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HomeMy WebLinkAbout1995-06-05MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY 5:00 P.M. - Room B-8 6:30 P.M. - Council Chamber Huntington Beach, California Monday, June 5, 1995 Mayor Pro Tempore Sullivan called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Bauer, Sullivan, Dettloff, Garofalo (Green arrived 5:15 p.m.) ABSENT: Leipzig STUDY SESSION - STATUS REPORT - CAPITAL IMPROVEMENT PROJECTS The City Administrator stated that as the City has now received some of its money back which had been held by the county due to the bankruptcy, capital improvement projects may now be possible. Deputy City Administrator/Administrative Services distributed copies of a slide report titled Capital Improvements dated June 5, 1995 and reported on the subject. Ron Hagan, Community Services Director reviewed a slide on the following proposed projects: Ruby's Restaurant at End of the Pier, Pier Plaza, South Beach Improvements, Yorktown Widening Phase I, Bluff Top Improvements Phase I, Warren Lane Parallel Sewer and Banning/Bushard Lift Station. Bob Eichblatt, City Engineer, reported. Discussion was held between the Council and City Administrator regarding fiscal aspects of the Capital Improvement projects. STUDY SESSION - FOURTH OF JULY - POLICE DEPARTMENT Ron Lowenberg, Police Chief, reported on the upcoming Fourth of July Celebration Events in the City as it affected peace -keeping plans of the Police Department. Aspects of the peace -keeping efforts include beach and pier closure at 6:00 p.m. and volunteer closure of business district at 7:00 p.m. Lt. John Arnold made a presentation to Council. Steve Daniels, President of the Downtown Merchants Association made a video presentation of plans developed by the Police Department, downtown residents and merchants to have a safe celebration of the nation's birthday and to let it be known that persons coming to the city to engage in riotous behavior would be arrested. 281 Page 2 - Council/Agency Minutes- 6/5/95 RECESS The Mayor Pro Tem called a recess of the City Council and Redevelopment Agency. CLOSED SESSION OF CITY COUNCIL/REDEVELOPMENT AGENCY The following closed sessions were called to consider: Closed Session - City Council pursuant to G. C. Section 54957.6 to meet with its designated representatives William Osness, Personnel Director and Daniel Cassidy, Esq., Liebert, Cassidy & Frierson Re: Labor Relations Matters - Meet & Confer Re: the following employee organizations: MSOA, POA, PMA, MEA, MEO, HBFA, & SCLEA. (120.80) Closed Session - City Council pursuant to G. C. Section 54956.9(c) to confer with its City Attorney regarding pending litigation. Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Number of potential cases 1. Potential class action lawsuit against various defendants in the Orange County Bankruptcy. (120.80) Closed Session - City Council pursuant to G. C. 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 re Orange County: US Bankruptcy Court Case #SA 94-22272 JR Administratively Consolidated with case #SA-94-22273 JR. (120.80) Closed Session - Redevelopment Agency pursuant to G. C. Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the Agency is a party. The title of the litigation is Redevelopment Agency v. Koller, Guarano: Orange County Superior Court Case No. 73-39-49. (400.50) Closed Session - City Council pursuant to G. C. 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 Kelly Pipe Company v. Southern California Underground; City: Orange County Superior Court Case No. 717624. (120.80) RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY IN COUNCIL CHAMBER Mayor Pro Tempore Sullivan called a recess of the City Council Redevelopment Agency meeting. The Mayor Pro Tern reconvened the regular meeting of the City Council/Redevelopment Agency at 6:45 p.m. in the Council Chamber. CALL CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO ORDER ROLL CALL: PRESENT: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo ABSENT: Leipzig Page 3 - Council/Agency Minutes- 6/5/95 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilwoman Dettloff. PRESENTATION OF PLAQUE TO HUNTINGTON BEACH POLICE DEPARTMENT FROM MCDONNEL DOUGLAS AEROSPACE Mr. Bill Olson, Sr. Vice-president of McDonnell Douglas Aerospace presented a plaque to the City in appreciation for the Police Department's participation at the 1995 Community Open House. Announcement Of Closed Session Action Re: Kelly Pipe Company V. Southern California Underground; City - Settlement Agreement - Approved It was announced that the City Council had voted unanimously (Leipzig absent) in Closed Session to appropriate $102,000 in satisfaction of a judgment to Southern California Underground. Orange County Superior Court Case No. 717624 - Kelly Pipe Company v. Southern California Underground; City. ANNOUNCEMENT BY CITY CLERK OF LATE COMMUNICATIONS Pursuant to the Brown Act, the City Clerk announced the following Late Communications which had been distributed to Council and which were available at her desk for members of the public: (Typographical Correction): Notice of Completion -Angus Petroleum - Tract 12746 - (Street name should read Springfield not Springdale. (Capital Improvements - Study Session Item) - Copy of Slide Report on Capital Improvement Projects dated June 5, 1995. (Mobilehome Review Committee Item): Communications from the following persons in support of the Mobilehome Review Committee becoming a permanent Board: Scott Foster, Roy Pierce, Mr. And Mrs. William Carter, Virginia Alleman, Steve Gullage, Alice Shaw, Huntington Beach Mobilehome Owners' Association (Steve Gullage, Norma Brownell, Sandra Cole, Ron Laramie) An informal petition dated May 17, 1995, bearing approximately 37 signatures of persons requesting the continuation of the Mobilehome Review Board on a permanent basis. (Water Master Plan Capital Improvements Financing) - Communication from William Holman, Seacliff Partners Project Manager, dated June 5, 1995, regarding the Water Master Plan Capital Improvements Financing. (Coultrup Development Co. Disposition and Development Agreement Item) - Slide Report from City Administrator's Office. Communication from Tom Rail, dated March 20, 1995, in opposition