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HomeMy WebLinkAbout2001-04-16Minutes City Council/Redevelopment Agency City of Huntington Beach 5:00 P.M. - Room B-8 7:00 P.M. - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, April 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, Boardman, Cook, Julien Houchen, Dettloff (Bauer arrived 5:07 p.m.) Absent: Garofalo Public Comments Regarding Study Session and Closed Session Agenda Items Russell Reinhart, President, HBPOA (Huntington Beach Police Officers Association) Representative furnished the status of labor negotiations. He objected to the mediation procedure which has caused misunderstandings. Mr. Reinhart advised Council of the good progress made in the discussions with Assistant City Administrator William Workman. Chuck Scheid lodged a complaint against the agenda item on the Howard Jarvis lawsuit, stating that it would not be binding on future Councils. He recommended that Council rescind the Utility Tax, should the city appeal the Howard Jarvis Tax case. Mr. Scheid urged Council not to appeal the lawsuit. (City Council) Study Session — Accepted Update of JD Edwards Software Implementation Effort for the B.E.A.C.H. (Business Enterprise Application City of Huntington Beach) Project: Presentation on the Beta Test Site and Utiligy Customer Information and Billing License and Maintenance Software Programs (310.10) The City Council considered a communication distributed at the study session from Fire Chief/ Information Systems Director Michael Dolder and City Treasurer Shari Freidenrich. The communication is a PowerPoint slide presentation dated April 16, 2001 and titled Customer Information and Billing Software. The JD Edwards Status Report portion of the slide report was also presented. Councilmember Boardman expressed her concern with the perception that there is a high employee frustration level with the JD Edwards Program as it currently exists. Fire Chief/ Information Systems Director Dolder responded that the proposed Utiligy software program is not a new product; that it is less risky. He stated although there will be "bugs," the city will (2) April 16, 2001 Council/Agency Minutes - Page 2 benefit as the city will have the ability to more aggressively push for a fix due to being a priority customer. Fire Chief/Information Systems Director Dolder reported that while there are some risks with being in the forefront, there is strong commitment from AMX International, Inc. and moreover, the company works in conjunction with JD Edwards OneWorld Business System Software. City Treasurer Freidenrich added in clarification that the city is the only beta site customer of AMX International, Inc. for water utility and that its next beta site customer will be for an electric utility. Fire Chief/Information Systems Director Dolder announced that there is an item on the 7:00 P.M. agenda for Council approval of four agreements with AMX International, Inc. relative to the integration of this program. The second part of the presentation was the JD Edwards program update portion of the Late Communication. Fire Chief/Information Systems Director Dolder announced that he, along with City Treasurer Freidenrich, Administrative Services Director Clay Martin, and Public Works Director Robert F. Beardsley, heads the JD Edwards B. E. A. C. H. (Business Enterprise Application for City of Huntington Beach) Project Executive Team to implement the JD Edwards Enterprise Resource Planning Software. Fire Chief/Information Systems Director Dolder emphasized the significant change in the implementation plan, which he announced will save the city 1.2 million dollars. He stated that scheduled for Council approval at the 7:00 p.m. portion of the Council meeting is a proposal to accelerate Phase III of the JD Edwards project, which is the replacement of the utility billing software that had been originally scheduled for October 2001. Fire Chief/Information Systems Director Dolder spoke of the benefits to the city, including: 1. efficiency: electronic signing for a paperless system; 2. security: automated system will not allow by-passing of authorized signers; 3. shift to the individual - empowerment distributed to the user level, and not the Information Systems Division Fire Chief/Information Systems Director Dolder informed Council that the Executive Team took three months longer than projected for a seamless change in the Human Resources payroll system. City Administrator Ray Silver commended the product and process improvement. he noted in the operation. Fire Chief/Information Systems Director Dolder expressed the staffs appreciation for Council support of the project. Motion to Recess to Closed Session — Approved A motion was made by Cook, second Boardman to recess to Closed Session on the following items. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: None ABSENT: Garofalo (3) April 16, 2001 Council/Agency Minutes - Page 3 (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(b)(2)(B) to confer with its city attorney regarding pending litigation. The facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced. Subject: PLC Land Company (Parcel 7A). (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 City of Westminster v. City of Huntington Beach Real Party in Interest: Hebrew Academy School; Court of Appeal, Fourth Appellate District, Division Three, Case No. G027997; Orange County Superior Court Case No. 816932. Subject: City of Westminster v. City of Huntington Beach (Hebrew Academy). (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 Howard Jarvis Taxpayers Assn. et al., v City of Huntington, Beach, et al., Orange County Superior CourtCase No. 81 87 80. (120.80) , Reconvene City Council/Redevelopment Agency Meeting — 7:10 P.M. 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 Kelly Shanley, Public Information Office Invocation — Led by Police Chief Ron Lowenberg City Clerk Announced 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 for the study session dated April 16, 2001 and titled Customer Information and Billing Software. Slide show presentation dated April 16, 2001 from Shari Freidenrich, City Treasurer titled Treasurer's Report. Slide show presentation dated April 16, 2001 from the Public Works Department titled Implementation Work Plan — Recommendations of the Infrastructure Planning Committee. (4) April 16, 2001 Council/Agency Minutes - Page 4 Slide show presentation dated April 16, 2001 from the Administrative Services Department titled "3 % @ 50" Firefighters' Retirement Benefit. Letter written to Governor Gray Davis from William Curtis, President of Choctaw Crude Oil Company re: Land Use at Pacific Coast Highway and Magnolia Street. (City Council) Announcement of Annual Huntington Beach Duck-a-Thon Racing Event at Pier Plaza to be Held May 19 and 20, 2001 (160.10) Duck-a-Thon representative George Gross and "Papa Duck" announced the Annual Huntington Beach Duck-a-Thon races to be held May 19 and 20, 2001 at Pier Plaza and the number to call for details: 714-374-1951. Presentation — To Mayor Pam Julien Houchen from Mr. Gary Stitt, Key Account Manager, Coca Cola Bottling Company, the city's annual check for $300,000 for the corporate partnership. Presentation — By Suzanne Seymour, Southern California Field Representative, National Literacy Volunteers of America (LVA), Accreditation Certificate to Mayor Pam Julien Houchen and Literacy Volunteers of