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HomeMy WebLinkAbout2000-07-17Minutes City Council/Redevelopment Agency City Of Huntington Beach 4:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, July 17, 2000 An audiotape of the 4:00 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 4:05 p.m. in Room B-8. City Council — Redevelopment Agency Roll Call Present Julien, Sullivan, Garofalo, Green, Bauer (Sullivan arrived 4:08 p.m.) (Dettloff arrived 4:25 p.m.) Absent Harman Late Communication Deputy City Clerk Ehring announced the following Late Communication that had been received at the City Clerk's Office after distribution of the agenda packet: Communication dated July 17, 2000 from the Huntington Harbour Property Owner's Association, Inc. transmitting its agenda of the Study Session. The communication is titled City Council Study Session with the Huntington Harbour Property Owner's Association — Monday, July I r at 4:00 p.m. — City Hall Room B-8. (City Council) Study Session — Received and Filed Status Update with Huntington Harbour Homeowners Association (420.20) Clay Martin, Director of Organizational Effectiveness, introduced Mr. Jerry Urner, President of the Huntington Harbour Property Owner's Association (HHPOA). Mr. Urner announced that the association will be presenting awards to many members of the staff of the Public Works Department during the 7:00 p.m. portion of the meeting. Mr. Urner introduced members of the HHPOA, including Paula Hetzler, Secretary, and Connie Mandic, Chairperson of the Waterways Committee. Mr. Urner read from the Late Communication which had been announced earlier by the Deputy City Clerk. Page 2 - Council/Agency Agenda -- July 17, 2000 Councilmember Green commended Mr. Urner on his comprehensive report. Councilmember Green requested to hear from the association about the Bolsa Chica EIR (Environmental Impact Report). Councilmember Green spoke regarding the Wintersburg Channel and requested the property owner's association to work closely with the city on eliminating trash and debris flowing into Huntington Harbour. He suggested that the association initiate lobbying efforts, possibly with the Coastal Commission, to combat the contamination problem. Discussion followed relative to where the debris can safely be diverted in order to avoid the flow of waste material into the Bolsa Chica wetlands. Councilmember Green expressed his pleasure at the association's concern with water quality and the fact that the Huntington Harbour community does not want to ship toxic waste to outlying areas. Councilmember Green spoke regarding the detection of bacteria, indicating that the Waterways Committee conducts readings of microbes. Bill Tidwell and Mary Anne Skorpanich, representatives of the Orange County Public Works Facility responded to questions relative to the two major flood control channels flowing into the Huntington Harbour: C01, which is the Los Alamitos Channel and CO2, the Bolsa Chica Channel. They stated that drainage maps of all the channels in the county are available and may be obtained by calling their office. The county representatives identified county -city jurisdiction and frequency of the cleaning of the catch basins, and informed Council that the county has completed its share of the clean-up. Department of Public Works Maintenance Operations Manager Donald Noble responded that the city is responsible for cleaning 1700 storm drain inlets and that the task will be completed by October 10, 2000. Officer Carlin, County Sheriffs Department, spoke about "live -aboard" boats and other violations at Huntington Harbour, including residents who feed wildlife. Mayor Garofalo reiterated the need for getting issues on board with a Waterways Committee. He declared that the purpose of this Council meeting is to keep the momentum going on the issues outlined in the association's update, and that accepting ownership is the first step. City Administrator Silver commended Mr. Urner and the Huntington Harbour Property Owner's Association on the update. Councilmember Dettloff, as a California Coastal Commissioner, gave a report of Coastal Commission decisions, including lowlands restoration, as well as restoration of the mesa itself. Councilwoman Dettloff stated that a report has not been finalized by the Coastal Commission, as several agencies are deciding on water quality issues in need of resolution. Councilmember Bauer spoke regarding the annual conference of the League of California Cities to be held in Monterey in late July. He stated that it is primarily a lobbying organization. City Administrator Silver stated that staff, with Clay Martin, the Director of Organizational Effectiveness in the lead, will be developing an analysis and presenting a draft to Council that addresses the aforementioned issues of concern of the Huntington Harbour Property Owner's Association. (3) July 17, 2000 - Council/Agency Minutes - Page 3 Motion to Recess to Closed Session — Approved A motion was made by Sullivan, second Julien to recess to Closed Session on the following items. The motion carried by the following roll call vote. AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Harman Mayor Pro Tem Harman arrived during the Closed Session portion of the Council meeting. (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, and HBFA. (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 Ardolina v. City of Huntington Beach, et al., Orange County Superior Court Case No. 796920. (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 titles of the litigation are Shell Chemical Company, et al. v. The County of Los Angeles, et al.; U.S. District Court Case No. 00-01917 MRP (MANx); and Phillips Petroleum Company, et al. v. County of Los Angeles, et al.; U.S. District Court Case No. 00-1938 MRP (MANx). (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54596.9(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 Mills Land & Water Company v. City of Huntington Beach, Court of Appeal, 4t' Appellate District, Civil No. G0220490; Orange County Superior Court Case No. 739412. (120.80) (Redevelopment Agency) Closed Session — Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the agency's negotiators, David Biggs, Ray Silver, Jim Rabe, and Murray Kane, and regarding negotiations with Brian Ezralow and Doug Gray, concerning the negotiations for terms of a proposed disposition and development agreement or owner -participation agreement regarding the property located at 7777 Edinger Avenue (Ezralow Retail Properties). Instruction will concern: Both price and terms of payment. (400.50) (Redevelopment Agency) Closed Session -- Redevelopment Agency Pursuant to Government Code Section 54956.9(c). (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of Potential Cases: 1. Subject: Whether to initiate litigation to secure access to 7777 Edinger Avenue (Burlington Coat Factory) for purposes of an appraisal. (400.50) Page 4 - Council/Agency Agenda — July 17, 2000 (City Council) Closed Session -- City Council Pursuant to Government Code Section 54956.9(c). (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of Potential Cases. 1. Subject: Whether the City of Huntington Beach should intervene in the Matter of the Application of the Southern California Edison Co. (U338-G) for authority to sell its Fuel Oil Pipeline Facilities. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiators, Matt Lamb, John Reekstin and Ray Silver, regarding negotiations with Poseidon Resources and Southern California Edison Company concerning the purchaselsalelexchange/lease of the property located at Pacific Coast Highway and Newland Street immediately to the north of the AES Power Plant (APN 114-150-16). Instruction will concern both price and terms of payment. (120.80) Reconvene City Council/Redevelopment Agency Meeting City Attorney's Report of Action Taken by the City Council in Closed Session (Pursuant to Government Code §54957.1(a) (3) (B)) —Pending Litigation Re: Shell Chemical v. the County of Los Angeles, et al. and Phillips Petroleum v. County of Los Angeles, et al. (120.80) City Attorney Gail Hutton announced that on Monday, July 17, 2000 the City Council convened in closed session to discuss whether or not to initiate litigation against various parties for contribution, indemnity and other causes in two lawsuits: Shell Chemical v. the County of Los Angeles, et al.; U. S. District Court Case No. 00-01917 MRP (MANx); and Phillips Petroleum v. County of Los Angeles, et al., U. S. District Court Case No. 00-1938 MRP (MANx). The City Council voted to authorize the city to file counter lawsuits for contribution, indemnity and other causes of action against the plaintiffs in both the above two actions and against the plaintiffs in the underlying action (who are the owners/developers of the site) and any other parties to the extent deemed appropriate or necessary. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None City Attorney's Report of Action Taken by the City Council in Closed Session (Pursuant to Government Code §54957.1(a) (3) (B)) —Mills Land and Water Company v. City of Huntington Beach (120.80) City Attorney Gail Hutton announced that on Monday, July 17, 2000, the City Council convened in closed session to discuss the matter of Mills Land & Water Company v. City of Huntington Beach, 4t' Appellate District, Civil No. G0220490; Orange County Superior Court Case No. 739412. (5) July 17, 2000 - Council/Agency Minutes - Page 5 The City Council voted to direct the City Attorney not to request the Supreme Court to review the District Court of Appeal decision, but instead to move forward with the trial of the matter in the Superior Court. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None City Attorney's Report of Action Taken by the Redevelopment Agency in Closed Session (Pursuant to Government Code §54957.1(a) (3) (B)) — Re: 7777 Edinger Avenue (Ezralow Retail Propoerties) Denied Request by Montgomery Wards for Tolling Agreement (400.50) City Attorney Gail Hutton announced that on Monday, July 17, 2000, the Redevelopment Agency convened in closed session to discuss the matter of 7777 Edinger Avenue (Ezralow Retail Properties). The Redevelopment Agency voted to deny request to enter into a tolling agreement regarding the statute of limitations with Montgomery Wards. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer NOES: None ABSTAIN: Garofalo ABSENT: None Mayor Garofalo was absent at vote due to a conflict of interest. City Attorney's Report of Action Taken by the Redevelopment Agency in Closed Session (Pursuant to Government Code §54957.1(a) (3) (B)) —Re: 7777 Edinger Avenue— Initiated Litigation to Secure Access to Burlington Coat Factory for Appraisal Purposes (400.50) City Attorney Gail Hutton announced that on Monday, July 17, 2000, the Redevelopment Agency convened in closed session to discuss the matter of whether or not to initiate litigation to secure access to 7777 Edinger Avenue (Burlington Coat Factory) for purposes of an appraisal. The Redevelopment Agency voted to initiate litigation against Burlington Coat Factory to obtain access to the property for appraisal purposes. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer NOES: None ABSTAIN: Garofalo ABSENT: None Mayor Garofalo was absent at vote due to a conflict of interest. Page 6 - Council/Agency Agenda - July 17, 2000 City Attorney's Report of Action Taken by the City Council in Closed Session (Pursuant to Government Code §54957.1(a) (3) (B)) -Authorized Intervention at the Public Utilities Commission (PUC) in the Matter of the Application of the Southern California Edison Company (U338-G) for Authority to Sell Fuel Oil Pipeline Facilities (120.80) City Attorney Gail Hutton announced that on Monday, July 17, 2000 the City Council convened in closed session to discuss the Matter of the Application of the Southern California Edison Company (U338-G) for Authority to Sell Fuel Oil Pipeline Facilities. The City Council voted to authorize such intervention at the Public Utilities Commission. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT. None City Council - Redevelopment Agency Roll Call Present Julien, Sullivan, Harman, Garofalo, Green, Bauer, Dettloff Absent None (City Council/Redevelopment Agency) Announcement Made by Mayor Garofalo Re: Receipt of Legal Opinion that No Potential Conflict of Interest Exists Relative to Councilmembers' Voting on Consent Calendar Items on the Agenda for Street Improvements (630.30) Mayor Garofalo announced that legal advice was sought regarding the ability of Councilmembers to vote on the various street improvement items for this meeting's City Council agenda. The City Attorney's Office stated her opinion that these items do not constitute a potential conflict of interest. (City Council/Redevelopment Agency) Announcement Made by Mayor Garofalo re: Mayor's Abstention from Agenda Items Due to Potential Conflicts of Interest: Two Closed Session Items on 7777 Edinger and "The Crossings at Huntington Beach" Specific Plan No. 13 (630.30) Mayor Garofalo announced that upon recommendation from the City Attorney's Office, he abstained from consideration of the two closed session items on 7777 Edinger Avenue. The Mayor has been informed that the aforementioned items may have a material financial effect on an advertiser in the Huntington Beach Conference and Visitors Bureau Guide or Chamber of Commerce Directory. The Mayor stated that he is going to be abstaining from consideration of Councilmember Dave Sullivan's agenda item on the Crossings Specific Plan No. 13 for the same potential conflict of interest. Flag Ceremony and Pledge of Allegiance - Led by Councilmember Bauer. Invocation - Reverend Wendy Watson, St. Wilfrid of York Episcopal Church, Huntington Beach. (7) .July 17, 2000 - Council/Agency Minutes - Page 7 City Clerk Announces Late Communications Which Pertain to Items on the Agenda Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following Late Communications regarding agenda items that had been received following distribution of the agenda: Communication dated July 17, 2000 from the Huntington Harbour Property Owner's Association, Inc. transmitting their agenda of the Study Session. The communication is titled City Council Study Session with the Huntington Harbour Property Owner's Association — Monday, July 17th at 4:00 p.m. -- City Hall Room B-8. Slide show presentation dated July 17, 2000 from the Department of Public Works titled West Orange County Cities Association --- Rail Feasibility & Alignment Study with OCTA. Slide show presentation dated July 17, 2000 from Shari Freidenrich, City Treasurer titled Treasurer's Report. Slide show presentation dated July 17, 2000 from the Director of Administrative Services titled Adoption of Tax Rate for Fiscal Year 200012001. Interoffice memorandum to Councilmembers dated July 17, 2000 from the City Attorney Gail Hutton re: City Council Meeting July 17, 2000, Agenda Item G-2A — Summary of Attached Memorandum Responding to Questions Presented in the Letters from Randall Garrou and David Swerdlin and at the July 6h Council Meeting. Presentation — To Mayor Dave Garofalo, Ron Hagan, Community Services Director, and Michael Mudd, Division Manager, Cultural & Event Services Division. Checks were presented by Sponsors of the Art Center Children's Art Camp being held this summer at the Huntington Beach Art Center. This year over $36,000 was raised for this worthwhile and popular program. Sponsor checks were presented by: Dr. Gerald Chapman and Ms. Diana Casey, Art Center Foundation Board Co -Chairpersons, $10, 000; Barry Matheny, Area Vice President, GTE Directories Representative, $10,000; and Jim Dane, Target Stores Representative, $5000. Presentation — By Mayor Dave Garofalo and Jerry Urner, President of the Huntington Harbour Property Owner's Association, presentation of Awards of Appreciation to the following employees, commending them for their outstanding service to the Huntington Harbour community: Robert Beardsley - Public Works Director Richard Barnard - Communications Director Daryl Smith - Park, Trees and Landscape Superintendent Robert Hidusky - Traffic Technician Larry Neishi - Beach Operations Supervisor John Van Oeffelen - Street Tree Maintenance Supervisor John Von Holle - Engineering Technician Tom Brohard - Interim Transportation Manager Jim Conklin - Street Tree Maintenance Crewleader Doug Stack - Principal Civil Engineer Donald Noble - Maintenance Operations Supervisor Page 8 - Council/Agency Agenda -- July 17, 2000 Presentation — By Mayor Dave Garofalo to Lucy Keller, a proclamation recognizing her late husband, Val M. Keller for his many accomplishments during his lifetime to the world of volleyball. Mr. Keller was a business owner of Volleyball One and a resident of Huntington Beach. Presentation of the Mayor's Award — By Mayor Dave Garofalo and Library Services Director Ron Hayden to Claudia Locke, Oakview Branch Library employee. Library Services Director Hayden informed the Council and audience of Ms. Lock's accomplishments at the Oakview Library site. Public Comments Douglas Gray, President of Ezralow Retail Properties spoke in support of Councilmember Dave Sullivan's agenda item on "The