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HomeMy WebLinkAbout2001-06-04 (7)Minutes 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, June 4, 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 Pro Tern Debbie Cook called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. City Council — Redevelopment Agency Roll Call Present: Green, Boardman, Cook, Dettloff, Bauer (Julien Houchen arrived 5:07 p.m.) Absent: Garofalo Public Comments Regarding Study Session and Closed Session Agenda Items Cordula Dick-Muehlke, Executive Director, Adult Day Services of Orange County (ADSOC), spoke in support of ADSOC receiving Community Development Block Grant (CDBG) funds. She stated that her organization helps families in need of in -home health care. Dr. Dick-Muehlke expressed her understanding of the financial challenges and difficulties faced by the city to allocate funds, and her hopes for the continued partnership between the city and ADSOC. Eileen Murphy spoke in opposition to the closed session item regarding Councilmember Garofalo. Ms. Murphy requested that Council vote "no" to Councilmember Garofalo's request for defense and indemnification pending investigation of charges of alleged conflict of interest under the Fair Political Practices Commission (FPPC) and by the District Attorney. Robert Cronk stated his opposition to Councilmember Garofalo's closed session item and inquired why at this stage of the pending investigation would the Councilman need an attorney. Steve Gullage informed Council that he is speaking on behalf of Sandra Cole and himself as advocates of good government against the city paying for Councilmember Garofalo's defense against pending charges of alleged conflict of interest. William P. Bernard spoke in opposition to Councilmember Garofalo's request for defense and indemnification against allegations of conflict of interest. He stated that the documents received by the City Attorney for the closed session is an exception to the Ralph M. Brown Act, as discussion of the agenda item should be conducted during open session. Mr. Bernard read the closed session item, stating his opinion that the request is irrelevant in Councilmember (2) June 4, 2001 - Council/Agency Minutes - Page 2 Garofalo's situation, and to assist his case would be counterproductive as it would set a precedent. City Attorney Gail Hutton responded to the last speaker's comments by referring to Government Code § 995 in regard to making a finding whether the act of the employee, former employee, or officer of the city was performed within the scope of services and is therefore defensible by the city. Ron Davis informed Council that he is making a formal request to obtain copies of the documents he considers to be public records, which were submitted by Councilmember Garofalo and his attorney for the closed session item requesting payment for legal services. He inquired whether the case is a pending civil action. Mr. Davis suggested that the City Attorney educate the public on Government Code § 995, and that a vote on the item ought to be taken in a public forum. Kevin Messner spoke in opposition to Councilmember Garofalo's defense and indemnification request. Mr. Messner concurred with the previous speakers in that considering legal representation at this time is premature. (City Council) Approved Move for Agendized Closed Session Item be Held in Open Session (Pursuant to Motion Made at 5:00 p.m. Portion of the Meeting) Re: Councilmember Garofalo's Request for Defense and Indemnification for a Pending Fair Political Practices Commission/ District Attorney Investigation (630.10) A.motion was made by Councilmember Dettloff to move forward to the 7:OO p.m. portion of the Council meeting in order to consider in open session, the agendized closed session item on Councilmember Garofalo. The motion carried unanimously with all present, Garofalo absent. (City Council) Joint Study Session of the City Council and the Citizens Participation Advisory Board (CPAB) to Review CPAB/Staff Recommendations for the 2001/2002 Community Development Block Grant (CDBG) Program (340.70) Citizen Participation Advisory Board — Roll Call Present: Jeff Lebow, Jim Moreno, Jackie Canigiani, Stan Cohen, Lorraine DeMers, Steve Garcia, Jim Hayden, Patricia Jacobs-Pilette, Jerry Lipson, Roy Richardson, Charles Tyler Absent: Floyd Phillips, Diane Thomas, Phil Zisakis The City Council and the Citizens Participation Advisory Board (CPAB) reviewed the CPAB and staff recommendations for the Community Development Block Grant (CDBG) allocations for the upcoming 2001/2002 program year. (A matrix titled City of Huntington Beach Community Development Block Grant Program is included in the agenda packet.) Economic Development Director David Biggs introduced Luann Brunson, Senior Administrative Analyst who gave an oral staff presentation. Ms. Brunson informed Council of the process used by staff to review the grant applications, address program priorities and hear the recommendations of each applicant. Senior Analyst Brunson thanked the CPAB members for their diligent efforts on behalf of the city. (3) June 4,201 - Council/Agency Minutes - Page 3 City Administrator Ray Silver called attention to the chart included in the agenda packet titled City of Huntington Beach - Community Development Block Grant Program, announcing that his office brought forward the recommendations listed as Staff Recommendation B. He emphasized that this alternative option is a proposal to exclude all but city programs for funding. Mayor Julien Houchen pointed out for the Councilmembers' edification that the color version of the aforementioned matrix, which had been included in the agenda packet contains inaccuracies. Mayor Julien Houchen stated that a corrected version of this CDBG program summary report was distributed at the beginning of the study session. The revised black -and -white version of the matrix was submitted to the City Clerk's Office on June 4, 2001 as a Late Communication. Senior Administrative Analyst Brunson reiterated what is indicated in the legend of the revised chart: Italicized = Staff and CPAB not in concurrence. Bold = City programs. The revised matrix reflects the inclusion of the following agencies which were missing the color - coding to indicate that staff and CPAB are not in agreement in their recommendations. All such designations are replaced on the revised chart by italics (as stated in the legend above): 1. PS4, Boys & Girls Club, . 2. PS7, Council on Aging 3. PS10, Huntington Beach Community Clinic 4. PS15, Project Self Sufficiency 5. PS16, Seniors Outreach Senior Administrative Analyst Brunson provided several timelines: June 7, 2001: next regular meeting of the CPAB July 5, 2001: tentatively scheduled meeting of the CPAB July 16, 2001: proposed public hearing date for CDBG recommendations City Administrator Silver announced that he had distributed a memorandum to the Mayor and the City Council requesting their prioritization of all the programs. CPAB Chairperson Jeff Lebow delivered a brief oral communication. Mr. Lebow informed Council of his planned departure after eight years of service on the CPAB. He expressed his gratitude for having had the opportunity to play a vital role in city services. Chair Lebow acknowledged CPAB member Jackie Canigiani for her invaluable contribution in changing the input forms used in the application process. Mr. Lebow elaborated on CPAB's rationale for the Oakview Skateboard Park recommendation, stating that it would provide a safe environment away from traffic on the streets for children to play in the Oakview neighborhood enhancement area. (4) June 4, 2001 - Council/Agency Minutes - Page 4 Discussion was held regarding the inavailability of discretionary dollars as the reason why staff had $10,000 grant recommendations chiseled down to $5,000 in several instances, such as the Boys and Girls Club and the