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HomeMy WebLinkAbout2001-01-16Minutes City Council/Redevelopment Agency City Of Huntington Beach 5:00 P_M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Tuesday, January 16, 2001 An audiotape of the 5:00 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 Julien Houchen called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:05 p.m. in Room B-8. City Council — Redevelopment Agency Roll Call Present: Green, Cook, Julien Houchen, Garofalo, Dettloff, Bauer (Boardman arrived 5:10 p.m.) Absent: None Late Communication Pursuant to the Brown (Open Meetings Act) the Deputy City Clerk announced a Late Communication which pertained to the study session item on the agenda: PowerPoint slide report submitted by the Director of Organizational Effectiveness to the City Clerk's Office on January 16, 2001 titled Competitive Service. (Slide show presentation relates to Agenda Items on: (1) request for Adoption of the Competitive Services Model and Managed Competition Guidelines; (2) the Ten Month Side -By -Side Street Sweeping Report; and (3) the Street Sweeping Parking Citation Enforcement Program. Public Comments Russell Reinhart, Huntington Beach Police Officers' Association informed Council that his purpose is to try and avert having to go to court against the city. Officer Reinhart presented a flip chart with figures comparing and contrasting the City Employee Health Plan with an alternative health plan that he stated is preferred by the HBPOA. Kreg Muller requested a meeting relative to contract negotiations between the city and the Huntington Beach Police Officers' Association before going to mediation. Officer Muller stated that his purpose for addressing Council at this meeting was to ensure that the city was well informed before starting the process. Dennis Hashin dissented with the city's assertion that its offer on the table would place police officers in the 75 percentile countywide. He provided a flip chart with statistics which reflect that the city will always fall behind in ranking when other cities make their move with salary increases. Officer Hashin distributed a hard copy handout of his matrix to Council. (2) January 16, 2001 - Council/Agency Minutes - Page 2 (City Council) Announcement Made by City Administrator re: City v Huntington Beach Police Officers' Labor Mediation is to Take Place on January 23, 2001 (120.80) City Administrator Ray Silver announced that the City and the Police Officers' Association is going into mediation on January 23, 2001. (City Council) Study Session - Presentation of Competitive Services Model: Reports on the Competitive Services Model and the First Year's Competitive Services Analysis of the Side -by -Side Street Sweeping Program (800.10) The PowerPoint presentation announced earlier by the Deputy City Clerk as a Late Communication regarding the Competitive Services Model was presented by staff in three parts: Director of Organizational Effectiveness Clay Martin presented the first segment on the Competitive Services Model. The two reports on the First Year's Competitive Services Analysis of the Side -by -Side Street Sweeping Program and the Twice -a -Month Street Sweeping Parking Enforcement Program were delivered by Senior Administrative Analyst Peter Grant. Mr. Grant stated that the annual report is actually a ten month report from January 2000 through October 2000. As the staff report shows, the first two months of the Side -by -Side Street Sweeping Program were excluded from the analysis to provide the contractor the opportunity to become familiar with the routes. Councilmember Garofalo commended Senior Administrative Analyst Grant on his thorough documentation of the subject matter. Councilmember Garofalo also requested that staff investigate if the contractor is allowed to purchase fuel at the same cost as does the city. Inquiring about the statistics on debris collection, Councilmember Boardman received the answer to her inquiry that there are no figures available for a comparative analysis, as to the number of tons of sewage collected before side -by -side street sweeping went into effect. Councilmember Dettloff asked if the city presently has the capability and equipment to sweep twice monthly. Mr. Grant responded that it does not. Councilmember Green inquired as to the potential for a public -private partnership. City Administrator Ray Silver responded to the Councilmembers' questions, stating that the city has three options from which to choose before November 1, 2001 each of which requires both a qualitative and a quantitative analysis: 1. One time a month city sweeping and one time a month contract sweeping; 2. Both times by the city; or 3. Both times by the contractor Senior Administrative Analyst Grant informed Council that his next report is a result of Councilmember Garofalo's item regarding parking enforcement for the street sweeping program. As Mr. Grant continued with his slide report regarding street sweeping parking enforcement, Director of Organizational Martin displayed the larger new signage suggested for visual impact to be placed in residential neighborhoods relative to parking citations. (3) January 16, 2001 - Council/Agency Minutes - Page 3 Staff informed Council that the Competitive Services Committee made up of Mayor Julien Houchen and Councilmembers Garofalo and Boardman, plans to request Council approval of the suspension of parking ticket issuance during the week between Christmas and New Year's Day, beginning December 2001. The recommended hiatus will be announced at the 7:00 p.m. portion of this Council meeting. Councilmember Garofalo asked the percentage of gated communities in the city, to which Public Works Director Robert F. Beardsley responded is five percent. Mayor Pro Tem Cook initiated discussion regarding high density areas, neighborhoods with short sidewalks, and pick up and drop off points on school sites. Staff responded that these areas of concern are all under control. Council thanked staff for their reports. Motion to Recess to Closest Session — Approved A motion was made by Dettloff, second Bauer to recess to Closed Session on the following items. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Closed Session -- Pursuant to Government Code Section 54957.6 to meet with its designated representatives, Agency Negotiators: William Workman, Assistant City Administrator; William Osness, Personnel Director; and Daniel Cassidy, Esquire of Liebert, Cassidy, and Frierson regarding labor relations matters — meet and confer with the following employee organization: HBPOA. (120.80) (City Council) Closed Session -- 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 Charles Nowotny v. Johnson, City of Huntington Beach, et al.; U.S. District Court Case No. CV 99-13098-FMC. (120.80) (City Council) Closed Session — 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 Michael Mills v. City of Huntington Beach; Workers' Comp Case Nos. AHM 0029678, 0029679, 0029680, 0076206, 0076203, 0076204, 0073451, 0073480, and AHM unassigned; City Claim No. COHB 93-0085, 91-0286, 88-0386, 96-0072, 98-0006, 99-0035, and 99-0119. (120.80) (City Council) Closed Session -- Pursuant to Government Code Section 54956.9(b)(2)(8) to confer with its city attorney regarding pending litigation. The facts and circumstances that might result in litigation against the city or its current or former officers are that the Orange County Grand Jury is investigating whether city officials violated Water Code § 13271 and/or Health & Safety Code § 5411.5 by allegedly failing to report sewer leaks to the County Environmental Health Officer, the Regional Water Quality Control Board, or other officials. Subject: In re Grand Jury Investigation into Sewer Leaks (120.80) Reconvene City Council/Redevelopment Agency Meeting — 7:15 p.m. (4) January 16, 2001 - Council/Agency Minutes - Page 4 No Actions Taken Which Require a Reporting Pursuant to Government Code §54957.1(a) (3) (B)). Mayor Julien Houchen asked Assistant City Attorney Paul D'Alessandro if there were any actions taken by the City Council or Redevelopment Agency in Closed Session that required a reporting_ Assistant City Attorney D'Alessandro responded that there were no actions to report. City Council -Redevelopment Agency Roll Call Present Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer Absent None Flag Ceremony and Pledge of Allegiance --- Led by Bob Kakuk Invocation — Led by Pastor Bill Crouch, Fountain Spring Church, Huntington Beach 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: Slide show presentation submitted by the Director of Organizational Effectiveness to the City Clerk's Office on January 16, 2001. Slide show presentation titled Competitive Service. (Slide show presentation relates to Agenda Items on: (1) request for Adoption of the Competitive Services Model and Managed Competition Guidelines; (2) the Ten Month Side -By -Side Street Sweeping Report; and (3) the Street Sweeping Parking Citation Enforcement