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HomeMy WebLinkAbout1993-04-05MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Chamber Huntington Beach, California Monday, April 5, 1993 Mayor Pro Tem Moulton -Patterson called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CAIL PRESENT: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig ABSENT: Winchell STUDY SESSIO RD Deborah Cope, President of the 1993 Fourth of July Parade, Country Fair and Festival, reported on plans and fundraising efforts for the upcoming Fourth of July celebration including a new merchandising program for the three day event with the Parade, Fireworks, and Country Fair. The Executive Bbard has requested that the city provide television production and programming as well as police and public works personnel at no charge as a contribution to the Fourth of July celebration. Ms. Cope stated that the expense of the parade is offset by increased sales tax to the city. She spoke regarding the purchase of production and air time for live television coverage. The City Administrator addressed Council and reported on his communication dated March 31, 1993. Considerable discussion was held between the Council and Mrs. Cope. Councilmember Sullivan requested clarification regarding the fireworks event. A representative from Channel 13 addressed Council and reported on the proposal for television/syndication and guarantee by the various TV stations. In response to Councilmember Bauer he stated that promoting Huntington Beach business would be part of it. (City Council) DISCUSSION HELD RE: PUBLIC HEARING - SIX (6) MONTH REVIEW AND APPEAL OF PLANNING COMMISSION'S REVOCATION OF CONDITIONAL USE PERMIT NO. 91-30 -_CONDIIIQNAL EXCEPTIQN (VARIANCE) NO. 91-44 - ADAMS AVE - (REVOKE DANCING AND LIVE-_ ENTERTAINMENT PERMIT) - SAKURA RESTAURANT (420.40) Discussion was held regarding notification of violations and revocation hearing regarding the conditional use permit which allows dancing and live entertainment. (Cityn it . PUBLIC-REVISIONST THE CITY'S ODNPREHENSIVE FEE SCHEDULE - M I - HAZARDOUS MATERIALS REVIEW AND INSPECTION PROGRAM - FEE_REWTION - RESOLUTION NO. 6478 (340.20) Discussion was held between Council and the Fire Chief clarifing the tables included in the Request for Council Action. Page 2 - Council/Agency Minutes - 4/5/93 (Cityit DISCIJSSION HE E: AGREEMENT N F GOTHARD LANDFILL SITE & MUSHROOM FARM SITE - ROADWAY CONSTRUCTIQN COMPANY.INC (600.10) Discussion was held regarding the Grading Plans and Construction Contract for grading of the Gothard Landfill and Mushroom Farm Site. The City Administrator requested that the item be removed from the agenda for further staff review. t-City Council)DAGREEMENT - SWTHERN CALIFORNIA EDISON COMPANY„- UNDERGROUND CABLE TO SERVE STREET LIGHTS - FLORIDA/UTICA NEIGHBORHOOD (600.10) Discussion was held between Councilmember Leipzig and staff regarding the installation of,underground cable to serve new street lights in the Florida -Utica Neighborhood Enhancement area. (City Counci})DISCUSSION WAS HELD RE: BUDGET REVISION -_TELEVISION COVERAGE OF THE 1993 FOURTH OF JULY PARADE (960.30) Discussion was held between the Deborah Cope, President of the 1993 Fourth of July Parade, and Council regarding increase in the Fourth of July Parade budget for the purchase of production and air time for live television coverage for the 1993 parade. (Redevelopment Agency) DISCUSSION WAS HELD RE: GEO REMEDIATION CONTRACTS FOR SITE ASSESSMENT AT THIRD BLOCK WEST AND 504 ANDS 6 PACIFIC COAST HIGHWAY - MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) The City Attorney distributed an interdepartmental communication regarding the liability for the cleanup of the contaminated property at 301 - 303 Main Street stating that a technical evaluation of the various properties would need to be done in order to determine the source of the contamination before responsibility and liability can be pursued through legal action. CLOSED SESSION The Mayor Pro Tem tailed a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation - Walter v. City of Huntington Beach - Orange County Superior Court Case No. 68-63-42. (120.80) The Mayor Pro Tem called a Closed Session of the City Council 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 Bailey, Hashin v. the City of Huntington Beach - Orange County Superior Court Case No. 65-16-92. (120.80) 0 f., Page 3 - Council/Agency Minutes - 4/5/93 RECESS - RECONVENE The Mayor Pro Tem called a recess of Council at 6:20 p.m. The meeting was reconvened at 5:55 p.m. ADJOURNMENT - COUNCIL/REDEVELOPMENL AGENCY Mayor Pro Tem Moulton -Patterson adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Friday, April 5. 