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HomeMy WebLinkAbout1995-09-18MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 6:30 P.M. - Council Chamber Huntington Beach, California Monday, September 18, 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 at 5:05 p.m. to consider the following closed session items: 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 Firefighters Association, and Surf City Lifesaving Employees' Association. (120.80) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.9(c) to confer with its 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 Coultrup; and pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, Ray Silver and/or Stephen Kohler, regarding negotiations with Jon Coultrup concerning the Coultrup Disposition and Development Agreement. Instruction will concern: price and terms of payment. (400.50) Page 2 - City Council/Redevelopment Agency Minutes - 09/18195 Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City of Huntington Beach v. Merrill Lynch Pierce Fenner and Smith, Incorporated et al. United States District Court Case No. SACV95-189 LHM(EEX). (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is regarding the Orange County; U. S. Bankruptcy Court Case No. SA 94-22272 JR Administratively Consolidated with Case No. SA-94-22273 JR; Joint Agreement of the County of Orange, the Official Investment Pool Participants' Committee and Each Option A Pool Participant for Resolution of All Claims Against the County of Orange. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is regarding Orange County; U. S. Bankruptcy Court Case No. SA 94-22272 JR Administratively Consolidated with Case No. SA-94-22273 JR; Orange County Bankruptcy Case. (120.80) Closed Session - Redevelopment Agency 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 Agency is a party. The title of the litigation is Department of Economic Development v. Wells Fargo U. S. District Court Case No. 73 71 17. (400.50) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attomey 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, et al. Orange County Superior Court Case No. 73 39 49. (400,50) Closed Session - City Council pursuant to Government Code 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 Lewis Jorge Construction Management v. City Orange County Superior Court Case No. 73 83 87. (120.80) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:40 p.m. in the Council Chambers. BE Page 3 - Council/Agency Minutes - 09/18/95 City Council/Redevelopment Agency Roll Call Present: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Absent: None Pledge of Allegiance The Pledge of Allegiance was led by the Mayor. Late Communications Announced By The City 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: A communication from the Community Development of a slide report from Mike Strange, Senior Planner, regarding Code Amendment No. 95-1 the Revised Residential Infill Ordinance Information from Councilman Bauer pertaining to the "Safe Streets Now Program" A communication from the Administration Development of a slide report regarding the 1995-96 Budget Summary Public Comments Donald Wahner addressed Council regarding the agenda item pertaining to the Corsican Flood Channel. He requested Council select Option B but considers it to be a band -aid solution. He urged Council to approve the pump station as recommended by the Public Works Director. He stated that the neighborhood might consider paying a portion as an assessment which was mentioned by the city but that they also believed their taxes should cover the cost. Mimi Des Forges addressed Council regarding the agenda item pertaining to the Corsican Flood Channel. She urged Council to approve Option B. However she believes that Council should meet with the Public Works Department to consider other options. She stated that the rainy season was coming with attendant problems and that just a moderate amount of rain causes a problem. Helmut Platzer spoke stated that he had suffered extensive damage in the flood of the Corsican area and would like Option B approved by Council. He also requested more improvements to the area. Bob Traver urged Council approval of the Coultrup Project in the downtown area as he believed it will set back Huntington Beach five or ten years if the project does not go forward. Page 4 - City Council/Redevelopment Agency Minutes - 09/18/95 Barry Ellerbroek, Chamber of Commerce representative and downtown business owner, spoke in support of the numerous small business owners who have invested in the Coultrup Project. Michael Haskin stated that Mr. Coultrup had answered all of Mr. Uberuaga's questions during the early portion of this meeting. John Coultrup stated that the Council received a letter in the Council packet from the owner's attorney stating they were all together in support of the project. He stated that Steve Daniels will be present at the next meeting to submit the support of the Downtown Business Owners Association. Diane Easterling expressed appreciation to Councilman Bauer for placing the item on the agenda regarding the recommendation to improve the appearance of the downtown area. She stated that language should be added regarding the sale or giving away of stickers in the downtown area and to include all events planned in the beach area and other large events. Mike Roberts spoke in support of Council approval of the Coultrup Project as he stated the project is a win -win project. Mort Shea urged the Council to take a strong look at salaries of all city employees as Orange County Chief Executive Officer Mittemier was going to look at the salaries of all Orange County employees. He stated he was a retired Los Angeles Police Officer and spoke regarding their method of officer deployment. Everett Goldner, Edison High School senior, addressed Council in opposition to what he believed were religious meetings being held on school time. Mr. Goldner was advised by the Mayor that the School Board had jurisdiction over these matters. Bob Winchell