Program. Slide show presentation dated January 16, 2001 from Shari Freidenrich, City Treasurer titled Treasurer's Report. Application for Insurance Requirements Waiver or Modification (Attachment No. 2) submitted by the Department of Public Works to the City Clerk's Office on January 16, 2001. Communication dated January 16, 2001 from Leroy M. Gire, Attorney at Law, representing Insituform Technologies, inc., transmitting their opposition to the proposed staff recommended action. Communication titled January 16, 2001 Council Agenda, Item E-11. Communication dated January 12, 2001 from the Community Services Director transmitting a revision to the Recommended Action relating to the location to which the proposed change machine would be installed. Communication titled Change Machine for Fifth Street— Item E-15. Communication dated January 16, 2001 from Philomene P. Gallegos, owner of The Shed Restaurant, transmitting her support for the installation of a change machine on 5'h Street. Communication titled Agenda Item # E-15, City Council Meeting 1-16-2001. Slide show presentation dated January 16, 2001 from the Department of Economic Development titled Southeast Coastal Area — Redevelopment Plan Adoption Schedule. (5) January 16, 2001 - Council/Agency Minutes - Page 5 Slide report prepared by Real Estate Services Division of the Administrative Services Department titled Main Promenade Parking Structure Financial Presentation. Matrix from the Public Works Department dated December 28, 2000 and titled Attachment B to the Preliminary Schedule of Tasks to Enact Monthly Sewer Charge Presentation — By Mayor Pam Julien Houchen to David Biggs, Director, Economic Development, Gus Duran, Housing/Redevelopment Manager and Steve Holtz, Assistant Project Manager, a plaque from the Habitat for Humanity in appreciation for the assistance given in the recent building of homes in Huntington Beach. Presentation — By Mayor Pam Julien Houchen to Mr. Perry Cain, Manager, Community Relations, Boeing Company presentation of a proclamation recognizing the Boeing Company for their hard work and community spirit by taking the lead and organizing the First Annual Holiday Light Display and Vehicular Drive Through, Holiday DUghts. Presentation — By Alex Osman, Lynn Gutierez, Tony Dennis, John Forneneez, Ronnie Paco and Tony Huizing of Burlington Coat Factory, checks in the amount of $1,000 each to Mayor Pam Julien Houchen and Project Self Sufficiency, the Soroptimist International, the Boys and Girl's Club of Huntington Beach, and the Hebrew Academy. Ron Hagen, Community Services Director accepted the check for Project Self Sufficiency; City Treasurer Shari Freidenrich, for Soroptimist International as its President; to its representative for the Boy's and Girl's Club of Huntington Beach and to Linda Cohen on behalf of the Hebrew Academy. Presentation of the Mayors Award — to Leonie Crouch, Customer Service Supervisor, City Treasurer's Office for developing an automated system to replace manual system; the preparation of a valuable procedures manual and the training of her fellow co-workers. (City Council) City Administrator's Report on Street Sweeping Program Findings from the 5:00 p.m. Study Session Portion of this Council Meeting (800.10) Assistant City Administrator William Workman presented an oral report, highlighting portions of the study session on the Competitive Services Program for street sweeping, including the recommendations of 1) the hiatus on street sweeping parking citations from December 24 through January 2 yearly; and 2) the increase on the size of signs regarding street sweeping posted in residential tracts. Public Comments George Mason, representative from the Southeast Huntington Beach Neighborhood Homeowners Association (SEHBNA) spoke in support of the approval of the Consent Calendar agenda item on the Beach Maintenance Facility Cash Contract and the Administrative agenda item schedule for the Southeast Coastal Redevelopment Plan. He informed Council that the association reviewed the plans and specifications and agreed unanimously that Weeger Brothers, Inc. should be awarded the cash contract. Mr. Mason further stated that the association is also in unanimous agreement that the redevelopment plan will improve the blighted area, including the Nesi-Ascon toxic dump site. Dave Sullivan distributed copies of a communication to Council and staff dated January 16, 2001 titled Sewer Tax Considerations, Dr. Sullivan requested a televised study session and public hearing covering the concerns listed on his handout. He also inquired as to (6) January 16, 2001 - Council/Agency Minutes - Page 6 the procedure being used to apply for the grant for the gun range item is needed. The former Councilmember expressed his opinion that to plan a gun range at the alternate site of the Orange County transfer facility is unwise. He spoke further regarding the Orange County Sanitation District (OCSD) testing on ocean water. Dr. Sullivan suggested a subsequent study after a period of minimum use by the AES (formerly Southern California Edison) to determine if the plant is responsible. He posed the question if it is compatible to have a sanitation plant adjacent to an energy plant. Vincent Novack, Boardmember of Villas of Huntington Beach addressed the Southeast Coastal Redevelopment Plan agenda item. He expressed his concern over the CENCO property, anticipating problems with the industrial use of the tank farm. Dr_ Novack stated that the current tank farm site at Newland Street and Hamilton Avenue is better suited for residential use and suggested the Nesi-Aston site be used. Larry Barnard spoke in support of the waiver of parking fines during Christmas holiday week. He stated the concern that block walls will crumble in an earthquake. Mr. Barnard stated that sidewalks in the southeast area of the city, including Adams, Atlanta and Indianapolis Avenues and Newland Street are dirty, in disgrace and need to be cleaned. Tony Henrich, representative of Insituform Technologies, Inc. requested that the agenda item on the Huntington Harbour Sewer Lining Project be removed from the Consent Calendar for discussion. He referred to 50, 000 feet of bad, leaky pipes and spoke regarding infiltration and the sewage that would leak out. Mr. Henrich promoted his company's assets and suggested that the contract be awarded to lnsituform Technologies, Inc. He announced the next speaker, Mr. Gire, a lawyer who will advise the city of the reasons why he believes there would not be lawsuits if the city proceeds to award the contract to the lowest responsible bidder. Lee M. Gire, Attorney -at Law representing lnsituform Technologies, Inc., stated reasons why a bidder on the agenda item for the Huntington Harbor Sewer Lining project can be rejected. He read excerpts from a document he submitted on behalf of his client transmitting opposition to the proposed recommended action, to reject bids and readvertise. The communication transmitting the recommended action had been announced earlier as a late communication by the City Clerk. Mr. Gire cited a case that shows that the City Council can award the bid to another company. (City Council) Received Report from Public Works Department Providing Rationale for Rejection of Bid from National Liner West, Inc, and Readvertisement of Huntington Harbour Sewer Lining Project; CC-1161 (600.60) Upon Councilmember Garofalo's request, Deputy City Engineer David Webb presented a brief oral report as to why the apparent low bidder, National Liner West, Inc. is not being recommended for selection on the above -captioned project. Deputy City Engineer Webb reiterated background information from the staff report that provides the rationale. Public Comments Resumed Bob Kakuk, representative of Vietnam Veterans of Orange County, informed Council that present in the audience are members of other veterans' organizations such as the American Legion, Jewish War Veterans and the Veterans of Foreign Wars, who have come together to state the opinion that rather than single out one hero all veterans should be honored, relative to the proposal for a memorial commemorating Colonel Arthur Poindexter. Mr. Kakuk also (7) January 16, 2001 - Council/Agency Minutes - Page 7 requested a replacement in the form of a Veterans' Memorial Plaza, to the veterans meeting hall that had been demolished in the 1970's. J. Michael Johnson, member of the American Legion of Huntington Beach, Post 133 reiterated Mr. Kakuk's comments, and inquired as to the rationale for the city setting a precedent in singling out any one veteran. (City Council) Responses to Public Comments Re: Proposed Memorial for Colonel Arthur Poindexter at Huntington Central Library (to Return to Council at a Future Date) (130.55) Councilmember Garofalo responded to the last two speakers. Councilmember Garofalo stated that he plans to work with Mr. Kakuk, together with the Community Services Commission and staff towards a resolution. Mayor Julien Houchen reminded everyone