Seniors Outreach Program. CPAB member Stan Cohen announced his intent to leave. the board after eight years as well. He voiced his opposition to Staff Recommendation B, Alternative Option, stating that Federal funding should not be used for city programs. Mr. Cohen requested that Council consider the Staff and CPAB Recommendations only. In response, City Administrator Silver reported on the financial problems faced by the city, including the Howard Jarvis Tax Refund lawsuit and the energy crisis. Councilmember Boardman, Council Liaison to the CPAB expressed her appreciation to its members for their rational, logical deliberations and compromise in moving a long way toward Alternative B. CPAB member Roy Richardson stated that the Boys and Girls Club has the power to get outside funding; as the reason why the grant amount was disbursed among other programs. Councilmember Bauer reported on issues related to the state budget, that according to State Controller Kathleen Connell, state legislation can take every cent of the city's property tax revenue. Further discussion of budgetary concerns ensued regarding the city's vehicle license fee and the sales tax revenue. Also mentioned was the rate decrease from 5% to 2% that the city can collect from the utility tax. It was reiterated that an estimated $22 million shortfall in the General Fund revenue may result in having to finance city programs from the Community Development Block Grant funds and in eliminating funding for social programs. City Administrator Silver declared that the three potential liabilities of the city that need to be addressed are: 1.) Police; 2.) Fire; and 3.) the infrastructure. Mayor Julien Houchen thanked the CPAB and staff for their reports. Motion to Recess to Closed Session — Approved A motion was made by Green, second Cook 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 1. (City Council) Closed Session — Pursuant to Government Code Section 54956.8 to give instructions to the city's negotiator, Ron Hagan, Director of Community Services; and Matt Lamb, Real Estate Services Manager; regarding negotiations with David Elliott of Charles Dunn Inc. representing Lasalle Bank, and any other designated representative of Lasalle Bank concerning the purchase / sale of the property located at 18800 Delaware Street, Huntington Beach, California, APN 159-121-25, 26, 30, 31. Instructions will concern (5) June 4; 2001 - Council/Agency Minutes - Page 5 Price and Terms of Payment. Subject: Real Estate Negotiations re: 18800 Delaware Street (Pacifica Tower). (120.80) 2. (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 Edward Resek v. City of Huntington Beach, et al.; USDC Case No. CV 99-09909. The following agendized Closed Session Item No. 3 was held in open session pursuant to an approved motion made at the 5:00 p.m. portion of the meeting to move forward to the 7:00 p.m. portion: 3. (City Council) Closed Session — Pursuant to Government Code Section 54956.9(b)(2)(B) to confer with its city attorney regarding pending litigation. (Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against a member of the Board of the agency and that are know to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced.) Subject: In the Matter of the Request of Councilmember David Garofalo for Defense and Indemnification for a Pending Fair Political Practices Commission/District Attorney Investigation. (120.80) 4. (City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation. Based on existing facts and circumstances, the. legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Number of Potential Cases: Three. Subject: Nuisance Properties —Abatement. (120.80) 5. (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 Huntington Beach v. KJ Enterprises, et al., Orange County Superior Court Case No. 01CC04184. Subject: City of Huntington Beach v. KJ Enterprises, et al. (120.80) Reconvened City Council/Redevelopment Agency Meeting — 7:15 P.M. City Council -Redevelopment Agency Roll Cal Present Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer Absent Garofalo (City Council) City Attorney's Report of Action Taken by the City Council in Closed Session on June 4, 2001 (Pursuant to Government Code Section 54957.1(a)(3)(B)) — City Council Initiated Litigation Re: Unidentified Matter (120.80) City Attorney Gail Hutton reported that on Monday, June 4, 2001, the City Council convened in closed session to discuss whether to initiate litigation regarding a matter that need not be identified prior to formal commencement of the action. The City Council voted to initiate a permanent injunction against a party that shall be disclosed upon inquiry once the action is formally commenced. (6) June 4, 2001 - Council/Agency Minutes - Page 6 The action, the defendants and other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the City's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize the city's ability to conclude existing settlement negotiations to its advantage. The Council voted unanimously, with Garofalo absent. (City Council) City Attorney's Report of Action Taken by the City Council in Closed Session on June 4, 2001 (Pursuant to Government Code Section 54957.1(a)(3)(B)) — City Council Authorized City Attorney to Appeal the Interlocutory Order in the Matter of Edward Resek v City of Huntington Beach, et al. (120.80) City Attorney Gail Hutton reported that on Monday, June 4, 2001, the City Council convened in closed session to discuss whether or not to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 in the matter of Resek v. City of Huntington Beach, et al., U. S. District Court No CV 99-09909. The City Council voted to authorize the City Attorney to proceed with an appeal of the interlocutory order of Judge Morrow to the Ninth Circuit Court of Appeals. The Council voted unanimously, with Garofalo absent. Flag Ceremony and Pledge of Allegiance — Junior Girl Scout Troop 809, Eader School, Huntington Beach. Becky Jones, Leader. Invocation — Led by.Kendra Shanley Mayor Julien Houchen extended condolences to Police Officer Thomas "Mike" Grahovac on the loss of his wife to cancer. The Mayor expressed "get well" wishes to Kelly Shanley, Public Information Office employee, who is responsible for the coordination of the presentations, pledges, and the invocation portion of the Council meeting. Kelly's daughter Kendra delivered the invocation during this evening's meeting. 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: Communication dated June 4, 2001 from Bob Polkow transmitting his support for the Closed Session Item (held in open session pursuant to motion made at 5:00 p.m. portion of meeting) relating to Councilmember Garofalo's request for Defense and Indemnification for a pending Fair Political Practices Commission/District Attorney investigation. Communication titled Support for Our Elected Officials (Agendized Closed Session Item No. 3). Revised Community Development Block Grant Program Summary submitted by the Economic Development Department to the City Clerk's Office on June 4, 2001. Summary titled City of Huntington Beach Community Development Block Grant Program. Communication dated June 4, 2001 from the Director of Economic Development/Deputy Executive Director transmitting a narrative that describes recent revisions that were made to the project deal terms and a slide show presentation (slide show presentation titled Bowen Court (7) June 4, 2001 - Council/Agency Minutes - Page 7 Senior Apartments Affordable Housing Project — City of Huntington Beach — June 4, 2001— Agenda Item D-1). Communication titled Late Communication for Agenda Item D-1. Communication dated June 4, 2001 from the Director of Economic Development transmitting minor changes made, at the request of the developer, to the Development and Disposition Agreement re: Bowen Court and the corrected pages to be substituted into the Agreement. Communication titled Late Communication