to the recommended action Page 4 - Council/Agency Minutes- 6/5/95 (Fire Department Ambulance Program Item) - Huntington Beach Fire Department Slide Report dated June 5, 1995. (Ruby's Restaurant Bid Award Item) - Slide Report from the Community Services Department dated June 5, 1995. PUBLIC COMMENTS Teddi Alves addressed Council regarding her concern for the United States pilot downed in Bosnia. She also spoke regarding our free press and our city, county government and other issues including and available tax exemption to qualified widows of armed forces members. George Arnold addressed Council in opposition to the Agenda Item regarding an Agreement for Management of Surf City Huntington Beach Store and Appropriation of funds. He spoke regarding the manner in which Main Street is blocked off on the weekend causing the cars to damage the bricks. He also complained about the lights out on Main Street and Yorktown. Jon Coultrup, Coultrup Development Company, addressed Council on the Agenda Item regarding the Disposition and Development Agreement between the Redevelopment Agency and Coultrup Companies. He spoke regarding receiving information from the city in an untimely manner. He requested that the Agency waive the financial contingency or if the Agency is unable to do so that a 30 day extension be approved so that there is time to develop with staff an Affordable Housing Plan and a financial analysis. Mike Roberts, Coultrup Development Company, presented a slide report of fiscal information to Council. Joyce Riddell, Chamber of Commerce urged Council to restudy the agenda item regarding the Coultrup Disposition and Development Agreement. Art Coffee urged Council to follow through with the Coultrup development stating reasons including that the development would make the downtown more conducive to families with children. Michael Haskin urged that the Coultrup Development go forward, citing reasons including the need to complete the downtown area. Katherine Meredith, spoke in support of the Coultrup Development project stating the improvements it will make to the downtown area. James O'Donnell urged approval of the Coultrup Development project item stating the project's favorable effect on the downtown area. Curtis Pearsey urged that the project of Coultrup Development Company be completed. Steve Gullage, President of the Huntington Beach Mobile Homeowner's Association spoke in support of the Mobilehome Review Committee and informed Council that lines of communication have been opened. He cited an instance where a park owner was in violation of a rule and the committee brought it to his attention and saved the park owner a penalty. 284 Page 5 - Council/Agency Minutes- 6/5/95 Tom Sobek spoke regarding the serious deterioration of his park and the rent increases. Don Caldwell, President of Sea Aira Mobilehome Estates requested that Council establish the Mobilehome Review Committee as a permanent city board. Sandra Cole, Huntington Beach Mobilehome Owner's Association, requested that Council action be taken at this meeting to establish the Mobilehome Review Committee as a permanent board. John D. Bowman spoke in support of the Coultrup project stating that the development would make the downtown area more desirable to frequent. Roy Richardson informed Council of his support of the staff recommendation on the Agenda Item pertaining to the Coultrup Development Company Disposition and Development Agreement. He spoke regarding history of the project and the Coastal Commission appeal. Christi Granado spoke in support of the Coultrup Development project stating it would enhance the downtown area. Bill Scrimpsher spoke in support of the Huntington Beach Art Center stating reasons why he believed it was an asset to the community. He stated that recent news articles were not representative of the Art Center. Mr. Scrimpsher informed Council that his daughter had been chosen as one of the high school students to take part in the young people's exhibit that opened the gallery. He requested Council's support of the gallery. Michelle Scrimpsher, Huntington Beach High School spoke regarding her support for the Art Center informing Council that as a person with severe dyslexia it afforded her an opportunity for expression and to show what she can do with art. She stated that she would be happy to answer questions and discuss the Art Center. Diane Easterling, Downtown Resident's Association Co -Chair, spoke regarding the Coastal Commission hearing to be held in Carmel, California on the Coultrup Development Project appeal and on the Maxwell's Restaurant Rebuilding. She requested the City Administrator to request that these appeals be rescheduled to be held preferably in Huntington Beach or in Long Beach; locations more accessible to Huntington Beach residents. Councilmember Garofalo inquired of Ms. Easterling as to whether the downtown residents have an opinion on the Coastal Commission Permits issue and Ms. Easterling responded that the residents wanted input into the project. James Bridges, Citizens Bureau of Investigation, presented slides on what he stated were police officers' salaries. He also disputed the validity of America's Safest City Designation. Mr. Bridges spoke regarding the current on -going FBI Civil Rights Investigation and inquired if there were others. Bill Mello, Citizens Bureau of Investigation, referred to the Council meeting held August 1, 1994 at which time Councilmember Sullivan proposed a charter amendment relative to retirement benefits for city employees. He spoke regarding the lawsuit by Police Officers and stated that the Superior Court Judge had thrown out the lawsuit. He spoke regarding the legal costs he had incurred. Page 6 - Council/Agency Minutes- 6/5/95 Grace Mello, Committees of Correspondence informed Council that she believed as William Popejoy, Orange County Chief Executive Officer and Sheriff Gates had presented a promotion of the Sales Tax Ballot issue that those with the opposing viewpoint should be able to present their side before Council. She stated that Mr. Mello requested that Bruce Whittaker and Marc Petracca be allowed to speak for 26 minutes or to know the reason why they could not. Mort Shea, Committees of Correspondence, spoke