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Home My WebLink About1995-12-18 (14)MINUTES 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 18, 1995 Call To Order Mayor Sullivan called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:05 p.m. in Room B-8. City Council/Redevelopment Agency Roll Call: - Present: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Absent: None Study Session - Introduction - State Assemblyman Scott Baugh - 67th District Mayor Sullivan introduced the new State Assemblyman for the 67th District, Scott Baugh. Scott Baugh stated that he was at the meeting to discuss the needs of the City of Huntington Beach. Discussion was held by Council and Assemblyman Baugh including the Huntington city beach as a regional resource, refurbishment of beach parking lots and restrooms, distribution of tax revenues, city financial condition, public safety cuts, and election of the new speaker for the Assembly. Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency at 5:30 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) 641 Page 2 - City Council/Redevelopment Agency Minutes - 12/18/95 Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City v. Huntington Beach Police Officers Association. Orange County Superior Court Case No. 74 93 09. (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 Basulto v. City of Huntington Beach United States District Court Case No. SACV 95-555 AHS(EEx). (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City v. McDonnell Douglas Corporation U. S. District Court Case No. SACV 94 29 LHM (RWRx). (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 Lovin, et al. v. Miller, et al. Orange County Superior Court Case No. 71 24 68. (120.80) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, Michael Uberuaga, regarding negotiations with Main Pier Phase If Partners concerning the purchase/sale/exchange/lease of the property located at Main Pier Phase II Project Site, Pacific Coast Highway bordering 5th and 6th Streets, the areas known as Block 104 and Block 105. Instruction will concern price and terms of payment. (Coultrup Companies) (400.50) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is regarding Orange County; U. S. Bankruptcy Court Case No. SA 94-22272 JR, Administratively Consolidated with Case No. SA 94-22273 JR. (120.80) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:00 p.m. in the Council Chambers. Pledge of Allegiance The Pledge of Allegiance was led by the Councilman Harman. 842 12/18/95 - Council/Agency Minutes - Page 3 Invocation - Announcement - Regarding The Passing Of Steve Johnson, Mesa View School Principal The Invocation was given by Dan Moss, Principal, Circle View Elementary School, Community Services Commission Chairman, and Ordained Minister of the First Christian Church. He announced that Steve Johnson, Mesa View School Principal, had passed away this last week of a heart attack. City Council/Redevelopment Agency Roll Call Present: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo, (Leipzig arrived at 7:05 p.m.) Absent: None 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 from the Public Works Director, dated December 15, 1995, pertaining to an Update Regarding Outdoor Dining Communication from Mark Porter, Huntington Beach Tomorrow President, dated December 16, 1995 pertaining to the agenda item regarding Resolution No. 6715 the fee for use of public right-of-way in the downtown area for outdoor dining Communication from Joyce Riddell, Huntington Beach Chamber of Commerce President, dated December 18, 1995, requesting that the agenda item pertaining to Outdoor Dining be continued to the second meeting in January Public Comments Mark Porter, Huntington Beach Tomorrow President, expressed concern regarding the Pier Plaza Project and existing parking problems in the downtown area. 64-g Page 4 - City Council/Redevelopment Agency Minutes - 12/18/95 (City Council) Liaison Reports - Orange County Sanitation District Appointments - Continued For Further Information (120.20) Councilman Leipzig reported regarding the potential purchase of the Orange County landfill system by the Orange County Sanitation District. Mayor Sullivan stated that he wanted to continue the proposed Orange County Sanitation District appointments until he had received further information from the District regarding the procedure whereby he can designate another member of Council to serve in the Mayor's stead. (City Council) City Council Liaison Appointments - Approved (120.20) The City Council considered the agenda communication from Mayor Sullivan regarding the 1996 Council/Staff Liaison List of Council assignments to the various city boards, commissions and committees and to the external bodies for which Huntington Beach has City Council representation. CITIZEN COMMISSIONS, BOARDS, & COMMITTEES STAFF LIAISON ADVISORY BODY COUNCIL LIAISONS Michael Mudd Allied Arts Board Sullivan, Bauer 5258 6:00 P.M., 1st Tues. HB Art Center Ross Cranmer Board of Appeals Dettloff, Leipzig 5532 As needed Pat Dapkus Children's Needs Task Force Sullivan, Dettloff 5579 Carol Runzel Citizen Advisory Board Bauer, Green 5529 7:00 P.M., 1st Thurs., Civic Center. Jim Engle Community Services. Commission Sullivan, Garofalo 5495 7.00 P.M., 2nd Wed., Chambers Brian James Design Review Board Dettloff, Harman 375-5075 3:30 P.M., 2nd Thurs. of each month 3rd Floor Dan Johnson Downtown Task Force Bauer, Dettloff 5693 Mary Beth Broeren Environmental Board