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HomeMy WebLinkAbout1996-02-20MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 6:30 P.M. - Council Chamber Huntington Beach, California Tuesday, February 20, 1996 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 5:00 p.m. in Room B-8. City Council/Redevelopment Agency Roll Call: - Present: Harman, Bauer, Sullivan, Dettloff, Garofalo Absent: Leipzig, Green Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency at 5:05 p.m. to consider the following closed session items: Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding Labor Relations Matters - Meet and Confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Jacobs v. City, Paul Lips Orange County Superior Court Case No. 73 93 72. (120.80) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the Agency is a party. The title of the litigation is California Resorts v Redevelopment Agency. Orange County Superior Court Case No. 73 31 40. (400.50) 7 .2- Page 2 - Council/Agency Minutes - 02/20/96 Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is regarding the Orange County; U. S. Bankruptcy Court Case No. SA 94-22272 JR, Administratively Consolidated with Case No. SA 94-22273 JR (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation is Anthony and Langford Dispute. (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of Potential Cases - 1. (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 Susan Newman v. City of Huntington Beach Orange County Superior Court Case No. 75 87 72. (120.80) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 6:50 p.m. in the Council Chambers. City Council/Redevelopment Agency Roll Call Present: Harman, Bauer, Sullivan, Dettloff, Garofalo, (Green arrived at 10:45 p.m.), (Leipzig arrived at 10:55 p.m.) Absent: None Pledge of Allegiance The Pledge of Allegiance was led by the Mayor. Dedication Of Meeting In Memory Of Audrey Wheeler Mayor Sullivan announced that this City Council meeting would be dedicated to the memory of Audrey Wheeler, long time city resident. He stated Audrey was an avid city watcher of City Council and Planning Commission meetings often making contributions to city officials for ways to better the city. 73 02/20/96 - City Council/Redevelopment Agency Minutes - Page 3 Presentation: Mayor Sullivan introduced Orange County Supervisor, Jim Silva, to present a Proclamation to Huntington Beach Business Owner, ad fic �om the AAAf Mandic oAutomobile tors, who for the third year in a row has won the prestigious Towman ACE Awa Club. Presentation: Mayor Sullivan presented to Julie Osugi, Associate Planner, Community Development Department, a Resolution of Appreciation to recognize her outstanding work on the Bolsa Chica Wetlands. 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 Joyce Riddell, Huntington unti Beach Chamber of Commerce President, dated February 16, 1996, listing con proposed ed fee changes Three communications in opposition to the appeal of Planning Commission's denial of Conditional Use Permit No. 90-32(R), Taxi's the Tavern: David and Lisa Dellano, dated February 20, 1996 Board of Directors, Town Square Master Community Association, dated February 19, 1996 Board of Directors, Pierside Estates Association, dated February 19, 1996 Request for Council Action - Deferred Maintenance Program, Pipe Painting and Coating of Bridge Crossings, WSC-013 (some pages left out of the agenda packet) Slide presentation by Melanie Fallon, Community Development Director, regarding the Consent to Pending Sale of Properties Located in the Holly-Seacliff Development Agreement Area Slide Report regarding the Bankruptcy Communication from CouncilwomanShirleyDettloff, ttoHumated February 14, n Relations Issues996, regarding for Consideration of a Mechanism Respondingo Communication from Melanie Fallon, Community Development Director, dated February 14, 1996, regarding residents' concerns at Wardlow School Site Revised Agenda Pages 1, 3, and 12 from the City Clerk's Office which had been posted pursuant to the Brown Act 74 Page 4 - Council/Agency Minutes - 02/20/96 Public Comments Jeri Stokes spoke in opposition to gang houses in residential areas and the neighborhood problems. She spoke favorably regarding help received from the Police Department with the gang house issue which was brought to the attention of Council at the last meeting. She spoke in support of the formation of a task force which should be well publicized. She presented recommended procedures for the task force and thanked Council for their support. Ms. Stokes presented a letter, dated February 19, 1996, to Council and the City Clerk from Thomas and Karen Malatesta, who were unable to attend the Council meeting in support of Measure H which provides funding for the Police Anti -Gang Task Force. Eilene Chandler presented a petition to Council and the City Clerk listing approximately 44 signatures in support of the regulation of traffic and hours of operation for the Wardlow School site. William Ogden, Huntington Beach Fire Association, and Steve Reuter, Marine Safety Officers Association President, addressed Council regarding their concerns with the proposed ordinance which would change the term limitation for Personnel Commissioners. The need for Personnel Commissioners to know labor laws was stated as if they are under -qualified it may put the city in litigation. Mr. Ogden stated that the Personnel Commission had not always been favorable to their Association's position, however he requested that the ordinance be delayed until a procedure can be set out to ensure a qualified commission be retained. Richard Harlow, representing Frazer Trembly, spoke relative to the agenda item on the Huntington Beach Swap