that the item will be brought back before the Council for approval at a future date. Public Comments Resumed Rocky LaCross, Burlington Coat Factory thanked Council for not commencing condemnation on the store's lease. Mr. LaCross stated that his company plans to absorb as many as possible, of the Montgomery Wards' employees who will be losing their jobs due to bankruptcy. Bruce Hackel, Burlington Coat Factory stated that his purpose for coming is in a social capacity; to take the opportunity to welcome the new Councilmembers_ Mr. Hackel reiterated Burlington Coat Factory's commitment to participate in the redevelopment process of Huntington Center mall. Kevin L. Schmidt, Burlington Coat Factory expressed his gratitude on behalf of the store's 136 associates and its customers. He stated the opinion that the city made the right decision to save BCF, and looks forward to serving Huntington Beach for the next 25 years. Mr. Schmidt informed Council that his second topic is the closing of Montgomery Wards, and that plans are being made by Burlington Coat Factory to interview Wards' displaced employees for possible employment at BCF. Joe B. Munoz stated that he was disappointed and aggrieved upon leaming Council's decision on "The Crossings at Huntington." He expressed opposition to Burlington Coat Factory remaining and requested it be relocated to the western section of the development. Sandra Cole, representative of CHARG (Committee for an Honest and Responsible Government) enumerated the committee's long and short-term goals. Ms. Cale also presented a recommendation for ocean testing. Joseph Racano stated his opposition to the "301-H" waiver that was granted to the Orange County Sanitation District and requested its repeal. Mr. Racano spoke regarding good water quality and topics relating to the Clean Water Act. Joseph Unger requested that the City of Huntington Beach gain access to the NASA TV Channel through Time Warner, the city's franchise. He stated that there are 9,000 of his (8) January 16, 2001 - Council/Agency Minutes - Page 8 colleagues — other Boeing employees - living in the city who have interest in its broadcast. He suggested that Time Warner Communications be requested to provide it. Councilmember Garofalo stated that although he has no control of programming; he will as Chairman of the PCTA (Public Cable Television Authority), bring the matter up at a future meeting. Dean Albright informed Council that he had spoken to Councilmember Dettloff relative to the two agenda items on the side -by -side street sweeping and street sweeping parking enforcement programs. He presented a history of city street sweeping, stating that Fountain Valley has a sidewalk sweeper while Huntington Beach does not. Mr, Albright remarked that he was pleasantly surprised to find that both the Wintersburg and the Slater Channels appear to have less of a collection of debris than they had prior to the street sweeping program. He expressed his gratitude to Council as he believes the street sweeping program of the city is working as the Bolsa Chica marshland also is cleaner. Shirley Lewis expressed her concern that the city has lost the appeal that it once held for her, due to the demise of the Huntington Center Mall. She stated that she noted the large number of cars leaving the city for holiday shopping. Ms. Lewis requested that Council reconsider its denial of "The Crossings" at Huntington Center. Carole Ann Wall, Design Review Board member, informed Council of her active participation in many activities that have taken place at the Huntington Center Mall. She expressed her delight at the conceptual plans of "The Crossings at Huntington," and her dismay at Council's decision to turn down an upscale retail destination center. Ms. Wall inquired how Ezralow Retail Properties, Inc. intends to build "The Crossings at Huntington" with Burlington Coat Factory there. Don McGee spoke regarding Ezralow Retail Properties, Inc., factors in the Burlington Coat Factory and Montgomery Wards properties in the redevelopment process. Mr. McGee spoke in opposition to various facets of the governmental structure. Rich Tiffin expressed concern over the Huntington Center Mall and in opposition to what he terms to be "big box" developments. Mr. Tiffin suggested that Burlington Coat Factory be placed on the ballot to force Council to reconsider its position on "The Crossings' and to go forward on its redevelopment plans using "eminent domain." (City Council/Redevelopment Agency) Discussion Held Re: Obtaining List of Stores with Radius Exclusions Restricting Relocation to Huntington Beach (460.30) Economic Development Director Biggs responded to Mayor Pro Tem Cook's inquiry regarding which stores do or do not have radius exclusions restricting them to move into Huntington Center, stating the city would not have access to this list. Councilmember Garofalo suggested that the city's redevelopment consultant, Sedway and Associates may be helpful in providing this information. Councilmember Bauer stated that said list could be privileged information, and cautioned the city and Redevelopment Agency not to jeopardize their respective positions. (9) January 16, 2001 - CounciilAgency Minutes - Page 9 Mayor Julien Houchen stated that the Huntington Center Mall developer, Ezralow Properties, Inc., may have a current list it can share that is not confidential. Public Comments Resumed Casey Estrada requested that Council reconsider "The Crossings at Huntington" as a viable shopping center. She stated that she does not see the merit in the city having a "big box" mall. Ms. Estrada spoke regarding Montgomery Wards and its filing for bankruptcy. Thom Doney inquired if the Redevelopment Agency can take over Burlington Coat Factory through "eminent domain" since it is not a landowner, as Montgomery Wards is. Mr. Doney referred to the employees of Burlington losing their jobs as "rhetoric," since he stated he has every reason to believe that either the city/agency or the developer will be upgrading the building across the street from Huntington Center with a second floor for relocation of the Burlington Coat Factory. (City Council/Redevelopment Agency) CouncillAgency Review at a Future Date of Ezralow Properties, Inc. (Huntington Center Mall Developer) Lease and Conditions Re: Burlington Coat Factory (600.30) Councilmember Bauer responded to the speakers' comments regarding the Huntington Center Mall. City Administrator Silver stated that he could provide Council with information on the Ezralow lease at a later time, informing Council that there is still a pending litigation from Burlington Coat Factory. (City Council) Councilmember Green's Response to Public Comme is Re: 301-H Waiver Granted to the Orange County Sanitation District (OCSD) (/0�,O,77 Councilmember Green reported on the 301-H waiver to the Orange County Sanitation District (OCSD) mentioned by Mr. Racano during the Public Comments portion of the meeting. Councilmember Green spoke relative to the sewer outfall as a possible source of contamination and the "plume" of potlution. He rebutted assertions made by the public speaker, stating that OCSD would not have been granted the 301-H waiver if it had been the source of bacteria. Councilmember Green commented on Talbert Marsh and water discharge, stating that he believes ocean run-off to be the problem. (City Council) Approved Councifinember Ralph Bauer's Recommendation of the Use of the Huntington Beach City Council Chamber at 2000 Main Street on March 15, 2001 to Conduct a Light Rail Symposium Under the Auspices of the West Orange County Cities Association (WOCCA) (200.30) The City Council considered a communication from Councilmember Ralph Bauer, Acting Chairman of the Intergovernmental Relations Committee recommending Council approval for the use of the City Council Chambers to offer a Rail Symposium to all Orange County cities. Representatives from OCTA (Orange County Transportation Authority), MTA System, Amtrak, Metrolink, the High Speed Rail Task Force, SCAG (the Southern California Association of Governments) and others will be invited to speak on various subjects, Councilmember Bauer further reported on the background of the rail system, stating that he sees it as a viable alternative to freeway driving, and spoke regarding the city's close proximity to Los Angeles County. (10) January 16, 2001 - Council/Agency Minutes - Page 10 A motion was made by Bauer second Garofalo to 1. Approve use of the City Council Chambers on March 15, 2001 by the West Orange County Cities Association to offer a Rail Symposium to all Orange County Cities; and 2. Authorize staff time to assist in organizing and carrying out this event. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Approved Position on Legislation Pending Before the State Legislature as Recommended by the City Council Intergovernmental Relations Committee -- Assembly Bill 15 (Tom Harman) — Storm Water Discharge (120.70) The City Council considered a communication from Councilmember Ralph Bauer, Acting Chairman of the Intergovernmental Relations Committee submitting the Intergovernmental Relations Committee recommendation of support for Assembly Bill 15 authored by Assemblyman Tom Harman. A motion was made by Bauer second Garofalo to approve the City Council Intergovernmental Relations Committee's recommendation that the City Council take a position in support of Assembly Bill 15 (Harman), "Storm Water Discharge" — which would provide funding for capital costs related to diverting storm water runoff through the sewage treatment facility during dry weather months. The motion carried by the following roll calf vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Approve Reappointment of Robert Eberle to the Planning Department's Design Review Board (110.20) The City Council considered a communication from the Planning Director submitting the proposed appointment of Robert Eberle to the Design Review Board for a four year term to expire December 31, 2004. A motion was made by Green, second Garofalo to appoint Robert Eberle to a second full term on the Design Review Board which will expire on December 31, 2004_ The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Approved Recommendation of Mayor Pro Tern Debbie Cook and Councilmember Shirley Dettloff to Form an Environmental Board Subcommittee for a Restoration Study of the Shipley Nature Center at Huntington Central Park (120.25) The City Council considered a communication received from Environmental Board Council Liaisons Mayor Pro Tem Debbie Cook and Councilmember Shirley Dettloff transmitting that the Environmental Board has become concerned with the future of the Shipley Nature Center and is (11) January 16, 2001 - Council/Agency Minutes - Page 11 requesting that City Council support the formation of an Environmental Board Subcommittee. The purpose of the Subcommittee would be to work on plans to restore the Center to its full potential. The Shipley Nature Center was envisioned to be an educational area of Central Park where different habitat areas of coastal California would be recognized. However, over the years, due to budget constraints, the city has not always had the ability to maintain the site as well as it should have been. We had also planned on an extensive wetland restoration project, but due to changes in the mitigation requirements for the Waterfront project, those restoration monies are no longer available. Councilmember Dettloff informed Council that the Shipley Nature Center is currently being maintained by one employee, City Ranger Dave Winkler. Councilmember Dettloff also spoke regarding potential funding including Proposition 12 funds and a $10,000 grant from Fish and Wildlife for replacement of diseased trees. A suggestion was made to add to the following recommended action the appointment of Connie Mandic to the Planning Commission to the subcommittee_ A motion was made by Dettloff, second Bauer to 1. Approve the formation of a Shipley Nature Center Environmental Board Subcommittee; and 2. Direct staff to provide support as required to implement the proposed scope of work; and 3. Direct the subcommittee to present the results of their review to City Council for approval; and 4. Approve the members of the subcommittee as listed below (as amended to add a Planning Commissioner member to be appointed by the Environmental Board Subcommittee): Frank Capone -- Chair of the Environmental Board Jean Nagy — Member of the Environmental Board John Scandura — Member of the Environmental Board Dave Winkler — Naturalist/Shipley Nature Center Don Thomas — Volunteer, Friends of Harbors, Beaches & Parks Victor Leipzig — Former Mayor and Biologist City Council Liaisons to the Environmental Board — Shirley Dettloff, Debbie Cook Staff members as required. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Administrator's Report) -- Oral Report by Assistant City Administrator Re: Emergency Stage Alerts 1-II1 Issued to the City by the AES Power Plant (formerly Southern California Edison) (1040.20) Assistant City Administrator William Workman delivered an oral report regarding Stage Alerts I through III issued by the AES power facility to the city and how the city is coping. Mr. Workman identified the Civic Center, Police Department and the Central Library buildings to be on "interruptible contracts" which are be subject to 15-minute warnings to shutdown in an emergency. Assistant City Administrator Workman reported on the city's conservation efforts and 18-point plan to reduce costs and meet conservation needs. He informed Council that other ideas are going to be presented to Council- City Administrator Ray Silver reported a further update on the AES Power Plant and their plans to activate units 3 and 4. (12) January 16, 2001 - Council/Agency Minutes - Page 12 (City Council) Reviewed and Accepted City Treasurer's November 2000 Investment Summary Report (310.20) The City Council received a communication from the City Treasurer transmitting the Monthly Investment Report for November 2000. City Treasurer Shari Freidenrich presented a PowerPoint slide report that had been announced earlier by the City Clerk dated January 16, 2001 and titled Treasurer's Report. A motion was made by Green, second Dettloff to review and accept the monthly report. Following review of the report, by motion of Council, accepted the Monthly Investment Report Summary of Investment Portfolio for November 2000, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: Green, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (Boardman out of room) (City Council) Announcement Made by Councilmember Bauer of Coming Agenda Item Re: Proposed Public Artwork for City's Past and Present Olympians (130.55) Councilmember Bauer distributed material regarding a proposed public artwork for the city's past and present Olympians. He stated this issue would come back as a Council item. Councilmember Bauer stated that the artwork may potentially be offered free of charge if the city can make shipping provisions from Atlanta, Georgia. (City Council) Opened Public Hearing and Continued Open to Tuesday, February 20, 2001 to Consider Appeal Filed by Councilmember Ralph Bauer of the Planning Commission's Approval of Entitlement Plan Amendment No. 00-121Coastal Development Permit No. 00-22 - Pierside Pavilion Surfer's Hall of Fame, 300 Pacific Coast Highway (We Comer of Main Street and PCH) (420.40) Mayor Julien Houchen announced that this was the time scheduled for a public hearing to consider: Applicant: Bob Thornton, 250 Newport Center Drive, Suite M100, Newport Beach, CA Appellant: Ralph Bauer, Huntington Beach City Councilmember Request: Appeal of the Planning Commission's approval to permit the removal of the existing water feature/fountain and construction of a Surfer's Hall of Fame on the open plaza area at the northeast corner of Main Street and Pacific Coast Highway. The Surfer's Hall of Fame consists of concrete castings of surf heroes' foot and hand impressions and a central monument within the plaza, etc. Location: 300 Pacific Coast Highway (Pierside Pavilion) Environmental Status: Notice is hereby given that item Coastal Development Permit No. 00- 22 is categorically exempt from the provisions of the California Environmental Quality Act. (13) January 16, 2001 - Council/Agency Minutes - Page 13 Coastal Status: Notice is hereby given that this item is located in the non -appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 00-22, filed on September 1, 2000, in conjunction with the above project. The Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion and action. This item is not appealable to the California Coastal Commission. Communication received from applicant, Mr. Bob Thornton dated January 9, 2001 requesting continuance to February 20, 2001 (ATTACHMENT NO. 2). Communication received from Huntington Surf and Sport dated January 8, 2001 requesting postponement (ATTACHMENT NO. 2). Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. The City Council concurred with the request for continuance made on the two aforementioned communications distributed with the agenda packet as Attachment No. 2. A motion was made by Bauer, second Green to open public hearing on Entitlement Plan Amendment No. 00-12 and Coastal Development Permit No. 00-22 and continue hearing open to February 20, 2001. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None Consent Calendar — Items Removed for Separate Discussion The following items were removed from the Consent Calendar for separate discussion: (City Council) Naming the Clock Tower in the Main Street Promenade Parking Structure in Honor of Daryl D. Smith, Retired Public Works Department Employee (275.20) (City Council) Amendment No. 2 to Agreement Between Psomas & Associates, Inc. (Gary Dysart, P.E.) for Professional Services to Provide Support Services for the Infrastructure Planning Committee (IPC) and the Integrated Infrastructure Management Program (IIMP) — Appropriation of Funds (600.10) (City Council) Professional Services Contract with Tom Brohard and Associates for Interim Transportation Engineering Services — Conditioned on Approval by Settlement Committee of Insurance Modifications and Approval as to Form by City Attorney (600.10) (City Council) Purchase of Change Machine for 5tn Street and Appropriate Funds for Installation at Downtown Police Substation (320,45) Consent Calendar — Items Approved On motion by Dettloff, second Boardman, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Boardman, Cook, Julien Houchen,.Garofalo, Dettloff, Bauer (Green - ABSTAIN - December 18, 2000 minutes due to absence) NOES: None ABSENT: None (14) January 16, 2001 - Council/Agency Minutes - Page 14 (City Council/Redevelopment Agency) Minutes — Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of December 18, 2000 and regular meetings of January 2, 2001 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (City Council) Received Announcements Made by Mayor Pro Tern Debbie Cook and Councilmember Connie Boardman of the Appointments of Joe Foye and Paul Arms to the Investment Advisory Board (110.10) —Received the announcements made by Mayor Pro Tern Cook and Councilmember Boardman of their appointments of Joe Foye and Paul Arms to the Investment Advisory Board. Submitted by Mayor Pro Tern Cook and Councilmember Boardman. (Said appointments were announced at the December 18, 2000 meeting, however were not reflected on the posted agenda for that meeting. To meet posting requirements, reaffirmation of the announcements is presented on this agenda.) (City Council) Adopted Competitive Services Model and Managed Competition Guidelines (100.10) —Adopted the Competitive Services Model & Managed Competition Guidelines dated July 2000, as recommended by the Managed Competition Committee. Submitted by the Acting Administrative Services Director. Funding Source: Not Applicable. (City Council) Accepted Low Bid from Buso Constructors, Inc. for the Intrepid Lane Storm Drain Project, CC-1139 (600.10) — 1. Approved the lowest responsive/responsible bid submitted by Buso Constructors, Inc. for the Intrepid Lane Storm Project, CC-1139; and 2. Authorized the Mayor and City Clerk to execute the Construction Contract in the amount of $133,626; and 3. Authorized the Finance Director to appropriate $36,761 from the General Fund balance to the Intrepid Lane Storm Drain Account; and 4. Authorized the Director of Public Works to expend a total of $153,711 to cover the contract amount of $133,626, estimated construction contingency of $13,366, and supplemental expenditure of $6,683. Submitted by the Public Works Director. Funding Source: $116,950 is budgeted from the General Fund to the Capital Projects Fund Account, Intrepid Storm Drain. $50,981 is available from the Unappropriated, Undesignated, General Fund Balance. (City Council) Approved Appropriation of Funds for Replacement Street Tree Planting (320.45) — Appropriated $35,000 to fund the purchase of replacement trees when the cost of those trees has been reimbursed by residents. Submitted by the Public Works Director. Funding Source. Unappropriated General Fund Balance into Tree Maintenance Account. (City Council) Received Appointment by Councilmember Connie Boardman of Robin Caceres-Dujanovic to the Fourth of July Board (110.20) —Received the appointment by Councilmember Boardman of Robin Caceres-Dujanovic to the Fourth of July Board for a four year term commencing January 1, 2001 per HBMC §2.34 for a term to coincide with the term of elected official. Submitted by Councilmember Boardman. (City Council) Approved Agreement with Quint & Thimmig — Bond Counsel for Future Tax Revenue Anticipation Notes — (TRANS) (600,10) — Approved the Agreement Between the City of Huntington Beach and Quint & Thimmig, a Limited Liability Partnership, For Legal Services for Bond Counsel for Future Tax Revenue Anticipation Notes and authorize the Mayor to sign and the City Clerk to attest said agreement. Submitted by the City Attorney. Funding Source: Bond counsel costs are paid as a cost of issuance of the bonds, $7,500 per bond issue from the General Fund, Non -Departmental Account. (15) January 16, 2001 - Council/Agency Minutes - Page 15 (City Council) Rejected All Bids and Authorized Readvertisement of Bid for the Huntington Harbour Sewer Lining Project, CC-1161 (600.60) — 1. Rejected all bids for the Huntington Harbour Sewer Lining Project, CC-1161 and direct the City Clerk to return all bid bonds; and 2. Authorized the Director of Public Works to readvertise the Huntington Harbour Sewer Lining Project, CCA 161 forbids. Submitted by the Director of Public Works. Funding Source; Co -funded through an Environmental Protection Agency (EPA) grant and an Orange County Sanitation District (OCSD) grant. Matching grants in the amount of $950,200 will be received for a total project budget of $1,900,400. Project budgeted in EPA/OCSD Grant, Huntington Harbour Slipline Account. (City Council) Approved Amendment No. 1 to Cooperative Agreement No. 9915 between the Orange County Sanitation District and the City for the Downtown Sewer Rehabilitation Projects (600.25) — Approved and authorized the Mayor and City Clerk to execute Amendment No_ 1 to Cooperative Projects Program Contract No. 9915 between the Orange County Sanitation District and the City providing for a time extension until April 30, 2001 for the Downtown Sewer Project. Submitted by the Director of Public Works. Funding Source: No funding source required. (City Council) Received and Filed First Annual (10 Month) Side -By -Side Street Sweeping Report (800.10) — Received and filed the Side -by -Side Street Sweeping Report. Submitted by the Acting Administrative Services Director. Funding Source: Not Applicable. (A side -by -side comparison of the city's street sweeping operation with a private contractor. The side -by -side comparison called for the city and the contractor to share street sweeping duties with alternating street sweeping routes begun in January 2000. Report covers ,January 2000 through October 2000.) (See following Agenda Item below.) (City Council) Received and Filed Report on Street Sweeping Parking Citation Enforcement Program —January Through October 2000) (800.10) —Received and filed the Street Sweeping Parking Citations Enforcement Program Report, Submitted by the Acting Administrative Services Director. (This report deals specifically with parking citations relating to the city's return to a twice -a -month street sweeping program.) (See Agenda Item above.) (City Council) Awarded Contract to Weeger Bros., Inc. for the Construction of the Beach Maintenance Facility; CC-812 (efo of Newland Street, at the end of Edison Way) (600.10) 1. Accepted the lowest bid submitted by Weeger Bros., Inc. for the construction of the Beach Maintenance Facility and determined that the bid is responsible/responsive; and 2. Approved and authorized the Mayor and the City Clerk to execute the construction contract between the City of Huntington Beach and Weeger Bros., Inc. in the amount of $2,329,000 for the construction of the Beach Maintenance Facility; and 3. Authorized the Director of Public Works to expend up to $3,100,000, which includes the contract cost of $2,329,000, estimated contingency of $232,900, construction management fees of $404,005 and $134,095 in undesignated supplemental expenditures. Submitted by the Director of Community Services and the Director of Public Works. Funding Source: City of Huntington Beach Certificates of Participation (COPs), supported by parking revenue and developer advance. (City Council) Approved Naming the Clock Tower in the Main Street Promenade Parking Structure in Honor of Daryl D. Smith, Retired Public Works Department Employee — Directed Staff to Draw Up Policy for Naming Structures in Honor of City Retirees (275.20) The City Council considered a communication from the Community Services Department requesting approval for the naming of the Main Promenade Parking Structure clock tower in (16) January 16, 2001 - Council/Agency Minutes - Page 16 honor of Daryl D. Smith, who retired in December 2000 after 41 years of city service. Mr. Smith was intricately involved in the Downtown Master Plan. He spearheaded the movement to include a clock tower in the Main Promenade Parking Structure. The building has received much acclaim for its architectural design and the way it integrates a public parking structure with public businesses, Councilmember Boardman requested that this item be removed from the Consent Calendar for separate discussion to ascertain the appropriateness of the recommended action. Councilmember Boardman stated that she wanted assurance that Mr. Smith would not have preferred the dedication of a tree grove in a park in honor of his service as the Superintendent of Parks, Trees, and Landscape, Several Councilmembers affirmed that the recommended action is what would please Mr. Smith the most. Mayor Pro Tern Cook initiated discussion regarding the costs involved and if there is