in opposition to Measure R - Sales Tax stating that there are other solutions. He requested equal time for a presentation to be made against Measure R. He requested that he and Bill Mello be contacted to volunteer to assist in opposing Measure R. Leon McKinney, spoke regarding police officers' suit against Mr. Bill Mello and Mr. James Bridges, stating reasons why he did not believe the City Attorney's Office was proceeding properly on the suit. Barbara Marrs, Representative of Seacliff Coalition, spoke regarding the renewal permits for the Surfcrest Project going before the Coastal Commission. She requested that Council send a letter to the Coastal Commission in opposition to the renewal of those permits. Her reasons for opposition included and extremely high density development, inadequate parking, borders on Bolsa Chica Regional Linear Park, closeness to wetlands thus environmentally next to a very sensitive area; also it will further impact the traffic on Seapoint Street. Jim Smith informed Council that he opposed the policy of the Police Department to not respond to "Black Intersections" caused when there are no lights at all. He stated if not the Police Department, who is going to do it. Deputy City Attorney De La Loza spoke regarding the provisions of the Civil Vehicle Code which are followed whereby everyone treats it as though it is a four-way stop. He stated that he believed this is a sound position which saves the city liability. Josh Lightman, student, informed Council of the reasons why he believed more funds should be expended for "Grad Nite." Bob Winchell, Huntington Beach Tomorrow, requested that Council request staff to ask for a change of venue for the Coastal Commission appeal hearings on the Maxwell's project and the Coultrup Development Project. He spoke regarding the permit extension for Surfcrest and requested that Council take action that city is opposed. Mr. Winchell urged that Council support the continuation of the Mobile Home Review Committee. Juana Mueller, requested that Council request the Coastal Commission to postpone the appeal hearings on Maxwell's and Coultrup Development Project so that Huntington Beach residents can have involvement. She spoke regarding Surfcrest North and requested the permit extensions not be approved as the project was too dense and the trail system for the Linear Park would be hampered. Gary Mulligan, spoke in opposition to stopping the Coultrup Project. Councilmember Garofalo asked if the involved partner property owners were still meeting and Mr. Mulligan stated that he believed the property owners were still together. Page 7 - Council/Agency Minutes- 6/5/95 Natalie Kotsch, spoke regarding the past time delays that have hurt the downtown property owners. She spoke in support of the Coultrup Project. She stated that she believed the Affordable Housing issue can be resolved another way. She spoke regarding the need for deferred maintenance on window sills to be included in the Agenda Item regarding the Main Street Promenade Parking Structure. Deputy City Attorney Reported Re: Police Officers Lawsuit Deputy City Attorney De La Loza, at the request of Councilman Sullivan explained the legal ramifications of the complaint and cross -complaint regarding the police officers/citizens lawsuit. He stated that the matter could be agendized for the June 19, 1995 Council meeting if desired by Council. Councilmember Sullivan stated that he believes this should also be discussed in Closed Session. Councilmember Bauer requested clarification regarding the role of the City Attorney's Office and the Deputy City Attorney reported. OCN To Televise Huntington Beach 4th of July Parade Councilman Garofalo, liaison to the 4th of July Parade Committee stated that he and Councilman Harman serve as liaisons on the 4th of July Board. He reported on the committee's fundraising and announced that the parade will be televised by OCN. "Red Team" Meetings Proceeding on Schedule Councilman Garofalo informed Council that the Economic Development Department "Red Team" meetings were proceeding successfully; that approximately 25 corporate executives in the county have been identified and a recommendation regarding the creation of a Red Team will soon be made to Council. Receipt of Communication From Pillsbury, Madison & Sutro Re: Modification of Time For Election Change From Option A To Option A The City Administrator announced the receipt, at 7:30 p.m. this evening, of a letter from Pillsbury, Madison & Sutro dated June 5, 1995 written to all Orange County Investment Pool Participants titled Re: County of Orange Investment Pools Case No. SA94-22272-JR - Modification of Time for Election to Change from Option A to Option B Relating to Liquidity Facility by County of Orange on Recovery Notes. The City Administrator reported on the contents of the letter. City Administrator Response to Public Comment Re: Police Department Investigation The City Administrator responded to Mr. Bridge's earlier statement regarding the investigation of the Police Department by the Department of Justice. The City Administrator informed Council that the Police Department had been given a clean bill of health by the Justice Department. The City Administrator stated that the FBI investigation had not been concluded. 2 8-7 Page 8 - Council/Agency Minutes- 6/5/95 City Administrator Report Re: Police Officers' Salaries The City Administrator stated that he had received a memo from the Finance Board regarding their recommendations regarding Information on Police Officer's salaries. Attendance at Westminster Council Meeting Re: Provision of Fire Services to City of Westminster The City Administrator reported on the presentation that he and Councilman Garofalo had made at the Westminster City Council Meeting regarding the City of Huntington Beach bid to provide Fire Department Services to the City of Westminster. He stated that unfortunately the City of Westminster had elected to award the bid to the Orange County Fire Authority. Request For Information Re: Coastal Commission Appeal Process For Extension of Time for Surfcrest Permits Councilman Sullivan requested information on the issue of the appeal process on the extension of time for permits for