Meet. He spoke in support of Alternative Action No. 2 (on Page No. 1) of the Request for Council Action dated February 20, 1996. He expounded.on Mr. Trembly's request to Council. Chris Forseca, Huntington Beach Swap Meet representative, spoke on behalf of the Swap Meet vendors in support of staff's recommended action relative to the Huntington Beach Swap Meet. Tom Zanic, Seacliff Partners representative, spoke in support and stated he was present to answer questions by Council regarding the Holly-Seacliff Traffic Impact Fee Credit and Reimbursement Agreement. Kelly Shanley, Herb Cuadras, Tom Honrath, Mike Honrath, and Les Gottlieb, spoke regarding a recent fatal accident at the intersection of Heil Avenue and Edwards Street. The speakers recommended that action be taken such as the installation of left turn on green arrow traffic lights, trimming of shrubbery around the flood control channel to improve visibility needed, the side walks are narrower in that section, children coming from the tract have to cross the intersection to go to school, and that a car had gone through a wall and her child had been in the back yard earlier camping in a tent. A petition was presented by Ms. Shanley to the City Council. 75 02120/96 - City Council/Redevelopment Agency Minutes - Page 5 Councilman Garofalo spoke regarding the fact that his father had died at that intersection five years ago and he believed a study should be Ms Shanley stated that she believed .that Springdaleomated Traffic Report Syst m Accident Listing situation. She presented a page from the aut which cited accident statistics at this intersection. Evie DuGay, Ernie Cushin , And_y Y_, �acek�, m addressedand-opeJack Clap , Co for ncilthe regarding the importance of the Meals on Wheels program program would not be eliminated. Street Wendy Mello expressed concern regarding the She spoil kue and e regarding as recent breakentin her ion and in support of the remedy for the intersection.Poke the neighborhood and the Police Department work that was responsible orbringing Pot ce burglar into custody. She read a letter from a resident speaking appreciatively to the Department for quick action. ce Mike Elliott spoke in opposition to the cloed Whether the escaped bng of the Huntingtonallet cameach e f oOmfthe facility. He Association Gun Range and question stated that if Council wants to close the gun range, they should just do so, however not for the reasons just stated. Ronald Russell, Pride Foundation representative, spoke regarding proposed budget cuts for the DARE program and its value to and support by the community. Rita Blackburn, Council on Aging representative, stated that as a volunteer, she was a part of the Senior Outreach Program through Meals on Iservices lnumber oone priority list the 'ng on program. spoke regarding budget cuts which would make social of items to be cut. Richard Bowen, Ken Pollock, and Carling Thomas, Neighborhood Watchtrepresentatives cuts. spoke in support of the Neighborhood Watch Program and in opposition They presented the benefits of the program to the city and the fact that they believed Suzie Wajda's position, Police Department Education Specialist, in Neighborhood Watch to be too complex to be filled by a volunteer. Mr= also stated that for 20 years he has lived at the Heil Avenue and Edwards Street intersection and agrees with the previous speakers. 76 Page 6 - Council/Agency Minutes - 02/20/96 Bruce Monroe, Sierra Club representative, Connie Boardman, Flossie Horgan, and Eileen Murphy, Mariorie Allen, Jacqueline Geier -Lahti, Bolsa Chica Land Trust representatives, Mark Porter, Robert Winchell, Huntington Beach Tomorrow representatives, Bill Gregory, Surfrider Foundation representative, Debbie Cook, Nancy Donaven, Jan Vandersloot, Jon Ely, and Carrie Thomas, addressed Council in opposition to the recent California Coastal Commission decision on the proposed Bolsa Chica development project. Communications from Huntington Beach Tomorrow, dated January 16, 1996 and February 19, 1996, setting forth that organization's position were referred to and presented to Council by Mr. Porter. Portions of the Sierra Club communication were referred to in reference to joining a litigation against the California Coastal Commission's decision. Reasons were presented to Council in support of a lawsuit including the need to meet California Environmental Quality Act (CEQA) requirements; the cost of litigation would be much less than the city's costs to support the development; various sections of law under which Council could base their lawsuit; the fact that the California Coastal Commission voted against the recommendation of its own staff; lack of water for the development; fiscal impacts on the Police Department, Fire Department and Library Services Department and impacts to residents' quality of life. Concern was expressed regarding four Councilmembers being member of Amigos de Bolsa Chica as that organization favors the inlet and that the Council should make their decision wearing their Council hats. Bill Holman, a representative of the developer, and Suzanne Beukema, Friends and Neighbors of Seacliff, Incorporated representative, spoke in support of the sale of properties in the Holly- Seacliff Development Agreement Area. Thom Doney stated that he believed the City Council should concentrate on important issues such as ball fields for the community rather than outdoor dining which realized revenue of only S5,000 per year. The City Clerk announced that she had been provided with the two letters from Huntington Beach Tomorrow. (City Council) Council Liaison Report Discussion Held Regarding Proposed Bolsa Chica Development Councilman Bauer stated that as he would not be present at the coming to the March 4, 1996 meeting, he would like to comment on the Bolsa Chica issue. He proposed that the Bolsa Chica issue be placed on the next agenda and recommended to Council that either the Mayor or Mayor Pro Tem meet with the Secretary of the Interior regarding the possibility of the Bolsa Chica ocean inlet. He also proposed that hvo issues be put on the ballot regarding the Bolsa Chica. Councilman Garofalo asked the Fire Chief to report on a comment made under Public Comments that no progress has been made to reach agreement on the contract regarding Fire Services. 