Regarding Item No. D-1 on the City Council/Redevelopment Agency Agenda for the June 4, 2001 City Council/ Redevelopment Agency Meeting — Bowen Court Senior Affordable Housing Facility. Communication from the City Attorney dated June 4, 2001 re: Item No. E-19 on the city Council Agenda of June 4, 2001 entitled "Approve First Amendment to Professional Services Contract Between the City and Muni Financial for the Holly Seacliff Impact Fee (PLC Land Company, Developer). Slide show presentation submitted by the Building and Safety Department to the City Clerk's Office on June 4, 2001. Slide show presentation titled City of Huntington Beach Microturbine Project. The documents regarding the Closed Session item no. 3 relating to Councilmember Garofalo's request for defense and indemnification for a pending Fair Political Practices Commission/ District Attorney investigation (held in open session pursuant to a motion made at 5:00 p.m. portion of meeting) was made available later in meeting. (630.10) Presentation - By Mayor Pam Julien Houchen to Tom Hernandez, Golden West College International Symphonic Band, for contributions to the arts and youth of the community. Presentation — By Mayor Pam Julien Houchen to area high school students who have served as a member of the Human Relations Task Force. Councilmembers Shirley Dettloff and Ralph Bauer will assist the Mayor in presenting certificates: Jay Wu Marina High School Hadeel EI-Ahraf Edison High School Shannon Inouye Huntington Beach High School . Mai Dang Ocean View High School Sharon Singer Fountain Valley High School Katie Sotolongo Westminster High School Mark Edwards Huntington Beach High School Presentation — From Ron Shenkman, Senior Vice President of Rainbow Disposal Co., to Mayor Pam Julien Houchen and the City Council; a check for $1,500 for the Huntington Beach Library Patrons Foundation for the Oakview Library Branch. Former Mayor Norma Brandel Gibbs accepted on behalf of the Oakview Library. (City Council) Held in Open Session — Agendized Closed Session Item (Pursuant to Motion Made at 5:00 p.m. Portion of Meeting) Re: Councilmember Garofalo's Request for Defense and Indemnification for a Pending Fair Political Practices Commission/District Attorney investigation (630.10) Mayor Julien Houchen announced the subject matter of Closed Session Item No. 3 regarding Councilmember Garofalo's request for defense and indemnification for a pending Fair Political Practices Commission/District Attorney investigation. (8) June 4, 2001 - Council/Agency Minutes - Page 8 City Attorney Gail Hutton reported that the communication her office received from Councilmember Garofalo's attorney, Mr. Stephen Churchwell will be made available for Council consideration. City Attorney Hutton referred to FPPC (Fair Political Practices Commission) Government Code §1090. She stated that it is within the Council's sound discretion to make findings to approve payment of Councilmember Garofalo's defense counsel pending a criminal, or quasi - criminal investigation. City Attorney Hutton informed that if the city provides such defense, Council approval will be required to authorize the expenditure from a Risk Management breakout fund. City Attorney Hutton stated that Defense Counsel Churchwell submitted communication relative to issues on Government Code §995 and 995.8 regarding criminal and quasi -criminal action. She informed that Mr. Churchwell cited cases in which the conclusion of the FPPC had been to allow the defendant to participate in such decisions. A motion was made by Boardman, second Cook that the city not provide funds for Councilmember Garofalo's defense, and not defend in his indemnification. Councilmember Green initiated further discussion with regard to the FPPC Government Code on criminal and quasi -criminal action. In response to Mayor Pro Tern Cook's inquiry as to whether there is a precedent set of paying fees accrued prior to a request for defense, City Attorney Hutton stated that there has not been enough time to evaluate the matter. Mayor Pro Tern Cook announced that questions should be directed to the Fair Political Practices Commission, and not the City Attorney, who represents the city. The motion on the table made earlier by Boardman, second Cook carried by the following roll call vote: AYES: Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: Green ABSENT: Garofalo Public Comments Colin Burns announced the Edison High School "Grad Night" activities to take place on June 14, 2001 and requested the escort services of the Police Department to assist and coordinate the off -site event. Mr. Burns commended the work of Community Liaison, Police Officer Sergeant Janet Perez. City Administrator Ray Silver responded to the previous speaker, Mr. Burns and requested that he submit his request in writing to Chief Ronald Lowenberg. Michael Ramsey stated his objection to the agenda item requesting Council approval for hiring an outside consultant from MuniFinancial for the Holly-Seacliff Traffic Impact Fee study as unwarranted. (9) June 4, 2001 - Council/Agency Minutes - Page 9 Joey Racano voiced his opposition to the Section 301 (h) waiver given to the Orange County Sanitation District. He spoke in support of the process of a secondary treatment of water, and requested that the Sanitation District comply with the Federal Clean Water Act. Mr. Racano displayed a poster with his organization's website: www.littleshell.org. John De Witt spoke regarding the poor condition of downtown alleys, trash scavengers, and curbside traffic problems, especially along Pacific Coast Highway. He requested continuance of a General Fund line item for alley maintenance and repair of asphalt deterioration. Mr. De Witt presented recommendations for code enforcement, including cooperation from Rainbow Disposal to place environmental messages on trashcans prohibiting scavenging, and that volunteer clean-up days be held. Dean Albright spoke in favor of Councilmember Garofalo's agenda item on pool safety, stating that self -closing and self -latching gates be required. He requested if motion detector owners will be liable as are alarm owners, for false alarms. Mr. Albright spoke regarding the importance of teaching children to swim. , Don McGee spoke in opposition to the public hearing agenda item requesting Council approval of the Bowen Court Senior Housing Project for cost reasons. He requested the expenditure of money be spent on the purchase of mobilehomes for seniors. Mr. McGee lodged complaints against the Section 301 (h) waiver provided to the Orange County Sanitation District and against overbuilding in the city. Norm Westwell spoke in opposition to many items on the agenda as unnecessary and costly. Mr. Westwell voiced the opinion that funds should not be expended on items which he does not consider to be city business, especially in light of the fact that the city has a 5% General Fund shortfall. Lou Baker questioned why lights in the beach and pier areas are on all night during the energy crisis. Mr. Baker requested alternative sources be implemented, such as the exploration of solar energy. Tyler Jordan extended his best wishes to Council; urging voter turn -out for the school bond election on June 5, 2001. Ron Davis stated his intent to provide a legal opinion that every document reviewed at this Council meeting becomes a matter of public record to be made immediately available. Mr. Davis requested that all communications presented at this meeting to Council regarding Councilmember Garofalo's request for defense and indemnification be made immediately available. Mayor Pro Tern Cook announced that the documents would be copied and made available during this meeting. (City Council) Continued to June 18, 2001 - Selection of Public Works Commissioners by the Mayor, the Mayor Pro Tern and Councilmembers Dettloff and Bauer (Coincidental with Respective Terms of Office) —Appointment