1993, at 7 P.M. at the Council Chamber, Civic Center, Huntington Beach, California. Ot- ATTEST¢ City Clerk/Clerk L Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor Pro Tem/Chairman Pro Tem 73 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, April 5, 1993 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Pro Tempore Moulton -Patterson called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. ROLL CALL PRESENT: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig ABSENT: Winchell FLAG ERE Y AND -INVOCATION The Flag Ceremony was led by St. Bonaventure Saints -Girl's "A" Basketball Team 1992-93, Coach Greg Dies, Assistant Coach, Ian MacKinnon. The invocation was given by Sister Sheila Donegan, Principal, St. Bonaventure School, Huntington Beach. PRESENTATION - DATI - CALIFORNIA PARKS & RECREATION SERVICES AGING ACTION SMLARSHIP The Mayor Pro Tempore presented to Laura Brown, former intern at the Senior Outreach Center, a plaque commending her for having earned a scholarship from the California Parks & Recreation Services Aging Section. PRE A I - TI -GIRL'S "A" BASKETBALL TEAM 1 92- - PAROCHIAL ATHLETIC LEAGUE The Mayor Pro Tempore and Councilmember Sullivan presented commendations to the St. Bonaventure Saints - Girl's "A" Basketball Team 1992-93 recognizing their 27-0 record this season in the Diocese of Orange - Parochial Athletic League. Coach: Greg Dies Assistant Coach: Ian MacKinnon Players: Eighth graders: Laura Fulton, Leslie Fulton, Alyssa Murray, Kim Buccola, Kelly Knutson, Kendra Meano, Brenna Heid, Jessie Brady, Karen Vigen, and Seventh graders: Karyn Rice, Angie Berardini, Maureen Thompson, Carissa Terry, Teresa Norris, and Audrey Geraci (not present). PR LAMATI H OF APRIL EARTHQUAKE PREPAREDNES5 MOTH The Mayor Pro Tempore presented a Proclamation to Fire Chief Mike Dolder proclaiming the Month of April as "Earthquake Preparedness Month." 74 Page 2 - Council/Agency Minutes - 4/5/93 CITIZEN EMERGENCY RESPONSE TEM (CERTJ Fire Chief Dolder gave a report regarding the Citizen Emergency Response Team (CERT) a Neighborhood Disaster Preparedness Group. PUBLIC COMMENTS Scott Runge spoke regarding the fact that the county will be the reviewing agency for the Bolsa Chica. He spoke in opposition to the planned development of the Bolsa Chica Wetlands. He spoke in favor of working with the Board of Supervisors to keep the Bolsa Chica open space. Juana Mueller spoke in favor of preserving the Bolsa Chica open space as a National Wildlife Refuge. Eileen Murphy spoke in favor of raising funds for the acquisition of the Bolsa Chica for preservation. Richard Bothwell, a resident of Harbor Keys on Evening Hill Road, spoke regarding the problem with parking of motor homes on the street in residential areas. He stated that it creates a traffic hazard with the motor homes blocking the visibility in a neighborhood where children play could be hurt. He requested that Council enact an ordinance and distributed copies of a proposed ordinance and photographs. In response to Council concerns, the City Attorney stated that a staff member would review the ordinance presented by Mr. Bothwell from the City of La Palma and return to Council. Dominick Toming spoke in favor of an ordinance restricting the parking of motor homes in residential areas. He also spoke in favor of the city maintaining control of the Bolsa Chica area. Paul Hora4n spoke in favor of preservation of the Bolsa Chica Wetlands in order to save not pave. John Jankowski spoke in favor of rent stabilization for mobile home parks. He questioned what constituted a fair profit for the park owner. He stated that his space rent had increased 100% over a seven-year period and the owner of the park was charging rent at ten times his cost to lease the land. He distributed a letter to Council and read parts of a letter sent to the "Mobilehome News". The City Administrator stated that staff was compiling a report on mobile home park rental prices for the last five years. Sandra Cole, resident Huntington By the Sea Mobile Home Park and member of Huntington Beach Mobile Home Owners Association, spoke in favor of rent stabilization for mobile home parks. Jack Bowland, President of Home Council, spoke in favor of the city patronizing banks that will give loans in blighted areas. He also spoke in favor of eliminating the public deficit and implementation of the fee increases outlined in the MSI study. He spoke regarding Home Council's expectations of the city's Finance Board and distributed material to the 75 Council. rj 1 Page 3 - Council/Agency Minutes - 4/5/93 Nancy Donaven spoke in opposition to the proposed development of the Bolsa Chica wetlands. She stated she believed the coalition agreement had been negated and hoped Council also agreed that it had. Robert Cooley, retired officer of the Elks Lodge in Huntington Beach, spoke in opposition to the proposed ordinance regarding Bingo