spoke in support of outdoor dining, however he requested the Council to reconsider, deny or delay the project approved at the last meeting that will replace four downtown parking spaces with outdoor dining until a proper process can be set up. He spoke regarding the shortage in downtown parking spaces and that he believed the recommended Council action on the agenda would exacerbate the problem. Councilman Sullivan referred to a letter from Huntington Beach Tomorrow regarding the subject. Mark Porter, Huntington Beach Tomorrow President, spoke regarding the letter from Huntington Beach Tomorrow dated September 17, 1995 that he had distributed to Council. He spoke regarding issues such as lost parking meter spaces and revenue, need for a financial analysis, prior debt owed to the city, proper planning and protection for business owners and taxpayers. He urged reconsideration of the project. Councilman Garofalo questioned whether Huntington Beach Tomorrow would like a vote of the people for the construction of water facilities and discussion was held. 491 Page 5 - Council/Agency Minutes - 09/18/95 Councilman Sullivan stated that he believed Huntington Beach Tomorrow makes good points in the letter and presented questions of the Community Development Director regarding the process that the applicant must go through including a lien agreement with the city. He stated that he believed the applicants outstanding debt to the city should be paid. Roy Richardson thanked Councilman Bauer for the agenda item regarding downtown cleanliness. He stated that it took two years to obtain a city ordinance for drug free zones. Mr. Richardson stated that he did not believe the incorrect data regarding employees had been adequately address by the City Administrator and cited instances. (City Council) City Administrator's Report - City Employee Compensation and Benefits (720.10) The City Administrator reported regarding meetings he and the Mayor had with city employee groups in the last week. He stated that the employees felt that information presented in Council meetings was not accurate and they wanted the facts reported. He stated that the Mayor and Mayor Pro Tern need to meet with the Finance Board to look at overall employee compensation. (City Council) City Administrator's Report - Status Report - Orange County Bankruptcy - Settlement Agreement The City Administrator presented a status report regarding the Orange County Bankruptcy and Settlement Agreement. (City Council) Public Hearing - Continued Open From September 5, 1995 - 1995/96 Budget - Increase In Water Basic Rate Charge And Usage Rates - Resolution Nos. 6712 and 6713 - Ordinance No. 3302 (320.20) The Mayor announced that this was the meeting set for a public hearing continued open from September 5, 1995 to consider the fiscal year 1995/96 Budget and to consider increasing the water basic rate charge and usage rates charged by the city's Water Department. The proposed budget for fiscal year 1995196 totals $190,836,499 including General Fund Expenditures proposed at $95,947,500. 491 Page 6 - City Council/Redevelopment Agency Minutes - 09/18/95 Revisions to Water Department rates are required to institute a program of deferred maintenance and provide sufficient additional revenue to fund the increased cost of water purchased by the City for delivery to the public. The Water Department is required by ordinance to maintain a balanced budget. Rates have not been revised since 1991. The additional revenue for fiscal year 1995/96 is estimated to be $2,500,000. Consideration will also be given to a second, proposed rate increase to fund Water Capital Improvement Projects as identified in the Water Master Plan. It is estimated that $3,790,000 in additional revenue will be received in fiscal year 1995/96 and will be used exclusively for Master Plan Capital Improvements he City Administrator presented a slide report. He stated that the state has taken money from the city causing the city budget problems together with the bankruptcy and recession. The Mayor declared the public hearing open. Late Communications Announced Earlier In The Meeting By The City Clerk. A communication from the Administration Development of a slide report regarding the 1995-96 Budget Summary Tom Logan spoke in opposition to the proposed Water Master Plan and proposed reservoir system. He spoke in support of digging more wells and installing additional pumping stations. He read from a Los Angeles Time newspaper article regarding construction budget overruns in the Castaic area. He stated his difference of opinion with the presentation by Boyle Engineering at the last Council meeting regarding earthquake effects on water wells. Mr. Logan informed Council he believed the plan was a complete boondoggle and needs to be modified. Bob Winchell, Water Task Force member, spoke in support of the proposed Water Master Plan, the Capital Investment Project and water rate fee increases due to rising costs. Mike Baumgartner, Marine Safety Officers Association representative, spoke regarding the responsibility of providing safety for 7,000,000 people who visit the beach annually. He stated that safety is jeopardized when employees have to work their days off, that Marine Safety Personnel are being removed from the budget while more people are encouraged to come to the beach, new restaurants, extending Seapoint Drive to Pacific Coast Highway, reduction of parking fees after 5 p.m., increasing number of special events, continuing to allow overnight camping in the beach parking lot. He spoke regarding Marine Safety Budget cuts and Police and Fire Department personnel being called to respond to Marine Safety emergencies. He stated that these safety problems would be eliminated by a Marine Safety Call Out System, funding the two vacant Marine Safety positions, and by unfreezing and filling the vacant Lieutenant position. Tom Has spoke regarding the Preliminary Budget Page 473 regarding the elimination of two painters and the hiring of one Office Specialist. He suggested the elimination of the Office Specialist and the retention of one painter. 