of Dean Albright by Councilmember Boardman —Appointments of the Representatives of Councilmembers Garofalo and Green in 2003 (when Terms of Current Members Expire) (110.20) The City Council considered a communication received from the Public Works Director transmitting that the resignation of Public Works Commissioner George Snyder has created a (10) June 4, 2001 - Council/Agency Minutes - Page 10 vacancy on the Commission. Also, due to the term expiration of four additional commissioners, the City Council is now required to implement the provisions of Chapter 2.111 of the Municipal Code. A motion was made by Dettloff, second Cook to approve the process for City Councilmember appointment of Public Works Commissioners in accordance with Chapter 2.111 of the Municipal Code, revised January 2001 per the actions in the following actions: 1. Authorize Mayor Pro Tern Cook to fill the vacancy of Commissioner Snyder by appointing a new commissioner whose term would be coincident with that of Mayor Pro Tern Cook: Mayor Pro Tern Cook announced that she will name her appointment at the next meeting; and 2. Authorize City Councilmember Boardman to appoint a commissioner whose term would be Coincident with that of Councilmember Boardman: Councilmember Boardman appointed Dean Albright as Public Works Commissioner; and 3. Fill the remaining three commissioners' terms, due to expire June 30, 2001, by casting lots at the June 4, 2001 City Council meeting to determine the order of selection among the remaining five City Councilmembers: Mayor Julien Houchen, and Councilmembers Bauer and Dettloff will make their selections at the next meeting. Councilmembers Garofalo and Green are to appoint their representatives when the terms of the current members expire in 2003. The motion carried unanimously with all present, Garofalo absent. (City Council) Received Report Made by Councilmember Green in Response to Public Comments Re: the Section 301 (h) Waiver Provisions for the Orange County Sanitation District (1020.50) Councilmember Green reported on the Section 301-(h) waiver granted to O.C. Sanitation ._. District in response to public comments made by Mr. Racano. Councilmember Green presented an information sheet from the O.C. Sanitation District titled Answers to Questions about 301(h) Provision of the Clean Water Act. City Administrator's Report on the Community Connection Electronic Monthly Newsletter Published by the Public Information Office (PIO) (160.10) Director of Communications and Special Projects Rich Barnard presented a brief PowerPoint slide show and City Administrator Silver orally reported on the electronic newsletter — Community Connection. City Administrator Silver stated that for the last several months, the City's Public Information Office has been developing an electronic monthly newsletter titled, Community Connection. The March, April and May 2001 editions of Community Connection can be found on the city's web page at ci.huntington-beach.ca.us. (11) June 4, 2001 - Council/Agency Minutes - Page 11 Through the municipal water bill, the city has asked residents if they would like to sign up for a free subscription to the city's electronic newsletter. To date over 6,000 residents have signed up to receive the newsletter. The newsletter will be distributed by e-mail and fax to those individuals who have signed up. Also, a limited number of newsletters will be mailed to those residents who do not have e-mail or fax. The purpose of Community Connection is to provide up-to-date information about city programs, services, community events and issues that would be of interest to our local residents. We believe that the Community Connection newsletter distributed via e-mail and fax to local residents is the first of its kind in Orange County. Residents who would like to subscribe may contact Richard Barnard, Director of Communications at (714) 536-5577. City Administrator's Report — Announcement of Pier Plaza Presents 2001 Summer Concert Series Located at Pacific Coast Highway and Main Street (160.10) Community Services Director Ron Hagan presented an oral report that this summer the city will again be presenting a summer concert series sponsored by Chevrolet at Pier Plaza (located at the corner of Pacific Coast Highway and Main Street). The concert series began this month and will continue on various weekends throughout the summer with the next event scheduled for June 16-17, 2001. The Pier Plaza Art-a-faire is also held in conjunction with the events. For further information regarding specific dates and performers, please call (714) 374-1657. A brochure titled City of Huntington Beach Pier Plaza Presents — 2001 Season is included in the agenda packet. (City Council/Redevelopment Agency) Public Hearing — Approved the Disposition and Development Agreement (DDA) - as Amended with Minor Changes by the City Attorney - Providing for the Lease of Real Property within the Merged Redevelopment Project Area of the City of Huntington Beach to Merit Housing Corporation at 1968 Lake Street — Bowen Court Senior Affordable Housing Facility — Adopted Council Resolution No. 2001-34 and Agency Resolution Nos. 320 and 321 (600.30) Mayor/Chair Julien Houchen announced that this was the time scheduled for a joint public hearing to consider a communication from the Economic Development Director/Deputy Executive Director: The Disposition and Development Agreement (the "DDA") with Merit Housing Corporation (the "Developer") concerns the disposition of property which has been or may be acquired by the Redevelopment Agency of the City of Huntington Beach and leased to Merit Housing Corporation. The DDA provides for the lease of approximately 1.4 acres of parcels commonly known as 1968 Lake Street. The DDA includes the.terms for development of a senior affordable housing facility of approximately 20 residential one -bedroom units. The purpose of the joint public hearing is to consider: 1. The proposed lease of real property by the Agency to the developer. 2. The proposed terms and conditions of such lease of real property. 3. The proposed Disposition and Development Agreement. 4. All evidence and testimony for and against the approval of the Disposition and Development Agreement and the lease of real property and the terms and conditions therefore. (12) June 4, 2001 - Council/Agency Minutes - Page 12 The Agency prepared a Summary Report in connection with the Agreement that describes the specifics: a. The cost of the DDA to the Agency. b. The estimated value of the interests to be leased. c. The purchase price of the property to be leased. d. An explanation of why the lease will assist in the elimination of blight. e. Other pertinent analysis. Environmental Status - The environmental impacts of the proposed project have been analyzed in environmental impact reports and documents. Legal notice as provided to the City/Agency Clerk's Office by staff had been published and posted. Mayor/Chair Julien Houchen announced that due to the change in the proximity rules by the Fair Political Practices Commission (FPPC), she no longer has to abstain from participation in this public hearing as her residence is greater than 500 feet in distance from the proposed development site. Economic Develop ment/Executive Director David Biggs presented the PowerPoint slide report titled Bowen Court Senior Apartments Affordable Housing Project — City of Huntington Beach — June 4, 2001— Agenda Item D-1, announced earlier as a Late Communication by the City/Agency Clerk. Council/Agency Member Boardman ascertained from Economic Development/Deputy Executive Director Biggs that the seniors are 62 and older. Mayor/Chair Julien Houchen opened the public hearing. Prior to announcing the names of speakers to make public testimony, the City/Agency Clerk announced the following Late Communications that pertain to the public hearing: Communication dated June 4, 2001 from the Director of Economic Development/Deputy .