Crossings at Huntington Beach" Specific Plan No. 13. Mr. Gray stated his appreciation of the Councilmember moving forward on the reconsideration of the drive -through. David Carlberg, immediate past president of the Amigos de Bolsa Chica, spoke in favor of Councilmember Ralph Bauer's agenda item on the Bolsa Chica Linear Park. He distributed a communication dated July 17, 2000 to Council and the City Clerk, from which he read. The communication includes an additional request for Council to consider restoration of the size of the Bolsa Chica Interpretive Center to a minimum of 10,000 usable square feet, thereby holding Hearthside Homes to its construction pledge. Mary Ellen Houseal, past president of the Amigos de Bolsa Chica, stated that she concurs with Councilmember Bauer's recommendation and urged Council to vote in favor of restoration of the Bolsa Chica Linear Park. Bruce Hackel, Regional Manager for Burlington Coat Factory, reiterated his company's desire to remain in the Huntington Center Mall. He informed Council that Burlington Coat Factory has retained an architect to design a prototype of the store consistent with "The Crossings at Huntington Beach" Specific Plan No. 13. Mr. Hackel expressed hope for an opportunity to meet with Ezralow Retail Properties and the Redevelopment Agency in order to discuss participation in the redevelopment of the Huntington Center Mall. Cheryl Ester Hoglund spoke in favor of the proposed anti -nudity ordinance on the agenda. Ms. Hoglund informed Council that she is a grandmother "who says no" to public nudity as she is concerned with the effect it may have on children. Max Ahmadi spoke in rebuttal to the last speaker, Ms. Hoglund's comments, stating that the proposed nude juice bar is not targeted towards children; that children's rights are not the issue. He cautioned Council to remain objective in order to make an informed decision. Mr. Ahmadi spoke in opposition to the proposed anti -nudity ordinance, stating that it has constitutional bearings relative to censorship and that adults should have access to what is for adults only. David Swerdlin, Community Relations Consultant for Talbert and Beach, Inc. spoke in opposition to the proposed sex oriented business ordinance on the agenda. He stated he was addressing Ordinance No. 3469 only, and not Ordinance No. 3470. Mr. Swerdlin requested that Ordinance No. 3469 on the minimum clothing code be returned for further work. He cautioned against the manner in which the ordinance is crafted, informing Council that the city is asking for a lawsuit from Talbert and Beach, Inc., the owners of the Flamingo Theater. Mr. Swerdlin (9) July 17, 2000 - Council/Agency Minutes - Page 9 warned that his adult entertainment establishment will push to serve alcohol if Ordinance 3469 passes. Randall Garrou, Attorney for Talbert and Beach, Inc., spoke in opposition to the anti -nudity ordinance on the agenda. He rebutted what he believes are mis-statements in the communication he received from the City Attorney relative to Ordinance No. 3469. Mr. Garrou requested that Council separate Ordinance No. 3470 from Ordinance No. 3469, and continue Ordinance No. 3469 in order to give his business time to respond to the letter. Mr. Garrou interpreted certain points relative to secondary effects of the proposed ordinance in response to Mayor Garofalo's inquiry. He cautioned that for economic reasons, businesses will seek alcohol permits if Ordinance No. 3469 passes; as it would not make good business sense to do otherwise. Ed Blackford, Site Manager for the AES Huntington Beach, LLC Facility (formerly Southern California Edison) spoke in opposition to the item proposing a ballot measure for the November 7, 2000 General Municipal Election lifting the utility tax exemption from electric power plants and requiring payment of the same utility tax as do residents and other businesses. Mr. Blackford referred to a communication dated June 30, 2000. He elaborated on how the cost would potentially be passed on in the form of higher electric bill pricing to residential and commercial properties. Mr. Blackford spoke relative to the city of El Segundo which he stated imposes a utility user tax. Dr. Gerald Chapman, Vice Chair of the Citizens' Infrastructure Advisory Committee (IAC) and Chair of the Planning Commission, spoke on to two agenda items. He requested the IAC Charter Amendment to be added on the November 7, 2000 ballot in lieu of the proposed utility user tax on the AES power plant facility. Dr. Chapman stated that this would offer citizens the chance to vote on future revenue raising to meet the budget shortfall. In regard to the other issue, he requested the opportunity to clarify the Planning Commission's recommendations if Council votes to reconsider its July 5, 2000 action on "The Crossings at Huntington Beach" Specific Plan No. 13. Gil Schauer expressed his concern on the action taken at the July 5, 2000 Council meeting regarding metered parking on Pacific Coast Highway and additional lanes on Pacific Coast Highway. He questioned where bike lanes will be placed. City Administrator Ray Silver and Public Works Director Robert Beardsley reported on the matter. Interim Transportation Manager Tom Brohard stated that the city and CalTrans are working together to facilitate traffic flow on Pacific Coast Highway. He informed Council that downtown merchants and residents have been property noticed regarding the addition of a third lane from .Ist to 6th Streets and no further in either direction. Mr. Brohard stated that parking meters will not be installed in the residential areas. Debbie Cook addressed Mayor Garofalo regarding issues of his potential conflict of interest. Ms. Cook posed questions regarding The Local News, and its alleged transfer of ownership from the Mayor to Air Quality Consultants, a business operated by Ed Laird's son. Steve Gullage, President of the Huntington Beach Mobilehome Owners Association (HBMOA) spoke in opposition to the proposed Charter Amendment petition against rent control of which Ed Laird is the proponent. He stated that affordable housing is a constitutional right for mobile home and apartment dwellers. Mr. Gullage spoke regarding Ed Laird's business involvement Page 10 - Council/Agency Agenda —July 17, 2000 with Mayor Garofalo. He asked that the Mayor recuse himself from voting on the Consent Calendar agenda item on the affordable housing agreement with Bridges America. In response to Mr. Gullage's comments, the City Clerk and the Mayor clarified that the proposed Charter amendment was not submitted to be placed on November, 2000 Election; however there is still time for the proponents to submit the petition for an election date in 2001. Jim Barker, Community Director for the Huntington Beach Mobilehome Owners Association (HBMOA) spoke regarding mobile home issues, including the now defunct subcommittee that was formed to study the need for a mobile home rent control ordinance. He requested that vacancies on the Mobile Home Advisory Board (MHAB) be filled. Mr. Barker spoke in opposition to Mayor Garofalo's agenda item regarding mobile home rental assistance. He protested that residents want fair space rental amounts, not welfare, stating that for mobile home owners to qualify for assistance, their income must meet poverty level standards. Economic Development Director David Biggs responded that several applications have been received from consultants in response to the city's request for proposals to conduct a mobile home survey relative to rent control issues. Harry Turner, mobile home owner, spoke in opposition to Mayor Garofalo's agenda item on mobile home rental assistance. He expressed concern over the sales of mobile homes and their loss of equity. Mr. Turner stated his belief that one third of people living in mobile homes would not qualify for rental assistance. Norm Westwell, a candidate for City Council spoke in opposition to the city policy that disallows public use of the city computer system to present PowerPoint presentations at Council meetings. He also expressed his opposition to the posting of signs along the 41' of July parade route. Mr. Westwell distributed an example of the sign to members of Council and informed them that the signs are not associated with existing ordinances but refer to the prohibiting of the staking out of parade seating. Fire Chief Michael Dolder, Director of the city's Information Systems Division responded to Mr. Westwell's comments. He stated the city restricts the use of the computer system for outside access due to the need for security from the potential