77 02/20/96 - City Council/Redevelopment Agency Minutes - Page 7 The Fire Chief reported. The City Administrator responded to Councilman Garofalo's question regarding Library Services. Mayor Sullivan spoke regarding the fact that PS eon the Bolsa Ch l'aHe reported o only two hours tonight the notthree hours and he also corrected the figures spent Library fee and the letter from the Koll Company which he considered to be blackmail. Recess -Reconvene The Mayor recessed the City Council and Redevelopment Agency meeting at 9:00 P.M. The meeting was reconvened at 9:10 p.m. in the Council Chambers. (city Council Council Liaison Report - Gun Ran a And Intersection Of Heil Avenue Ana Edwards Street Councilman Harman stated that the ballistic test had not come back to prove that the errant bullet came from the gun range and wanted to make this fact clear for the public. He stated that he had an occasion to drive by the Heil Avenue and Edwards Street intersection and questioned if this intersection could be looked at as a candidate for Community Development Block Grant (CDBG) funds or for reallocation of the current signal list. He stated that the Public Works Commission wouud dbbe cut olng r athis in concret every near future. cap put on the channel tolman Harman questioned if the shrubbery co improve visibility. He stated that this intersection seems very dangerous and something should be done. Cit Council Council Liaison Report - Legislative Committee's 1996 Goals And Objectives 120.25) The City Council considered a communication from the Legislative Committee (Councilmembers Harman, Dettloff and Green) requesting the review, comment and approval of the Legislative Committee's 1996 Goals and Objectives. Councilman Harman reported on the 1996 Goals and Objectives of the Legislative Committee. He spoke regarding lawsuits against the city and a section of the government code that allowed immunity to cities. He stated he would meet with legislators regarding this law. W Page 8 - Council/Agency Minutes - 02/20/96 (City Council) City Administrator's Report - Budget - Gun Range The City Administrator stated that discussion had been held on the Budget. He stated that these discussion would be held in a public forum. He stated that initial discussion on the proposed cuts could be alarming. Councilman Garofalo clarified that the Budget meeting was to hear staff's initial recommendations at a very preliminary stage. These recommendations are due to the Budget shortfall. The City Administrator reported on the Gun Range and a report that is being prepared on the possible closure or reopening of the Gun Range. The City Administrator stated that following a meeting with the President of the Police Officer's Association the issue would be put on the agenda. In response to Councilman Garofalo, the City Administrator stated that the Sheriff's Department believed there was strong evidence that the errant bullet came from the Gun Range. He read from portions of the report. (City Council) Public Hearing - Revisions To Community Development Department Fee Schedule - Resolution No. 96-11 - Adopted (340.20) The Mayor announced that this was the meeting set for a public hearing to consider the following: Applicant: City of Huntington Beach, Community Development Department Request: Amend the fee schedule of the Community Development Department to recover costs of services provided, improve the descriptions and decrease fees where appropriate. Location: City-wide Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Community Development Director presented a staff report. Councilman Bauer read portions of a letter from the Chamber of Commerce regarding Community Development Department services. He stated that the issues presented by the Chamber of Commerce were not specific and that he would like to receive more information and have these issues resolved. Councilman Bauer stated he would like to meet with the Chamber of Commerce as he believes it is not appropriate to put these comments in a letter without specific examples. Councilman Garofalo commented on the portion of the letter regarding the Community Development Department plan checks. 79 02/20/96 - City Council/Redevelopment Agency Minutes - Page 9 The Mayor declared the public hearing open. The City Clerk stated that there were no speakers. There being no one further to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Garofalo, seconded by Dettloff, to adopt Resolution No. 96-11 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE' AS TO FEES CHARGED FOR PROVIDING COMMUNITY DEVELOPMENT DEPARTMENT SERVICES (SUPPLEMENTAL FEE RESOLUTION NO. 59)", with findings for the California Environmental Quality Act (CEQA) Exemption No. 15273 as outlined in Attachment No. 2 (on Page No. 12) of the Request for Council Action dated February 20,1996. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Garofalo NOES: None ABSENT: Leipzig, Green Attachment No. 2 Findings For CEQA Exemption From Section 15273 Resolution No. 96-11 for the comprehensive update to the Community Development Department Fees is exempt from the California Environmental Quality Act because the fee amendments are necessary for clarification or to reflect an alteration in the development process. The amendments to the fees will not have a negative impact on the environment because by the very nature of the project is not environmentally related. The fee amendments are necessary to continue to meet operating expenses, to reflect the services provided, and to clarify language and processing procedures. (City Council) Public Hearing - Appeal By Councilman Garofalo Of Planning Commission's Denial Of Conditional Use Permit No. 90-32 (R) - Taxi's The Tavern (Emil Varona) - Increase In Number Of Live Performers - 318 Main Street - EIS Main Street - S/Oran e Avenue - FAILED (420.40) The Mayor announced that this was the meeting set for a public hearing to consider the following: Application No: Conditional Use Permit No. 90-32(R) Applicant: Taxi's the Tavern (Emil Varona) Page 10 - Council/Agency Minutes - 02/20/96 Appellant: Councilman Dave Garofalo Request: Appeal of the Planning Commission's denial of Conditional Use Permit No. 90-32(R) requesting an increase in the number of live performers. Location: 318 Main Street (east side, south of Orange Avenue) Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act. The Community Development Director reported. Councilman Garofalo questioned the number of violations and sound level issues. The Community Development Director reported. Councilman Garofalo asked if a permit could be issued with a requirement for a periodic review. The Community Development Director stated that the Planning Commission had recommended this be done. The following late communications were announced earlier in the meeting by the Deputy City Clerk: Three communications in opposition to the appeal of Planning Commission's denial of Conditional Use Permit No. 90-32(R), Taxi's the Tavern from: David and Lisa Dellano, dated February 20, 1996 Board of Directors, Town Square Master Community Association dated February 19, 1996 Board of Directors, Pierside Estates Association dated February 19, 1996 Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Mayor declared the public hearing open. Robert Younger, Richard Farmer, Chris Mosley, Ron Davis, James Gould, Steve Sherman, and Emil Varona, applicant, spoke in support of Conditional Use Permit No. 90-32(R) for Taxi's The Tavern and gave reasons for their support including that an applicant should not be denied a permit because of problems which are anticipated in the future; a review period could be established to insure adherence to regulations; that complaints are not violations and a differential between the two must be made; and that the occupancy use or decibel level was not being changed. Art Hopkins, Bill Meyer, Vicki Parisi, Loretta Wolf, Marie St. Germain, and Doug Campbell spoke in opposition to Conditional Use Permit No. 90-32(R) and gave reasons in opposition including noise levels, a door remaining open which effected residents, broken bottles and trash in the area, and the proximity of Mr. Hopkins' residence to the business. ESS 02/20/96 - City Council/Redevelopment Agency Minutes - Page 11 Councilman Garofalo presented reasons for his appeal and why he believed his appeal should be approved. Councilwoman Dettloff spoke regarding the issue stating that she believed Council would be hard pressed to deny the appeal; that all of the facts may not have been presented at the Planning Commission meeting. Councilmembers Bauer and Harman presented reasons why they did not believe the approval would prove compatible with the area. There being no one further to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Garofalo, seconded by Dettloff, to approve the Staff Recommendation to overturn the Planning Commission's action by approving the modification to Condition of Approval No. 2 for Conditional Use Permit No. 90-32(R) with findings and conditions of approval as outlined in Attachment No. 10 to the Request for Council Action dated February 20, 1996. The motion FAILED by the following roll call vote: AYES: Dettloff, Garofalo NOES: Harman, Bauer, Sullivan ABSENT: Leipzig, Green The motion failed which resulted in the Planning Commission denial being upheld. Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Bauer) Replacement of Television Equipment for Channel 3, Deferred Maintenance Program at Various Locations, WSC-011, Reject Bids and accept bid submitted by Public Works Department Water Division for Deferred Water Meter Replacement Program - WSC-012, and County Taxes Assessed to Beach/Park Facilities Amendment to Community Services Budget for fiscal year 1995/96. Consent Calendar - Items Approved On motion by Garofalo, second Dettloff, Council approved the following consent calendar items, as recommended by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, NOES: None ABSENT: Leipzig, Green, (Garofalo out of room) Page 12 - Council/Agency Minutes - 02/20/96 (City Council/Redevelopment Agency) Minutes Approved And Adopted - Approved and adopted minutes of the Council/Agency adjourned regular meetings of December 12, 1995 and December 25, 1995 and regular meeting of December 16, 1995 as written and on file in the Office of the City Clerk. (City Council) Final Tract Map No 14652 - Subdivision Agreement Portion Of Tentative Tract Map No. 14134 - Subdivision Agreement - SE/Seapoint Street And Palm Avenue Surfcrest South Seacliff Partners - Approved (420.60) - Approved Final Tract Map No. 14652, portion of Tentative Tract No. 14134, accepted the offer of dedication and improvements and bonds pursuant to the finding that Final Tract Map No. 14652 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. 