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HomeMy WebLinkAbout1995-12-04MINUTES 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, December 4, 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 Study Session - Presentation By Orange County Supervisor Silva And Sheriff Gates - Orange County 800 MHz Communication System Jim Silva, Orange County Supervisor, informed Council that he and Brad Gates, Orange County Sheriff, were present to present the correct information on this issue to the City Council. Brad Gates, Orange County Sheriff, presented a history of the proposed contract and other entities. He distributed a chart to the City Council. He reported on various aspects of the proposed system and the financial constraints encountered as a result of the Orange County bankruptcy. He referred to a comparison of radio system options transmitted by the City of Newport Beach. The City Administrator reported and referred to a memorandum to the City Council from Police Chief Lowenberg, dated November 30, 1995, regarding the 800 Mhz System and a memorandum from Deputy City Administrator Franz dated December 1, 1995 regarding the Allocation of City/County 800 Mhz Costs. The Police Chief responded to Councilman Bauer's questions stating that the county is now unique in having the capability for different agencies to communicate with each other. He reported on the effects of not joining the system thus becoming fragmented. Mayor Leipzig stated that he would like to see alternatives referred to by the Sheriff analyzed by the Police Chief. 612 Page 2 - City Council/Redevelopment Agency Minutes - 12/04/95 Supervisor Silva and Sheriff Gates thanked the City Council for the opportunity to make this presentation to Council. Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency at 5:40 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 Robin S. Dill v. City. Orange County Superior Court Case No. 73 95 71. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is In re Orange County; U. S. Bankruptcy Court Case No. SA-94-22272 JR, Administratively Consolidated with Case No. SA-94-22273 JR. Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 6:30 p.m. in the Council Chambers. City Council/Redevelopment Agency Roll Call Present: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Absent: None Flag Salute And Pledge Of Allegiance The Flag Salute and Pledge of Allegiance was led by Brownie Troop 680 from Saint Bonaventure Catholic School in Huntington Beach, Leader Mary Thompson and Girl Scout Troop 701, Leader Carol Dubich. 12/04/95 - Council/Agency Minutes - Page 3 Invocation The invocation was given by Father Larry Dolan, Sts. Simon and Jude Catholic Church. State Of The City Address And Presentations By Mayor Leipzig Mayor Leipzig made a State of the City address and made presentations to fellow City Council members. Mayor Pro Tempore Dave Sullivan Elected Mayor The City Clerk announced that the Office of Mayor is now vacant and called for a motion to elect a new Mayor. A motion was made by Bauer, seconded by Harman, to elect Mayor Pro Tempore Dave Sullivan as Mayor by acclamation. All Councilmembers rose and gave a standing ovation electing Dave Sullivan Mayor by acclamation. The City Clerk administered the Oath of Office to the new Mayor. Councilman Ralnh Bauer Elected Mavor Pro Tempore Mayor Sullivan declared the Office of Mayor Pro Tempore vacant and called for a motion to elect a new Mayor Pro Tempore. A motion was made by Dettloff, seconded by Leipzig, to elect Councilman Ralph Bauer as Mayor Pro Tempore by acclamation. All Councilmembers rose and gave a standing ovation electing Ralph Bauer Mayor Pro Tempore by acclamation. Presentation To Outgoing Mayor Leipzig Mayor Dave Sullivan presented outgoing Mayor Leipzig with a replica of the City's Surfer Statue to commemorate his year of service as Mayor. Mayor Sullivan announced a reception to be held in the adjoining room and invited members of the audience to attend. 614 Page 4 - City Council/Redevelopment Agency Minutes - 12/04/95 Tom Livengood, Amigos de Bolsa Chica, made a presentation to outgoing Mayor Leipzig in appreciation of his year of service on the City Council and leadership on the Bolsa Chica issue. City Administrator Uberuaga thanked Mayor Leipzig on behalf of the staff for his leadership this past year. Outgoing Presentations By Mayor Leipzig Mayor Leipzig presented Mayor Sullivan with a gavel. He presented starfish to Mayor Pro Tempore Sullivan and City Council members and the City Administrator for their year of service to the city. Statement From New Mayor Mayor Sullivan thanked Council and the audience for their confidence in electing him Mayor and introduced his family members present. 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 to Michael Uberuaga, City Administrator, from Robert Franz, Deputy City Administrator, dated December 1, 1995, regarding allocation of city/County 800 MHz costs Communication from Police Chief Lowenberg, dated November 30, 1995, regarding the 800 MHz System Certificate of Insurance for the Agreement with Employment Systems, Incorporated (ESI) to provide Staffing Services for Building and Safety Services Communication to Connie Brockway, City Clerk, from Ralph Bauer, City Councilman, dated December 4, 1995, regarding the item pertaining to the City Charter Amendments Public Comments Public Comments Regarding Closed Public Hearing On The Seabridge Village Homeowners Association Zoning Text Amendment Michael Fein, applicant, Gaylyn Van Haun, Teddi Penewell, Seabridge Homeowners Association President, and Thomas Saltarelli, Seabridge Village Home Owners Association Legal Counsel, spoke in support of the Planning Commission recommendation. :615 12/04/95 - Council/Agency Minutes - Page 5 Ms. Van Haun referred to photographs she had submitted to Council. Dennis Sato, representing a coalition of surfers spoke regarding the hazardous conditions caused by fisherman's hooks in the surf around the pier. He requested that the City Council adopt an ordinance restricting fishing in the surf zone and to give lifeguards more authority. He presented a petition from people, who he stated spanned a wide age group, in support of his position and public safety. At the request