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HomeMy WebLinkAbout1995-05-15MINUTES CITY COUNCIUREDEVELOPMENT AGENCY 5:00 P.M. - Room B-8 6:30 P.M. - Council Chamber Huntington Beach, California Monday, May 15, 1995 An audio tape recording of this meeting is on file in the Office of the City Clerk Mayor Leipzig 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 COUNCILIREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo, Leipzig (5:15 p.m.) ABSENT: None (City Council) STAFF REPORT ON MARINE SAFETY - "MARINE SAFETY_ DIVISION - EXCELLENCE IN LIFESAVING" A motion was made by Harman, seconded by Bauer, that the need to take action regarding Marine Safety arose after the posting of the agenda and to put Marine Safety on the agenda. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig Jim Engle, Deputy Director, Beaches, Recreation, and Development Division, presented a staff report regarding a team building consultant and Management Team to improve communication, more efficient and make better decisions. He stated that the City of Huntington Beach is rated the number one lifesaving organization in the world. Captain Steve Seim invited Council to the Marine Safety Headquarters for a tour of the operation any day they want. He reported during a slide presentation entitled Marine Safety Division - Excellence in Lifesaving regarding Marine Safety personnel, jobs, goals and objectives. He stated that the Marine Safety Division had received many awards for lifesaving. Request For List Of Awards And Marine Safety - Councilmember Garofalo Councilmember Garofalo requested a list of all the awards that Marine Safety has received Mool Page 2 - Council/Agency Minutes - 05/15195 Lieutenant Steve Davidson spoke regarding staffing levels during the summer and winter, rescue statistics, and service level reductions. Lieutenant Mike Beuerlein spoke regarding the creation of the Policies and Procedures Manual. Lieutenant Greg Crow spoke regarding training of lifeguards, emergency communication signals used at the beach by the lifeguard personnel and the different types of rescues. The City Attorney reported that she participated in producing some legislation in conjunction with the City of Newport Beach which provides a certain measure of immunity for the dangerous conditions of public property where it is alleged as such as involving beaches and parks. Discussion was held by Council and staff regarding conferences and budget cuts. RECESS The Mayor called a recess of the City Council and Redevelopment Agency. CLOSED SESSION The Mayor called a recess of the City Council and Redevelopment Agency for the purpose of considering the following Closed Session items: A communication was received and distributed to Council from the City Attorney dated May 15, 1995 regarding Public Statement for the Closed Session relative to a purported grievance of the HBMEA and HBMEO. Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding Labor Relations Matters - Meet and Confer with the following employee organizations: Marine Safety Officers Association (MSOA), Police Officers Association (POA), Police Management Association (PMA), Municipal Employees Association (MEA), Municipal Employees Organization (MEO), Huntington Beach Firemens' Association (HBFA), Surf City Lifeguard Employees Association (SCLEA). (120.80) Closed Session - 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 City of Huntington Beach v. Merrill Lynch, Pierce, Fenner and Smith, Incorporated, et al. United States District Court Case No. Sacv95-189 ihm(eex). (120.80) Closed Session - 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 in regards to Orange County; U.S. Bankruptcy Court Case No. SA 94-22272 JR administratively consolidated with Case No. SA 94-22273 JR. (120.80) 259 Page 3 - Council/Agency Minutes - 05/15/95 Closed Session - City Council pursuant to Government Code Section 54956.9(b)(3)(a) 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. Anthony and Langford Art Center Contract:. (120.80) Closed Session - City Council pursuant to Government Code Section 54955.9)b)(3)(b) to confer with its city attorney regarding pending litigation. Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced. Potential litigation city v. PERS. (120.80) RECONVENE The Mayor reconvened the meetings of the City Council and Redevelopment Agency in the Council Chamber at 6:50 p.m. A videotape recording of this meeting is on file in the Office of the City Clerk CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Mayor. CITY COUNCIL MEETING DEDICATED TO THE MEMORY OF FORMER MAYOR AND COUNCILMEMBER ERNIE GISLER Mayor Leipzig announced the dedication of the City Council meeting to the memory of former Mayor and City Councilmember, Ernie Gisler, who recently passed away. Ernie was one of the earlier Mayors, a long time resident and a farmer when farming was a major activity in the city. The Mayor spoke regarding former Mayor Gisler's great contributions to our city. PRESENTATIONS - COMMENDATIONS - RECOGNITION'S Presentation: To Mayor Victor Leipzig, the City Council and staff members by Jim Davis, Executive Director, Orange County Community Housing Corporation the 1995 AHA - Affordable Housing Award. Page 4 - Council/Agency Minutes - 05/15/95 Presentation: To Jim Davis, 1994 AHA Affordable Housing Plaza Funding Award, for his uncommon generosity and leadership in not only helping in creation of a residence for single parent students, but also for donating $18,000 to the Scholarship Fund which was established to enable self-sufficiency. In honor of this donation, the Scholarship Fund shall now be known as the Davis Scholarship Fund. Presentation: By Mayor Victor Leipzig to Mr. Bob Hallenbeck, Director Health Safety and Environmental Services and Jose Valinsky, Senior Manager for Environmental Service of McDonnell Douglas Aerospace and to Mr. Terry Ashton, General Manager and Karen Anthony, Sales Manager, of the Waterfront Hilton Beach Resort. Winners of the first annual environmental awards program co -sponsored by the City of Huntington Beach Environmental Board