Green, Leipzig 5550 7:30 P.M. 2nd & 4th Thurs., B-8 Rich Barnard Film Committee Green, Bauer 5577 Bob Franz Finance Board - 6:30 P.M., Individual Appointments 5236d 2nd & 4th Wed., Room B-6 John Arnold Florida Utica Task Force Dettloff, Green 8870 Bill Fowler Fourth of July Board Garofalo, Harman 5496 6:30 P.M. 1st Tues, Council Chambers Michael Mudd Historic Resources Board Sullivan, Green 5258 6:30 P.M., 3rd Wed., Rm. B-6 Carol Runzel Human Resources Board Sullivan, Dettloff 5529 12 Noon, 1st Wed., Rm. B-7 12/18/95 - Council/Agency Minutes - Page 5 Pat Dapkus Huntington Beach Waterways & Beaches Sullivan, Bauer 5579 7:00 P.M., 4th Thurs., January, May, & October Huntington Harbour Yacht Club Pat Lovelace Investment Advisory Board Individual Appointments 5200 6:00 P.M. 1st Wednesday of the Mon., Room B-6 Ron Hayden Library Board Sullivan, Green 960-8836 7:00 P.M., 3rd Tues., Library Dan Bruening Mobile Home Committee Sullivan, Dettloff 5901 6:30 PM. - 4th Monday Suzie Wajda Neighborhood Watch Garofalo, Harman 5933 7:30 P.M., 2nd Tues., Police Training Room Bill Fowler Oakview Task Force Dettloff, Leipzig 5496 Bill Osness Personnel Commission Sullivan, Leipzig 5586 7:00 P.M. 3rd Wed. each month. Room B-8 Howard Zelefsky Planning Commission Individual Appointments 5276 7:00, 2nd & 4th Tues. each month, Council Chambers Dan Villella Public Facilities Corporation - Last Wednesday of the first month Garofalo, Leipzig 5228 of each quarter - 4:00 PM - Library Scott Hess Sign Code Committee Sullivan, Leipzig 5554 As Needed Ron Hagan Specific Events Committee Leipzig*, Garofalo 5292 Jim Otterson Transportation Commission Sullivan, Leipzig 5523 7:00 P.M. 3rd Wed., Council Chambers Jeff Renna Water Task Force Green, Harman 5527 Bob Werth Youth Board Garofalo, Harman 5262 6:00 P.M. 3rd Mon., Room B-7 STANDING COUNCIL COMMITTEES STAFF LIAISON COUNCIL COMMITTEE COUNCIL ASSIGNMENT Rich Barnard Cable TV Committee Bauer*, Dettloff, Harman 5577 2:30 P.M. - 2nd Monday, 4th Floor Linda Niles Closed School Sites Committee Sullivan, Dettloff, Harman 5270 Third Friday of Month as needed Third Floor Conference Room Stephen Kohler Economic Development Committee Sullivan*, Leipzig, Bauer 5457 10:00 A.M. 2nd & 4th Friday, 4th Floor Ray Silver Economic Planning Committee Garofalo, Dettloff, Bauer 1574 10:00 A.M. 1st & 3rd Friday, 4th Floor Gail Hutton Legal Affairs Committee Harman*, Sullivan, Leipzig 5555 2:00 P.M., the Wednesday prior to regular Council meetings AD HOC COUNCIL COMMITTEES STAFF LIAISON I COUNCIL COMMITTEE COUNCIL ASSIGNMENT Julie Osugi Bolsa Chica Committee Sullivan*, Dettloff, Green 5274 Ron Hagan Beach & Park Improvement District Committee Bauer, Garofalo, Harman 5292 Rich Barnard COG Committee - To review proposals for an Orange County Sullivan, Garofalo 5577 1 Council of Goverments Bob Franz Council Budget Committee Sullivan% Leipzig, Bauer 5236 '345 Page 6 - City Council/Redevelopment Agency Minutes - 12/18/95 Ron Hagan 5292 Gun Range Committee Sullivan, Harman, Leipzig Rich Barnard Legislative Committee Green, Harman, Dettloff 5577 Michael Uberuaga PERS Committee Sullivan, Leipzig, Harman 5575 Ray Silver Privatization Committee Sullivan, Leipzig, Garofalo 11574 REGIONAL AGENCY MEMBERSHIPS STAFF LIAISON AGENCY Bill Fowler Council on Aging Sullivan, Dettloff 5496 8:00 A.M., 1st Thurs., Senior Outreach Center Jim Lamb H. B. Conference & Visitors Bureau Green, Garofalo 5186 4:00 P.M., 1st Thurs., Bureau Offices Rich Barnard Public Cable Television Authority Sullivan, Bauer 5577 7:30 a. m., 4th Wed. each month, - Fountain Valley Community Center, Room A or B Penny Kyle O. C. Sanitation Districts 3 & 11 3 & 11 Sullivan (Alt. -Leipzig) 962-2411 7:00 P.M., 4th Wed., Sanitation District. Off., Ftn. Vly. 11 Dettloff Alt. Bauer Chief Dolder OC-City Hazmat Emergency Response Authority - 3rd Wed., Dettloff 5402 1:30 quarterly, beginning in July - Anaheim North Net Training Ctr., (Appoint by July 1st of the odd ears on/ Chief Dolder Alt. Bob Eichblatt OCTA Measure M Growth Management Area 6 (GMA 6) Meets quarterly Sullivan Jeff Renna West O. C. Water Board Bauer, Green 5527 4:00 P.M., 4th Tues., Caucus Room George Osborne Santa Ana River Flood Protection Agency (SARFPA) Green (Alt Bauer) 834-5447 4:00 P.M., 4th Thurs., Odd Months, (Nov., Executive Committee only), O.C. Wtr. Dis.Ofc. 834-5142. Ron Hayden Sister City Association Dettloff, Harman 960-8836 7:00 P.M. 2nd Mon., Library 971-2421 O.C. Vector Control Bob Egan 3rd Thurs. 3:30 P.M. Citizen Representative City Council Legislative Committee Appointments - Green, Harman, Dettloff Mayor Sullivan stated that Councilmen Harman and Green who serve on the Council Legislative Committee have requested that a third Councilmember be appointed to that committee due to the heavy work load. Councilwoman Dettloff was appointed to the Council Legislative Committee. �645 12/18/95 - Council/Agency Minutes - Page 7 PERS City Council Committee Appointments - Leipzig, Sullivan, Harman Mayor Sullivan stated that the PERS Council Committee (Public Employees Retirement System) was inadvertently left off the list prepared for the agenda. He stated that he and Councilman Leipzig would continue to serve on that committee. He appointed Councilman Harman to serve on the PERS Council Committee in the place of retired Councilwoman Winchell. Councilman Leipzig requested that a Chairman be named for each committee. Mayor Sullivan stated that would be done. A motion was made by Leipzig, seconded by Green, to approve appointments as announced by Mayor Sullivan. Discussion was held by Mayor Sullivan, Councilman Leipzig and City Administrator Uberuaga regarding whether the PERS Council Committee should be an ad hoc or standing committee. It was determined that it would be an ad hoc committee. Councilman Garofalo expressed opposition to the appointments due to politicization and under -utilization of Councilmembers. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green NOES: Garofalo ABSENT: None (City Council) Public Hearing - Continued Open From December 4, 1995 - Resolution No. 6715 - Fee For Use Of Public Right -Of -Way In The Downtown Area - Outdoor Dining - Continued To February 5, 1996 (340.20) Discussion was held by the Mayor and City Clerk regarding continuance of the open public hearing regarding outdoor dining to a future meeting. Councilman Green stated that Joyce Riddell, HB-FV Board had requested that the issue be continued to the second meeting in February, 1996. If was determined that later in the evening the Council would announce the date to which the hearing will be continued. Motion To Continue Public Hearing To February 5, 1996 Later in the meeting a motion was made by Harman, seconded by Green, to continue the public hearing regarding outdoor dinning to February 5, 1996. The motion carried by unanimous vote. 647 Page 8 - City Council/Redevelopment Agency Minutes - 12/18/95 (City Council) Public Hearing - Adoption Of State Of California Uniform Fire Code By Reference - Ordinance No. 3317 - Adopted (640.10) The Mayor announced that this was the meeting set for a public hearing to consider the adoption of the State of California Uniform Fire Code. Fire Chief Dolder 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 Green, seconded by Harman, to adopt Ordinance No. 3317, after reading by title by the City Clerk - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.56 OF THE HUNTINGTON BEACH MUNICIPAL CODE ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION." Ordinance introduction approved on December 4, 1995. 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 - Resolution No. 6738 - Adopted - Street Vacation - Portion Of Island Bay Lane - Bounded By Palm Avenue, Island Bay Lane And Scenic Bay Lane - Approved (800.50) The Mayor announced that this was the meeting set for a public hearing pursuant to Resolution of Intent No. 6723, adopted November 20, 1995, to consider the vacation of a portion of Island Bay Lane, North of Palm Avenue. The Public Works Director presented a staff report. Legal notice as provided to the City Clerk's Office by staff had been published, posted, and mailed. The Mayor declared the public hearing open. The City Clerk stated that there were no speakers. �� i 12/18/95 - Council/Agency Minutes - Page 9 There being no one 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 Harman, seconded by Green, to adopt Resolution No. 6738 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF ISLAND BAY LANE, NORTH OF PALM AVENUE." 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 - Zoning Text Amendment No. 95-4 - Amends Appeal Procedure - Continued To January 16, 1996 (450.30) The Mayor announced that this was the meeting set for a public hearing to consider the following: Application No: Zoning Text Amendment No. 95-4 Applicant: City of Huntington Beach, Department of Community Development Request: To amend the appeal procedures for zoning entitlements to require a minimum of two City Council members or two Planning Commissioners to file, without fee, an appeal. Location: Not applicable Environmental Status: The item is categorically exempt from the provisions of the California Environmental Quality Act. Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Community Development Director requested continuance of the public hearing for further staff analysis. The Mayor declared the public hearing open. The City Clerk stated that there were no speakers. There was no one present to speak on the matter and there were no protests filed, either oral or written. 6119 Page 10 - City Council/Redevelopment Agency Minutes - 12/18/95 A motion was made by Green, seconded by Dettloff, to continue the public hearing open on Zoning Text Amendment No. 95-4 to January 16, 1996. The motion carried by unanimous vote. (Redevelopment Agency) Public Hearing - Proposed Second Amendment To The Disposition And Development Agreement - Between Coultrup Companies And Birtcher Real Estate Limited - Main -Pier Project Area - Removed From Agenda - No Action Taken (600.30) The Mayor announced that this was the meeting set for a public Hearing to consider a proposed Second Amendment to the Disposition and Development Agreement (DDA) between the Agency and the Coultrup Companies and Birtcher Real Estate Limited, for the proposed project bounded by Main Street, Walnut Avenue, 5th Street, and Pacific Coast Highway. The City Administrator reported. The City Clerk stated that there was one speaker for the public hearing Deputy City Attorney Barron reported. By general consensus of Council the agenda item regarding the Disposition and Development Agreement with Coultrup Companies and Birtcher Real Estate Limited was removed from the agenda pursuant to a memorandum dated December 13, 1995 from the Economic Development Director. CALL REGULAR MEETING OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY TO ORDER TO MEET JOINTLY WITH CITY COUNCIL (125.35) Chairman Sullivan called the regular meeting of the Huntington Beach Public Financing Authority to order. PUBLIC FINANCING AUTHORITY ROLL CALL: Present: Harman, Bauer, Leipzig, Sullivan, Dettloff, Green, Garofalo Absent: None 350 12/18/95 - Council/Agency Minutes - Page 11 Huntinqton Beach Public Financing Authority - Election of Officers - Approved - Minutes - Approved And Adopted A motion was made by Harman, seconded by Green, to elect Mayor Dave Sullivan Chairman, Mayor Pro Tempore Ralph Bauer - Vice Chairman, City Clerk Connie Brockway - Secretary, and approve and adopt minutes of the regular meeting of the Huntington Beach Public Financing Authority of December 19, 1994 and the minutes of the special meetings held June 6, 1994, November 7, 1994 and March 20, 1995 as written and on file in the Office of the Secretary. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None ABSTAIN: Harman, Dettloff„ Green, Garofalo (for 1994 meetings) ADJOURN HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY The Special Meeting of the Huntington Beach Public Financing Authority adjourned. Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Bauer) Deferred Maintenance Program and call for bids for Routine Maintenance, Water Services Contract, Deferred Water Meter Replacement Program, Deferred Maintenance Program and call for bids for Pipe Painting and Coating of Bridge Crossings, Water Services Contract, Contract with Advanced Environmental Concepts for Corrective Action Plan and Site Remediation of Contaminated Groundwater at 520 Pacific Coast Highway, Announcement of public hearing scheduled for January 16, 1996 regarding Proposed Street Closure Fee Penalty, Annual Review of Development Agreement No. 88-1 for Meadowlark Airport Site, January, 1996, City Council Meeting Schedule; (Garofalo) Maddy Local Appointive List Act 1996 Term Expiration Dates; and (Green) Monthly Billing of Municipal Billing System for Water/Refuse/FireMed. Consent Calendar - Items Approved On motion by Leipzig, second Green, 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 651 Page 12 - City Council/Redevelopment Agency Minutes - 12/18/95 (City Council) Minutes - Approved And Adopted - Approved and adopted minutes of the regular meetings of October 2, 1995 and October 16, 1995, regular adjourned minutes of October 14, 1995 and October 23, 1995 as written and on file in the Office of the City Clerk. (City Council) 1988 California Wildlife Coastal & Park Land Conservation Bond Act - City Gym & Pool Renovation - Approved (320.20) - Approved an amendment to the Fiscal Year 1995/96 Park Acquisition and Development Fund budget of $36,000 to be used for the City Gym and Pool renovation. (City Council) Consideration Of Neqotiation Results - Fire Department Minimum Staffing And Filling Of Vacancies Policy - Resolution No. 6736 - Adopted (720.20) - Adopted Resolution No. 6736 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING MINIMUM STAFFING AND FILLING OF VACANCIES POLICY IN THE HUNTINGTON BEACH FIRE DEPARTMENT." (The resolution implements minimum staffing and filling of vacancies language as contained in the Huntington Beach Fire Department Policy D-14, dated December 1, 1995.) (City Council) San Joaquin Hills Transportation Corridor - Easement Deed & Agreement - Right -Of -Way - Water Pipeline Owned Jointly With Mesa Consolidated Water District - Approved (600.40) - Approved the Easement Deed and Agreement and authorized the Mayor and City Clerk to execute the document. (The Easement Deed and Agreement will grant a perpetual easement and right-of-way to facilitate operation and maintenance of the 42-inch water transmission pipeline by the San Joaquin Hills Transportation Corridor Agency.) (City Council) Resolution No. 6737 - Adopted - Summary Street Vacation -. Garrett Circle - Tract No. 14515 (800.50) - Adopted Resolution No. 6736 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF A PORTION OF GARRETT CIRCLE AT EDUCATION LANE." (City Council) Appointments - Allied Arts Board - Helen Spencer & Ruth Geller - Approved (110.20) - Approve the appointments of Helen Spencer and Ruth Geller to the Allied Arts Board, for terms to expire on June 30, 1999. 652 12/18/95 - Council/Agency Minutes - Page 13 (City Council) Final Tract Map No. 14515 - Tentative Tract Map No. 14515 - Subdivision Agreement - Presley Companies - Bushard School Site - West Of Education Lane - South Of Yorktown Avenue - Approved (420.60) - Approved Final Tract Map No. 14515, Tentative Tract No. 14515, accepted the offer of dedication and improvements and bonds pursuant to the finding that Final Tract Map No. 14515 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14515 conditions of approval as approved by the Planning Commission and to instructed the City Clerk to file the following bonds with the City Treasurer: Faithful Performance Bond No. 11133216181, Labor and Material Bond No. 11133216181, Monument Bond No. 11133216207; and that requirements 3(a) through 3(e) have been complied with; approved and authorized execution of the Subdivision Agreement; and further instructed the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the aforementioned conditions have been met. (City Council) Final Payment for Legal Services - Poppin & Shier - Waterfront Hilton Hotel Bankruptcy -Approved (600.10) -Authorized "final' payment for two invoices dated September 30, 1995 and October 31, 1995 in the total amount of $6,029.27 as outlined in Attachment No. 2 to the Request for