14134 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. B96-013217, Labor and Material Bond No. B96-013217, and Monument Bond No. B96-013218; that requirements 3(a) through 3(d) 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) Resurfacing Of Nine Residential Streets Giarc Lane over Circle Parker Circle - Camel Circle - Lamar Drive - Ross Lane - Fairlane Circle - Susan Lane - Hazelbrook Drive - Plans And Specifications - Call For Bids - MSC-382 - Approved (600.50) - Approved the Bid Proposal and Specifications, authorized the Public Works Director to solicit construction bids, and approved the Sample Construction Contract subject to award of contract to lowest responsible bidder. (City Council) Announcement Of Public Hearing Scheduled For March 18 1996 Increase_ Parking Rates For Passes Meters Zones And The Parking Rates In The Downtown Parking Structure - Approved (340.20) - Approved the following announcement of the plan to increase the parking rates for passes, meters, zones, and for the downtown parking structure: "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 Monday, the 18th of March, 1996, for the Purpose of amending the city fee resolution by amending the 1996 parking rates for parking passes, meters, zones, and the downtown parking structure." 02/20/96 - City Council/Redevelopment Agency Minutes - Page 13 "All citizens are invited to attend and provide. the City Council with written and oral comments of support or opposition and ask questions concerning the amendment ofthe city zones fee and the resolution by amending the 1996 parking rates for parking passes,meters, downtown parking structure. Written communications to the City Council also may be mailed to the City Clerk." The City is proposing the following: Making the rates for parking meters and zones (business, recreation, residential) all $1 per hour. The business zone is already $1. The current residential zone is 75¢ per hour. The current recreational zone is $1.50 per hour. Also included is a proposed increase of the beach parking pass. The current regular beach pass is $50 per year. The proposal is to increase it to $60. The current senior pass is $20. The proposal is to increase it to $25. Also included is a proposal to change the Main Promenade Parking Structure fee from a flat rate of $2 per day through the week, $3 per Y on weekends, and (90) ninety minutes of free parking,_to a $1 an hour rate with two hours of free parking with validation." "Interested persons may contact the Community Services Department (Ron Hagan, 536-5291) for additional information. All interested persons are invited to attend said hearing and express their opinions for or against the amendment of the city fee resolution by amending the 1996 parking rates for parking passes, meters, zones, and the downtown parking structure." Cit Council) Bid Award Deferred Maintenance Program - Pipe Painting- Coating Of Bridge Crossings A J. Fistes Painting Company - WSC-013 -Approved (600.75) Accepted the low bid in the amount of $69,765.00 submitted by A. J. Fistes Painting Company, e Painting and Coating of the lowest responsible bidder for Deferred Maintenance Program, Pipe Bridge Crossings; Water Service Contract 013 (WSC-013); authorized the Mayor and City Clerk to execute the contract in the amount of $69,765.00, and authorized the encumbrance of an additional $7,000.00 for construction contingencies. (City Council Additional Used Oil Rec clip Centers In Huntin ton Beach - Application For State Grant Funds Use Of ORICOM Group As Private Company To Carry Out Program Resolution No 96-11 -Adopted (340.80) - Adopted Resolution No 96 11 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ON BEACH A USED OIL MAKE APPLICATION FOR GRANT FUNDS FORTHE ESTABLISHMENT OF COLLECTION CENTER." Approved an application for State grant funds to establish and maintain a comprehensive Community Oil Recycling Program; approved the use of the ORICOM Group as the private company to carry out this program for the city; and directed staff to return with a contract with ORICOM if the grant is approved. Page 14 - Council/Agency Minutes - 02/20/96 (City Council) Intersection Improvement - Warner Avenue And Pacific Coast Highway - Plans And Specifications - Call For Bids" CC-1012 - Approved (600.50) - Approved the plans and specifications for the traffic signal modification at Pacific Coast Highway and Warner Avenue, CC-1012; authorized the Public Works Director to advertise the project; approved the sample construction contract, subject to award of contract to Council approved lowest responsible bidder; and approved the purchase of traffic signal poles, mast arms and luminaire mast arms for this construction project. (City Council) Deferred Maintenance Program At Various Locations - No Bids Received From Outside Contractors - Public Works Department To Perform Work - WSC-011 - Approved (600.75) The City Council considered the agenda communication from the Public Works Director, dated February 20, 1996, regarding the deferred Maintenance Program at various locations, WSC- 011. The agenda item was removed from the consent calendar by Mayor Pro Tern Bauer. Councilman Bauer asked if there were some slots where employees that might be laid off might be placed. The City Administrator reported that these items were funded from the water fund. In response to Councilman Harman, the Public Works Director reported on some of the reasons some contractors had stated that they did not bid on this type of job. The possibility of using contract employees was questioned by Councilman Harman and the Public Works Director stated he would check with the Personnel Department. A motion was made by Leipzig, seconded by Dettloff, to authorize the Public Works Director to perform the work specified in WSC-011 using Water Division forces, as the only responsive bidder; authorize the Public Works Director to acquire the additional equipment required to do the work using a lease/purchase process. The City Council will review and approve all agreements in this process; and authorize the Public Works Director to hire three additional employees (one work crew) to perform this work. The positions requested are Leadworker Water Construction (1), Equipment Operator Heavy Duty (1), and Serviceworker (1). These employees would remain on staff for performance of this work only over the course of the ultimate ten-year program. Their assignment at completion of this project will be determined at that time. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Dettloff, Green NOES: Sullivan, Garofalo ABSENT: None 85 02/20/96 - City Council/Redevelopment Agency Minutes - Page 15 (City Council) Rejected Formal Bids - Accepted Bid Submitted By Public Works Department Water Division - Deferred Water Meter Replacement Program - WSC-012 - Approved (600.75) The City Council considered the agenda communication from the Public Works Director dated February 20, 1996 regarding deferred Water Meter Replacement Program, WSC-012. The agenda item was removed from the consent calendar by Mayor Pro Tem Bauer. A motion was made by Leipzig, seconded by Dettloff, to reject all formal bids received by private contractors and accept the low bid submitted by the Public Works Department Water Division as approved in the fiscal year 95/96 Operating Budget; authorize the Public Works Director to perform the work using Water Division forces and six local participants in the Summer Youth Program; authorize the Director of Public Works to refill one vacant Water Meter Repair Worker position to oversee the Summer Youth Program participants; and continue in the Deferred Water Meter Replacement Program over its ten year life span. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Dettloff, Green NOES: Sullivan, Garofalo ABSENT: None The Public Works Director was strongly encouraged to investigate the use of contract employees on these two projects. (Deferred Maintenance Program at Various Locations and Deferred Water Meter Replacement Program.) City Council) Replacement Of Television Equipment for Channel 3 - Approved (320.20) The City Council considered the agenda communication from Deputy City Administrator Barnard, dated February 20, 1996, regarding replacement of Television Equipment for Channel 3. The agenda item was removed from the consent calendar by Mayor Pro Tern Bauer. A motion was made by Councilman Bauer to amend the Recommended Action so as not to buy a remote truck until the Council knows what the Budget will be. Deputy City Administrator Barnard reported. Councilman Garofalo requested that Mr. Barnard prepare information as to how the revenue will be generated to pay for the remote truck. Deputy City Administrator Barnard stated $70,000 in revenue would be generated. Councilman Bauer withdrew his motion. Page 16 - Council/Agency Minutes - 02/20/96 A motion was made by Garofalo, seconded by Green, to appropriate $27,960 from the Cable Fund balance into the Channel 3 capital account for replacement of broken and unreliable equipment as shown in Attachment A to the Request for Council Action dated February 20, 1996. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Harman, Leipzig ABSENT: None (City Council) County Taxes Assessed To Beach/Park Facilities Amendment To Community Services Budget For Fiscal Year 1995196 Continued For Legal Opinion (320.20) The City Council considered the agenda communication from the Community Services Director dated February 20, 1996 regarding county taxes assessed to beach/park facilities. The agenda item was removed from the consent calendar by Mayor Pro Tern Bauer. The Community Services Director reported on information provided to him on this matter from the city Real Property Division. Deputy City Administrator Franz also reported Councilman Bauer stated that he would like a legal opinion on this issue. A motion was made by Bauer, seconded by Harman, to continue the amendment to the Community Services budget for fiscal year 1995/96 until a legal opinion is received on this issue by the City Council. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None LIM 02/20/96 - City Council/Redevelopment Agency Minutes - Page 17 Cit Council Re uest For Consent For Pending Sale Of Properties In Holl -Seacliff Development Agreement Area -Approved (600.10) The City Council considered the agenda communication prepared , Public oiWorks ntly by the Assistant City Administrator, City Attorney, Deputy City Administrator Community Development Director and Fire Chief cotning a request by Chevron Land sent to the pending sale of the and Development Company for the City Council t provide properties owned by the Huntington Beach Company, Pacific Coast Homes and Seacliff Partners in the Holly Seacliff Development Agreement area to PLC/MS Vickers, L.P. Section 4.2 of the Holly Seacliff Developmendtb Agreement he Development Agreement if thetsale�sltdo a consent to the sale of the properties cover y party not affiliated with the Developer and if all public improvements have not been completed. While significant public improvements have been finished to be completed. mpleted in the Holly-Seacliff will assuelopment me all of Agreement area, substantial improvements remain the Developer's obligations for public improvements and dedications. er The Assistant City Administrator reported. He rpresented aecommento the material ddatioins Ito the n the meeting by the City Clerk. The Assistant City Administrator