and the Chamber of Commerce. Both are being recognized for their efforts in Waste Management. Presentation: To Mayor Leipzig and Bob Goodrich, Chairman of the Huntington Beach Art Center Foundation, the following presentations for the first Annual City Wide Art festival: $5,000 check from GTE Directories presented by Don Jankowiak; $3,600 check from Alliance President Sandra Clouse and Vice President Barbara King. Mike Mudd, announced the upcoming project "Off the Beach Arts Fest' on Main Street to Acacia Street. Presentation: By Mayor Victor Leipzig to Public Works Director Les Jones - a Proclamation proclaiming the week of May 21 through May 27, 1995 as National Public Works Week. There will be an Open House at the City Yard during Public Works Week. Announcement of Circus Varaus Mayor Leipzig introduced the representative for Circus Vargus, Star the Clown. Star the Clown announced that Circus Vargus is back at Huntington Center this year with shows daily from Monday, May 15 through Sunday, May 21, 1995. He stated that Councilmember Dave Garofalo will be the Guest Ringmaster on Wednesday, May 17. Late Communications Announced By City Clerk Pursuant to the Brown Act the City Clerk announced the communications that arrived following the distribution of the Council Agenda: City Clerk's Office - Revised Agenda page No. 11 regarding the Orange County Bankruptcy, Selection by the City of Option A or Option B of Comprehensive Settlement Agreement City Administrator - Communication dated May 15, 1995 entitled Modified Proposal for Fire, Emergency Medical, and Ambulance Services to the City of Westminster City Attorney - Communication dated May 15, 1995 regarding Public Statement for the Closed Session relative to a purported grievance of the HBMEA and HBMEO 261 Page 5 - Council/Agency Minutes - 05/15/95 Public Works Director - Communication dated May 15, 1995 transmitting a Revised License Agreement for Installation of a 36" Waterline Patrick Shea, Law Offices of Pillsbury, Madison and Sutro - Communication dated May 15, 1995 regarding the effect upon pool participants of the county's settlement with Merrill Lynch and Company under the comprehensive settlement agreement regarding the Orange County Investment Pools G. Larry Engle, Law Offices of Brobeck, Phleger and Harrison - Communication dated May 15, 1995 to the Law Offices of Pillsbury, Madison and Sutro, regarding the risk of disadvantageous settlements by Orange County with Merrill Lynch and other potential defendants PUBLIC COMMENTS Mike McMahon, Manager, Karen Klaess, and Robert Dennis, Family Fitness Center representatives, spoke in opposition to Conditional Use Permit No. 94-46 for a billiard parlor in the shopping center located at Warner Avenue and Springdale Street regarding the need for additional security guards, protection for mothers with children who utilize the Family Fitness Center, problems with drug dealers in the area, and advised Council of the major financial investment made by the Family Fitness Center in the facility. He stated concerns regarding security and safety of other tenants and customers in the shopping center. Ron Shenkman, Rainbow Disposal Company representative, spoke in support of the proposed trash scavenging ordinance and stated that the problem has increased dramatically in the last few months. He spoke regarding increased citizen complaints relative to trash scavenging and stated that it is a security issue for residents and an economic issue for the city as Rainbow Disposal recycles all city trash and the sale of recyclable materials helps pay for the trash service. Discussion was held by Council and Mr. Shenkman regarding the Hazardous Waste Disposal site reduction in operating hours, resident recycling fee, cost to city of trash scavenging in loss of revenue, method for reporting trash savaging, and the public safety and health issue. Mr. Shenkman stated that in June it is anticipated that the hours will be reinstated for six days a week from 9 a.m. to 2 p.m. Mr. Shenkman gave telephone numbers to report trash scavenging for the city Code Enforcement staff and Rainbow Disposal. Craig V. Towers stated that he was representing three homeowners associations, Central Park Estates, Heritage and Central Park Nine. He spoke in support of the proposed water rate adjustment that waives the monthly minimum charge on second water meters installed for the purpose of irrigation with subpotable water until subpotable water is available. Cam Melvin spoke in support of the proposed trash scavenging ordinance regarding noise caused in the early morning, nuisance, loss of revenue to city for recyclables, hazard to children whose parents send them into dumpsters to dig through the trash. He spoke in support of stickers on the dumpsters to increase community awareness and enforcing the laws regarding trash scavenging. 262 Page 6 - Council/Agency Minutes - 05/15195 Richard Harlow spoke regarding the proposed request for authorization to spend $50,000 to hire a consultant to assist the city in lobbying the California Coastal Commission to address the city's concerns with regard to the Land Use Plan for the Bolsa Chica. He stated that he thought the city's fiscal issues regarding the proposed development had been resolved. He stated that the Bolsa Chica Council Committee had not addressed the seventeen planning principals for the Bolsa Chica and the most recently adopted City Council plan. He requested that Council not allocate the funds and direct staff and members of the Council Committee to meet with Koll Company representatives to attempt a resolution. Wayne King, Committees of Correspondence representative, spoke in opposition to Measure R - a proposed half cent sales tax on the forthcoming special election ballot and stated that the county has many other options such as Plan B, sell county -owned buildings, lay off non -essential personnel, reduce salaries, freeze capital spending, and stop paying Board and Commissions stipends. Bill Mello, Citizens Bureau of Investigation President and Committees of Correspondence Member, stated