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HomeMy WebLinkAbout2002-01-22Minutes City Council/Redevelopment Agency City of Huntington Beach Tuesday, January 22, 2002 5:00 P.M. - Room B-8 7:00 P.M. - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 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 Cook called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. City Council/Redevelopment Agency Meeting Roll Call Present: Green, Dettloff, Bauer, Cook (Boardman arrived 5:22 p.m.) Absent: Houchen Pursuant to Resolution No. 2000-54, Mayor Cook announced that Councilm"ember Houchen has requested and received permission to be absent from the meeting. (City Council/Redevelopment Agency) Study Session — Public Works Department Water Quality Issues Overview Presented Including City's Revised Santa Ana Regional Water Quality Control Board Stormwater National Pollutant Discharge Elimination System (NPDES) Permit — Staff to Return to Council June 2002 with Report on Storm Drain Issues (600.25) Public Works Department Director, Robert F. Beardsley introduced Environmental Engineer Geraldine Lucas and Deputy City Engineer Dave Webb. Ms. Lucas and Mr. Webb jointly presented a brief overview of water quality issues, concerns, and activities currently in process. The presentation also included an overview of the city's revised Santa Ana Regional Water Quality Control Board's (SARWQB) Stormwater National Pollutant Discharge Elimination System (NPDES) permit. Environmental Engineer Lucas presented a PowerPoint slide report, which had been submitted to Council after distribution of the agenda packet. The Late Communication is titled State Water Board StortnwaterNPDES (National Pollutant Discharge Elimination System) Permit Santa Ana Region. Environmental Engineer Lucas informed Council that Mayor Pro Tern Bauer has worked with staff and is very familiar with the issues. (2) January 22, 2002 - Council/Agency Minutes - Page 2 Referring to Slide No. 5 titled Principal Permittee (County) — Restaurant Inspection Requirements, Environmental Engineer Lucas clarified for Mayor Cook the County's role as principal permiffee. Environmental Engineer Lucas informed Council that the new permitting requirements recommend the use of a GIS (Geographic Information System), which the city already utilizes. Referring to Slide No. 13 of the PowerPoint presentation titled Public Education & Outreach, Environmental Engineer Lucas stated that the County is taking a lead in developing storm water guidelines by way of the Best Management Practices (BMP), The city's lack of flexibility as to the allocation of its limited resources was brought forward for Council discussion by Environmental Engineer Lucas. She stated that the city wants to hire much needed code enforcement personnel. Environmental Engineer Lucas illustrated her reasons by referring to Slide No. 14 titled City Staff's Current Position on Permit, which outlines said concerns regarding the ambiguity of the permitting standards. Deputy City Engineer Dave Webb provided an update of the Regional Channel projects. He spoke regarding the Bolsa Chica and the East Garden Grove-Wintersburg Channels. Public Works Director Beardsley announced that there will be an increase in the co-permittee fee. He expressed his hope that the County will take over some responsibilities regarding this matter. Director Beardsley spoke regarding additional staffing needs. Councilmember Dettloff inquired as to what are the areas of vulnerability in regard to the most problematic permitting issues. Environmental Engineer Lucas responded that would be enforcement awareness. She clarified an increase in the demand for code enforcement has been identified based on the high volume of calls received from residents. Deputy City Engineer Webb offered a comparison between the cities of Huntington Beach and Santa Monica, referring to the latter's water quality program, Build the Bay. He stated that there are seven channels in Huntington Beach. Deputy City Engineer Webb informed Council that the Regional Water Quality Control Board has deemed the city of Huntington Beach "as leading the pack" in addressing water quality issues. Councilmember Dettloff asked what would be the result if the city does not meet the permitting requirements. Environmental Engineer Lucas responded that the Water Board will conduct an audit and fine the city if its practices are not in compliance. - Councilmember Dettloff stated her intent to speak as a Coastal Commissioner regarding the financial resources needed for manpower. She expressed the belief that the State needs to take responsibility for the issues at hand. Councilmember Green requested clarification as to what extent the permit process changes the city's business procedure, aside from resulting in more inspections. He cited an example, how the new standards would affect the Wal-Mart project, which had been approved using the existing process. Environmental Engineer Lucas answered Councilmember Green's inquiry stating for instance, the new requirement takes into account the 24-hour storm drain standards of treatment. She (3) January 22,2002 - Council/Agency Minutes - Page 3 stated that the difference is before the new permitting standards were in force there was no specificity as to the volume (flow) of storm water to be treated. Public Works Director Beardsley informed Council that staff conducts a monthly monitoring of the Wal-Mart store, as it typifies any home improvement store subject to potential code.. violations, such as litter, toxic waste and other similar sewage output. Council inquired if an ordinance covering restaurant grease traps is