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HomeMy WebLinkAbout2001-08-20Minutes 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, August 20, 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 5:00 p.m. in Room B-8. Council/Redevelopment Agency Roll Call Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff Absent: None (Bauer arrived at 5:04 p.m.) Late Communication Pursuant to the Brown (Open Meetings Act) the City Clerk announced a Late Communication which pertained to the study session item on the agenda: PowerPoint slide report submitted by the Department of Public Works titled City of Huntington Beach - City Council Workshop - Orange County Water District - Groundwater Basin Management Update. (City Council) Study Session — Received and Filed Update by Representatives of the Orange County Water District (OCWD) of the April 1999 Master Plan Report Including the OCWD Groundwater Basin Management Program (1000.80) Public Works Director Robert F. Beardsley introduced William R. Mills Jr., General Manager and John Kennedy, Assistant General Manager, of the Orange County Water District. Mr. Mills reported to the City Council on the progress made on the April 1999 Master Plan Report, which quantified the future increasing water demands on the Orange County groundwater basin. The Master Plan also outlines numerous projects and strategies to meet those demands. These include increasing the ability of the Water District to recharge water into the groundwater basin, removing colored water from the deep aquifers in the basin, diversification of water supply sources, and strengthening both the Talbert and Alamitos Barrier projects against seawater intrusion. Mr. Mills presented the PowerPoint report announced earlier by the City Clerk as a Late Communication titled City of Huntington Beach - City Council Workshop - Orange County Water District - Groundwater Basin Management Update. (2) August 20, 2001 - Council/Agency Minutes- Page 2 Topics of discussion included the following slide titles: 1. OCWD Basin Management Strategy and Program; 2. Groundwater Replenishment System; 3. Managing for Seawater Intrusion Control; 4. Additional Water Supplies for the Talbert Seawater Barrier, 5. Improvements to Alamitos Seawater Barrier Facility, and 6. New Management Programs Mr. Mills spoke regarding the latter title, describing the Coastal Transfer Pumping and Metropolitan Water District programs. Discussion was held regarding the Cypress waterline and the possibility in the future of a desalinization program. Councilmember Dettloff expressed concern over the projected growth of the city and the limits on water usage: Assistant General Manager John Kennedy responded to Mayor Pro Tem Cook's inquiry regarding the building of injection wells. Mr. Kennedy stated that the injection well program is expected to be completed by the year 2005. It was confirmed that all water to be received is wastewater Mayor Julien Houchen thanked the Water District representatives for the update Motion to Recess to Closed Session — Approved A motion was made by Dettloff, second Bauer to recess to Closed Session on the following items. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None Motion to Recess to Closed Session — Approved A motion was made by Boardman, 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, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (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 Opp v. City of Huntington Beach, et al.; Orange County Superior Court Case No. 748927. Subject: Opp v. City of Huntington Beach, et al. (120.80) (3) August 20, 2001 - Council/Agency Minutes- Page 3 (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 parry. The title of the litigation is City of Huntington Beach v. State Board of Control of the California Public Employees' Retirement System [PERS]; Court of Appeals Case No. G028210 consolidated with G026268 and G025673; Orange County Superior Court Case No. 816394. Subject: City of Huntington Beach v. State Board of Control of the California Public Employees' Retirement System [PERS]. (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 Mills Land & Water Company v. City of Huntington Beach, et al.; Court of Appeal Case No. G020490, Orange County Superior Court Case No. 739412 ("Mills I"); Mills Land & Water Company v. City of Huntington Beach, et al.; Orange County Superior Court Case No. 763624 ("Mills II"). Subject: Mills Land & Water Company v. City. (120.80) Reconvened City Council/Redevelopment Agency Meeting - 7:00 P.M. No Actions Taken Which Require a Reporting Pursuant to Government Code §54957.1(a) (3) (B)). Mayor Julien Houchen asked Assistant City Attorney Paul D'Alessandro if there were any actions taken by the City Council or Redevelopment Agency in Closed Session that required a reporting. Assistant City Attorney D'Alessandro responded that there were no actions to report. City Clerk Announced Late Communications Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced Late Communications received by her office which pertain to items on the agenda: Slide show presentation on the Study Session dated August 20, 2001 from the Department of Public Works titled City of Huntington Beach - City Council Workshop - Orange County Water District - Groundwater Basin Management Update. Slide show presentation dated August 20, 2001 from the Department of Public Works titled Public Works Capital Projects — 1999100 8 2000101 Program — Major Projects. Communication submitted by Carole Garrett to the City Clerk's Office on August 20, 2001 transmitting revised details relating to a previously submitted communication. Communication titled Conditional Use Permit No. 01-09 - Re: Double Frontage Lot in Tract 4880 - Revised Effective 8117101 (original submittal receipt date stamped 8-15-01) - Before the City Council on Monday, August 20, 2001. Communication dated August 20, 2001 from Shirley and Art deHeras transmitting their opposition to Conditional Use Permit No. 01-09. Communication dated August 20, 2001 from Randy T. Fuhrman transmitting his opposition to CDP 01-06 and CUP No. 01-09. Communication titled Public Hearing Item D-1, City Council Meeting on 8120101. (4) August 20, 2001 - Council/Agency Minutes- Page 4 Slide show presentation dated August 20, 2001 from the Planning Department titled True Block Wall - 17171 Westport Drive - Appeal of CDP 01-06 & CUP 01-09. Communication from Marlyn Willsie dated August 20, 2001 stating opposition to the granting of the Conditional Use Permit for the applicant, Debra True's block wall at 17171 Westport Drive. Communication from applicant Debra True dated August 20, 2001, which includes ten homeowner letters and eight photographs in support of her application. Slide show presentation submitted by the Department of Public Works to the City Clerk's Office on August 20, 2001. Slide show presentation titled Sewer Service User Charge — Ordinance & Implementation Plan. Communication from Paula Hetzler, Huntington Harbour Property Owners Association in opposition to applicant Debra True's proposed block wall. Communication dated August 20, 2001 from Bob Polkow transmitting his opinion regarding the proposed Sewer Service User Fee. Communication titled F-2 on Agenda 20 August. Communication dated August 20, 2001 from Karen Jackie transmitting her support for the proposed Sewer Service User Fee. Communication dated August 20, 2001 from Mary F. Urashima transmitting her support