of Councilman Leipzig, Mr. Sato stated a definition of surf zone. Councilman Leipzig stated that in order to have a surfing zone a fixed point would be needed Michael Morgan, Professional Longboard Association representative, 30 year surf veteran and manager of Chuck Dent Surfboards, recommended that a surf zone be established. Tom Livengood, Huntington Beach Good Government Committee representative, spoke in support of the proposed measure for an appointed City Attorney and City Treasurer. He gave reasons why he supported the Council Committee recommendation. Steve Gullage spoke regarding the request from the Mobilehome Committee for a Mobile Home Survey by Lawrence Research that was deferred sixty days for a liaison committee report. Sandra Cole, Huntington Beach Mobilehome Owners Association member, spoke regarding Councilmen Garofalo and Green's comments at the last meeting, stating that the Mobilehome Review Committee had adopted by-laws. Richard Wright, Police Officers' Association representative, stated that the necessary data had not yet been provided to the Police Officers' Association as had been the understanding. He spoke regarding the legal advice that was given to the city by the same firm that gave a neighboring city advice that was not upheld. He questioned if the information received in negotiations was Council's last, best, and final offer. He requested information regarding health care premium costs. He questioned whether Council had information regarding the outside counsel used by the city in negotiations as it pertained to the malpractice suit against a neighboring city. Bob Winchell, Huntington Beach Tomorrow Board of Directors representative, spoke in support of agreement with Rose and Kindel for lobbying services related to the Bolsa Chica Local Coastal Program scheduled on the agenda. Mark Porter, Huntington Beach Tomorrow Board of Directors representative, thanked Mayor Leipzig for all his efforts on behalf of the city and for the Bolsa Chica area. Mr. Porter spoke regarding his attendance at the last City Council Committee meeting relative to the proposed ballot measures. He recommended that the matters of qualifications and selection of the City Treasurer and City Attorney by set forth by ordinance. .6 16, Page 6 - City Council/Redevelopment Agency Minutes - 12/04/95 (City Council) Council Liaison Report - Mobilehome Review Committee By -Laws - Midbury Lane Church Services (120.20) Councilman Garofalo explained his position on the Mobilehome Review Committee By -Laws as referred to during public comments by Ms. Cole. Councilman Garofalo reported on the success that Councilman Green, and Mike Strange, Senior Planner and Zoning Administrator, the Police Department representative, and he had met with regarding the Midbury Lane issue brought up at a previous City Council meeting regarding church services. (City Council) City Administrator's Report - Fishing vs. Surfing Near The Pier Issue - Police Officers' Association Request For Information - Affordable Housing Policy - Economic Development Strategy - Financial Report The Community Services Director at the request of the City Administrator reported on the fishing vs. surfing issue remarked upon during public comments. Mr. Hagan stated that fishing was a protected activity and any ordinance adopted by Council would have to be in compliance with state law. The City Administrator stated that he was not aware that the Police Officers' Association did not have the necessary data. He and reported that the data would be provided to the Police Officers' Association. The City Administrator reported on this past Saturday's City Council meeting stating that further information would be presented to Council in the spring and summer to assist Council in adopting an affordable housing policy statement. The City Administrator reported on the Economic Development Strategy for proposed merger of the five project areas and other project amendments in January. The City Administrator reported on the quarterly financial report received from Deputy City Administrator Franz and encouraged Council to read it when they have an opportunity. (City Council) Public Hearing - Resolution No. 6715 - Fee For Use Of Public Right -Of -Way In The Downtown Area - Outdoor Dining - (Downtown Specific Plan) - Continued To December 18, 1995 (340.20) The Mayor announced that this was the meeting set for a public hearing continued open from October 2, 1995. Applicant: City of Huntington Beach 54 12/04/95 - Council/Agency Minutes - Page 7 Request: To establish a fee in the Downtown Specific Plan Area for use of public right-of-way, for outdoor dining by private business. Location: Downtown Specific Plan Area Coastal Status: Located in the non -appellate jurisdiction of the Coastal Zone Environmental Status: Covered under Environmental Impact Report No. 82-2 A motion was made by Harman, seconded by Green, to continue the public hearing open to December 18, 1995. The motion carried by unanimous vote. (City Council ) Public Hearing - Closed on November 6, 1995 - Zoning Text Amendment No. 94-7 - East Of Beach - South Of Adams - Mitigated Negative Declaration No. 94-18 - Approved As Amended - Seabridge Specific Plan - Seabridge Village Homeowner's Association - Michael Fein - Introduction Of Ordinances Nos. 3314 And 3315 - Approved As Amended (450.30) The Mayor announced that this was the meeting set for a public hearing that had been held and closed on November 6, 1995 with the decision continued to this date on the following: Application No: Zoning Text Amendment No. 94-7 - Negative Declaration (Environmental Assessment) No. 94-18 Applicant: Michael Fein Request: To amend the Seabridge Specific Plan as follows: 1) to change the maximum allowable units from 400 to 422 residential units (an increase of 22 units) on the east side of the flood control channel, 2) to allow medium density residential development on a portion of 3.38 acres within Area A currently designated for Resource Production (01), 3) to allow reuse of properties designated Resource Production (0) for parking and/or open space use, and 4) to make minor corrections to the text. Location: East side of Beach Boulevard, South of Adams Avenue. Environmental Status: Environmental Assessment No. 94-18 is a determination that this item, with mitigation, would not have any significant environmental effect and that a mitigated Negative Declaration is warranted. The City Clerk presented a communication from the Community Development Director on zoning text amendment on which a public hearing was closed on November 6, 1995. The Community Development Director reported. �18 Page 8 - City Council/Redevelopment Agency Minutes - 12/04/95 Howard Zelefsky, Planning Director, reported on issues relating to the number of units per acre allowed by the Seabridge Specific Plan and the research he had conducted back to 1982. He also reported on the oil production issue. The Planning Director announced that the school district and homeowners association had reached agreement that $1 per square foot above what is required by state law would be paid to the school district. He reported on park requirements. The Planning Director responded to Councilman Green's questions regarding oil production. In response to Councilwoman Dettloff, the Planning Director stated that Council could, as a finding of fact of the Mitigated Negative Declaration, put the fact that the school district had reached agreement with the homeowners association. Councilman Harman stated that residential and oil production are incompatible and spoke regarding the death some years ago of a child on an oil rig in the Yorktown area. Thomas Saltarelli, outside general counsel, for Seabridge Home Owners Association, stated that the homeowners association would oppose having the oil drilling above ground and that it not be a requirement for this project. Councilman Sullivan presented questions regarding density. Discussion was held. Mr. Saltarelli was requested to address Council regarding the oil lease. A presentation on this issue was made by Mr. Saltarelli. A petition dated November 18, 1995 was received and distributed to Council from Gaylyn Van Haun, Property Manager, for Seabridge listing approximately 94 owner/residents, 10 off -site owners and 21 tenants in support. A motion was made by Garofalo, seconded by Dettloff, to approve the following Planning Commission recommendation to include the placement of a finding in the Mitigated Negative Declaration and Ordinance No. 3314 relative to the agreement reached by the school district and the homeowners association. Planning Commission Recommendation 1. Approve Negative Declaration No. 94-18 with Mitigation Measures as outlined in Attachment No. 7 to the Request for Council Action dated November 6, 1995, and 2. Approve Zoning Text Amendment No. 94-7 with findings as outlined in Attachment No. 1 to the Request for Council Action dated November 6, 1995 and approve introduction of Ordinance No. 3314, after the City Clerk read by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE SEABRIDGE SPECIFIC PLAN." 6:19 12/04/95 - Council/Agency Minutes - Page 9 Findings For Approval - Zoning Text Amendment No. 94-7 The proposed zoning text amendment to allow (a) 422 residential units (an increase of 22 units) on the east side of the flood control channel; (b) medium density residential development on a portion of 3.38 acres within Area A currently designated for Resource Production (01); (c) reuse of properties designated Resource Production (0) for parking and/or open space use; and (d) to make minor corrections to the text is consistent with the objectives of the Seabridge Specific Plan and the Planned Unit Development concept of the code in allowing for a development that has an integrated design and adapts to the terrain and compatibility of the surrounding environment; and is consistent with the Housing Element of the General Plan because it provides new housing opportunities. 2. The proposed zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the Seabridge Specific Plan. The proposed zoning text amendment is compatible with the surrounding residential land uses because the increase in maximum allowable dwelling units from 776 to 798 is within the maximum 800 units anticipated in the Seabridge Specific Plan pursuant to Policy No. 5 of the Purpose section of the document. The Seabridge development will maintain a medium density residential design on the east side of the flood control channel. 3. A community need has been demonstrated for the proposed zoning text amendment. It will provide an opportunity for the aesthetic improvement, proper maintenance and reuse of the vacant, resource production area. It will allow for the development which would enhance and integrate with the entire Seabridge planned community. 4. Adoption of the proposed zoning text amendment will be in conformity with public convenience, general welfare and good zoning practice because allowed uses will be subject to conditional use permit approval and density of all residential development will average 14.6 units per acre for the entire 54.5 acre Seabridge Specific Plan area (including the residential commercial and resource production areas). Mitigation Measures - Negative Declaration No. 94-18 1. Prior to issuance of building permits, a geology report shall be submitted to the Public Works Department which addresses Alquist-Priolo Special Study zone requirement for the project area. 2. Prior to issuance of building permits, a structural engineering study shall be submitted to the Public Works Department which evaluates proposed foundation designs with respect to the groundshaking and liquefaction hazards. 3. During grading activities, the applicant shall discontinue grading activities during second stage smog alerts and during windy conditions where winds exceed speeds of 15 miles per hour locally or when blowing dust becomes a nuisance as determined by the Director of Public Works. 612 0.. Page 10 - City Council/Redevelopment Agency Minutes-12/04/95 4 At the completion of daily grading activities, the subject site shall be seal rolled to compact loose top soils and irrigated with a palliative complying with the State of California DOT standards Specifications (Section 18) to control exposed soils when winds are predicted to exceed 15 mph locally or ordered by the Director of Public Works. 5. Structures will be elevated a elevation 12.0 in order to comply with FEMA's flood protection requirement for developments within a floodplain. 