__ Executive Director transmitting a narrative that describes recent revisions that were made to the project deal terms and a slide show presentation (slide show presentation titled Bowen Court Senior Apartments Affordable Housing Project — City of Huntington Beach — June 4, 2001— Agenda Item D-1). Communication titled Late Communication for Agenda Item D-1. Communication dated June 4, 2001 from the Director of Economic Development transmitting minor changes made, at the request of the developer, to the Development and Disposition Agreement re: Bowen Court and the corrected pages to be substituted into the Agreement. Communication titled Late Communication Regarding Item No. D-1 on the City Council/Redevelopment Agency Agenda for the June 4, 2001 City Council/ Redevelopment Agency Meeting — Bowen Court Senior Affordable Housing Facility. Steve Olim, Lake Street resident, lodged his complaint that the public hearing was not properly noticed. He spoke in opposition to the proposed senior housing development for reasons of decline in property values. Mr. Olim requested that the public hearing be continued. (13) June 4, 2001 - Council/Agency Minutes - Page 13 Milt Inbody stated his opposition to the senior housing project, providing a timeline of the Bowen Court Senior Housing development beginning eight years ago. He spoke regarding issues of what he believes to be improper notification. Mr. Inbody expressed his understanding that the Chevron Company is willing to pay $885,000 to the city for the land site, and that the city must take the opportunity to review. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the hearing was closed by the Mayor/Chair. Council/Agency member Bauer ascertained from Director Biggs that the Redevelopment Agency has an obligation to provide inclusionary affordable housing. Responding to the testimonial given by a public speaker, Director Biggs stated that there is no charter requirement for noticing, and the Agency met and exceeded the legal requirement. Director Biggs informed Mayor Pro Tern Cook that maintenance is part of the Disposition and Development Agreement (DDA) and that covenants can be enforced. A motion was made by Dettloff, second Green to: 1. Temporarily waive the City's insurance requirements for the purpose of approving the Agency loan. Direct staff to ensure that insurance requirements as described in the Disposition and Development Agreement are met by Merit Housing Corporation by the close of escrow; and 2. Adopt Resolution No. 2001-34 approving the Disposition and Development Agreement between the Redevelopment Agency and Merit Housing Corporation for the construction of Bowen Court Senior Apartments — "A Resolution of the City Council of the City of Huntington Beach Approving a Disposition and Development Agreement with Bowen Court, L.P., for the Construction of Low Cost Housing." and 3. Approve as amended the minor changes set forth on pages 7 and 8 of the Disposition and Development Agreement that is included in the Late Communication submitted by the City Attorney/General Agency Counsel and the Economic Development/Deputy Executive Director dated June 4, 2001 re: Late Communication regarding Item No. 3-1 on the City CounciVRedevelopment Agency Agenda for the June 4, 2001 City Council/Redevelopment Agency Meeting — Bowen Court Senior Affordable Housing Facility. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Dettloff, Bauer NOES: Julien Houchen ABSENT: Garofalo (14) June 4, 2001 - Council/Agency Minutes - Page 14 A motion was made by Dettloff, second Green to: 1. Adopt Agency Resolution No. 320, a Disposition and Development Agreement between the Redevelopment Agency and Merit Housing Corporation for the construction of Bowen Court Senior Apartments — "A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving a Disposition and Development Agreement with Bowen Court, L.P., for the Construction of Low Cost Housing, and 2. Authorize execution and recordation of the DDA, all attachments, and other necessary related documents by the Agency Chairman and Clerk, when advised by the Agency General Counsel's Office; and 3. Adopt Agency Resolution No. 321 — "A Resolution of the Redevelopment Agency of the City of Huntington Beach Declaring Intention to Reimburse Expenditures from the Proceeds of Tax -Exempt Obligations and Directing Certain Actions," and 4. Approve as amended the minor changes set forth on pages 7 and 8 of the Disposition and Development Agreement that is included in the Late Communication submitted by the City Attorney/General Agency Counsel and the Economic Development/Deputy Executive Director dated June 4, 2001 re: Late Communication regarding Item No. 3-1 on the City CounciURedevelopment Agency Agenda for the June 4, 2001 City Council/Redevelopment Agency Meeting — Bowen Court Senior Affordable Housing Facility. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Dettloff, Bauer NOES: Julien Houchen ABSENT: Garofalo Consent Calendar — Items Removed for Separate Discussion The following items were removed from the Consent Calendar for separate discussion: (City Council) Appropriation of Funds for the Purchase of Battery Back Up Units for 10 Traffic Signals (320.45) (City Council) Resolution No. 2001-32 to Amend Memorandum of Understanding (MOU) with Management Employees Organization (MEO) to Provide for Specific Salary Adjustments (720.20) (City Council) First Amendment to Professional Services Contract Between the City and MuniFinancial for the Holly-Seacliff Traffic Impact Fee (PLC Land Company, Developer) (600.10) (15) June 4, 2001 - Council/Agency Minutes - Page 15 Consent Calendar — Items Approved On motion by Green, second Boardman, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Dettloff, Bauer (Julien-Houchen- ABSTAIN - May 21, 2001 minutes due to absence) NOES: None ABSENT: Garofalo (City Council/Redevelopment Agency) Approved Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of May 21, 2001 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (City Council) Approved Agreement with Robert J. Wheeler for Legal Services — Approved Modification to Insurance Requirements (600.10) —1. Approved Agreement between the City of Huntington Beach and Robert J. Wheeler for Legal Services and authorize the Mayor to execute and the City Clerk to attest to the agreement upon approval as to form by the City Attorney of evidence of professional liability insurance; and 2. Approved the automobile insurance and waiver of general liability insurance as recommended by the Settlement Committee. Submitted by the City Attorney. Funding Source: General Fund, Contract Legal Services Account. (City Council) Approved Plans and Specifications and Authorized Advertisement for Water Meter Boxes; WSC-016 (600.75) —1. Approved. the project plans and specifications and. authorize the Director of Public Works to request bids for the replacement of various water meter boxes throughout the City (WSC-016); and 2. Approved the attached sample contract, subject to award of the contract to the lowest responsible/responsive bidder. Submitted by the Public Works Director. Funding Source: $35,000 Water Fund, Water Meters. (City Council) Approved Amendment of City Budget to Increase City Attorney's Legal Services Account for Outside Legal Services for FY 2000-2001 (320.45) — Approved and authorized the Director of Administrative Services to appropriate $435,000 from the General Fund Balance to the City Attorney's Legal Services Account to fund the remainder of anticipated costs for outside legal counsel for fiscal year 2000-2001. Submitted by the City Attorney. Funding Source: General Fund, Unreserved/ Undesignated, $435,000. (City Council) Accepted the Bluff Top Park Railing Replacement Project, CC-1134 Completed by Landmark Fence Company and Authorized the City Clerk to File a Notice of Completion (600.65) — Accepted the Bluff Top Railing Replacement Project completed by Landmark Fence Company, Cash Contract 1134, at a final cost of $182,535.54, and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the Community Services Director. Funding Source: General Fund Budget. (City Council) Approved the Release of Securities for Tract No. 15691 and Accepted the Public Improvements — Heritage Communities — SM Corner of Goldenwest Street and Ellis Avenue — File Notice of Acceptance of Public Improvements (420.60) — 1. Accepted the improvement constructed and dedicated for public use with Tract No. 15691; and 2. Released Heritage Communities, Faithful Performance/Labor and Material Bond No. 444113P (Developers Surety & Indemnity Co.) and Monument Bond No. 444114S pursuant to California -Government Code Section No. 66499.7; and 3. Accepted Heritage (16) June 4, 2001 - Council/Agency Minutes - Page 16 Communities Guarantee and Warranty Bond No. 444113P, the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Heritage Communities, of this action, and the City Treasurer to notify the Surety, Developers Surety and Indemnity Company, of this action; and 5. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. Submitted by the Public Works Director. Funding Source: Not Applicable. (City Council) Approved Non -Standard Affiliation Agreement with Coast Community College District for Participation by Golden West College Student Nurses in Community Experience Rotation at Michael E. Rodgers Senior Center (600.10) — Approved the Non -Standard Affiliation Agreement between the City and Coast Community College District ' and authorize the Mayor and City Clerk to execute. Submitted by the Community Services Director. Funding Source: Not Applicable. (To provide for community experience rotation of student nurses at Michael E. Rodgers Senior Center.) (City Council) Adopted Resolution No. 2001-30 Authorizing Application for California Department of Conservation Grant for Beverage Container Recycling, Litter Clean -Up Projects — Public Education (340.80) — Adopted Resolution No. 2001-30 — `A Resolution of the City Council of the City of Huntington Beach Authorizing the Application for Grant Monies from the a California Department of Conservation for Recycling and Conservation Measures in the City." Submitted by the Public Works Director. Funding Source: Potential Department of Conservation non-competitive grant valued at $57,328. No matching funds are required. (Redevelopment Agency) Approved as to Form the Office Space Lease between Abdelmuti Development Co. and Core Holdings Inc. - Oceanview Promenade— Suite 200 (Formerly Suite 2A) — Main Pier Redevelopment Area (600.30) — Approved as to form the Office Space Lease between Abdelmuti Development Company, as Landlord and Core Holdings, Inc., as Tenant for Suite 200 (Formerly Suite 2A) of Oceanview Promenade pursuant to the Owner Participation Agreement. Submitted by the Deputy Executive Director. Funding Source: Redevelopment Tax Increment. (City Council) Adopted Resolution No. 2001-31 for a Local Pavement Management Plan for Measure M Eligibility — Proposed by Lorick Associates Consulting (800.10) — Adopted Resolution No. 2001-31 — "A Resolution of the City Council of the City of Huntington Beach Providing for the Certification of the Local Pavement Management Plan." Submitted by the Public Works Director. Funding Source: Not required for this action. The Measure M Program is, however, a source of both turnback funds ($1.5 million) and potential grant funding. (City Council) Approved Affordable Housing Agreement for Stellko Properties, Owner Doug Kerstner — (Agreement Containing Covenants Affecting Real Property) - Edwin Lee and Joann D. Koll (30 Unit Apartment Project at 1301 Delaware St.) (600.30) Approved the Agreement Containing Covenants Affecting Real Property (Affordable Rental Housing) by and between the City of Huntington Beach and the Edwin Lee Koll and Joann D. Koll and authorize the Mayor and City Clerk to sign and execute. Submitted by the Planning Director. Funding Source: Not Applicable. (Per Conditional Use Permit No. 99-7) (City Council) Approved City Council Position on Legislation Pending Before the State Legislature and Congress as Recommended by the City Council Intergovernmental Relation Committee (640.90) — The City Council Intergovernmental Relations Committee has reviewed the legislation below and is recommending that the City Council take action on the (17) June 4, 2001 - Council/Agency Minutes - Page 17 following items and authorized the Mayor to send letters reflecting the City's position to the legislators: Motion: Support HR 701 (Young) The Federal Conservation and Reinvestment Act (CARA) which would provide federal funds for acquisition and preservation of natural and historic resources. Motion: Support AB 63 (Cedillo) — Taxation Disclosure — which would authorize the Franchise Tax Board (FTB) to provide cities certain taxpayer information intended to help cities identify taxpayers subject. to the business license tax. Motion: Support ACA 10 (Cogdill) Local Government Property Taxes —which amend the State Constitution, to cap. the property tax shifts from cities, counties, and special districts to the Educational Revenue Augmentation Fund (ERAF) in each county. Motion: Oppose AB 1050 (Kehoe) — Brown Act — which would further restrict the types of real estate negotiations which could be discussed in closed session. Motion: Support SB 27 (Brulte) — Local Law Enforcement Funding. Motion: Support SB 844 (Chesbro) — School Facilities Bond Act. Motion: Oppose Cuts in the Clean Beaches Initiative — The May 2001 revisions to the Governor's Budget reduce the funding for clean beaches from $100 million to $10 million. Submitted by Administration. Funding Source: None Required. (City Council) Approved Second Amendments to Two Contracts Between the City and Community Services Programs, Inc. (CSP) for (1.) Juvenile Diversion and (2.) Gang Prevention and Intervention Programs (600.10) —1. Approved and authorized the Mayor and City Clerk to execute Amendment No. 2 to Agreement between the City of Huntington Beach and Community Service Programs, Inc. (CSP) for Implementation and Management of the Juvenile Diversion Program for the amount of $77,336; and 2. Approved and authorized the Mayor and City Clerk to execute Amendment No. 2 to Agreement between the City of Huntington Beach and Community Service Programs, Inc. (CSP) for Gang Prevention and Intervention Services for the amount of $41,757; and 3. Authorized the Police Chief to expend up to $77,336 for the Juvenile Diversion Program and up to $41,757 for the Gang Prevention and Intervention Program. Submitted by the Police Chief. Funding Source: Two General Fund Accounts - $77,336 in General Investigations and $41,757 in Patrol. (City Council) Approved Subgrantee Agreement Between the City and Community Services Programs, Inc. (CSP) for Policing Contract Services to Combat Domestic Violence Against Women (600.10) —1. Approved and authorized the Mayor and City Clerk to execute Subgrantee Agreement between the City of Huntington Beach and Community Service Programs, Inc. (CSP), Domestic Violence Services for Community Policing to Combat Domestic Violence Program Funds, and 2. Authorized the Police Chief to expend up to $41,757 for Violence Against Women Counseling Services. Submitted by the Police Chief. Funding Source: Office of the Criminal Justice Planning (OCJP) Domestic Violence Grant - $90,000 and a matching cash grant from the General Fund Patrol Account - $30,000. (City Council) Approved Agreement between the City and the County of Orange for Federal Beach Erosion Control Project, Stage 11 for Sand Replenishment (600.25) 1. Approved Agreement - Federal Beach Erosion Control Project Stage 11 with the County of Orange, and direct the Mayor and City Clerk to execute same; and 2. Authorized the Director of Administrative