Council Action dated December 18, 1995. (Redevelopment Agency) Approval As To Fact Of Lease Only - Abdelmuti Development Company And Visiontek, Incorporated - Main -Pier Redevelopment Project Area (600.30) - Approved the second lease between Abdelmuti Development Company and Visiontek, Incorporated, as summarized in the Basic Lease Provisions (included in lease). This approval is as to the fact of the Lease only as required by the Owner Participation Agreement with Abdelmuti Development Company. (City Council) Final Tract Map No. 14990 - Tentative Tract No. 14990 - Presley Companies - Gill Elementary School Site - South East Corner Of Cumberland Drive And Victoria Lane - Approved (420.60) - Approved Final Tract Map No. 14990, Tentative Tract No. 14990, accepted the offer of dedication and improvements and bonds pursuant to the finding that Final Tract Map No. 14990 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14990 conditions of approval as approved by the Planning Commission and instructed the City Clerk to file the following bonds with the City Treasurer: Faithful Performance Bond No. 11133216199, Labor and Material Bond No. 11133216199, Monument Bond No. 111332162115; and that requirements 3(a) through 3(e) have been complied with; approved and authorized execution of the Subdivision Agreement; and further instructed the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the aforementioned conditions have been met. 653 Page 14 - City Council/Redevelopment Agency Minutes - 12/18/95 (City Council) Joint Agreement - West Orange County Water Board (WOCWB) - Direct Billing By Municipal Water District Of Orange County (MWDOC) To Each Agency Of The WOCWB - Garden Grove, Seal Beach, Huntington Beach And Westminster - Approved (600.40) - Approved the West Orange County Water Board Service Connection Billing Agreement OC-9 and OC-35 between the city and the Municipal Water District of Orange County (MWDOC), West Orange County Water Board (WOCWB) and the Cities of Garden Grove, Seal Beach and Westminster, said Agreement has been approved as to form by the City Attorney's office; and forward to the general manager of the WOCWB for additional signatures. This Agreement has already been accepted by the voting members of the West Orange County Water Board, two of whom, Ralph Bauer and Peter Green, are Huntington Beach City Council Members. (City Council) Subordination Agreement - Robert Koury - In -Lieu Parking Fees - 200 Main Street - Main Promenade - Approved (600.10) - Gave authority to the City Administrator to approve a Subordination Agreement between the city and Robert Koury in substantially the same form as the attached agreement, subject to approval by the City Attorney. (Said Subordination Agreement provides that the city continue to remain in second position behind Fremont Investment and Loan and preserves the status quo so the city's position is not adversely affected.) (City Council) Deferred Maintenance Program - Call For Bids - Routine Maintenance - WSC-011 - Water Services Contract - Approved (600.75) The City Council considered the agenda communication from the Public Works Director dated December 18, 1995 regarding the Deferred Maintenance Program at various locations; WSC- 011. The agenda item was removed from the consent calendar by Councilman Bauer. In response to Councilman Bauer's question, the Public Works Director reported on the water rate increase that will cover these maintenance costs. A motion was made by Bauer, seconded by Dettloff, to approve the contract documents and authorize the Public Works Director and the City Clerk to solicit bids, and approve the sample contract, subject to Council's award of contract to the lowest responsible bidder. The motion carried by unanimous vote. (City Council) Deferred Water Meter Replacement Program - WSC-012 - Call For Bids - Approved (600.75) The City Council considered the agenda communication from the Public Works Director dated December 18, 1995 regarding the Deferred Water Meter Replacement Program; WSC-012. The agenda item was removed from the consent calendar by Councilman Bauer. 6 5 ,1 12/18/95 - Council/Agency Minutes - Page 15 A motion was made by Bauer, seconded by Dettloff, to approve the contract documents and authorize the Public Works Director and the City Clerk to solicit bids, and approve the sample contract, subject to Council's award of the contract to the lowest responsible bidder. The motion carried by unanimous vote. (City Council) Deferred Maintenance Program - Call For Bids - Pipe Painting - Coating Of Bridge Crossings - WSC-013 -Water Services Contract -Approved (600.75) The City Council considered the agenda communication from the Public Works Director dated December 18, 1995 regarding the Deferred Maintenance Program, Pipe Painting and Coating of Bridge Crossings; WSC-013. The agenda item was removed from the consent calendar by Councilman Bauer. A motion was made by Bauer, seconded by Dettloff, to approve the contract documents and authorize the Public Works Director and the City Clerk to solicit bids, and approve the sample contract, subject to Council's award of contract to the lowest responsible bidder. The motion carried by unanimous vote. (City Council) Maddy Local Appointive List Act - 1996 Term Expiration Dates - Approved (110.50) The City Council considered the agenda communication from the City Clerk's Office dated December 18, 1995 regarding the Maddy Local Appointive List Act (1996 Term Expiration