6. Prior to issuance of building permits, Hydrology and hydraulic calculations shall be submitted to the Public Works Department for review and approval. The calculations shall demonstrate that (1) the development will not result in increased runoff volume during a 100 year, AMC III condition, or that downstream portions of the Seabridge project have the ability to store any increased volume from a 24 hour event, with the Adams Pump Station being not operational, without flooding living spaces, and that (2) any increase in peak stormwater discharged from the site, from a 100 year, AMC III condition, can be either stores on -site, or can be accommodated in downstream systems upstream of the Adams Pump Station. Calculations may be based on either the unit hydrograph method or the rational method using calculated times of concentration for each case. 7. The construction areas and access areas to such shall be staged as far from existing residences as practical. 8. Use of reflective or glare producing finishes or building materials shall be minimized. 9. An on -site qualified archaeologist should monitor all earth moving activities. 10. Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. 11. Should any human bone be encountered during any construction activities on the site. the archaeologist shall contact the coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code relative to Native American Remains. Should the coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. Public Services (Added by City Council action December 4, 1996 12. Prior to issuance of building permits for the proposed 20 additional residential units, the developer and/or property owner shall pay school mitigation fees, greater than mandated by the State, to the Huntington Beach City School District and to the Huntington Beach Union High School District in an amount determined in the mutually accepted agreement of December 4, 1996. 12/04/95 - Council/Agency Minutes - Page 11 The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: request for proposals for automated teller machine(ATM) at Pier Plaza at Pacific Coast Highway and Main Street, Grant Deed for acceptance of dedication of land for park purposes from Huntington Beach Company at the northeast corner of Ellis Avenue and Edwards Street, and Amendment No. 1 to agreement with Rose and Kindel for Lobbying Services related to the Bolsa Chica Local Coastal Program. 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) Amendment No. 1 To Agreement Between City And KPMG Peat Marwick For Services - Independent Internal City Audit - Actuarial Valuations - Retirement Supplement Plan And Retiree Medical Program - Approved (600.10) - Approved and authorized the Mayor and City Clerk to execute Amendment No. 1 to the Agreement between the city and KPMG Peat Marwick for $17,000 to perform actuarial valuations of the Retirement Supplement Plan and Retiree Medical Program. A communication was distributed to Council and the City Clerk by the City Attorney, dated December 4, 1995, replacement of contract numbered item E-2.3 and E-2.4. The City Attorney announced a change in the Agreement and referred to her late communication and revised Pages 3 and 4 to the Request for Council Action dated December 4, 1995. (City Council) Notice of Completion - Traffic Signal Installation - Ward Street And Garfield Avenue - CC-1013 - De La Cruz Construction, Incorporated - Approved . (600.55) - Accepted the improvements completed by De La Cruz Construction, Incorporated, Cash Contract No. 1013, traffic signal installation at Ward Street and Garfield Avenue; approved the total project cost of $89,782, and authorized the City Clerk to file the Notice of Completion. 622 Page 12 - City Council/Redevelopment Agency Minutes - 12/04/95 (City Council) Agreement - Employment Systems, Incorporated (ESI) - Staffing Services - Lease of Temporary Personnel - Building And Safety Services - Approved (600.10) - Approved and authorized the Mayor and City Clerk to execute a contract with Employment Systems, Incorporated (ESI) in an amount not to exceed $201,880, to lease personnel for Building and Safety Services. A late communication was received and distributed to Council of a Certificate of Insurance for the Agreement with Employment Systems, Incorporated (ESI) to provide Staffing Services for Building and Safety Services (City Council) Greer Park Renovation - Budget Revision - Capital Improvement Projects Park Acquisition And Development Fund - Approved (320.20) - Approved a budget revision to the Capital Improvement Projects Budget Park Acquisition and Development Fund for fiscal year 95-96 of $35,000 to be used to complete the renovation of Greer Park. Additionally, the 1995/96 budgeted revenues in the Park Acquisition and Development Fund should be increased by $54,829 to recognize the balance of Roberti-Z'Berg grant moneys owed by the state due to the completion of the Norma Gibbs Park project. (City Council) Amendment - Capital Improvement Projects Budget - Park Acquisition And Development Funding FY 1994-95 Carryover Projects - Golden West College Backstops - Murdy Community Center - Building Modifications - Approved (320.20) - Approved an Amendment to the fiscal year 1995/96 Capital Improvement Projects Budget for the Park Acquisition and Development Fund to allocate $4,000 for Golden West College backstops and $28,000 to complete the Murdy Community Center building modifications to meet Americans with Disabilities Act (ADA) standards. (City Council) Request For Proposals - Automated Teller Machine (ATM) At Pier Plaza - Pacific Coast Highway And Main Street - Approved (240.40) The City Council considered the agenda communication from the Community Services Director dated December 4, 1995 regarding Request for Proposals for an Automated Teller Machine at Pier Plaza. The agenda item was removed from the consent calendar by Councilman Garofalo. Discussion was held between Councilman Garofalo and the Community Services Director regarding the number of ATM kiosks that would be allowed by the California Coastal Commission. 