Recommended Action by staff and provided a copy of same to the City Clerk. At the request of Councilman Garofalo, Chris s, the representative for PLC/MLS Vickers, L.P. addressed Council. Councilman Peter Green arrived at 10:45 P.M. A motion was made by Garofalo, seconded by Dettloff, pursuant to Section 4.2 of the Holly- Seacliff Development Agreement, to approve the request by Chevron Land and Development Company for the City Council to provide consent for the pending sale of properties to PLC/MS Vickers, L.P. with the requirement that PLC will assume all responsibilities for community improvements as required by the Development Agreement; authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights Duties and Obligations by including the additions made by the Assistant City Administrator and contingent upon the City Attorney's approval of the buyers signatures and the recommendation by Keyser Marston Company relative to the Wells Fargo Loan. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: (Leipzig absent) Councilman Vic Leipzig arrived at 10:55 p.m_ ii Page 18 - Council/Agency Minutes - 02/20/96 (City Council) 800 MHz Countywide Coordinated Communications System Joint Agreement -Approved, (600.40) The City Council considered the agenda communication prepared jointly by the Police Chief, Fire Chief, Deputy City Administrator Franz, Community Services Director and Public Works Director informing Council that the 800 MHz City Managers' Committee and the County have agreed to the updated 800 MHz Countywide Coordinated Communications System Joint Agreement. The City Administrator and Police Chief reported. The Police Chief presented an extensive report on the proposed communication system. At the request of Councilman Harman, Deputy City Administrator Franz reported on the communication in the packet regarding the unfunded amount of $4,000,000. Deputy City Administrator Franz reported that bond financing and Certificates of Participation was a possibility. The Police Chief, at Councilwoman Dettloff's request, reported on the consequences if the city does not become a part of the county -wide system. The Fire Chief reported on the need for a totally coordinated system. A motion was made by Garofalo, seconded by Leipzig, to approve the 800 MHz Countywide Coordinated Communications System Joint Agreement for the Implementation and Operation of the Orange County 800 Megahertz Countywide Coordinated Communications System which reflects language changes recently approved by both the 800 MHz City Managers' Committee and the County and authorize the Mayor and City Clerk to execute the agreement. The motion carried by -the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Joint Agreement Of The County Of Orange, The Official Pool Participants' Committee And Each Option A Pool Participant - Resolution Of Claims Against The County Of Orange ("Joint Agreement") -Approved (600.40) The City Council considered the agenda communication from the City Administrator transmitting the proposed Joint Agreement for Resolution of Claims against the County of Orange. 89 02/20/96 - City Council/Redevelopment Agency Minutes - Page 19 Following a report by the City Administrator and the City Attorney, a motion was made by Harman, seconded by Garofalo, to approve and authorize the Mayor to execute the Joint Agreement. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Traffic Impact Fee Credit And Reimbursement Agreement Between The City And Seacliff Partners- Tentative Tracts Nos. 14134 And 14135 - Holly-Seacliff - Seapoint Extension - Ellis Avenue Widening - Edwards Street Widening - Approved (600.10) The City Council considered a communication from the Public Works Director informing Council that pursuant to the conditions for Tentative Tracts No. 14134 and 14135 and the Holly-Seacliff Development Agreement, the developer, Seacliff Partners is required to develop three arterial highway projects, and the City is required to credit/reimburse the developer with traffic impact fees for that work. Councilman Harman requested information as to how incremental trip is figured; also who decides which project begins .first. City Engineer Eichblatt stated that the Public Works Director makes this decision with the approval of the City Council. The City Engineer also reported on the issue of developer credits and city interest to be paid as well as the phasing of street improvements. A motion was made by Garofalo, seconded by Dettloff, to approve and authorize the Mayor and City Clerk to execute the Traffic Impact Fee Credit and Reimbursement Agreement between the city and Seacliff Partners for widening of Edwards Street between Ellis Avenue and Talbert Avenue; and the widening of the north side of Ellis Avenue between Edwards Street and Goldenwest Street; and Seapoint Extension. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Agreement - Legal Services - Kinkle Rodiger And Spriggs - Susan Newman v. City Of Huntington Beach - Approved (600.10) The City Council considered the agenda communication from the City Attorney informing Council of the need to hire outside counsel to defend the city and its employees in the matter of Susan Newman v. the City, et al., OCSC No. 758772. g0 Page 20 - Council/Agency Minutes - 02/20/96 The City Attorney reported on Errors and Omissions Insurance and stated that the firm of Kinkle, Rodinger and Spriggs will not be paid until they have submitted proof of Errors and Omission Insurance in an amount accepted by the City Attorney's Office. A motion was made by Harman, seconded by Green, to approve and authorize the Mayor and City Clerk to execute the Agreement between the city and Kinkle, Rodiger and Spriggs, a law corporation, for Legal Services to handle the defense of the city and its named employees in the matter of Susan Newman v. the City, et al, OCSC No. 758772, at an hourly rate of $135.00. An amendment to the motion was made by the City Attorney, accepted by Councilman Harman the maker of the motion, that the firm of Kinkle, Rodiger and Spriggs, will not be paid until they have submitted Errors and Omission's Insurance in an amount accepted by the City Attorney's Office. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Consideration Of A Mechanism For Responding To Human Relations Issues - Formation Of Council Committee -Approved (120.25) The City Council considered a communication from Councilwoman Dettloff, dated January 14, 1996, requesting Council to form a committee to examine human relations issues. Councilwoman Dettloff reported on her recommendation. She read a letter from a college student regarding her fear of visiting the city she once loved. Councilwoman Dettloff requested that as the first priority when meeting with Mr. Kennedy of the Orange County Human Resources Commission be to explore the use of the commission as an avenue to solving Human Relations problems in Huntington Beach. She also requested that the city pay dues to the Human Resources Commission as do other cities. A motion was made by Dettloff, seconded by Green, to approve the formation of a Council Committee made up of hvo Councilmembers, the Police Chief, and a representative of the High School District to examine the issue and make recommendations to the Council on options for the city in dealing with human relations problems in Huntington Beach. Councilmembers Bauer and Dettloff were appointed to the Council Committee. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None 91 02/20/96 - City Council/Redevelopment Agency Minutes - Page 21 (City Council) Establishment Of City Task Force To Deal With "Gang Houses" - Approved (110.10) The City Council considered a communication, dated February 12, 1996, from Councilman Harman requesting Council to establish a city Task Force to deal with "gang houses". Councilman Harman reported on the recommendations. Councilman Garofalo stated that he would like to use Councilmember Harman and Garofalo's liaison to Neighborhood Watch to implement Councilman Harman's recommendations. The Police Chief reported at the request of Councilman Garofalo. He referred to a new Police Department pamphlet and commended Police Officers Perez, Shields and Ford for their hard work. In response to Councilman Garofalo's question regarding the feasibility that Neighborhood Watch could implement this program, the Police Chief reported. Councilman Bauer spoke regarding the Safe Streets Now Program and requested that this program be much more publicized. Councilman Harman stated that he had in mind a Task Force which would coordinate the Police Department, Code Enforcement and City Attorney resources. Following discussion, a motion was made by Harman, seconded by Garofalo, to direct the City Administrator to establish a task force of city employees who will adopt and implement a program to eradicate "gang houses" located within the city, and direct the City Administrator to report back to the City Council, within 30 days, concerning what progress has been made in the implementation of such a Task Force. The motion carried by unanimous vote. (City Council) Huntington Beach Swap Meet - Request For Assistance - Amend Business License Fee Ordinance - Continued To February 26, 1996 (340.30) (City Council_) Opposition To County Ballot Measure S - Which Opposes A Commercial Airport on El Toro Marine Corps Air Station Site - Resolution No. 96-10 - Continued To February 26. 1996 (640.30) - Resolution No. 96-10 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING MEASURE S." 92 Page 22 - Council/Agency Minutes - 02/20/96 (City Council) Resolution No. 96-12 - Supporting Renewal Of Offshore Oil Drilling Moratorium And Federal Legislation To Provide Long -Term Protection From Offshore Oil Drilling - Appoint City Representative To Serve On Coalition Of California Cities And Counties - Continued To February 26, 1996 (640.50) - Resolution No. 96-12 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING RENEWAL OF THE OFFSHORE OIL DRILLING MORATORIUM AND FEDERAL LEGISLATION TO PROVIDE LONG TERM PROTECTION FROM OFFSHORE OIL DRILLING." (City Council) Agreement With County Of Orange - For Federal Beach Erosion Control Project - Stage 10 - Army Corps Of Engineers - Continued To February 26, 1996 (AA600.25) (City, Council) Ordinance No. 3322 - Purchasing Ordinance Regarding Acquisition Of Equipment - Authorizes Chief of Administrative Services to Enter into Lease And Purchase Agreements - Continued To February 26, 1996 (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS 3.02.050 AND 3.02.060 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING THE ACQUISITION OF SUPPLIES, SERVICES AND EQUIPMENT." (City Council) Continued from February 5, 1996 - Ordinance No. 3323 - Personnel Commission Term Limit- Continued To February 26, 1996 (110.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS 272.060 AND 2.100.060 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING THE TERM OF THE PERSONNEL COMMISSION." (City Council) Change Starting Time Of Business And Public Comments (Televised) Portion Of City Council Meeting - Deferred To March 4, 1996 (120.10) 93 02/20/96 - City Council/Redevelopment Agency Minutes - Page 23 ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 12:20 p.m. to Friday, February 23, 1996, from 7:30 a.m. to 9:30 a.m., at McDonnell Douglas, 5301 Bolsa Avenue, Huntin ton Beach, Califor ia. ATTEST: 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