Surfcrest Project and stated that he would like the Council to receive timely information regarding appeals and time frames for appeals. The Community Development Director stated that she would have an answer regarding who can appeal to issuance of Surfcrest permit time extension. The Community Development Director stated that she believes the Coastal Development Permit had expired for Surfcrest Project. Councilmember Bauer questioned what the impact would be if the city wrote a letter in opposition to extension of permits and discussion was held. The City Administrator requested time to check the Coastal Commission Agenda tonight and at the end of the meeting would present information to Council. Speakers in Opposition to Measure R - Sales Tax Councilman Sullivan commented that he believed qualified speakers in opposition to Measure R should be provided an opportunity to speak. Councilman Harman concurred. Coastal Commission Hearings on Maxwell's Building and Coultrup Development Project Councilman Harman stated his opinion that the Coastal Commission hearings on the Maxwell's Building and on the Coultrup Development project should be held in the city or at a nearby location such as Long Beach. CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Harman) Purchase of Passenger Van. (Dettloff) Continuation of Mobile Home Review Committee, (Bauer) Agreement For Management of Surf City Huntington Beach Store, (Green) Contribution for Local High School Grad Night. The City Administrator requested that the item pertaining to Defeasance of 1983 "Series A" Home 88 Mortgage Revenue bonds - Resolution No. 6695 be continued to June 19, 1995. � Page 9 - Council/Agency Minutes- 6/5/95 CONSENT CALENDAR - ITEMS APPROVED On motion by Dettloff, second Harman, the following Consent Calendar items were approved as recommended, by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - ADOPTED Approved and adopted minutes of the Council/Agency adjourned regular meetings of April 10, 1995 and regular minutes of March 20, 1995 and April 3, 1995 as written and on file in the Office of the City Clerk. (CITY COUNCIL) NOTICE OF COMPLETION - APPROVED TRACT NO 12746 - ANGUS PETROLEUM CO. - BLOCK BOUNDED BY CALIFORNIA/SPRINGFIELD/HUNTINGTON/ TORONTO - Accepted the improvements constructed and dedicated for public use within Tract No. 12746; and authorized the release of Bond No. 8111-85-92; the security furnished for faithful performance, labor and material and monuments respectively; and accepted Guarantee and Warranty Bond No. 7277259; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and instructed the City Clerk to notify the developer, Angus Petroleum Corporation of this action, and instructed the City Treasurer to notify the bonding company, Great American Insurance company of this action. (420.60) (CITY COUNCIL) NOTICE OF COMPLETION - AMBERLEAF PARK - TEHACHAPI LANDSCAPE - CC-899 - APPROVED - Accepted the improvements completed by Tehachapi Landscape on the construction of Amberleaf Park for a contract cost of $37,897.72. and authorized the City Clerk to file the Notice of Completion for the Amberleaf Park, CC-899. (600.65) (CITY COUNCIL) NOTICE OF COMPLETION - TRACT 12747 - ANGUS PETROLEUM CORP. - BLOCK BOUNDED BY CALIFORNIA/SPRINGFIELD/DELAWARE/ROCHESTER - APPROVED - Accepted the improvements constructed and dedicated for public use within Tract No. 12747; and, authorized the release of Bond No. 8111-85-93; the security furnished for faithful performance, labor and material and monuments respectively; and accepted Guarantee and Warranty Bond No. 7277258; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and, instructed the City Clerk to notify the developer, Angus Petroleum Corporation, of this action, and the City Treasurer to notify the bonding company, Great American Insurance Company, of this action. (420.60) (CITY COUNCIL) FINAL TRACT MAP 15033 - W/BEACH BORDERED BY MEMPHIS/ FLORIDA/KNOXVILLE - GREYSTONE HOMES, INC. - APPROVED Approved Final Tract Map No. 15033 and accepted the offer of dedication and improvements, and bonds pursuant to the following findings and requirements: Findings for Acceptance of Final • Page 10 - Council/Agency Minutes- 6/5/95 Map: Final Map No. 15033 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15033 conditions of approval as approved by the Planning Commission. Requirements: Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: Faithful Performance Bond No. 3SM88233700, Labor and Material Bond No. 3SM88233700, Monument Bond No. 3SM88233800; instructed the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with: a deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; a Certificate of Insurance shall be submitted; Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; approved and authorized execution of Subdivision Agreement. (420.60) (CITY COUNCIL) FINAL TRACT MAP NO. 14651 - SUBDIVISION AGREEMENT - SEACLIFF PARTNERS - SE OF SEAPOINT STREET & PALM AVENUE - APPROVED - Approved Final Tract Map No. 14651 and accepted the offer of dedication and improvements, and bonds pursuant to the following findings and requirements: Findings for Acceptance of Final Map: Final Map No. 14651 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14134 conditions of approval as approved by the Planning Commission. Requirements: Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: Faithful Performance Bond No. FPB 11141536232, Labor and Material Bond No. 1141536232, Monument Bond No. 1141536240; instructed the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with: a deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; a Certificate of Insurance shall be submitted; Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; approved and authorized execution of Subdivision Agreement. (420.60) (CITY COUNCIL) COOPERATIVE AGREEMENT C-95-975 BETWEEN CITY & ORANGE COUNTY TRANSPORTATION AUTHORITY - (MEASURE M FUNDS) - COMBINED TRANSPORTATION FUNDING PROGRAM/BICYCLE & PEDESTRIAN FACILITIES PROGRAM - APPROVED - Approved and authorized execution of Cooperative Agreement between city and county which defines the terms and conditions for projects funded by Measure M in the Combined Transportation Funding Program (CTFP) and the SB 821 Bicycle and Pedestrian