for the proposed Sewer Service User Fee. Communication titled Re: Sanitation Fee Support. Communication dated August 20, 2001 from George Mason, Infrastructure Committee member in support of proposed Sewer Service User Fee. Communication from the Infrastructure Planning Committee dated August 20, 2001 requesting approval of the committee recommendations on the proposed Sewer Service User Fee. City Council -Redevelopment Agency Roll Call Present Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer Absent None Flag Ceremony and Pledge of Allegiance — Junior Troop 1932, 4th Grade, Smith School. Leader Karen Wicher. Invocation — Led by Kelly Shanley, Media Production Coordinator Presentation— By Mayor Pam Julien Houchen, of a Certificate of Commendation to Willie Ito, Gymnast from South Coast Gymnastics Training Center, Santa Ana. Willie is the All Around Title Winner for Junior Elite Class 2, at the U.S. Championships in Philadelphia, PA., held August 8 — 11, 2001. He is also the U.S. National Champion on the Parallel Bars and the Pommel Horse. Willie is 16 years old and will be a Junior at Huntington Beach High School this year. Attending with him is his Coach Tim Picquelle, from South Coast Gymnastics Training Center, Santa Ana. (120.70) (5) August 20, 2001 - Council/Agency Minutes- Page 5 Presentation — By Mayor Pam Julien Houchen to Dane Jankowiak, a Commendation recognizing him for winning the U.S. National Champion Cycling competition for 17 to 18 year olds, in Gainesville, Florida. Dane has qualified to compete in the World Cycling Championship in Lisbon, Portugal, in October 2001. He is a Huntington Beach High School graduate and -a Huntington Beach resident. (120.70) The Mayor's Award — to Donn Strook, Crew Leader, Public Works Department for his exemplary work as Supervisor of the Transportation Division. Mr. Strook is responsible for many cost and energy saving traffic signal improvements. (120.70) Public Comments John Vaughn, Best Towing Service, spoke in support of the agenda item on the proposed Police - directed towing ordinance, expressing his appreciation to the Police Department and the City Attorney's Office. Mr. Vaughn stated his opposition to a provision in the ordinance relative to storage of vehicle requirements. Jody Campbell stated that he echoes the first speaker's comments and applauds the efforts of staff with regards to the proposed agenda item on the Police -directed towing ordinance. Mr. Campbell stated the same exception regarding the reduction of the storage of vehicles from 200 to 150. Wayne Miller, G & W Towing, Costa Mesa, stated his support of the proposed Police -directed towing ordinance. He informed Council of the difficulty he encountered in attempting to construct storage facilities within the city, which he attributed to the zoning ordinance. Robert Wynn informed Council that he represents a client in the towing business and requested Council approval for the right to submit a bid. Mr. Wynn spoke regarding the 5-mile radius provision. Bob Mandic expressed his appreciation of the city's efforts relative to the proposed Police - directed towing ordinance. Mr. Mandic stated his intention of continuing to ensure quality service to the city, and urged approval of the recommended action. Paul Antonucci requested Council to consider that senior citizens on a fixed income such as he be exempt from the taxes proposed to be levied for the city's sewer services. J. S. Wayne, Huntington Harbour Property Owners Association member, concurred with Councilmember Bauer's agenda item on the proposed diversion of storm drains in the Orange County Sanitation District plant. Mr. Wayne related what he considers to be the harmful effects of percolation, stating he views the Wintersburg Channel as a potential source of pollution. Dean Albright referred to newspaper articles written in the Orange County Register and Los Angeles Times regarding sewage dumping and distributed copies to Council. Richard Batistelli, Huntington Harbour resident, stated his opposition to the proposed diversion of the Wintersburg Channel into Huntington Harbour. Mr. Batistelli requested Council to think of young people swimming and boating when considering dumping sewage into the Harbour. (6) August 20, 2001 - Council/Agency Minutes- Page 6 Eileen Murphy urged Council to vote to ask the Orange County Sanitation District (OCSD) to drop the 301(H) waiver and go immediately to full secondary treatment mandated by the Federal Clean Water Act. She spoke regarding effluent discharged into the ocean, and the OCSD plume coming back to shore. Ms. Murphy stated that it will take 13 cities to get the -waiver removed. Robert Thomas requesting assistance on behalf of the Bluegate Homeowner's Association for, refund of payments for slurry -seal and asphalt work done on the street. Mr. Thomas stated his intent to make an addendum to his memorandum regarding the outcome of the August 14, 2001 Public Works Commission meeting on the disposition of the $3185 paid by the homeowners. Curtis Zavodny, Surfrider Foundation and Ocean Outfall Group member, spoke in opposition to the 301(H) waiver for the Orange County Sanitation District. He shared data on effluent from the outfall and spoke relative to removing the OCSD plume away from the shore. Mr. Zavodny recommended switching to full secondary wastewater treatment. Greg Jewell, Surfrider Foundation member, spoke in opposition to the Orange County Sanitation District (OCSD) plume due to sewage. He urged full secondary treatment, stating that the process will lower fecal coliform counts and thus offset viruses. Mr. Jewell requested the elimination of the 301(H) waiver granted to OCSD. Don Schulz, retired engineer and member of Surfrider Foundation, stated his objection to the 301(H) permit that allows the Orange County Sanitation District to use less than secondary treatment. He associated this as the cause of beach closures. Mr. Schulz requested Councilmember Green as a representative of the Orange County Water Board to vote to remove the waiver. Ron Paine referred to a five unit apartment building on Malaga Lane, describing the effects of the 50- year old storm drain system. He distributed pictures to Council to illustrate. Mr. Paine concurred that improvements are needed but stated his opposition to a sewer user tax structure. Dennis Baker congratulated Mayor Pro Tern Cook on a program aired regarding the ocean outfall issue. He voiced opposition to the expansion of the Orange County Sanitation District (OCSD) plume, stating that the recent closure of Huntington Harbour and other city beaches are due to effluent. Mr. Baker encouraged Council to prepare a resolution requesting OCSD to abandon an extension of the waiver and move to full secondary treatment. Joey Racano, Ocean Outfall Group member, invited Council to a slide show presentation on the Redwoods at the Main Street Library. He stated his opposition to the 301(H) waiver granted the Orange County Sanitation District. Mr. Racano spoke of activities by the Ocean Outfall Group. Larry Porter, Ocean Outfall Group member, distributed several newspaper articles from the Los Angeles Times and other material to Council regarding the Orange County Sanitation District (OCSD). He requested Council to adopt a resolution to urge the Orange County Water Board to halt its efforts to obtain extension of its 301(H) waiver allowing OCSD to dump sewage that is half - primarily treated