that Huntington Beach is not the safest city and read from an article he stated was from the Orange County Register Newspaper dated August 18, 1994 concerning crime statistics in the eight largest cities in Orange County. Jim Bridges, Committees of Correspondence representative, spoke regarding Police Department salaries and presented a slide entitled Current Huntington Beach Police Salaries. Mr. Bridges read dates of newspaper articles regarding police actions. Bob Kakuk, Vietnam Vets Reunited Founder, Vietnam Vets of Orange County Founder, life member of the VFW and Am Vets, stated he had distributed a list of twenty-one names of Huntington Beach armed forces members who died in the Vietnam war. Mr. Kakuk informed Council he had received the list from the State of California. He informed Council that with the twenty-year anniversary of the war last week, he believed it was time to put these names on the memorial wall at City Hall. He requested permission to proceed with a plan to add these twenty- one names to the wall in honor of all the people who fought in wars. Anna Friesen, Allied Arts Board Chairperson, congratulated Council on the opening of the Huntington Beach Art Center and spoke in support of the Center's positive effect on teenagers to engage their minds and creative energy. John Ahart, William West, Scott Holbrook and Andrew Marx spoke in support of the Central Park Disc Golf Course . Comments in opposition to the closure of the course for the purpose of the GTE Equestrian Classic, included damage to the course and equipment, displacement of the disc golfers, and alleged illegal transfer of city land to the Equestrian Center. Mr. Ahart read from letters which he stated the High Fliers Disc Golf Club had received from the Community Services Director. 263 Page 7 - Council/Agency Minutes - 05/15/95 Eric Taylor spoke in opposition to the closure of the Central Park area used by disc golfers. He stated that he believed there was an illegality in the transfer of public property to the Equestrian Center pursuant to the City Charter, Section 512 C. Mr. Taylor spoke in support of the money from the Equestrian Center going back into Central Park, not the Art Center. He spoke in opposition to the city wanting to generate income from park land. He stated that if the Equestrian Event was to be held in Central Park the money should go towards nature center expansion, stocking of the lake with fish, a raise for park rangers and maintenance people, more drinking fountains, better lighting, more flora, trees, installation of a restroom, warning signs (regarding disc golf course), and support of City Disc Golf Championship in its fifteenth year. He spoke in support of the people having a say in park improvements. In response to Councilmember Sullivan's question, the Community Development Director reported regarding the disc golf course. Eileen Murphy spoke in support of the hiring of a consultant to assist in lobbying the Coastal Commission regarding the Land Use Plan for Bolsa Chica regarding the demolition of the bunkers and the lack of an agreement with the city to provide services to the project. George Arnold thanked everyone for cleaning up downtown last Saturday. He stated complaints regarding trash from businesses in the area without sufficient trash cans. Barbara D'Amore, Habitat for Humanity representative, stated that she was on vacation the week of May 1st when the last City Council meeting was held and unable to attend. She thanked the Council for their approval of the Community Development Block Grant and Home Investment Partnership Program. Mark Porter, Huntington Beach Tomorrow President, spoke regarding what he perceived to be the irony of Mr. Popejoy and Mr. Gates coming to the last meeting to request support for Measure R and that the city's requests to the county regarding development of the Bolsa Chica fell on deaf ears. He spoke in support of hiring a consultant to assist in lobbying the Coastal Commission regarding the Bolsa Chica. Kerwin Lima, Kiki's Sushi representative, spoke in opposition to Conditional Use Permit No. 94-46 for a billiard parlor regarding problems with traffic and parking in the Old West Center, towing of cars, loitering in the parking lot, need for an outside security guard, and monitoring of the project if approved. In response to Councilmember Garofalo, Mr. Lima spoke regarding parking in the rear of the building. Pat Davis thanked Council for their support of the Council on Aging Golf Tournament on Friday. She spoke regarding the Annual Duck -a -Thou for the benefit of the Huntington Beach Community Clinic and invited Council to the duck launching at 12:30 p.m. on Saturday. She stated that fliers were distributed to Council. 264 Page 8 - Council/Agency Minutes - 05/15/95 Steve Gullage, Huntington Beach Mobilehome Owners Association representative, stated that he was proud of the city, the City Hall employees, and the City Council for listening to the people and empowering the people through the Mobile Home Review Committee. He requested that the Committee be made a permanent board in the city. Randy Riselin spoke in opposition to the financial management of the city, lawsuit settlements, parking tickets on autos without notice, and the city using weird strategies to make money such as parking meters. (City Council Follow -Up Requested Regardina Disc Golf Course Displacement Issue Mayor Leipzig requested follow-up on the disc golf comments from the Community Services Director and the Council Committee. (City Council Staff Report Requested Regarding Adding Names Of Huntington Beach Armed Forces Members Who Died In Vietnam War To Memorial Mayor Leipzig requested a staff report regarding Mr. Kakuk's, request that the Vietnam War Veterans' names be added to the memorial. Ci Council Report Regarding FBI Investigation Of The Police Department The Mayor requested a report from the City Administrator regarding the FBI Investigation of the Police Department referred to earlier in the meeting by Mr. Bridges. The City Administrator reported regarding the FBI