Services to transfer $53,413 into Contractual Services account #10045101.69450 from Professional Services account #30160101.69365 for the Federal Beach Erosion Control Project, Stage 11, for sand replenishment. Submitted by the Community Services Director. Funding Source: General Fund. Recommended Action No. 2 above describes funding that was identified for use by the Planning Department for processing and monitoring of the Bolsa Chica development, but will not be used for that purpose this fiscal year. (18) June 4, 2001 - Council/Agency Minutes - Page 18 (City Council) Approved in Substantial Form Camping Agreements for the Junior Guard Program Overnight Field Trip on July 11 and 12, 2001 to Newport Dunes and Approved Waiver of Indemnity Clause Insurance Provisions (600.10) —1. Approved in substantial form the camping agreements with Newport Dunes for the July 11 and 12, 2001 overnight field trip for the Junior Guard Program, and authorize Ron Hagan, Director of Community Services, to execute the agreements on behalf of the city; and 2. Accepted the indemnification clause in Section 5 of the General Provisions of the Beach Camping Contract Policies. Submitted by the Community Services Director. Funding Source: Fee -based program. (City Council) Appropriated Funds for the Purchase of Battery Back Up Units for Ten Traffic Signals in Response to the Energy Crisis (Rolling Blackouts) (320.45) The City Council considered a communication from the Police Chief and the Public Works Director requesting that the City Council approve the appropriation of $50,000 from the General Fund, into Account No. 10085304.84400, Traffic Signal Maintenance for the purchase and installation of battery back up units for ten traffic signals. The staff report jointly submitted by Police Chief Ronald Lowenberg and Public Works Director Robert F. Beardsley sets forth that the proposed expenditure is required for this unanticipated emergency. The ten intersections identified as having the highest priority for installation of battery back up units are: 1. Adams Avenue and Magnolia Street; 2. Adams Avenue and Brookhurst Street; 3. Bolsa Chica Street and Edinger Avenue; 4. Bolsa Chica Street and Warner Avenue 5. Brookhurst Street and Garfield Avenue 6. Brookhurst Street and Hamilton Avenue; 7. Goldenwest Street and Edinger Avenue; 8. Goldenwest Street and Warner Avenue; 9. Warner Avenue and Edwards Street; and 10. Warner Avenue and Springdale Street. Councilmember Bauer requested that this agenda item be removed from the Consent Calendar for separate discussion. Councilmember Bauer inquired regarding the Analysis portion of the staff report on the option of converting the signals to yellow light -emitting diodes (LEDs). In response, Interim Transportation Manager Tom Brohard reported that CalTrans has converted to the yellow LEDs but that staff is recommending the option of a flashing red light operation. Councilmember. Boardman expressed her surprise that Beach Boulevard and Edinger Avenue was not on the list, to which Transportation Manager Brohard answered that the City of Westminster is implementing its plans for that intersection in mid -June. A motion was made by Bauer, second Boardman to approve the appropriation of $50,000 from the General Fund, into Account No. 10085304.84400, Traffic Signal Maintenance for the purchase and installation of battery back up units for ten traffic signals. The motion carried by the following roll call vote: AYES: Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: None ABSENT: Garofalo (Green out of the room) (19) June 4, 2001 - Council/Agency Minutes - Page 19 (City Council) Adopted Resolution No. 2001-32 to Amend Memorandum of Understanding (MOU) with Management Employees Organization (MEO) to Provide for Specific Salary Adjustments (720.20) The City Council considered a communication from the Director of Administrative Services requesting that the City Council approve entering into a Side Letter of Agreement to amend its memorandum of understanding (MOU) with the Management Employees' Organization (MEO) to provide for specific salary adjustments. Councilmember Boardman requested that the agenda item be removed from the Consent Calendar for separate discussion. Councilmember Board inquired regarding page E-14.8 of the staff report. Administrative Services Director Clay Martin reported that the chart addresses the six classifications proposed for a salary range adjustment, which he stated is an increase of one- half percent. City Administrator Silver clarified the relationship of the classifications to each other, the market cost, and the rate adjustment schedule. A motion was made by Boardman, second Dettloff to adopt Resolution No. 2001-32 —'A Resolution of the City Council of the City of Huntington Beach Amending Resolution 2000-9, Pertaining to Approval of the 12/25/99 Through 12121101 Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Management Employees' Organization." The motion carried by the following roll call vote: AYES: Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: None ABSENT: Garofalo (Green out of the room) (City Council) Continued to June 18, 2001 for Additional Information Re: the First Amendment to Professional Services Contract between the City and MuniFinancial for the Holly-Seacliff Traffic Impact Fee (PLC Land Company, Developer) (600.10) The City Council considered a communication from the Chief of Police requesting that the City Council approve and authorize the Mayor and City Clerk to execute the First Amendment to Professional Services Contract between the City of Huntington Beach and MuniFinancial for Traffic Impact Fee Study to complete preparation of the Holly-Seacliff Impact Fee Report. The staff report sets forth that MuniFinancial was the firm selected to prepare the Holly-Seacliff Traffic Impact Fee Report. It was originally estimated that the cost of this work would not exceed $20,000. Consequently, pursuant to the Municipal Code, City Council approval of the contract was not necessary.. Since then, the work necessary to complete this project has, expanded to a revised budget of $35,000. Accordingly, Council approval is requested for the contract amendment. Mayor Pro Tern Cook requested that the agenda item be removed from the Consent Calendar for cost reasons. She referred to page E-19.8, Exhibit A of the staff report. Mayor Pro Tern Cook queried why staff is unable to conduct the community hearing proposed to be conducted by the consultant. (20) June 4, 2001 - Council/Agency Minutes - Page 20 Public Works Director Beardsley reported on limited staff resources. Director Beardsley addressed phases used to establish the baseline of public meetings. Councilmember Boardman stated her concurrence with Mayor Pro Tern Cook's concerns. She expressed the opinion that a report should have been included in the contract. A motion was made by Bauer, second Dettloff to approve and authorize the Mayor and City Clerk to execute the First Amendment to Professional Services Contract between the City of Huntington Beach and MuniFinancial for Traffic Impact Fee Study to complete preparation of the Holly-Seacliff Impact Fee Report. The motion failed by the following roll call vote: AYES: ,Julien Houchen, Dettloff, Bauer NOES: Green, Boardman, Cook ABSENT: Garofalo City Attorney Gail Hutton reported on the PLC Land Company in regard to the Holly Seacliff Agreement to use "best effort" and to move forward and proceed with the Development Plan. City Attorney Hutton informed Council that failure of this motion places the Holly Seacliff Agreement at risk. Councilmember Dettloff invited a Councilmember to change the no vote. Mayor Pro Tern Cook informed Council that she will vote to reconsider and direct staff to return at June 18, 2001 meeting with detailed information. A motion was made by Boardman, second Cook to reconsider Council's previous fie vote action. The motion carried unanimously with all present, Garofalo absent. A motion was made by Boardman, second Cook to continue to June 18, 2001 to receive additional information required by Council. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: None ABSENT: Garofalo (City Council) Approved Microturbine Site Agreement with South Coast Air Quality Management District (SCAQMD) and Authorized Staff to Proceed with a Sole Source Contract with Capstone California for Installation of Microturbines and Site Improvements (600.20) The City Council considered a communication from the Building & Safety Director transmitting a proposed agreement with South Coast Air Quality Management District (SCAQMD) to accept the donation of two (2) 30-kw Microturbines and related equipment to modify existing flare gas to power said microturbines, and authorize staff to proceed with a sole -source contract with Capstone California for installation, at a cost not to exceed $150,000. Director of Building and Safety Ross Cranmer presented the PowerPoint presentation that had been announced earlier by the City Clerk as a Late Communication. The communication is titled City of Huntington Beach Microturbine Project. (21) June 4, 2001 - Council/Agency Minutes - Page 21 Councilmember Dettloff inquired if the backup unit will be in daily use, to which Director Cranmer responded in the affirmative that the system will remain online. Mayor Pro Tern Debbie Cook thanked Director Cranmer for "spearheading" the project in addition to handling the AES Huntington Beach power plant project. A motion was made by Cook, second Green to: 1. Approve and authorize the Mayor and City Clerk to sign and execute the signature page on the form titled City of Huntington Beach Signature Page of the South Coast Air Quality Management District Microturbine Site Agreement, and 2. Authorize the City Administrator to execute Page No. 3 of the South Coast Air Quality Management District Microturbine Site Agreement (SCAQMD) as the Authorized Representative of Site Owner; and 3. Authorize staff to proceed with a sole -source contract with Capstone California for the installation of said microturbines and site improvements at a cost not to exceed $150,000. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: None ABSENT: Garofalo (City Council) Directed City Attorney to Prepare a Feasibility Report and Recommendation Re: an Ordinance Requirement for the Fencing of Vacant Lots and Properties that Pose Attractive Nuisances to Surrounding Neighbors (570.60) The City Council considered a communication received from Councilmember Ralph Bauer requesting Council to consider directing the City Attorney to prepare an ordinance that requires the fencing of vacant properties. City Attorney Hutton addressed the question of whether an ordinance exists. She informed Council that her office will issue a report and a proposal. Councilmember Boardman spoke regarding equal protection under the law. Councilmember Boardman questioned whether the Police Department or Public Works can fence all empty lots as attractive nuisances. A motion was made by Bauer, second Green to direct the City Attorney's Office to return to Council with a report and recommendation regarding fencing of vacant properties. (City Council) Motion Failed to Adopt Resolution No. 2001-33 Suspending for FY 2001-2002 the Property Tax Override for Public Employee Retirement Benefits (CALPERS) (630.40) The City Council considered a communication received from Mayor Pro Tern Debbie Cook transmitting the following Statement of Issue: The City receives a pro-rata portion of the one - percent basic levy collected for all real property. In addition, the California Constitution allows cities to levy additional taxes for voter -approved indebtedness. Since voter approval in 1966, (22) June 4, 2001 - Council/Agency Minutes - Page 22 the City has levied an additional tax to pay for a portion of the City's retirement costs. At present, the City's retirement costs consist of contracts with the California Public Retirement System (CALPERS) and a supplemental retirement plan administered by the City. The estimated retirement costs for fiscal year 2001/2002 are $8,300.00 For several years, the City of Huntington Beach has levied a tax rate of $.04930 per $100 of assessed valuation to partially offset retirement costs. However, the recent Superior Court decision in Howard Jarvis Taxpayers Association vs. the City of Huntington Beach, suggests that the City reevaluate its method of funding these ongoing annual expenditures. The City Council has authorized appeal of the Superior Court's decision in the Jarvis lawsuit. Until this appeal is resolved, it is prudent to set the tax rate for fiscal year 2001/2002 at 0.0%. Councilmember Bauer read from the City Charter the rationale for property tax collection. He informed Council that he will not be able to support the item, stating his belief that the city is paying employees a fair retirement benefit in comparison with other cities. Councilmember Dettloff concurred with Councilmember Bauer, stating that the 5% shortfall in the General Fund resulting in the reduction of city services is going to make a difference in providing service to the community. A motion was made by Cook, second Boardman to adopt Resolution No. 2001-33 — "A Resolution of the City Council of the City of Huntington Beach Suspending for Fiscal Year 200112002 the Property Tax Override to Pay for Employee Retirement Benefits." The motion failed by the following roll call vote: AYES: Boardman, Cook, Julien Houchen NOES: Green, Dettloff, Bauer ABSENT: Garofalo (City Council) Status of Councilmember Boardman's Request for a Staff Report on Ocean View School Site Gymnasium Proposal (120.90) Mayor Pro Tern Cook requested an update on the above -captioned issue. City Attorney Hutton reported that Assistant City Attorney Paul D'Alessandro is preparing a legal opinion. (City Council) Continued to June 18, 2001 Re: Swimming Pool Safety - Direct Preparation of a Draft Ordinance to Require Upon Close of Escrow, the Installation of Motion Detectors in Properties with Pools (120.90) The City Council considered a communication received from Councilmember Dave Garofalo transmitting the following Statement of Issue: We lost another child to drowning, the second in the year 2001! 1 have had the opportunity to meet with staff members, professional water sport educators, and members of the water recreation industry. There is a myriad of devices, costing as low as $100.00, that could help save a child's life. The solution was brought forward by both public and private sector participants that very inexpensive motion detectors would help avoid this tragedy in the future. There is no absolute preventive method or policy; however, the following recommendation is a step in the right direction. I am not asking for emergency level efforts in an otherwise already burdened staff. Some research from other communities is available and I would hope we could see a draft before year-end. (23) June 4, 2001 - Council/Agency Minutes - Page 23 Councilmember Green informed Council that he had spoken to Councilmember Garofalo, who had reported that he is at the hospital with a very ill. close friend. On behalf of Councilmember Garofalo, Councilmember Green asked to make a motion to continue this item. A motion was made by Green, second Dettloff to continue to June 18, 2001 in regard to directing staff to submit a draft ordinance that would require upon the close of escrow the installation of a.motion detector in properties that have pools. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: None ABSENT: Garofalo 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 to Monday, June 18 2001, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City Clerk and ex-officio Clerk& the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: 49V�. , City Clerk -Clerk ayor-Chairman