492 Page 7 - CouncillAgency Minutes - 09/18/95 William Ogden, Fire Department Captain and Huntington Beach Firefighters Association President, spoke of the Association concerns regarding Fire Department Budget cuts and manpower reductions. He listed ways the Association has been sensitive to and supported the city's budgetary problems. He spoke in opposition to the elimination of three firefighter positions in the proposed budget. He stated that Fire Department staffing is 40% lower than national standards. Captain Ogden stated that firemen safety will be compromised on the loss to the joint powers of the City of Westminster will make calls to the northern area of the city more frequent. Anne White, Trinidad Island Homeowners Association Board member and Huntington Harbour Property Owners Association member, spoke in support of good street sweeping in order not to pollute the waterways. She spoke in opposition to independent funding for continued street sweeping. She spoke regarding a petition presented to the Public Works Department and requested Council support. Gerald Urner spoke in support of continuing the street sweeping program and requested Council to re-examine the budget to determine if funds can be found. He spoke in opposition to the lack of dredging of storm drains. Mark Porter spoke in support of the increase in the water delivery and supply system. He spoke in support of water saving devices, Project Green Acres, desalination, fire suppression using swimming pool water, flood control channels and salt water. He spoke regarding the proposed reservoir needing further study. 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. The City Administrator presented a staff report using slides regarding a summary of reduction in full-time positions in the General Fund. The Community Development Director presented a staff report regarding funding of frozen Marine Safety positions. Considerable discussion was held by Council and staff regarding increase in water rates, replacement of old equipment, Marine Safety staffing, reduction in city services, expansion of economic base, and water conservation. The Fire Chief addressed fire suppression methods mentioned during public comments. The Public Works Director reported regarding gray water, reclaimed water, Green Acres and the cost of water treatment. Councilman Sullivan spoke regarding money taken from the Water Fund for the pier and other projects. Deputy City Administrator Franz reported 493 Page 8 - City Council/Redevelopment Agency Minutes - 09118/95 Motion To Increase Water Service Charges For The Bolsa Chica Area - FAILED A motion was made by Harman, seconded by Sullivan, to insert on Page 19 of Resolution No. 6713 and Page 20 of Ordinance No. 3302 the following language: "Be it further resolved that the Capital Facilities Charge for providing service to any premises located outside the boundaries of the City of Huntington Beach shall by increased by a multiple of ten for meter sizes three quarter inch to two inch inclusive exempting Surfside, Sunset Beach and Seal Beach." In response to Councilman Green, the Public Works Director reported regarding water resources for the proposed Bolsa Chica development. The City Attorney spoke regarding water rate discrimination against property owners outside the city. The motion FAILED by the following roll call vote: AYES: Harman, Bauer, Sullivan NOES: Leipzig, Dettloff, Green, Garofalo ABSENT: None Motion To Adopt Resolution No. 6712 - Approved A motion was made by Dettloff, seconded by Green, to adopt Resolution No. 6712 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADJUSTING WATER RATES RELATING TO SECTION 14.12.040 OF THE HUNTINGTON BEACH MUNICIPAL CODE." Increases water rates for operating and deferred maintenance oasts effective December 1, 1995. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None Motion To Adopt Resolution No. 6713 And Approve Introduction Of Ordinance No. 3302 - Approved A motion was made by Dettloff, seconded by Green, to: Adopt Resolution No. 6713 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE CAPITAL FACILITIES CHARGE AND THE CAPITAL SURCHARGE UNDER THE HUNTINGTON BEACH WATER MASTER PLAN." Establishes Capital Facilities charges and a Capital Surcharge of $3 per month for Capital Improvement Master Plan Implementation effective December 1, 1995, and F • VA Page 9 - Council/Agency Minutes - 09/18/95 Approve introduction of Ordinance No. 3302 after reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 14.12 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 14.12.010 AND 14.12.040." Authorizes the establishment of a Capital Facilities charge. The motion carried by the following roll call vote: AYES: Harman, Bauer, Leipzig, Dettloff, Green NOES: Sullivan, Garofalo ABSENT: None Motion To Adopt Resolution No. 6714 - Approved A motion was made by Dettloff, seconded by Green, to adopt Resolution No. 6714 as amended to maintain Marine Safety Officers unfunded positions in the budget - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A BUDGET FOR THE CITY FOR FISCAL YEAR 1995195.0 Approves the City Budget for 1995/96 including the "Addendum" to the proposed budget. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Harman ABSENT: None Motions To Adioum Meeting -_FAILED A motion was made by Garofalo, seconded by Green to adjourn the meeting. The motion FAILED by the following roll call vote: AYES: Green, Garofalo NOES: Harman, Bauer, Sullivan, Leipzig, Dettloff ABSENT: None A motion was made by Garofalo, seconded by Green, to extend the meeting to 12:30 a.m. The motion FAILED by the following roll call vote: AYES: Green, Garofalo, Leipzig NOES: Harman, Bauer, Sullivan, Dettloff ABSENT: None 495 Page 10 - City Council/Redevelopment Agency Minutes - 09/18/95 Motion To Continue Council/Agency Meeting Past 11:00 p.m. - Approved A motion was made by Bauer; seconded by Harman, to continue the Council/Agency meeting. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green NOES: Garofalo ABSENT: None Recess- Reconvene The Mayor recessed the City Council and Redevelopment Agency meeting at 11:15 p.m. The meeting was reconvened at 11:30 p.m. in the Council Chambers. (City Council) Public Hearing - Continued Open From March 6, 1995 -Appeal By Former Couneilmember Jim Silva Of Plannina Commission's Denial Of Special Sign Permit No. 93-11 - 17422-17438 Beach Boulevard - East Of Beach - North Of Slater - Continued Open To March 18, 199$ (420.35) The Mayor announced that this was the meeting set for a public hearing continued open from March 6, 1995 to consider the following appeal: Application Number: Appeal of Special Sign Permit No. 93-11 Applicant: J. Scott Fawcett Appellant: Former Councilmember Jim Silva Location: 17422-17438 Beach Blvd. East side of Beach Boulevard approximately 200 feet north of Slater Avenue. Zone: C4 (Highway Commercial) Request: Appeal of Planning Commission's denial to retain two 15 feet high non -conforming freestanding pole signs in lieu of compliance with Limited Sign No. 91-9 which required the removal of the two signs by September 17, I993. Environmental Status: Categorically exempt pursuant to Section 15301 of Section 15301, Class 1 of the California Environmental Quality Act. Coastal Zone: Not applicable 493 Page 11 - Council/Agency Minutes - 09/18/95 A motion was made by Harman, seconded by Sullivan, to continue the public hearing open and re -advertise the public hearing on Special Sign Permit No. 93-11 to the City Council meeting of March 18, 1996. The motion carried by unanimous vote. (City Council) Public Hearing - Continued Open From April 3, 1995 - Appeal Of Special Sign Permit No. 93-13 By Former Councilmember Earle Robitaille - Superior Electrical Advertising, incorporated - Brookhurst Street And Adams Avenue - Continued Open To March 18, 1996 (420.35) ^ The Mayor announced that this was the meeting set for a public hearing continued open from April 3, 1995 to consider the following appeal: Application Number: Special Sign Permit No. 93-13 Applicant: Superior Electrical Advertising, Incorporated Appellant: Former Councilmember Earle Robitaille Location: Northwest corner of Brookhurst Street and Adams Avenue (Mervyn's Shopping Center) Reguest: To permit an existing non -conforming 45 foot high, 624 square foot freestanding double pole sign to remain at the northwest corner of Brookhurst and Adams and to allow a 140 square foot sign face change identifying Cudini and Lucas Jewelers in lieu of a maximum 15 foot high, 70 square foot sign allowed by the Huntington Beach Ordinance Code. Environmental Status: This project is categorically exempt pursuant to Class 15, Section 15315 of the California Environmental Quality Act. A motion was made by Harman, seconded by Sullivan, to continue the public hearing open and re -advertise the public hearing on Special Sign Permit No. 93-13 to the City Council meeting of March 18, 1996. The motion carried by unanimous vote. (City Council) Public Hearing- Approved Introduction Of Ordinance No._33011 As Amended- Code Amendment No. 95-1 - Revisions To The Existing Residential Infill Lot Development Ordinance (640.10) The Mayor announced that this was the meeting set for a public hearing continued open from April 3, 1995 to consider the following: Applicant: City of Huntington Beach 497 Page 12 - City Council/Redevelopment Agency Minutes - 09118/95 Request: To permit revisions to Section 230.22 of the Zoning and Subdivision Ordinance pertaining to residential infill lot development standards. The proposed revisions to the ordinance are in the following areas: general provisions, noise standards, privacy and design standards, pad height requirements, and public notification requirements. Location: City-wide The major amendments to the Residential Infill Lot Ordinance are within the following areas: • 230.22, Residential Infill Lot Developments • 230.22 A, Privacy Standards • 230.22 B, Noise Considerations • 230.22 C, Pad Height • 230.22 D, Public Notification Requirements The Community Development Director presented a staff report. Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. The Mayor declared the public hearing open. John Roe, Huntington Seacliff Homeowners Association representative and a member of the Infill Committee, and stated that he was speaking on behalf of Jeffrey Metzel and Jay Fowler, members of the Infill Committee who were unable to attend. He spoke in support of an appeal process and expansion of the definition of what constitutes an infill development. He stated that staff did not include the final draft ordinance that the committee put together in the agenda packet. He stated that the Planning Commission did not support the appeal process in the draft ordinance. He referred to a letter from Mr. Metzel regarding other issues relative to the procedure for the public notice. 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. At the request of Councilwoman Dettloff, the Development Director report on issues raised by Mr. Roe. The Community Development Director read from the City Attorney opinion regarding the feasibility of an appeal process. Councilman Sullivan spoke regarding the need for an appeal process and a notification procedure. nAW Page 13 - Council/Agency Minutes - 09118/95 A motion was made by Dettloff, seconded by Sullivan to approve Code Amendment No. 95-1 with findings as follows; approve introduction as amended, after the City Clerk reads by title of Ordinance No. 3301 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 230 OF THE HUNTINGTON BEACH ORDINANCE CODE PERTAINING TO RESIDENTIAL INFILL LOT DEVELOPMENTS."; take the recommendation for the committee to expanded the definition; and include those comments made by the Chair of the Infill Committee regarding location height and the copies of the letters regarding information that should be a part of the letter to the residents recommended by Mr. Metzel. The City Clerk clarified the motion. Definition Of Infill Lot - Page 3 - Request For Council Action Dated September 18,_1995 "A residential infill lot is a parcel of land which, at the time of application for a building permit, is contiguous to one (1) or more existing developed single-family residential properties and is: 1. A vacant parcel intended for detached single-family development, or 2. A parcel with an existing residential structure which will have fifty percent (50%) or more square footage of the habitable are removed in order to construct a remodeled or new detached single-family dwelling unit." Findings For Approval - Code Amendment No. 95-1 - Page 8 - Request For Council Action Dated September 18, 1995 1. Code Amendment No. 95-1 creates revised standards for the orderly development of residential infill lots, including privacy standards, noise considerations and pad height requirements. 