being proposed. Public Works Director Beardsley reported that eventually there will be an ordinance to be enforced region -wide, but one which each city will be required to administer. In reply to a Council inquiry regarding cost to the County, Director Beardsley stated perhaps $15,000,000 but said he will return to Council with an estimate. Councilmember Bauer requested a timeline. Director Beardsley informed Council that staff is working with a consultant firm, CDM, Inc. on a number of related issues, and will bring forward a request Council approval of a fee within six months. Councilmember Bauer spoke regarding unfunded mandates. Public Works Director Beardsley stated that 49 cities are contesting the permitting process. City Administrator Ray Silver informed Council that staff will return regarding the storm drain issues being addressed by CDM, Inc. Councilmember Bauer asked if Proposition 218 funds are to be used, to which staff replied that it is a possibility. Councilmember Bauer inquired to what extent the Orange County Sanitation District participated. Director Beardsley responded that the County has formed an ongoing committee. The Mayor thanked staff for the reports. Motion to Recess to Closed Session — Approved A motion was made by Boardman, second Dettloff to recess to Closed Session on the following items. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with its designated representatives, Agency Negotiators: William Workman, Assistant City Administrator; William Osness, Personnel Director; Clay Martin, Director of Administrative Services; Richard Whitmore, Esq. of Whitmore, Johnson & Bolanos; and Steven M. Berliner, Esq. of Liebert, Cassidy and Frierson regarding labor relations mafters — meet and confer vVith the following employee organizations: HBMEA, H13ME0, and HBFMA. Subject: Labor Relations— Meet& Confer. (120.80) (4) January 22, 2002 - Council/Agency Minutes - Page 4 Reconvened City Cou ncil/Re dove I op ment Agency Meeting - 7:00 P.M., Council Chambers No Actions Taken Which Require a Reporting Pursuant to Government Code §54957.1 (a) (3) (13)). Mayor Cook asked City Attorney Gail Hutton if there were any actions taken by the City Council or Redevelopment Agency in Closed Session that required a reporting. City Attorney Hutton responded that there were no actions to report. City Council/Redevelopment Agency Roll Call Present: Green, Dettloff, Bauer, Cook, Boardman Absent, Houchen Pursuant to Resolution No. 2000-54, Mayor Cook announced that Councilmember Houchen has requested and received permission to be absent from the meeting. Announcement Made by Mayor Cook of the Passing of Former Mayor and Councilmember Ruth Finley (120.70) Mayor Cook expressed the City Council's condolences to the family of former Mayor and City Councilmember Ruth Finley who passed away on January 14, 2002 after an extended illness. Ruth was a Councilmember from 1979 through 1988. The City Clerk Announced Late Communications Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced Late Communications regarding agenda items that had been received by her office following distribution of the agenda packet: Slide show presentation dated January 22, 2002 from the Department of Public Works titled State Water Board Stormwater NPDES Permit Santa Ana Region Communication submitted by Joey Racano to the City Clerk's Office on January 22, 2002 transmitting a recommended question to ask persons applying to fill vacancy on the City Council. Communication submitted by the City Clerk's Office on January 22, 2002 transmitting a revised Council Appointment Timeline. Communication titled January 2002 Council Appointment Timeline (Revised 1122102). Slide show presentation dated January 22, 2002 from Shari Freidenrich, City Treasurer titled November Treasurer's Report. Slide show presentation dated January 22, 2002 from the Department of Public Works titled City Hall Infrastructure Improvements — 1" Floor & Lower Level Modifications. Slide show presentation dated January 22, 2002 from the Department of Public Works titled Revision to City Ordinance 8.20 — Refuse. (5) January 22, 2002 - Council/Agency Minutes - Page 5 City Clerk Announced Letter from Gresham, Savage, Nolan & Tilden, LLP, Attorneys at Law Written on Behalf of Wal-Mart Re: Certificate of Occupancy (160.30) The City Attorney handed the City Clerk and directed the City Clerk to announce a letter dated January 22, 2002 from Gresham, Savage, Nolan & Tilden, LLP, Attorneys at Law, written on behalf of Wal-Mart taking issue with the city's position to not issue Certificate of Occupancy until conditions are met. (The letter is on file in City Clerk's Office.) Presentation — By Mayor Debbie Cook to State Assemblyman Tom Harman, a commendation for his attentive representation and support to the City of Huntington Beach and residents from his office in Sacramento. (160.40) Presentation — By Mayor Debbie Cook to Huntington Beach Police Department Officer Arden Fick and Orange County Authority, Firefighter/Paramedic Pete Trapini, Certificates of Commendation for their selection as two of 38 Orange County Residents who carried the Olympic Torch as it winds its way to Salt Lake City, Utah. (160.40) Mayor's Award — By Mayor Debbie Cook and Huntington Beach Police Captain Jim Cutshaw to "Team Cops:" Sergeant Gary Meza, Sergeant Greg Moore and Sergeant Robert Orosco, (160.40) Public Comments Alan Dauger spoke in favor of the agenda item on the Municipal Code pertaining to refuse. He expressed approval that an enforceable standard is being set for trash bins. Mr. Dauger recommended a revision relative to the "one half per cubic yard" measurement. Dennis