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HomeMy WebLinkAbout1995-08-21MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 6:30 P.M. - Council Chamber Huntington Beach, California Monday, August 21, 1995 Call To Order 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 Council/Redevelopment Agency Roll Call Present: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Absent: None Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency to consider the following closed session items: 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 Laura and Gary DeSantis v. city, et al. (120.80) Late Communication During the 6:30 p.m. portion of the meeting the City Clerk announced a late communication from Michael Swartz, Hennigan, Mercer and Bennett, Attorneys at Law, requesting the City to expeditiously move for the dismissal, without prejudice, of the city complaint. 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. (120.80) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's Negotiator, Ray Silver, regarding negotiations with Coultrup Companies concerning the purchase/sale/exchange/lease of the property located at Main -Pier Phase II. Instruction will concern price and terms of payment. (400.50) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's Negotiator, Ray Silver, regarding negotiations with 427 Page 2 - City Council/Redevelopment Agency Minutes - 08/21/95 Waterfront Construction No. 1 concerning the purchase/sale/exchange/lease of the property located at the Waterfront Hilton Hotel. Instructions will concern price and terms of payment. (400.50) 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, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firemens' Association, and Surf City Lifesaving Employees' Association. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiator, Michael Dolder, Fire Chief, regarding negotiations with Southern California Edison concerning the purchase of the property for the new fire station, Slater Substation located on Edwards Street between Garfield Avenue and Ellis Avenue. Instructions will concern price and terms of payment. (120.80) Reconvene City Council/Redevelopment Agency The Mayor reconvened the regular meeting of the City Council and Redevelopment Agency at 6:45 p.m. in the Council Chamber. A videotape recording of this meeting is on file in the Office of the City Clerk Pledge Of Allegiance The Pledge of Allegiance was given by those present in the Council Chamber. City Council/Redevelopment Agency Roll Call Present: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Absent: None Presentation - Certificates Of Appreciation To GTE Everything Pages Summer Classic Co -Chairs For Equestrian Event Mayor Leipzig presented Certificates of Appreciation to GTE's Everything Pages Summer Classic Co -Chairs for their hard work in producing another successful Equestrian Event to Page 3 - Council/Agency Minutes - 08/21/95 raise funds for the Huntington Beach Art Center. Don Jankowiak, Co -Chair, announced that next year there will be a poster contest for students. Late Communications Announced By The Citv Clerk Pursuant to the Brown Act, the City Clerk announced the following late communications regarding agenda items which had been received following the distribution of the agenda: Revised Table of Contents to the Professional Services Contract between the city and NBS Lowry, Incorporated for Construction Inspection Services Communication dated August 19, 1995 from Chuck Beauregard, Chairman Save Our Kids regarding proposed Beach Park Improvement District Communication dated August 17, 1995 from Arlo Mark regarding Ordinance No. 3267 pertaining to massage licensing regulations Late Communication from Councilman Garofalo transmitting a letter dated July 14, 1995 from John D. Carmichael regarding disposition of the Springfield Trust and a letter from Thomas Bagshaw dated August 19, 1995 regarding the Fourth of July Executive Board Revised Reciprocal Fire Lane Access Easement Agreement provided by the City Attorney's Office Communication from Michael Swartz, Hennigan, Mercer and Bennett, Attorneys at Law, regarding a Closed Session issue requesting the City to expeditiously move for the dismissal without prejudice of the city complaint relative to the city vs. Merrill Lynch Public Comments Lloyd Skaggs, member of the Fourth of July Executive Board, stated that he was upset with the information he received in the mail relative to the proposed ordinance to be considered by Council on this meeting's agenda. He stated that he had been otherwise informed by staff and that staff sits on the committee that was preparing the recommendations. George Cross, member of the Fourth of July Executive Board, stated his concern that staff was making recommendations regarding the issue of the Fourth of July Executive Board without being fully informed. Mr. Cross requested that Council defer the ordinance until Council and the Fourth of July Executive Board members can meet. Discussion was held between Councilman Garofalo and Mr. Cross regarding the issue. Mary Alice Bourdelais, member of American Massage Therapy Association, informed Council she was representing the Western Institute of Neuromuscular Therapy, as well as many of her students who are city residents, and citizens of Huntington Beach who use massage therapy 429 Page 4 - City Council/Redevelopment Agency Minutes - 08/21/95 as an integral part of their health care program. She spoke in support of the adoption of Ordinance No. 3267 regarding the Massage Licensing Regulations for reasons including the emphasis on higher educational requirements. Ms. Bourdelais spoke regarding the benefits of massage therapy. Karen Polek, representing the Orange County