America, Huntington Valley (LVA-HV) Representatives Linda Light Rothenberg, Founder of LVA-HV; Mary DeSloover, President; Susan Theis, Accreditation Chair, Local LVA; Ron Hayden, Library Services Director; and Rose Saylin, Literacy Specialist, Huntington Beach Public Library. LVA-HV is the first Southern California LVA affiliate to achieve accreditation from the National LVA. Presentation — By Mayor Pam Julien Houchen, a Proclamation to Carolyn Minton, President, Assistance League of Huntington Beach celebrating 60 years of service to the community. Presentation — By Mayor Pam Julien Houchen, a Proclamation to Randy Kokal, City Planning Commissioner, proclaiming April 2001 as Colorectal Cancer Awareness Month. Presentation — Mayor Pam Julien Houchen a Proclamation declaring Friday, May 4, 2001 as Peace Officers' Memorial Day in the City of Huntington Beach. Presentation — By Mayor Pam Julien Houchen, a Proclamation declaring April 29, 2001 through May 3, 2001 as Municipal Clerk's Week. City Clerk Connie Brockway accepted the Proclamation on behalf of the Deputy City Clerks and the volunteers who work in her office. Mayor's Award — By Mayor Pam Julien Houchen. to Library Assistant Bernardo Contreras. Mayor Julien Houchen announced that the Children's Need Task Force Council Committee agenda item regarding the Declaration of Policy About Children and Young Adults will be moved up for discussion during this point in the meeting, prior to the Public Comments: (City Council) Adopted the Children's Need Task Force City Council Declaration of Policy about Children and Young Adults (100.10) The City Council considered a communication from Mayor Pam Julien Houchen and Councilmember Shirley Dettloff, Council Liaisons to the Children's Needs Task Force, informing Council of the need to adopt A Declaration of Policy about Children and Young Adults by the Huntington Beach City Council. (5) April 16, 2001 Council/Agency Minutes -Page 5 Councilmember Dettloff presented an oral report, announcing that the City Council collaboratively wrote the declaration. Each Councilmember, in turn read portions of the policy and signed to the document. Shirley Carey introduced other members of the Children's Need Task Force. Ms. Carey announced that she has sample resolutions for businesses to sign to demonstrate their support of children and young adults. A motion was made by Dettloff, second Bauer to adopt the document titled A Declaration of Policy About Children and Young Adults by the Huntington Beach City Council as follows: The citizens of Huntington Beach recognize that our children are our future. They will become the stewards of our communities, nation and the world; therefore, they deserve to be nurtured, protected and educated by a caring and committed citizenry. In all deliberations citizens understand that each young person is unique and born into circumstances influenced by genetics, economic factors, social and cultural differences, family structure and dynamics. In order to meet the needs of young people we must address their social, emotional, cognitive and physical development, thereby nurturing the whole child. Strong families are the most effective means of rearing children who feel secure, loved and supported as they move through the challenges of early childhood, middle school and high school. Supporting families through parent education, parenting resources, after school programs and access to physical and mental health care, will lend support to the family as a whole and in turn lend support to the child. Providing safe and secure neighborhoods, homes and schools in which youth and families can flourish is an important civic responsibility. Building strong neighborhood connections helps people form the kinds of relationships that stablize and strengthen family life and increase respect for others and their property. Encouraging collaboration with schools, outside agencies, police, parents, businesses, citizens and the young people helps create a network that provides support when needed and focuses on prevention as a priority. Promoting strong academic programs within the City of Huntington Beach recognizes that quality schools benefit children and families, as well as the quality of life in the community. By working collaboratively with schools to educate the whole child the City is key to helping each child become the best that they can be! Many opportunities exist for positive interaction between schools and the community, including the use of open space and facilities, the exchange of staff and services and coordination of programs. Pro -active efforts regarding safety including safe walking and bike routes, traffic patterns around schools, bus safety and crossing guards help ensure the safe transit of our youth to and from school. Promoting adequate facilities and modernization in development and redevelopment projects positively impacts young people. Facilitating positive alternative activities for children and young adults demonstrates that prevention is a priority in Huntington Beach. Providing places where young people and young adults can engage in constructive activities, can be safe from violence and from fear of rejection while having fun and learning is essential. (6) April 16, 2001 Council/Agency Minutes - Page 6 Facilitating structured and informal programs, as well as free and pay -based programs, provides outreach to a greater number of children, including at risk youth. Ensuring access to support services, anti -drug and anti -violence education, as well as opportunities to grow and contribute to the community enhances each young person's opportunity for success. The citizens of Huntington Beach recognize the impact of positive role models that demonstrate good character, sportsmanship and citizenship. The citizens expect that all adults entrusted with the care of our children and young adults in schools, child care, neighborhoods, park and recreation activities, libraries, sports programs, businesses and leadership positions will be positive mentors for the children of Huntington Beach. The public good is advanced when young people understand that good character and good citizenship count in all aspects of their young and adult life with their families, in personal relationships, in school, the workplace and in government. Demonstrating that children and youth are an important part of the community clearly establishes that they are valued. Ensuring that young people have an opportunity to participate in community service, by facilitating leadership development, participation in programs and services that impact their life and by recognizing youth for good citizenship and community service the City validates their efforts and establishes goals for others to emulate. Together, the city of Huntington Beach and its citizens proclaim that the needs of children will be included as a priority in all planning and policy decisions that come before the City Council, Planning Commission, and city departments. The City will encourage other agencies, organizations and businesses throughout the city to endorse and model the traits of good character, good sportsmanship and good citizenship and to make children a priority in their decisions. The foregoing declaration of policy about children and young adults was unanimously adopted by the Huntington Beach City Council on April 16, 2001. The motion to adopt the document filed A