Facilities Program (BPFP). (600.25) (CITY COUNCIL) REPAIR/REPLACEMENT OF STREET IMPROVEMENTS - DANES CIRCLE - J & B KOVAC ENGINEERING - MSC-375 - ADDITIONAL CONTRACT COSTS & CHANGE ORDER INCREASE - APPROVED - (1) Authorized a reappropriation of $33,089 from the project incidental budget to cover additional contract costs of $24,066 and change order expenditures of $9,023 and (2) approved a $45,000 increase in the change order budget to remove/replace public improvements along Danes Circle. (600.50) Page 11 - Council/Agency Minutes- 6/5/95 (CITY COUNCIL) AGREEMENT NO. D94-028 - ORANGE COUNTY FLOOD CONTROL DISTRICT (OCFCD) - REMOVAL AND CONSTRUCTION OF PEDESTRIAN BRIDGE - BETWEEN BANNING/HAMILTON AVENUES - APPROVED - (1) Approved "Agreement No. D94- 028 Between Orange County Flood Control District and the City of Huntington Beach; and (2) authorized the Mayor and City Clerk to execute Agreement No. D94-028; and (3) authorized the Director of Public Works to expend monies per the terms and conditions of Agreement No. D94- 028 for the removal and construction of a certain pedestrian bridge over Talbert Flood Control Channel between Banning Avenue and Hamilton Avenue. (600.25) (CITY COUNCIL) GRANT FUNDED PURCHASE - UPGRADE TO TRAFFIC ACCIDENT TRACKING & RECORDS SYSTEM (ATRS) PUBLIC WORKS - APPROVED - (1) Approved the purchase of the proposed traffic accident record system software for the sum of $21,605.00; and (2) approved the transfer of $21,605.00 from the Gas Tax Undesignated Fund Balance to Account Number E-AA-PW-4-15-3-88-00. and (3) directed $21,605.00 to be returned to the Undesignated Fund Balance upon reimbursement from the California Office of Traffic Safety. (340.80) (CITY COUNCIL) SURFSIDE WATER AGREEMENT - CITY OF SEAL BEACH - APPROVED - Approved and authorized the Mayor and City Clerk to execute the "Surfside Water Agreement' between the City and the City of Seal Beach to transfer the authorization and obligation to provide water service to the Surfside Colony from the City of Huntington Beach to the City of Seal Beach. (600.10) (CITY COUNCIL) AGREEMENT FOR PURCHASE OF EASEMENT FOR STREET R/W BETWEEN CITY AND JERRY GALICH - NW CORNER OF INTERSECTION GARFIELD AVENUE & CRYSTAL STREET & ACCEPTANCE OF DEED - APPROVED - Approved and authorized execution of an agreement for purchase of easement between the City of Huntington Beach and Jerry Galich and authorized acceptance of said easement deed by the City Clerk on behalf of the City at such time said deed is provided and approved by the City Attorney. (600.10) (CITY COUNCIL) CONTRIBUTION FOR LOCAL HIGH SCHOOLS GRAD NIGHTS - APPROVED AS AMENDED The City Council considered a communication from the Mayor recommending the contribution by the city of funding for "Grad Night' for the local high schools; said funding to be derived from the City Council budget. This item had been removed from the Consent Calendar at the request of Councilmember Green. Councilmember Green stated that he believed the funds should be derived from the General Fund. Councilman Garofalo stated that he would like Mayor's items to be placed under the Mayor and City Council section of the Agenda. 291 Page 12 - Council/Agency Minutes- 6/5/95 On motion by Green, second Garofalo, Council approved a donation of $250 for each of the four high schools; "Grad Night" and authorized that a check in the amount of $1,000 be forwarded to the Huntington Beach High School District for distribution; said funding to be derived from the Narcotics Asset Forfeiture Fund rather than the City Council Budget. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig (CITY COUNCIL) AGREEMENT BETWEEN CITY & TINA VIRAY $ NELSON WESCOTT FOR MANAGEMENT OF SURF CITY HUNTINGTON BEACH STORE & APPROPRIATION OF FUNDS - CONTINUED TO A TIME TO BE DETERMINED BY STAFF The City Council considered a communication from the Community Services Department and Administration recommending approval of an Agreement between the City and Tina Viray and Nelson Wescott for management of Surf City Huntington Beach Store and an appropriation of funds. Said item had been removed from the Consent Calendar at the request of Councilmember Bauer. Considerable discussion was held between Council and the Community Services Director regarding Councilmember Bauer's request for financial background information he had requested two years ago regarding the company. Councilmember Bauer requested information be returned regarding the city's protection of the integrity of the trademark. Councilmember Sullivan stated that he had several questions regarding the proposed contract which he would like answered not necessarily at this time. Councilmember Garofalo shared his philosophy with staff regarding this contract which is a typical contract between an "equity partner" and a "sweat partner". He requested staff to build a guarantee payback to the city, that his goal is to invest the public funds, to get a return on the investment and to promote the community. On motion by Bauer, second Garofalo, Council continued the proposed Agreement between the City and Tina Viray and Nelson Wescott for management of Surf City Huntington Beach Store and an appropriation of funds for the city's portion of matching funds for start up costs and production of HBTV3 "Surf City, Huntington Beach" Store Program until such time as staff believes appropriate to bring back. The motion carried unanimously. (CITY COUNCIL) RESOLUTION NO. 6694 - ADOPTED - PURCHASE OF GMC 12 PASSENGER VAN - (REPLACEMENT OF EXISTING VEHICLE) (340.80) The City Council considered a communication from Administrative Services recommending adoption of Resolution No. 6694 - Purchase of GMC 12 Passenger Van which had been removed from the Consent Calendar at the request of Councilmember Harman. Discussion was held between Deputy City Administrator Franz regarding the method of purchase. 