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HomeMy WebLinkAbout1995-11-20MINUTES 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, November 20, 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 arrived at 5:20 p.m.) 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 - 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 State of California v. BP America, et al Orange County Superior Court Case No. 64 63 39. Subject: Status Report - American Trader Oil Spill Litigation. (120.80) 580 Page 2 - City Council/Redevelopment Agency Minutes - 11/20/95 Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiators, Ray Silver and David Biggs, regarding negotiations with Coultrup Companies and Birtcher Real Estate Limited concerning the purchase/sale/exchange/lease of the property located between Main Street and Sixth Street between Pacific Coast Highway and Walnut Avenue. Instruction will concern price and terms of payment. Subject: Main Pier Blocks 104 and 105. (400.50) Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator, Ron Hagan, regarding negotiations with TS Restaurants concerning the lease of the property located at 317 Pacific Coast Highway. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator, Ron Hagan, regarding negotiations with TLC Concessions concerning the lease of the property located at the north side of the Huntington Beach Pier. Subject: Termination of TLC Concession Lease. (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. Pledge of Allegiance The Pledge of Allegiance was led by the Mayor. City Council/Redevelopment Agency Roll Call Present: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Absent: None (City Council) Announcement Of Decrease In Crime According To Recent Statistics Mayor Leipzig announced that according to a recent newspaper article, there has been a decrease in the crime rate in Orange County cities. (City Council) Announcement - Death Of Bill Mello Mayor Leipzig announced the recent death of Bill Mello, resident and founder of the Citizen's Bureau of Investigation. �581 11/20/95 - Council/Agency Minutes - Page 3 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: Communication packet from Michael Dobson, EZ Lube President, dated November 15, 1995, summarizing the proposed project with EZ Lube Communication from Lieutenant Bruce Kelly from Robert Rosen, Turbo Data Systems, Incorporated President, dated November 16, 1995, pertaining to the Parking Citation Processing Contract Renewal Communication from Councilman Bauer dated November 20, 1995, stating his recommendations for the item pertaining to the positions of City Treasurer and City Attorney Communication Bob Bolen regarding the In -Lieu Parking Fee Public Comments Mark Singer, Environmental Board representative, announced details of the forthcoming conference sponsored by the Environmental Board. Dave Puls, Mike Green, Mardi Beauregard, Chuck Beauregard, Save Our Kids representatives, and Dr. Marilyn Koeller, recently retired Principal from Ocean View School District, gave reasons in support of the proposed Advisory Measure to be placed on the March 26, 1996 ballot including, development of pride in the children and community,, public safety benefits, warranted by school demographics, outlet for children, increased real estate values, support for inclusion of an aquatic complex, benefit to our children and future generations. The City Clerk announced that the communication referred to by Mr. Green, Save Our Kids representative, dated November 18, 1995, containing material in support of the proposed Advisory Measure had been provided to her. "at_the beginning of the meeting. Mike Smith spoke regarding the right of the people to bear arms and the provisions of the U. S. Constitution. He requested the public gun range be reopened and hoped Council would join efforts to oppose the anti -arms position. Brad White spoke in opposition to funds expended to lobby the California Coastal Commission regarding the proposed Bolsa Chica development including funds expended for a lobbyist contract. _582 Page 4 - City Council/Redevelopment Agency Minutes - 11/20/95 Mark Porter, Huntington Beach Tomorrow representative, spoke in support of the Advisory Measure. He recommended that the proposed measure to make the Office of City Treasurer and City Attorney appointive not be combined into one measure. He recommended that in the proposed Advisory Measure regarding the Park and Beach Improvement District that each improvement be set out as a separate issue to be voted upon rather than combining all the proposed projects into one ballot measure. Michaela Wakeman, Huntington Beach Girl's Softball representative, stated the great need for more locations for girl's softball teams and spoke regarding revenue which would be generated. Bob Wissmann, American Youth Soccer Organization Region 143 representative, spoke in support of the proposed Park and Beach Improvement District to maintain the quality of life in the city. He asked Council to give their support as well as tools and resources to educate the public regarding this measure. (City Council) Council Committee/Liaison Report - Mayor Leipzig Leadership Commended (120.20) Councilman Garofalo stated he believed that Mayor Leipzig had led the city with distinction particularly during the bankruptcy crisis. (City Council) Council Committee/Liaison Report - Public Use Of Police Gun Range (120.20) In response to Councilman Garofalo, the Community Services Director stated that the police range was closed to the public except for group reservations. He gave reasons the Huntington Beach Police Officer's Association needed to halt drop -in users. He reported on Council Committee deliberations including the environmental