Declaration of Policy About Children and Young Adults carried by the following roll call vote: AYES: Boardman, Cook, Julien Houchen, Garofalo Dettloff, Bauer NOES: None ABSENT: None (Green out of room) 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: PLC Land Company (Parcel 7A) to Authorize the City Attorney to Execute an Amendment to the Tolling Agreement Pending Submittal of a Revised Subdivision Map for Council Consideration (120.80) Assistant City Attorney Scott Field reported out that on April 16, 2001, the City Council convened in closed session to discuss the matter of PLC Land Company (Parcel 7A) tolling agreement. The City Council voted to authorize the City Attorney to execute an amendment to the tolling agreement with PLC pending submittal of a revised subdivision map for City Council consideration. The motion carried by the following roll call vote: (7) April 16, 2001 Council/Agency Minutes - Page 7 AYES: Green, Julien Houchen, Dettloff, Bauer NOES: Boardman, Cook ABSENT: Garofalo 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: Howard Jarvis Taxpayers Association, et al. v. City of Huntington Beach, et al., OCSCC No. 81 87 80 (120.80) Deputy City Attorney Scott Field reported out that on April 16, 2001, the City Council convened in closed session to discuss the matter of Howard Jarvis Association, et al. v. City of Huntington Beach, et al., Orange County Superior Court Case No. 81 87 80. The City Council voted to continue the item to the open session of the City Council meeting. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: None ABSENT: None (Garofalo arrived during discussion of this item) ABSTAIN: Garofalo (City Council) Reviewed and Accepted City Treasurer's February 2001 Investment Summary Report (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Report for February 2001. City Treasurer Shari Freidenrich presented the PowerPoint slide report that had been announced earlier by the City Clerk as a Late Communication. The communication is dated April 16, 2001 and titled Treasurer's Report. City Treasurer Freidenrich stated that the interest rate continues to drop and reported briefly on the city's investment policy to hold bonds until maturity. A motion was made by Garofalo, second Dettloff to review and accept the monthly report. Following review of the report, by motion of Council, accept the Monthly Investment Report Summary of Investment Portfolio for February 2001, 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, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer. NOES: None ABSENT: None Public Comments Bridget Kaub, Huntington Beach business owner and Vice Chair of the 41h of July Board thanked Council for the service they give to the community and the support Council gives to the 4`h of July Board. Ms. Kaub urged approval of the agenda item requesting revision of the parade route. (8) April 16, 2001 Council/Agency Minutes - Page 8 Topper Horach presented a PowerPoint slide report that includes photographs which he stated depict what he observed to be emissions spewing from the peaker units of the AES Huntington Beach power plant. He informed Council that the pictures are enhanced to highlight the direction of the plume. Mr. Horach stated his support of Councilmember Bauer's agenda item protesting the purchase by AES of air pollution credits. He also spoke regarding the administrative item on the proposed licensing agreement with AMX International, Inc. for the customer billing software. Stating that he considers it to be a sales pitch, Mr. Horach suggested that Council look closely at the utility program before expending additional funds. William "Bill" Curtis expressed his pleasure that the preceding speaker, Mr. Horach brought pictures of the AES Huntington Beach power plant. Mr. Curtis defined AES as a 40-year old refinery that has two of the largest smokestacks in the country and that they are hazardous to life. He spoke in favor of Councilmember Bauer's agenda item on the AES purchase of air pollution credits. Mr. Curtis read excerpts from a copy of a letter that he had written to Governor Gray Davis regarding AES which he submitted to Council and the City Clerk as a Late Communication. Mayor Pro Tern Cook requested information be provided so members of the community can write their comments to the California Energy Commission (CEC). Communications Director/Public Information Director Rich Barnard reported that the CEC is going to be holding a meeting at 10:00 a.m. on Wednesday, April 18, 2001 in Room E at the Huntington Beach Central Library. Dave Sullivan stated his approval of the new claim form proposed in Mayor Pro Tern Cook's agenda item on the Howard Jarvis lawsuit. Dr. Sullivan presented reasons in opposition to a City Council appeal on the Howard Jarvis Tax Refund case. Al Bell, Infrastructure Advisory Committee (IAC) board member and 33-year Huntington Beach resident, spoke in favor of the agenda item on the Infrastructure Planning Committee's (IPC) recommendations and urged Council approval. Dick Harlow, Infrastructure Advisory Committee (IAC) and Infrastructure Planning Committee (IPC) board member echoed the foregoing speaker, Mr. Bell's support of the agenda item relative to the infrastructure improvements. Mr. Harlow stated he wished to present one deviation from the recommendation, providing his rationale for preferring five years as an alternate time period in which to average out the 15% of General Funds for the infrastructure work plan. Gerald Chapman, Infrastructure Advisory Committee (IAC) and Infrastructure Planning Committee (IPC) board member stated his preferred order of priorities. He recommended placing on the March 2002 Election ballot a Charter Amendment vote on the recommendations for infrastructure improvements as a first priority. Dr. Chapman suggested that secondly, approval for the funding of a Community Facilities District (CFD) should be placed on a subsequent ballot. Joey Racano commended the Infrastructure Planning Committee (IPC) for a good job. He related the challenge faced by Little Shell Wetlands and how it was nevertheless saved from destruction. Mr. Racano stated his opposition to "fast -tracking" the permit for re -tooling the dormant Units 3 and 4 of the AES Huntington Beach power plant, speaking against its (9) April 16, 2001 Council/Agency Minutes - Page 9 expansion without adequate environmental safeguard measures. He spoke in support of Councilmember Bauer's agenda item protesting the purchase by AES for air pollution credits. Dean Albright stated that he is speaking as a past member of the Infrastructure Planning Committee (IPC) to state that the Howard Jarvis lawsuit should not reflect on the IPC recommendations. He suggested that the issue of infrastructure improvements be brought to the people in the form of a ballot initiative. Mr. Albright opposed using funds earmarked for infrastructure improvements for other purposes. Sally Alexander spoke in opposition to the city's corporate arrangement with the Coca-Cola Bottling Company, claiming that the soft drink is not good for children. Don McGee related his confusion over the relationship between the AES Huntington Beach power plant and Williams Communications, claiming that the two companies are working together to place a stranglehold on consumers. Mr. McGee spoke in opposition to corporations' activities relative to environmental issues. Jim Martin spoke against the Single Room Occupancy (SRO) zoning designations that is being adopted with the second reading of Ordinance No. 3494. Mr. Martin stated that he finds that most cities restrict SROs to commercial areas which he, too, favors. (City Council) Accepted Open Session Report on the Howard Jarvis Taxpayers' Association v. City of Huntington Beach, OCSCC No. 81870 - Approved as Amended Adoption of Resolution No. 2001-19 Extending the Time for Citizens.to File Tax Refund Claims and Lawsuits and Directed City Attorney to Make Technical Revisions — Approved as Amended that the City Appeal the Judge's Decision (630.40) A motion was made by Cook, second Garofalo to take the agenda item regarding the Howard Jarvis lawsuit out of order for consideration at this point in the meeting. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None The City Council considered a communication from Mayor Pro Tern Debbie Cook transmitting the following Statement of Issue: There is still confusion surrounding the process for filing property tax claims subsequent to the judgment in Howard Jarvis Taxpayer Association v. City of Huntington Beach. The discussion by staff and the City Council at the April 2, 2001 City Council meeting, rather than relieve public misconceptions, has further added to the misunderstandings with regard to the Council's intentions to refund illegally levied taxes. Mayor Pro Tern Cook delivered a brief oral report and announced that Assistant City Attorney Scott Field will furnish the PowerPoint presentation that was announced earlier by the City Clerk as a Late Communication. The communication is dated April 16, 2001 and titled Howard Jarvis Association v. City of Huntington Beach — A Public Presentation for the City Council Meeting of April 16, 2001. Assistant City Attorney Field provided background information which led to the property tax override case. Assistant City -Attorney Field requested Council approval of several amendments (10) April 16, 2001 Council/Agency Minutes - Page 10 to be made to Sections 1, 2 and 3 of Resolution No. 2001-19, a copy of which is shown on pages H-2a.10 and H-2a.11 of the staff report: Section 1. 41h line after the word "following," replace "a final decision of a court of competent jurisdiction, whether by a final decision of the Supreme Court or a Court of Appeal of this State or by" with "issuance of a remittitor ('1he Remittitor) by an appellate court affirming, or modifying, or reversing the`. 6th line replace "arising out of with "in;" replace "Final Decision" with "the Remittitor. " Section 2. 3`d and 4th lines after the word "after," replace 'The Final Decision in Case No. 818780,"with "issuance of the Remittitor." Section 3. Vt line after the word "the," replace "Final Decision in Case No. 818780,"with `Remittitor,"and 51h line after the word "the," replace "Final Decision in Case No. 818780,"with "Remittitor,` and 71h line after the word "upon," replace "a Final Decision in Case No. 818780 with `the Remittitor's Final Judgment." Assistant City Attorney Field answered Councilmember Garofalo's inquiries regarding: 1. The filing process, stating that the city is working to expedite the matter; 2. Mr. Chuck Schied's refund amount, explaining that it represents tax year 2000 and that it is only a portion of the $22 levied tax amount; and 3. Whether or not the taxpayer can designate his share of the proceeds, responding that the money cannot go towards other services if not claimed. Administrative Services Director Clay Martin reported on the statistics in the matrix titled Table 1. Estimated Past Exposure prior to the Superior Court Judgment found on pages F-2.55 and F-2.56 of the staff report. In response to Mayor Pro Tern Cook's inquiry regarding the ability of future Councils to rescind the resolution, Assistant City Attorney Field spoke regarding the law of estoppel also known as promissory reliance. Assistant City Attorney Field answered Councilmember Bauer's question, stating that he believes there is a database and/or process to aid the city in making payment is to the correct person regardless of who is on title on the property for any particular tax year. . Assistant City Attorney Field clarified for Councilmember Boardman that the 2-to-3,000 individuals who have thus far turned in property tax refund claims do not need to later re -file. Councilmember Green made the supposition that the issue may work its way to the Supreme Court, perhaps by way of the League of California Cities. Assistant City Attorney Field spoke regarding the Howard Jarvis proponents' rights to appeal an adverse decision, in answer to Councilmember Green's question as to what would happen if the city files an appeal and overturns the case. Mayor Pro Tern Cook thanked Assistant City Attorney Field for the many hours he had devoted to working on this issue. She stated that all cities can benefit from this case. Mayor Pro Tern (11) April 16, 2001 Council/Agency Minutes - Page 11 Cook amended the following motion to include that the Council approve the city to appeal the Judge's decision. Mayor Pro Tern Cook expressed her hopes for a quicker processing time than three years. A motion was made by Cook, second Dettloff to: 1. Replace the claims form currently being provided to the public with a modified version to be prepared by the City Attorney's Office; and 2. Adopt Resolution No. 2001-19, as amended with the following technical revisions presented by Assistant City Attorney Scott Field per the foregoing discussion: Section 1. 4th line after the word "following," replace "a final decision of a court of competent jurisdiction, whether by a final decision of the Supreme Court or a Court of Appeal of this State or by" with "issuance of a remittitor (`the Remittitor') by an appellate court affirming, or modifying, or reversing the".; and the 6th line replace "arising out of" with "in;" replace "Final Decision" with 'the Remittitor." Section 2. 3rd and 4th lines after the word "after," replace `the Final Decision in Case No. 818780,"with "issuance of the Remittitor." Section 3. 15t line after the word "the," replace "Final Decision in Case No. 818780,"with "Remittitor,"and 5th line after the word "the," replace "Final Decision in Case No. 818780,"with `Remittitor,"and 7th line after the word "upon," replace "a Final Decision in Case No. 818780 with `the Remittitor's Final Judgment." As prepared by the City Attorney's Office, that extends until after the conclusion of any appeals, the time to submit claims — Resolution No. 2001-19 — as amended "A Resolution of the City Council of the City of Huntington Beach Extending the Time to File Tax Refund Claims and Lawsuits in Connection with the Case Entitled Howard Jarvis Taxpayers Association v. County of Orange and Real Party in Interest City of Huntington Beach Orange County Superior Court Case No. 818780"; and 3. Approve as amended that the city appeal the Judge's decision. 