623 12/04/95 - Council/Agency Minutes - Page 13 A motion was made by Garofalo, seconded by Harman, to approve the attached Request for Proposals for the operation of an Automated Teller Machine (ATM) Kiosk next to the Huntington Beach Pier within the proposed Pier Plaza at Pacific Coast Highway and Main Street and to authorize the staff to solicit proposals to local banks. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: (Leipzig out of room) E-6. (City Council) Grant Deed - Acceptance Of Dedication Of 4.5 Acres Of Land For Park Purposes From Huntington Beach Company - Northeast Corner Ellis Avenue And Edwards Street - (Per Option in Holly-Seacliff Development Agreement) - Approved (650.40) The City Council considered the agenda communication from Deputy City Administrator Franz, the Community Services Director, and the Fire Chief dated December 4, 1995 regarding accepting the dedication of 4.5 acres of land for park purposes from the Huntington Beach Company. The agenda item was removed from the consent calendar by Councilwoman Dettloff. In response to a question by Councilwoman Dettloff regarding clean-up, the Fire Chief stated that the owner of the oil well is responsible for clean-up. He explained how the city is protected under the oil well abandonment process. A motion was made by Bauer, seconded by Dettloff, to accept the transfer by Corporation Grant Deed of Assessor's Parcel No. 110-151-15 and 16 from the Huntington Beach Company to the city pursuant to a five-year option in the Holly-Seacliff Development Agreement and direct City Clerk to record same. The motion carried by unanimous vote. (City Council) Appropriation Of Funds - Amendment No. 1 - Agreement With Rose And Kindel - Lobbying Services - Bolsa Chica Local Coastal Program (600.10) The City Council considered the agenda communication from the Community Development Director dated December 4, 1995 regarding Appropriation of Funds and Amendment to the Contract with Rose and Kindel to Assist the City in addressing its Bolsa Chica Issues at the Coastal Commission. The agenda item was removed from the consent calendar by Councilman Green. Councilman Green gave reasons why he believed the city could provide its own representative in this matter. Councilman Garofalo reported that the memorandum he had received from the Planning Director regarding how the money to the lobbyist had been expended was satisfactory. 624 Page 14 - City Council/Redevelopment Agency Minutes-12/04/95 Councilman Leipzig asked for further information on a break -down of expenses for lobbying services. Following discussion a motion was made by Leipzig, seconded by Dettloff, to appropriate $12,000 from the General Fund for consultant services to assist the city in addressing its Bolsa Chica Issues at the Coastal Commission and approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to the Agreement between the city and Rose and Kindel for Lobbying Services related to the Bolsa Chica Local Coastal Program. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff NOES: Green, Garofalo ABSENT: None (City Council) Discussion Held Regarding Memorandum From Councilman Dave Garofalo To City Attorney Regarding Proposed Alternative Charter Amendment - Special Municipal Election - March 26, 1996 The City Council considered a communication from the City Clerk transmitting resolutions necessary to conduct a Special Municipal Election to submit to the voters the following three proposed City Charter amendments and one advisory question regarding the formation of a citywide assessment district to fund parks and other recreational facilities as follows: "Shall proposed Charter Amendment No. 1, amending Sections 300 and 309 of the Charter of the City of Huntington Beach changing the City Treasurer from an elective office to a position appointed by the City Administrator with the approval of the City Council, be approved?" "Shall proposed Charter Amendment No. 2, amending Sections 300 and 311 of the Charter of the City of Huntington Beach changing the City Attorney from an elective office to a position appointed by the City Administrator with the approval of the City Council, be approved?" Shall proposed Charter Amendment No. 3, amending Section 309 of the Charter of the City of Huntington Beach adding the requirement that the City Attorney shall have six (6) years of experience in municipal or governmental law prior to his or her election, be approved? "Advisory Vote Only. Should City of Huntington Beach acquire, develop, improve, maintain sports fields for soccer, football, softball, baseball, and other sports; replace restrooms, bicycle/pedestrian trails, lighting, and showers on city beach; acquire senior center site; develop swim complex; and improve neighborhood parks and tot lots by establishing a citywide assessment district not to exceed thirty years or a cost of: $12 annually per mobile home unit $24 annually per apartment unit $36 annually per residential, commercial and industrial unit?" 5.25 12/04/95 - Council/Agency Minutes - Page 15 The City Council decided to consider memorandums from Councilman Garofalo to the City Attorney regarding proposed alternative Charter Amendments. Councilman Garofalo gave reasons why he believed that the alternative proposal should be adopted by Council. This alternative proposal would provide that an elective City Attorney have six years of experience in municipal or government law, delete the residency requirement, and have the office remain elective. Motion To Require Six Years Experience For The City Attorney And Have No Residency Requirement - FAILED Following considerable discussion, a motion was made by Garofalo, seconded by Green, that the ballot amendment should read: "Shall proposed Charter Amendment No. 3 amending Section 309 and the other appropriate section of the Charter of the City of Huntington Beach adding the requirement that the City Attorney shall have six (6) years experience in municipal or governmental law prior to his or her election be approved and that such candidate have no residency requirement in the City of Huntington Beach. At the request of Councilman Leipzig the City Attorney reported on the Charter requirement and the city ordinance provision regarding residency requirements for elected officials, as well as the provision in law for appointment of City