Unit of the California Chapter of the American Massage Therapy Association and current vice president, addressed Council in support of the adoption of Ordinance No. 3267 regarding the Massage Licensing Regulations. She extended their board's appreciation to the Council and all who were involved in development of the ordinance. She stated that they believe the ordinance is a stepping stone to recognition of massage therapy as a respectable business and to safeguard the general public. Tom Donahue, Attorney on behalf of Associated Body Work and Massage Professionals, addressed Council regarding the services of Association. He stated that the current version of the ordinance will exclude members of the Associated Body Work and Massage Professionals. He informed Council of wording that would be acceptable. Gary Chaffin, Attorney, addressed Council in opposition to Ordinance No. 3267 regarding the Massage Licensing Regulations stating that those favoring the ordinance stood to gain financially. Dr. M. K. Hungerford, owner and Dean of American Institute of Massage Therapy, urged Council to keep the provision in the ordinance requiring that the therapists must work under their own license. Roland Clark, President of the California College of Physical Arts, a massage school in Huntington Beach, stated that he supports the ordinance and that he would like the word "professional massage" put in the ordinance. He stated this was necessary to differentiate between professional massage as opposed to putting suntan lotion on someone's back which would cause violation of this ordinance. He informed Council of his hope that one day therapists would not have to go through the police department procedure required for licensing which he believes is demeaning. Mark Dixon, massage therapist, spoke regarding the personal self-interest of some groups that result in a loss to the public. He gave reasons in support of the proposed ordinance including membership in a professional association. George Arnold addressed Council in opposition to the agenda item regarding acceptance of the Pacific View Street Dedication at the Waterfront Hilton Hotel. He protested what he believed to be the lack of police in the downtown area and skateboarders on sidewalks downtown. Mr. Arnold requested a special permit to sell T-Shirts for 30 days. He spoke in opposition to Paul Cook's operation of the Pierfest Event. The Mayor requested Mr. Arnold to contact his office. n1 M Page 5 - Council/Agency Minutes - 08/21/95 (City Council) Pacific View Street Dedication - Waterfront Hilton Hotel - Pursuant to Disposition and Development Agreement And Development Agreement To Be Deferred To August 28, 1995 The City Attorney stated that following discussion in closed session the item regarding the Pacific View Street Dedication at the Waterfront Hilton Hotel will be deferred to August 28, 1995. Jeanne Collins spoke in opposition to an article by Guy Carrozzo, Mayor of Fountain Valley, regarding the death penalty. Jim Barker, resident of Los Amigos Mobilehome Park and Community Director for Huntington Beach Mobilehome Association, spoke regarding the composition of the city's Mobilehome Park Review Committee. He urged that members appointed to the Committee include mobile home owners as well as mobile home park owners. John Carlson spoke regarding the flooding in the Corsican Drive area and the cause. He presented recommendations which will require FEMA (Federal Emergency Management Agency) funds. He stated that he was present at the meeting to urge that the channel repair be made. He stated that the Public Works Director has assured that a plan would be presented next month for channel repair. The Mayor informed Mr. Carlson that he has met with Public Works Department personnel and a representative from Congressman Rohrabacher's Office regarding pursuit of federal funds and that the city has no intention to let the next rainy season arrive without repairs to their channel and a couple of others in the city. Bill Lynch, spoke regarding the same flooding situation on which Mr. Carlson had addressed Council. Mr. Lynch requested that action be taken. Dr. Joseph Chow, owner of property on Corsican Drive in the flooding area, requested that the situation be remedied. He spoke regarding the property damage and loss in property value. He presented a proof of loss document to the City Clerk. Don Collins urged Council to support the City Engineer's request for emergency funds for repair of the channel. William Wohler addressed Council in support of the previous speakers' concerns regarding flooding. He spoke regarding the property value in the area and the difficulty in renting apartments to persons who know the area has been flooded. Mimi Des Forges addressed Council regarding her concerns on the flooding and requested that action be taken. Walter Serrano, owner of Chicken Gourmet Restaurant in the downtown area, spoke regarding the problems he has encountered with the Code Enforcement Division of the Community Development Department regarding a banner advertising his location. He spoke regarding the 431 Page 6 - City Council/Redevelopment Agency Minutes - 08/21/95 need for this banner and appealed to Council to allow his banner to stay up a few more weeks. He cited other banners such as those advertising Pierfest. Councilman Garofalo stated that the Huntington Beach Visitors and Convention Bureau will be forming a committee to get more signs in the area. The Mayor, Councilman Garofalo and Mr. Serrano discussed the situation. The Community Development Director stated that she believed this is a downtown problem and that Councilman Garofalo's suggestion to meet with Diane Baker, Visitors and Convention Bureau, is