Davenport commented on the Council Committee agenda items, offering reasons for his support of Bill Borden for appointment to fill the Council vacancy. Dick White, President of Council on Aging, thanked Mayor Pro Tem Bauer and Councilmember Dettloff for their assistance to seniors. He announced the "Senior Saturday" event to be held on September 14, 2002 at the Pier Plaza. Lou Baker spoke in support of enabling auto dealers to increase their revenues so as to increase tax revenue to city. Norm Westwell requested the deficit be solved by trimming services such as reducing the Police Department budget. Mr. Westwell spoke in opposition to the street sweeping and managed competition programs and recommended the elimination of contract employees. Debbie Borden objected to the absence of the Invocation from the agenda. Ms. Borden recited The Lord's Prayer, Bob Mc Adam, Vice President of Government Relations for Wal-Mart, spoke on behalf of his associates. He requested that Wal-Mart be treated as other developers and be allowed to post a bond so the store can open. Mr. Mc Adam requested Council assistance towards a solution in obtaining the Certificate of Occupancy. (6) January 22, 2002 - Council/Agency Minutes - Page 6 John Jankowski, retired Senior Legislator and Senior Advocate, presented reasons for his opposition to Measure EE on the city's March 5, 2002 ballot, due to its effect on low-income senior mobile home owners. He furnished demographic information of mobile.home park residents. Mr. Jankowski spoke in support of a rent stabilization ordinance. Mark Dixon expressed appreciation to Council for revising the application for massage therapists to reflect the high standards of the profession. Diane Adams invited all to "New Smooth Jazz" Series in June 2002. She spoke regarding the line-up, stating that the proceeds will benefit children with autism. Ms. Adams named the sponsors, including Good Neighbor Pharmacy and the Claim Jumper. She provided the website: www.bb'a=central.com and the phone number (714) 377-7574. Virginia Sims stated that she does not believe in the "separation of Church from State," speaking in opposition to the removal of the Invocation from the Council meeting. Lynda Feffer spoke as a shareholder of Wal-Mart stock and stated her opposition to the postponement of the Certificate of Occupancy due to the handrail issue at Lambert Park.. Robert Cronk requested that Wal-Mart meet the Conditions of Approval prior to opening. Mr. Cronk stated the belief that the City Code of Ethics should be reviewed on an annual basis, speaking in favor of the Mayor's agenda item. Ann Beasley spoke in support of Wal-Mart being allowed to open and the Certificate of Occupancy issued. Dave Sullivan, representative of Huntington Beach Tomorrow, informed Council that his group voted to support former Mayor Grace Winchell for the Council vacancy, should she submit an application. He opposed the appointment of a particular candidate to fill the Council seat. Dr. Sullivan spoke regarding Councilmembers' comments on Orange County Register Newspaper reporting. Steve Gullage, President of the Huntington Beach Mobile Home Owners Association (HBMHOA) and the State President of the Golden State Mobile Home Owners League (GSMOL), questioned the Board of Realtors' support for Measure EE on the March 5, 2002 Special Municipal Election Ballot. Mr. Gullage addressed the measure's effect on mobile home residents. Steve Ray concurred with the last speaker relative to Measure EE. Mr. Ray requested that Council adopt a resolution in opposition to the measure for the March 5, 2002 Special Municipal Election. (City Council) Approved Mayor Cook's Request for Review of Code of Ethics (per Council Resolution No. 6524 Adopted October 4, 1993) for all Elected Officials, Officers, Employees and Boards/Commissions/Committee Members — Authorized the City Administrator to Enter into Professional Services Contracts (in Lieu of the Mayor's Breakfast) for Training and Development in Support of Mayor's Workshops on: (1) Conflict of Interest (2) the Ralph M. Brown (Open Meetings) Act (3) Ethics and (4) Regional Issues (110.40) The City Council considered the communication from Mayor Debbie Cook transmitting the following: (7) January 22, 2002 - Council/Agency Minutes - Page 7 At the City Council meeting of October 4, 1993, Resolution No. 6524 was approved adopting a Code of Ethics for all elected officials, officers, employees and members of advisory boards, commissions, and committees. This Code specifies that it should be reviewed annually by the City Council, city departments, and all boards, commissions, and committees. It also specifies that all new employees are to be provided a copy of the Code when they are elected or appointed. The Council memo further sets forth: By way of this memorandum, I am reestablishing this practice and am requesting that all board, commission, and committee chairs also review this Code with their respective members. This year during my term as Mayor, it is also my intent to hold a number of Mayor's Workshops, in lieu of the traditional Mayor's Breakfasts. The workshops will be open to council, staff, boards and commission members, as well as the public, and include such topics as conflict of interest, open meeting requirements, ethics, problem solving -resolution skills, and regional issues. The budget formally utilized for hosting Mayor's Breakfasts ($2,500) will be used in providing this training. Resolution No. 6524 with the Code of Ethics was included in the agenda packet. Mayor Cook delivered a brief oral report that her recommendation is for the workshops to replace the Mayor's Breakfast. A motion was made by Boardman, second Dettloff to authorize the City Administrator to enter into agreements with various professional service contractors for purposes of providing training and development in support of the Mayor's Workshops in an amount not to exceed $2,500. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (City Council) Approved Questions for and Process of Interviews of Persons Applying to Fill Vacancy on City Council (120.40) The City Council considered communication from Mayor Pro Tern Bauer submitting the following: Input was received from all Council Members about questions for Council aspirants. As you might expect, there were more questions than would be reasonable to ask in a 1 5-minute interview. To remedy this, the recommended questions were made somewhat more generic. Some possible alternative questions were added in a second group. Even though they may not be asked during the interview, the candidates for Council will undoubtedly recognize that Group 2 questions relate to issues that are important to the Council and the city. Group 1 — General Questions: 1. What are your qualifications to serve the city of Huntington Beach? What has been your involvement in city affairs? 2. What do you believe are the top issues for the city over the next five years and how would you address them? 3. How would you enhance city income to pay for needed services and capital improvements? 4. What is your vision for Huntington Beach? (8) January 22, 2002 - Council/Agency Minutes - Page 8 Group 2. — Specific Questions: 1. How would you address the city's infrastructure needs? 2. How would you deal with youth sports needs? 3. How would you deal with senior citizen needs? 4. What are your views on the 301H waiver under which the Orange County Sanitation District is operating? 5. What do you think should happen on the Balsa Chica Mesa? 6. How can the city recruit and retain a highly qualified staff? Discussion was held regarding interview questions to be selected: Councilmember Green voiced his support of the question relating to retaining qualified city staff. Councilmember Boardman spoke in favor of the applicants briefly making suggestions on what can be done on the Balsa Chica Mesa. Mayor Cook stated her preference for Group 1, as it is more generic. Councilmember Green recommended that each Councilmember take alternate turns on asking questions from both Groups 1 and 2. A motion was made by Bauer, second Green to 1. Approve the questions as described above from: Group I — General Questions with additional questions from Group 2 — Specific Questions as recommended by the Council; and 2. Approve that each Councilmember take alternate turns to interview the applicants. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (City Council) Approved as Amended, Procedure to Fill Vacancy on City Council (120.10) The City Council considered a communication from Mayor Debbie Cook submitting the following: I am requesting that Council consider amending the procedure set out at the January 7, 2002 Council meeting wherein the City Council is to interview all applicants. The City Clerk has given out, as of Friday January 18, 2002, 33 applications to fill the vacancy on the City Council. The closing date is Friday, January 25, 2002. Attached, for Council's consideration, is a calendar setting forth a proposed revised procedure similar to the procedure used in filling the last vacancy. This procedure consists of each Councilmember selecting up to 3 applicants to be interviewed. The number of applicants to be interviewed would be no more than 18 and most likely less. Council debated the merits of selective interviewing versus interviewing all the applicants: Councilmember Green expressed the desire to interview all applicants. Councilmember Boardman suggested amending the number of applicants to be selected from 3, to 4 or 5. (9) January 22, 2002 - Council/Agency Minutes - Page 9 Councilmember Dettloff informed Council that she will not be supporting the motion, as she believes it is fair to interview all applicants. Councilmember Dettloff based her decision on her experience with the interview process, Councilmember Bauer concurred with Councilmember Dettloff that it is appropriate to interview all applicants. Following discussion, by unanimous consent with all present, Houchen absent, revision of the Council Timeline Calendar was approved as follows: 1 Interviews to be conducted at Adjourned Council meeting on Monday, January 28, 2002 from 2:00 p.m. to 6:00 p.m. (6:00 p.m. to 6:30 p.m. break) continue 6:30 p.m. to 9:00 p.m. 2. Continuation of Interviews to Adjourned Council meeting on Friday, February 1, 2002, at 3:00 p.m. until such time as interviews completed. 3. Appointment to be made at Adjourned Council meeting to be held Saturday, February 2, 2002, at 9:00 a.m. (City Council) Reviewod and Accepted Shari Freldenrich, City Treasurer's November 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 City Treasurer Shari Freidenrich transmitting the Monthly Investment Report for November 2001. City Treasurer Freidenrich presented the PowerPoint slide report that had been announced by the City Clerk as a Late Communication. City Treasurer Freidenrich highlighted two significant changes relating to interest rates. A motion was made by Green, second Dettloff to review and accept the monthly report. Following review of the report, by motion of Council, accept the Monthly Investment Report Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for November 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, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen Consent Calendar — Item Removed for Separate Discussion The following item was removed from the Consent Calendar for separate discussion: (City Council) Approve Professional Services Contract between the City and Conrad Business Services, Inc. to Perform a Cost Allocation Plan and a Comprehensive User Fee Study (600.10) (10) January 22, 2002 - Council/Agency Minutes - Page 10 Consent Calendar — Items Approved On motion by G-reen, second Dettloff, Council approved the following Consent.Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Green, Bauer, Dettloff, Cook, Boardman NOES: None ABSENT: Houchen (City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency Regular Meetings of December 17, 2001 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (City Council) Received and Accepted Resignation of Linda Couey from the Historic Resources Board and Directed the City Clerk to Post the Vacancy in Accordance with the Maddy Act (110.20) — Received and accepted Letter of Resignation of December 5, 2001 from Linda Couey of the Historic Resources Board and directed the City Clerk to post the vacancy in accordance with the Maddy Act. Submitted by the Community Services Director. Funding Source: Not Applicable, (City Council) Approved Increase in Building and Safety Department's Building Inspection Table of Organization by Decreasing Contract Services —Approved Transfer of Funds (700. 10) — 1. Approved the addition of two Inspector III positions to the Building and Safety Table of Organization; and 2. Authorized the transfer of approved funding from contract services to permanent salaries account to cover the salary costs for the remaining of the fiscal year. Submitted by the Building and Safety Director. Funding Source: The two Inspector III positions would be financed by transferring budgeted Contract Services funding from 10055201.69365 to permanent salary accounts for the remaining of the fiscal year. Thereafter, the positions would be included in the annual budget. (City Council) Approved Plans and Specifications for Overmyer Reservoir Rehabilitation Project (Phase 1) and Authorized Advertisement for Bids — CC-1 104 (600.75) — Approved the plans and specifications and authorized the Director of Public Works to request bids for Phase I of the Overmyer Reservoirs Rehabilitation Project, CC-1 104. Submitted by the Director of Public Works. Funding Source: $7,500,000 — Water Master Plan Fund, Overmyer Reservoir Account (City Council) Approved: (1) Second Amendment to Easement and Maintenance Agreement and Accepted Quitclaim Deeds between the City and PLC Land Co./ Lennar Homes/Boardwalk Shoreline and Lighthouse/Seacliff on the Greens; and (2) Approved Amendment to Wall Easement and Maintenance Agreement Now Entered into by the City with PLC Land Co./Aminoll USAISeacliff Estates for Tract No. 15795 (s/s Palm Avenue between Goidenwest Street and Cherryhill Drive) (600.10) — 1. Approved Second Amendment of Easement and Maintenance Agreement and Quitclaim Deed and authorize the Mayor and City Clerk to execute on behalf of the City of Huntington Beach; and 2. Approved Amendment of Wall Easement and Maintenance Agreement and Quitclaim Deed entered into by Huntington Beach Company (now PLC Land Co.), Aminoil USA, Inc. and Seacliff Estates and entered into and approved said Amendment and authorized the Mayor and City Clerk to execute and now enter into said agreement on behalf of the City of Huntington Beach; and 3. Instructed (11) January 22, 2002 - Council/Agency Minutes - Page 11 the City Clerk to record the above documents with the Orange County Recorder. Submitted by the Public Works Director. Funding Source: Not Applicable. (City Council) Received and Approved Inventory Report and Displayed the Civic Center Art Collection - Directed Staff to Implement a Collection Control Program (900.30) 1. Received and approved inventory report of the Civic Center art collection; 2. Directed staff to proceed with placing artwork throughout city hall; and 3. Implemented a Collection Control Program. Submitted by the Community Services Director. Funding Source: Not Applicable. (City Council) Adopted Resolution No. 2002-6 Establishing City Council Authority for Department Heads to Delegate Their Signature Authority to Departmental Positions (Relative to Huntington Beach Municipal Code Chapter 3.02 Purchase of Goods and Services and Chapter 3.03 Professional Services (630.50) - Adopted Resolution No. 2002-6 - "A Resolution of the City Council of the City of Huntington Beach Establishing the Delegations of Authority for the Execution of Contracts from Department Heads to Departmental Positions. Submitted by Administration. Funding Source: Not Applicable. (City Council) Approved Project Plans and Specifications for the Miscellaneous Sewer Lining Project - Phase I - Authorized the Public Works Director to Advertise for Bids; CC-1178 (a Portion of Santa Ana Regional Water Quality Control Board's (SARWQCB) Approved Work Plan) (600.60) - Approved the project plans and specifications and authorized the Director of Public Works to request bids for the Miscellaneous Sewer Lining Project Phase 1; C&I 178. Submitted by the Public Works Director. Funding Source: $800,000 Sewer Service Fund, Sewer Line Repairs Account. (City Council) Accepted Phase 11 of the City -Wide Energy Retrofit Project and Authorized the City Clerk to File a Notice of Completion; MSC-352 - Sempra Energy Solutions (through Huntington Beach Public Financing Authority Lease Revenue Bonds, 2000 Series A) (600.10) - Accepted Phase I I of the City -Wide Energy Retrofit Project, as completed by Sempra Energy Solutions at a cost of $2,165,195.79, 