2. Code Amendment No. 95-1 is consistent with the goals and policies contained in the City's General Plan by complying with the following policies of the Housing Element. a. Encourage compatible design to minimize the impact of intensified reuse of residential land on existing residential development b. Encourage preservation of the existing Low Density Residential character in established single family neighborhoods. An amendment to the motion was made by Leipzig, accepted by Dettloff, to include "entirely single story construction" as an exception to the definition. The amended motion carried by unanimous vote. 499 Page 14 - City Council/Redevelopment Agency Minutes - 09118/95 Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Dettloff} bid rejection for 17th Street storm drain; (Sullivan) bid award for City Gym and Pool renovation; (Garofalo) lease agreement - "Beach Hut' Beach Concession, Police Specialist Position for Burglar Alarm Permit Processing, (Harman) Resolution supporting the League of California Cities' regarding Sales Tax Redistribution. Consent Calendar - Items Approved On motion by Bauer, 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) Bid Award - De La Cruz Construction, Incorporated - Modification of Three Traffic Signals - CC-879 - Edinger Street and Edwards Street - Hamilton Avenue and Brookhurst Street - Edinger Avenue and Sher Lane - Approved (600.55) - Accepted the low bid in the amount of $70,075 submitted by De La Cruz Construction, Incorporated for the Modification of Three Traffic Signals to add left turn arrows to Edinger Avenue at Edwards Street and revise left turn operations on Edwards Street at Edinger Avenue, revise left turn operations on Hamilton Avenue at Brookhurst Street and re -wire the traffic signal on Edinger Avenue at Sher Lane; and authorized the Public Works Director to expend a total of $115,083 which includes the contract cost of $70,075, estimated construction change orders $7,008, and $38,000 in anticipated supplemental expenditures. (City Council) Appointment - Citizens Advisory Board (CAB) - Dawn Stanton - Approved (110.20) - Appointed one new member to the Citizens Advisory Board, Dawn Stanton, to a term expiring ,dune 30, 1999. (City Council) Mobile Home Review Committee Appointment - Donald A. Caldwell - Approved (110.20) - Appointed Donald A. Caldwell a resident of the city and Mobile Home Owner, as a permanent member to the Mobile Home Review Committee. (City Council) Adopted Resolution No. 6710 - Tax and Revenue Anticipation Notes (TRAN) - Fiscal Year 1995196 (330.70) - Adopted Resolution No. 6710 - "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE BORROWING OF MONEYS FOR FISCAL YEAR 1995/1996 AND THE ISSUANCE AND SALE 500 Page 15 - CouncillAgency Minutes - 09/18195 OF 1995 TAX AND REVENUE ANTICIPATION NOTES THEREFOR." The resolution authorized the issuance of Tax and Revenue Anticipation Notes, approved and authorized the City Clerk to execute the attached Notice of Intention and Official Notice of Sale for the Tax and Revenue Anticipation Notes, and approved the Amendment of the 1995/96 Budget to reflect additional costs of $455,000 and additional estimated revenue of $495,000 due to changes in interest rate assumptions and a larger TRAN issue than anticipated. (City Council) Notice of Completion - Nora Gibbs Park - Allied Sprinkler Company - CC- 882 - Approved (600.65) - Accepted the improvements and authorized the City Clerk to file the Notice of Completion for Norma Gibbs Park; CC-882. (City Council) All Bids Reiected - Storm Drain -17th Street Phase A - CC-845 - Approved (600.60) The City Council considered the agenda communication from the Public Works Director regarding the rejection of all bids for the 17th Street, Phase 1A Storm Drain Project, CC-845. The Public Works Director will come back to Council when funds are available. A motion was made by Dettloff, seconded by Leipzig, to reject all three bids received July 19, 1995 for the 17th Street, Phase 1A Storm Drain Project, CC-845 and direct the City Clerk to inform the City Treasurer to return all bid bonds. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Garofalo NOES: None ABSENT: (Green out of room) (City Council Bid Award - City Gym and Pool Renovation - Phase One - DTEC Construction Incorporated - CC-902 - Approved (600.80) The City Council considered the agenda communication from the Acting Economic Development Director, Community Services Director and Public Works Director regarding the City Gym and Pool renovation, Phase One, CC-902, and authorization to award a construction contract. Councilman Sullivan stated that he would like to see attached to the Request for Council action a statement as to whether the contractor had done good work in this city or other cities. 501 Page 16 - City Council/Redevelopment Agency Minutes - 09/18/95 A motion was made by Sullivan, seconded by Leipzig, to accept the low bid submitted by DTEC Construction, Incorporated, and authorize the Mayor and City Clerk to execute the contract for the City Gym and Pool Renovation Project, CC-902; for a total bid amount of $435,966.00; and authorize the Public Works Department to expend a total of $575,000.00 to cover the contract amount of $435,966.00, estimated construction change orders of $84.034.00 and supplemental expenditures of $55,000,00. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Garofalo NOES: None ABSENT: (Green out of room) (Cit� Council) Lease Agreement - "Beach Hut" Beach Concession - Roy and Beth McClymonds - Approved (600.35) The City Council considered the agenda communication from the Deputy City Administrator Administrative Services regarding the Beach Hunt beach concession. Councilman Garofalo presented questions regarding provisions of the contract regarding percentages. Deputy City Administrator Franz reported. Councilman Sullivan stated that audits should be performed on all concessions. The Community Services Director reported. A motion was made by Sullivan, seconded by Dettloff, to approve and authorize the Mayor and City Clerk to execute the Lease Agreement between the city and Roy C. McClymonds and Beth A. McClymonds dba "Beach Hut' Beach Concession for a term of five years, with three five-year options if mutually agreed by the concessionaire and the City Council. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff NOES: None ABSENT: (Green, Garofalo out of room) (City Council) Continued from August 28, 1995 -Approval of Police SpecialistPosition for Burglar Alarm Permit Processin - Deferred To September 25 1995 (700.10) The City Council considered the agenda communication from the Police Chief regarding the employment of a Police Specialist for burglar alarm permit processing. Page 17 - Council/Agency Minutes - 09/18/95 The decision regarding the position of Police Specialist, Job Code 6656/Job Range 362, as assistant for the Police Department alarm office to was deferred to September 25, 1995 by general consensus of the Council. (City Council) Resolution No. 6711 Adopted - Supporting The League Of California Cities' Resolution On Sales Tax Redistribution - Approved (120.70) The City Council considered the agenda communication from Deputy City Administrator Barnard regarding the sales tax redistribution. Council Harman spoke regarding the importance of this item and that the Council Legislative Committee was taking the lead in Orange County. A motion was made by Harman, seconded by Dettloff, to adopt Resolution No. 6711 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE LEAGUE OF CALIFORNIA CITIES' RESOLUTION ON SALES TAX REDISTRIBUTION TO INCREASE THE AMOUNT RECEIVED BY CITIES TO 2%." The motion carried by the following roll call -vote;, AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff NOES: None ABSENT: (Green, Garofalo out of room) (Redevelopment Agency) Koller and Guarano - Purchase And Sale A reement - Litigation Settlement Acireement And Release - Approved Mayor Leipzig requested a report from the City Attorney on the Closed Session item regarding the Koller and Guarano issue. The City Attorney reported on Council action taken during the Closed Session held earlier in the meeting regarding the litigation Redevelopment Agency v. Koller, et al. Orange County Superior Court Case No. 73 39 49. A motion was made by Bauer, seconded by Sullivan, for the Redevelopment Agency to approve the Purchase and Sale Agreement and Litigation Settlement Agreement and Release by and between the Redevelopment Agency and Koller/Guarano et al and approved the agreement of settlement and Mutual General Release by and between the Redevelopment Agency and Koller and Guarano; and authorized Agency staff to open escrow as described in the agreement and appropriate Redevelopment Agency funds in the amount of $1,900,000 to purchase the site. The motion carried by the following roll call vote: AYES: Harman, Bauer, Leipzig, Dettloff, Green, Garofalo NOES: Sullivan ABSENT: None 503 Page 18 - City Council/Redevelopment Agency Minutes - 09118/95 (City Council Huntington Beach Art Center Five Year Financial Forecast - Revised Art Center Budget for 1995196 - Proposal to Develop Memorandum of Understanding with Art Center Foundation -Amended To Include Quarterly Financial Report -Approved (265.10) The City Council considered the agenda communication from the Community Services Director transmitting a report on alternative staffing and funding methods for the Huntington Beach Art Center. Councilman Green spoke regarding the city General Fund still being a safety net for the cost of operating the Art Center if Foundation fund-raising efforts and revenue projections of the Art Center fail to materialize. He requested a quarterly financial report. The Community Services Director reported. Councilman Sullivan requested clarification regarding full time status as opposed to 3/4 time status. The Community Services Director reported. �e�ftra Motion To Continue Art Center Budget T 25 1995 - FAILED A motion was made by Sullivan, seconded by Green, to continue the Art Center Budget and proposal to develop a Memorandum of Understanding with Art Center Foundation to 4Q,f4grnbarAu" 25, 1995. The motion FAILED by the following roll calf vote: AYES: Sullivan, Leipzig, Garofalo NOES: Harman, Bauer, Dettloff, Green ABSENT; None Considerable discussion was held by Council and staff. Motion To Approve 1995196 Revised Art Center Fund Budget - Staff Directed To Meet With Art Center Foundation And To Develop A Memorandum Of Understanding A motion was made by Garofalo, seconded by Harman, to: 1. Approve the revised art center fund budget for 1995/96 as presented herein and direct staff to amend the 1995/96 budget proposal accordingly, and 2. Direct staff to meet with the Art Center Foundation to request an increase and fixed contribution for the Art Center Fund for 1995/96, and 3. Direct staff to develop a Memorandum of Understanding with the Art Center Foundation for Council approval that would outline the long term obligations for all parties involved and develop a method that would lead to the development of a non-profit corporation for the operation of the Art Center. 