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 Approved On motion by Green, second Garofalo, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of March 19, 2001 and the City Council/Redevelopment Agency regular adjourned meetings of March 26, 2001 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (12) April 16, 2001 Council/Agency Minutes - Page 12 (City Council) Approved Release to the Subdivider, Garfield Square, LLC of the Guarantee and Warranty Bond (Security) for Tract No. 15499 n/o Garfield Avenue, e/o Delaware Street (420.60) — Approved 1. Release Guarantee and Warranty Bond No. 88482; the security furnished for guarantee and warranty of improvements (American Contractors Indemnity Company); and 2. Instructed the City Clerk to notify the Subdivider, Garfield Square, LLC, of this action, and the City Treasurer to notify the Surety, American Contractors Indemnity Co.; of this action. Submitted by the Public Works Director. Funding Source: Not Applicable. (City Council) Approved the Release of Bonds and Approved Acceptance of Bonds (Securities) — Seacliff Venture, L.P. and Lennar Homes of California for Tract No. 14355 n/w Corner of Garfield Avenue and Edwards Street — Accepted the Public Improvements and Authorized the Filing of the Notice of Acceptance with the County Recorder's Office (420.60) —1. Accepted the improvements constructed and dedicated for public use with Tract No. 14355; and 2. Released Seacliff Ventures, L.P. Faithful Performance/Labor and Material Bond No. SD00083514 and Monument Bond No. SD00083515 pursuant to California Government Code Section No. 66499.7(b) (Frontier Pacific Insurance Company); and 3. Released Lennar Homes of California, Inc. Faithful Performance/Labor and Material Bond No. 111 3346 4286 and Monument Bond No. 111 3346 4294 pursuant to California Government Code Section No. 6499.7(b) (The American Insurance Company); and 4. Accepted Seacliff Ventures, L.P. Guarantee and Warranty Bond No. BE2624511, the security furnished for guarantee and warranty of improvements (Gulf Insurance Company), and instructed the City Clerk to file the bond with the City Treasurer; and 5. Accepted Lennar Homes of California, Inc. Guarantee and Warranty Bond No. 111 3346 4286, the security furnished for guarantee and warranty of improvements (The American Insurance Company) and instructed the City Clerk to file the bond with the City Treasurer; and 6. Instructed the City Clerk to notify the.developers, Seacliff Venture, L.P. and Lennar Homes of California, Inc. of this action, and the City Treasurer to notify the Sureties, Gulf Insurance Company and American Insurance Company, respectively, of this action; and 7. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Submitted by the Public Works Director. Funding Source: Not Applicable. (City Council) Adopted Resolution No. 2001-14 Authorizing the Public Works Director or City Engineer to Execute Right -of -Way Certifications on Capital Improvement Projects Involving Federal Funds or Which Encroach within State Right -of -Way (630.10) — Adopted Resolution No. 2001-14 — "A Resolution of the City Council of the City of Huntington Beach Authorizing the Director of Public Works or City Engineer to Execute Right -of -Way Certifications." Submitted by the Public Works Director. Funding Source: Not Applicable. (City Council) Approved and Authorized Application by the City for Participation in Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grants Program (340.70) — Approved and authorized City staff to make application to the Federal Emergency Management Agency (FEMA) for the Assistance to Firefighters Grants Program. Submitted by the Fire Chief/Information Systems Director. Funding Source: If approved by FEMA, the city will receive $175,000 in federal funding as part of the Assistance to Firefighters Grants Program. Funds exist in the Metro Cities Joint Powers Authority Member Specific Reserve for technology upgrades for Huntington Beach to meet the 30% matching requirement of the Program; not to exceed $75,000. Participation in the Assistance to Firefighters Grants Program will not require any City appropriations. (City Council) Authorized Advertisement for Bids and Approved Sample Contract for the Modification of Chlorine Containment Structures at Water Well Nos. 6, 7, 9 & 10; CC-1133 (600.75) —1. Authorized the Director of Public Works to advertise and obtain bids for the (13) April 16, 2001 Council/Agency Minutes - Page 13 modification of Chlorine Containment Structures at Water Well Nos. 6, 7, 9 and 10, CC-1133 pending final approval and adoption of Ordinance No. 3496, amending Section 14.120.10 and 14.120.40 pertaining to Water Fees and Rates; and 2. Approved the attached Sample Contract subject to award of the contract to the lowest responsive/ responsible bidder. Submitted by the Public Works Director. Funding Source: Engineer's estimate - $400,000 - Water Master Plan Fund. (Attachment 1 included in the staff report in the agenda packet is a location map of the various water well sites.) (See Agenda Item for Adoption of Ordinance No 3496.) (City Council) Approved a Cooperative Funding Agreement (D00-003) between the City and the County of Orange, the Orange County Flood Control District and the Orange County Sanitation District for Coastal Water Quality and Urban Runoff Management Studies (600.25) — Approved and authorized the Mayor and City Clerk to execute the Cooperative Funding Agreement by and between the City of Huntington Beach, the Orange County Sanitation District, the County of Orange and the Orange County Flood Control District for the Coastal Water Quality and Urban Runoff Management Studies Project. Submitted by the Public Works Director. Funding Source: $399,000 Beach Closure Account. This agreement will reimburse the City for $254,665. (City Council) Approved Amendment No. 1 to Joint Funding Agreement with Huntington Beach Union High School District Concerning Construction of Swimming Pool at Huntington Beach High School (600.10) — Approved Amendment No. 1 to the Joint Funding Agreement between the Huntington Beach Union High School District and the City of Huntington Beach for the Future Swimming Pool at Huntington Beach High School and authorize the Mayor and City Clerk to execute same. Submitted by the Community Services Director. Funding Source: Not applicable, already approved by City Council on March 5, 2001. (Amendment No. 1 changes no other terms_ or conditions of the original agreement: The amendment simply exempts future Boards of Trustees from the debt limitation requirement. Approval of this amendment is necessary in order to award bid and proceed with construction of the Huntington Beach High School Pool. The Huntington Beach Union High School District Board Trustees approved the amendment on April 10, 2001.) (City Council) Approved the 2001 Fourth of July Celebration Proposed Amended Budget and Adopted Resolution No. 2001-15 Requesting CalTrans Approval of Revised Parade Route Closing Pacific Coast Highway from Beach Boulevard to Goldenwest Street - Adopted Resolution No. 2001-16 Authorizing Closure of Local Streets (960.30) — 1. Approved the 2001 Fourth of July parade amended budget as presented by the Fourth of July Executive Board, not expected to exceed $218,500; and 2. Authorized the Director of Administrative Services to appropriate $54,000 in carry-over funds from the Unreserved Parade Fund Balance Account into the Fourth of July Parade Fund Account; and 3. Adopted Resolution No. 2001-15 — "A Resolution of the City Council of the City of Huntington. Beach Requesting CalTrans to Approve the Closing of Pacific Coast Highway for the Huntington Beach Fourth of July Parade;" and 4. Adopted Resolution No. 2001-16 — "A Resolution of the City Council of the City of Huntington Beach Authorizing Street Closure for the Fourth of July." Submitted by the Community Services Director. Funding Source: Fourth of July