a good one. She stated the way the regulations are written the sign must be removed, however, there is discretion allowed in the time for removal. Mr. Serrano was requested to call the Community Development Department. Passing Of Tom Van Wie Announced By Mayor Pro Tem Dave Sullivan Mayor Pro Tempore Sullivan expressed his sorrow at the passing of Tom Van Wie, a member of our community. He spoke regarding Tom's community activism, his generosity in the taping and lending of Council meeting tapes and his work toward influencing the Council decision that City Council Study Sessions be taped for the public's benefit. The Mayor extended the City Council's condolences to his widow April and his family. City Administrator's Report Regarding Orange County Bankruptcy The City Administrator presented an extensive report on the Orange County Bankruptcy Recovery Plan. Councilman Garofalo spoke regarding the importance of the state recognizing that the state is part of the problem because of state mandates and the taking, by the state, of city revenues. He presented a question regarding the possibility of the state moving from a position of having a state trustee to considering another scenario. The City Administrator spoke regarding the proposal for the formation of an Orange County Advisory Group in -lieu of a Trustee. Mayor Leipzig commented on the newest plan from the OCIP relative to its complexity versus the state's desire for simplicity. �32 Page 7 - Council/Agency Minutes - 08/21/95 (City Council) Public Hearing - Revisions To City's Massage Establishment And Massage Technician Fee Schedule - Resolution No. 6691 - Adopted (640.10) The Mayor announced that this was the meeting set for a public hearing to consider revisions to the Massage Establishment and Massage Technician Fee Schedule. The city is proposing revisions as follows: Massage Technician, Application (Huntington Beach Municipal Code 5.24.090) - $125 2. Massage Technician, Change of Location - $50. 3. Permit for Massage Establishment Operation - $500 4. Annual Renewal - Massage Technician - $75 5. Annual Renewal - Massage Establishment - $250 The Police Chief presented a staff report. He stated the proposed fees are intended to cover the city's processing costs. The Mayor announced that this public hearing deals with the fees and there is a related agenda item scheduled later in the meeting regarding the proposed Ordinance No. 3267 relative to Massage Licensing Regulations. The Mayor declared the public hearing open. Gary Chaffin addressed Council and stated that he believed the fees were excessive and unreasonable. There being no one further to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Councilman Garofalo asked if there was a fee schedule fora school of massage. The Police Chief stated that he believe schools are charged as a business. He stated that he would inform Council of the procedure. A motion was made by Green, second Sullivan, to adopt Resolution No. 6691 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED, 'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE' AS TO FEES APPLICABLE TO MASSAGE ESTABLISHMENT SUPPLEMENTAL FEE RESOLUTION NO. 55." 433 Page 8 - City Council/Redevelopment Agency Minutes - 08/21/95 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 - Issuance Of Certificate Of Public Convenience And Necessity - Diamond Cab Company, Incorporated - Approved (940.70) The Mayor announced that this was the meeting set for a public hearing to consider an application for a Certificate of Public Convenience and Necessity to operate a taxi cab business in the city. The applicant is Athanasios Roditia dba the Diamond Cab Company and the proposed principal place of business is 6782 Stanton Avenue, Buena Park, California. The Police Chief presented a staff report. 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. Councilman Garofalo confirmed with staff that Diamond Cab Company will comply with the City Council resolution providing for rate discounts for the disabled, students and senior citizens. A motion was made by Harman, second Green, that based on the results of an investigation, the Police Chief recommendation is approved; that Council finds that the public interest, convenience and necessity require the issuance of a Certificate of Public Convenience and Necessity. The issuance of this certificate is subject to the filing and approval of an undertaking as provided for in Huntington Beach Municipal Code Section 5.48.070 (Liability Insurance) and subject to such conditions as may be imposed by the City Council, including the minimum and maximum of vehicles that may be used. The motion carried by unanimous vote. (City Council) Public Hearing - Reprogram Community Development Block Grant Funds To Various Projects - Sub -Grantee Agreement Between City And Boys And Girls Clubs Of Huntington Valley -Approved (600.10) The Mayor announced that this was the meeting set for a public hearing to consider comments on the reprogramming of $375,000 in Community Development Block Grant Funds due to the cancellation or completion of previously approved projects including the purchase of 611 Sixth Street property for affordable housing, $300,000 and contingency funds, $75,000. Projects considered by the City Council to be approved for Community Development Block Grant Funding are to benefit low and moderate income persons and neighborhoods. 