292 Page 13 - Council/Agency Minutes- 6/5/95 A motion was made by Harman, second Green, to adopt Resolution No. 6694 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS." The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig (CITY COUNCIL) CONTINUATION OF MOBILE HOME REVIEW COMMITTEE PERMANENT COMMITTEE STATUS APPROVED - COMMITTEE TO RETURN WITH RECOMMENDATIONS RE: FORMATION, ROLE (110.10) The City Clerk earlier in the meeting had announced the following late communications received on this agenda item: Communications in favor of the Mobilehome Review Committee becoming a permanent Board received from Scott Foster, Roy Pierce, Mr. And Mrs. William Carter, Virgina Alleman, Steve Gullage, Alice Shaw, Huntington Beach Mobilehome Owners' Association (Steve Gullage, Norma Brownell, Sandra Cole, Ron Laramie) and an informal petition dated May 17, 1995, bearing approximately 37 signatures of persons requesting the continuation of the Mobilehome Review Board on a permanent basis. The City Council considered a communication from the Acting Director of Economic Development regarding the continuance of the Mobile Home Review Committee in its present form for a period of six months and request for the committee to return with recommendations to the Council in July, 1995, as to the role and responsibilities of the committee. Said communication had been removed from the Consent Calendar at the request of Councilwoman Dettloff. Councilwoman Dettloff gave reasons why she would like to see the committee have permanent status. Following extensive discussion, a motion was made by Dettloff, second Bauer that instead of extending the life of the Mobile Home Review Committee, that Council make the Mobilehome Review Committee a permanent committee; that within the next year the committee establish the rules and procedures under which they will function and in the meantime to operate as the committee has been presently formed by the City Council. The motion carried by the following vote: AYES: Harman, Bauer, Sullivan, Dettloff, Garofalo NOES: Green ABSENT: Leipzig (CITY COUNCIL) AGREEMENT BETWEEN THE CITY & KANE, BALLMER & BERKMAN (MICHAEL J. KARGER) FOR LEGAL SERVICES - APPROVED (600.10) The City Council considered a communication from the City Attorney regarding a proposed agreement between the city and Kane, Ballmer & Berkman for legal services. Said item had been removed from the Consent Calendar for separate discussion by Councilmember Bauer. Councilmember Bauer questioned the purpose of the agreement. 2'9'3 Page 14 - Council/Agency Minutes- 6/5/95 Deputy City Attorney De La Loza explained that it was to cover the retired city lawyers and the lawyer who recently left city employment. On motion by Bauer, second Dettloff, Council approved the Agreement between the City and Kane, Ballmer & Berkman for Legal Services for an amount not to exceed $50,000, and authorized execution by the Mayor and City Clerk. (Original Administrative Agreement entered into March 27, 1995). The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig (CITY COUNCIL) DEFEASANCE OF 1983 " SERIES A" HOME MORTGAGE REVENUE BONDS - LOAN PURCHASE AGREEMENT - CITY AND MERIDIAN CAPITAL MARKETS - RESOLUTION NO. 6695 - CONTINUED TO 6/19/95 "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH APPROVING SALE OF MORTGAGE LOANS, APPROVING AND AUTHORIZING AND DIRECTING EXECUTION OF DOCUMENTS IN CONNECTION THEREWITH, AND AUTHORIZING AND DIRECTING RELATED ACTIONS." (330.30) The above item had been removed from the Consent Calendar at the request of the City Administrator and continued to the June 19, 1995 Council meeting. RECESS - RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY Mayor Pro Tern Sullivan called a recess of the City Council - Redevelopment Agency meeting at 9:25 p.m. The meeting was reconvened at 9:40 p.m. (CITY COUNCIL) CITY FIRE DEPARTMENT AMBULANCE PROGRAM - REPORT ACCEPTED - FUND PLACEMENT APPROVED (510.50) The City Clerk earlier in the meeting had announced the following late communication regarding this item: Huntington Beach Fire Department Slide Report dated June 5, 1995. The City Clerk presented a communication from the Fire Chief regarding the City Fire Department Ambulance Program which began operations on November 1, 1993. As part of the program approval, the City Council required a one year review to include a report of operating costs and revenues and establishment of a separate Ambulance Equipment Replacement Account funded by program savings. The City Council also requested staff to submit a repayment plan to the General Fund Reserve for the $447,903 one time startup cost. The Fire Chief presented a slide report. 294 Page 15 - Council/Agency Minutes- 6/5/95 A motion was made by Green, second Garofalo to accept the one year Ambulance Report with net revenues of $287,519 and to direct staff to place $55,600 into the Ambulance Equipment Replacement Account and apply $51,895 towards replacement of the General Fund startup costs. Leaving a General Fund unpaid balance of $396,008. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Leipzig (CITY COUNCIL) WATER MASTER PLAN CAPITAL IMPROVEMENTS FINANCING - PAY -AS - YOU GO FINANCING PLAN - APPROVED (1000.50) The City Clerk earlier in the meeting had announced the following late communication: Communication from William Holman, Seacliff Partners Project Manager, dated June 5, 1995, in regard to the Water Master Plan Capital Improvements Financing. The City Clerk presented a communication from Director of Public Works regarding the 1995 Water Master Plan which identifies necessary capital improvements with an estimated cost of $42.9 million. Two separate charges are recommended to finance the projects and the proposed fees require adoption by ordinance and resolution through the public hearing process. The Director of Public Works presented a detailed report and presented slides. Discussion was held regarding the plan. William R. Everest, Boyle Engineering, reported. Discussion was held. A motion was made by Dettloff, second Green to approve the following recommended actions: (1) Approve the Water Task Force recommendation to utilize the Pay -As -You -Go financing plan when the Monthly Capital Surcharge is implemented. (2) Approve the Water Task Force recommendation of an increased Capital Facilities Charge for new residential development as presented in the Task Force Report. (3) Direct staff to prepare the necessary ordinances and resolutions to implement the Monthly Capital Surcharge and the increased Capital Facilities Charge. (4) Accept the proposed public hearing schedule related to