Investigation done approximately a year and a half ago and stated that they found no fault or specific issues that required further action. (CitV Council ORANGE COUNTY BANKRUPTCY - SELECTION BY THE CITY OF OPTION A OR OPTION B OF COMPREHENSIVE SETTLEMENT AGREEMENT - OPTION A APPROVED (310.10) A motion was made by Sullivan, seconded by Garofalo, to move the decision regarding the Orange County Bankruptcy Option A or B forward on the agenda. The motion carried by the following roll call vote. - AYES. Harman, Bauer, Sullivan, Dettloff, Garofalo NOES: Leipzig, Green ABSENT: None The City Clerk announced the following late communications on this subject. These communications had been announced earlier in the meeting, prior to public comments. City Clerk's Office - Revised Agenda page No. 11 regarding the Orange County Bankruptcy, 2.6 Selection by the city of option A or Option B of Comprehensive Settlement Agreement Page 9 - Council/Agency Minutes - 05/15195 Patrick Shea, Law Offices of Pillsbury, Madison and Sutra - Communication dated May 15, 1995 regarding the effect upon pool participants of the county's settlement with Merrill Lynch and Company under the comprehensive settlement agreement regarding the Orange County Investment Pools G. Larry Engle, Law Offices of Brobeck, Phleger and Harrison - Communication dated May 15, 1995 to the Law Offices of Pillsbury, Madison and Sutro, regarding the risk of disadvantageous settlements by Orange County with Merrill Lynch and other potential defendants The City Attorney presented a report regarding the pros and cons of Options A and B and stated at length the reasons for her strong recommendation that the City Council select Option B based on the opportunity to recoup one hundred percent (100%) though litigation. The City Administrator reported regarding the ten million six hundred thousand dollars ($10,600,000) amount remaining to litigate, settlement of claims, legal fees, and the different restructuring for schools. He stated that he recommended a move back to Option A which would be a more secure position. Extensive discussion was held by Council regarding the proposed Measure R sales tax increase, lawsuit against Merrill Lynch, Fenner and Smith, the class action lawsuit, and difficulty in making this decision. A motion was made by Green, seconded by Dettloff, to move from Option B to Option A of the Comprehensive Settlement Agreement of the Orange County Bankruptcy. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Dettloff, Green NOES: Bauer, Sullivan, Garofalo ABSENT: None RECESS - RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY Mayor Leipzig called a recess of the City Council and Redevelopment Agency meeting at 9:50 p.m. The Mayor reconvened the regular meeting of the City Council and Redevelopment Agency at 10:05 p.m. in the Council Chamber. (City Council CLOSED PUBLIC HEARING - DECISION CONTINUED FROM MAY 1 1995 - APPEAL OF PLANNING COMMISSION'S_ CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO. 94-46 - BILLIARD PARLOR - APPEAL FILED BY FAMILY FITNESS CENTERS - SOUTHWEST CORNER WARNER AVENUE AND SPRINGDALE STREET - DENIED APPEAL WITH FINDINGS (420.40) ** See earlier public comments pertaining to this issue. The Mayor announced that this was the day and hour set for a decision on the Public Hearing closed on May 1, 1995 on the following appeal: 266 Page 10 - Council/Agency Minutes - 05/15/95 APPLICATION NO: Conditional Use Permit No. 94-46 APPLICANT: Ty Wai Yep APPELLANT: Robert D. Dennis, Family Fitness Centers REQUEST: To establish a 3,484 square foot billiard parlor within an existing commercial building. LOCATION: 5914 Warner Avenue (south side of Warner and west of Springdale Street.) ENVIRONMENTAL STATUS: Categorically exempt from the provisions of the California Environmental Quality Act. The Community Development Director presented a staff report. She stated that Council had requested the applicant to be present, Mr. Yep was contacted and said he would attend the meeting but does not appear to be present. Discussion was held by Council and staff regarding re -pavement of the rear parking lot, repair of lights in rear parking lot, security guard requirement and code enforcement violations. A motion was made by Harman, seconded by Garofalo, to approve Altemate Action No. 3 to deny Conditional Use Permit No. 94-46 with findings as follows: Findings For Denial - Conditional Use Permit No. 94-46 1. The establishment, maintenance and operation of the proposed 3,484 square foot billiard parlor without the sale of alcoholic beverages within an existing commercial center will be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use of building. The use will not be compatible with other uses in the center and vicinity. The site contains insufficient exterior lighting and creates a safety hazard for patrons and persons working with the existing commercial center. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Green, Garofalo NOES: Bauer, Leipzig, Dettloff ABSENT: None (City Council) PUBLIC HEARING_- TO HEAR OBJECTIONS_ - WEED ABATEMENT - APPROVED - STREET SUPERINTENDENT TO PROCEED WITH ABATEMENT (520.80) The Mayor announced that this was the day and hour set for a public hearing to hear objections and protests to the proposed removal of weeds, rubbish and refuse upon certain streets, sidewalks, parkways and private property in the city. Said hearing held pursuant to Resolution No. 6668 adopted March 6, 1995. The Public Works Director presented a staff report. 267 Page 11 - Council/Agency Minutes - 05/1.5/95 Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Mayor 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. A motion was made by Garofalo, seconded by Harman, to open the public hearing and continue. The City Clerk clarified the recommended action. The motion was withdrawn. A motion was made by Green, seconded by Garofalo, to authorize the Street Superintendent to proceed with the abatement of said nuisance. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) PUBLIC HEARING - MASSAGE ESTABLISHMENT AND MASSAGE TECHNICIAN FEE INCREASE - CONTINUED OPEN TO _JUNE 19, 1995 (340.20) The Mayor announced that this was the day and hour set for the continuance of a Public Hearing from May 1, 1995 to consider revisions to the Massage Establishment and Massage Technician Fee Schedule. The City is proposing a revision as follows: 1. Massage Technician Application (HBMC 5.24.090) $125 2. Massage Technician, Change of Location $ 50 3. Permit for Massage Establishment Operation $500 4. Annual Renew (Technician) $ 75 5. Annual Renewal (Establishment) $250 Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Mayor 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 continued open by the Mayor. A motion was made by Green, seconded by Garofalo, to open the public hearing and continue open to June 19, 1995. The motion carried by unanimous vote. Page 12 - Council/Agency Minutes - 05/15/95 (City Council PUBLIC HEARING - ZONING CODE AMENDMENT NO. 95-3 - INTRODUCTION OF ORDINANCE NO. 3285 - FLOODPLAIN OVERLAY DISTRICT TO CONFORM TO FEDERAL NATIONAL FLOOD INSURANCE PROGRAM REQUIREMENTS (450.20) The Mayor announced that this was the day and hour set for a Public Hearing to consider the following: APPLICATION NUMBER: Zoning Code Amendment No. 95-3 APPLICANT: City of Huntington Beach REQUEST: To amend Chapter 222, i=loodplain Overlay District, to conform to the Federal National Flood Insurance Program requirements LOCATION: Applicable to all properties with a designated FP1, FP2, or FP3 Overlay The City Clerk presented Ordinance No. 3285 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON.BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING CHAPTER 222 THEREOF RELATING TO FLOODPLAIN OVERLAY DISTRICT (CODE AMENDMENT NO. 95-3)." Legal notice as provided to the City Cleric's Office by staff had been published, posted and mailed. The Mayor 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. A motion was made Green, seconded by Dettloff, to approve the Planning Commission and staff recommendation to approve Zoning Code Amendment No. 95-3, amending the floodplain provisions, with findings as outlined in Attachment No. 1 to the RCA dated May 15, 1995 and approve introduction, after reading by title, of Ordinance No. 3285. The motion carried by unanimous vote. CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Sullivan the Lease Agreement with Ocean View School District, Bauer Notice of Completion, Goldenwest Street widening, Walnut Avenue to Yorktown Avenue, Notice of Completion, Heil Avenue traffic signal and storm drain improvement project, proposed traffic signal installation and modification priority list, appointment of Mobile Home Review Committee. 269 Page 13 - Council/Agency Minutes - 05/15/95 CONSENT CALENDAR - ITEM APPROVED .,.On motion by Green, second Sullivan, the following Consent Calendar items were approved as recommended, by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council/Redevelopment Agency) MINUTES - APPROVED AND ADOPTED - Approved and adopted minutes of the Council/Agency regular meetings of March 6, 1995 and March 27, 1995 as written and on file in the Office of the City Clerk. (City Council) RESIGNATION OF LIBRARY BOARD OF TRUSTEES MEMBERS TWO POSITIONS VACANT/TO BE POSTED - APPROVED (110,20) - Directed the City Clerk to post public notice that the terms of Library Board of Trustees members Clare Hanson and Hal MacDonald has expired. Councilmember Bauer stated that he wanted to thank two Library Members Clare Hanson and Hal MacDonald publicly and acknowledge their support to the Library. (City Council CITY GYM AND POOL RENOVATION PHASE ONE - PLANS AND SPECIFICATIONS - CALL FOR BIDS - CC-902 (600.80) - (1) Authorized the Public Works Director to solicit bids for the City Gym and Pool Renovation, Phase One, CC-902, contingent on city staff approval of plans and specifications; and (2) approved the sample construction contract subject to award of the contract to the Council approved lowest responsible bidder. (City Council) NOTICE OF COMPLETION - MODIFICATION OF TRAFFIC SIGNAL - DE LA CRUZ CONSTRUCTION INCORPORATED - MAGNOLIA STREET AND INDIANAPOLIS AVENUE - CC-915 - APPROVED (600.55) - (1) Accepted the improvements of Cash Contract No. 915, modification of a traffic signal at Magnolia Street and Indianapolis Avenue, and authorized the City Clerk to file the Notice of Completion and (2) approved the total project cost of $106, 844. (City Council) NOTICE OF COMPLETION - TRACT NO. 13569 - PACIFIC COAST HOMES - WEST OF LAKE STREET AND SOUTH OF PARK STREET (420.60) - (1) Accepted the improvements constructed and dedicated for public use with Tract No. 13569; and, (2) released "Set Aside Letter" No. 09071-222-01217; the security furnished for Faithful Performance, Labor and Material, and Monuments; and (3) accepted Guarantee and Warranty Bond No. U80 51 20- 1208; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and (4) instructed the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the bank, Bank o America, of this action. 2 Q Page 14 - Council/Agency Minutes - 05/15/95 (City Council) BID_ AWARD - SOUTH BEACH RESTROOM AREA NUMBER ONE - CHAARANI AND ASSOCIATES - CC-908 - PARKING AUTHORITY FUNDS - APPROVED (600.80) - (1) Approved the low bid of $252,000 submitted by Chaarani and Associates for the construction of the South Beach Restroom Number One; and (2) authorized the Public Works Director to expend $279,200 to cover contract costs of $252,000, estimated construction Change Orders of $25,200, and anticipated supplemental expenditures of $2,000; and (3) approved an amendment to the current year budget by appropriating $279,200 into account number E-CX-PC-908-6-31 for the South Beach Restroom Area Number One from the Parking Authority fund. (City Council SUMMARY VACATION - WATERLINE EASEMENT - RESOLUTION NO 6692 - 5382 BOLSA AVENUE - APPROVED (800.50) - Adopted Resolution No. 6692 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A WATER LINE EASEMENT ON THE SOUTH SIDE OF BOLSA AVENUE, WEST OF SPRINGDALE STREET." Requested by AEWILBA Acquisition Company, LLC. City Council) AGREEMENT - EMPLOYMENT