Games stating that the state law allows the organization to retain $1,000 or 107E of the gross receipts for overhead and expenses prior to payment of prizes and the Huntington Beach ordinance allows the organization to retain $500 or 10% of the gross receipts for overhead and expenses prior to payment of prizes. He stated that the city ordinance requirements should be the same as the state. Tom Duchene, representing the Community Forum Huntington Beach, spoke regarding their recent Town Hall meeting regarding graffiti. He stated that changes should be made to the sea wall graffiti art program as he feels that program has contributed to the increase of graffiti in the city. He stated that a fee should be charged for the permits and applied to cover the costs of enforcement of the graffiti ordinance in the city and the hours should be restricted. Jonathan Woolf -Willis spoke in opposition to the Koll Company action to takl the Bolsa Chica issue to the County removing jurisdiction from the city. He stated that the project would impact city schools, streets, police and water e.c. and that the City Council should do what they can to protect the city's interests. Taylor Shaw-Oass, downtown resident, spoke in opposition to the sea wall graffiti art program as it is currently being operated. She stated that the program needs more controls in place and she favors the use of a canvass as opposed to the sea wall. She stated that the program should be self -funded and in a guarded area. Jan Shomaker spoke regarding the Community Forum Huntington Beach meeting and the sea wall graffiti art program. She stated that the artists she had spoken with are offended that their art is getting tagged. She stated that parental involvement is part of the solution to remove graffiti and tagging from our city and that the program should be self supporting and better monitored. Vida Martin spoke in support of ending racism and recapturing the hope and dreams with which she grew up. TEMPORARY BEACH CURFEW- _10 P.M. The City Administrator reported that a temporary beach curfew of 10 p.m. had been instituted by the Community Services Director. The Community Services Commission will be reviewing the curfew and a code amendment would need to be adopted in order to make the curfew permanent. CITY ADMINISTRATOR REPORTED RE: CITY CRIME The City Administrator spoke regarding the recent newspaper report of an increase in crime in the city. He quoted statistics of indexed crimes per 100,000 population, stated that crime is going down and that the city is one of the safest cities over 100,000 population in the United States. Page 4 - Council/Agency Minutes - 4/5/93 REPORT RE: AfTI-GRAFFITI COMMITTEE The City Administrator reported that the Anti -Graffiti Committee is working on a program to deal with graffiti in the city and would be bringing that to the City Council for review. In response to Councilmember Bauer`s question, Ron Hagan, Community Services Director, stated that the graffiti report would be ready by late April or early May. (CityHEARING - CONTINUED TO 4/1 / 3 - RECONSIDERATION OF RESOLUTION NO,641.3 - (TO ESTABLISH A FEE SCHEDULE TO ADMINISTER THE MITIGATION T REPORTING PROGRAM) (340.20) The Mayor Pro Tempore announced that this was the day and hour set for a public hearing continued open from March 15, 1993 to consider the following: APPLICATION NUMBER: Reconsideration of Resolution No. 6413 APPLICANT: City of Huntington Beach LOCATION: City-wide ZONE: City-wide RE F T: Reconsideration of the City Fee Schedule for the Mitigation Monitoring and Reporting Program which ensures implementation of required mitigation measures included in mitigated negative declarations and environmental impact reports. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15321, Class 21(a)(2) of the California Environmental Quality Act. COASTAL STATUS: Not applicable (unless in coastal zone) The City Administrator requested that this item be continued to April 19, 1993. A motion was made by Moulton -Patterson, seconded by Silva, to continue the public hearing pertaining to the administration and fee schedule for the Mitigation Monitoring and Reporting Program to April 19, 1993. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig NOES: None ABSENT: Winchell 77 Page 5 - Council/Agency Minutes - 4/5/93 (Cityn it CLOSED EUBLIC HEARING - QNTINUEDT 4/1 / - SIX 5 TH REVIEW AND APPEAL OF PLANNING „QMISSION_' S R_BLQ_CAjIQ;N .QF QjP NO. 91-30 - CE (VARIANCE) NO. 91-44 - ADAMS ,AVE_- (REVOKE QANCING .AND LIME ENTERTAINMENT PERMIT) - SAKURA RESTAURANT (420.40) The Mayor Pro Tempore announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Conditional Use Permit No. 91-30 Conditional Exception (Variance) No. 91-44 APPELLANT/APPLICANT: Gang Xu LOCATION: 8052 Adams Avenue NE: Seabridge Specific Plan REQUEST: Appeal of the Planning Commission's revocation of the dancing and live entertainment permit for Sakura Japanese Restaurant. This request also includes a six (6) month review as requested by City Council on October 5, 1992. ENVIRONMENTAL T T : Categorically exempt pursuant to Section 15301, Class i of the California Environmental Quality Act. COASTAL STATUS: Not applicable (unless in coastal zone) Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. No communications or written protests were received on the matter. Howard Zelefsky, Planning Director. reported on the status of the revocation process. He stated that in July, 1992, the Planning Commission revoke the Conditional Use Permit due to two violations of the Conditions of Approval which are (1) there was no parking lot security guard on duty during all dancing events to monitor parking, trash and noise and (2) the hours of operation for dancing exceeded the allowed times of Sunday through Thursday 9:00 p.m. to 12:00 a.m. and Friday through Saturday 9:00 p.m. to 1:30 a.m. In October, 1992, the City Council voted to suspend the revocation for six months in order for staff to monitor compliance with the conditions. In March, 1993, representatives from the Code Enforcement Division investigated the site and reported that there was no security guard on duty and that the hours of operation were exceeded on more than one occasion. Mr. Zelefsky stated that a Final Notice of Violation was issued today and it does not appear that the applicant will comply with the conditions. He also stated that he believes the applicant is contemplating or in the process of selling the business. Discussion was held by Council regarding the violations and the applicant's failure to comply. The City Clerk questioned if Findings of Fact for Revocation had been presented. 78 Page 6 - Council/Agency Minutes - 4/5/93 Mr. Zelefsky stated that the Planning Commission had extensive Findings of Fact for Revocation but a copy of the findings was not included in the Council material for this meeting but that he could have the findings available for the next Council meeting. The Mayor Pro Tempore declared the public hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor Pro Tempore. A motion was made by Bauer, seconded by Leipzig, to revoke Conditional Use Permit No. 91-30 and Conditional Exception No. 91-44 as soon as possible and to continue the appeal to April 19, 1993 for receipt of proposed Findings of Fact for Revocation by the following roll call vote: AXES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig NOES: None ASSENT: lei nchel l (City (', mil) OPENED PUBLIC HEARING - CONTINUED TO MAY 3. 1993 - REVISIONS TO THE CITY'S COINPREHENSIVE FEE SCHEDULE - (MSI) - HAZARDOUS MATERIALS REVIEW AND INSPECTIQNPROGRAM -_RESOLIlTIQN N0. 647.8 (340.20) The Mayor Pro Tempore announced that this was the day and hour set for a public hearing for the purpose of considering revisions to the Fire Department Hazardous Materials Review and Inspection Program contained within the city's Comprehensive Fee Schedule. The City Clerk presented Resolution No. 6478 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE'." Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communication or written protests were received on the matter. The City Administrator requested that the public hearing be continued to May 4, 1993 so that the Ftre Department could amend language contained in the resolution and charts in the staff report. The Mayor Pro Tempore declared the public hearing open. A motion was made by Leipzig, seconded by Sullivan, to continue the public hearing pertaining to revisions to the city's comprehensive fee schedule relating to the Hazardous Materials Review and Inspection Program to May 3, 1993. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan; Leipzig NOES: None ABSENT: Winchell, Silva (out of room) 79 Page 7 - Council/Agency Minutes - 4/5/93 CONSENT CALENDAR - (ITEMS REMOVED) The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Bauer) Emergency Purchase of Body Armor Vests for the Fire Department, Television Coverage of the 1993 Fourth of July Parade, and Audit Contract with KPMG Peat Marwick; (Leipzig) Grading of Gothard Landfill Site and Mushroom Farm Site. ONSET CALENDAR - (ITEMS APPROVED) On motion by Leipzig, seconded by Sullivan, Council approved the following items, as recommended, by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Sullivan, Leipzig NOES: None ABSENT: Winchell, Silva (out of room) (City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted the minutes of the Council/Agency adjourned regular and regular meetings of March 1, 1993, March 15, 1993 and adjourned regular meetings of February 1, 1993, February 5, 1993, February 16, 1993 and March 22, 1993 