Attorneys in General Law cities, the City Attorney reported further on election code and state code provisions relative to office holders. Following discussion, the City Clerk repeated the motion made by Councilman Garofalo seconded by Green, with the inclusion of the repeal of City Charter Section 312(b) as follows: "or ceases to be an elector of the City" As it pertains to the Office of the City Attorney and City Treasurer only. The amended motion FAILED by the following roll call vote: AYES: Green, Garofalo NOES: Harman, Leipzig, Bauer, Sullivan, Dettloff None ABSENT: None 626 Page 16 - City Council/Redevelopment Agency Minutes - 12/04/95 (City Council) Resolution Nos. 6726 And 6727 - Adopted - Calls And Gives Notice Of March 26, 1996 Special Municipal Election - Requests Consolidation with Statewide Primary - City Charter Amendments Proposed By Legislative Body Regarding Office of City Attorney, Office Of City Treasurer, And Advisory Question Regarding Formation Of Citywide Assessment District To Fund Parks/Other Recreational Facilities (620.30) The City Council considered the agenda communication from the City Clerk transmitting resolutions necessary to conduct a Special Municipal Election to submit to the voters the following two proposed City Charter amendments and one advisory question regarding the formation of a citywide assessment district to fund parks and other recreational facilities as follows: "Shall proposed Charter Amendment No. 1, amending Sections 300 and 309 of the Charter of the City of Huntington Beach changing the City Treasurer from an elective office to a position appointed by the City Administrator with the approval of the City Council, be approved?" "Shall proposed Charter Amendment No. 2, amending Sections 300 and 311 of the Charter of the City of Huntington Beach changing the City Attorney from an elective office to a position appointed by the City Administrator with the approval of the City Council, be approved?" "Advisory Vote Only. Should City of Huntington Beach acquire, develop, improve, maintain sports fields for soccer, football, softball, baseball, and other sports; replace restrooms, bicycle/pedestrian trails, lighting, and showers on city beach; acquire senior center site; develop swim complex; and improve neighborhood parks and tot lots by establishing a citywide assessment district not to exceed thirty years or a cost of: $12 annually per mobile home unit $24 annually per apartment unit $36 annually per residential, commercial and industrial unit?" Communications were received and distributed to Council from: Ralph Bauer, City Councilman, to Connie Brockway, City Clerk, dated December 4, 1995, regarding the item pertaining to the City Charter Amendments and Richard J. Lambros, Apartment Association of Orange County Public Affairs Director, dated December 3, 1995, regarding the proposed citywide Assessment District for March, 1996 municipal election. Councilman Harman presented the recommendations of the Council Committee relative to the City Treasurer and City Attorney offices. 627 12/04/95 - Council/Agency Minutes - Page 17 Straw Vote No. 1 - Qualifications For The Position Of City Treasurer A motion was made by Harman, seconded by Dettloff, to approve by straw vote the Sub - Committee recommended changes for the City Treasurer's Office as indicated on Page 2 of the Council Committee Report dated November 29, 1995 entitled Report from the City Council Sub -Committee regarding the selection process and qualifications for the position of City Treasurer. "The minimum qualifications for the position of City Treasurer shall be a combination of education and experience in an area relative to fiscal management to include the following: 1. Bachelor's degree in Business Administration, Accounting, Public Administration, or a related field. 2. Six years professional experience in government or private sector financial management, to include responsibility for the investment and protection of funds. 3. Extensive management experience in making the receipt, disbursement, banking, protection and custody of funds, securities and financial investments." The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None Councilman Garofalo stated that the question appearing on the ballot gives the City Administrator the right to appoint but he believes the request to discharge should be included The City Attorney referred him to Section 401 (a) of the City Charter. The City Administrator stated that Exhibit A (ballot pamphlet text) would reflect this language, however, it is not on the language on the ballot question. Following discussion, Councilman Leipzig stated that the Council Committee discussed this point as the original version had the City Administrator's power to remove language but that the committee recommended that it be removed in order to simplify the language and the power to remove is implicit in the power to appoint. Councilman Bauer spoke regarding the rationale of why he was submitting wording regarding providing the citizen's input in the process. He reviewed some of the benefits of an appointive position and _read his suggestions as to the ballot question wording which would provide the citizens direct input. He read his recommended language to be inserted in the text of the measure. 698 Page 18 - City Council/Redevelopment Agency Minutes - 12/04/95 Discussion was held regarding Councilman Bauer's recommended language. The City Administrator at the request of Councilman Garofalo stated his opinion of the proposed citizen's committee. The Mayor summarized what he believed was Councilman Bauer's rationale for his proposal and Councilman Bauer stated the Mayor's summarization was correct. Straw Vote No. 2 - Selection Process For The Position Of City Treasurer To Include Screening By A Citizen's Committee A motion was made by Bauer, seconded by Harman, to approve by straw vote a language change to the proposed ballot measure language as follows: "Shall proposed Charter Amendment No. 1, amending Sections 300 and 309 of the Charter of the City of Huntington Beach changing the City Treasurer from an elective office to a position screened by a citizen's committee and appointed by the City Administrator with the approval of the