SYSTEMS, INCORPORATED - TEMPORARY PERSONNEL FOR BUDGETED INSPECTION MANAGER POSITION - COMMUNITY DEVELOPMENT DEPARTMENT -APPROVED (600.10) -Approved and authorized the Mayor and City Clerk to execute an Agreement to Provide Staffing Services between the city and Employment Systems, Incorporated, in an amount not to exceed $50,000, to lease temporary personnel, Inspection Manager position. (City Council) ADJUST WATER RATES - SUBPOTABLE WATER IRRIGATION - RESOLUTION NO. 6693 - ADOPTED (1000.20) - Adopted Resolution No. 6693 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADJUSTING WATER RATES RELATING TO SECTION 14.12.040 OF THE HUNTINGTON BEACH MUNICIPAL CODE." The resolution waives the monthly minimum charge on second meters installed for the purpose of irrigation with subpotable water until such time as subpotable water is available. (City Council) NOTICE OF COMPLETION - GOLDENWEST STREET WIDENING PHASE III - WALNUT AVENUE TO YORKTOWN AVENUE - EXCEL PAVING COMPANY - CC-911 - APPROVED (600,50) The City Clerk presented a communication from the Public Works Director regarding Phase III, of the Goldenwest Street widening from Walnut Avenue to Yorktown Avenue. Restripina Of Goldenwest Street The Public Works Director stated he would research Councilmember Bauer's question regarding the restriping of Goldenwest Street. 271 Page 15 - Council/Agency Minutes - 05/15/95 A motion was made by Bauer, seconded by Sullivan, to (1) accept the street improvements completed by Excel Paving Company at a final construction cost of $197,001.24; and (2) authorize the City Clerk to file a Notice of Completion and instruct the City Clerk's office to release the ten percent (10%) retention money after the normal thirty-five (35) day retention period, receipt of the Declaration of Satisfaction of Claims, Certificate of Compliance, and the required guarantee bond in the amount of 100% of the final cost, guaranteeing the improvements for a period of one year. The motion carried by unanimous vote. (City Council) NOTICE OF COMPLETION - HEIL AVENUE TRAFFIC SIGNAL AND STORM DRAIN IMPROVEMENT PROJECT - KEN THOMPSON, INCORPORATED - CC-905 - APPROVED (600.55) The City Clerk presented a communication from the Public Works Director regarding the Notice of Completion for the Heil Avenue Traffic Signal and Storm Drain Improvements. In response to Councilmember Bauer's question, the Public Works Director stated that the cross street was Heil Avenue and Newland Street. A motion was made by Bauer, seconded by Sullivan, to (1) accept the improvements of Cash Contract 905, Heil Avenue Traffic Signal and Storm Drain Improvements, and authorize the City Clerk to file the Notice of Completion; and (2) approve the total project cost of $320,443.68. The motion carried by the following roll tali vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) LEASE AGREEMENT - OCEAN VIEW SCHOOL DISTRICT - OAK VIEW LIBRARY BRANCH -APPROVED, (600.10) The City Clerk presented a communication from Library Services Director regarding approval of a lease agreement between the city and Ocean View School District for the Oak View Library Branch. The lease agreement needs to be approved before the Library begins operating the newly completed Oak View Library Branch. Councilmember Sullivan spoke regarding the staffing of the library branch to be provided through grants and volunteers and the Library Director stated this was correct. Councilmember Bauer volunteered his services to the community members who have expressed interest in making planter boxes and that perhaps donations to this project could be obtained. A motion was made by Bauer, seconded by Sullivan, to approve and authorize the Mayor and City Clerk to execute the Lease Agreement between the city and Ocean View School District. The motion carried by unanimous vote. 272 Page 16 - Council/Agency Minutes - 05/15/95 (Oy Council PROPOSED TRAFFIC SIGNAL INSTALLATION/ MODIFICATION PRIORITY LIST - APPROVED - REPORT REQUESTED RE: CRITERIA AND FORMULA (580.10) The City Clerk presented a communication from the Public Works Director regarding the proposed Traffic Signal Installation and Modification Priority List. Councilmember Bauer requested that a study session with the Transportation Commission and City Council be held in the future prior to preparation of the Traffic Signal Installation and Modification Priority List and to study issues such as why signals are not placed at busy intersections just because no accidents have occurred. Discussion was held by Council and staff. The Mayor stated that the Traffic Commission has spent two years on this issue and that there is no easy answer. Councilmember Harman stated that he would like to meet with Councilmember Bauer and staff. He stated that he does see how Slater and Graham should be on the list. Councilmember Sullivan stated that he believed the full Council could benefit from a brief presentation from the Traffic Engineer. Jim Otterson, Traffic Engineer, presented a staff report. He spoke regarding warrants, which take into account school -age pedestrians going through intersections, traffic volume, etc., He stated that there is no state law on priorities. Councilmember Dettloff spoke as Liaison to the Transportation Commission that this commission spends an enormous amount of time on just this issue. Ray Silver, Assistant City Administrator, reported that the public was involved in the priority review process on the Transportation Commission level before the budget was approved. A motion was made by Garofalo, seconded by Leipzig, to approve the Proposed Traffic Signal Installation/Modification Priority List (1) Garfield/Florida, (2) Gothard/Heil (Mod*), (3) Garfield/Delaware, (4) Beach/Taylor, (5) Newland/Adams (Mod*), (6) Goldenwest/Heil (Mod*), (7) Yorktown/Florida, (8) Slater/Graham, (9) Palm/17th, (10) McFadden/Graham *(Modified). With a caveat that the next go -around with signalization installation be made a study session for the next process with the Council and the Transportation Commission. An amendment to the motion was made by Sullivan, accepted