risk of infecting the network with viruses. Chief Dolder stated that the city does provide the use of overhead slide projectors, and welcomes personal laptop computers in the Council Chambers. Joe Racano spoke in support of preserving Little Shell as wetlands, informing Council that the area is composed of saltwater and not fresh water. Mr. Racano requested that Councilmembers not serve as members of the Redevelopment Agency; that Agency members be separately appointed persons. He quoted Mayor Garofalo regarding accountability, stating that the Mayor is accountable to all citizens. Steve Stafford spoke regarding what he believes to be the lack of police enforcement during an illegal 4t1' of July fireworks display in his neighborhood. Don McGee spoke regarding what he believes to be a lack of Federal Aviation Authority (FAA) regulations in regard to noisy aircraft. Mr. McGee described banner -towing planes to be an invasive form of advertising. (11) July 17, 2000 - Council/Agency Minutes - Page 11 Council Comments in Response to Public Comments (160.30) City Council) Announcement by City Administrator Re: Forms for Citizens to Complete for Follow Up of Issues of Concern (160.30) City Administrator Silver referred to a form available at Council meetings for citizens to fill out in order for staff to follow up on their issues of concern expressed during public comments. (City Council) Directed Staff for Follow-up on the Issue of Unsafe Practices by Low - Flying and Banner -Towing Aircraft (120.90) Mr. Silver responded to the last speaker, Mr. McGee's concerns and directed staff to see what the city can do to regulate low -flying, banner -towing aircraft. Mayor Pro Tern Harman requested from City Attorney Hutton a copy of a previous memo regarding banner -towing aircraft. He also requested staff to review the matter for possible alternatives. Police Chief Ronald Lowenberg informed Council that a bureau report has been forwarded to the FAA regarding the potentially unsafe practices of aircraft. (City Council) Announcement Made by the City Attorney Re: Mayor Garofalo's Issues of Alleged Conflict of Interest (630.30) In response to Councilmember Sullivan's inquiry regarding Mayor Garofalo's potential conflicts of interest, City Attorney Hutton issued the following comments: 1. City Attorney Hutton received from Stephen Churchwell, the Attorney that the Mayor has retained communication which she stated she will first need to review. City Attorney Hutton informed Council that once she has read the material and after she has met with Mr. Churchwell a report will be forthcoming. 2. Jurisdiction of the Huntington Beach Conference and Visitors Bureau Guide contract is under the auspices of Section 1090, and not the Fair Political Practices Commission (FPPC). 3. There is still an outstanding question regarding The Local News as to the exact date when Coatings Resources, the company operated by Ed Laird, allegedly took over ownership of the Mayor's publication. (City Council) Response to Public Speaker Made by Mayor Pro Tem Harman Re: His Alleged Conflicts of Interest (630.30) Mayor Pro Tern Harman requested that City Attorney Hutton move forward on the controversy over Mayor Garofalo's alleged conflicts of interest to draw it to a conclusion. Mayor Pro Tern Harman announced that he wished to correct allegations conflicts of interest directed at him by a speaker at the last Council meeting of July 17, 2000. Mayor Pro Tern Harman stated that in his profession as an attorney, he had never represented either John Thomas or_Jack Clapp. He stated having represented Diane Baker on a real estate Page 12 - Council/Agency Agenda — July 17, 2000 matter in her individual capacity, but not in connection with her role as President of the Huntington Beach Conference and Visitors Bureau. Mayor Pro Tern Harman declared that he will be disqualifying himself if ever a conflict presented itself, and urged the Mayor to make a full disclosure. A discussion ensued between Mayor Garofalo and Mayor Pro Tern Harman in relation to the latter's foregoing remarks. (City Council) Received and Filed Councilmember Bauer's Update of West Orange County Cities Association (WOCCA) Rail Feasibility and Alignment Study (940.50) The City Council considered a communication from Councilmember Bauer announcing that Phases 1 and 11 of the Rail Feasibility and Alignment Study undertaken by the West Orange County Cities Association have been completed. The study includes a technical analysis of current and future transportation needs in West Orange County, an opinion survey of 40 local community leaders, and a preliminary evaluation of possible rail corridor alternatives. Key findings of the leadership survey concluded that the transportation system in West Orange County is inadequate, that it will get worse, and that rail is a good idea. Several preliminary corridors were identified for further evaluation, including Beach Boulevard, Katella Avenue, Warner Avenue, Westminister Boulevard, and the Pacific Electric Railroad Right -of -Way. These findings were presented to the Orange County Transportation Authority (OCTA) on July 10, 2000. Based on the results of this initial research, the OCTA has budgeted an additional $1 million to more fully evaluate these preliminary alternatives. Councilmember Bauer spoke regarding some issues of concern relative to funding of the Centerline project. Interim Transportation Manager Tom Brohard presented a slide report dated July 17, 2000 titled West Orange County Cities Association — Rail Feasibility & Alignment Study with OCTA that was announced earlier as a Late Communication by the City Clerk. City Administrator Silver announced that the West Orange County Cities Association (WOCCA) has put the city in relation to the issue of the rail feasibility and alignment study on the map. The City Administrator stated that success of the city's economic development is tied in with the transportation alternative. (City Council) Received and Filed Public Works Department Update on Capital Projects Underway (320.40) The City Council considered communication from the Public Works Department. The communication is a matrix dated March 14, 2000 titled Public Works Capital Projects — Fiscal Years 1999100, 2000101. Public Works Director Robert Beardsley introduced Deputy City Engineer David Webb who presented a Power Point slide report titled Public Works Department Capital Improvement Program Capital Project Update by Public Works Director Robert Beardsley. The presentation included an update on the city's sewer system infrastructure. (13) July 17, 2000 - Council/Agency Minutes - Page 13 City Administrator Silver presented information on the Consent Calendar agenda Item on the Construction Contract, CC-1134 for the Bluff Top Park Railing Replacement Project for acceptance of the low bid submitted by Landmark Fence Company, Inc. (City Council) Review and Accept City Treasurer's May 2000 Investment Summary Report (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Report for May 2000, which had been announced earlier as a Late Communication by the City Clerk. City Treasurer Shari Freidenrich summarized that the city's Investment Portfolio of earnings for the month of May 2000 has increased slightly from April 2000. She stated that the average maturity continues to drop. City Treasurer Freidenrich informed Council that there are no other significant signs, and that the Investment Policy Summary Report for May 2000 complies with the city's Investment Policy. The City Council thanked City Treasurer Freidenrich for her May 2000 Investment Summary Report. A motion was made by Sullivan, second Dettloff to review and accept the Monthly Investment Report, Summary Of Investment Portfolio for May 2000, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried unanimously with all present. Consent Calendar — Items Removed for Separate Discussion The following items were removed from the Consent Calendar for separate discussion: (City Council) Request for Bids for Construction of Water Well No. 3A (Oak Lane); CC-1114 - and Reconstruction of Water Well No. 5 (Warner Avenue); CC-1059 - Sample Contract. (City Council) Request for Bids for Water Pipeline Replacements in Orange Avenue between Goldenwest and 11"' Streets and in Memphis Avenue between Alabama and Delaware Streets; CC-1132 - Sample Contract. (City Council) Resolution No. 2000-72 Designating the Police Chief as Subordinate for Limited Actions on Alcohol Beverage Control (ABC) Licenses. Consent Calendar — Items Approved On motion by Green, second