434 Page 9 - Council/Agency Minutes - 08/21/95 The projects under consideration are: Yorktown Avenue - Public improvement on the south side between Delaware Street and Florida; improvements include: curbs, gutters, sidewalks, and storm drain: $225,000. Garfield Avenue/Florida Street traffic signal intersection: $105,000. Boys and Girls Clubs of Huntington Valley - Facility renovation, located at 2309 Delaware Avenue: $30,000. Security Lighting Proiect for Multifamily Apartment Complex - 17361 through 17442 Koledo Lane: $15,000. Total: $375,000. Ray Silver, Acting Economic Development Director, presented a staff report. Councilman Bauer asked if the Citizens Advisory Board had input in this issue. Carol Runzel, Assistant Project Manager, stated that they were called by telephone and sent public notice and that input was not received. The Mayor declared the public hearing open. Dan Mahaffey, representing the Florida Utica Task Force Committee, thanked the Police Department, Council and staff for the improvements in the area. He urged support for the $225,000 recommended expenditure and spoke regarding the improvement of what had been a very dangerous intersection at Florida Street and Utica Avenue. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. In response to a question by Councilman Harman regarding whether the Sub -grantee Contract would be binding on the merged organization of Kid Connection and the Boys and Girls Club the Community Services Director stated that the contract will be with the merged organizations. Councilwoman Dettloff asked procedural questions regarding the action before Council at this time and the Assistant City Administrator responded. The Community Services Director and the City Engineer responded to Councilwoman Dettloff's questions as to the relationship between the items being approved by Council in this action and the two related items on the consent calendar. A motion was made by Garofalo, second Harman, to approve the reprogramming of the canceled project funds and approve the new projects, as shown in Attachment No. 1 to the Request for Council Action dated August 21, 1995 as the reprogrammed budget and to approve and authorize execution by the Mayor and City Clerk, of the Sub -grantee Agreement 435 Page 10 - City Council/Redevelopment Agency Minutes - 08/21/95 between the city and the Boys and Girls Clubs of Huntington Valley for Federal Community Development Block Grant Funds of $30,000 for the renovation of its facility located at 2309 Delaware Street. The motion carried by the following roll call vote: Ayes: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Noes: None Absent: None Consent Calendar - Items Approved On motion by Green, second Sullivan, Council approved the following items, 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 June 19, 1995, June 26, 1995, and July 3, 1995 and adjourned regular meeting of June 15, 1995, as written and on file in the Office of the City Clerk. (City Council) 1994-1995 Annual Report - Public Hearing Scheduled September 5, 1995 - Huntington Beach Auto Dealer Business Improvement District - Resolution No. 6705 - Intention To Levy An Annual Assessment For The 1995-96 Fiscal Year - Adopted (460.30) Approved the following actions: (1) Approved the Huntington Beach Auto Dealers Business Improvement District Annual Report for 1994-95, and (2) Adopted City Council Resolution No. 6705 - "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR 1995-96 TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT." and in addition, directed the City Clerk to schedule a public hearing to be held on September 5, 1995 and to send copies of Resolution No. 6705 regarding the business improvement district boundary map, and assessment formula to each business to be assessed. (City Council) Defeasance Of 1983 Home Mortgage Revenue Bonds ($20,000,000) - Resolution No. 6695 - Adopted (330.30) - "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." The resolution EMS Page 11 - Council/Agency Minutes - 08/21/95 authorized the sale of the Mortgage Loans and approved the Loan Purchase Agreement and authorized execution of these documents. (City Council) Yorktown Avenue Widening Project - England Street To 350 Feet East Of Florida Street - Plans And Specifications - Call For Bids - CC-884 - Negative Declaration No. 93-4 - Approved (600.50) - Approved the following actions: (1) Approved Negative Declaration No. 93-4 for the Yorktown Avenue Widening Project CC-884, and (2) Approved project plans and specifications and authorized the Public Works Director to solicit bids for the Yorktown Avenue Widening Project, CC-884 pending site clearance at 704 Yorktown Avenue, and (3) Approved, subject to award of the contract to the lowest responsible bidder the sample contract contained in Attachment No. 2 to the Request for Council Action dated August 21, 1995. (City Council) Dissolution Of The 1984 Single Family Mortgage Housing Program - $20,000,000 Bond Issuance - Resolution No. 6704 - Adopted (330.30) - Adopted Resolution No. 6704 - "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." The resolution authorized the sale of the mortgage loans, approved the loan purchase agreement, and authorized execution of documents necessary to consummate the transactions. (City Council) 1995-1996 Tentative Budget - West Orange County Water Board - Approved (320.80) Approved the 1995-1996 Tentative West Orange County Water Board (WOCWB) budget in the amount of $175,000. Huntington Beach share is $93,000. Consent Calendar Items Considered And Voted On Separately (City Council) Lease Agreement Between City And Alice Gustafson - Alice's Breakfast In The Park - Approved (600.35) The City Council considered a communication from the Director of Administrative Services transmitting a proposed Lease Agreement between the city and Alice Gustafson for the Breakfast in the Park concession. Councilman Garofalo questioned the downturn of sales for this concession. The Community Services Director informed Councilman Garofalo that he would inquire of