process involved. (City Council) Council Committee/Liaison Report - Letter To Governor Regarding Senate Bill 602 (120.20) Councilman Sullivan spoke regarding the recent City Council resolution on Senate Bill 602 regarding Sales Tax for Car Leasing. He reported that the governor had signed the bill and the city will now receive an additional $500,000 per year revenue. (City Council) City Administrator's Report - Increase In Revenue Generated By Transient Occupancy Tax - Senate Bill 602 Sales Tax For Car Leasing (340.55) The City Administrator reported on the increase in revenues generated by the transient occupancy tax. 533 �3 11/20/95 - Council/Agency Minutes - Page 5 The City Administrator reported on Senate Bill 602 which will take effect January 2, 1996. He stated the bill will result in more revenue to the city. The City Administrator stated that in a comparative analysis of sales tax with other cities the City of Huntington Beach is below average. (City Council/Redevelopment Agency) Public Hearing - Continued From November 6, 1995 - In -Lieu Parking Fee and Implementation Program - Clarification of Process, Responsibilities and Implementation (340.20) The Mayor announced that this was the meeting set for a public hearing continued open from November 6, 1995 to consider the following: Applicant: City of Huntington Beach Request: To repeal City Council Resolution No. 6522 and Redevelopment Agency Resolution No. 253 for implementation of the In -Lieu Parking Fee for property within the Downtown Specific Plan. Two new City Council Resolutions are proposed to replace the repealed resolutions. The new City Council resolutions will not modify the In -Lieu fee for parking, but will clarify the process, responsibilities, and implementation for participation in the In -Lieu Parking Program. Location: Downtown Specific Plan Environmental Status: This item is categorically exempt from the provisions of the California Environmental Quality Act. The City Council considered the agenda communication from the Assistant City Administrator, Community Development Director and Economic Development Director regarding transmitting two revised City Council resolutions for the implementation of the In -Lieu Parking Fee and In - Lieu Parking Fee Program within the Downtown Specific Plan. Currently, City Council Resolution No. 6522 establishes the In -Lieu Fee for parking and Redevelopment Agency Resolution No. 253 establishes the program for implementation of the In -Lieu Fee for parking. The existing resolutions have been confusing, contradictory and difficult to implement. The revisions proposed will not modify the In -Lieu Fee for parking but will clarify the process, responsibilities, and implementation for participation in the In -Lieu Fee Parking Program. Herb Fallon, Associate Planner, presented a staff report using slides. 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. :4 Page 6 - City Council/Redevelopment Agency Minutes - 11/20/95 Bob Bolen presented a communication to Council. He spoke regarding the problem areas he believed still remain in this in -lieu parking matter. 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. Councilwoman Dettloff requested that staff address the issues in Mr. Bolen's communication. Herb Fallon, Associate Planner, reported. Considerable discussion was held. The Assistant City Administrator spoke regarding a correction made relative to the funds which are being required to be expended by the Redevelopment Agency. Following further discussion a motion was made by Bauer, seconded by Dettloff, to approve the following: Adopt Redevelopment Agency Resolution No. 268 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH REPEALING RESOLUTION NO. 253, AND PROVIDING NEW GUIDELINES FOR CONSIDERATION OF FINANCIAL PARTICIPATION IN THE IN -LIEU PARKING FEE PROGRAM." The resolution repeals Redevelopment Agency Resolution No. 253 and site guidelines for financial participation, and 2. Adopt City Council Resolution No. 6720 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AN IN -LIEU PARKING FEE FOR THE DOWNTOWN SPECIFIC PLAN." The resolution establishes the in -lieu fee for parking, and 3. Adopt City Council Resolution No. 6721 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AN IMPLEMENTATION PLAN FOR THE ESTABLISHED IN -LIEU PARKING FEE." The resolution establishes the in -lieu fee parking program. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff NOES: Green, Garofalo ABSENT: None 11/20/95 - Council/Agency Minutes - Page 7 (Redevelopment Agency) Public Hearing - Main -Pier Phase II 'Disposition and Development Agreement - Coultrup Companies and Birtcher Real Estate Limited, Incorporated - Direction Given Not To Pursue Second Amendment To Disposition And Development Agreement (600.30) The Mayor announced that this was the meeting set for a public hearing on a proposed Second Amendment to the Disposition and Development Agreement (DDA) between the Redevelopment Agency and the Coultrup Companies and Birtcher Real Estate Limited, Incorporated. The Community Development Director presented a staff report. Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Mayor declared the public hearing open. The City Clerk stated that there were no speakers. There being no one present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Garofalo, seconded by Green, to direct staff not to pursue the proposed Second Amendment to the Disposition and Development Agreement between the Redevelopment Agency and the Coultrup Companies and Birtcher Real Estate Limited, Incorporated and to proceed with the implementation of the original Disposition and Development Agreement between the parties. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Public Hearing - Appeal Filed By Councilman Ralph Bauer To Planning Commission's Conditional Approval Of Conditional Use Permit No. 95-68 - Variance No. 95-19 - EZ Lube - 7361 Edinger Avenue - Corner Of Edinger Avenue And Gothard Street - Conditional Use Permit Approved With Amended Conditions Of Approval - Variance Denied (420.40) The Mayor announced that this was the meeting set for a public hearing to consider the following appeal: Applicant No: Conditional Use Permit No. 95-68 - Variance No. 95-19 585 Page 8 - City Council/Redevelopment Agency Minutes - 11/20/95 Applicant: EZ Lube c/o Mike Dobson Appellant: Councilmember Ralph Bauer Request: Appeal to the Planning Commission's conditional approval to permit a 3,126 square feet auto service building (drive -through lube/oil change) and a variance to allow a portion of the building to encroach into the 50 feet setback on Edinger Avenue. Location: 7361 Edinger Avenue, northeast corner of Gothard Street and Edinger Avenue Environmental Status: The item is categorically exempt from the provisions of the California Environmental Quality Act. The Planning Director presented a staff report. He stated that the applicant had recently submitted a revision to the project which would comply with code requirements so that a variance would not be required. He reported on Public Works Department conditions that were placed in the project in error. Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. The City Clerk stated that she had received three communications which had been announced earlier in the meeting as follows: Edward Zimmer representing Levitz Furniture Corporation, dated November 14, 1995 in support of the project; Michael J. Dobson, President, EZ Lube, dated October 26, 1995 transmitting an informal petition with approximately 16 names in support of the project; and Michael Dobson, President of EZ Lube, a communication directed to Mayor Leipzig dated November 15, 1995 in support of the project. The Mayor declared the public hearing open. Mike Dobson, EZ Lube President, Janette Ditkowsky, Freeway Industrial Park Chief Operating Officer, Jim Auther, Real Estate Agent, and Richard Harlow, gave reasons in support of the proposed project as revised. 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. A motion was made by Garofalo, seconded by Green, to approve Conditional Use Permit No. 95-68 with findings and conditions of approval for a revised site plan which conforms to the setback requirements as listed in Attachment No. 6 to the Request for Council Action dated November 20, 1995 and deny Variance No. 95-19 with findings for denial as listed in Attachment No. 3 to the Request for Council Action dated November 20, 1995 with special accommodations to eliminate 6(i) of the October 13, 1995 letter to EZ Lube on Pages 14 and 15 of the attachment. 0 11/20/95 - Council/Agency Minutes - Page 9 Findings For Approval - Conditional Use Permit No. 95-68 The establishment, maintenance and operation of the proposed 3,126 square foot auto service facility will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Sufficient parking will be provided for the commercial use. Driveway modifications eliminate a driveway on each street and provide wider driveways which reduce traffic congestion near the intersection. The structures will be built in compliance with the Uniform Building Code and will not pose an undue health and safety risk to residents in the vicinity. 2. The granting of the conditional use permit for the proposed auto service facility will not adversely affect the General Plan. The Land Use Element provides for this type of use. 3. The proposed auto service facility will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The proposed auto service facility complies with the commercial development standards except for the variance request. Findings For Denial Variance No. 95-19 The granting of a variance for reduced front setback in conjunction with an auto service facility will be materially detrimental to the public welfare or injurious to property in the same zone classification and is not consistent with the draft General Plan. The subject property is located on a site that is proposed to be redesignated Regional Commercial which does not encourage auto service type uses. 2. There are not special circumstances applicable to the subject property. The site complies with the minimum site are and frontage requirements of Chapter 211. It is relatively flat and rectangular in shape. Conditions Of Approval - Conditional Use Permit No. 95-68 1. The site plan, floor plans, and elevations received and dated August 23, 1995, shall be the conceptually approved layout with the following modifications: a. Relocate the building ten (10) feet to the east. b. Provide additional landscaping between the building and the increased setbacks from Edinger Avenue and Gothard Street. Page 10 - City Council/Redevelopment Agency Minutes - 11/20/95 2. Prior to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to backflow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. c. Elevations shall depict colors and building materials proposed. d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the following shall be completed: a. The property owner shall dedicate a strip of land 9.00 feet wide along Edinger Avenue and an area at the corner of Edinger Avenue and Gothard Street with 29.00 feet radius. 11/20/95 - Council/Agency Minutes - Page 11 b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. The landscape planting shall provide for and accommodate the ultimate landscape concept for the Edinger Avenue Corridor. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). d. Hydrology and hydraulic studies. shall be submitted for Public Works approval. e. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent property. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. f. Fire Department requirements shall be rioted on the building plans: Fire extinguishers shall be installed 'ah located in areas to comply with. Huntington Beach Fire Code Standards. 2. Address numbers shall comply with City Specification No. 428. 3. Installation or removal of underground flammable liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. 4. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; :599 Page 12 - City Council/Redevelopment Agency Minutes - 11/20/95 c. Use low sulfur fuel (.05%) by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 6. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. d. The reciprocal driveway improvements shall be completed. e. Remove the most westerly driveway on Edinger Avenue and the most southerly driveway on Gothard Street and replace with curb, gutter and sidewalk. f. Remove and replace the most northerly driveway on Gothard Street and the most easterly to comply with Standard Plan No. 211A and B. g. The existing traffic signal conduit and equipment shall be protected in place. h. Any existing overhead utilities shall be installed underground. i. The property owner and/or applicant shall enter into an agreement with the City to dedicate property. Information On Specific Code Requirements: 1. All applicable Public Works fees shall be paid. 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. 3. An encroachment permit shall be required for all work within the right-of-way. 4. Parking lot striping shall comply with Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance and Title 24, California Administrative Code. 5 91 11/20/95 - Council/Agency Minutes - Page 13 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. The development shall comply with the new State Handicapped Regulations. Access for the disabled is required from the public way to the entrance and within the building. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal Holidays. 8. All new utilities shall be installed underground. 9. Conditional Use Permit No. 95-68 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum of 30 days prior to the expiration date. 10. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-68 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 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 - Adoption Of Uniform Codes - Ordinance Nos. 3305, 3306, 3307, 3308, 3309, 3310, 3311, And 3312 - Introductions Approved On November 6, 1995 (640.10) The Mayor announced that this was the meeting set for a public hearing on proposed ordinances for the purpose of amending the Huntington Beach Municipal Code by amending Chapters 17.02, 17.04, 17.08, 17.12, 17.60, 17.44, 17.46, 17.48 and 17.40 by adopting the Uniform Administrative Code, 1994 edition; Uniform Building Code, 1994 edition; Uniform Housing Code, 1994 edition; Uniform Code of the Abatement of Dangerous Buildings, 1994 edition; Uniform Solar Energy Code, 1994 edition; Uniform Plumbing Code, 1994 edition; Uniform Swimming Pool, Spa and Hot Tub Code, 1994 edition; Uniform Electrical Code, 1993 edition; and Uniform Mechanical Code, 1994 edition. Ross Cranmer, Building Director, presented a staff report. Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Mayor declared the public hearing open. 59 2 Page 14 - City Council/Redevelopment Agency Minutes - 11/20/95 The City Clerk stated that there were no speakers. There being no one present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Green, seconded by Bauer, to approve the following: 1. After reading by title adopt Ordinance Nos. 3304, 3305, 3306, 3307, 3308, 3309, 3310 and 3311 which adopts by reference the 1994 Uniform Building and Plumbing Codes, the 1993 National Electrical Code, and all the listed companion codes, to become effective January 1, 1996, and 2. After reading by title,adopt Ordinance No. 3312 which adopts by reference the 1994 Uniform Mechanical Code, to become effective February 18, 1996. Ordinance No. 3304 - Uniform Administrative Code - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.02 OF THE MUNICIPAL CODE PERTAINING TO THE UNIFORM ADMINISTRATIVE CODE AND ADOPTING THE UNIFORM ADMINISTRATIVE CODE, BY REFERENCE." Ordinance No. 3305 - Uniform Building Code - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.04 OF THE MUNICIPAL CODE PERTAINING TO THE BUILDING CODE AND ADOPTING THE UNIFORM BUILDING CODE, BY REFERENCE.". Ordinance No. 3306 - Uniform Housing Code - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.08 OF THE MUNICIPAL CODE PERTAINING TO THE HOUSING CODE AND ADOPTING THE UNIFORM HOUSING CODE, BY REFERENCE." Ordinance No. 3307 - Uniform Abatement of Dangerous Buildings Code - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.12 OF THE MUNICIPAL CODE PERTAINING TO THE DANGEROUS BUILDING CODE AND ADOPTING THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, BY REFERENCE.". Ordinance No. 3308 - Uniform Solar Energy Code - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.60 OF THE MUNICIPAL CODE PERTAINING TO THE SOLAR ENERGY CODE AND ADOPTING THE UNIFORM SOLAR ENERGY CODE, BY REFERENCE." Ordinance No. 3309 - Uniform Plumbing Code - AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.44 OF THE MUNICIPAL CODE PERTAINING TO THE PLUMBING CODE AND ADOPTING THE UNIFORM PLUMBING CODE, BY REFERENCE.". 