a city policy for naming structures and projects in honor of retirees Community Services Director Hagan clarified the portion of the staff report relative to costs involved installation and materials. Community Services Director Hagan referred to other instances when employees with 30 or more years of public service have been granted a similar honor, such as the naming of Life Guard Tower Zero at Municipal Pier after Melvin "Max" Bowman. City Administrator Silver informed Council that staff will draw up a city policy with regard to this matter. A motion was made by Dettloff, second Green to: 1. Approve naming the Main Promenade Parking Structure clock tower in honor of Daryl D. Smith, and authorize staff to expend up to $3,000 for the purchase and installation of identification per the attached diagram; and 2. Approve as amended, to direct staff to draw up policy for naming structures in honor of city retirees. The motion carried by the following roll call vote: AYES: Green, Boardman, Julien Houchen, Garofalo, Dettloff, Bauer NOES: Cook ABSENT: None (City Council) Approved Amendment No. 2 to Agreement Between Psomas & Associates, Inc. (Gary Dysart, P.E.) for Professional Services to Provide Support Services for the Infrastructure Planning Committee (IPC) and the Integrated Infrastructure Management Program (IIMP)—Authorize Appropriation of Funds (600,10) The City Council considered a communication from the Public Works Department informing Council that Psomas and Associates, Inc. continues to provide support services for the Infrastructure Planning Committee (IPC) and the Integrated Infrastructure Management Program (11MP). The Public Works Department requests that the required amendment to the current contract and additional funding be approved to provide services related to support services for the IPC and the ]IMP. Mayor Pro Tern Cook requested that this item be removed from the Consent Calendar for separate discussion to learn why qualified city staff cannot be recruited to perform the (17) January 16, 2001 - Council/Agency Minutes - Page 17 responsibilities outlined in the proposal. Mayor Pro Tern Cook questioned the primarily clerical duties as they relate to the high salary proposed. City Administrator Silver responded that besides the staffing problems that Public Works Director Beardsley pointed out, ideally the person for this position should be one who has an in-depth understanding and knowledge of the complex and difficult issues relating to the infrastructure. Mr. Silver stated that in addition to these attributes, Mr. Gary Dysart of Psomas & Associates, Inc. possesses interpersonal skills which enable him to effectively communicate this information to the public. A motion was made by Dettloff, second Green to 1. Approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to Agreement Between the City of Huntington Beach and Psomas & Associates, Inc., for Professional Services to Provide Infrastructure Advisory Committee (1AC) Support Services and LIMP Facilitation; and 2. Authorize the Finance Director to appropriate $39,500 from the General Fund balance to the ]IMP Program Account. The motion carried by the following roll call vote: AYES: Green, Julien Houchen, Garofalo, Dettloff, Bauer NOES: Boardman, Cook ABSENT: None (City Council) Approved Professional Services Contract with Tom Brohard and Associates for Interim Transportation Engineering Services — Conditioned on Approval By Settlement Committee of Insurance Modifications and Approval as to Form by City Attorney (600.10) The City Council considered a communication from the Public Works Department requesting approval to continue a contract with Tom Brohard, who has been providing a variety of traffic engineering and management services since February 1998. Councilmember Boardman requested that this item be removed from the Consent Calendar to discuss the scope of services provided by Tom Brohard & Associates, and if the city has the option of a one year contract instead of two. In response to Councilmember Boardman's first question, a determination was made by staff that Brohard & Associates has been accomplishing the tasks of at least 1.5 employees. City Administrator Silver amplified the staff report regarding the city's unsuccessful recruitment attempts in answer to Councilmember Boardman's second question. The following Late Communication announced by the City Clerk earlier in the meeting refer to this item: Application for Insurance Requirements Waiver or Modification (Attachment No. 2) submitted by the Department of Public Works to the City Clerk's Office on January 16, 2001. (18) January 16, 2001 - Council/Agency Minutes - Page 18 A motion was made by Dettloff, second Green to approve and authorize the Mayor and City Clerk to execute The Professional Services Contract Between the City of Huntington Beach and Tom Brohard and Associates for Interim Transportation Manager and Related Services upon approval of insurance modifications by the Settlement Committee, and approval as to form by the City Attorney. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Continued to a Date Uncertain for a Report Back to Council the Feasibility of a Contract with Downtown Business Owners to Provide Change for Customers — Motion Failed on the Installation of Change Machine for Parking at Downtown Police Substation, 5th and Walnut Streets (320.45) The City Council considered a communication from the Community Services Department and the Police Department requesting approval of the purchase of a new change machine for installation at the Police Substation at the corner of 51h and Walnut Streets in downtown Huntington Beach, The appropriation request is in the amount of $11,000 from the General Fund_ Mayor Pro Tern Cook requested that this item be removed from the Consent Calendar to suggest the alternative that a method be developed wherin shopkeepers could receive a small compensation to provide services. City Administrator Silver stated that there would be a challenge to Councilmember Cook's proposal from the downtown business owners. City Administrator Silver referred to the Late Communication announced earlier by the City Clerk as a case in point. The communication is dated January 16, 2001 from Philomene P. Gallegos, owner of the Shed Restaurant, transmitting her support for the installation of a change machine on 51h and Walnut Streets. The communication is titled Agenda Item # E-15, City Council Meeting 1-16-2001. Furthermore, Community Services Director Hagan informed Council that the proprietors of the Shed Restaurant are agreeable to accommodating customers, and have requested a revision to the staff recommendation in a communication dated January 12, 2001 and titled Change Machine for Fifth Street— Item E-15. Said communication was announced earlier by the City Clerk as a Fate Communication and requests installation of the change machine on the exterior wall of the Shed Restaurant. Councilmember Garofalo cautioned that a change machine is even more subject to vandalism and theft than to weather conditions and spoke regarding security measures which would need to be taken as it would be on an unsecured freestanding pole. As a result, motion failed to install the change machine at the Police Substation at 51h and Walnut Streets. (19) January 16, 2001 - Council/Agency Minutes - Page 19 A motion was made by Bauer, second Garofalo to direct staff to contact business owners to determine if the city can contract with them to provide change and to report back to Council. The motion carried by the following roll call vote: AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (Green out of room) Annual Meeting between City Council/Redevelopment Agency and Huntington Beach Public Financing Authority (125.35) Roll Call of the Huntington Beach Public Financing Authority Directors Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer Absent: None (Green out of room) Election of Officers A motion was made by Bauer, second Dettloff to elect: 1. Pam Julien Houchen, Chair of the Huntington Beach Financing Authority; and 2. Debbie Cook, Vice -Chair of the Huntington Beach Financing Authority; and 3. Connie Brockway, Secretary of the Huntington Beach Financing Authority. The motion carried by the following roll call vote: AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (Green out of room) Public Financing Authority Minutes -- Approved A motion was made Dettloff, second Boardman to Approve and adopt minutes of the June 19,2000 and October 2, 2000 meetings of the Huntington Beach Public Financing Authority as written and on file in the Office of the Secretary. Submitted by the Secretary. The motion carried by the following roll call vote_ AYES: Boardman, Cook, Julien Houchen, Dettloff, Bauer (Garofalo — abstained due to absence) NOES: None ABSENT: None (Green out of room) Adjournment Chair Julien Houchen adjourned the annual meeting of the Huntington Beach Public Financing Authority. (City Council) Approved the Schedule for the