into the ocean. Mr. Porter recommended secondary treatment to remove pathogens. Jan Vandersloot, Founder of the Ocean Outfall Group, informed Council that the mission of the group is to eliminate the 301(H) waiver granted to the Orange County Sanitation District that allows partially treated sewage to be dumped on the coast. Dr. Vandersloot spoke regarding his group's (7) August 20, 2001 - Council/Agency Minutes- Page 7 activities, and requested Council to take a pro -active step and develop a resolution setting forth the city's position. (City Council) Council Responses to Public Comments Re: Orange County Sanitation District 1996 Report on Sewage Discharge (520.30) Mayor Pro Tern Cook asked the last public speaker, Dr. Vandersloot questions regarding an Orange County Sanitation District 1996 study on sewage discharge. Dr. Vandersloot responded that he can provide a data set on a 20-meter study. Councilmember Green stated that there is no evidence that the study done by OCSD in 1996 was intentionally hidden from the public. He informed Council that the fecal bacteria results found then was not alarming at the time; it looked routine five years ago. Dean Reinemann spoke in opposition to sewage outfall, objecting to how the Orange County Sanitation District (OCSD) is managed in relation to sewage discharge. He requested clean up of the Wintersburg Channel with diversion to the OCSD plant, as proposed in Councilmember Bauer's agenda item. Mr. Reinemann stated that there is no justification for the 301(H) waiver, recommending that the OCSD facility be brought up to date with reasonable standards. Don McGee spoke regarding ocean studies, stating that common sense should guide the action with regard to the ocean. Mr. McGee stated his opposition to extension of the 301(H) waiver to the Orange County Sanitation District. John Jankowski, retired State Legislator and member of the Council on Aging and Huntington Beach Mobile Home Association (HBMOA), thanked Council and staff for the mobile home park survey conducted. He spoke in favor of rent stabilization and in opposition to the manner of space rental increases in mobile home parks. Mr. Jankowski rebutted the park owners' claims of an "invasion of privacy" in response to requests for disclosure of rental charges, stating that it is a way of keeping their high profit margins. He cited that they have a 92% return on their investments. Steve Gullage, President of the Huntington Beach Mobile Home Owners Association (MHOA) and the Golden State Mobile Home Owners League (GSMOL) stated his concurrence of the previous speakers' stance against the 301(H) waiver. He spoke in opposition to what he considers to be rental charge abuse by the mobile home park owners. - Mr. Gullage cited the number of California cities that have mobile home rent control ordinances in place, and stated that the City Council was first in 1995 to oppose State Proposition 199. Mr. Gullage urged opposition to the charter amendment that will appear on the city's March 2002 ballot, which would prohibit rent control for mobile homes. He stated he considers it to be an anti -renter's initiative. Sarah Beebe requested a waiver from the city that would permit her to keep more animals than allowed by the municipal code. Upon Mayor Julien Houchen's request, City Administrator Silver informed the previous speaker that the county has jurisdiction and directed staff to assist Ms. Beebe with the matter. Matthew Harper spoke following the agenda item on the Sewer Service User Fee, and in response to the proposed charge. He requested that each of the school districts in the city overlap with those of other cities with regard to being included in the public vote as users of the sewer system. (8) August 20, 2001 - Council/Agency Minutes- Page 8 Mr. Harper responded to Councilmember Dettloffs inquiry that he is speaking on his own behalf, and not as a member of the Board of Trustees, which he stated has zero input. City Administrator's Report on Capital Projects Completed During Fiscal Year 2000/01 Including Report Re: Agenda Item on the Brookhurst/Edinger/ Springdale/Magnolia Arterial Street Rehabilitation Project (320.40) Principal Civil Engineer Doug Stack presented the PowerPoint report announced earlier by the City Clerk as a Late Communication. The presentation is dated August 20, 2001 and titled Public Works Capital Projects — 1999100 & 2000101, which is an overview of city-wide capital projects completed by the Public Works Department over the past budget cycle. Principal Civil Engineer Stack included a briefing on street projects which contains information on the agenda item relative to the Arterial Street Rehabilitation Project on the Consent Calendar portion of the agenda. Councilmember Boardman requested a completion date of the street rehabilitation project, to which Principal Civil Engineer Stack responded with a timeframe following the upcoming holiday season. In response to Councilmember Bauer's inquiry, Public Works Director Robert F. Beardsley reported on the camera that had been used to examine the sewer system. Director Beardsley stated that the city is not currently utilizing the camera until approximately October 2003 due to a federal preclusion. Staff informed Council of its close contact with the Regional Water Quality Control Board, which followed with a report on the slip -lining projects. City Administrator Silver announced that project monies are available and thanked staff for their presentation. (City Council) Public Hearing - Approved Appeal Filed by Mayor Pro Tern Debbie Cook and Councilmember Ralph Bauer - Denied Coastal Development Permit No. 01-06 and Conditional Use Permit No. 01-09 (Overturned the Planning Commission's Decision to Approve Debra True Application for a Block Wall at 17171 Westport Drive, n/o Courtney Lane) (420.40/420.80) Mayor Julien Houchen announced that this was the time scheduled for a public hearing to consider: Applicant: Debra True Appellants: Mayor Pro Tern Debbie Cook and Councilmember Ralph Bauer Request: Appeal Filed by Mayor Pro Tern Debbie Cook and Councilmember Ralph Bauer to the Planning Commission's Approval of Coastal Development Permit No. 01-06 and Conditional Use Permit No. 01-09 to permit the construction of a combination 4- foot high retaining wall and a 6-foot high block wall with a total height of ten feet, along the rear property line of a through lot, in lieu of the 42-inch maximum height. (9) August 20, 2001 - Council/Agency Minutes- Page 9 Location: 17171 Westport Drive (west side of Westport Drive, approximately 45' north of Courtney Lane). Environmental Status: Notice is hereby given that this agenda item is categorically exempt from the provisions of the California Environmental Quality Act. Coastal Status: Notice is hereby given that this agenda item is located in the non -appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 01-06, filed on February 2, 2001, in conjunction with the above request. Communication and petition submitted by Carole Garrett on August 14, 2001 listing approximately 34 signatures of persons opposing CUP No. 01-09 is included in the agenda packet. Communication from Marilyn Willsie, dated August 14, 2001 in opposition to CUP No. 01-09 is included in the agenda packet. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. City Administrator Silver recused himself from the public hearing, as his residence is in the vicinity where the subject property is located. Assistant City Administrator William Workman reported. Principal Planner Scott Hess presented the PowerPoint presentation that had been announced earlier by the City Clerk as a Late Communication. The slide show report is dated August 20, 2001 and titled True Block Wall — 17171 Westport Drive — Appeal of CDP 01-06 and CUP 01-09. Principal Planner Hess referred to the wall display of the applicant's proposed block wall design and site plans. He addressed the portion of the staff report relative to the alternative action, which sets forth the findings for denial. Councilmember Bauer inquired if it is a fair summary that the issue deals with basic rules to follow with individuals requesting deviation from the norm. Principal Planner Hess responded that the intent is to determine how the property would blend in with surrounding area. Councilmember Bauer expressed concern over the functions of several particular Planning Commissions; that some walls in the area adjacent to the subject property had been built without permits. He inquired as to how potential dangers that may cause walls to topple will be evaluated. Councilmember Bauer spoke regarding the importance of consistency with the philosophy of the Urban Design Guidelines. Mayor Julien Houchen declared the public hearing open. Before announcing the public speakers, the City Clerk restated for the record the following Late Communications that pertain to this item: Communication submitted by Carole Garrett to the City Clerk's Office on August 20, 2001 transmitting revised details relating to a previously submitted communication. Communication titled Conditional Use Permit No. 01-09 - Re: Double Frontage Lot in Tract 4880 - Revised Effective 8117101 (original submittal receipt date stamped 8-15-01) - Before the City Council on Monday, August 20, 2001. (10) August 20, 2001 - Council/Agency Minutes- Page 10 Communication dated August 20, 2001 from Shirley and Art deHeras transmitting their opposition to Conditional Use Permit No. 01-09. Communication dated August 20, 2001 from Randy T. Fuhrman transmitting his opposition to CDP 01-06 and CUP No. 01-09. Communication titled Public Hearing Item D-1, City Council Meeting on 8120101. Slide show presentation dated August 20, 2001 from the Planning Department titled True Block Wall - 17171 Westport Drive - Appeal of CDP 01-06 & CUP 01-09. Communication from Marilyn Willsie dated August 20, 2001 stating opposition to the granting of the Conditional Use Permit for the applicant, Debra True's block wall at 17171 Westport Drive. Communication from applicant Debra True dated August 20, 2001, which includes ten homeowner letters and eight photographs in support of her application. Carole Garrett informed Council that she is one of over 30 Huntington Harbour property owners who have signed a petition in opposition to the applicant's request for a Conditional Use Permit (CUP) No. 01-09 to construct a block wall. She referred to the panoramic view panels displayed behind Council; photographs taken of the rear yards. Ms. Garrett transmitted her concern that the city's building code has not been followed relative to the 15-foot setback requirement. Ted Patten announced his intent to continue Ms. Garrett's testimonial regarding the 15-foot setback requirement, as one of the petitioners in opposition to the application for a block wall. He stated that since the applicant's set back is 7 feet, it is unreasonable to have fencing moved. Mr. Patten spoke in relation to problems that would result from a straight, decorative wall being constructed on a severe curve. Gail Stoter expressed the concern that she would feel encased and that property values would be lowered with the construction of a block -type of wall. Ms. Stotter added that she is not against the building of a fence. Nina Patten stated her opposition to Conditional Use Permit (CUP) No. 01-09. Ms. Patten remarked that the issue could have been avoided at the time that they were being built, if it had been known that block walls are illegal. Shirley de Heras acknowledged the first speaker, Carole Garrett and her spouse for creating the panoramic panel of the subject property and the surrounding neighborhood. She expressed opposition to the Conditional Use Permit (CUP) No. 01-09, stating that there is already a diversity of designs in the area. Ms. de Heras reiterated her position, saying that she is opposed to walls being placed, unless there is a 15-foot setback. Randy T. Fuhrman expressed his appreciation to the City Clerk for her inclusion of his letter in the Late Communication packet. He stated that Roundhill Drive where he lives has less open space than other streets in the area; there is no parkway in front of his house, only a two -foot sidewalk. Mr. Fuhrman spoke in opposition to what he considers to be a continuing degradation of open space and greenery in his neighborhood. Joseph A. Falcon directed attention to the panoramic panel showing the streets displayed on the wall behind Council, pointing to the diversity between Ms. Garrett's house and his home next to it. (11) August 20, 2001 - Council/Agency Minutes- Page 11 He stated the belief that Planning Commissions over a certain span of years had different standards. Cindy Osterhout stated her support of Conditional Use Permit (CUP) No. 01-09, informing Council that 17 of the residences have fences. Ms. Osterhout informed Council that she has been following the process and spoke regarding the code standards. Gerald Urner informed Council that he is the advisor to the Huntington Harbour Property Owners Association (HHPOA) and was its Chair at the time Ms. Debra True filed application for a cinder block wall. He provided a brief history using the panels on the wall behind Council to illustrate when and where said type of wall was built. Mr. Urner stated the belief that there was no building standard for it, but said that if the city adopts one now he would support it for the approval of subsequent walls to be constructed. He expressed concern over the maintenance of the plants proposed for the planters along the wall. Debra True, applicant for the Conditional Use Permit (CUP) No. 01-01, spoke regarding her request to expand her rear yard. She described the 11-foot wall and 18" planter she proposed to be constructed. Ms. True informed Council that she would be willing to compromise, stating that she could not comprehend how a mistake can occur 17 times with each wall that had been built. 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. Councilmember Dettloff inquired regarding the 15-foot restriction. Principal Planner Hess responded, stating that changes were made in 1988 and 1990 with the assistance and knowledge of the Huntington Harbour Property Owners Association. Principal Planner Hess informed Council that the purpose of this evening's discussion is to create a new policy direction. He spoke regarding zoning requirements, stating that code deviation would require approval. Mayor Pro Tern Cook requested staff to review all the Conditional Use Permits (CUPs) filed. She directed a concern to Assistant City Attorney D'Alessandro, inquiring why the CUP, and not a variance process is being used. Assistant City Attorney D'Alessandro compared and contrasted CUPs and variances, stating that this is not just a maximum height change but also a deviation from the set -back requirements. Councilmember Bauer initiated discussion regarding the grandfathering-in of the walls Councilmember Bauer inquired who would be responsible for landscape maintenance. Principal Planner Hess stated that Code Enforcement responds to complaints regarding overgrown vegetation encroaching upon the right of way. Principal Planner Hess informed Council regarding the difference between using variances and conditional use permits relative to block walls. He reasoned that the CUP allows for flexibility; each application can be weighed on a case -by -case basis. (12) August 20, 2001 - Council/Agency Minutes- Page 12 Discussion ensued involving the particular Conditional Use Permit, CUP No. 01-09 in question. Principal Planner Hess informed Council that the applicant, Debra True had agreed upon a 2-foot setback that complies with code requirements. Assistant City Attorney D'Alessandro spoke regarding the applicant's legal recourse, stating that Ms. True can request a writ from the court for a remedy should her case be denied. In answer to Mayor Julien Houchen's question regarding the installation of a 18" planter, staff responded that the Huntington Harbour Property Owners Association (HHPOA ) made the decision. Mayor Pro Tern Cook stated that she has a copy of the code and that it needs to be revisited, as only the maximum height requirement is addressed. Councilmember Bauer stated that several citywide principles can be applied, pointing to Goldenwest Street between Palm Avenue and Pacific Coast Highway. He stated that Edwards and Springdale Streets have no setbacks. Councilmember Bauer alluded to high walls as being unattractive and unfriendly. Councilmember Garofalo inquired if the appellants, Mayor Pro Tern Cook and Councilmember Bauer would consider a continuation, until such time that the applicant, Planning staff and the HHPOA could meet. Councilmember Bauer stated that an amendment to the main motion to deny the application would be unacceptable to him, stating that it will still be a matter of negotiation. He suggested that if it is deemed to be unfair, the ordinance should be changed. Councilmember Green informed Council that he is opposed to the main motion as discriminatory and that the zoning code should be revised. Mayor Julien Houchen stated that there is already a CUP in place and consistency is required. She remarked that the 15-foot setback is not appropriate and will support the motion. Councilmember Garofalo responded that he is uncertain that consistency is the answer. He recommended that there should be a way to satisfy both parties, as he sees no equity or parity in the matter. A motion was made by Bauer, second Cook to deny CUP No. 01-09 with Findings for Denial (Attachment No. 6 on the following page"). The motion carried by the following roll call vote: AYES: Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: Green, Garofalo ABSENT: None (13) August 20, 2001 - Council/Agency Minutes- Page 13 *Attachment No. 6 Alternative Action No. 1 SUGGESTED FINDINGS FOR DENIAL Coastal Development Permit No. 01-06/Conditional Use Permit No. 01-09 (True Block. Wall) FINDINGS FOR DENIAL — COASTAL DEVELOPMENT PERMIT NO. 01-06: 1. Coastal Development Permit No. 01-06 for the development of a combination ten -foot retaining/block wall in the rear yard of a through lot does not conform with the General Plan, and the Local Coastal Program. The proposed wall will negatively impact public views because of the loss of the landscaped slope area. 2. The project is not consistent with the requirements of the CZ Overlay District, the base zoning district, and other applicable provisions of the Municipal Code. A ten -foot block wall is not a permitted use in the RL (Residential Low Density) zone and requires approval of a conditional use permit. The proposed increase in the allowable height of the block wall from 42 inches to ten feet will have a negative impact to residents who live on Roundhill Drive and those who travel the sidewalk adjacent to the subject property because of the scale and mass of the proposed wall. 3. The proposed development has been provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure is currently in place, therefore, no further improvements to the infrastructure shall be required. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreation exists on the subject site, therefore, no impacts exist. FINDINGS FOR DENIAL — CONDITIONAL USE PERMIT NO. 01-09: Conditional Use Permit No. 01-09 for the establishment and maintenance of a 10-foot high combination retaining/block wall in lieu of the 42-inch maximum height at a zero setback in lieu of the minimum 15-foot setback, will be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. The proposed wall consists of a six-foot block wall on top of a four -foot retaining wall resulting in a loss of the landscaped slope thereby impacting the view of adjacent property owners. The proposed 10-foot block wall will be out of scale with the adjacent sidewalk. 2. The conditional use permit for the 10-foot combination retaining/block wall will not be compatible with surrounding properties because the adjacent property to the south has a landscape slope. The proposed wall will result in a lack of continuity between adjacent properties. 3. The proposed Condition Use Permit No. 01-09 for a ten -foot high combination retaining/block wall will not comply with the provisions of the base district and other applicable provisions in Titles 20- 25 of the Huntington Beach Zoning and Subdivision Ordinance. The Zoning Code allows block walls with a maximum of 42 inches along the rear property lines of through lots within the required 15-foot setback. The request exceeds the maximum height limit by six feet, six inches. (14) August 20, 2001 - Council/Agency Minutes- Page 14 4. The granting of the conditional use permit will adversely affect the General Plan. It is no consistent with the Land Use Element designation of Residential, Low Density on the subject property and the following policy of the General Plan: a. Avoid building materials, colors, and construction elements that visually dominate their setting and contrast significantly with the character of the neighborhood. (LU 9.1.2.b). As a result of its scale and mass, the proposed wall will visually dominate the street scene along Roundhill Drive and result in inadequate landscaping at the rear property line. (City Council) Opened Public Hearing and Continued Open to September 4, 2001 to Consider Annual Review and Monitoring Report of the June 2000 to June 2001 Downtown Parking Master Plan (Area Generally Bounded by Pacific Coast Highway, Sixth Street, Acacia Avenue and Second Street) (440.30) Mayor Julien Houchen announced that this was the time scheduled to consider public hearing to open and continue open to Tuesday, September 4, 2001: Applicant: City of Huntington Beach Planning Department Request: Annual review of the Downtown Parking Master Plan addressing building activity between June 1, 2000 and June 1, 2001. Location: Downtown Specific Plan area (generally bounded by Pacific Coast Highway, Sixth Street, Acacia Avenue and Second Street). Environmental Status: Notice is hereby given that this agenda item is covered under Environmental Impact Report No. 82-2, approved in conjunction with the Downtown Specific Plan. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Mayor Julien Houchen declared the public hearing open. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was continued open by the Mayor. A motion was made by Green, second Boardman to continue the public hearing open on the 2001 Downtown Parking Master Plan (DPMP) Annual Review and Monitoring Report to the September 4, 2001 City Council meeting. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer NOES: None ABSENT: None (Dettloff out of the room) (15) August 20, 2001 - Council/Agency Minutes- Page 15 Consent Calendar — Items Approved On motion by Garofalo, second Green Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Green, Boardman, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (Cook out of the room) (City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of August 6, 2001 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (City Council) Approved Year 2001/02 Human Relations Task Force Student Appointments — Michelle Luu/Mitchell Luu/Philips/Edwards/Singer/Carrasco/Kar and Student Re -appointments of EI-Ahraf/bang (110.20) — Appointed the following students to serve on the Human Relations Task Force: 1. Approved the appointments of Michelle Luu, Mitchell Luu, Amanda Philips, Mark Edwards, Sarah Singer; Olivia Carrasco, and Mikhil Kar as recommended by City Council Liaisons Ralph Bauer and Shirley Dettloff with terms to expire May 31, 2002; and 2. Approved the re -appointments of Hadeel El-Ahraf and Mai Dang as recommended by City Council Liaisons Ralph Bauer and Shirley Dettloff with terms to expire May 31, 2002. Submitted by Administration. Funding Source: None required. (City Council) Approved City Council Position on Legislation Pending Before the State Legislature, and Congress as Recommended by the City Council Intergovernmental Relations Committee to Oppose AB (Assembly Bill) 1414 (Dickerson) Re: Annual Reports and Management Plans Relative to Land Acquisition (120.70) — The City Council Intergovernmental Relations Committee has reviewed the legislation below and is recommending that the City Council take a position on the following items and authorized the Mayor to send letters reflecting those positions to the legislators: Motion: Oppose AB 1414 (Dickerson) which would require departments, boards, commissions, and conservancies within the Resources Agency to prepare an annual report of acquisition targets for the coming year. It would also require them to prepare management plans within 18 months of the recordation date for any new land they acquire after January 1, 2002. Submitted by Councilmember Shirley Dettloff, Chair Person of the Intergovernmental Relations Committee, and Mayor Pro Tern Debbie Cook, and Councilmember Ralph Bauer. Funding Source: Not Applicable. (City Council) Adopted Resolution No. 2001-53 Executing State of California -Federal Aid Program Supplement Nos. M013 to M015 to Master Agreement No. 12-5181 and Accept Bid to Award the Construction Contract to R. J. Noble Company for Brookhurst/Edinger/ Springdale/ Magnolia Arterial Street Rehabilitation Projects; CC-1145, CC-1146, CC-1147, and CC-1148 (600.20/600.50) —1. Adopted Resolution No. 2001-53 —A Resolution of the City Council of the City of Huntington Beach Authorizing the Mayor and City Clerk to Execute Program Supplement Nos. M012, M013, M014 and M015 to Agreement No. 12-5181 for the Brookhurst Street, EdingerAvenue, Springdale Street and Magnolia Street Rehabilitation Construction Improvements;"and 2. Accepted the bid submitted by R. J. Noble Company for the construction of the Street Rehabilitation projects, which is the lowest responsible/ responsive bid received; and 3. Approved and authorized the Mayor and the City Clerk to execute a construction contract between the City of Huntington Beach and R. J. Noble Company in the amount of $2,910,360 for the construction of the Street Rehabilitation projects in substantially the same form as the previously approved sample contract; and 4. Authorized the Finance Director to appropriate $1,425,459 from Fund 207 (Gas Tax), to Account 20790008.82300 (16) August 20, 2001 - Council/Agency Minutes- Page 16 (Arterial Rehabilitation, Street Improvements); and 5. Authorized the Finance Director to appropriate $1,141,401 from Fund 207 (Gas Tax), to Account 20790008.82300; and establish off -setting revenue in the Fund 890 (TEA Grant); and 6. Authorized the Director of Public Works to expend up to $3,346,860, which includes the contract cost of $2,910,360, estimated contingency of $291,000, and $145,000 in undesignated supplemental expenditures.. Submitted by the Public Works Director. Funding Sources: Arterial Highway Rehabilitation Program (AHRP) grant, Gas Tax Entitlement funds and Arterial Highway Rehabilitation Funds (AB 2928) - $3,346,860 Project Funding. (The staff report identifies the four streets and their boundaries which were awarded funding for Fiscal Year 2000-01.) (City Council) Approved Plans and Specifications and Authorized Advertisement of Bids for Spread Spectrum Radio Communication at 11 Signalized Intersections Project CC-1052 — Approved Sample Construction Contract (600.55) —1. Approved plans and specifications, and authorized the Director of Public Works to request bids for the Spread Spectrum Radio Communication Project: 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: A grant in the amount of $51,200 is available from OCTA. $12,800 Matching Funds - Measure M, Minor Street Improvements account. Budget will be appropriated upon award of the contract. (City Council) Approved Affordable Housing Agreement Containing Covenants Affecting Real Property Between the City and Property Owner Ron Metzler for Shea Vickers Development, LLC (The Tides — 77 Multi -Unit Family Homes e/o Goldenwest Street, n/o Summit Drive — Tract No. 15603 and Tract 16180) (600.10) — Approved the Agreement Containing Covenants Affecting Real Property by and between the City of Huntington Beach and Shea Vickers Development, LLC — titled Declaration of Conditions, Covenants and Restrictions for Property (Resale Restriction), and authorize the Mayor and City Clerk to sign and execute (Attachment No. 1). Submitted by the Planning Director. Funding Source: Not Applicable. (The agreement will restrict 12 townhouses (15% of 77 units) to moderate income families for a period of 30 years.) (City Council) Approved Legal Services Agreement Between the City and Gibbs, Giden, Locher & Turner to Serve as Sole Source Contract Special Counsel to the City in Conjunction with Ionic Construction v. City (600.10) — Approved the Agreement between the City of Huntington Beach and Gibbs, Giden, Locher & Turner, A Limited Liability Partnership for Legal Services Related to Public Works Matters, and authorize the Mayor and City Clerk to execute the agreement. Submitted by the City Attorney. Funding Source: General Fund - $50,000. (City Council) Approved Appointment of Richard Moore to the Library Board of Trustees (110.20) — Appointed Richard Moore to his first four year term (7/1/01-6/30/05), to the Library Board of Trustees as recommended by the City Council Library Board Council Liaisons Peter Green and Shirley Dettloff. Submitted by the Library Services Director. Funding Source: Not Applicable. (City Council) Adopted Resolution No. 2001-54 Establishing a Process for Providing City Council Permission for Councilmember Absences from City Council Meetings (120.10) — Adopted Resolution No. 2001-54 —A Resolution of the City Council of the City of Huntington Beach Establishing a Process for Providing City Council Permission for Council Member Absences from Meetings." Submitted by the City