Dates). The agenda item was removed from the consent calendar by Councilman Bauer. In response to Mayor Pro Tem Bauer's question, the City Clerk reported that the list is an announcement of vacancies for the coming year. A motion was made by Bauer, seconded by Dettloff, to approve the list of boards, commissions and committees, as listed in Attachment No. 1 to the Request for Council Action dated December 18, 1995 and direct the City Clerk to post the list at the official, posting locations (Huntington Central Library, Civic Center, Main Street Library) and courtesy postings at the Banning and Graham Library branches. The motion carried by unanimous vote. (Redevelopment Agency) Contract Between Redevelopment Agency And Advanced_ Environmental Concepts - Corrective Action Plan And Site Remediation - Contaminated Groundwater - 520 Pacific Coast Highway - Wind And Sea Surf Shop - Approved (600.30) The City Council considered the .agenda communication from the Economic Development Director and Public Works Director dated December 18, 1995 regarding the Wind and Sea Surf Shop site. The agenda item was removed from the consent calendar by Councilman Garofalo. 655 Page 16 - City Council/Redevelopment Agency Minutes - 12/18/95 Councilman Garofalo stated his belief that insurance should always be required in the competitive bid process. The Public Works Director reported on insurance for the contract. Considerable discussion was held by Council and staff regarding the request to delete the one-year Warranty Bond. A motion was made by Dettloff, seconded by Bauer, to approve the following: Forego the competitive bid process and award a Contract, to Advanced Environmental Concepts at a cost not to exceed $114,886 and authorize the Chairman and Clerk to execute the document, and 2. Delete standard Public Works contract provision requiring contractor to provide a one-year Warranty Bond, and 3. Authorize an expenditure of $54,000 this fiscal year and direct staff to recommend that the remaining balance of $60,886 be budgeted in fiscal year 1996/1997. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Garofalo NOES: Green ABSENT: None (City Council) Public Hearing Scheduled For January 16, 1996 On Proposed Street Closure Fee Penalty - Announcement Appoved (800.60) The City Council considered the agenda communication from the Public Works Director dated December 18, 1995 regarding the announcement of a Public Hearing on the Proposed Street Closure Penalty. The agenda item was removed from the consent calendar by Councilman Bauer. Mayor Pro Tem Bauer requested further information on how the $800 fee was determined and the city's legal ability to enforce the fee. A motion was made by Bauer, seconded by Harman, to approve the following announcement of the plan to establish a Street Closure Penalty. Notice is hereby given that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chambers of the Civic Center, Huntington Beach, at the hour of 6:30 p.m., or as soon thereafter as possible on Tuesday, the 16th of January, 1996, for the purpose of establishing a Street Closure Penalty. The city is proposing the following: A penalty of $800 per lane, per day, for lane closures beyond previously agreed upon construction schedules. The motion carried by unanimous vote. .! f9 12/18/95 - Council/Agency Minutes - Page 17 (City Council) Annual Review Of Development Agreement No. 88-1 - Between City And Dick Nerio, et al - Meadowlark Airport Site - Review Accepted (600.10) The City Council considered the agenda communication from the Community Development Director dated December 18, 1995 regarding the Annual Review of Development Agreement No. 88-1 (Meadowlark). The agenda item was removed from the consent calendar by Councilman Bauer. In response to Mayor Pro Tern Bauer's question, the Community Services Director reported regarding the Development Agreement term length. A motion was made by Bauer, seconded by Dettloff, to accept the annual monitoring report and find that the developer has complied in good faith with Development Agreement No. 88-1 between the city and Dick Nerio, et al. The motion carried by unanimous vote. (City Council) Monthly Billing - Municipal Billing System - Water/Refuse/FireMed - Amendment To Current Year Budget - Approved (320.20) The City Council considered the agenda communication from Deputy City Administrator Franz dated December 18, 1995 regarding the Monthly Billing of the Municipal Billing System. The agenda item was removed from the consent calendar by Councilman Green. Councilman Garofalo spoke in opposition to the proposed monthly billing system due to increased costs. In response to Councilman Green's question, Deputy City Administrator Franz reported that the meters would be read bi-monthly and billed monthly. The Public Works Director reported regarding a request for bid by the Southern California Gas Company to share meter reading and stated that a response had not been received. Motion To Defer Monthly Billing Of The Municipal Billing System For 90 Days - FAILED A motion was made by Garofalo, seconded by Green, to defer the monthly billing of the Municipal Billing System for 90 days. The motion FAILED by the following roll call vote: AYES: Bauer, Green, Garofalo NOES: Harman, Leipzig, Sullivan, Dettloff, ABSENT: None 657 Page 18 - City Council/Redevelopment Agency Minutes - 12/18/95 A motion was made by Harman, seconded by Dettloff, to approve the amendment of the current year budget to implement a monthly billing system by appropriating funds in the amount of $36,000 for one-time costs and $95,250 for increased on -going costs. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Leipzig, Dettloff NOES: Bauer, Green, Garofalo ABSENT: None (City Council) January, 1996 City Council Meeting Schedule - Approved (120.10) The City Council considered the agenda communication from Management Assistant Pat Dapkus dated December 18, 1995 regarding the January, 1996 City Council meeting schedule. The agenda item was removed.from the consent calendar by Councilman Bauer. Discussion was held regarding the dates that Councilmembers would be available to attend meetings in January, 1996. A motion was made by Garofalo, seconded by Bauer, to have the regular meetings and associated public hearings of the City Council for January on the first and third Tuesdays (January 2, 1996 and January 16, 1996). The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Leipzig ABSENT: None (City Council) Development Of Funding Alternatives For Pier Plaza Project A - Approved - Proposed Lease Terms Between City & TS Restaurants - Duke's Surf City Restaurant - Approved (240.40) The City Council considered the agenda communication from the Community Services Director and Deputy City Administrator Franz regarding conceptual approval of the Pier Plaza project and Duke's Sun` City Restaurant project. The Community Services Director presented a staff report. Rob Thibaut, TS Restaurants representative, gave a presentation regarding the 14 restaurants in Hawaii and California owned and operated by the company. The Planning Director reported on the California Coastal Commission approval of the proposed project. Deputy City Administrative Franz reported regarding funding alternatives for the project. 6J8 12/18/95 - Council/Agency Minutes - Page 19 The City Administrator spoke in support of the proposed project. Councilmembers spoke in support of the proposed project. Mayor Sullivan presented bakcground information regarding parking provided, including Debbie Cook's appeal to the Calfironia Coastal Commission. He spoke at length regarding the parking process and what is mamdated adqdceh and scorequested a continuance of the decision on the project until a parking plan weqiate (arlomg/ Councilman Harman stated that he appreciated Councilman Sullivan's concerns regarding the parking. Planning Director Zelefsky reported. A motion was made by Garofalo, seconded by Harman, to approve the following: 1. Approve the final design plans for Duke's Surf City Restaurant as presented by TS Management Corporation of California and Hawaii (TS) and approved by the Planning Commission and Design Review Board; and 2. Review the proposed lease terms with TS for the development and operation of Duke's Surf City Restaurant as contained herein, and direct staff to prepare the final lease document for Council approval; and 3. Direct staff to continue with development of funding alternatives for the Pier Plaza. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Dettloff, Green, Garofalo NOES: Sullivan ABSENT: None Recess - Reconvene The Mayor recessed the City Council and Redevelopment Agency meeting at 8:45 p.m. The meeting was reconvened at 9:00 p.m. in the Council Chambers. 659 Page 20 - City Council/Redevelopment Agency Minutes - 12/18/95 (City Council) San Joaquin Reservoir Repair - Transfer Of Unappropriated Water Fund Reserves - Approved (320.20) The City Council considered the agenda communication from the Public Works Director informing Council that the San Joaquin Reservoir fiscal year 1995/96 total budget is $5,198,540. The city owns 13.4% of the San Joaquin Reservoir and is obligated to fund its proportionate share, which is $696,604.32. This is an unbudgeted expense. Council authorization is necessary to pay this obligation using the Water Fund's unappropriated reserves. The Public Works Director presented a staff report using slides. The Water Operations Manager reported regarding scheduling of the work. Discussion was held by Council and staff regarding -repair of the San Joaquin Reservoir. A motion was made by Bauer, seconded by Leipzig, to approve the transfer of $696,605 from the unappropriated Water Fund Reserves into the fiscal year 1995/96 Water Fund, Account No. E-EW-PW-919-639-00. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Appointment Of Dan Villella To Fill City Treasurer Vacancy - Resolution No. 6740 - Adopted - Providing For Increase In City Treasurer Salary - Status Report On Investments Requested For February, 1996 (620.10) The City Council considered the agenda communication from Deputy City Administrator Franz informing Council that if an appointment is not made to fill the City Treasurer vacancy by December 29, 1995 a special election will be held to fill the vacancy. The City Administrator presented a staff report. A motion was made by Garofalo, seconded by Green, to appoint Dan Villella to fill the vacant City Treasurer position effective December 29, 1995 and adopt Resolution No. 6740 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RAISING THE SALARY OF THE CITY TREASURER." (The resolution provides for an increase in the salary for the City Treasurer position from salary range 531 ($6,618 per month) to salary range 552 ($7,348 per month), effective December 29, 1995, as compensation for additional duties assigned to the City Treasurer. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None 12/18/95 - Council/Agency Minutes - Page 21 Councilman Garofalo requested the City Treasurer to present a status report by February, 1996, on city investments. (City Council) Continued From November 20, 1995 - Ordinance No. 3316 - Adopted - Increase Minimum Dollar Amounts For Purchases On Bidding Requirements (640.10) The City Council considered the agenda communication regarding Ordinance No. 3316 which increases the minimum dollar amounts for purchases on bidding requirements. The ordinance introduction was approved on November 6, 1995. A motion was made by Sullivan, seconded by Green, to adopt Ordinance No. 3316 - "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 motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Resolution No. 6739 - Adopted - Abolish Transportation Commission - Ordinance No. 3318 - Introduction Approved - Establish Public Works Commission - Ordinance No. 3319 - Introduction Approved (110.10) The City Council considered the agenda communication from the Public Works Director transmitting for Council consideration Ordinance No. 3318 establishing a Public Works Commission. Currently there exists a Transportation Commission that deals with transportation issues and consists of seven (7) members who are residents of the City of Huntington Beach. Staff proposed the abolishment of the Transportation Commission and to place all their duties in the Public Works Commission as well as other duties outlined in the proposed ordinance. In response to a Councilman Garofalo's question, the Mayor clarified the proposed change from Transportation Commission to Public Works Commission. Councilman Leipzig stated that many of the current Transportation Commission members have worked very hard and are capable of continuing to serve in a slightly broadened capacity. He stated that the Council Committee recommended the name change of the commission, change the breadth of some of the topics it takes up, and appoint two people to fill current vacancies. L is Page 22 - City Council/Redevelopment Agency Minutes - 12/18/95 A motion was made by Leipzig, seconded by Sullivan, to approve the following: 1. Adopt Resolution No. 6739 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ABOLISHING THE HUNTINGTON BEACH TRANSPORTATION COMMISSION."; and 2. Approve Introduction, after City Clerk reads by title, Ordinance No. 3318 - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXPANDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 2.110 ENTITLED "PUBLIC WORKS COMMISSION."; and 3. Approve Introduction, after City Clerk reads by title, Ordinance No. 3319 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.56 OF THE HUNTINGTON BEACH MUNICIPAL CODE." (Relative to Public Works Director - Powers, and Duties.); and 4. Direct staff to fund the expenditures necessary to support the Public Works Commission from the City Council approved 1995/96 Fiscal Year Budget. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None Dr. Gerald Chapman, Transportation Commission Chairman, was thanked by Council for his efforts on this ordinance. (City Council) Term Limit - Approved - Personnel Commission - Staff Directed To Prepare Formal Change (120.10) The City Council considered the agenda communication from Councilman Bauer regarding limiting the terms of Personnel Commission members to two-four year terms. Councilman Bauer spoke in support of the proposed term limit of two-four year terms. The City Administrator requested Council to vote for their intent for the ordinance and that staff would amend the ordinance accordingly. 6162 12/18/95 - Council/Agency Minutes - Page 23 A motion was made by Bauer, seconded by Leipzig, to direct staff to prepare documents for a formal change limiting the Personnel Commission members to two-four year terms. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Request For Staff Report Regarding Upgrade In Trash Containers In The Oakview Area (120.90) Councilman Garofalo reported as Council Liaison to the Oakview Task Force. He requested a staff report regarding Code Enforcement working with absentee landlords to upgrade the trash containers in the area. (City Council) Request For Councilmembers To Contact Staff Prior To Meetings With Questions - Reduce. Length Of Meetings (120.10) Councilman Harman requested that Councilmembers, when possible, to obtain answers to their questions from staff prior to Council meetings to reduce the length of meetings. (City Council) Status Report - City Employee Ron Davey's Heart Surgery Mayor Sullivan reported that city employee, Ron Davey, had a successful heart surgery and is home from the hospital. Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency at 9:40 p.m. to consider the following closed session items: Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, Michael Uberuaga, regarding negotiations with Main Pier Phase II Partners concerning the purchase/sale/exchange/lease of the property located at Main Pier Phase II Project Site, Pacific Coast Highway bordering 5th and 6th Streets, the areas known as Block 104 and Block 105. Instruction will concern price and terms of payment. (Coultrup Companies) (400.50) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chambers. 663 Page 24 - City Council/Redevelopment Agency Minutes - 12/18/95 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 to Tuesday, January 2, 1996, at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Cierk/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