the lessee to answer the question. Councilman Garofalo spoke regarding the possibility of lowering the city's percentage relative to gross sales to give the concessionaire more incentive. He requested negotiations be 437 Page 12 - City Council/Redevelopment Agency Minutes - 08/21/95 conducted with the lessee to expand the operation even to the extent of considering a city loan as the returns of this operation are so good. On motion by Garofalo, second Green, Council approved the Lease Agreement between the city and Alice Gustafson dba "Alice's Breakfast in the Park" and authorized the Mayor and City Clerk to execute same on behalf of the city. The motion carried by unanimous vote. (City Council) Professional Services Contract For Construction Inspection Services For Public Improvements Construction By Holly-Seacliff Development - NBS Lowry Incorporated -Approved (600.10) The City Council considered a communication from the Public Works Director transmitting a Professional Services Contract for Construction Inspection Services between the city and NBS Lowry, Incorporated regarding public improvements constructed by the Holly-Seacliff Development. Earlier in the meeting the City Clerk announced the receipt from staff of a Revised Table of Contents to Professional Services Contract between the city and NBS Lowry, Incorporated, for Construction Inspection Services. Councilman Harman questioned the procedure for inspection fees and the City Engineer reported. The Mayor stated that he believed there was a special developer's fund for this project's infrastructure. The City Engineer stated that he was aware that the developer was placing funds in escrow for right-of-way acquisition but as far as the physical construction he is not certain. A motion was made by Harman, second Green, that Council appropriate funds in the amount of $40,000 for inspection services for public facilities being constructed as part of the Holly- Seacliff Development and approve and authorize execution of the Professional Services Contract with NBS Lowry to provide construction inspection services for public facilities as part of the Holly-Seacliff Development on a time and material basis not to exceed $40,000. The motion carried by the following roll call vote: Ayes: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green Noes: None Absent: (Garofalo out of the room) Page 13 - Council/Agency Minutes - 08/21/95 (City Council) Amendment To Fiscal Year 1994-1995 Budqet - Boys And Girls Club Of Huntington Valley Roller Hockey - McCallen Park - Approved (320.20) The City Council considered a communication from the Community Services Director regarding an amendment to the fiscal year 1994-1995 Budget for a portable roller hockey arena at McCallen Park. The Community Services Director reported on the manner of construction of a portable roller hockey arena and the city's efforts to have facilities for the sport. He stated park funds were only allowed for permanent facilities. On motion by Sullivan, second Green, Council approved an amendment to the fiscal year 1994-1995 Budget allocating $4,000 to the Boys and Girls Club of Huntington Valley for a portable roller hockey arena at McCallen Park. The motion carried by the following roll call vote: Ayes: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Noes: None Absent: None (City Council) Acceptance Of Springfield Property Trust Proceeds For Recreation And Parks Purposes - McCallen Park - Angus Oil Company - Approved As Amended (450.20) Earlier in the meeting the City Clerk announced a late communication from Councilman Garofalo transmitting a letter dated July 14, 1995 from John Carmichael regarding disposition of the Springfield Trust. The City Council considered a communication from the Community Services Director regarding city acceptance of Springfield Property Trust proceeds for recreation and parks purposes. Councilman Garofalo asked the Administrative Services Director how much money would be received and he was informed that the figure was $375,000. Councilman Garofalo read portions of a letter from Mr. Carmichael dated July 14, 1995 that had been announced earlier in the meeting by the City Clerk. Councilman Garofalo requested a committee be formed regarding the disposition of said funds. Community Services Director Hagan reported that the Boys and Girls Club was satisfied that $800,000 expended earlier on McCallen Park had been put up as front money. Dick Cook, representing the Girls and Boys Club, reported on their position regarding the Trust Funds stating that there are three park areas that might be better served out of those funds and also the Boys and Girls Club can still apply for a part of the $375,000. In response to Councilwoman Dettloff, Mr. Cook stated that they favored the funds going into the Parks Funds. Page 14 - City Council/Redevelopment Agency Minutes - 08/21/95 Councilman Green questioned the portion of the recommended action - "As partial reimbursement for construction of McCallen Park," and the Community Services Director stated that this wording should be removed from the recommended action. On motion by Dettloff, second Garofalo, Council approved the staff recommendation, as amended to read "Direct staff to accept the proceeds for the Springfield Property Trust for recreation and park purposes, and deposit these funds into the Park Acquisition and Development Fund." The motion carried by the following roll call vote: Ayes: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Noes: None Absent: None (City Council) Deferred Approval Of Police Specialist Position For Burglar Alarm Permit Processing To August 28, 1995 (700.10) The City Council considered a communication from the Police Chief recommending