Dettloff, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Julien, Harman, Sullivan, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (City Council/Redevelopment Agency) Approved and Adopted Minutes of June 19, 2000 - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of June 19, 2000 as written and on file in the Office of the City Clerk. Page 14 - Council/Agency Agenda —July 17, 2000 (City Council) Approved 2000101 Proposed — West Orange County Water Board Budget (320.20) - Approved the 2000/01 proposed West Orange County Water Board Budget in the amount of $320,300. (City Council) Approved Fourth Amended Joint Exercise of Powers Agreement of the Orange County -City Hazardous Materials Emergency Response Authority (600.40) Approved and authorized the Mayor and the City Clerk to execute the Fourth Amended Joint Exercise of Powers Agreement of the Orange County -City Hazardous Materials Emergency Response Authority. (City Council) Approved Plans and Specifications and Authorized Advertisement of the Citywide Installation of Reflective and Non -Reflective Pavement Markers on Portions of 24 Arterial Streets; CC-1140 — Approved Expenditure of Funds — Approved Sample Contract (600.50) - 1. Approved the plans and specifications for citywide installation of reflective and non -reflective pavement markers on arterial streets, CC-1140, and authorized the Director of Public Works to advertise the project after receiving approval to proceed from CalTrans; and 2. Approved the attached sample construction contract, subject to award of contract to Council approved lowest responsible/responsive bidder. (City Council) Approved Plans and Specifications and Authorized Advertisement of Bids for the Traffic Signal Improvements at Newland Street/ Warner Avenue, Bolsa Chica StreetlWarner Avenue, Edwards Street/McFadden Avenue, Gothard Street/Slater Avenue, and Goldenwest Street/Palm Avenue; CC-1128 - Approved Sample Contract (600.55) - 1. Approved the plans and specifications for traffic signal improvements at Newland/Warner, Bolsa ChicalWarner, Edward slMcFadden, GothardlSlater, and GoldenwestlPalm, CC-1128, and authorized the Director of Public Works to advertise the project after receiving approval to proceed from CalTrans; and 2. Approved the attached sample construction contract, subject to award of contract to Council approved lowest responsible/responsive bidder; and 3. Approved the purchase of City -supplied signal appurtenances for this construction project. (City Council) Approved Plans and Specifications and Authorized Advertisement for Bids of the Traffic Signals at Yorktown Avenue/Florida Street and McFadden Avenue/Graham Street; CCA 135 - Approved Expenditure of Funds - Approved Sample Contract (600.55) - 1. Approved the plans and specifications for the traffic signal installation at Yorktown Avenue and Florida Street and McFadden Avenue and Graham Street, CC-1135, and authorized the Director of Public Works to advertise the project; and 2. Approved the attached sample construction contract, subject to award of contract to Council approved lowest responsible/ responsive bidder; and 3. Approved the purchase of traffic signal poles, mast arms, Luminaire mast arms and other city -supplied signal appurtenances for this construction project. (City Council) Accepted the Lifeguard Tower Zero and Restroom Project; CC-883 and Filed a Notice of Completion — EMAE International — Approved Expenditure of Funds (600.80) - Accepted the Tower Zero and Restroom Project CC-883 at a final cost of $425,190.84 and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (City Council) Accepted Bid and Authorized the Award of Construction Contract for the Bluff Top Park Railing Replacement Project; CC-1134 - Landmark Fence Co. Inc. — Approved Expenditure of Funds (600.65) - 1. Accepted low bid submitted by Landmark Fence Company, Inc., Ontario, CA and authorized the Mayor and City Clerk to execute an (15) July 17, 2000 - Council/Agency Minutes - Page 15 appropriate construction contract for the Bluff Top Park Railing Replacement Project, CC-1134, in the total bid amount of $189,180; and 2. Authorized the Director of Public Works to expend a total of $200,000 to cover the contract amount of $189,820, estimated construction change orders of $5,410 and supplemental expenditures of $5,410. (City Council) Adopted Resolution No. 2000-71 Modifying the Huntington Beach Firefighter's Association Memorandum of Understanding to Allow Rate Adjustment for Level Il Arson Investigators — Approved Side Letter to the MOU (720.20) - Adopted Resolution No. 2000-71 - "A Resolution of the City Council of the City of Huntington Beach Adopting a Side Letter to the MOU between the City of Huntington Beach and the Huntington Beach Firefighter's Association Regarding Pay Rate for Level It Arson Investigators, " with Side Letter attached to place said rate 22 ranges above the Fire Protection Specialist. (City Council) Approved a License (Communications Agreement) between Orange County and the Metro Cities Fire Authority (600.25) - Authorized the City of Huntington Beach's Metro Cities Board representative (City Administrator or Fire Chief as alternate) to approve a License (Communications Agreement) between the County of Orange and the Metro Cities Fire Authority for storing Metro Cities communications equipment. (City Council) Approved Second Amended Joint Powers Agreement for Metro Cities Fire Authority (600.40) - Approved and authorized the Mayor and the City Clerk to execute the Metro Cities Fire Authority Second Amended Joint Powers Agreement. (Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Newport Beach, Orange and Huntington Beach) (Redevelopment Agency) Approved Appropriation of Investment Partnership Program (HOME) Funds for Affordable Housing — Rehabilitation of 16112 Sher Lane and 16121 Parkside Lane Per Owner Participation Agreement with Bridges America Sher Lane, LP (600,30) - Appropriated $199,734 of federal HOME Investment Partnership Program funds as per the Agency's Owner Participation Agreement with Bridges America Sher Lane, LP for the rehabilitation of 16112 Sher Lane and 16121 Parkside Lane. (City Council) Approved the Position Upgrade of One Part -Time Traffic Bureau Office Assistant to a Full -Time Police Records Technician — Authorized Expenditure of Funds (700.10) - 1. Approved the position upgrade from Recurrent Office Assistant I, to Permanent Full-time Police Records Technician; and 2. Approved the appropriation of $21,723 from the unreserved, undesignated Statewide Abandoned Vehicle program (SAAV); and 3. Authorized the expenditure of funds not to exceed a total of $36,940 in salaries and benefits for the upgrade of one Recurrent Office Assistant to a Permanent Full-time Police Records Technician. (City Council) Received and Filed Big Independent Cities Excess Pool (BICEP) Financial Statements and Independent Auditor's Report (310.75) — Received and filed the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditor's Report for the years ended June 30, 1999 and June 30, 1998. (City Council) Approved Park License Agreement with Southern California Edison Company for Arevalos Park — We of Adams and Yorktown Avenues (600.10) - Approved and authorized the Mayor and City Clerk to execute the License Agreement with Southern California Edison Company to utilize the 2.6 acres of property for Arevalos Park for five years at $200 per acre per year. Page 16 - Council/Agency Agenda — July 17, 2000 (Redevelopment Agency) Approved Contract for Consultant Services with EDAW Corporation — Edinger Corridor (1-405 Freeway and Beach Blvd.) Economic Development Action Plan and Specific Plan — Approved Appropriation of Funds (600.10) —1. Approved and authorized the Agency Chairperson and Agency Clerk to execute the Professional Services Contract between the Redevelopment Agency of the City of Huntington Beach and EDAW, Inc. for Consultant Services Relative to the Edinger Corridor Economic Development Action Plan and Specific Plan to prepare an Economic Development Action Plan and a Specific Plan for Edinger Corridor; and 2. Appropriated $340,000 from the Redevelopment Agency Capital Projects Fund Balance to fund the Scope of Work. (City Council) Authorized Request for Bids for Construction of Water Well No. 3A (Oak Lane); CC-1114 - and Reconstruction of Water Well No. 5 (Warner Avenue); CC-1059 - Approved Sample Contract (600.75) The City Council considered a communication from the Public Works Department submitting that the plans and specifications for the construction of Water Well No. 3A (CC-1114) and reconstruction of Water Well No. 5 (CC-1059) are in final