City Council, be approved?" and A language change in the text of the City Charter after "minimum qualifications" as follows: "Selection process for the City Treasurer shall include the following. Applicants for City Treasurer will be reviewed by a screening committee at least one half of which shall be made up of citizens who are registered voters in the City of Huntington Beach and the balance of the committee shall be persons with current municipal investment experience. The City Administrator shall appoint the Treasurer from candidates recommended by the screening committee subject to the approval by a majority of the City Council." The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff NOES: Green, Garofalo ABSENT: None Discussion was held by the Council regarding the process by which to tie the straw votes together and to adopt the final resolution relative to Councilman Garofalo to have his votes recorded separately as against the Advisory Measure and for the other two measures. The Council then reviewed the Council Committee's recommended change to the proposed Charter Amendment language as set forth on Page 2 of the Council Committee Report underlined and shown there shall have six years increasingly responsible experience in Municipal Government Law and calls for the office to become appointive and the ballot language wording as set forth in the Request for Council Action dropping the word "removed" on F-1 Page 1 (white sheet). 629 12/04/95 - Council/Agency Minutes - Page 19 Straw Vote No. 4 - Approved Sub -Committee Recommended Change In Charter Wording As Amended A motion was made by Leipzig, seconded by Harman, to approve by straw vote the Sub - Committee recommended changes for the City Attorney's Office as indicated on Page 2 of the Council Committee Report dated November 29, 1995 entitled Report from the City Council Sub -Committee regarding the selection process and qualifications for the position of City Attorney. "To become and remain eligible for City Attorney, the person elected or appointed shall be an attorney at law, duly licensed as such under the laws of the State of California, and. shall have six (6) years of increasingly responsible experience in municipal or government law and have been engaged in the practice of law in this State for at least three (3) years prior to his/her assumption of office." The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None Straw Vote No. 5 - Selection Process For The Position Of City Attorney Include Screening By A Citizen's Committee A motion was made by Bauer, seconded by Harman, to approve by straw vote a language change to the proposed ballot measure language as follows: "Shall proposed Charter Amendment No. 1, amending Sections 300 and 309 of the Charter of the City of Huntington Beach changing the City Attorney from an elective office to a position screened by a citizen's committee and appointed by the City Administrator with the approval of the City Council, be approved?" and A language change in the text of the City Charter Section 309(i) regarding the selection process for the City Attorney shall include the following: "Applicants for City Attorney will be reviewed by a screening committee at least one half of which shall be made up of citizens who are registered voters in the City of Huntington Beach and the balance of the committee shall be persons with current municipal legal experience. , The City Administrator shall appoint the City Attorney from candidates reviewed by the screening committee subject to the approval by a majority vote of the City Council." 630 Page 20 - City Council/Redevelopment Agency Minutes - 12/04/95 The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff NOES: Green, Garofalo ABSENT: None Brief discussion was held regarding the ballot wording on the Advisory Measure. A motion was made by Harman, seconded by Bauer to approve the Advisory Measure wording as submitted. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Garofalo NOES: Green ABSENT: None Resolutions Nos. 6726 and 6727 - Adopted As Amended - Calls And Gives Notice Of Election And Consolidates With Statewide Primary Election Councilman Garofalo spoke regarding his contention that there should be a method to split the subjects within the resolution to enable him to record his final vote separately rather than in one resolution. A motion was made by Leipzig, seconded by Harman, to adopt Resolutions Nos. 6726 and 6727 with the language as presented and modified this evening, both voter pamphlet text and voter ballot wording as follows. Resolution No. 6726 as amended -"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 26, 1996, FOR SUBMISSION TO THE VOTERS MEASURES PROPOSED BY THE LEGISLATIVE BODY, RELATING TO THE AMENDMENT OF THE CITY CHARTER, TO PROVIDE FOR THE APPOINTMENT OF THE CITY ATTORNEY AND/OR THE CITY TREASURER AND THE ADVISORY QUESTION OF WHETHER TO FORM A CITY-WIDE ASSESSMENT DISTRICT IN ORDER TO FUND PARKS AND OTHER RECREATIONAL FACILITIES." The resolution calls and gives notice of election. and, Resolution No. 6727 as amended - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE." The resolution consolidates with statewide primary election. 6 31- 12/04/95 - Council/Agency Minutes - Page 21 The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff NOES: Green, Garofalo ABSENT: None Announcement Of HBTV-3 Employee Ron Davey Heart Attack During Meeting Mayor Sullivan announced that HBTV-3 employee, Ron Davey, had suffered a heart attack during the City Council meeting and was being transported to the hospital. (City Council) Resolution No. 6728 - Adopted - Sets Priorities For Written Arguments And Directs Preparation Of Impartial Analyses - Submitted For Formal Action - Straw Votes Taken By City Council on November 20, 1995 (620.30) The City Council considered the agenda communication from the City Clerk informing Council of requirements for filing of arguments and preparation of impartial analyses of proposed city measures. Written Arguments If Council wishes to have first priority to file arguments relative to a City Measure, the Council may vote to authorize and name Councilmembers to file an argument in favor, authorize and Name Councilmembers to file an argument against, and