504 Page 19 - Council/Agency Minutes - 09/18/95 The motion carried by the following roll call vote: AYES: Harman, Bauer, Leipzig, Dettloff, Green, Garofalo NOES: Sullivan ABSENT: None (City Council) Bid Award - Gillespie Construction - Emergency Repair Of Corsican Flood Control Channel - "O tion B" Re air Channel Lining And Construct 530 Foot Two Foot High Flood Wail As Amended - Emeraency Repair Of Slater Flood Control Channel - Emergency Repair Of Prince Park Bulkhead - Trinidad Island - Huntington Harbour - CC- 1021 - ReAlacement Of Banning Flood Control Station Storm Water Pump As Amended - Staff Directed To Apply For Federal Emergency Management Agency Funding ; Approved (600,95) - - The City Council considered the agenda communication from the Public Works Director stating that portions of the city's Corsican and Slater Flood Control Channels were severely damaged during a January storm. The Prince Park Bulkhead was damaged in last winter's storms. During a routine inspection of Pumping Unit No. 1 at the Banning Flood Control Station, maintenance staff discovered extensive deterioration to the pump. The extent of damage dictates the replacement of the complete unit, which must be replaced before the rainy season. The four projects are in immediate need of repair to protect existing structures and residents. The Public Works Director report on the projects. Considerable discussion was held by Council and the Public Works Director. Councilman Sullivan suggested that the City Administrator make a personal call to Congressman Rohrabacher requesting his assistance in attaining FEMA funding. The City Attorney clarified her office's legal opinion which stated the city has the responsibility to maintain the property. Council directed staff to take all steps to obtain reimbursement from the Federal Emergency Management Agency for the emergency repair of the Prince Park Bulkhead on Trinidad island in Huntington Harbour. A motion was made by Leipzig, seconded by Sullivan, to approve the following: Option "B" - Repair Channel Lining And Construct A 530 Foot, 2 Foot High Flood Wall - ApAroved - Gillespie Construction - Bid Award (600.95) 1. Accept the low bid in the amount of $44,734 submitted by Gillespie Construction and award a contract (purchase order) with Gillespie Construction to make emergency repairs to the concrete channel lining and construct 530 foot, 2 foot high flood wall, and 505 Page 20 - City Council/Redevelopment Agency Minutes - 09/18/95 2. Authorize staff to appropriate $53,944 from the unreserved, unexpended fiscal year 1994- 95 salary savings fund balance to cover the cost of construction and supplemental expenses, and 3. Authorize the Public Works Director to expend $53,944 to cover contract cost of $44,734, estimated construction change orders cost of $6,710, and anticipated supplemental expenses of $2,500. Emergency Repair - Slater Flood Control Channel Gillespie Construction Bid Award - Approved (600.95) 1. Accept the bid in the amount of $19,135 and award the emergency repair contract (purchase order) to Gillespie Construction for repairing the Slater Channel wall, and 2. Authorize staff to appropriate $24,505 from the unreserved, undesignated General Fund balance to cover the cost of construction and supplemental expenses, and 3. Authorize the Public Works Director to expend $24,505 to cover contract cost of $19,135, estimated construction change order cost of $2,870, and anticipated supplemental expenses of $2,500. Emergency Repair Of Prince Park Bulkhead - Trinidad Island - Huntington Harbour - CC- 1021 - A roved (320.45) 1. Authorize the transfer of $120,000 of unappropriated undesignated General Funds to the Prince Park Bulkhead emergency repair account; and 2. Authorize the Public Works Director to expend a maximum of $120,000 to cover estimated contract costs of $98,000, construction change orders of $14,700, and supplemental expenses of $7,300, for the Prince Park Bulkhead Emergency Repair; Cash Contract 1021. Replacement Of Banning Flood Control Station Storm Water Pump - Approved (320.20) 1. Approve the transfer of $75,000 from the unappropriated Equipment Replacement Fund into an "Emergency Pump Repair" account for fiscal year 1995/96, and 2. Authorize the Public Works Director to solicit quotations and purchase on an emergency basis a new pumping unit estimated to cost $75,000. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: Bauer ABSENT: None 506 Page 21 - Council/Agency Minutes - 09/18/95 (Redevelopment Agency) Agreement - Kane Ballmer And Berkman Contract - Redevelopment Agency Legal Services - Continued To August fi 1995 (600,30) The City Council considered the agenda communication from the City Attorney requesting approval of a one-year contract with Kane, Ballmer and Berkman for Redevelopment Agency legal services. A motion was made by Green, seconded by Sullivan, to continue the Agreement between the Redevelopment Agency of the city and Kane, Ballmer and Berkman for Redevelopment legal services to October 16, 1995. The motion carried by unanimous vote. (Redevelopment Agency) Continued From August 7 1995 - Coultrup Disposition And Development Agreement - Continued to October 16 1995 (600.30) The City Council considered the agenda communication from the Acting Economic Development Director stating the Agency currently has an approved Disposition and Development Agreement and a Conditional Use Permit for the two -block project bordered by Pacific Coast Highway, Main Street, Fifth Street and Walnut Avenue. The project consists of 80 condominium units and 40,000 square feet of retail/restaurant/office space on Block 105. The issue before the Agency is whether or not to terminate the Disposition and Development Agreement. A motion was made by Sullivan, seconded by Green, to continue consideration of termination of the Disposition and Development Agreement to the City Council/Redevelopment Agency meeting of October 16, 1995. The motion carried by unanimous vote. Ci Council Request For Saturday City Council Workshop Adjourned Council Meeting) -Approved (120.10) The City Council considered the agenda communication from Councilmember Garofalo requesting Council to consider holding a Saturday workshop (adjourned Council meeting) within the next six weeks to discuss and provide direction to staff regarding Affordable Housing, Redevelopment and Eminent Domain, and Economic Development. A motion was made by Sullivan, seconded by Green, to hold a Saturday workshop (adjourned Council meeting) within the next six weeks to discuss and provide direction to staff regarding Affordable Housing, Redevelopment and Eminent Domain, and Economic Development. The motion carried by unanimous vote. 507 Page 22 - City Council/Redevelopment Agency Minutes - 09/18/95 (City Council) Review Of City Finance Board Letter Of September 7. 