approval of the position of Police Specialist (Job Code 6656/Job Range 362) as assistant for the alarm office. In response to Councilman Sullivan's question, Chief Lowenberg stated that the employee is not a sworn officer. Councilman Sullivan stated that he did not wish to see another full time employee as he was concerned about hiring new employees who will have the Supplemental Retirement Benefit. Councilman Sullivan explained the benefit and spoke regarding the costs to the city and the $13,000,000 unfunded liability in future costs. He proposed to Council that this employee be a contract employee. A motion was made by Sullivan, second Garofalo, that the position be a contract employee. Councilman Harman asked if there was a possibility a volunteer could fill the need. The Police Chief responded regarding the responsibilities of the position. The City Administrator stated that he would like this matter deferred to August 28, 1995. On motion by Sullivan, second Garofalo, Council continued the decision regarding the position of Police Specialist as assistant for the alarm office to the August 28, 1995 Council meeting by unanimous vote. .4.40 Page 15 - Council/Agency Minutes - 08/21/95 (City Council) Assignment Of Easement - Storm Drain Improvements - Tract No. 14009 - Seacliff Partners - Ellis-Goldenwest Specific Plan Area - Continued to August 28 1995 (650.80) The City Council considered a communication from the Public Works Director regarding assignment of easement for storm drain improvements in Tract No. 14009 of the Ellis- Goldenwest Specific Plan Area and recommending execution of said easement from Seacliff Partners and recordation with the County Recorder. On motion by Sullivan, second Green, Council continued the assignment of easement for storm drain improvements in Tract No. 14009 of the Ellis-Goldenwest Specific Plan Area to the August 28, 1995 Council meeting by unanimous vote. (City Council) Adoption of 1995-1996 Tax Rate - $.04930 Per $100 Of Assessed Property - Resolution No. 6706 - Adopted (340.90) The City Council considered the agenda communication from Administrative Services Director Franz submitting Resolution No. 6706 setting the city's tax rate for fiscal year 1995-1996. Councilman Garofalo presented questions regarding the tax rate as it relates to employee retirement costs. Administrative Services Director Franz reported. Councilman Sullivan stated that he favored paying employees retirement, however, he does not believe it appropriate to be on the city's tax bill. Motion to Lower Tax Rate Levy - FAILED A motion was made by Sullivan to reduce the tax rate levy by 5% this year. The motion FAILED for lack of a second. (City Council) Ordinance No. 3267 - Adopted - Massage Licensing Regulations Earlier in the meeting the City Clerk announced the communication dated August 17, 1995 from Arlo Mark regarding Ordinance No. 3267 pertaining to massage licensing regulations. The City Council considered a communication from the Police Chief transmitting Ordinance No. 3267 for adoption by Council. Page 16 - City Council/Redevelopment Agency Minutes - 08/21/95 On motion by Leipzig, second Green, adopted Ordinance No. 3267 following a second reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 5.24 THEREOF RELATING TO MASSAGE LICENSING." The motion carried by the following roll call vote: Ayes: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Noes: None Absent: None Recess -Reconvene The Mayor called a recess of the City Council at 9:20 p.m. and reconvened the meeting at 9:30 p.m. (City Council) Professional Services Contract Between City And Rose And Kindel - Lobbying Services Related To Bolsa Chica Local Coastal Program And Waiver Of Professional Liability Insurance Requirements - Approved As Amended (600.10) The City Council considered a communication from the Community Development Director transmitting a contract with the firm of Rose and Kindel for consulting services related to the Bolsa Chica Local Coastal Program. The Community Development Director reported. She stated that the Coastal Commission hearing had been changed to the third week in November. Councilman Garofalo stated that he believed that while a waiver of professional liability insurance requirements may be all right in this contract, that waivers should not be automatically granted. Page 17 - Council/Agency Minutes - 08/21/95 Discussion held regarding the need to amend the Methodology Scope of Work portion of the proposed agreement. Amendments directed by Council are as follows: • Item 2. Create Message for the Coastal Commission - Amend to add - "Such message to be approved by the City Council Bolsa Chica Sub -Committee." Item 5. Correspond with Commissioners - Amend to add - "such correspondence to be approved by the City Council Bolsa Chica Sub -Committee." • Add Item 8. - "All correspondence created by Rose and Kindel will be distributed to all members of the City Council prior to dissemination." On motion by Dettloff, second Sullivan, Council approved as amended the Professional Services Contract between the city and Rose and Kindel for lobbying services related to the Bolsa Chica Local Coastal Program" for $25,000 and waived the professional liability insurance requirements. The motion carried by the following roll call vote: Ayes: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Noes: None Absent: None (City Council) Amendment No. 1 - Agreement - Strumwasser And Woocher - Legal Services - Special Counsel Regarding Righeimer vs City - Approved (600.10) The City Council considered a communication from the City Attorney transmitting Amendment No. 1 to the Agreement with Strumwasser and Woocher, special counsel in the successful defense of Righeimer