Southeast Coastal Area Redevelopment Plan Adoption Process (Encompassing Magnolia and Newland Streets and Pacific Coast Highway and Excluding Huntington By -the -Sea Mobilehome Park (410.05) The City Council considered a communication received from the Economic Development Department transmitting that the Southeast Area Committee has recommended that the City (20) January 16, 2001 - Council/Agency Minutes - Page 20 Council consider approving the Schedule for the Southeast Coast Redevelopment Plan Adoption Process. Approving the schedule will provide a timetable for accomplishing the Redevelopment Plan adoption. Economic Development Director David C. Biggs presented a PowerPoint slide report dated January 16, 2001 and titled Southeast Coastal Area — Redevelopment Plan Adoption Schedule. The slide presentation was announced as a Late Communication earlier by the City Clerk_ Mayor Pro Tern Cook stated that more information is needed prior to implementing the schedule, including more public input_ Councilmember Boardman expressed doubt as to the viability of this proposal and requested a meeting between the community and Council. City Administrator Silver provided rationale for the schedule, stating that the staff is a conduit between the Council and the community. Mayor Pro Tem Cook requested further discussion to delve into the Redevelopment Agency debt service. City Administrator Silver stated that informal discussions are planned for May 2001 or sooner_ Councilmember Green concurred with the recommended action, stating that it is his understanding that if redevelopment is not the best funding tool, then alternatives can be presented. Mayor Julien Houchen stated that the proposal is only a template to see if the city is on track and that is the reason for her appointment of Boardman, Cook and Bauer to the committee. A motion was made by Bauer, second Dettloff to approve the Schedule for the Southeast Coastal Area Redevelopment Plan Adoption Process (ATTACHMENT NO. 1). The motion carried by the following roll call vote: AYES: Green, Julien Houchen, Garofalo, Dettloff, Bauer NOES: Boardman, Cook ABSENT: None (City Council) Adopted Resolution No. 2001-1 Applying for a Joint Task Force Six Authority (JTF6) Federal Grant for the Construction of a Law Enforcement Training Center/Gun Range Facility (340.70) The City Council considered a communication received from the Police Chief and the Community Services Director informing Council that there is an opportunity for the city to apply for a federal grant to pay for the development of a law enforcement training center in Huntington Beach. The federal government, through funds allocated for the War on Drugs, has established a grant program entitled "Joint Task Force Six Authority" (JTF6) to help agencies build facilities for training and coordinating the efforts of federal and local law enforcement personnel. Staff has explored two possible sites for the facility. The first is the former Randall Lumber Yard site on Gothard Street (ATTACHMENT NO. 2). The second site being considered is the former Orange County Transfer Station site located on Gothard Street (ATTACHMENT NO. 3). (21) January 16, 2001 - Council/Agency Minutes - Page 21 A PowerPoint slide presentation titled Huntington Beach Law Enforcement Training Center— JTF6 Support Grant Proposal included in the agenda packet was presented by Community Services Director Hagan. Community Services Director Hagan informed Council that the grant is not site specific, and affirmed Councilmember Dettloff's inquiry that the city can decline the grant later if a site cannot be obtained_ He stated that the city may also apply for an extension. Councilmember Green asked Police Chief Lowenberg the feasibility of a training facility, to which the Police Chief stated that one is very much needed. Sargeant R. K. Miller, Training Manager for the Huntington Beach Police Department was requested to comment in the area of a gun range facility. Sargeant Miller stated that a facility in the community would be a real asset; that the present one used is located in the city of Fountain Valley_ The issue of parking was raised up by Councilmember Dettloff, to which Community Services Director Hagan addressed as a planning issue, as code would be required for onsite parking. Discussion was held regarding the Randall site, which Councilmember Bauer stated is not viable, as the property owner would not be willing to sell. A motion was made by Garofalo, second Green to Adopt Resolution No. 2001-1 — "A Resolution of the City Council of the City of Huntington Beach for the Approval to Submit a Grant Request for the Construction of a Full -Service, Multi -Agency Law -Enforcement Training Facility in Huntington Beach" and authorize staff to submit a grant request for support to Joint Task Force Six for the construction of a law enforcement training center in Huntington Beach. The motion carried by the following roil call vote: AYES: Green, Boardman, Julien Houchen, Garofalo, Dettloff NOES. None ABSENT: None (Cook, Bauer out of room) (City Council) Reviewed and Accepted Main Promenade Parking Structure (Between Olive and Walnut Avenues and Main and First Streets) Financial Report and Directed City Attorney to Prepare a Resolution to Modify Employee Validation Fee Schedule for Oceanview Promenade (Abdelmuti Development Company) (nfw Corner of Main Street and Pacific Coast Highway) (275.10) The City Council considered a communication received from the Assistant City Administrator requesting Council to accept the Main Promenade Parking Structure Financial Report and modify the employee validation fee schedule for Oceanview Promenade. Fees and charges represent major revenue to offset the operational and capital costs for the Main Promenade Parking Structure. Potential reduction in revenue of $3,400 annually. Assistant City Administrator delivered an oral report. Real Estate Division Manager Matthew Lamb presented a PowerPoint slide report that had been announced earlier by the City Clerk as a Late Communication. The presentation was (22) January 16, 2001 - Council/Agency Minutes - Page 22 prepared by the Real Estate Division of the Administrative Services Department titled Main Promenade Parking Structure Financial Presentation. Staff informed Council that the Ocean View Promenade (Abdelmuti Company) does not have dedicated parking for employees. Councilmember Bauer expressed his opposition to the proposal, stating that it is a "planned deficit." He suggested that the objective should be to make the Main Promenade Parking Structure self-sufficient. A motion was made by Councilmember Bauer to postpone the item and for staff to return to Council with options. The motion died for a lack of a second_ Mayor Pro Tern Cook stated this item is a case in point of Redevelopment Agency legacy; but that she will support the recommended action because Abdelmuti's parking shortfall had not been factored in as an issue to be brought before the Downtown Merchants' Association. Mayor Julien Houchen stated that the proposed recommendation is intended to "level the playing field" because Abdelmuti is one of three of the largest employers downtown (Pierside Pavilion and Plaza Almeria are the other two). A motion was made by Garofalo, second Julien Houchen to: 1. Review and accept the Financial Report on the Main Promenade Parking Structure; and 2. Direct staff to submit the next Financial Report as amended, in June 2001 instead of at the conclusion of a full year of revenue capture and prepare any recommendations to modify the Main Promenade Parking Structure business plan if there is still an operating deficit; and 3. Direct the City Attorney to prepare a Resolution to amend Resolution No. 2000-53, to modify the Community Services Fee Schedule to allow Oceanview Promenade to participate in the Employee Validation Stamp Program at a rate of 50 cents per day per stamp, The motion carried by the following roll calf vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, NOES: Dettloff, Bauer ABSENT: None (City Council) Requested Staff to Prepare for the February 20, 2001 Council Meeting a Proposal to Set Up a Sewer Fee To Support Rehabilitation, Replacement, Maintenance, and Operation of the Huntington Beach Sewer System and to Address Former Councilmember Sullivan's Concerns and Councilmember Boardman's Queries on the Water Fund (340.20) The City Council considered a communication from Councilmember Ralph Bauer submitting the following Statement of Issue: According to the Infrastructure Improvement Management Plan (I IMP) of September 2000, the financial needs of the Huntington Beach sewer system for the next 20 years are as follows: Rehabilitation and Replacement $ 92.6 million Maintenance and Operations $ 27.9 million Total Needs: $120.5 million Of this, $38.6 million has been identified as "immediate needs." (23) January 16, 2001 - Council/Agency Minutes - Page 23 Public Works Director Robert F. Beardsley referred to a matrix dated December 28, 2000 and titled Attachment B — Preliminary Schedule of Tasks to Enact Monthly Sewer Charge that had been announced earlier by the City Clerk as a Late Communication_ A motion was made by Bauer, second Dettloff to direct staff return to the Council at the February 20, 2001 meeting with a proposal that sets up a sewer fee to pay for the above needs. The total needs amount may be reduced by various grants, reimbursement districts, etc., thus reducing the fees to be charged. The fee for individual users can be based on water usage. In addition, former Councilmember Sullivan's questions on this item submitted during public comments and Councilmember Boardman's questions on the water fund are to be answered at the February 20, 2001 meeting. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Approved Councilmember Bauer's Recommendation to Establish a Developer Fee Schedule to Support Parks and Playgrounds and Directed Staff to Schedule Legally Required Public Hearing (340.20) The City Council considered a communication from Councilmember Ralph Bauer submitting the following Statement of Issue: According to the Infrastructure Improvement Management Plan (IIMP) of September 2000, the financial needs of the Huntington Beach park and playground system for the next 20 years are as follows: New Construction $ 55.5 million Rehabilitation and Replacement $ 5.8 million Maintenance and Operations $ 51.4 million Total Needs: $112.7 million A recent study established the nexus between builder fees and land costs as allowed by the Quimby Act. At the present time, only 60% of the allowable fee is being charged. Councilmember Garofalo affirmed that this item requires a public hearing. A motion was made by Bauer, second Dettloff to adopt a developer fee schedule that implements 100% of that allowed by the nexus study. The city in its recent history (at least 35 years) has never fully implemented a developer fee based on land value. This fee, if enacted, plus other grants like those from Proposition 12 should go a long way towards addressing the $112.7 million need. Current residents, many of whom are long term homeowners, have helped develop an outstanding park system. New residents should step up and pay their fair share. Staff was directed to schedule a legally required public hearing. The motion carried by the following roll call vote: AYES: Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: Green ABSENT: None (24) January 16, 2001 - Council/Agency Minutes - Page 24 (City Council) Approved Proposals Submitted by Mayor Pro Tern Debbie Cook and Councilmember Shirley Dettloff for a Joint Bolsa ChicalEnvironmental Board Meeting to Recommend to Council a City Position on the Restoration Plan for the Bolsa Chica Wetlands — Study Feasibility of a Wintersburg Channel Re-routing (700.10) The City Council considered a communication from Mayor Pro Tern Debbie Cook and Councilmember Shirley Dettloff submitting the following Statement of Issue: As liaisons to the Huntington Beach Environmental Board, we would like to request that the Bolsa Chica City Council Committee (City Council Members Dettloff (who requested to step down for Joint Committee only, and was replaced by Bauer for said Joint Committee - see below), Green, and Boardman) meet with members of the Environmental Board to formulate a City position on the Restoration Plan for the Bolsa Chica Wetlands. The meeting(s) should include presentations and the opportunity for public input. The Environmental Board has prepared a response to the EIR and would like to assist the City Council in formulating an official City position. Mayor Pro Tern Cook and Councilmember Dettloff presented oral reports. Discussion was held regarding the wording of the recommended action to reflect that the proposed joint committee is to recommend to Council, and not formulate a city position as indicated in the amendment to the main motion below, Councilmember Dettloff stepped down from joint meeting as she is the Coastal Commissioner and concurred with Mayor Julien Houchen's naming of Councilmember Bauer as her replacement. Councilmember Boardman requested input from the Joint Committee regarding the possibility of a Wintersburg Channel re-routing. Councilmember Garofalo suggested that Council and the Environmental Board meet jointly, at a study session to recommend to Council a city position on the proposed restoration plan. A motion was made by Dettloff, second Garofalo to approve, as amended, the recommendation for a joint meeting(s) of the Bolsa Chica City Council Committee and the Environmental Board to meet with members of the Environmental Board to recommend to the City Council a city position on the Restoration Plan for the Bolsa Chica Wetlands to include presentations and opportunity for public input. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Convene within 30 Days City Beautification and Landscaping City Council Committee (Mayor Pro Tern Cook and Councilmembers Bauer and Garofalo) to Ensure Monthly Meetings of Committee - Directed Staff to Develop a Tree Master Plan in Conjunction with City Council Committee and Present a Draft Report to Council by August 2001 (440.30) The City Council considered a communication from Mayor Julien Houchen submitting the following Statement of Issue; Recently the city was informed that 22 of our mature Eucalyptus (25) January 16, 2001 - Council/Agency Minutes - Page 25 trees were diseased and had to be removed. Many of these were on Main Street. As these trees were removed, they were replaced by various trees, including Palms Trees_ At the recent League of Cities Institute for Mayors and City Council Members held this week, I spoke with John Gelff, San Juan Capistrano City Council Member, regarding their city's approach to tree planning and preservation. He explained to me that they have developed a Tree Master Plan. This document specifies the types and sizes of trees which should be planted throughout the community according to space and size limitations, whether the tree is to be planted in the ground or in a container, etc_, thus ensuring a wide variety of trees. Mayor Pro Tern Cook and Councilmembers Bauer and Garofalo were identified as the Council Tree Committee members. Councilmember Bauer requested staff to hold regularly scheduled meetings on beautification and landscaping. A motion was made by Julien Houchen, second Bauer to 1. Direct staff to develop a Tree Master Plan in conjunction with the guidance of the City Beautification & Landscaping City Council Committee; and 2. Present a draft report to City Council for review and further direction by August 2001. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Approved Formation of an Ad Hoc Council Committee (Mayor Julien Houchen, Mayor Pro Tern Cook and Councilmember Garofalo) to Review and Develop a Policy Regarding the Use of the City Jail to Return to Council May 2001 (100.10) The City Council considered a communication from Mayor Julien Houchen submitting the following Statement of Issue: Recently, it has come to my attention that our city jail provides certain facilities and services that may present specific safety hazards. For example, currently, we contract with other jurisdictions within the county for housing of prisoners, including Westminster, Garden Grove, Fountain Valley, Cypress, Seal Beach, and Irvine. These people are then released into the community and expected to find their way home. Additionally, our DNA Lab provides testing for registered sex offenders that have been convicted of sexual crimes and are either on probation or parole. Again, this service is provided to various Orange County agencies. Both of these activities encourage less than desirable people to "visit" our community and may pose additional risks given our close proximity to Huntington High School. In an effort to provide further review of these existing practices and others, I am recommending that a Council Committee be formed to develop a jail facility use policy. Discussion was held in which Police Chief Lowenberg updated Council on activities centering on issues relative to the jail facility. Mayor Julien Houchen stressed that her concerns involved policy issues, and appointed Mayor Pro Tem Cook, Councilmember Garofalo and herself to form an ad hoc Council committee. (26) January 16, 2001 - Council/Agency Minutes - Page 26 A motion was made by Bauer, second Green to 1. Appoint an ad hoc City Council Committee to review and develop a policy regarding our jail and its facilities. (Appointed Mayor Julien Houchen, Mayor Pro Tern Cook and Councilmember Garofalo, Cook); and 2, Present the results of this review to City Council by May 2001. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None 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 11:45 p.m. to Monday, February 5, 2001, at 5:00 p.rn_, in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California_ 4 City Clerk and ex-officio Cler f the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: City Clerk -Clerk yor-Chairman