by Garofalo and Leipzig, to request a staff report on the criteria and explanation of the formula used to compile the Priority List. The motion carried as amended, by the following roll call vote: AYES: NOES: ABSENT: 273 Sullivan, Leipzig, Dettloff, Green, Garofalo Bauer, Harman None Page 17 - Council/Agency Minutes - 05/15/95 (City Council) APPOINTMENT - MOBILE HOME REVIEW COMMITTEE - KENNETH POLLOCK - ACCEPTANCE OF RESIGNATION - JACK BOWLAND - APPROVED (110.20) The City Clerk presented a communication from the Assistant City Administrator, regarding the Mobile Home Review Committee Appointment. Councilmember Bauer stated that he wanted to publicly acknowledge the services of Jack Bowland as an outstanding contributor and that Mr. Bowland had served on three boards simultaneously. A motion was made by Bauer, seconded by Dettloff, to appoint Kenneth A. Pollock, a resident of the city, as an at large member to the Mobile Home Review Committee, to fill the vacancy created by the resignation of Jack Bowland. The motion carried by unanimous vote. City Council TRASH SCAVENGING - CODE ENFORCEMENT - APPROVED (630.10) The City Clerk presented a communication from the Director of Public Works regarding trash scavenging which has become a serious problem in Huntington Beach because the value of recyclable materials has increased making it profitable for "professional" scavengers employing large numbers of people to scavenge neighborhoods. The Public Works Director presented a staff report. The Police Chief reported at the request of Councilmember Green regarding enforcement of trash scavenging and that the members of the Volunteer Police Program are trained to observe and report. A motion was made by Garofalo, seconded by Green, to direct staff to vigorously enforce existing codes and regulations. The motion carried by unanimous vote. (C!ty Council REQUEST FOR APPROVAL TO HIRE CONSULTANT TO ASSIST IN LOBBYING COASTAL COMMISSION - LAND USE PLAN FOR BOLSA CHICA - APPROVED AS AMENDED (320.45) The City Clerk presented a communication from the Director of Community Development requesting approval for authorization to hire a consultant to assist the City in lobbying the California Coastal Commission to address the City's concerns on the Land Use Plan for the Bolsa Chica. The City Clerk announced a late communication from the City Administrator dated May 15, 1995 entitled Modified Proposal for Fire, Emergency Medical, and Ambulance Services to the City of Westminster. This communication had also been announced earlier in the meeting prior to the Public Comments portion of the agenda. The Community Development Director presented a staff report. She stated that the last opportunity for the city to state its position will be at the California Coastal Commission hearing. 274 Page 18 - Council/Agency Minutes - 05/15/95 Discussion was held by Council and staff regarding legal jurisdiction of the California Coastal Commission, meetings with the landowner and county, resolution of sanitation, water and policing, land use planning, and the proposed agreement with the Fire Department and Library Services Department and the reasons regarding the need for a consultant. A motion was made by Dettloff, seconded by Green, to direct staff to formulate with the City Council those areas of concerns the City of Huntington Beach has regarding Bolsa Chica, to meet with the Coastal Commission staff to verify which of these concerns are within the Coastal Commission's jurisdiction, to meet with the landowner and the county to go over specific concerns to see if any one of those can be resolved and to come back with a specific amount and a recommended consultant's name by June 19, 1995. The motion carried by unanimous vote. (City Council) FINAL PROPOSAL TO PROVIDE FIRE, EMERGENCY MEDICAL AND AMBULANCE SERVICES TO CITY OF WESTMINSTER - APPROVED AS AMENDED (510.50) The City Clerk presented a communication from the Fire Chief regarding a final proposal to provide fire , emergency medical and ambulance services to the City of Westminster. A final proposal must be submitted by May 18, 1995 to be considered for the contract award. The City Administrator reported regarding a proposed amendment to the proposal that would make the city's proposal comparable on quality of service and number of people with other agencies submitting proposals. Tom Huntley, Fire Department Division Chief/Operations Officer and Acting Fire Chief, reported. Battalion Chief Chuck Reynolds presented a staff report using slides regarding the proposed amendment to the proposal, increased response times, loss of immediate back-up, reduction of Central Net Revenue and Services, increase future costs, service and cost comparison. Discussion was held by Council and staff regarding status of Central Net, the ambulance program, reduction in administrative fees, assimilation of Westminster Fire Personnel, and retirement benefits for Westminster Fire Personnel. A motion was made by Garofalo, seconded by Green, to authorize the Fire Chief to submit a final proposal for contracting fire services to the City of Westminster and further direct staff to reduce the alternative bid price by an amount equal to $86,700 to be taken from the administrative fee and to further request staff to deal with the retirement supplement issue to the satisfaction of the Council which means tiering it and eliminating it from the new hire pool for this proposal. The motion carried by unanimous vote. Motion For Meeting To Proceed Past 11:00 P.M. -Approved On motion by Sullivan, second Leipzig, Council approved proceeding past the 11:00 p.m. deadline in order to finish the agenda. The motion carried by unanimous vote. 275 Page 19 - Council/Agency Minutes - 06/15/95 (City Council COUNTY -WIDE COORDINATED RADIO COMMUNICATION SYSTEM AND JOINT POWERS AGREEMENT - BETWEEN COUNTY OF ORANGE AND JOINT CITIES - COUNTY 800 MHz COMMUNICATIONS SYSTEM - APPOINTMENTS TO EXECUTIVE BOARD - APPROVED (600.40) - The City Clerk presented a communication from Fire Chief informing Council the Orange County Board of Supervisors has