preparation, and will be ready for a bid request upon approval by the Director of Public Works. The communication transmits staffs request for permission to advertise for competitive bids. Mayor Pro Tern Harman requested that this item, along with the following item (the request for bids for water pipeline replacements in Orange and Memphis Avenues, CC-1132) be removed for separate discussion because they are both large water contracts. For that reason, Mayor Pro Tern Harman stated that he required more information about their funding sources. Mayor Pro Tern Harman inquired whether they are to be funded by the Water Capital Improvement Assessment, or the General Fund, as the RCA (Request for Council Action) makes reference to account numbers only. Council requested that in the future, a fund account name be included in the RCA (Request for Council Action) as well as a separate memo on the status of the water fund. Mayor Garofalo and Councilmember Bauer requested a staff update on an external water project, the Ground Water Replenishment Program. A motion was made by Harman, second Bauer to 1. Authorize the Director of Public Works to advertise for bids for the construction of Water Well No. 3A (CC-1114) and Reconstruction of Water Well No. 5 (CC-1059) upon approval; and, 2. Approve the attached sample contract, subject to award of contract to the lowest responsive/responsible bidder; and 3. In the future, request Fund Account be included in the RCA (Request for Council Action). The motion carried by the following roll call vote: AYES: Julien, Harman, Sullivan, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (City Council) Authorized Request for Bids for Water Pipeline Replacements in Orange Avenue between Goldenwest and 111h Streets and in Memphis Avenue between Alabama and Delaware Streets; CC-1132 -Approved Sample Contract (600.75) The City Council considered a communication from the Public Works Department submitting that plans and specifications for the water pipeline replacements in Orange Avenue, between (17) July 17, 2000 - Council/Agency Minutes - Page 17 Goldenwest Street and 111h Street (approximately 4000 LF); and in Memphis Avenue, between Alabama Street and Delaware Street (approximately 1200 LF) CC-1132, are in final preparation and will be ready for bid request upon approval by the Public Works Director. The communication transmits staffs request for permission to advertise for competitive bids. As in the preceding item — the request for bids for construction of Water Well No. 3A (CC-1114) and reconstruction of Water Well No. 5 (CC-1059) - this item was requested by Mayor Pro Tem Harman for removal from the Consent Calendar for the same reasons he outlined in his previous request. A motion was made by Harman, second Bauer to: 1. Authorize the Director of Public Works to advertise for bids for the water pipeline replacements in Orange Avenue between Goldenwest Street and 1 lt' Street (approximately 4000 LF); and in Memphis Avenue between Alabama Street and Delaware Street (approximately 1200 LF) CC-1132 upon approval; and 2. Approve the attached sample contract, subject to award of contract to the lowest responsivelresponsible bidder; and 3. In the future, request Fund Account be included in the RCA (Request for Council Action). The motion carried by the following roll call vote: AYES: Julien, Harman, Sullivan, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (City Council) Deferred to a Future Date - Request for Adoption of Resolution No. 2000-72 Designating the Police Chief as Subordinate for Limited Actions on Alcohol Beverage Control (ABC) Licenses — Directed City Attorney to Review State Law and Process Used by 31 Orange County Cities (630.10) The City Council considered a communication from the Chief of Police transmitting the following Statement of Issue: Section 23800(e) of the Business and Professions Code allows a local governing body to request new restrictions on an existing ABC (Alcohol Beverage Control) license when there is substantial evidence of problems occurring at or near the licensed premises when the license is in process of changing ownership. In order to avail ourselves of the benefits of this new law, as provided in the Business and Professions Code, and due to time constraints, it is recommended the City Council designate a subordinate representative. The resolution accompanying the RCA (Request for Council Action) proposes designation of the Chief of Police as the City Council's official Subordinate Representative to the Alcohol Beverage Control (ABC) Board. Councilmember Julien requested that this item be removed from the Consent Calendar and opened for discussion on whether it would be more appropriate for the City Administrator to be designated. She expressed her concern for the appeal process; inquiring if a neutral third party who can mediate would prevent decision -making from defaulting to the ABC Board. Discussion was held regarding the available options, with Deputy City Attorney Sarah Lazarus responding that if it is Council's pleasure, it is possible to have dual representation. Deputy City Attorney Lazarus clarified that the ABC Board did not make the law relative to delegation of responsibility. She reiterated the statement of issue that a municipal body can appoint itself. Deputy City Attorney Lazarus offered to revisit sections of State law, stating that there should be some latitude. Page 18 - Council/Agency Agenda —July 17, 2000 Councilmember Sullivan stated that the timeframe would allow for the City Attorney's Office to review the material and return to Council in 30 days. Councilmember Dettloff informed Council of her opinion that the Chief of Police would be the appropriate person for authorizing the ABC licensing of incoming businesses. A motion was made by Julien, second Mayor Garofalo to defer adoption of Resolution 2000-72 to a future date, and instead to direct the City Attorney's Office to review 1. The reason why the State law designates the City Council, and 2. the process used by the 31 Orange County Cities. The motion carried by the following roll call vote: AYES: Julien, Harman, Sullivan, Garofalo, Green, Bauer NOES: Dettloff ABSENT: None Note: The following is a three-part Administrative Item: (City Council) Part 1 of 3 — Continued from July 5, 2000 - Adopted Resolution No. 2000.66 Adding One Measure and One Advisory Vote Measure to the General Municipal Election to be Held November 7, 2000 (620.20) The City Council considered a communication from the City Clerk transmitting that at the June 19, 2000 Council meeting, the Council adopted resolutions for the conduct of the November 7, 2000 General Municipal Election, together with a request for the Orange County Board of Supervisors to consolidate the city's election with that of the Statewide Election. (Election of three members of the City Council, a City Clerk, and a City Treasurer.) Resolution No. 2000-66 is being submitted for Council adoption to add one measure and one advisory vote only measure to the November 7, 2000, General Municipal Election, as follows: "Shall an electric power plant be required to pay the same Utility Tax as do residents and businesses of the City of Huntington Beach by Yes amending the Huntington Beach Municipal Code to remove Section 3.36.080(b) and make corresponding changes to Section 3.36.010(g)?" No Advisory Vote Only "Should the Utility Tax paid solely by an electric power plant be placed into an Infrastructure Fund to be used only for Yes the maintenance, construction, and repair of infrastructure such as sewers, sewage lift stations, storm drains, storm water pump stations, No alleys, streets, highways, curbs and gutters, sidewalks, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic signals, street lights, and block walls along arterial highways?" (19) July 17, 2000 - Council/Agency Minutes - Page 19 A motion was made by Sullivan, second Green to Adopt Resolution No. 2000-66 -- "A Resolution of the City Council of the City of Huntington Beach Ordering the Submission to the Qualified Electors of the City of Huntington Beach Certain Measures Relating to the City's Utility Tax at the General Municipal Election to be Held on Tuesday, November 7, 2000 as Called by Resolution No. 2000-58." The motion carried by the following roll call vote. AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (Julien out of room) (City Council) Part 2 of 3 - Continued from July 5, 2000 - Adopted Resolution No. 2000-69 Setting Priorities for Written Arguments Regarding a City Measure and Directing the Preparation of an Impartial Analysis — November 