v. city. The City Attorney reported. A motion was made by Bauer, second Dettloff, to approve Amendment No. 1 to the Agreement between the city and Strumwasser and Woocher for Legal Services for Righeimer v. City/Hutton and to appropriate $23,000 from the Unappropriated General Fund. The motion carried by the following roll call vote: Ayes: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Noes: None Absent: None Report From City Attorney Requested Regarding Campaign Ordinance On motion by Garofalo, second Leipzig, Council requested a written report from the City Attorney's Office so that Council can consider changing the campaign ordinance to be like the 4 43 Page 18 - City Council/Redevelopment Agency Minutes - 08/21/95 county ordinance and that the differences between the city ordinance and the county ordinance be highlighted as pertinent to this litigation. The motion carried unanimously. (City Council) Supplemental Amendment No. 1 To Agreement - George Dalton And Associates - McDonnell Douglas, et al - Approved As Amended - Denied Waiver Of Professional Liability Insurance (600.10) The City Council considered a communication from the City Attorney regarding an increase in funding for the contract with George Dalton and Associates for expanded services from $10,000 to $165,000. The City Attorney presented a staff report which included the issue of professional liability insurance. Discussion was held regarding the merits of requiring Professional Liability Insurance. On motion by Sullivan, second Green, Council approved the Supplemental Amendment No. 1 to Agreement dated March 14, 1995 by and between the city, a Municipal Corporation Hereinafter as the City and George Dalton and Associates, sole Proprietorship, Hereinafter as "Contractor"to assist with Huntington Beach v. McDonnell, et al and appropriated $165,000 from the Equipment Replacement Fund to cover legal fees and estimated 525,000 in discovery costs and with approval contingent on the provision of Professional Liability Insurance by George Dalton and Associates. The motion carried by the following roll call vote: Ayes: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Noes: None Absent: None (City Council) Selection Of Director Of Economic Development - David Biggs - Agreement Approved (600.10) The City Council considered a communication from the Personnel Director transmitting a proposed Employment Agreement between the city and David Biggs, subsequently called "Department Head." The City Administrator presented a staff report on Mr. Bigg's qualifications. He also reported on the provision for "at will" department heads. Report Requested Regarding Severance Pay Provisions In Department Head Agreements Councilman Garofalo stated that he believes the provision for 12 weeks severance pay may be excessive and requested that said provision be reviewed for future department heads. He stated that he would like to see a formula developed as is done in private enterprise. Page 19 - Council/Agency Minutes - 08/21/95 A motion was made by Garofalo, second Green, to approve the City Administrator's recommendation to appoint David Biggs as Economic Development Director and to approve and authorize execution by the City Administrator and the City Clerk of the Employment Agreement between the city and David Biggs. The motion carried by unanimous vote: Ayes: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Noes: None Absent: None (City Council) Introduction Of Ordinance No. 3298 - Approved As Amended - Composition, Duration Of Terms And Responsibilities Of Fourth Of July Executive Board - To Return As Emergency Ordinance (640.0) The City Council considered a communication from the Community Services Director proposing an amendment to Chapter 2.106 of the Huntington Beach Municipal Code pertaining to the Fourth Of July Executive Board. The City Clerk earlier in the meeting announced a communication from Thomas Bagshaw dated August 19, 1995 regarding the Fourth of July Executive Board item. The Community Services Director presented a staff report which included reasons for the proposed ordinance.amendment including Brown Act procedures to be met and audit requirements. Councilman Garofalo recommended an amendment to the ordinance to provide for members surviving the terms of the appointing Councilmembers. A motion was made by Green, second Dettloff, to approve introduction of Ordinance No. 3298, as amended, to provide that terms shall begin August 1 and terms shall expire July 31. Mayor Leipzig stated the importance of good fiscal controls and that he believed the existing structure for appointments could be left as is. He stated that he believed the standard procedure for the whole Council to appoint members rather than on a one to one basis is preferable. Request For Report Regarding Contract And Purchase Order Problems Councilman Sullivan stated that he would like to receive a report on what the contract and purchase order problems were a few years ago and what has been the tightening up process has been that is referred to in Mr. Hagan's presentation.. The motion made by Green, seconded by Dettloff, to adopt Ordinance No. 3298 following a reading by title, as amended - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH MW Page 20 - City Council/Redevelopment Agency Minutes - 08/21/95 The motion made by Green, seconded by Dettloff, to adopt Ordinance No. 3298 following a reading by title, as amended - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.106 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO THE FOURTH OF JULY EXECUTIVE BOARD. The motion carried by the following roll call vote: Ayes: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo Noes: Leipzig Absent: None Discussion