Parade Fund, to be reimbursed from the Fourth of July fundraising activities. Expected revenue: $244,000. (City Council) Adopted Resolution No. 2001-17 Naming Clay Martin, Administrative Services Director as the Alternate Director Representing the City in the Big Independent Cities Excess Pool Joint Powers Authority (BICEP) (310.75) — Adopted Resolution No. 2001-17 — "A Resolution of the City Council of the City of Huntington Beach Naming Clay Martin as the Alternate Director of the Big Independent Cities Excess Pool Joint Power Authority." Submitted by the Administrative Services Director. Funding Source: Not Applicable. (14) April 16, 2001 Council/Agency Minutes - Page 14 (City Council) Approved Professional Services Contract between the City and Wald Realty Advisors, Inc. for Structural Engineering Consulting Services for the Repair and Renovation of Murdy Fire Station 2 (600.10) — Approved and authorized the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington and Wald Realty Advisors, Inc., for the Structural Engineering Consulting Services for the Murdy Fire Station in an amount not to exceed the approved budget of $75,000. Submitted by the Fire Chief/Information Systems Director and the Public Works Director. Funding Source: The General Fund Capital Improvements program includes $75,000 for Fire Station 2 — Murdy Settling Repairs Account. No additional funding is required. (City Council) Adopted the City's Revised Financial Policies (100.10) The City Council considered a communication received from the Administrative Services Department transmitting that the city has maintained a list of Financial Policies since 1992, and the City Council recently held a workshop to review and expand the Policies. The revised Financial Policies are being brought to the City Council for adoption. At the March 16, 2001 City Council workshop at the city's Central Library, staff presented 33 Financial Policies to the City Council for its consideration. At that meeting, staff answered questions and received input from the City Council regarding the proposed financial policies. The original 33 Financial Policies and one addition (No. 26 regarding enterprise fund fees) are being brought before the City Council for formal adoption. Please note that as a result of the tentative decision on the city's retirement tax rate, the city may be unable to achieve the 7% General Fund reserve called for in the Financial Policies. Included with the staff report are the following communications Communication from the Administrative Services Department dated April 9, 2001 and titled Impact of the Howard Jarvis Lawsuit. Slide presentation from the Administrative Services Department dated April 16, 2001 and titled Financial Policies. City Administrator Ray Silver reiterated from the staff report the background of this item. Administrative Services Director Clay Martin presented the PowerPoint slide report titled Financial Policies mentioned above. He spoke in detail regarding Slide No. 6, which adds a new Policy, No. 26 regarding enterprise fund fees, to the original 33 Financial Policies. Director Martin reviewed the debt policies, Nos. 29. through 30. He called attention to the memo from his department dated April 9, 2001 and titled Impact of the Howard Jarvis Lawsuit mentioned earlier. He informed Council that the communication identifies key items as reflected in three tables attached to the document. City Administrator Silver elaborated on the purpose of the tables. He added that said impact of the Howard Jarvis Lawsuit will also affect funding for infrastructure improvements, which is the agenda item to follow. Discussion was held regarding the city's ability to achieve the 7% General Fund. A consensus was reached that for a city of its size, it would be less than fiscally responsible for Huntington Beach to go down to a 3% General Fund allocation in Fiscal Year 2005-6. (15) April 16, 2001 Council/Agency Minutes - Page 15 City Administrator Silver expressed the hopes that the 5% reduction in operating costs he has requested from each department will be adequate. Discussion ensued relative to concerns over potential serious cuts in service at all levels. A motion was made by Garofalo, second Dettloff to adopt the revised financial policies as per the document - Recommended Revisions to Financial Policies, dated April 16, 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 a Work Plan to Implement the Infrastructure Planning Committee (IPC) Recommendations on the Integrated Infrastructure Management Plan (IIMP) as Modified in Response to the Howard Jarvis Retirement Tax Rate Lawsuit — Approved the Professional Services Contract between the City and Fieldman, Rolapp and Associates for Financial Advisor Services Re: the Formation of a Community Facilities District (CFD) and Approve Waiver to the Insurance Liability Requirements — Motion Failed to Hold Charter Amendment Election Prior to Voting on the Formation of the CFD (600.10) The City Council considered a communication received from the Public Works Department transmitting that the Infrastructure Planning Committee (IPC) presented their final report at the March 26, 2001 City Council meeting. The Public Works Department is requesting that Council accept the IPC Final Report and adopt the recommendations and an action plan that includes a report on the financial impact of the Howard Jarvis lawsuit; and authorize funding to continue with proposed recommendation. Included with the staff report is a communication from the Administrative Services Department dated April 9, 2001 titled Impact of the Howard Jarvis Lawsuit. City Administrator Silver presented an oral report. Public Works Director Robert F. Beardsley introduced Assistant Public Works Director Paul Emery who presented the PowerPoint slide report that had been announced earlier by the City Clerk as a Late Communication. The communication is dated April 16, 2001 and titled Implementation Work Plan — Recommendations of the Infrastructure Planning Committee. Mayor Pro Tern Cook inquired regarding public participation, to which Assistant Public Works Director Emery responded that an ad hoc committee assisted staff in determining the appropriate size of the Community Facilities District. Considerable discussion was held relative to the possible split vote: a charter amendment for the implementation of the Infrastructure Planning Committee (IPC) recommendations on the Integrated Infrastructure Management Plan (IIMP), followed by a bond issue for the formation of the Community Facilities District (CFD). City Administrator Silver restated for the record on this agenda item the impact of the Howard Jarvis Retirement tax rate lawsuit in modifying the proposed IPC implementation work plan. (16) April 16, 2001 Council/Agency Minutes - Page 16 Thomas DeMaris, Principal of Fieldman, Rolapp and Associates reported on financial aspects of the CFD. A motion was made by Cook, second Boardman to amend recommended action (to follow) to hold Charter Amendment election prior to voting on the formation of the Community Facilities District. The motion failed by the following roll call vote: AYES: Boardman, Cook NOES: Green, Julien Houchen, Garofalo, Dettloff, Bauer ABSENT: None A motion was made by Dettloff, second Green to: 1. Approve Items Nos. 1-4 of the Proposed Work Plan set forth in the Request for Council Action dated April 16, 2001, and the associated schedules set forth on the Work Plan Implementation Calendar - Attachment No. 2 implementing the recommendations of the Infrastructure Planning Committee as modified in response to the Howard Jarvis lawsuit; and 2. Approve and authorize the Mayor and City Clerk, upon approval of the consultant's insurance policies by the City Attorney, to execute the Professional Services Contract between the City of Huntington Beach and Fieldman, Rolapp and Associates to Provide Financial Advisor Services, in Conjunction with the Recommendations of the Citizens Infrastructure Advisory Committee Regarding the Formation of a Community Facilities District in the City of Huntington Beach for an amount not to exceed $208,400; and 3. Waive the $25,000 deductible for both errors and omissions and professional liability insurances; and 4. Direct the Finance Director to appropriate $250,000 from the City's Unappropriated General Fund Balance for the contract, potential change orders and supplemental expenses. 