7, 2000 General Municipal Election (Proposed Measure to Require an Electric Power Plant to Pay the Same Utility Tax As Do City Residents and Businesses) (620.20) The City Council considered a communication from the City Clerk transmitting that if Council wishes to have first priority to file arguments relative to the proposed City Measure, the Council may vote to: 1. Authorize and name Councilmembers to file an argument in favor; or 2. Authorize and name Councilmembers to file an argument against; or 3. Authorize and name Councilmembers to file an argument in favor and an argument against. (Sometimes done by Council to allow minority of Councilmembers to file opposing arguments.) Note: No more than 5 Councilmembers can sign an argument either for or against a measure. The City Clerk clarified that Councilmembers can only appoint themselves. She stated that if no Councilmember is named and if arguments are received, reference would be made to the Elections Code for as to which argument to select. The City Attorney concurred. A motion was made by Green, second Julien to 1. Authorize and name Councilmembers Julien, Sullivan, Dettloff and Bauer to file an argument in favor; and 2. After naming Councilmembers authorized to file written arguments, adopt Resolution No. 2000-69 — "A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis." The motion carried by the following roll call vote. AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (Continued on the Next Page) Page 20 - Council/Agency Agenda — July 17, 2000 (City Council) Part 3 of 3 — Continued from July 5, 2000 - Adopted Resolution No. 2000-70 Setting Priorities for Written Arguments Regarding a City (Advisory Vote) Measure and Directing the Preparation of an Impartial Analysis — November 7, 2000 General Municipal Election — (Re Whether a Utility Tax Paid Solely by an Electric Power Plant Should be Placed Into an Infrastructure Fund (620.20) The City Council considered a communication from the City Clerk transmitting that if Council wishes to have first priority to file arguments relative to the proposed Advisory Measure, the Council may vote to: 1. Authorize and name Councilmembers to file an argument in favor; or 2. Authorize and name Councilmembers to file an argument against; or 3. Authorize and name Councilmembers to file an argument in favor and an argument against. (Sometimes done by Council to allow minority of Councilmembers to file opposing arguments.) Note: No more than 5 Councilmembers can sign an argument either for or against a measure. A motion was made by Green, second Dettloff to 1. Authorize and name Councilmembers Julien, Sullivan, Dettloff and Bauer to file an argument in favor; and 2. After naming Councilmembers authorized to file written arguments, adopt Resolution No. 2000-70 — "A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Setting Priorities for Filing a Written Argument Regarding a City Advisory Measure and Directing the City Attorney to Prepare an Impartial Analysis." The motion carried by the following roll call vote. AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (City Council) Adopted Resolution No. 2000-73 — Fixing the Tax Rate for the City of Huntington Beach for Fiscal Year 2000/2001 (340.90) The City Council considered a communication from the Administrative Services Director Reekstin transmitting for Council consideration Resolution No. 2000-73 fixing the tax rate for the City of Huntington Beach at $.04930 per $100 of assessed valuation. Administrative Services Director John Reekstin presented a slide report on the property tax rate, which had been announced earlier as a late communication by the City Clerk. The PowerPoint slide presentation is dated July 17, 2000 titled Adoption of Tax Rate for Fiscal Year 200012001. City Attorney Hutton reported at length on the legal aspects of the property tax override funds. Mayor Garofalo requested that in the future, municipal employees be referred to as non-public safety and not miscellaneous employees. (21) July 17, 2000 - Council/Agency Minutes - Page 21 (City Council) Motion Failed to Adopt Resolution No. 2000-73 on Fixing the Tax Rate for FY 2000/2001 as Amended to Reimburse Taxpayers if City Loses Lawsuit Filed by the Howard Jarvis Association (120.80) A motion was made by Sullivan, second Mayor Pro Tem Harman to adopt Resolution No. 2000-73 as amended as follows: That the City Council declare that if the city loses the lawsuit filed by the Howard Jarvis Association that the city will refund the amount to the taxpayers with the appropriate interest. The motion failed by the following roll call vote: AYES: Julien, Sullivan, Harman NOES: Garofalo, Green, Dettloff, Bauer ABSENT: None A motion was made by Green, second Dettloff to adopt Resolution No. 2000-73 — "A Resolution of the City Council of the City of Huntington Beach Fixing the Fiscal Year 200012001 Tax Rate" at $.04930 per $100 of assessed valuation. The motion carried by the following roll call vote: AYES: Julien, Garofalo, Green, Dettloff, Bauer NOES: Sullivan, Harman ABSENT: None (City Council) Deferred from July 5, 2000 — Approved Introduction of Ordinance No. 3469 to Amend HB Municipal Code Relating to Public Nudity and Approved Introduction of Ordinance No. 3470 to Amend HB Municipal Code Relating to Penalty for Sexual_ Oriented Business Regulations Violations (640.10) The City Council considered the following communication on Ordinance No. 3469 and Ordinance No. 3470: Communication submitted by the Office of the City Attorney — Adult Uses — Published Cases. Communication dated July 10, 2000 from David M. Swerdlin, Swerdlin and Associates in opposition to Ordinance No. 3469. Earlier in the meeting the City Clerk announced a Late Communication received after distribution of the agenda packets. The communication is an inter -office memorandum to Councilmembers dated July 17, 2000 from the City Attorney, in which she responded to questions presented in letters from Randall Garrou and David Swerdlin, Attorneys representing Talbert & Beach, Inc., owner of the Flamingo Theater. After the City Clerk read by titles, approved introduction of 1. Ordinance No. 3469 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal by Repealing Chapter 9.36 Relating to Indecent Exposure and Adding Chapter 9.37 Pertaining to Public Nudity and Findings in Support Thereof,•" and 2. Approved introduction of Ordinance No. 3470 - "An Ordinance of the City of Huntington Beach Amending Chapter 5.70 of the Page 22 - Council/Agency Agenda — July 17, 2000 Huntington Beach Municipal Code Relating to Penalty for Violation of Regulations and Findings in Support of Chapter 5.70." Submitted by the Office of the City Attorney. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: Norse ABSENT: None (City Council) Approved Reconsideration of Specific Plan No. 13 — "The Crossings" at H. B. Center Mail to Allow One Drive -Through Bakery Use - Scheduled Public Hearing for August 7, 2000 (450.30) The City Council considered a communication from Councilmember Dave Sullivan regarding the following Statement of Issue: On July 5, 2000 the City Council adopted the Crossings at Huntington Beach Specific Plan No. 13 (Zoning Map Amendment No. 00-01/Zoning Text Amendment No. 00-02) and eliminated drive -through businesses as permitted uses in the regional commercial mall. After giving additional thought to the merits of drive -through uses at the Huntington Beach mall property, it is requested that the City Council reconsider its action with respect to drive -through uses only. Earlier in the meeting, Mayor Garofalo made an announcement that upon the advice of the City Attorney, he is recusing himself from consideration of this item. Councilmember Sullivan informed Council that his item was prompted by Councilmember Julien's persuasiveness. He stated that he spoke with a number of people regarding bringing in a popular bakery. Discussion followed relative to the issues, including the appropriate location for the proposed establishment with consideration of a high visibility setting as well as queuing concerns. City Attorney Hutton clarified that approval of a reconsideration of the Specific Plan that had been adopted by resolution at the July 5, 2000 Council meeting would require a subsequent resolution. City Administrator Silver requested that a public hearing for reconsideration be set at the August 7, 2000 Council meeting. Council concurred. A motion was made by Sullivan, second Green to reconsider the previous approval action of the Crossings at Huntington Beach Specific Plan No. 13 at the July 5, 2000 meeting and modify the approval to allow one drive -through bakery within the 63 acre property. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer NOES: None ABSTAIN: Garofalo ABSENT: None (23) July 17, 2000 - Council/Agency Minutes - Page 23 A motion was made by Sullivan, second Green to set a public hearing at the August 7, 2000 Council meeting for reconsideration of the previous approval action of the Crossings at Huntington Beach Specific Plan No. 13 at the July 5, 2000 meeting and modify the approval to allow one drive -through bakery within the 63 acre property. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer NOES: None ABSTAIN: Garofalo ABSENT: None (City Council) Approved Councilmember Ralph Bauer's Request to Form a Coastal Cities Division Within the League of California Cities (150.40) The City Council considered a communication from Councilmember Ralph Bauer regarding the following; Statement of Issue: Increasing emphasis on coastal issues including urban run-off, beach erosion, sand replenishment, wetland preservation, and enhanced tourism makes it desirable for the League of California Cities to support coastal cities. City Administrator Silver directed Clay Martin, the Director of Organizational Effectiveness to take the lead on proposing the new division to the League of California Cities. A motion was made by Bauer, second Green to: 1. Request that the Huntington Beach City Council contact the Orange County. Division of the League of California Cities and propose that they support the founding of a new League Division called the "California Coastal Cities Division;" and 2. Request that this division be included in the annual statewide League of California Cities meetings and that speakers be invited to discuss and address coastal issues. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (City Council) Directed Staff to Submit Proposal to the County of Orange Re: Various Actions for Consideration on the Bolsa Chica Linear Park — Approved Action to Restore the Size of the Bolsa Chica Interpretive Center (920.30) The City Council considered a communication from Councilmember Ralph Bauer regarding the following: Statement of Issue: The Bolsa Chica Linear Park is languishing. There are a number of reasons for this: 1. Approximately 54 acres of land in private hands will not be donated to the city and county for the park until building occurs on the Balsa Chica Mesa. 2. There are oil lease encumbrances and contamination issues in the park. 3. The city has been unwilling to supply water to that part of the park in county territory. 4. The county plan includes land not yet donated to the county, thus the county is unwilling to move forward with their plan. The Bolsa Chica Park has been held hostage for too long. The people of the Second Supervisorial District deserve a plan and financial support from the county for open space comparable to that of the other supervisorial districts, Page 24 - Council/Agency Agenda — July 17, 2000 Councilmember Bauer initiated Council deliberation to add a recommended action based upon the request that the public speaker, Mr. Dave Carlberg made relative to including 10,000 square feet of additional space at the Bolsa Chica Interpretive Center. Council concurred. Councilmember Bauer amended his recommended action requesting that staff generate a proposal to be submitted to the county to include the qualification "If Council approves." Councilmember Green expressed concern over the issue of supplying water to the park. Mayor Pro Tem Harman and Councilmember Sullivan thanked Councilmember Bauer for bringing his item forward. A motion was made by Bauer, second Green to approve, as amended: Request that staff generate a proposal that is submitted to the county, if Council approves, that considers the following: 1. Water may be supplied to the park which lies in county territory; and 2. That the 54 acres in private hands may never be donated so we should plan around this eventuality; and 3. Define the leasehold and contamination issues; and 4. The county should provide funds for possible purchase of land and maintenance around the linear park in a dollar amount at least equal to the average of the other four supervisorial districts. The Second supervisorial district does not have a regional park supported by county funds comparable to the other supervisorial districts of Orange County; and 5. Restore the size of the Bolsa Chica Interpretive Center to a minimum of 10,000 usable square footage. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (City Council) Approved Request to Rename the "Tree Committee" to the "City Beautification Through Landscaping Committee" and Approved Various Landscaping Related Concerns (100.10) The City Council considered a Communication from Councilmember Ralph Bauer submitting the following Statement of Issue: It would be of value to coordinate the efforts of the Landscaping Committee with the efforts of the Nuisance House Task Force, the Neighborhood Improvement Program, and the Infrastructure Committee, and that the Tree committee on its near term agendas consider: A motion was made by Bauer, second Mayor Garofalo to 1. Complete policy on sharing costs between city and homeowner groups; and 2. Complete Landscaping Ordinance which is triggered when a business is transferred or sold; and 3. Provide for requirements to be designated a "Tree City"; and 4. Provide a comprehensive long-range program for funding the following: (a) landscaping all medians (b) replacement of the approximately 8,000 trees which have been lost (c) completion of landscaping the bluffs between Goldenwest Street and Seapoint Avenue; and S. Landscape all flood Orange County control channels in cooperation with the county; and 6. Landscape Orange County Sanitation District plant; and 7. Cover all walls with vines; and 8. Code enforcement of existing landscaping requirements such as the inland side of Pacific Coast Highway between Goldenwest Street and Seapoint Avenue; and 9. Landscaping of industrial property along Goldenwest Street near Garfield Street and Garfield Street east of Goldenwest Street; and 10. Landscaping in front of the AES Plant (formerly Southern California Edison plant), Cabrillo Mobile Home Park, and Action Boat Sales; and (25) July 17, 2000 - Council/Agency Minutes - Page 25 11. Landscaping of state-owned building at 171h Street and Pacific Coast Highway. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (City Council) Approved Appointment of Mayor Garofalo as the City Delegate and Councilmember Ralph Bauer as the Alternate to the League of California Cities Annual Conference (120.20) The City Council considered a communication from Mayor Dave Garofalo submitting the following Statement of Issue: the annual conference for the League of California Cities will be held in Anaheim at the Convention Center this year from Thursday, September 7, 2000 through Saturday, September 9, 2000. An important aspect of the annual conference is the annual business meeting when the membership takes action on conference resolutions. Each city is entitled to one vote in matters affecting municipal or League policy. Usually the City Council appoints the Mayor or a Councilmember to act as its delegate and a secoRd.to aP as alternate. However, �f the Mayor or a City Councilmember will not be registered'wdel egetes at the conference, the city can be represented by another city official if that city official is a registered delegate to the conference and has been appointed by the City Council to serve as the city's official voting delegate or alternate. The League has requested that we notify them no later than Friday, August 18, 2000 of the names of our delegate and alternate. A motion was made by Green, second Dettloff to: 1. Appoint Mayor David Garofalo to serve as the delegate for the City of Huntington Beach at the Annual conference of the League of California Cities, September 7, 2000 through September 9, 2000; and 2. Appoint Councilman Ralph Bauer to serve as the alternate for the City of Huntington Beach at the Annual Conference of the League of California Cities, September 7, 2000 through September 9, 2000. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None Page 26 - Council/Agency Agenda — July 17, 2000 Adjournment — City Council/Redevelopment Agency Mayor Garofalo adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:00 p.m. to Monday, August 7, 2000, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City lerk and ex-officio Clerk o0he City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Reach, California ATTEST: City Clerk -Clerk Mayor -Chairman