given authorization to proceed with the 800 MHz communications system and to enter into a contract with Motorola. This contract will be assigned to an 800 MHz Joint Powers Agreement upon its formation. Approval of the Joint Powers Agreement will provide a purchase and financing vehicle for the joint Cities/County 800 MHz radio system. The proposed 800 MHz system is an 81-channel radio communications system enabling mutual cross - communications among 100 city and county law, public works and fire operations. The Police Chief presented a staff report. He presented a video entitled 800 Mhz Radio System prepared in cooperation with the Orange County Chief's and Sherrif's Association that explains the history of the project and some of the technical aspects. Captain Gildea reported regarding the financing plan for the radio system and stated that for the past four years the city has been budgeting ($460,000) a year towards the 800 Mhz Radio System with a total of $2,200,000 set aside which is currently in the County Pool. The Police Chief reported regarding the ability of the Joint Powers Agreement to borrow money at a lower rate of interest. A motion was made by Green, seconded by Dettloff, to: 1. Approve the 800 MHz communications Law/Public Works/Fire, Joint Powers Agreement and authorize the Mayor and City Clerk to execute the Joint Powers Agreement for the Orange County 800 Megahertz Communications System, and 2. Authorize appointment of Fire Chief Dolder as the 800 MHz Executive Committee member and Police Chief Lowenberg as alternate Executive Committee member, and 3. Agree to purchase police and public works radios per the Joint Powers Agreement for the Orange County 800 Megahertz Communications System. The motion carried by unanimous vote. (City Council) LICENSE AGREEMENT - CITY OF NEWPORT BEACH - INSTALLATION OF 36" WATERLINE IN HUNTINGTON BEACH - APPROVED AS AMENDED (600,10) The City Clerk presented a communication from the Public Works Director informing Council that the City of Newport Beach desires to construct a 36" water transmission pipeline within the City of Huntington Beach public right-of-way (Brookhurst/Banning) to access their future domestic ground water wells in Fountain Valley. 276 Page 20 - Council/Agency Minutes - 05115195 The City Clerk announced a late communication from the Public Works Director dated May 15, 1995 transmitting a Revised License Agreement for installation of a 36" Waterline. This communication had also been announced earlier in the meeting prior to the Public Comment portion of the agenda. The Public Works Director presented a staff report. Discussion was held by Council and staff regarding the license agreement, well sites, concerns of neighbors regarding construction of the pipe line, construction conditions contained in the license agreement, increased costs of Municipal Water District water, one time payment of $10,000, and street re -construction to meet requirements of Huntington Beach standards. The City Attorney reported regarding the insurance requirements for the City of Newport Beach and a change in the agreement to reflect that Newport Beach is self -insured for the first $1,000,000. Don Webb, Newport Beach Public Works Director, reported regarding the insurance requirements and proposed projects. The City Attorney read a substitute clause for the insurance requirement including a self- insurance clause for the first $1,000,000. In response to Councilmember Green's question, the Newport Beach Public Works Director reported regarding the sequence of events of the proposed construction. A motion was made by Dettloff, seconded by Green, to approve the amended "Terms and Conditions" regarding the insurance requirement as stated by the City Attorney, contained in the License Agreement between the City of Newport Beach and the City of Huntington Beach and enter into said License Agreement with the City of Newport Beach for the installation and maintenance of a 36" water transmission pipeline with the City of Huntington Beach public right- of-way as shown on Exhibit A of said agreement and authorize execution by the Mayor and City Clerk. The motion carried by unanimous vote. ORDINANCES ADOPTED The City Clerk presented Ordinances No. 3248, 3284, 3283, and 3282 for Council introduction. A motion was made by Green, seconded by Sullivan, to adopt the following ordinances after reading by title. The motion carried by unanimous vote. (City Council ORDINANCE NO. 3248 - CODE AMENDMENT NO. 93-5/B - CARTS AND KIOSKS - ADOPTED (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE AND THE DOWNTOWN SPECIFIC PLAN TO PERMIT CARTS AND KIOSKS." Public Hearing was held on 11/21/94 and introduction approved on 5/1/95. 277 Page 21 - Council/Agency Minutes - 05/15/95 City Council) ORDINANCE NO. 3284 - ESTABLISHES INVESTMENT ADVISORY BOARD - ADOPTED (110.10) -'AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 2.110 ENTITLED `INVESTMENT ADVISORY BOARD'." Introduction approved on 511195. (City Council) ORDINANCE NO. 3283 - CONTROL OF VEHICULAR CRUISING - ADOPTED (6407M - "AN ORDINANCE OF,THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 10.22 TO THE HUNTINGTON BEACH -MUNICIPAL CODE PERTAINING TO CRUISING." Introduction approved on 5/1/94. (City Council ORDINANCE NO. 3282 - CURFEW FOR MINORS - ADOPTED (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.68 OF THE HUNTINGTON EACH MUNICIPAL CODE PERTAINING TO CURFEW FOR MINORS." Introduction approved on 5/1195. RECESS The Mayor called a recess of the City Council and Redevelopment Agency. CLOSED SESSION The Mayor called a recess of the City Council and Redevelopment Agency for the purpose of considering the Closed Session items. RECONVENE The Mayor reconvened the meetings of the City Council and Redevelopment Agency in the Council Chamber 278 Page 22 - Council/Agency Minutes - 05/15195 ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, May 22, 1995, at 5:00 p.m. in Room B-8, Huntington Beach, California. (Regular meeting) ATTEST: i City ClerktClerk 279 Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman