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HomeMy WebLinkAbout2001-11-05Minutes 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, November 5, 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. City Council/Redevelopment Agency Meeting Roll Call Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer Absent: None (City Council/Redevelopment Agency) Study Session Presentation by the Public Works Department on the Proposed Tree Master Plan (Community Forest Management Guidelines) (100.10) The Public Works Department presented the proposed Tree Master Plan based on the guidelines of the Community Forest Management Plan. The Plan defines the goals, objectives, procedures and policies that are used by staff in the management and care of all City owned trees. A communication titled City of Huntington Beach — Community Forest Management Plan was included in the agenda packet. This plan covers the standards and specifications for trees and landscape as well as an ordinance regulating the planting maintenance and removal of city owned trees. Public Works Director Robert F. Beardsley provided an oral report. Parks, Trees and Landscape (PTL) Supervisor and Arborist, John Van Oeffelen delivered a PowerPoint presentation, which is a Late Communication titled Community Forest Management Plan — Guidelines for Tree Selection and Maintenance in Huntington Beach. Mr. Van Oeffelen announced that a proposed Tree Master Plan or ordinance based on the Community Forest Management Plan will be introduced for adoption at the 7:00 p.m. portion of the Council meeting. PTL Supervisor Van Oeffelen stated that the city's Urban Forest contains 55,000 trees. He informed Council that the proposed Tree Master Plan differentiates between street and park trees; that the problems are attendant to where the trees reside. Mr. Van Oeffelen spoke regarding manageability from the standpoint of disease maintenance. (2) November 5, 2001 - Council/Agency Minutes - Page 2 PTL Supervisor Van Oeffelen reported on the objectives for street trees, referring to Slide No. 3 of the PowerPoint presentation. He provided the recommendations for tree replacement, as shown on Slide No. 6 titled Recommended Street Tree List. Discussion was held regarding the integrated pest management approach and research being conducted by an entomologist on a current problem with wasp infestation. Supervisor Van Oeffelen referred to the standards for street tree maintenance set forth on page 11 of the Forest Management Plan, which gives the schedule for filling vacant plant sites according to reporting districts. He stated that the keys for the recommended street tree list, alternative tree planting and tree species palette are to be found respectively in Appendices D, D-1 and D-2 of said Plan. Mr. Van Oeffelen stated that staff is working with residents using the criteria from Appendix D-1. In response to an inquiry, Mr. Van Oeffelen clarified that woodland trees are basically park trees. Councilmember Boardman inquired why there is such a dearth of native trees, to which Supervisor Van Oeffelen responded that oftentimes the type of tree planted is upon the request of the developer or the architect. Councilmember Boardman spoke in favor of native trees as being drought -tolerant, to which Supervisor Van Oefellen responded that the Beautification, Landscape and Trees (BLT) Committee can alter or amend the Community Forest Management Plan. He stated for instance, an unlimited number of trees may be planted in the Urban Forest, addressing that there is ample room for addition. Councilmember Garofalo spoke relative to the location and planting of trees, inquiring why Queen Palms are not found in Central Park. Discussion was held relative to Exhibit "B" of Appendix H titled City of Huntington Beach - Tree/Palm List found on Page Nos. 68 through 76 of the Forest Management Plan. Supervisor Van Oeffelen referenced in Appendix F the proposed Tree Management Plan Ordinance to be approved for introduction at the 7:00 p.m. portion of the meeting. He pointed out that an important aspect of the Plan calls for the removal of trees that are either: dead, decayed, deceased, or dying. Mr. Van Oeffelen stated that one of the reasons why the ordinance is needed is due to the importance for the city to become involved in the project known as Tree City USA. He summarized for Council that the Community Forest Management Plan establishes the goal of the BLT Committee, which is to adopt the Arbor Day Foundation requirements in order to participate in the Annual Arbor Day Celebration and other similar events. Mayor Julien Houchen and Council thanked staff and the BLT Committee, stating that the presentation made at the study session sets a clear definition. Councilmember Green requested a contact for trimming the tree -in front of his residence. PTL Supervisor Van Oefellen responded that arborists trim the trees and spoke regarding staffing constraints. He referred to the list in the Plan with regard to trees planted on boulevards and in front of homes. (3) November 5, 2001 - Council/Agency Minutes - Page 3 Discussion ensued regarding Appendix D-1 titled Alternative Street Tree Selection Criteria and Appendix D-2 titled City Tree Species Palefte. It was brought out that city trees are mostly found in parks. A question was raised whether city trees found in parks needed irrigation, to which Supervisor Van Oefellen replied in the affirmative, stating however, that there are no restraints on this type of site. Councilmember Boardman inquired relative to the tree replacement policy and the loss of trees at Lambert Park. Supervisor Van Oeffelen responded by furnishing the current 2-to-1 replacement ratio, but stated that it may be possible to implant California natives at this site at the rate of 3-to-1. Councilmember Bauer recognized the contributions of staff and several community groups in the beautification and landscaping efforts, including volunteers and others involved in the Urban Design guidelines. He stated that the Urban Forest concept is worthy of separate mention for the species diversity it offers. Councilmember Dettloff inquired as to the process of control and monitoring of tree planting throughout the urban areas of the city, noting the types of trees planted at the locale of earlier established shopping centers. Planning Director Howard Zelefsky answered that his department determines the number, while the Public Works Department determines the type of trees planted. Public Works Director Beardsley responded that the Plan deals with public rights -of -way and parks. Councilmember Garofalo referred to an intersection of Goldenwest Street and Ellis Avenue, where he states at the southwest corner is a palm tree that appears sparse. Councilmember Green asked regarding the selection of Australian Willow if the emphasis is on native trees, to which Mr. Van Oefellen responded that they are drought -tolerant. Motion to Recess to Closed Session —Approved A motion was made by Cook, second Boardman to recess to Closed Session on the following items. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None 1. (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 Russell Reinhart v. City of Huntington Beach, et al,; U.S. District Court Case No. SACV-0011598 RJK (MANx). Subject: Russell Reinhart v. City of Huntington Beach, et al. (120,80) (4) November 5, 2001 - Council/Agency Minutes - Page 4 2. (City Council) Closed Session — Pursuant to Government Code Section 54956.9(b)(3)(C) to confer with its city attorney regarding pending litigation. The receipt of a claim pursuant to the Tort Claims Act or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. Subject: Settlement of Minor's Claim. (120.80) 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 party. The title of the litigation is City of Huntington Beach v. Orange County Water District, Orange County Superior Court Case No. 815921. Subject: City of Huntington Beach v. Orange County Water District. (120.80) 4. (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 Citizens Against Redevelopment Excess, et al. v. City of Huntington Beach, et al. [Care 1]; Orange County Superior Court Case No. 811519. Subject: Citizens Against Redevelopment Excess, et al. v. City of Huntington Beach, et al. (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 Citizens Against Redevelopment Excess v. City of Huntington Beach [Care II]; Orange County Superior Court Case No. OOCC14550. Subject: Citizens Against Redevelopment Excess v. City of Huntington Beach. (120.80) 6. (City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer with its city 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: One. Subject: Franchise Fees on Cable Modem Services. (120.80) 7. (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 Sean Daugherty v. City of Huntington Beach, et al.; Orange County Superior Court Case No. OOCC07564. Subject: Daugherty v. City of Huntington Beach, et al. (120.80) Reconvened City Council/Redevelopment Agency Meeting - 7:00 P.M. - Council Chambers Announcement of Action Taken by City Attorney in Closed Session Pursuant to Government Code Section 54957.1 at the October 15, 2001 City Council Closed Session to Authorize Execution of a Settlement Agreement for Dismissal of Action in Re: Estates at Seacliff Homeowners Association v. City, OCSCC No. OOCC01466 (120.80) Assistant City Attorney D'Alessandro reported out that the City Council in closed session on October 15, 2001 unanimously voted with no members absent to discuss the matter of Estates at SeaCliff Homeowners Association v. City of Huntington Beach, Orange County Superior (5) November 5, 2001 - Council/Agency Minutes - Page 5 Court Case No. OOCCO1466. The City Council authorized the Mayor and City Clerk to execute the Settlement Agreement. City Council -Redevelopment Agency Roll Call Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer Absent: None Flag Ceremony and Pledge of Allegiance — Girl Scouts, Jill Tuplich, Leader. Invocation — Gary Watkins, Pastor, Christ Presbyterian Church, Huntington Beach. Pursuant to the Brown Act (Open Meetings Act) the City Clerk Announced Late Communications which Pertain to Items on the Agenda Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following Late Communications regarding agenda items that had been received following distribution of the agenda: Slide show presentation from the Department of Public Works titled Community Forest Management Plan — Guidelines for Tree Selection and Maintenance in Huntington Beach. Slide show presentation from the Economic Development Department titled Main Street Closure Options. Slide show presentation from Shari Freidenrich, City Treasurer titled Treasurer's Report. Slide show presentation submitted by the Planning Department titled Zoning Text Amendment 01- 07 — Appeal Procedures for Coastal Development Permits. Communication from the Economic Development Department transmitting a slide show presentation titled Public Hearing for the Issuance of Multifamily Housing Revenue Bonds for Wycliffe Gardens Senior Apartments. Presentation — By Mayor Pam Julien Houchen, Planning Director Howard Zelefsky, and Environmental Board Chair, Frank Caponi to winners of the 2001 Environmental Awards Program for Community Beautification; of plaques to Bolsa Chica Stewards, Huntington Harbour Property Owner's Association, Amigos de Bolsa Chica and Goidenwest College. (160.40) Presentation — By Mayor Pam Julien Houchen and Planning Director Howard Zelefsky and Environmental Board Chair, Frank Caponi, a plaque to Former Environmental Chair and Board Member John Scandura in recognition of his years of leadership and service on the Environmental Board. (160.40) Presentation — By Mayor Pam Julien Houchen and Planning Director Howard Zelefsky, award for the 2001 Large Jurisdiction Planning Implementation by the American Planning Association, California Chapter. Former Planning Department employee Amy Wolfe also accepted. (160.40) Presentation — By Joyce Riddell, President Chamber of Commerce to Mayor Pam Julien Houchen and the City Council, a Program titled "Shop, Play and Stay in Huntington Beach, It's (6) November 5, 2001 - Council/Agency Minutes - Page 6 Easy as Pie.' President Riddell announced Huntington Beach Mall Kick -Off festivities Tuesday November 06, 2001 at 9:30 a.m., and Veteran's Day Celebration, Sunday, November 11, 2001 at the HB Pier beginning at 1:00p.m. (160.40) Public Comments Karen Cornell, representative of the Huntington Police Department Volunteer in Police Services (VIPs), presented a report on the success of the past Oak View Halloween event. Ms. Cornell acknowledged numerous community groups who pledged donations, including the HB Police Department Management Association, Neighborhood Watch, Municipal Employees Association, Rainbow Disposal, Home Depot, Ralph's Supermarket, and the Huntington Beach Chapter of the Automobile Association of America. Danielle Walker and Waller -Walker spoke regarding alleged injuries caused to her grandfather and father, respectively, by city safety personnel. Daughter and mother relayed that the incident occurred as a result of said individual having communication difficulties due to a language barrier and a hearing impairment. Dennis Geller extended an invitation to Council to the Playa Grande Polo Club tournament for disabled children. Mr. Geiler promoted the club's teaching and involvement in the therapeutic aspects of riding and playing polo for children. Debbie Ogle invited all to event to contribute food, especially canned goods, for a Holiday Food Drive for homeless and hungry on Saturday, November 10, 2001 at Albertson's Market at Main Street and Yorktown Avenue. Doug Korthof stated his opposition to the Orange County Sanitation District's request of an extension of the Federal Section 301(H) waiver. He spoke regarding the Federal Clean Water Act, recommending that the city take guardianship of the beach by supporting full secondary treatment at a meeting of the OCSD. Mr. Korthof provided the phone number of OCSD General Manager Blake Anderson to contact at 714-593-7710. Joey Racano concurred with the last speaker against the OC Sanitation District's plan to request an extension of the Federal Section 301(H) waiver to allow discharge to the ocean. Mr. Racano also invited everyone to attend a meeting of the Ocean Outfall Group the following week to address the issue with OCSD General Manager Blake Anderson. Rex Rieks stated his objection what he believes to be the Mayor's position on the El Toro reuse plan. Mr. Rieks distributed material to Council relative to the El Toro Airport, speaking in opposition to increased traffic on the 1-405 Freeway as a cause of air pollution. Rachel Perez -Hamilton spoke in support of El Toro Airport as being more favorable to Huntington Beach for the stated reason that the expansion of John Wayne Airport will necessitate a widened flight path. Ms. Perez -Hamilton distributed flyers of the expansion plan to Council. Shirley Conger informing Council of sections of county -wide initiative she believes are deceptive relative to El Toro Airport, stating that the initiative is currently in the appeals court. (7) November 5, 2001 - Council/Agency Minutes - Page 7 Norm Westwell presented a PowerPoint slide report showing a water park planned in Eagan, Minnesota, which he claimed is going to be built for $7 million in.comparison to the $15 million planned to fund the Huntington Central Park Sports Complex. He informed Council that although a seasonal park only open during the summertime, it is expected to pay itself back in 20 years. Mr. Westwell furnished his website: modernpublic.com for further information. He referred to the item on the agenda regarding the purchase of a police helicopter, stating that 'it is an unnecessary expense as Huntington Beach is America's safest city, and the money would be better spent for sewer repairs. Don McGee spoke in opposition to Orange County Sanitation District's 25-year old Federal Section 301(H) waiver. Mr. McGee objected to newspaper columns in the Orange County Register and Huntington Beach Wave regarding subjects including alternative fuel automobiles, and on a public comment speaker and two newly elected Councilmembers. (City Council) Accepted Main Street Options Closure Evaluation and Directed Staff to Initiate Implementation Plans for Closure of the First, Second and Third Blocks of Main Street and the Establishment of a Business Improvement District (BID) (460.30) The City Council considered a communication from the Downtown Issues Subcommittee Chair, Mayor Pam Julien Houchen and Councilmembers Dave Garofalo and Shirley Dettloff transmitting that on July 16, 2001, the City Council requested staff to evaluate options and issues associated with the possible conversion of Downtown's Main Street into a pedestrian mall. Staff has completed a Main Street Closure Options Evaluation. The report set forth a recommended action that needs to be considered by the Council Economic Development Director David Biggs presented the PowerPoint slide report titled Main Street Closure, which had been announced earlier as a Late Communication by the City Clerk. Director Biggs emphasized the need for a partnership between Council and the business community. Councilmember Bauer spoke of benefits to the city derived from Main Street closure in terms of improved saleslproperty tax and a more successful, quantified level of revenue, but stated concerns with regard to public safety, downtown vehicular parking, and outdoor dining issues. He stated that a traffic pattern is lacking which would provide information on the impact of downtown closure on the surrounding neighborhood as a result of increased traffic. Councilmember Bauer informed Council of reasons why he is not motivated to vote in favor of the recommended action. Director Biggs responded that the issues raised were addressed by the Downtown Issues Subcommittee. He referred to Attachment No. 5 of the staff report titled Main Street Merchant Survey Summary. Councilmember Boardman initiated discussion regarding the section Issues to be Addressed on Page No. C-1a.7 of the staff report titled Replacement Parking. She expressed the hope that less expensive alternatives will be found in Phase 11 of the proposed plan for a pedestrian mall. Councilmember Boardman spoke in favor of a more pleasant dining experience without breathing car exhaust fumes, stating that she will be in support of the proposal as long as it includes a Business Improvement District (BID) in order that merchants will buy into the business partnership. Mayor Julien Houchen entertained a motion. Councilmember Garofalo responded that he will make a motion when the time comes, stating that the downtown area will evolve into a cohesive force. (8) November 5, 2001 - CouncillAgency Minutes - Page 8 Councilmember Dettloff remarked that she is awaiting a motion to be made. She voiced the opinion that the partnership with the downtown area has to come from the business sector. Councilmember Dettloff informed Council that she will second Councilmember Garofalo's motion. Councilmember Bauer noted that this is a massive study, questioning if the best option has been undertaken. He expressed the belief that the criteria is not in place, such as the California Coastal Commission issue regarding parking. Councilmember Bauer described the proposal as an 111" hour decision. A motion was made by Garofalo, second Dettloff to 1. Accept the Main Street Closure Options Evaluation; and 2. Direct staff to undertake the Phase Two Report in order to design an implementation program for the potential closure of the second block of Main Street and evaluate possible future closure of the first and third blocks, including the establishment of a Business Improvement District. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, NOES: Bauer ABSENT: None (City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's September 2001 Report, City of Huntington Beach Summary of City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity (310.20) The City Council considered a communication from the City Treasurer Shari Freidenrich transmitting the Monthly Investment Report for September 2001. City Treasurer Shari Freidenrich presented a PowerPoint slide report that had been announced by the City Clerk as a Late Communication. City Treasurer Freidenrich spoke regarding the focus on the three objectives of safety, liquidity, and yield. Councilmember Garofalo commended City Treasurer Freidenrich for her ability in turning the city treasury into a significant profit center. He inquired regarding next Fiscal Year's expected interest income yield in relation to the budget. City Treasurer Freidenrich reported on the city's "buy and hold" policy, informing Council that the interest rates have gone down and market value has gone up for investments. A motion was made by Garofalo, second Cook to review and accept the monthly report. Following review of the report, by motion of Council, accept the Monthly Investment Report Summary of investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for September 2001, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (9) November 5, 2001 - Council/Agency Minutes - Page 9 Called to Order a Joint Meeting of the City Council, the Civic Improvement Corporation and the Huntington Beach Public Financing Authority (125.35) President Julien Houchen called the Joint Meeting of the City Council, the Civic Improvement Corporation and the Huntington Beach Public Financing Authority to order. Roll Call of the Civic Improvement Corporation and the Huntington Beach Public Financing Authority Members Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer Absent: None Civic Improvement Corporation Minutes A motion was made by Dettloff, second Green to approve and adopt minutes of July 5, 2000 meeting of the Civic Improvement Corporation as written and on file in the Office of the Secretary. The motion carried by the following roll call vote: AYES: Green, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: Boardman, Cook Public Financing Authority) Minutes A motion was made by Dettloff, second Garofalo to approve and adopt the minutes of August 6, 2001 meeting of the Huntington Beach Public Financing Authority as written and on file in the Office of the Secretary. Submitted by the Secretary. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None The Mayor convened to a Joint Public Hearing of the Huntington Beach City Council, the Civic Improvement Corporation and the Public Financing Authority. (City Council/Civic Improvement Corporation/Huntington Beach Financing Authority) Joint Public Hearing - Authorized Issuance of the 1993 Public Financing Authority Revenue Bonds for Refunding Certificates of Participation -Civic Center Refinancing Project — Police Administration Building Refinancing Project -- Adopted Council Resolution No. 2001.86 — Adopted Civic Improvement Corporation Resolution No. CIC 2001-1 Terminating Outstanding Agreement and Adopted Public Financing Authority Resolution No. 15 (330.60) Mayor/President Julien Houchen announced that this was the time scheduled for a public hearing to consider a communication from the Administrative Services Director requesting authorization for the issuance of Public Financing Authority Revenue Bonds. (10) November 5, 2001 - Council/Agency Minutes - Page 10 The joint public hearing is being held in accordance with Section 6586.5(a)(2) of the California Government Code with respect to the financing of improvements by means of the issuance of revenue bonds (the 'Bonds") by the Huntington Beach Financing Authority (the Authority") in an amount not to exceed $32,000,000 to provide funds for the refunding of the City's outstanding 1993 Refunding Certificates of Participation (Civic Center Refinancing Project) and 1993 Refunding Certificates of Participation (Police Administration Building Refinancing Project). A PowerPoint presentation titled Refinancing 1993 OOP's for Civic Center and Police Buildings - !November 5, 2001 is included in the agenda packet. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Assistant City Administrator William Workman and Administrative Services Director Clay Martin furnished oral reports regarding the subject current refunding bonds. Brian Quint, Agency Bond Counsel from the Law Firm of Quint & Thimmig reported on the difference between current versus advance refunding per Councilmember/Director Bauer's request. Agency Bond Counsel Quint stated that approval of the proposed transaction, will not limit the city to the one-time sale proviso, as the status is current refunding in this case. Administrative Services Director Martin added that the city is taking advantage of the interest rates. Mayor/President 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 closed by the Mayor/President. A motion was made by Bauer, second Garofalo to: 1. Adopt City Council Resolution No. 2001-86 -A Resolution of the City Council of the City of Huntington Beach Approving Proceedings to Refund the City's Outstanding 1993 Refunding Certificates of Participation (Civic Center Refinancing Project) and 9993 Refunding Certificates of Participation (Police Administration Building Refinancing Project), Approving the Issuance of Lease Revenue Bonds by the Huntington Beach Public Financing Authority for Such Purpose, and Approving Related Documents and Official Actions,' and 2. Adopt Civic Improvement Corporation Resolution No. 2001-1 - "A Resolution of the Board of Directors of the City of Huntington Beach Civic improvement Corporation Authorizing the Execution of a Termination Agreement in Connection with the Refunding of the Outstanding City of Huntington Beach 9993 Refunding Certificates of Participation (Civic Center Refinancing Project) and 9993 Refunding Certificates of Participation (Police Administration Building Refinancing Project), and Approving Official Actions," and (11) November 5, 2001 - Council/Agency Minutes - Page 11 3. Adopt Huntington Beach Public Financing Authority Resolution No. 15 — "A Resolution of the Board of Directors of the Huntington Beach Public Financing Authority Authorizing the Issuance and Sale of Lease Revenue Bonds in an Aggregate Amount not to Exceed $32, 000 000 Refund the City of Huntington Beach's Outstanding 1993 Refunding Certificates of Participation (Civic Center Refinancing Project) and 1993 Refunding Certificates of Participation (Police Administration Building Refinancing Project), and Approving Related Documents and Official Actions." The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None The Mayor/President Adjourned the Joint Meeting of the Civic Improvement Corporation and the Public Financing Authority and Reconvened to the Regular meeting of the City Council/ Redevelopment Agency. (City Council) Public Hearing Opened and Continued to November 19, 2001 to Consider Zoning Text Amendment No. 01-07 (Coastal Development Permit Appeal Language) — Approve Introduction of Ordinance No. 3517 Amending Huntington Beach Zoning Code Section 245.32 (420.80) Mayor Julien Houchen announced that this was the time scheduled for a public hearing to consider a communication from the Planning Director: Applicant: City of Huntington Beach Request: To amend Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance relating to direct appeal to the California Coastal Commission for any Zoning Administrator, Planning Commission, or City Council action within the appealable areas of the coastal zone. Location: Appealable areas of the coastal zone. Environmental Status: Notice is hereby given that Zoning Text Amendment No. 01-07 is categorically exempt from the provisions of the California Environmental Quality Act. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Planning Director Howard Zelefsky and the City Clerk furnished oral reports regarding the recommended action for opening and continuance of this public hearing. A motion was made by Garofalo, second Cook to open the public hearing and continue open to November 19, 2001. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (12) November 5, 2001 - Council/Agency Minutes - Page 12 (City Council) Public Hearing — Adopted Resolution No. 2001- 87 Approving Issuance by California Statewide Community Development Authority of Multi -Family Housing Revenue Bonds for Acquisition and Rehabilitation of a 185-Unit Multi -Family Affordable Rental Housing Project — Wycliffe Senior Garden Apartments, 18765 Florida Street, to be Owned and Operated by LOMCOIProvidence Housing, LLC (330.10) Mayor Julien Houchen announced that this was the time scheduled for a public hearing to consider a communication from the Economic Development Director: Public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to consider information concerning the proposed issuance by the California Statewide Communities Development Authority of Multifamily Housing Revenue Bonds in an aggregate principal amount not to exceed $16,000,000 to finance the acquisition and rehabilitation of a 185-unit multifamily rental housing project located at 18765 Florida Street, Huntington Beach, California and generally known as Wycliffe Gardens (the "Project"). The Project will be owned and operated by Providence Housing, LLC, a California limited liability company, or affiliated entities. Legal notice as provided to the City Clerk's office by staff had been mailed, published and posted. Economic Development Director David Biggs presented the PowerPoint slide report titled Public Hearing for the Issuance of Multifamily Housing Revenue Bonds for Wycliffe Gardens Senior Apartments, that had been announced earlier by the City Clerk as a Late Communication.. Mayor Julien Houchen declared the public hearing open. There being no persons present to speak on the matter and there being no protests fled, either written or oral, the hearing was closed by the Mayor. In response to Councilmember Bauer's inquiry, Economic Development Director Biggs stated that the current owner of the multi -family housing project, Wycliffe Gardens is LOMCO (Living Opportunities Management Company), which will also be the developer using the name of Providence Housing, LLC. Economic Development Director Biggs spoke regarding compliance relative to affordability covenants. He addressed Councilmember Garofalo's question that there are 19 housing units in the 186-unit senior apartment complex that are in the very low income range. Director Biggs informed Council that the owner will continue to accept the Housing & Urban Development (HUD) Housing Section 8 rental assistance vouchers. A motion was made by Bauer, second Dettloff to 1. Open the public hearing, take testimony, and close the public hearing on the proposed issuance of Multifamily Housing Revenue Bonds; and 2. Adopt Resolution No. 2001-87 — "A Resolution of the City Council of the City of Huntington Beach Approving the Issuance of Multifamily Housing Revenue Bonds ,by the California Statewide Communities Development Authority." The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (13) November 5, 2001 - CouncillAgency Minutes - Page 13 Consent Calendar — Item Removed for Separate Discussion The following item was removed from the Consent Calendar for separate discussion: (City Council) Resolution No. 2001-88 Approving Plans and Specifications for the Orange County Public Facilities and Resources Department's Three City Urban Runoff Diversion Projects: (1) Huntington Beach Pump Station at Beach/ Adams; (2) Talbert Channel, n/o Yorktown; and (3) Greenville — Banning Channel, n/o Atlanta (520.30) Consent Calendar — hems Approved On motion by Green, second Cook, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll cast vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency corrected page 16 of Regular meetings of September 4, 2001 (previously approved October 15, 2001). Approved and adopted the minutes of the Regular meetings of September 17, 2001 and Regular meetings of October 1, 2001 as written and on file in the Office of.the City Clerk. Submitted by the City Clerk. (City Council) Accepted the Traffic Signal Project Constructed by Baxter -Griffin Company, Inc. at FloridalYorktown and Graham/McFadden; CC-1135, and File a Notice of Completion (600.55) -- Accepted the Traffic Signals Project, CC-1135, at a final cost of $102,573, and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the Public Works Director. Funding Source: Air Quality Funds were authorized for this project. (City Council) Approved Amendment No. 4 to Cooperative Agreement No. C-95-975 between Orange County Transportation Authority (OCTA) and the City of Huntington Beach to Receive Funding for Regional Roadway Improvements (600.25) — Approved and authorized the Mayor and City Clerk to execute Amendment No. 4 to Cooperative Agreement No. C-95-975 between Orange County Transportation Authority (OCTA) and City of Huntington Beach. Submitted by the Public Works Director. Funding Source: None Required. (Attachment No. 1 lists the 35 Combined Transportation Funding Open Projects.) (City Council) Approved Appointments to the Children's Needs Task Force of Ian Collins with a Term to Expire of August 2004 and Aileen Manley with a Term to Expire of August 2003 (110.20) — Appointed the following individuals to the Children's Needs Task Force as recommended by Council Liaisons Mayor Pam Julien Houchen and Councilmember Shirley Dettloff for terms to expire as follows: Ian Collins — Term 11/01 to 08104; and Aileen Manley — Term 11-01 to 08-03. Submitted by the Community Services Director. Funding Source: Not Applicable. (14) November 5, 2001 - Council/Agency Minutes - Page 14 (City Council) Authorized FireMed Funds Appropriations for Fiscal Years 2001102 and 2002/03 and Approved Two Year Agreement between the City and Employment Systems Incorporated (ESI) for Ambulance Operators/Fire Interns (600.10) — 1. Authorized the appropriation of $40,000 from the Undesignated, Unappropriated FireMed fund balance to Emergency Ambulance Program Account; and 2. Approved and authorized the Mayor and City Clerk to execute Employment Systems, Inc. Agreement to Provide Staffing Services to the City of Huntington Beach for the City's Fire Department's Ambulance Program in the amount not to exceed $915,000 for FY 2001/02 and $930,000 for FY 2002/03 to provide leased ambulance operator/fire intern personnel to the City. Submitted by the Fire Chief/Information Systems Director. Funding Source: Fire Department Emergency Ambulance Program, Ambulance System Contractual Ambulance Services account - $875,000 and $40,000 from the Undesignated, Unappropriated FireMed for FY 2001/02 to meet total needs of $915,000; and $930,000 for FY 2002/03 to fund salary and benefits. (City Council) Approved City Departmental Projects to Receive the Highest Level of Focus for Funding Efforts by the City's State and Federal Lobbyists during the 2002 Legislative Session (340.10) — The Intergovernmental Relations Committee has reviewed the department recommendations for the Funding Priorities List and recommended the City Council take the following action. Motion: Approved the projects as shown in the 2002 Tier 1 Funding Priorities List (Attachment No. 1) as those projects to be the focus of the City's funding efforts in the coming year. Submitted by the Intergovernmental Relations Committee Chair, Councilmember Shirley Dettloff, Mayor Pro Tern Debbie Cook and Councilmember Ralph Bauer. Funding Source: Not Applicable. (Attachment No. 1 lists a total of 47 projects for various city departments.) (City Council) Adopted Resolution No. 2001-88 Approving Plans and Specifications for the Orange County Public Facilities and Resources Department's Three City Urban Runoff Diversion Projects: (1) Huntington Beach Pump Station at Beach/ Adams; (2) Talbert Channel, No Yorktown; and (3) Greenville — Banning Channel, n/o Atlanta (520.30) Councilmember Bauer requested that this agenda item be removed from the Consent Calendar for separate discussion in order to request a report from the Public Works Director relative to projects for diversion. Public Works Director Robert F. Beardsley responded that the County of Orange will be converting pump stations in similar fashion to the city's project. Councilmember Bauer expressed his concerns over bacteriological and biological contaminants in the ocean. A motion was made by Bauer, second Garofalo to adopt Resolution No. 2001-88 — "A Resolution of the City Council of the City of Huntington Beach Approving Plans and Specifications for the Construction Improvements to the Urban Runoff Diversion Projects for Huntington Beach Pump Station, Talbert Channel and Greenville -Banning Channel." Submitted by the Public Works Director. Funding Source: Orange County Public Facilities and Resource Department, Watershed and Coastal Resources Division. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (15) November 5, 2001 - Council/Agency Minutes - Page 15 (City Council) Approved the Purchase of a Police Department Replacement Helicopter -- Approved Appropriation of Funds (600.95) The. City Council considered a communication from the Chief of Police transmitting that the Huntington Beach Police Department operates a seven-day a week Aeronautic Program. To, optimize the operation for the benefit of the community and police officers, a three helicopter operation is necessary. Currently, the Police Aeronautics Unit has three helicopters in its fleet. Two are MD 520 N-NOTAR helicopters, the third is a 1985, MD 500E, unit N501HB. This helicopter has 16,000 hours of flight time logged on it and it is essential that N501 HB be replaced with a new helicopter. A PowerPoint presentation titled Replacement of Helicopter N501HB is included in the agenda packet. Funding Source: The total cost for a new helicopter is $1,131,000. The funding for the new helicopter is as follows: Type of Funding Funding Source Account Fiscal Year Number 2001-2002 Fund Balance State Abandoned 87570209 $550,000 Vehicle Funds New revenue - not in 2001- 2002 Sale of N501 FIB 55300553 $320,000 budget Fund Balance Helicopter 55570208 $41,000 Replacement Fund Balance Existing Appropriation Equipment 55340101 $220,000 Replacement Total Funding Available $1,131,000 Police Chief Ronald Lowenberg presented an oral report. Lieutenant Lloyd Edwards, TrafficlAero Bureau Commander delivered the PowerPoint Presentation titled Replacement of Helicopter N501HB, which was included in the agenda packet. Councilmember Boardman inquired how the service operation of the Aero Unit will change with three helicopters. Chief Lowenberg responded that the Police Department has had three, but sold one recently. He spoke regarding the cost-effectiveness of having three versus two helicopters, in that there will be less downtime for maintenance. The Chief of Police informed Council that service is not expected to be impacted. Councilmember Bauer stated his firm belief in the city's air surveillance force for having found a crime suspect who could not be detected from the ground. He relayed another incident, during which a helicopter unit identified where burning embers have landed, thus averting a fire in the neighborhood. (16) November 5, 2001 - Council/Agency Minutes - Page 16 Councilmember Green commended staff for an excellent slide presentation and pointed out the value of the report. He inquired as to the bulleted item on the PowerPoint slide titled Other City Departments relative to the HBTV-3 down link; whether or not one has not been installed because it is beyond budgetary limitations. Lieutenant Edwards responded by reporting on the costs to implement airborne video capabilities, stating that technology is changing so rapidly that spending the money this fiscal year may not be cost-effective. Councilmember Dettloff referred to the last slide regarding the DMG study, which compared the value of one helicopter with ground police personnel, inquiring if it is true that the helicopter provisions are still an integral part of the project. Police Chief Lowenberg informed Council of the genesis of the study and that DMG found that having three aircraft in the helicopter fleet proved to be the safest, in terms of speed of response. Councilmember Dettloff ascertained from Chief Lowenberg that funds are designated in the current budget for the purchase; that conversely, if not pursued will negatively impact the maintenance budget. Mayor Julien Houchen inquired if there is a way to make do with two helicopters; if it is possible to reduce service responses, to which Police Chief Lowenberg stated the belief that it would cost the city more in the next two budget years. Mayor Julien Houchen raised the possibility of restricting the dispatch of helicopters to individual calls, versus random patrols for the entire evening. She informed Council that she understands the costs and the proactive stance, but in light of what is happening with the budget she will not be supporting the motion. Considerable discussion ensued regarding the effects of deferring the proposed purchase, during which time Assistant City Administrator William Workman reported on budget cutbacks. Police Chief Lowenberg responded to Mayor Pro Tern Cook's question concerning helicopter maintenance and resale value. Councilmember Garofalo expressed his astonishment at the percentage of police to persons in the community. Stating that he would like to sustain the same level of service, he informed Council that he will move the recommended action. Councilmember Bauer seconded the motion. Prior to voting, Mayor Julien Houchen ascertained from Assistant City Administrator Workman the additional losses to the budget due to proceeds taken by the State. The possibility of elimination of city programs and activities was discussed. The pros and cons of the matter were debated, with the ratio of the value of one police helicopter worth as many as 13 ground personnel reiterated from the slide report relative to the DMG study results. (17) November 5, 2001 - Council/Agency Minutes - Page 17 Mayor Pro Tern Cook inquired regarding the date of purchase reflected in the proposed agreement, to which Chief Lowenberg responded in terms of a Letter of Intent. Assistant City Administrator Workman concurred with the Police Chief that the date of the contract is based on the replacement program and Council approval. Councilmember Green spoke regarding the efficiency of the Aero Unit program, and informed Council that he strongly supports the recommended action. Councilmember Dettloff stated that one of the reasons for her support, in the midst of budget considerations due to severe reductions, is that the city strives to maintain three core activities dealing with police, fire and the infrastructure. Mayor Julien Houchen stated that she validates the helicopter program, but maintains that there will be the same level of service; costing only $100,000 more a year in upkeep, as compared to expending $1,131,000 for the third helicopter. Police Chief Lowenberg informed Council that the money is earmarked for the proposed purchase, stating how the State Abandoned Vehicle Funds are restricted. A motion was made by Garofalo, second Bauer to 1. Authorize the Police Chief to execute the Purchase Agreement — MD 5001600 Series and expend up to $1,131,000 for the purchase and retrofitting of one MD 520N -NOTAR replacement helicopter; and 2. Appropriate $550,000 from the State Abandoned Vehicle Fund to expend for the purchase of the helicopter; and 3. Appropriate $41,000 from Helicopter Replacement Fund to expend for the purchase of a helicopter. The motion carried by the following roll call vote: AYES: Green, Cook, Garofalo, Dettloff, Bauer NOES: Boardman, Julien Houchen ABSENT: None (City Council) Approved Fiscal Year 2001/03 Expense and Revenue Budgets: (1) Sewer Service Revenue Fund from User Fees and (2) Drainage Repairs Capital Improvement (640.10) The City Council considered a communication from the Administrative Services Director and the Public Works Director transmitting that upon adoption of the Sewer Service User Fee on August 21, 2001, staff was directed to return to City Council with expense and revenue budgets for the Sewer Service Fund and an expense budget for the redirected General Fund monies. In addition, four 2000/01 carryover projects (described in Attachment No. 3) were not included in the adopted budget. Funding sources for the foregoing are as follows: The Sewer Service Fund is a new fund, No. 511 and new business unit (Attachment No. 1). The amount of $713,931 is budgeted in the Capital Improvement Fund, No. 301 (Attachment No. 2). Carryover projects in the amount of $6,076,430 are budgeted in Water Fund, FHWA grants Measure M and General Fund Capital Improvements (Attachment No. 3). A PowerPoint presentation titled Sewer Charge & C1P Budgets — Proposed Sewer Budget — Revenue & Expenditures is included in the agenda packet. Deputy Director Paul Emery presented the above -mentioned PowerPoint slide report. (18) November 5, 2001 - Council/Agency Minutes - Page 18 A motion was made by Bauer, second Green to 1. Approve the Fiscal Years 2001/03 Sewer Service Fund Budget; and 2. Approve the Fiscal Years 2001/03 Drainage Repairs Capital Improvement Budget; and 3. Amend the Fiscal Years 2001/03 budget with the addition of carryover projects in the amount of $6,076,430. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Adopted Ordinance No. 3514 Amending Chapter 8.40 of the Huntington Beach Municipal Code Relating to Loud Noises (640.10) After the City Clerk read by title, a motion was made by Bauer, second Garofalo to adopt by roll call vote, Ordinance No. 3514 — "An Ordinance of the City of Huntington Beach Amending Chapter 8.40 of the Huntington Beach Municipal Code Relating to Loud Noises." Submitted by the Chief of Police. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Adopted Ordinance No. 3515 to Amend the Duties of the Public Works Commission by Amending Chapter 2.111 of the Huntington Beach Municipal Code Relating to the Proposed Citizens' Infrastructure Advisory Board Relating to Removal of Marked Crosswalks and Audit Responsibilities of Infrastructure Funds (640.10) After the City Clerk read by title, a motion was made by Dettloff, second Green to adopt by roll call vote, Ordinance No. 3515 —An Ordinance of the City of Huntington Beach Amending Chapter 2.111 of the Huntington Beach Municipal Code Relating to the Duties of the Public Works Commission." (Introduction of Ordinance No. 3515 approved October 15, 2001. Resolution No. 2001-78 adopted on October 15, 2001, which relates to the removal of marked crosswalks.) The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Approved Introduction of Ordinance No. 3518 — Adding Huntington Beach Municipal Code Chapter 13.50 Relating to the Regulation of Trees Under the Community Forest Management Plan (640.10) The City Council considered a communication from the Public Works Director requesting approval for a new municipal code ordinance, which is proposed to establish and provide for the regulation of the maintenance, planting, and removal of city trees. After the City Clerk read by title, a motion was made by Green, second Dettloff to approve by roll call vote, introduction of Ordinance No. 3518 — "An Ordinance of the City of Huntington Beach Adding Chapter 13.50 to the Huntington Beach Municipal Code Relating to the Regulation of Trees." Submitted by the Public Works Director. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (19) November 5, 2001 - Council/Agency Minutes - Page 19 Councilmember Garofalo requested a staff report regarding the public comments relative to the alleged mistreatment of an individual by city employees. 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 9:50 p.m. to Monday, November 19, 2001, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. I City Clerk and ex-officio Clerf the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: do City Clerk -Clerk ayor-Chairman