as written and on file in the Office of the City Clerk. (City Council)_ AGREE CABLE TO SERVE $TREE (600.10) - Approved of Huntington Beach underground cable to Enhancement area for contingency. and authorized execution of the agreement between the City and Southern California Edison for the installation of serve new street lights in the Florida -Utica Neighborhood an amount not to exceed $73,700 including a ten percent (City Council) INSTALLATION OF WWV TIME SOURCE RECEIVERS (TRAFFIC SIGNAL SYNCHRONIZATION METHOD) AT FOURTEEN LOCATIONS WITHIN THE CITY - PLANS & SPECIFICATIONS - CALL FOR BIDS - APPROVED (600.55) - Approved plans and specifications for the installation of WWV time source receivers and antennas at the following locations: Golden West Street at Palm Avenue, Yorktown Avenue, Clay Avenue, Garfield Avenue, Ellis Avenue, Talbert Avenue, and Slater Avenue; Mggnolia Street at Banning Avenue, Hamilton Avenue, Atlanta Avenue, Indianapolis Avenue, Yorktown Avenue, Garfield Avenue and Bolsa Chica Road at Bolsa Street; authorized the Director of Public Works to solicit bids and approved sample contract subject to award of contract to Council approved lowest responsible bidder (OCTA Funding - $585,000). (To allow easy and convenient synchronization of the GMA - 6 Project Traffic Signalization in Huntington Beach.) (City Council) ANNUAL APPLICATION FUR SB-821 (GAS TAX) FUNDS FOR FY 1993-94 - RESOLUTION NO. 6477 - ADOPTED (340.80) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN." Approximately $52,000 - (Projects planned include improving various street corners, providing concrete sidewalks, handicap access ramps, constructing/repairing bike trails.) so Page 8 - Council/Agency Minutes - 4/5/93 (City Council) APPROPRIATION OF FUNDS TO ADD NAMES TO PIER DONOR WALL - AP D (240.30) - Approved appropriation and authorized the expenditure of $6,705 for the placement of 748 new names on the Pier Donor Wall. These individuals have donated an additional $133,800 toward the reconstruction of the pier. (City Council) SANWA BANK - BID FOR CITY OF HUNTINGTON BEACH BANKING SERVICES APPR0VApproved Sanwa Bank to continue to provide the city with banking services for the period beginning June 1, 1993 through May 31, 1996 (bid - $4,685.97). (City (council) ORANGE COUNTY AUTO THEFT TASK FORCE - APPROVED (530.10) - Authorized the Police Department to participate in the Orange County Auto Theft Task Force and to increase personnel allocation by one officer to replace the officer assigned to the Task Force. (City Cguncil) AGREEMENT - GRADING OF GOTHARD LANDFILL SITE & MUSHROOM FARM SIDE - ROADWAY CONSTRUCTION COMPANY INC. - CONTINUED FROM MARCH 15, 1993 - APP V D (600.10) The City Clerk presented a communication from the Public Works Director transmitting a proposed agreement for the grading of Gothard Landfill Site and Mushroom Farm Site between the city of Huntington Beach and Roadway Construction Company, Incorporated. The Public Works Director reported that the city would be importing over 400 thousand cubic yards of soil from the Santa Ana River Project to the Gothard Landfill Site and the Mushroom Farm Site. This imported soil will provide proper drainage that was mandated by the California Regional Water Quality Control Board and would save the city money. The project would create a large volume of truck traffic in the area of these sites for the next four months. The City Engineer gave a report on the purpose of importing soil. He stated that the city has been in non-compliance with.the California Regional Water Quality Control Board for two years and a fine of $1,000 per day could be instituted if the city did not take steps to comply. The Negative Declaration for the project is in the thirty day response period and would be certified prior to initiation of the project. Councilmember Leipzig directed staff to amend the agreement with the contractor to include monitoring of toxicity level, particle size or permeability and control over determination of placement of certain fill material. A motion was made by Leipzig, seconded by Sullivan, to approve Grading Plans, approve and authorize execution of Construction Contract between the city of Huntington Beach and Roadway Construction Company, Incorporated, as amended to include monitoring of toxicity level, particle size or permeability and control over determination of placement of certain fill material for the grading of the Gothard Landfill and Mushroom Farm Site at no cost to the city. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig 1 NOES: None ABSENT: Winchell, Robitaille (out of room) Page 9 - Council/Agency Minutes - 4/5/93 Re-cgmmpndation to Form a Public Works Commission -_Review Major Public Works Projects Councilmember Leipzig recommended the formation of a Public Works Commission for public review of major public works projects that involve earth moving, grading and stockpiling. The City Administrator stated the topic would be agendized for the next Study Session. (City Council)M)THORIZATION/APPROPRIATION F R EMERGENCY MRCHASE QF BODY ARMOR VESTS FOR FIRE DEPARTMENT - APPROVED (320.45) The City Clerk presented a communication from the Fire Chief regarding the need for authorization and appropriation of funding for emergency purchase of body armor vests for the Fire Department. The Fire Chief reported that under the Statewide Master Mutual Aid Agreement the city is responsible in Civil Defense Emergencies to report availability of resources and respond when requested to other parts of the state. A motion was made by Bauer, seconded by Silva, to authorize appropriation of $30,000 for the emergency purchase of seventy-three (73) body armor vests for the Fire Department by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig NOES: None ABSENT: Winchell iCi_ty Council) BUDGET REVISION TELEVISION,COVERAGE OF THE 1993 FOURTH OF ULY PARADE - APPROVED (960.30) The City Clerk presented a communication from the Community Services Director regarding the need for a budget revision to fund television coverage of the 1993 Fourth of July Parade. Deborah Cope, President of the 1993 Fourth of July Executive Committee, reported that the $40,000 being appropriated would be reimbursed to the city through fund raising over a two to three year period. Also, the parade would be broadcast nationwide, and would market the city to prospective businesses and encourage visitors. Following Council discussion, a motion was made by Bauer, seconded by Robitaille, to approve a revision in the Fourth of July Parade budget to Increase Account E-FP-CS-206-3-90-00 by $40,000 from the FY 1992/93 unappropriated fund balance of the General Fund for the purchase of production and air time for live television coverage for the 1993 parade by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig NOES: None ABSENT: Winchell Page 10 - Council/Agency Minutes - 4/5/93 Wty o ncil) AUDIT CONTRACT BETWEEN THE CITY AND KPMG PEAT 14ARWICK APPROVED (600.10) The City Clerk presented a communication from Robert Franz, Deputy City Administrator, regarding the agreement for the annual financial audit. Dan Villella, Finance Director, reported on the agreement for the annual financial audit and evaluation of internal accounting controls. After discussion by Council, a motion was made by Bauer, seconded by Silva, to approve and authorize execution of the agreement between the City of Huntington Beach and KPMG Peat Marwick for Audit Services to conduct the annual audit of the city's financial statements for the year ending June 30, 1993 in the amount of $46,000 by the following roil call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Leipzig NOES: None ABSENT: Winchell, Sullivan (out of room) RECESS VENE The Mayor Pro Tempore called a recess of Council at 9:00 p.m. The meeting was reconvened at 9:15 p.m. (Cityn it FISCAL STRATEGIES- 1 / 4 BUDGET PREPARATION TIN ED TO 4/19/93 (310.10) The City Clerk presented a communication from Robert Franz, Deputy City Administrator, regarding the necessity to develop a contingency plan to absorb potential revenue losses due to anticipated actions of the State of California to take city revenue in 1993/94. The City Administrator reported at length regarding the budget process. Councilmember Sullivan spoke regarding the difference in Plan A and Plan B of the budget. Considerable discussion was held. A motion was made by Bauer, seconded by Leipzig, to continue the item pertaining to the the fiscal strategies for preparation of the budget to April 19, 1993_in order for Councilmembers to meet with the City Administrator regarding their concerns. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig NOES: None ABSENT: Winchell (Cityn it NEW FISCAL POLICY- CAPITAL IMPROVEMENTS - CONTINUED T 4/26/93 (320.10) The City Clerk presented a communication from Robert Franz, Deputy City Administrator, regarding the need for independent financial review of major new capital improvement projects prior to approval of such projects. Page 11 - Council/Agency Minutes - 4/5/93 The City Administrator reported that the Citizen's Budget Task Force proposed the idea of an independent financial review of major new capital improvement projects and Council directed that this be included in the fiscal policies. Council directed the City Administrator to prepare a report for the April 26, 1993 meeting with a definition of what a major project is and a list of the proposed projects and the estimated cost of each. A motion was made by Silva, seconded by Sullivan, to continue the fiscal policy for capital improvements to April 26, 1993. The motion