres; $5 million), Ormond Beach (300 acres; $2 million), Santa Clara River (600 acres; $3 million). Mayor Pro Tern Harman reported on the reasons why he had placed this item on the agenda. A motion made by Harman, second Bauer to authorize staff to prepare, and the Mayor to sign, a letter to the Executive Office of the President, Office of Management and Budget urging that the President include $24 million for the Southern California Wetlands Recovery Project in his upcoming budget proposal. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None Pursuant to Councilmember Sullivan's recommendation, the City Council requested that a copy of Mayor Garofalo's letter be forwarded to the Wetlands Recovery Agency, which is a part of the California Coastal Conservancy and to the Southeast Huntington Beach Neighborhood Association (SEHBNA) Property Owners, and to the city's lobbyists. 01/18/2000 - Council/Agency Minutes - Page 17 (CITY COUNCIL) NAMING OF CITY PARK IN HONOR OF MARINE COLONEL ARTHUR POINDEXTER (920.80) The City Council considered a communication from Mayor Garofalo informing Council of the passing of an "American" hero Marine Colonel Art Poindexter. Colonel Poindexter was a heavily decorated Marine aviator. A motion made by Green, second Dettloff to nominate Colonel Poindexter for consideration to the Park Naming Committee of the Community Services Commission, and to the Community Services Department, and to recommend that the Shea Company consider this request in their development project for the open space allocation they will be dedicating. Also, to appoint a committee of Flint Morrison, Phil Inglee, and John Tillotson, all Marines who recently officiated at the services honoring Colonel Poindexter's life and death, to compose the formal litany of reasons qualifying Colonel Poindexter for this consideration. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None Report Requested Re: City Policy for Naming City Parks and Buildings Mayor Pro Tern Harman requested information on the procedure and policy used for the naming of city parks and city buildings. ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY A motion was made to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, February 7, 2000, at 5:00 p.m., in Room B- 8, Civic Center, 2000 Main Street, Huntington Beach, California. 4: �60 � 4 Y4 Wz W M a., -- City Clerk and ex-officio Clerk of e City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: GrG -- (7L6-4 &4t�� City Clerk/Clerk e Mayor/Chairman