1995 - Long- Term City Budget Planning Process - Finance Board To Review City_'s Financial Needs Regarding Operating And Infrastructure Needs For The Next Five Years - Report Requested For April 1996 - App_raved (110.10) The City Council considered the agenda communication from Councilmember Dettloff transmitting a letter from the Finance Board describing the need for a long term budget planning process. A motion was made by Dettloff, seconded by Green, to request the Finance Board to begin a complete review of the City's financial needs in the categories of operating and infrastructure needs for the next five years; and request that this be submitted to the Council in a preliminary form no later than April, 1996. Ask that the Finance Board to recommend to the Council by July 1, 1996, a plan of action to assure that long term costs and revenues be balanced through necessary adjustments in expenditures and revenues. The motion carried by unanimous vote. (City Council) Release List of Huntington Beach City Employees With Total Compensation Of $75,000 Or More - Approved (700.10) The City Council considered the agenda communication from Councilmember Sullivan stating the public has a right to know how many Huntington Beach city employees receive a compensation of $75,000 or more. The City Attorney reported it is appropriate and possible to release all employees salaries and is glad that the request does not include names. She stated that the Huntington Beach Independent editor had stated that only classifications were required but that he is to present this clarification in writing. The City Administrator reported. The City Attorney reported. The Mayor spoke regarding providing more and clearer information to the newspaper for all employees by category without individual names with the exception of single member categories. The City Attorney reported that the city had always offered the Independent Newspaper the release of the categories and total compensation of those categories and all that was not included was the actual names of the individuals. 503 Page 23 - Council/Agency Minutes - 09118195 A motion was made by Sullivan, seconded by Harman, to release a list of all employee salaries without the names of the employees in the same format as required by the court in the Huntington Beach Independent vs. City of Huntington Beach case with a city explanation. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig NOES: Dettloff ABSENT: (Green, Garofalo out of room) (City Council) Three Recommendations to Improve General Appearance of Downtown Area - Approved (120,10) The City Council considered the agenda communication from Councilmember Bauer as follows: Since taking office about three years ago, I have watched the downtown and its appearance. With some chagrin, I have noticed that, with the exception of a few businesses and building owners, the general appearance of the downtown is appalling. With this in mind, I am proposing that the City Council consider the following actions: I. Pass an ordinance similar to our weed abatement ordinance which specifies that after proper notice to clean sidewalks, pick up trash, and provide adequate dumpster capacity, the city will provide these services and charge non -complying businesses the city's overhead costs to provide the services. 2. Make bringing dogs (except seeing eye dogs) to the downtown illegal. I and others have noticed that dogs defecate and urinate downtown with some dog owners making no att e Probl&h.. Further, some dog owners have been observed feeding their A`Wroolm'lie' o�ltSdtlir#1 tables. Since downtown is now moving more and more towards outside dining, having dogs there is unsanitary and unappetizing. I believe having dogs in restaurants is illegal. 3. Pass an ordinance which makes the sale or giving away of stickers in the downtown illegal. We do this for spray cans why not for stickers. Sticker blight on traffic signs is out of control. Council concurred with Councilman Bauer's request. 509 Page 24 - City CounciURedevelopment Agency Minutes - 09/18/95 (City Council) Safe Streets Now Program - City Council Committee Appointed - Leipzig, Bauer and Garofalo (120.10) The City Council considered the agenda communication from Councilmember Bauer as follows: Recently we have been made aware of a program called "Safe Streets Now". This is an approach which allows a neighborhood to collectively sue, in small claims court, a local resident who is causing a nuisance in a neighborhood. This approach has, in one instance, been successfully used in Huntington Beach. The city of Long Beach and other cities, has used this and other techniques to rid neighborhoods of problem residents. A motion was made by Bauer, seconded by Sullivan, to have the Mayor appoint a "Safe Streets Novi' Council committee who will work with citizens, the Police Department, and Code Enforcement to develop strategies and information for dealing with specific neighborhood problems. The motion carried by unanimous vote. Mayor Leipzig, Councilmen Bauer and Garofalo were appointed to the Council Committee. ADJOURNMENT - CITY COUNCIUREDEVELOPM ENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 1:40 a.m. to Monday, September 25, 1995 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk 510 10M �MU � T~ 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 r Mayor/Chairman