carried by the following vote: AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig NOES: None ABSENT: Winchell (Redevelopment Agency) REMEDIATION CONTRACTSFOR SITE ASSESSMENT Al THIRD BL= NEST AND 504 AND 506 PACIfIC_CDAST HIGHNAY_- MAIN -PIER REDEVELOPMENT PROJECT AREA - APPROVED (600.30)- - The City Clerk presented a communication from the Economic Development Director regarding two agreements for the services of a hazardous materials consultant in conjunction with the Agency approved project Third Block West and the pending Agency acquisition of 504 and 506 Pacific Coast Highway. Barbara Kaiser, Economic Development Director, reported that the analysis is necessary to determine the extent of soil and water table contamination as petroleum tanks were found buried in the area. Discussion was held by Council and staff regarding developer responsibility for a portion of the costs. The City Attorney distributed a communication to Council regarding the clean up liability. She stated that ownership of the property has been established. An assessment of the damage is necessary prior to initiation of a lawsuit for the remediation costs. A motion was made by Robitaille, seconded by Moulton -Patterson to: 1. Approve and authorize execution of the agreement between the Redevelopment Agency of the City of Huntington Beach and GeoRemediation, Incorporated, to Perform Subsurface Investigation and Remediation of Contamination at a site on Main Street and Olive Avenue (in the public right of way and on privately owned land within the Third Block West project site) in an amount not to exceed $39,150 plus expenses as reflected in Exhibit A to the RCA dated April 5, 1993, and 2. Approve and authorize execution of the agreement between the Redevelopment Agency of the City of Huntington Beach and GeoRemediation, Incorporated, to perform Subsurface Investigation and Remediation of Contamination at 504 and 506 Pacific Coast Highway. Wimpi's site to be incorporated in Main -Pier Phase II in an amount not to exceed $2,000 plus expenses as set forth in Exhibit A to the RCA dated April 5, 1993. Page 12 - Council/Agency Minutes - 4/5/93 The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig NOES: None ABSENT: Winchell (City Council) ORDINANCE NO 3185 - INTRODUCTION APPROVED_ PIER REGULATIONS (640.10) The City Clerk presented a communication from the City Attorney containing a revised Ordinance No. 3185 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTERS 10.84 AND 13.12 PERTAINING TO PIER REGULATIONS." A motion was made by Silva, seconded by Leipzig, to approve introduction of Ordinance No. 3185, after reading by title. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig NOES: gone ABSENT: Winchell (City Council) ORDINANCE NO. 3190 - INTRODUCTION APPROVED - BINGO GAMES (640.10) The City Clerk presented Ordinance No. 3190 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 5.64.110(b) PERTAINING TO PROCEEDS OF BINGO GAMES." A motion was made by Silva, seconded by Moulton -Patterson, to approve introduction of Ordinance,No. 3190, after reading by title. The motion carried by the following roll call vote: AYES: Robitaille, Bauer, Moulton -Patterson, Silva, Sullivan, Leipzig NOES: None ABSENT: Winchell �.���1 : ► f ' it ► � ... � 1 1 1 ' 1 1 Councilmember Earle Robitaille appointed Jan Shomaker to serve as his representative on the Finance Board. FINANCE BOARD APPOINTMENT APPROVED - CHUCK BOHLE (110.20) Councilmember Ralph Bauer appointed Chuck Bohle to serve as his representative on the Finance Board. TRANSPORTATION PLANNING - REWEST FOR JOINT STUDY SESSION (940.50) 8 Councilmember Bauer spoke regarding a March 16, 1993 memo from the Huntington Beach Environmental Board requesting a Joint Study Session with the Transportation Commission regarding development of a plan to integrate into the transportation program in Orange County. Page 13 - Council/Agency Minutes - 4/5/93 CONTINUATION OF THE GENERAL PLAN ADVISORY_C MMITTEE (440.90) Councilmember Bauer spoke regarding the details, scheduling, funding and completion of the General Plan Amendment. DISCIUSSION ON THE BOLSA CHICA (440.60) Councilmember Bauer spoke regarding the effect of the review process for the development of the Bolsa Chica area being moved by the Koll Company from the city to the county, review city's participation in the Bolsa Chica Coalition, financial status of Bolsa Chica Company, possible poll of citizens regarding the Bolsa Chica and proposed application for designation of the area as a Federal Wildlife Preserve which could provide funds for land purchase and operating expenses. A motion was made by Leipzig, seconded by Sullivan, to write a letter of appeal to Supervisor Harriett Weider and the other members of the Board of Supervisors requesting they not revoke