11/20/95 - Council/Agency Minutes - Page 15 Ordinance No. 3310 - Uniform Swimming Pool, Spa and Hot Tub Code - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.46 OF THE MUNICIPAL CODE PERTAINING TO THE UNIFORM SWIMMING POOL CODE AND ADOPTING THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, BY REFERENCE." Ordinance No. 3311 - National Electrical Code - AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.48 OF THE MUNICIPAL CODE PERTAINING TO THE ELECTRICAL CODE AND ADOPTING THE NATIONAL ELECTRICAL CODE, BY REFERENCE." Ordinance No. 3312 - Uniform Mechanical Code - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.40 OF THE MUNICIPAL CODE PERTAINING TO THE MECHANICAL CODE AND ADOPTING THE UNIFORM MECHANICAL CODE, BY REFERENCE." The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None Recess -Reconvene The Mayor recessed the City Council and Redevelopment Agency meeting at 8:50 p.m.. The meeting was reconvened at 9:05 p.m. in the Council Chambers. (City Council) City Budget And Financial Planning Priorities - Approved - Report Requested Regarding Sales Tax Revenue (320.10) The City Council considered the agenda communication from Deputy City Administrator Franz transmitting the "Budget/Financial Planning Priorities" document. The City Administrator and Deputy City Administrator Franz reported. Councilman Garofalo requested a monthly or quarterly report on projected sales tax revenues from new businesses starting in the middle of the year. Councilman Bauer complimented the City Administrator regarding this document. A motion was made by Harman, seconded by Dettloff, to direct the City Administrator to continue with the actions necessary to address the priorities listed in the attached "Budget/Financial Planning" document. and to provide a quarterly status report on priority budget issues. The motion carried by unanimous vote. Page 16 - City Council/Redevelopment Agency Minutes - 11/20/95 Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Green) Street Vacation of Island Bay Lane, Mobile Home Survey, Request For Proposal to analyze Surplus School Sites, Youth Sports Needs and Recreation Open Space Needs, Lease Purchase Agreement equipment replacement for Park, Tree and Landscape Division, and (Dettloff) Agreement for Emergency Management System Regulations, (Harman) Professional Services Contract for Parking Citation Processing. Consent Calendar - Items Approved On motion by Green, second Bauer, 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 adjourned regular meeting of September 25, 1995 and the regular meeting of September 18, 1995 as written and on file in the Office of the City Clerk. (City Council) Re -Appointments - Human Resources Board - Ian Collins - David Bishop - Mary Jo Jeffes - Approved (110.20) - Re -appoint the following Human Resources Board members Ian Collins, David Bishop, and Mary Jo Jeffes to a second term that will expire on September 30, 1999. (City Council) Ocean Pointe Partners Drainage Fee Refund - Approved (340.20) - Authorized staff to appropriate $79,674.00 from the unappropriated drainage fund balance to cover refund costs to Ocean Pointe Partners and authorized the Public Works Director to expend $79,674.00 to Ocean Pointe Partners for the refund of drainage fees paid. (City Council) Agreement - Robinwood Little League - Marine Community Park Ballfields - Approved (600.10) - Approved the five-year Lease Agreement between the city and Robinwood Little League for rental of the Marina Community Park ball fields and authorized the Mayor and City Clerk to execute said agreement. (City Council) Progress Report Mobile Home Review Committee - Received And Filed (110.10) - Received, reviewed and filed the report and accepted the Progress Report Mobile Home Review Committee report as complete. In response to Councilman Garofalo's question, Dan Bruening, Housing Rehabilitation Manager, reported regarding by-laws for the Mobile Home Review Committee. Councilman Garofalo requested that by-laws be submitted to Council within the next thirty days for approval. 595. 11/20/95 - Council/Agency Minutes - Page 17 (City Council) Resolution No. 6725 - Support Application - Federal Transportation Enhancement Activities Funding Program - Adopted (800.35) 1. Adopted Resolution No. 6725 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM UNDER THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991." The resolution supports the application to the Transportation Enhancement Activities Program for grant funding to complete landscaping of the following projects: A. The area adjacent to Goldenwest Street between Ellis Avenue and Rio Vista Drive. B. Warner Avenue from Algonquin Street to Newland Street. C. Beach Boulevard from 1-405 to Ellis Avenue, and 2. Appointed Robert E. Eichblatt, City Engineer, as an agent of the city to conduct all negotiations and execute all required applications, or other documents necessary to acquire the funds for the above mentioned projects. (City Council) Agreement - Assistance To City In Filing Claims For State -Mandated Cost Reimbursements - David M. Griffith And Associates - Waive Professional Liability Insurance - Approved - (600.10) - Approved and authorized the Mayor and City Clerk to execute the Agreement between the city and David M. Griffith and Associates, Limited, for preparation and filing of claims for state mandated cost reimbursements and waive the professional liability requirements pursuant to Resolution No. 6023. Mayor Leipzig stated the need for a policy for requests to waive insurance requirements. (City Council) Federal Grant - Community Oriented Policing Services•(COPS) - Making Officer Re -Deployment Effective (MORE) - Approved (340.70) - Adopted Resolution No. 6724 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS PARTICIPATION IN THE COMMUNITY ORIENTED POLICING SERVICES" The resolution outlines the city's commitment for the following grant matching funds for the one-year period starting July, 1995. Total matching funds for the COPS MORE grant is $112,750. The partner agencies