was held regarding the need to appoint members and whether there was a conflict between the effective date of the ordinance and the appointment process. The City Attorney reported. It was determined that the ordinance would return as an emergency ordinance. Council concurred that appointments would be announced on August 28, 1995. (Redevelopment Agency) Acceptance Of Pacific View Avenue - Street Dedication Waterfront Hilton Hotel Pursuant To Waterfront Disposition And Development Agreement - Development Agreement - Robert Mayer - Determination Of Compensation To Be Negotiated - Item Deferred To August 28, 1995 (600.30) The Redevelopment Agency considered a communication from the Agency Legal Counsel transmitting a request to accept the Pacific View Avenue street dedication, Quitclaim deed only, pursuant to the relevant Disposition And Development Agreement and Development Agreement and regarding a Reciprocal Easement Agreement for fire lane access in connection with the Waterfront Hilton hotel. Earlier in the meeting the City Clerk announced a late communication from staff submitting a Revised Reciprocal Fire Lane Access Agreement. On motion by Sullivan, second Leipzig, the Redevelopment Agency continued consideration of the acceptance of Pacific View Avenue Street Dedication Waterfront Hilton Hotel pursuant to Waterfront Disposition and Development Agreement and Development Agreement with Robert Mayer to the August 28, 1995 meeting by unanimous vote. (City Council) Request Update On Status Of Blocks Within Downtown Specific Plan Designated Mixed Use - Report To Be Presented (120.90) The City Council considered the agenda communication submitted by Councilman Garofalo relative to the status of blocks within the Downtown Specific Plan designated mixed use on Page 21 - Council/Agency Minutes - 08/21/95 which his item reflects that these designations require the owner/developer to create commercial and residential uses combined in these areas. Specifically, concerns include: • Are these secondary uses (locations) suitable for commercial operations? • Are the parcels located in this area served by the Parking Structure? • Do these predominately 25 foot frontages accommodate commercial or residential uses? • Even with revisiting the use of "Eminent Domain" and therefore the potential for lot consolidation, should this present zoning be re-evaluated? The Community Development Director informed Council that a report would be forthcoming in the next two weeks. She stated that staff believes there are some changes that could be made to make the mixed use downtown more viable than it is in the current Downtown Specific Plan. (City Council) Request For Review Of Beach -Park Improvement District Advisory Vote - Council Committee Formed - Harman, Bauer, Garofalo - Appointed (350.30) The City Council considered the agenda communication submitted by Councilman Garofalo recommending the issue of the Beach -Park Improvement District requesting a review and recommending that the timing for the Beach -Park Improvement District Advisory Vote be moved from the current proposed Special Election in the Spring of 1996 to the General Election, November, 1996 and that a minimum two thirds vote of the electorate be received in order to have the City Council consider such action. Earlier in the meeting the City Clerk announced the communication dated August 19, 1995 from Chuck Beauregard, Chairman, "Save Our Kids" regarding the proposed Beach -Park Improvement District. Councilman Garofalo referred to the voter turn out figures obtained from the City Clerk showing that more voters turn out for General Elections than the primary elections. He stated that he believed Council should put issues such as taxes on a November ballot. He referred to figures from the last primary and general elections. Considerable discussion was held by Council on the issue. Councilman Harman stated that the Community Services Commission would be considering the issue in September. On motion by Sullivan, second Green, a Council committee was formed to deal with the issue of the proposed March 26, 1995 Special Municipal Election Advisory Vote on a Beach -Park Improvement District. Councilmembers Bauer, Harman and Garofalo were appointed to the committee. The motion carried unanimously. 4 7 Page 22 - City Council/Redevelopment Agency Minutes - 08/21/95 (City Council) Report Requested Regarding Waiver Of Insurance Requirements - Written Record Requested - League Of Cities To Be Surveyed Regarding Procedures (120.90) Mayor Leipzig requested a staff report regarding the waiver of insurance requirements by the city committee and also requested that a written record of same be kept. The Mayor requested staff to contact the League of California Cities for information as to procedures followed by other cities in this regard. (City Council) Creation Of City Council Committee To Oversee Preparation Of Closed School Site Reuse Plan - Dettloff, Sullivan, Leipzig - Appointed (120.25) The City Council considered a communication from Councilmember Sullivan regarding the creation of a City Council committee to oversee preparation of a closed school site reuse plan. On motion by Sullivan, second Green, Council appointed the following Council members to a Council Committee to oversee preparation of a closed school site reuse plan: Councilmembers Dettloff, Sullivan, and Mayor Leipzig were appointed to the committee. The motion carried unanimously. Adjournment - City Council/Redevelopment Agency The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, August 28, 1995 at 5:00 p.m. Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk no$ 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 I;ef ;1- 7 Mayor/Chairman