Attorney. Funding Source: Not Applicable. (17) August 20, 2001 - Council/Agency Minutes- Page 17 (City Council) Approved Introduction as Amended of Ordinance No. 3503 — Modifying Permitting Requirements and Increasing Rates of Police -Directed Towing Services and Adopt Resolution No. 2001-52 — Authorizing Bid Process for Tow Service Selection (530.30) The. City Council considered a communication submitted by the City Attorney and the Police Chief requesting Council approval to delete permitting requirements for police directed tow services and enter into contracts with police -directed tow operators via a request for qualifications process and increase the allowable rates to be charged by police -directed tow services (A City Council study session was held regarding this item on August 6, 2001.) Communication received from MetroPro Auto Service dated August 16, 2001 with recommendations on the Police -Directed Towing Ordinance is included in the agenda packet. Police Chief Ronald Lowenberg presented an oral report. Chief Lowenberg stated that the issue has been going on five years and emphasized that the primary intent is to ensure that the level of customer service is paramount. He reiterated from the staff report Page Nos. F- 1.2 and F-1.3 of the staff report highlighting the changes in the proposed Police - Directed Tow Service agreement process. Also covered by Chief Lowenberg from Page No. F-1.3 of the staff report is the June 5, 2001 Police - Directed Tow Services Council Committee review of the proposed ordinances, resolutions, Request for Proposals (RFPs) and sample agreement. Chief Lowenberg referred to the matrix on Page No. F-1.3, which addresses three issues. He stated that they are minor disagreements between the Committee and the staff recommendations. Chief Lowenberg added that the Council direction provided to staff at the August 6, 2001 study session is included in the ordinance. Chief Lowenberg introduced Lieutenant Lloyd Edwards who was available to answer questions. Councilmember Boardman stated her intent to focus on the differences between staff and Council Committee recommendations, listed as Issue Numbers 1 through 3 on the aforementioned matrix. With regard to Issue No. 1 - Minimum Storage Capacity, Councilmember Boardman stated that her interest lies in learning what the typical number is of actual usage, and not capacity, for vehicle storage. Lieutenant Lloyd Edwards stated that to the best of his recollection, it has historically been about 180 cars. Chief Lowenberg reported on Issue No. 3 — Equipment Location. He reiterated that six tow vehicles are being recommended to meet quality of service and flexibility standards. Regarding Issue No. 1 - Minimum Storage Capacity, Mayor Pro Tern Cook ascertained from Jody Campbell, MetroPro Road Services, that his company has 106 vehicles. She informed Council that she will support 150 vehicles as appropriate. (18) August 20, 2001 - Council/Agency Minutes- Page 18 Councilmember Bauer concurred that having a minimum capacity for storing 150 vehicles is reasonable. He suggested not deviating from having an on -site office, which he finds to be important. Discussion ensued relative to the five -mile radius from City Hall. Chief Lowenberg responded that the issue of the 660-foot rule could be dealt with at a later time. He stated his opinion that the more bidders eligible the better. Councilmember Bauer expressed concern regarding wording, stating that he found the language is a little too restrictive. Councilmember Bauer indicated that there should not be a net loss, and that fees should be set at this time. He stated his opinion that the ordinance should be fee -raising and self -funding. Mayor Julien Houchen initiated discussion of Page No. F-1.36, which refers to the tow operator lots, and storage and office requirements in the sample agreement. Councilmember Garofalo requested Principal Planner Hess to report on non -conforming use and variances. Councilmember Garofalo inquired as to how the size of the parking spaces are determined, to which Principal Planner Hess responded that consideration will be made after staff has driven by and investigated according to code standards. Councilmember Garofalo stated that he will consider the City Council Tow Services Subcommittee recommendations. Chief Lowenberg reported on gate fees and other charges, in answer to Councilmember Boardman's inquiry regarding Page No. F-1.25 of the staff report. Mayor Pro Tern Cook invited Robert Mandic of Mandic Motors to speak on police tow service operations designated as "public garages." Chief Lowenberg added that what Mr. Mandic has made reference to can be found in Item No. 9 under the Vehicle Code. In response to Councilmember Dettloffs inquiry, Chief Lowenberg informed Council that three tow service operators will meet the city standards. He mentioned the possibility that the city may potentially end up with two, stating that a 200-vehicle storage capacity would then be critical. Councilmember Green referred to Page No. F-1.3 of the staff report, stating that he will be in support of a ten year contract. A motion was made by Garofalo, second Green to approve as amended 1. After City Clerk reads by title, approve introduction of Ordinance No. 3503 — "An Ordinance of the City of Huntington Beach Amending Chapter 5.66 of the Huntington .Beach Municipal Code Relating to Police -Directed Motor Vehicle Towing Services;" and 2. Adopt Resolution No. 2001-52 — "A Resolution of the City Council of the City of Huntington Beach Establishing a City Fee Schedule for Police Directed Towing Services and Garage Impounds;" and 3. Authorize staff to initiate the police -directed tow service selection process using the attached Request for Qualifications for Police -Directed Towing and Storage Services and sample agreement; and 4. Approve, as amended, the three Police -Directed -Towing Committee recommendations: (1.) 200 vehicles (57,600 sq. ft. of storage); and (2.) On -site office and storage facility; and (3.) Six tow vehicles permanently stored in City during rotation. The motion carried by the following roll call vote: AYES: Green, Julien Houchen, Garofalo, Dettloff NOES: Boardman, Cook, Bauer ABSENT: None (19) August 20, 2001 - Council/Agency Minutes- Page 19 (City Council) Approved Introduction of Three Ordinances Establishing Sewer Service User Fee, Rates and Charges (640.10/1020.30) The City Council considered a communication from the Director of Public Works transmitting the following three ordinances which are required to implement the different elements of the sewer service user charge. Deputy Director of Public Works Paul Emery presented the PowerPoint presentation dated August 20, 2001 and titled Sewer Service User Charge — Ordinance & Implementation Plan that had been announced earlier by the City Clerk as a Late Communication. Deputy Director of Public Works Emery spoke regarding the city's outreach efforts to educate the public regarding the imposition of the fee. Matthew Harper (also see Public Comments section of this set of minutes) requested that each of the school districts in the city overlap with those of other cities with regard to being included in the public vote as users of the sewer system. City Administrator Silver emphasized that this is not a tax but a fee. In response to the public speaker's comments, he asked staff whether or not calculations include schools outside the service area. Deputy