the Memorandum of Understanding of the Bolsa Chica Coalition and to request Supervisor Weider to guarantee the city and citizens that she would not vote for any project that would not be approved by the people and the City of Huntington Beach, also a letter to the Koll Company requesting they withdrawn their request to the County and provide the city with a detailed rationalization for the action taken, and appeal to the California Environmental Quality Act (CEQA) and National Environmental Protection Agency (NEPA) for the city to continue as lead agency on this project by the following roll call vote: AYES: Bauer, Moulton -Patterson, Sullivan, Leipzig NOES: Robitaille, Silva ABSENT: Winchell Mayor Pro Tempore Moulton -Patterson requested that the formation of a Bolsa Chica Committee be agendized for April 19, 1993 with appointments to be made at that meeting. The committee would be the city's representative during the planning and entitlement process and be responsible for meeting with Federal, State, County representatives as well as landowners and public interest groups. FINANCE BOARD APPOINTMENT APPROVED ROBERT DETTLOFF (110.20) Mayor Pro Tempore Moulton -Patterson appointed Robert Dettloff to serve as her representative on the Finance Board. FINANCE M&RD APPOINTMENT APPROVED - "N FISHER (110.20) Councilmember Silva, on behalf of Mayor Winchell, appointed Robert Dettloff to serve as her representative on the Finance Board. FINANCE WARD APPOINTMENT APPROVED - DIRK VOSS (110.20) Councilmember Jim Silva appointed Dirk Voss to serve as his representative on the Finance Board. �i Page 14 - Council/Agency Minutes - 4/5/93 TRANSPORTATION PLANNING - TRAFFIC LIGHT SYNCHRONIZATION Councilmember Silva spoke in favor of synchronization of traffic signals relating to item E-6 approved earlier. Lou Sandoval, Public Works Director, reported on the Traffic Signal Master Plan. PROBLEM KITH HANDBILL DISTRIBUTION - STAFF TO REVIEW Councilmember Silva questioned the status of enforcement of the handbill ordinance. Ray Silver, Assistant City Administrator, responded to the question and stated that he would review the status and penalties involved. STATUS REPORT ON CASCAUE LANE - PUBLIC HEARIN TO -BE RESCHEDULE The City Administrator stated that due to an error in the public hearing notice the hearing was rescheduled to the April 19, 1993 meeting. FINANCE %ARD APPOINTMENT APPRQYED - CHUCK SCHEID (110.20) Councilmember Dave Sullivan appointed Chuck Scheid to serve as his representative on the Finance Board. OUNPLIMENT TO POLICE DEPARTMENT Councilmember Sullivan related an incident he had recently experienced and complimented the Police Department personnel in the way the situation was handled. FINANCE N NT AP - CHARLES FA Z (110.20) Councilmember Victor Leipzig appointed Charles Falzon to serve as his representative on the Finance Board. Councilmember Leipzig spoke in favor of joining the coalition of cities Involved in the off -shore oil drilling issue. COMMENDATION HOUSING REHABILITATION MANAGE Councilmember Leipzig commended Dan Bruening, Housing Rehabilitation Manager, for his work with the property owners in making improvements in the Oakview Redevelopment Project Area. M Page 15 - Council/Agency Minutes - 4/5/93 C"IENDATION- T DIVISION - MEN BUSINESS ASSISTANCE CHECKLIST Councilmember Leipzig commended the employees in the Business Development Division for their work in preparing the New Business Assistance Checklist. RECESS - CLOSED SESSION The Mayor Pro Tempore called a recess of Council to Closed Session at 11:00 P.M. The Mayor Pro Tempore called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation - HBPOA v. Price - United States District Court CV 92-6165 (SHs). (120.80) The Vice Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regarding negotiations with Couitrup Development Corporation concerning the purchase/sale/exchange/lease of the property located between Main Street, Pacific Coast Highway and 5th and Walnut - Main -Pier Phase II. (120.80) The Vice Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regarding negotiations with Orin Berge concerning the purchase/sale/exchange/ lease of the property located at Center Avenue and I--405 Freeway. (120.80) The Mayor Pro Tempore called a Closed Session of the City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding labor relations matters - Meet and Confer - Police/Fire/Marine Safety. (120.80) ADJNMENT - CQUNCIL/REDEVEL(WMENT AGENCY Mayor Pro Tempore Moulton -Patterson Council and the Redevelopment Agency Monday, April 19, 1993 at 5:30 p.m., California. ATTEST: r City Clerk/Clerk adjourned the regular meetings of the City of the City of Huntington Beach to Room B-8, Civic Center, Huntington Beach, Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor Pro Tempore/Vice Chairman