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: $2.2 million were authorized for this project through the Huntington Beach Public Financing Authority Lease Revenue Bonds, 2000 Series A (Capital Improvement Financing Project). (City Council) Continued from January 7, 2002 - Adopted Resolution No. 2002-2 - Modifying Salary and Certain Benefits for the Elected City Attorney (700.90) - Approved and adopted Resolution No. 2002-2 - "A Resolution of the City Council of the City of Huntington Beach Modifying Benefits and Salary for Calendar Year 2002 for the Elected City Attorney, " Submitted by the City Attorney. Funding Source: Funding included in FY 01/02 budget. (City Council) Continued ftom January 7, 2002 - Adopted Resolution No. 2002-3 - Modifying Salary and Certain Benefits for the Elected City Clerk (700.90) - Approved and adopted Resolution No. 2002-3 -A Resolution of the City Council of the City of Huntington Beach Modifying Benefits and Salary for Calendar Year 2002 for the Elected City Clerk." Submitted by the City Clerk. Funding Source: Funding included in FY 01/02 budget. (City Council) Continued from January 7, 2002 - Adopted Resolution No. 20024 - Modifying Salary and Certain Benefits for the Elected City Treasurer (700.90) - Approved (12) January 22, 2002 - Council/Agency Minutes - Page 12 and adopted Resolution No. 2002-4 — "A Resolution of the City Council of the City of Huntington Beach Modifying Benefits and Salary for Calendar Year 2002 for the Elected City Treasurer" Submitted by the City Treasurer. Funding Source: Funding included in FY 01/02 budget. (C.ity Council) Approved Affordable Housing Agreement between the City and Fountains Huntington Beach, LLC (The Fountains Senior Apartment Project) — s/w Corner of Main and Gothard Streets (Holly-Seacliff Specific Plan) (600.10) — Approved the Agreement Containing Covenants Affecting Real Property by and between the City of Huntington Beach and Fountains Huntington Beach, LLC, a Delaware Limited Liability Company and authorized the Mayor and City Clerk to execute same. Submitted by the Planning Director. Funding Source- Not Applicable. (City Council) Adopted Resolution No. 2002-7 Approving a Classification Plan Amendment for the Administrative Services and the Planning Departments and Approved an Amendment to their Table of Organization Charts (700. 10) — 1. Adopted Resolution No. 2002-7 — "A Resolution of the City Council of the City of Huntington Beach to Amend the Classification Plan by Adding, Deleting and Modifying Classifications in the City Classification P/an;"and 2. Approved an amendment to the Administrative Services Department's Table of Organization by adding a Personnel Analyst/Personnel Analyst, Senior; Payroll Technician; Senior Payroll Technician and Payroll Analyst and to the Planning Department's Table of Organization by adding a Planning Manager, Submitted by the Administrative Services Director. Funding Source: The Personnel Analyst/Personnel Analyst, Senior is funded in FY 01/02 by General Funds in the Administrative Services. Department, Payroll Classification Series and the Planning Manager is funded in the Planning Department Account. (City Council) Approved a Professional Services Contract between the City and Diane Turner for Public Information (PIO) Departmental Support (600.10) — Approved the Professional Services Contract between the City of Huntington Beach and Diane Turner for Public Information Services and authorized the Mayor and City Clerk to execute the agreement. Submitted by the Communication and Special Projects Director. Funding Source: Transfer from Public Information Office's Personnel Services Account into Public Information Office's Contract Services Account in an amount not to exceed $50,000. (City Council) Approved a Professional Services Contract between the City and Conrad Business Services, Inc. to Perform a Cost Allocation Plan and a Comprehensive User Fee Study (600. 10) Councilmember Boardman requested that this agenda item be removed from the Consent Calendar. She inquired as to why the proposed study was not incorporated as part of the permit fee streamlining process recently adopted by Council. City Administrator Ray Silver provided the distinction between the above -captioned proposal and the streamlining procedure, stating that the lafter dealt with zoning code rewrites that have been 'in the making for the last two years. City Administrator Silver stated that the proposed fee study is comprehensive and goes beyond the zoning code. In reply to a question by Councilmember Boardman, City Administrator Silver stated that the last fee study of this nature had been conducted in 1993. (13) January 22,2002 - Council/Agency Minutes - Page 13 A motion was made by Boardman, second Dettloff to 1. Approve Professional Services Contract between the City of Huntington Beach and Conrad Business Services, Inc. for Cost Allocation Study and Comprehensive Fee and Rate Study; and 2. Authorize execution by the Mayor and City Clerk. The motion carried by the following roll call vote: AYES: Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (Green out of the room) (Redevelopment Agency) Adopted Agency Resolution No. 329 — Approving Owner Participation Agreement (OPA) and Affordable Housing Agreement between Redevelopment Agency and Fountains Huntington Beach, LLC (formerly Huntington Woods) for Development of Fountains Huntington Beach Senior Apartment Complex — s/w Corner Main/Gothard and Adopted Agency Resolution No. 330 Declaring Intent to Reimburse Expenditures from Tax -Exempt Obligations — ApprovedTemporary Waiver of City's Insurance Requirements (600.30) The Redevelopment Agency considered