Director of Public Works Emery responded by reporting from PowerPoint Slide No. 6 of the Late Communication and Page No. F-2.14 of the Request for Council Action, an excerpt from Ordinance No. 3505, which is being proposed for introduction at this evening's meeting. Councilmember Boardman stated that her concern is not addressed in the ordinance; that "X" amount of dollars are not set aside from the General Fund to cover the difference between the $5.6 million anticipated in sewer service user fee revenue and the total $6.3 million dollar shortfall. Assistant City Attorney D'Alessandro suggested the adoption of a specific fee, which he stated can be done during the budget process. Discussion was held regarding users who may be outside the system. (City Council) Approved an Amendment to the City's Financial Policy Designating $700,000 from the General Fund to Augment the Sewer Service User Fee (320.20) An amendment to the main motion followed and was voted upon: A motion was made by Cook, second Boardman that the City's Financial Policy be amended to designate $700,000 from the General Fund to augment the Sewer Fee. The motion carried by the following roll call vote: AYES: Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: Green, Garofalo ABSENT: None Councilmember Boardman referred to Page No. F-2.10 of the Request for Council Action, which is an excerpt from Ordinance No. 3504. She announced that the exemption under Section 14.54.120 — Refund of Sewer Service User Charge, addresses any customer on a limited income. (20) August 20, 2001 - Council/Agency Minutes- Page 20 Councilmember Boardman stated that she will be supporting the main motion. Councilmember Garofalo noted that $175,000 is set aside in the General Fund for public education regarding the sewer issues. He informed Council of the reason he will be voting against the main motion. A motion was made by Bauer, second Dettloff to: (City Council) Ordinance 1 of 3: Approved Introduction of Ordinance No. 3504 — Implementation of Sewer Service Charge (640.10/1020.30) 1. After the City Clerk reads by title, approve introduction of Ordinance No. 3504 — Implementation of Sewer Service Charge — "An Ordinance of the City of Huntington Beach Adopting Chapter 14.54 of the Huntington Beach Municipal Code Regarding Implementation of a Sewer Service User Charge Pursuant to California Health & Safety Code Section 5470, Et Seq. and Making Findings in Support Thereof," and (City Council) Ordinance No. 2 of 3: Approved Introduction of Ordinance No. 3505 — Adoption of Rates, Charges, Annual Inflation Adjustment and Billing Methodology for the Sewer Service User Charge (640.10/1020.30) 2. After the City Clerk reads by title, approve introduction of Ordinance No. 3505 — Adoption of Rates, Charges, Annual Inflation Adjustment and Billing Methodology for the Sewer Service User Charge — "An Ordinance of the City of Huntington Beach Adopting Chapter 14.55 of the Huntington Beach Municipal Code Regarding Adoption of Rates, Charges, Annual CPIU Adjustment, and Billing Methodology for the Sewer Service User Charge." (CPIU is Consumer Price Index for All Urban Consumers in Los Angeles, Orange and Riverside Counties established by the U.S. Bureau of Labor Statistics); and (City Council) Ordinance No. 3 of 3: Approved Introduction of Ordinance No. 3506 — Amends the Huntington Beach Municipal Code by Amending Section 2111.030 Pertaining to the Public Works Commission (640.10/800.80) 3. Approve introduction of Ordinance No. 3506 — Amends the Huntington Beach Municipal Code by Amending Section 2111.030 Pertaining to the Public Works Commission —An Ordinance of the City of Huntington Beach Amending Chapter 2.111 of the Huntington Beach Municipal Code by Amending Section 2.111.030 Pertaining to Duties of the Public Works Commission." and 4. Direct staff to return with an appropriation budget allocating projected revenues for approximately $6.3 million in sewer maintenance and capital improvements ($5.6 million from direct Sewer Service User Charge revenue and $700,000 from the General Fund appropriations for the existing Sewer Service Program; and (21) August 20, 2001 - Council/Agency Minutes- Page 21 and 5. Direct staff to return with an appropriation budget allocating $600,000 in proposed General Fund appropriations for sewer maintenance to other infrastructure priorities. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer NOES: Garofalo ABSENT: None (City Council) Direct ed Staff to Conduct Cost Feasibility Study Re: Huntington Harbour Flood Control Channel Diversion of Storm Drains to the Orange County Sanitation District Plant (520.30/550.20) The City Council considered a communication submitted by Councilmember Ralph Bauer transmitting the following Statement of Issue: Because of the possible relationship between urban run-off and beach contamination, we have had a program that diverts urban run-off in the southern parts of Huntington Beach to the Orange County Sanitation District plant. More recently, the staff has generated some information on the cost of diverting the Wintersburg Channel into the sewer system and then to the sanitation plant. It would be of value to receive an evaluation on the feasibility of diverting the remaining flood control channels in Huntington Harbour into the sewer system. A motion was made by Bauer, second Garofalo to direct staff to return to the Council with an evaluation of costs for diverting the remaining flood control channels in Huntington Harbour into the sewer system. 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 No. 2001-55 Suspending for Fiscal Year 2001-2002 the Property Tax Override to Pay for Employee Retirement Benefits (340.90) The City Council considered a communication from Councilmember Dave Garofalo submitting the following Statement of Issue: At the July 16, 2001 City Council meeting, the City Council voted 4-3 in favor of adopting Resolution No. 2001-43 fixing the. Fiscal Year 2001/02 tax rate for the City of Huntington Beach at $0.04930 per $100 of assessed valuation and impounding the tax revenue. At the August 6, 2001 City Council Meeting, I brought forward a City Councilmember "H" Item requesting the reconsideration of the supplemental tax for employee retirement benefits. The Council approved my recommendation to reconsider the July 16, 2001 supplemental tax for employee retirement benefits. In March of this year the Orange County Superior Court rendered a decision in Howard Jarvis Taxpayer Association vs. City of Huntington Beach regarding this tax. The City Council has authorized appeal of the Superior Court's decision in the Jarvis lawsuit. Until this appeal is resolved, it is my current position that the City should reconsider maintaining the tax rate for Fiscal Year 2001/2002 at $0.00000 per $100 of assessed valuation (22) August 20, 2001 - Council/Agency Minutes- Page 22 A motion was made by Garofalo, second Boardman to adopt Resolution No. 2001-55 — "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 carried by the following roll call vote: AYES: Boardman, Cook, Julien Houchen, Garofalo NOES: Green, Dettloff, Bauer ABSENT: None 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 11:20 p.m. to Monday, August 27, 2001, at 4:00 p.m., in the Council Chambers, Civic Center, 2000 Main Street, Huntington Beach, California. City Clerk and ex-officio Clerl�kf the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: City Clerk -Clerk ayor-Chairman