the charges. The motion carried by the following roll call vote: AYES: Harman, Bauer, Dettloff, Green, Garofalo NOES: Sullivan ABSENT: Leipzig 29.5 Page 16 - Council/Agency Minutes- 6/5/95 (REDEVELOPMENT AGENCY) DETERMINATION OF AGENCY FINANCIAL ABILITY TO PERFORM OBLIGATIONS UNDER COULTRUP COMPANIES ET AL - DISPOSITION AND DEVELOPMENT AGREEMENT - MAIN PIER REDEVELOPMENT PROJECT AREA -APPROVED (600.30) The City Clerk earlier in the meeting had announced the following late communications: Communication from Tom Rail, dated March 20, 1995, in opposition to the item pertaining to that determination of Agency Financial Ability to Perform obligations under Coultrup Companies et al - Disposition and Development Agreement. The Clerk presented a communication from the Agency Executive Director regarding the Redevelopment Agency's obligations under the Disposition and Development Agreement between the Agency and Coultrup Companies approved on July 6, 1993. The following communications announced earlier in the meeting by the City Clerk on this item were received and distributed to Council after the agenda was printed: the Economic Development Department, a copy of the slide presentation entitled Main -Pier Phase II/Coultrup and a communication from Tom Rail dated March 20, 1995 in opposition to the proposed determination of Agency financial ability to perform obligations under Coultrup Companies et al Disposition and Development Agreement. The City Clerk announced that copies of the communications were available to the public pursuant to the Brown Act. Ray Silver, Acting Economic Development Director, and Keith Bohr, Assistant Project Manager, presented a staff report using slides regarding the need to make a determination that the Agency does not have sufficient funds available to complete all of its obligations under the Disposition and Development Agreement with Coultrup Companies. Mr. Silver reviewed the cash flow projections. Councilmember Green requested clarification of the portion of the recommended action regarding directing staff to return with the appropriate follow-up action; what the appropriate follow up action would be, whether it would be the absolute end of the Coultrup project and was it possible to find a solution and still keep the determination in the Development Agreement. The Acting Economic Development Director stated that Deputy City Attorney De La Loza would report. Deputy City Attorney De La Loza clarified the issues under deliberation at this time. Deputy City Attorney De La Loza reported regarding the Coultrup Disposition and Development Agreement and the steps necessary for the City Council to follow in their deliberations; that legal staff would recommend that Council undertake to make a financial determination as required and having done that staff will analyze how that works with respect to the rest of the language in the agreement and return to Council with the options available. At the request of Councilwoman Dettloff, the Assistant City Administrator reported on how the financial conditions surfaced, whether there was a position of the other property owners, and other aspects of the project. Deputy City Attorney De La Loza suggested that the focus should be on the financial determination with a view toward discussing any future potential negotiating 2 glategy to be done in closed session. Page 17 - Council/Agency Minutes- 6/5/95 At the request of Councilmember Garofalo the Mayor and Council allowed five minutes for Mr. Coultrup to address Council and respond to the mitigation of the negative financial impact. Discussion was held regarding the financial condition of the Redevelopment Agency. Jon Coultrup addressed Council and stated that the finances could be worked out except for the Affordable Housing requirement and that this requirement had never before been listed as a Redevelopment Agency cost. Mr. Coultrup requested a waiver, or if the City Council cannot approve a waiver that staff be directed to come up with an affordable housing financially feasible plan. Councilmember Garofalo spoke regarding the financial aspects including the element of profit sharing, which he stated he did not understand fully in this particular Disposition and Development Agreement, as how the city intends to benefit from the project from the sale of the units. A motion was made by Bauer, second Green, to make a determination that the Redevelopment Agency does not have sufficient funds available to complete all of its obligations under the Disposition and Development Agreement and direct staff to return with the appropriate follow-up action. Councilmember Green informed Council that he had second the motion hoping that the staff will come back with some way to solve the Affordable Housing situation. Councilmember Garofalo asked Councilmember Green if Council was directing staff to do that and Councilmember Green stated no, that is part of it; that is the appropriate follow-up. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green NOES: Garofalo ABSENT: Leipzig Continuance of Meeting Past 11:00 p.m. Approved On motion by Green, second Harman, Council approved continuing the meeting past 11:00 p.m. Motion carried unanimously. (CITY COUNCIL) BID AWARD - RUBY'S RESTAURANT - VARKEL CONSTRUCTION, INC. - CC-918 - APPROVED PROFESSIONAL SERVICES CONTRACT APPROVED - CITY & DOUGHERTY & DOUGHERTY FOR CONSTRUCTION ADMINISTRATION & CONSTRUCTION MANAGEMENT SERVICES & BUDGET AMENDMENT (600.80) The City Clerk earlier in the meeting had announced the following late communication from the City Administrator's Office of a Slide Report titled City Council Meeting Agenda Item F-4 - Pier Restaurant. Robert Franz, Deputy City Administrator, presented an extensive slide presentation. .297 Page 18 - CounciUAgency Minutes- 6/5/95 On motion by Dettloff, second Green, Council approved the following action: (1) Accepted the low bid submitted by Varkel Construction, Inc., 23141 La Cadena Drive, Unit L, Laguna Hills, CA, and authorized the Mayor and City Clerk to execute the contract for the construction of a Ruby's Restaurant at the end of the Huntington Beach Pier, for a total bid amount of $1,195,000; (2) Authorized the Public Works Department to expend a total of $1,397,000 which consists of the contract cost of $1,195,000 estimated construction Change Orders of $119,500, and supplemental expenditures of $82,500, (3) Approved the "Professional Services Contract Between the City of Huntington Beach and Dougherty & Dougherty for Construction Administration and Construction Management Services for the Pier Restaurant", for construction support services and quality assurance inspection, in the amount of $47,600, (included in supplemental expenditure budget). (4) Approved an amendment to the current year budget to increase the appropriations for the Pier Restaurant by $57,000 (total cost of $1,397,000, less budgeted funds of $1,340,000). The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green NOES: None ABSENT: Leipzig (Garofalo absent from room) (CITY COUNCIL) MAIN PROMENADE PARKING STRUCTURE REPORT RECEIVED AND FILED- APPROPRIATION OF FUNDS - APPROVED (275.10) The City Clerk presented a communication from the Community Services Director transmitting the Main Promenade Parking Structure Report. The Community Services Director presented a staff report including Council's previous request for an outside consultant to conduct an operational study of the parking structure. He stated that the consultants contacted had required $20-25,000 to do a study and that staff felt before moving ahead with spending that kind of money the staff would prepare a report for council covering a number of issues in an effort to determine if Council still wish staff to pursue an outside study on the operations. Also staff summarized future needs and immediate needs. Councilman Garofalo returned to the room. Discussion was held between Council and the Community Services Director. Councilman Garofalo stated he would like staff to review a proposal for a policy that charges at least a basic overhead cost of $1 for the first two hours and then start a real parking garage kind of rate to run it as a business. He also stated that he did not believe the meter hours from 6 a.m. to mid -night was equitable, that there should be a high season and a low season policy and that Council has to reconsider $.25 for 15 minutes. Page 19 - Council/Agency Minutes- 6/5/95 A motion was made by Harman, second Garofalo to approve the following action: (1) Receive and file the Main Promenade Parking Structure Report as described in RCA dated 6/5/95 and (2) Appropriate $35,226 from the Unappropriated General Fund balance to address the immediate needs at the Main Promenade Parking Structure for increasing the recurrent booth attendant budget, increasing the private security contract, providing for a recurrent supervisor for summer weekends, and installing panic alarms in the attendant booths. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig ORDINANCES ADOPTED After reading by title by the City Clerk, on motion by Green, second Garofalo, the following ordinance was adopted by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig (CITY COUNCIL) ORDINANCE NO. 3285 - ZONE CHANGE 95-3 - FLOODPLAIN OVERLAY DISTRICT - CODE AMENDMENT NO 95-3 - "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). (Public hearing and introduction approved 5/15/95) (450.20) ORDINANCES INTRODUCED After reading by title by City Clerk, on motion by Garofalo, second Green, the following ordinance was introduced by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: Leipzig (CITY COUNCIL) ORDINANCE NO. 3286 - ZONING AMENDMENT NO. 95-2 - ADULT BUSINESS ORDINANCE - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE BY AMENDING SECTION 211.04 THEREOF RELATING TO LAND USE CONTROLS FOR COMMERCIAL DISTRICTS." Public hearing held 5/1/95. (640.10) 2 9'9 Page 20 - Council/Agency Minutes- 6/5/95 (CITY COUNCIL) CLOSED SCHOOL SITES - YOUTH SPORTS FIELDS - SCOPE OF WORK FOR HIRING OF CONSULTANT (650.10) The City Council considered the following issue as placed on the City Council Agenda by Councilman Sullivan: There is a need to do a survey of use and future need for youth sports fields as part of the process in reviewing the city's General Plan to negotiate future land use issues with the various school districts within the City of Huntington Beach. I would like to propose that staff prepare a scope of work to hire a consultant who would do an assessment of all existing field space, potential field space, current use and allocation, future youth sports organizational needs, and cost and development scenarios for implementing a youth and adult sports field master plan. The Community Services Director reported. The Community Development Director reported on the meetings that will be held with the school districts. On motion by Sullivan, second Bauer, Council directed staff to prepare a scope of work to hire a consultant who would do an assessment of all existing field space, potential field space, current use and allocation, future youth sports organizational needs, and cost and development scenarios for implementing a youth and adult sports field master plan. The motion carried unanimously. (CITY COUNCIL) SURFCREST PERMIT EXTENSION AND MAXWELL'S BUILDING PROJECT REPORT BY COMMUNITY DEVELOPMENT DIRECTOR - MOTION FOR NEED TO TAKE ACTION FAILED FOR LACK OF SECOND The Community Development Director reported on the Surfcrest Permit Extension and the Maxwell's Building Project appeal issue that had been raised earlier in the meeting. She stated the manner in which an appeal could be filed. A motion was made by Sullivan that the need to take action regarding the Maxwell's Building Project Permit extension and appeal process arose after posting of the Agenda. The motion failed for lack of a second. (CITY COUNCIL) MOTION TO PERMIT SAME FORMAT FOR SPEAKERS IN OPPOSITION TO MEASURE R AS REQUESTED UNDER PUBLIC COMMENTS - FAILED FOR LACK OF A SECOND A motion was made by Sullivan that the need to take action regarding allowing speakers in opposition to Measure R to address Council in the format requested earlier in the meeting under public comments failed for lack of a second. 30.0 Page 21 - Council/Agency Minutes- 6/5/95 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 Thursday, June 8, 1995, at 5:30 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach California Ox 0 JO Mayor/Chairman (/ 301