a communication from the Deputy Executive Director transmitting a proposed Owner Participation Agreement (OPA)/Affordable Housing Agreement between the Redevelopment Agency and Fountains Huntington Beach, LLC. This agreement provides for a residual receipts loan in the amount of $2 million of Redevelopment Agency Housing set aside funds for the purpose of reducing the rents on 80 units of low and lower income senior households for a period of 60 years in the Fountains Huntington Beach Senior Apartments, The project is to be built on the property located at the southwest corner of Main and Gothard Streets (formerly near Clay Avenue), immediately behind the new Seacliff Shopping Center. The staff report further sets forth that two Redevelopment Agency resolutions are submitted for adopfion: (1) A Resolution approving the Owner Participation Agreement/Affordable Housing Agreement allowing the Agency to invest in low and moderate income housing outside the Project Area, and (2) A Resolution allowing the Agency to substitute bond proceeds as the source of financing for this project, at a later date, should it become feasible and necessary. Funding Source: Up to $2 million of Agency Housing set aside funds are budgeted in the Fiscal Year 2001-2002 budget. A PowerPoint presentation titled The Fountains Huntington Beach Senior Apartment Complex Owner Participation Agreement was included in the agenda packet. Acting Executive Deputy Director/Housing and Rehabilitation Manager Gus Duran presented the aforementioned PowerPoint slide report. Acting Director Duran informed Council relative to the current status of the project in question. Mr. Duran stated that said modifications are being requested for the affordable senior housing agreement due to the fact that the Fountains Huntington Beach, LLC (formerly Huntington Woods) is no longer a Real Estate Investment Trust. A motion was made by Green, second Dettloff to: Adopt Agency Resolution No. 329 — 'A Resolution ofthe Redevelopment Agency of the City of Huntington Beach Approving an Owner Participation and Affordable Housing (14) January 22, 2002 - Council/Agency Minutes - Page 14 Agreement by and between the Redevelopment Agency of the City of Huntington Beach and the Fountains Huntington Beach, LLC,' and 2. Adopt Agency Resolution No. 330 — "A Resolution of the Redevelopment Agency of the City of Huntington Beach Declaring Intention to Reimburse Expenditures from the Proceeds of Tax -Exempt Obligations and Directing Certain Actions;" and 3. Authorize execution and recordation of the OPA, all attachments, and other necessM documents by the Agency Chairman, Agency Clerk, and the Executive Director, when advised by the Agency's General Counsel — Owner Participation Agreement by and between Redevelopment Agency of the City of Huntington Beach, a public body, corporate and politic and Fountains Huntington Beach, LLC, a Delaware Limited Liability Company,," and 4. Temporarily waive the Agency's insurance requirements for the purpose of approving the Agency loan. Direct staff to ensure that insurance requirements as described in the Owner Participation Agreement are met by Fountains Huntington Beach, LLC by the close of escrow. The motion carried by the following roll call vote: AYES.- Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (Redevelopment Agency) Adopted Agency Resolution Nos. 331 and 332 Circulating Certain Documents for the Proposed Southeast Coastal Redevelopment Project — Approved as Amended to Direct Staff to Send Copies of Environmental Impact Report (EIR) to the Southeast Huntington Beach Neighborhood Association (SEHBNA) and the Banning Branch Library (410.75) The Redevelopment Agency considered a communication from the Deputy Executive Director submitting a request for the Agency's consideration of two resolutions relating to the proposed Southeast Coastal Redevelopment Project. The first resolution approves a Preliminary Report on the Draft Redevelopment Plan, and authorizes transmittal of the Preliminary Report and Draft Redevelopment Plan to the Planning Commission and affected taxing agencies as required by Redevelopment Law. The second resolution adopts and makes available for public inspection Draft Rules Governing Participation and Preferences by Property Owners and Business Occupants within the proposed Project Area. The staff report further sets forth that approval of these documents will provide the public; more information on the proposed Redevelopment Plan scheduled to be considered by the City Council and Redevelopment Agency after a noticed public hearing in May 2002. (15) January 22, 2002 - Council/Agency Minutes - Page 15 A PowerPoint presentation titled Proposed Southeast Coastal Redevelopment Project was included in the agenda packet. Agency Member Boardman ascertained that the Environmental Impact Report"was ready for release and requested that staff ensure that copies of the EIR are sent to the homeowners in the Southeast Neighborhood Asscmc�iation (SEHBNA). Agency Chair Cook instructed Acting Director Duran to provide three copies for the Banning Library with two copies available for check out. Agency Member Boardman encouraged everyone interested to provide feedback relative to the Enviromental Impact Report. A motion was made by Boardman, second Dettloff to: Adopt Agency Resolution No. 331 —A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving the Preliminary Report for the Proposed Southeast Coastal Redevelopment Project and Authorizing Submittal of the Preliminary Report and the Draft Redevelopment Plan for the Southeast Coastal Redevelopment Project," and 2. Adopt Agency Resolution No. 332 —A Resolution of the Redevelopment Agency of the City of Huntington Beach Adopting and Making Available for. Public Inspection Draft Rules Governing Participation and Preferences by Property Owners and Business Occupants for the Southeast Coastal Redevelopment Project," and 3. Direct staff, as amended, to send copies of Environmental Impact Report to the Southeast Area Neighborhood Association and to provide three copies for the Banning Library with two available for check out. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (City Council) Approved Plans and Specifications and Authorized Advertisement for Bids for the City Hall Tenant Improvement Project, CC-i 184 — Directed Staff to Provide Timeline for Completion of the Project (600.80) The City Council considered a communication from the Administrative Services Director, the City Treasurer, and the Public Works Director transmitting the following: Statement of Issue: Plans and specifications for the completion of the first floor tenant improvement and lower level remodel are in final building plan review and will be ready for bid upon approval by the Director of Public Works. Staff requests permission to advertise for competitive bids. (16) January 22, 2002 - Council/Agency Minutes - Page 16 Funding Source: Funds are budgeted in the Capital Improvement Fund in two City Hall Rehabilitation Accounts ($980,000 and $600,000); Lower Level Improvements 4$20,000); Civic Center Fire Sprinklers ($175,000) and the Equipment Replacement Fund, Communications Equipment ($50,000). Furniture costs totaling $572,600 will be funded in subsequent budgets over 36 months. Total project costs is $2,397,600. Assistant City Administrator William Workman reported on the PowerPoint presentation, which had been announced earlier by the City Clerk as a Late Communication. Councilmember Boardman inquired as to the efficiency of the heating and cooling systems and the security upgrade. Assistant City Administrator Workman ascertained for Councilmember Green that the proposal is the first step for upgrading, and that staff will provide a timeline for completion. , A motion was made by Dettloff, second Green to approve the project plans and specifications and authorize the Director of Public Works to request bids for the City Hall Tenant Improvement Project, CC-1 184, The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (City Council) Continued to February 4, 2002 to Consider Approval of Introduction of Ordinance No. 3535 — Amends Municipal Code Pertaining to Refuse (640.10) Senior Department Analyst Joan Flynn presented the PowerPoint slide report that had been announced earlier by the City Clerk as a Late Communication. Councilmember Bauer presented the following suggestions for the proposed Municipal Code amendment pertaining to refuse: 1 . Re -visitation of the appropriate section of the ordinance relative to a provision to accommodate situations wherein there is physically no room to store trash bins in the alley. Councilmember Bauer inquired if tickets will be written due to the geometry of the building with regards to the alley. 2. Recommendation of a statement to be placed on dumpste rs, which warns of the illegal placement of trash by other than the property owner. 3. Regard for senior exemptions. Councilmember Bauer stated that he did not note that a program that addresses this issue is in place. Councilmember Bauer stated the belief that the proposed ordinance be postponed due to the foregoing concerns. Councilmember Boardman inquired as to the accuracy of the testing of the 'one-half per cubic yard" measurement pertaining to the refuse standards, alluding to the comments made by the speaker during the Public Comments portion of the meeting. (17) January 22, 2002 - Council/Agency Minutes - Page 17 Public Works Director Beardsley responded, reporting that he had made a personal calculation based on Rainbow Disposal's 32-gallon containers. Discussion ensued relative to scavenging, during which time relevant sections 6f the Municipal Code were cited. Mayor Cook stated that the definition of garbage is non -inclusive and does not address the category of political signs. Public Works Director Beadsley provided a definition of rubbish, with regards to the prohibitions to the dumping and retrieval of refuse. A motion was made by Bauer, second Dettloff to continue to February 4, 2002 consideration of the introduction of Ordinance No. 3535 — "An Ordinance of the City of Huntington Beach Amending Chapter 8.20 of the Huntington Beach Municipal Code Pertaining to Refuse. The motion carried by the following roll call vote: AYES. Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (City Council) Continued from January 7,2002 — Motion Failed to Approve Introduction of Ordinance No. 3534 Adding Chapter 5.71 to the Municipal Code Relating to the Escort Ordinance (640.10) After the City Clerk read by title, a motion was made by Dettloff, second Green to approve introduction of Ordinance No. 3534 — 'An Ordinance of the City of Huntington Beach Adding Chapter 5.71 to the Huntington Beach Municipal Code Pertaining to Escort Services." City Attorney Gail Hutton announced that the motion to introduce the ordinance failed by the following roll Gail vote: AYES: Green, Dettloff, Bauer NOES: Cook, Boardman ABSENT: Houchen Adjournment — City Council/Redevelopment Agency Mayor Cook adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 9:25 p.m. to Monday, January 28, 2002, at 2:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: 4fto,� a4e441 tL City Clerk -Clerk City Clerk and ex-officio Cler)rof the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor -Chairman