authorize and Name Councilmembers to file an argument in favor and an argument against (Sometimes done by Council to allow minority of Councilmembers to file opposing arguments) Should Council choose not to authorize its members to file written arguments, written arguments shall be selected by the City Clerk pursuant to the State Elections Code. Impartial Analvses The City Council may direct the preparation of impartial analyses by directing the City Attorney to prepare impartial analyses on two of the three measures: (City Treasurer) and (Citywide Parks and Recreation Assessment District) and the City Clerk to prepare the impartial analysis of the City Attorney measure. Following discussion a motion was made by Garofalo, seconded by Harman, to appoint Mayor Pro Tem Sullivan, Councilmembers Harman, Bauer, Leipzig, and Dettloff to write arguments in support of the proposed Advisory Measure. Councilmembers Green and Garofalo were appointed to write arguments in opposition to the proposed Advisory Measure. A motion was made by Garofalo to direct the City Clerk to post the deadline for arguments. 632 Page 22 - City Council/Redevelopment Agency Minutes - 12/04/95 The City Clerk stated that a motion to direct the City Clerk to post the deadline for arguments was not necessary as it was a automatic procedure performed by the Office of the City Clerk. Discussion was held by the City Clerk and Council regarding the filing of rebuttal arguments regarding the proposed Beach and Park Advisory Measure. A motion was made by Garofalo, seconded by Green, to adopt Resolution No. 6728 as amended to give Council first priority to file written arguments and to direct the preparation of impartial analyses - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY CLERK TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE REGARDING THE OFFICE OF THE CITY ATTORNEY, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE REGARDING THE OFFICE OF THE CITY TREASURER AND THE ADVISORY QUESTION ON WHETHER TO FORM A CITYWIDE ASSESSMENT DISTRICT FOR PARKS AND RECREATIONAL FACILITIES." The resolution is regarding Arguments and Impartial Analysis. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None Motion To Continue Council/Agency Meeting Past 11:00 P.M. - Approved A motion was made by Leipzig, second Harman, to continue the Council/Agency meeting past 11:00 p.m. The motion carried unanimously. (City Council/Redevelopment Agency) Approval Of Economic Development Long Range Opportunities And Constraints Analysis - Cunningham And Associates - Approved (460.10) The City Council considered the agenda communication from the Economic Development Director transmitting the Economic Development Long -Range Opportunities and Constraints Analysis, dated September, 1995, submitted to city by Cunningham and Associates, Municipal Management Consulting. The Economic Development Director distributed a report to Council and presented a staff report. 633. 12/04/95 - Council/Agency Minutes - Page 23 A motion was made by Garofalo, seconded by Green, to adopt the recommendations contained within the Opportunities and Constraints Analysis and implement recommendations in priority order according to availability of funding and staff. The motion carried by unanimous vote. (Redevelopment Agency) Agency Resolution No. 269 - Adopted - Financial Support For Orange Housing Development Corporation - Bower Court Senior Apartments - Corner Of Yorktown Avenue And Lake Street - Approval Of Option Agreement And Authorization To Negotiate - Disposition And Development Agreement And A HOME Program Funding Agreement (600.30) The City Council considered the agenda communication from the Economic Development Director transmitting documents relative to a request by the Orange Housing Development Corporation that the Redevelopment Agency support its application to the California Tax Credit Allocation Committee for federal tax credits, which if awarded would be used as part of a larger transaction that would lead to the construction of a 20 to 23 unit senior apartment complex on Redevelopment Agency owned land at the corner of Lake Street and Yorktown Avenue. The Economic Development Director presented a staff report. Considerable discussion was held. A motion was made by Leipzig, seconded by Green, to: 1. Adopt Resolution No. 269 authorizing funding support by the Huntington Beach Redevelopment Agency with a grant of Agency -owned land acquired at a cost of $885,000 and a loan of $100,000 in redevelopment housing set aside funds for the construction of senior apartments by Orange Housing Development Corporation, and 2. Approve and authorize the Agency Chairman and Agency Clerk to execute the Option agreement with Orange Housing Development Corporation (OHDC), and 3. Waive the required liability insurance for OHDC only as they apply to the site control document, and only for purposes of applying for tax credits. This waiver will not be requested if a Disposition and Development Agreement is approved at a later time, and 4. Authorize Agency staff to negotiate a Disposition and Development Agreement (DDA) and a HOME Program Funding Agreement with Orange Housing Development Corporation if tax credits are awarded to the proposed project by the TCAC. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None 634 Page 24 - City Council/Redevelopment Agency Minutes - 12/04/95 (City Council) Ordinance No. 3317 - Introduction Approved - Uniform Fire Code - Public Hearing Scheduled November 18, 1995 - The City Council considered the agenda communication from the Fire Chief dated December 4, 1995 regarding adoption of 1994 Uniform Fire Code. Fire Chief Dolder presented a staff report. A motion was made by Harman, seconded by Bauer, to approve introduction after reading by title of Ordinance No. 3317 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 7.56 OF THE HUNTINGTON BEACH MUNICIPAL CODE ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION." The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Tuesday, December 12, 1995 at 7:30 a.m., in the Waterfront Hilton, "Salon B", 21100 Pacific Coast Highway, Huntington Beach, California. ATTEST: G� City Clerk/Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach California Mayor/Chairman 635