will be responsible for $78,403 of the matching funds, leaving $34,347 as the city share. The federal grant amount is $338,250. (City Council) Lease Purchase Agreement - Koch Financial Corporation - Equipment Replacement - Park, Tree And Landscape Division (600.10) - Approved the tax-exempt Equipment Lease Purchase Agreement with Koch Financial Corporation; authorized the Mayor and City Clerk to execute said agreement; authorized and directed Robert J. Franz, Deputy City Administrator, to sign and deliver all necessary forms and other documents in connection with the above agreement on behalf of the city (budgeted equipment for the Park, Tree and Landscape Division) which replaces existing equipment: 3 Turf Tractors, 4 Front Mowers, 2 Three Point Flail Mowers, and 1 Overcenter Aerial Device. $32,650 per year, three-year term, $25,100 per year, four-year term. Page 18 - City Council/Redevelopment Agency Minutes - 11/20/95 (City Council) Street Vacation - Island Bay Lane - North of Palm Avenue - Resolution No. 6723 - Adopted - Public Hearing Scheduled December 18, 1995 (800.50) The City Council considered the agenda communication from the Public Works Director dated November 20, 1995 regarding Street Vacation on Island Bay Lane. The agenda item was removed from the consent calendar by Councilman Green. The Public Works Director in response to a question by Councilman Green informed Council that the property belongs to the adjacent property owners. A motion was made by Green, seconded by Dettloff, to adopt Resolution No. 6723 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENT TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF ISLAND BAY LANE, NORTH OF PALM AVENUE WITHIN TRACT NO. 6904," and, direct that a public hearing beheld on December 18, 1995, for all persons interested in or objecting to the proposed vacation. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council/Redevelopment) Mobile Home Survey - Lawrence Research - Deferred Sixty Days For Liaison Committee Report (110.10) The City Council considered the agenda communication from the Economic Development Director dated November 20, 1995 regarding the Mobile Home Survey. The agenda item was removed from the consent calendar by Councilman Green. Councilman Green spoke regarding the need for committee by-laws. Discussion was held regarding the survey cost. Dan Bruening, Housing Rehabilitation Manager, and the Community Development Director reported. A motion was made by Garofalo, seconded by Green, to defer action for sixty days for the liaison committee to report back with recommendation to proceed. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None 597 11/20/95 - Council/Agency Minutes - Page 19 (City Council) Professional Services Contract - Turbo Data Systems, Incorporated - Parking Citation Processing -Approved (600.10) The City Council considered the agenda communication from the Police Chief dated November 20, 1995 regarding the Parking Citation Processing Contract. The agenda item was removed from the consent calendar by Councilman Harman. A late communication was announced earlier in the meeting by the City Clerk from Lieutenant Bruce Kelly from Robert Rosen, Turbo Data Systems, Incorporated President, dated November 16, 1995, pertaining to the Parking Citation Processing Contract Renewal. Discussion was held regarding the financial safe guards to the city and other aspects to the agreement. The Police Chief confirmed that the additional one cent (1 ¢) charge had been negotiated away by the city. A motion was made by Harman, seconded by Bauer, to approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the city and Turbo Data Systems, Incorporated, for Parking Citation Processing ($65,400; however, program generates revenue in excess of $1,500,000 which will affect this expense). The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Agreement - County Of Orange And Political Subdivisions - Establishes Operational Area - Emergency Management System Regulations (SEMS) - Resolution No. 6732 - Adopted (600.25) The City Council considered the agenda communication from the Fire Chief dated November 20, 1995 regarding Consideration of a resolution approving an Operational Area Agreement with the County of Orange and Political Subdivisions for the implementation of the standardized Emergency Management System Regulations. The agenda item was removed from the consent calendar by Councilwoman Dettloff. In response to a question by Councilwoman Dettloff, Stephen Kohler, Project Manager, informed the City Council that the final document will be returned to the Council so that they may be aware of revisions. ob Page 20 - City Council/Redevelopment Agency Minutes - 11/20/95 A motion was made by Dettloff, seconded by Green, to adopt Resolution No. 6732 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN OPERATIONAL AREA AGREEMENT BETWEEN THE COUNTY OF ORANGE AND LOCAL AGENCIES FOR THE IMPLEMENTATION OF THE STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) REGULATIONS." The resolution authorizes the Mayor and City Clerk to sign an Operational Area Agreement with revisions between the County of Orange and Political Subdivisions for the implementation of Standardized Emergency Management System Regulations. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Request For Proposal - Analyze Surplus School Sites, Youth Sports Needs And Recreation Open Space Needs - Approved (650.20) The City Council considered the agenda communication from the Community Services Director and the Community Development Director dated November 20, 1995 regarding Surplus School Site Master Plan And Youth Sports Needs Assessment, Request for Proposal. The agenda item was removed from the consent calendar by Councilman Green. Councilman Green requested a copy of the Request for Proposals be sent to Council and the proposals when they are received. A motion was made by Green, seconded by Sullivan, to direct staff to solicit proposals for a consultant to analyze surplus school sites, youth sports, and recreation open space needs for the community. The motion carried by unanimous vote. (City Council) Agreement - Kane, Ballmer And Berkman - General Municipal Law - Legal Services -Approved (600.10) The City Council considered the agenda communication from the City Attorney transmitting Amendment No. 1 to the Agreement with the law firm of Kane, Ballmer and Berkman for "General Municipal Law" legal services. A motion was made by Harman, seconded by Dettloff, to approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Agreement between the city and Kane, Ballmer and Berkman, a Law Corporation, for Legal Services. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None 59,9 11/20/95 - Council/Agency Minutes - Page 21 (City Council) Recommendation From Council Committee on Beach And Park Improvement District Regarding Advisory Measure - March 26, 1996 Special Election - Approved As Amended (350.30) The City Council considered the agenda communication from the Community Services Director transmitting the Council Committee on the Park and Beach Improvement District recommendation regarding the establishment of a citywide Park and Beach Improvement District. Mike Karger, outside Counsel, Kane, Ballmer, and Berkman Law Office, and the City Clerk reported on procedures to be followed for the March 26, 1996 special election. Discussion was held and Mr. Karger and the City Clerk responded to procedural questions presented by Council. Councilman Harman presented background information on the youth sports complex proposal. He spoke regarding the proposed plan and the needs he believes it will fulfill. The City Clerk and Mr. Karger reported on the limitation of 75 words for the ballot question. Councilman Garofalo commented on the proposed advisory measure. Further discussion was held by Council and staff. Straw Vote No. 1 - Advisory Vote Ballot Language - Approved As Amended A motion was made by Bauer, seconded by Dettloff, to approve by straw vote the advisory vote ballot language contained in the Request for Council Action_ November 20, 1995 as amended to include "of Huntington Beach" as submitted by the Council Committee on the Park and Beach Improvement District. The motion carried by unanimous vote. Straw Vote No. 2 - Special Election Called For March 26, 1996 - Approved A motion was made by Bauer, seconded by Harman, to approve by straw vote a March 26, 1996 special election.. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff NOES: Green, Garofalo ABSENT: None Page 22 - City Council/Redevelopment Agency Minutes - 11/20/95 Straw Vote No. 3 - Councilmen Green And Garofalo Appointed To Write The Argument Against The Park And Beach Improvement District Advisory Vote A motion was made by Garofalo, seconded by Green, to approve by straw vote the appointment of Councilmen Green and Garofalo to file arguments against the Park and Beach Improvement District Advisory measure. The motion carried by unanimous vote. Straw Vote No. 4 - Councilmen Harman And Bauer Appointed To Write The Argument In Favor Of The Advisory Vote A motion was made by Harman, seconded by Garofalo, to approve by straw vote the appointment of Councilmen Harman and Bauer and any other Councilmembers, not to exceed a total of five, who may wish to join to co-author the argument in favor of the advisory vote. The motion carried by unanimous vote. Straw Vote No. 6 - Impartial Analysis To Be Prepared By City Attorney's Office - Approved A motion was made by Leipzig, seconded by Green, for the Impartial Analysis to be prepared by the City Attorney's Office. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: (Bauer out of room) Straw Vote No. 7 - Staff Directed To Meet With The Council Committee, Community Services Commission, School Districts, Council On Aging, Save Our Kids, Youth Sports Groups, Beach User Groups, Aquatics Groups, Homeowners Associations, And Other Community Groups And Individuals To Educate The Public Regarding The Project Descriptions And Method To Accomplish The Improvements A motion was made by Dettloff, seconded by Garofalo, to approve by straw vote to direct staff and the Council Committee to work with the Community Services Commission, school districts, Council on Aging, Save Our Kids, youth sports groups, beach user groups, aquatics groups, homeowners associations, and other community groups and individuals to educate the public regarding the project descriptions and the most cost effective method to accomplish the improvements that will be included in the proposed Park and Beach Improvement District. The motion carried by unanimous vote. 601- 11/20/95 - Council/Agency Minutes - Page 23 Motion To Continue Council/Agency Meeting Past 11:00 p.m. - Approved A motion was made by Leipzig, second Green, to continue the Council/Agency meeting past 11:00 p.m. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: (Bauer out of room) (City Council) City Council Committee Recommendation - Ballot Questions March 26, 1996 Election - Positions Of City Treasurer And City Attorney (620.10) The City Council considered the agenda communication from the City Council Committee regarding their recommendation relative to one of the City Council adopted goals to have placed before the voters of Huntington Beach ballot questions regarding the appropriate method for the recruitment and selection of people who desire to hold the positions of City Treasurer and City Attorney. A communication was announced earlier in the meeting by the City Clerk from Councilman Bauer dated November 20, 1996, stating his recommendations for the item pertaining to the positions of City Treasurer and City Attorney. Straw Vote No. 1 - Separate Ballot Measures To Make The City Attorney And City Treasurer Appointive - Approved A motion was made by Garofalo, seconded by Sullivan, to approve by straw vote the adopted the separation of ballot measures to make the City Attorney and City Treasurer appointive. The motion carried by the following roll call vote: AYES: Sullivan, Leipzig, Green, Garofalo NOES: Harman, Bauer, Dettloff ABSENT: None Straw Vote No. 2 - City Council Committee And City Administrator To Develop Qualifications And Selection Process For City Attorney And City Treasurer Positions - Review Proposed Ballot Wording - Approved A motion was made by Garofalo, seconded by Green, by straw vote to direct the City Council Committee to work with the City. Administrator to develop a recommendation for qualifications for the City Attorney and City Treasurer positions, the selection process, and to take another look at the actual wording of the ballot question. The motion carried by unanimous vote. Page 24 - City Council/Redevelopment Agency Minutes - 11/20/95 Straw Vote No. 3 - City Council Not Appointed To Prepare Arguments For City Attorney Or City Treasurer Ballot Measures A motion was made by Garofalo, seconded by Green, by straw vote that the City Council not name themselves to write arguments relative to the City Treasurer and City Attorney ballot measures. The motion carried by unanimous vote. Straw Vote No. 4 - Impartial Analysis For City Attorney And City Treasurer Measures - Direction To Prepare - Approved A motion was made by Garofalo, seconded by Green, to direct that the impartial analysis be prepared on both the City Attorney and City Treasurer measures. The motion carried by unanimous vote. (City Council) Continued From November 6, 1995 - Implementation Plan - City Treasurer Vacancy - Approved - Consideration Of Appointment Of Dan Villella To Be Placed On December 18, 1995 Agenda (620.10) The City Council -considered the agenda communication from the Deputy City Administrator Franz regarding an implementation plan for the City Treasurer position vacancy. The City Administrator referred to a communication from the City Attorney to the Mayor and City Council dated November 20, 1995 regarding the Implementation Plan for the City Treasurer Vacancy, Agenda Item No. F-4. (This communication was presented to the City Clerk following the adjournment of the City Council meeting at 12:15 a.m.) A motion was made by Harman, seconded by Bauer, to direct the City Administrator to place on the City Council's December 18, 1995 agenda the consideration of the appointment of Finance Director Dan T. Villella as City Treasurer effective December 29, 1995. The motion carried by unanimous vote. (City Council) Ordinance No. 3316 - Increase Minimum Dollar Amounts For Purchases On Bidding Requirements -Continued To December 4, 1995 (640.10) The City Council considered the agenda communication regarding Ordinance No. 3316 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS 3.02.070, 3.02.190(D), AND 3.02.140 TO INCREASE THE MINIMUM DOLLAR AMOUNTS FOR PURCHASES ON BIDDING REQUIREMENTS." The proposed ordinance increases the minimum dollar amounts for purchases on bidding requirements. Introduction approved on November 6, 1995. A motion was made by Green, seconded by Garofalo, to continue Ordinance No. 3316 to December 4, 1995. The motion carried by unanimous vote. 11/20/95 - Council/Agency Minutes - Page 25 (City Council) Councilman Bauer - Proposed County Of Orange Charter - Approved (640.30) The City Council considered the agenda communication received from Councilman Bauer dated November 20, 1995 regarding the proposed County Charter to be voted on by the Board of Supervisors on November 28, 1995. If passed, the proposal will be on the March 26, 1996 ballot. Councilman Bauer, League of Cities Charter Committee and County Charter Commission member, encouraged positive support of the document through a motion from the Huntington Beach City Council. He stated that although the proposed changes may not cover all that is desired, the changes represent a tremendous step forward in the rules by which we govern ourselves. He stated that the Orange County Business Council as well as a number of other civic groups are in support of the proposed County Charter. Councilman Bauer reviewed the major changes that were recommended, inciuding term limitation, which positions should be appointed and elected, and the change from a Chief Administrative Officer to a Chief Executive Officer. Considerable discussion was held. The City Clerk informed Council that a member of the Charter Revision Committee had presented a recommendation from the Huntington Beach City Clerk's Office that audits of the county be placed on the county Board of Supervisors' agenda and that this recommendation had been approved. A motion was made by Bauer, seconded by Harman, that the Huntington Beach City Council support a Charter for the County of Orange as proposed by the 1995 Orange County Charter Commission with the exception of the portion recommending a nine member Board of Supervisors. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None 9 ,1 Page 26 - City Council/Redevelopment Agency Minutes - 11/20/95 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 at 12:15 a.m. to Saturday, December 2, 1995 at 8:00 a.m. at the Joint Powers Training Center, 18301 Gothard Street, Huntington Beach, California. ATTEST: City •.Clerk/Crk, 60P �� Li,aO;rr'sw'!� 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 Mayor/Chair an