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 Four Contract Agreements between the City and AMX International, Inc. for (1) the Beta Test Site; (2) Utiligy Customer Information and Billing License Software; (3) Utiligy Maintenance Software; and (4) Utiligy and JD Edwards Software Implementation for the B.E.A.C.H. (Business Enterprise Application City of Huntington Beach) Project (600.10) The City Council considered a communication received from the Fire Chief/Information Systems Director, the City Treasurer and the Public Works Director requesting Council approval for staff to appropriate an additional $3,081,044 from the Water Fund to purchase utility customer information and billing software from AMX International, Inc. and related hardware/ software as a component of the JD Edwards Enterprise Business System Implementation. The City's current custom legacy based utility billing software was developed over 15 years ago and operates on an unsupported mainframe computer. A three -phased software/hardware implementation approach was approved by City Council on October 18, 1999 when Phase I of the JD Edwards Enterprise Resource Planning Software implementation was approved. (17) April 16, 2001 Council/Agency Minutes - Page 17 At that time, Phase III of the project, replacement of the utility billing software, was proposed for October 2001 to coincide with the delivery of a JD Edwards integrated utility billing software. The integrated utility software is now available. The acceleration of the funding request allows for a 1.2 million -dollar savings. The City can provide direct input on the final design before implementation of the proposed Utiligy system, allowing for the seamless integration of the City's unique water, refuse, FireMed, and possible sewer billing needs and the JD Edwards OneWorld Business System Software. Fire Chief/Information Systems Director Dolder reported using the PowerPoint presentation dated April 16, 2001 and titled Customer Information and Billing Software. He referred to the study session held at the 5:00 p.m. portion of the City Council meeting during which time the slide report was presented in detail. Fire Chief/Information Systems stated that contrary to a public comment that had been made, $3 million and not $7 million is being appropriated from the Water Account to fund the B.E.A.C.H. Software Capital account for this project. He stated for further clarification as per the staff report that Council approval is being requested for a transfer of existing funds and not an increase in water rate fees. Councilmember Boardman initiated discussion following her question regarding the total purchase costs of the software. Assistant City Attorney Scott Field responded to Mayor Pro Tern Cook's inquiry relative to ancillary benefits by interpreting that the City Charter does not address such usage of funding sources. Council and staff deliberated on the merits of funding with an appropriation versus a loan; whether or not the repayment would be made to the water account. Fire Chief/Information Systems Director Dolder informed Council that the proposed software upgrade serves a variety of water -related billing purposes. He enumerated that in addition to the ability for online payment, the software will also enable customers to access a -pay and a -bill to look up current meter usage and to sign up for water service connections. Councilmember Garofalo commended the advantages of the user focus with the proposed software. He announced that he will move the recommended action after ascertaining the repayment plan. City Administrator Silver stated that the intent is to repay the water account at some point in the future. A motion was made by Garofalo, second Green to: 1. Approve an appropriation of $3,081,044 from the Water Fund to the B.E.A.C.H. Project Software Capital account; and 2. Approve and authorize the Mayor and City Clerk to execute the Beta Test Site Agreement; and 3. Approve and authorize the Mayor and City Clerk to execute the AMX International, Inc. Utiligy Software License Agreement at a cost not to exceed $350,000 and further approve limited liability and indemnification obligations; and (18) April 16, 2001 Council/Agency Minutes - Page 18 4. Approve and authorize the Mayor and City Clerk to execute the AMX International, Inc. Maintenance Agreement (no first year costs, subsequent years $81,000); and 5. Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and AMX International, Inc. for Implementation of AMX Utiligy Software and JD Edwards Software at a cost not to exceed $1,400,000. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Adopted Resolution of Intent No. 2001-18 Providing Notice that on May 7, 2001 the City Council will Consider Adoption of Ordinance No. 3497 to Amend the Contract with PERS (Public Employees' Retirement System) to Provide Section 21362.2 (3% @ 50 Formula) Benefit for Local Fire Safety Plan Members (700.50) The City Council considered a communication from the Administrative Services Director requesting Council approval to amend the contract with the Public Employees' Retirement (PERS) to provide Section 21362.2 (3% @ 50 Full Formula) benefit for local fire safety members. Government.Code Section 7507 requires that the future annual costs of the proposed contract amendment be made public at a City Council meeting at least two weeks prior to the adoption of the final ordinance. These costs are as follows: 1. Change in the Present Value of Benefits $8,464,948 2. Change in the Unfunded Accrued Liability ($4,378,995) 3. Change in the Employer Rate 1.745% Administrative Services Director Clay Martin presented the PowerPoint slide report that had been announced earlier as a Late Communication by the City Clerk. The communication is dated April 16, 2001 and titled "3% @ 50" Firefighters' Retirement Benefit. Mayor Pro Tern Cook received clarification from Director Martin relative to PowerPoint slide no. 6 and the capped rate at 2.25%. Director Martin responded to Mayor Pro Tern Cook's question that all safety employees do not have to be under the same law. He stated that the PERS law allows that the three primary units of Fire, Marine Safety and Police can be broken out to individual agreements. A motion was made by Dettloff, second Green to: 1. Adopt Resolution of Intent No. 2001-18 —A Resolution of Intention of the City Council of the City of Huntington Beach to Approve an Amendment to Contract between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Huntington Beach" Provides notice that on May 7, 2001 the City Council will consider adoption of Ordinance No. 3497; and (19) April 16, 2001 Council/Agency Minutes - Page 19 2. Introduce Ordinance No. 3497 — "An Ordinance of the City of Huntington Beach Authorizing an Amendment to the Contract Between the City Council of the City of Huntington Beach and the Board of Administration of the California Public Employees' Retirement System" to amend the PERS contract to provide Section 21362.2 (3% @ 50 Full Formula) benefit for local fire member; and 3. Authorize the Mayor to sign and the. City Clerk to attest to the Certification of Member Contribution Rate; and 4. Authorize the City Clerk to attest to the Certification of Compliance with Government Code Section 7507. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Adopted Ordinance No. 3495 Amending Chapter 10.12 of the Huntington Beach Municipal Code Relating to Speed Limits on Various City Streets (580.60) The City Council considered adoption of Ordinance No. 3495 to revise speed limits on various streets within the city. As listed on the staff report; the recommended changes decrease speed limits on 2 city streets; increase speed limits on 7 city streets; and reaffirm/establish speed limits on 10 city streets. After City Clerk read by title, a motion was made by Garofalo, second Green to adopt I . Ordinance No. 3495 `An Ordinance of the City of Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code Relating to Speed Limits." The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Adopted Ordinance No. 3496 Amending Chapter 14.12 of the Huntington Beach Municipal Code Relating to Water Rates and Fees in the December 2000 Water Master Plan (1000.20) The City Council considered adoption of Ordinance No. 3496 which would amend HBMC Sections 14.12.010(d) and 14.12.040, in order to provide that Capital Facilities Charge. monies and Capital Surcharge monies shall be used for water projects which are consistent with goals and objectives of the December 2000 Water Master Plan but which projects are specifically identified in a resolution, and any amendment to same, adopted by the City Council. After City Clerk read by title, a motion was made by Garofalo, second Green to adopt Ordinance No. 3496 - "An Ordinance of the City of Huntington Beach Amending Chapter 14.12 of the Huntington Beach Municipal Code by Amending Sections 14.12.010 and 14.12.040 Pertaining to Water Fees and Rates." The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (20) April 16, 2001 Council/Agency Minutes - Page 20 (City Council) Adopted as Amended Ordinance No. 3494 Amending Chapters 230 and 231 of the Zoning and Subdivision Ordinance Relating to SRO (Single Room Occupancy) and Off Street Parking (420.40) The City Council considered adoption of Ordinance No. 3494 amending Chapters 230 and 231 of the Zoning and Subdivision Ordinance relating to Single Room Occupancy and off-street parking. After City Clerk read by title, a motion was made by Garofalo, second Green to adopt Ordinance No. 3494 — "An Ordinance of the City Council of the City of Huntington Beach Amending Chapters 230 and 231 of the Zoning and Subdivision Ordinance Relating to Single Room Occupancy and Off Street Parking." 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 and Authorized the Mayor to Send a Letter to the League of Cities Representative to the South Coast Air Quality Management District (SCAQMD) Protesting the Purchase by the AES Huntington Beach Power Plant of Air Pollution Credits (520.75) The City Council considered a communication from Councilmember Ralph Bauer transmitting the following Statement of Issue: It is my understanding that AES Huntington Beach, LLC is in negotiations with the South Coast Air Quality Management District to buy pollution credits under air pollution rules laid down by AES. According to newspaper articles, AES could buy unlimited credits and then pass the cost of these purchases on to their customers. We are thus in the ludicrous position of the people paying for more air pollution. Technology is available to prevent pollution of the atmosphere by oxides of nitrogen and oxides of sulfur. This technology should be put in place for all power generating units at the AES Plant. An attachment dated April 9, 2001 and titled South Coast Air Quality Management District — Rule 118 Executive Order#01-06 is included in the agenda packet. A motion was made by Bauer, second Green to: 1. The city staff intervenes in the negotiations between AES and SCAQMD to prevent the purchase of any air pollution credits; and 2. The Mayor send a letter protesting the purchase of any air pollution credits to Newport Beach Council Member Norma Glover, who is the League of Cities representative to the SCAQMD Board of Directors. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (21) April 16, 2001 Council/Agency Minutes - Page 21 (City Council) Approved Letter to Assemblyman Tom Harman to Transmit City's Support of Assembly Bill 476 Re: Expansion of the Orange County Transportation Authority (OCTA) Board and Solicit Support of AB 476 from Garden Grove, Santa Ana and Anaheim (120.70) The City Council considered a communication from Councilmember Ralph Bauer transmitting the following Statement of Issue: Expansion of the Orange County Transportation Authority (OCTA) Board to include large cities of Orange County (Anaheim, Huntington Beach, Garden Grove, Santa Ana). Assemblyman Tom Harman has submitted Assembly Bill 476 that changes the makeup of the OCTA Board so as to guarantee membership on the Board to the four largest cities of Orange County (Anaheim, Huntington Beach, Garden Grove, Santa Ana). Other details are shown in the enclosure dated April 11, 2001 and titled AB 476 Assembly Bill— Amended. The Assembly Transportation Committee has scheduled a hearing on this bill for April 23, 2001, necessitating action prior to the next Intergovernmental Relations Committee meeting. Since there is some urgency for the bill, I thought it best to come directly to the full Council with the following motions (to follow). Councilmember Bauer provided an oral report informing Council of his intent to encourage increased city participation. He stated that there are 34 cities in the county of Orange, and very few are represented on the OCTA board. Councilmember Garofalo amended the recommended action (to follow) to include that a letter be sent to the Assembly Representative of the Orange County Caucus. Councilmember Bauer concurred. A motion was made by Bauer, second Green that: 1. A letter be written to Assemblyman Tom Harman in support of AB 476; and 2. A letter be sent to the cities of Garden Grove, Santa Ana and Anaheim to solicit their support of AB 476; and 3. As amended to include that a letter be sent to Assembly Representative to the Orange County Caucus. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien.Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (22) April 16, 2001 Council/Agency Minutes - Page 22 Adjournment — City Council/Redevelopment Agency Mayor Julien Houchen adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 10:20 p.m. to Monday, May 7, 2000, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. dxxe�t/ City Clerk and ex-officio Cler of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: 4w' G O/ �1'1 City Clerk -Clerk ayor-Chairman