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HomeMy WebLinkAbout1996-04-15MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Huntington Beach, California Monday, April 15, 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, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Absent: None (City Council) Study Session - Review Of The Fourth Of July Police Tactical Plan (960.30) A Slide Report from the Police Department received April 15, 1996 was distributed together with a staff report titled The 1996 4th of July Plan Overview. Police Chief Lowenberg introduced Lieutenant Jon Arnold. Lieutenant Arnold presented a slide report of the Fourth of July Tactical Plan. He referred to the April 10, 1996, July 4th Overview contained in the Study Session material provided to Council in their Council packets. Discussion was held between the Council, Lieutenant Arnold, and the Police Chief including plans to coordinate with Rainbow Disposal for refuse pickup prior to July 4th as well as dealing with locations in the downtown area known to be problems areas. Further discussion was held regarding preventative measures. (City Council) Study Session - Discussion And Update From The Council Committee On The Park/Beach Improvement District Alternatives (120.25) The following late communications were distributed to the City Council: Comments About Park Improvement District from Councilman Ralph Bauer, dated April 12, 1996, and a communication to the Mayor and City Council from Councilman Dave Garofalo titled Youth Sports, Etc., and a memorandum to the City Council, dated April 15, 1996, from Michael Green regarding the Sports Facilities Development Proposal. Councilman Bauer referred to his memorandum and stated that the cornerstone of his proposal was getting the youth sports proposal as soon as possible. Councilman Garofalo referred to his communication and read from the page of the communication titled Recommend Procedure/Steps to Accomplish a Successful Ballot Measure and Development of Sports Facilities. Page 2 - Council/Agency Minutes - 04/15/96 Councilman Harman stated he did not have a fixed plan in mind; that he would like to return the Youth Sports Proposal to the ballot this November, rather than 1998 or an earlier election ballot. Councilman Garofalo spoke regarding a two part vote relative to Measure C and the proposed assessment district. Councilman Green stated that he liked the idea in Councilman Garofalo's communication relative to analyzing the option of an adult softball complex at Huntington Central Park thus freeing up Edison, Murdy, and Worthy Parks for youth sports complexes. Discussion was held. Councilman Leipzig stated that he believed the City Council failed to provide a sufficiently detailed financial plan for Measure GG (March 26, 199E ballot) and that it must be done to convey information to the public. He stated that he would like to encompass all needs, seniors and youths, and if any is dropped from what had been on the last ballot, that it be the beach improvements. Councilwoman Dettloff urged that a consensus be reached by Council. Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency to consider the following closed session items: Closed Session - City Council pursuant to Government Code Section 54957.E 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 Donald D. Walker v. City of Huntington Beach, Orange County Superior Court Case No. 74 89 97, Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiators, Michael Uberuaga and Ron Hagan, regarding negotiations with H."B.P.O.A. concerning the lease of the property located at 18221 Gothard. Instruction will concern price and terms of payment. Subject: H.B.P.O.A. Lease of Gun Range ;20G 04/15/96 - City Council/Redevelopment Agency Minutes - Page 3 Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chambers. City Council/Redevelopment Agency Roll Call Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Absent: None Pledae Of Alleaianee And Flag Ceremony The Pledge of Allegiance was given by Girl Scout Troops 559 and 1117 from Stoddard Elementary School in Anaheim. These scouts are visiting our city as part of the Adopt -A - Beach program. Invocation Invocation was given by Father Gus, Associate Pastor of Saints Simeon and Jude Church. Presentation - By Mayor Dave Sullivan to Elaine Craft, Arbor Day Coordinator, proclaiming April 21, 1996 as Earth Day/Arbor Day. Ceremonial tree planting of an Australian Willow ("Myrtle Agonis Myrtaceae") will take place at the Huntington Beach Newland House Museum Gardens on Sunday, April 21st. Presentation - By Mayor Dave Sullivan and Jessica Fabrizio of the Egbar Foundation of a $500 check to each of the participants of the Adopt -A -Beach program. Tim Turner, Beach Crew Leader introduced the participating groups. CMHS Annex and Goldenwest College California Scholarship Federation Divers Involved Voluntarily in Environmental Rehabilitation and Safety Huntington Beach Council On Aging Mesa View Middle School YMCA Indian Maidens Westminster High School Grad Night Cub Scouts Pack No. 282 Fountain Valley High School - FHA Cub Scout Pack No. 470 College View Elementary School West Grove Pony Baseball Diagnostic Medical Ultrasonographers Dwyer Middle School Girl Scouts of Orange County Bolsa Chica Land Trust Huntington Harbour Garden Club Announcement Of Late Communications By The Cit Clerk Pursuant To The Brown Act The City Clerk announced the following late communications which were received, distributed to Council, and available at her desk or in her office Tuesday morning. -110 7 Page 4 - Council/Agency Minutes.- 04/15/96 Slide Report From the Police Department, received April 15, 1996, titled Study Session No. 1 and a staff report titled 1996 4fh of July Plan Overview Communication from Councilman Dave Garofalo regarding Study Session No. 2 Youth Sports - Senior Services - Park Beach Improvement District Communication from Councilman Bauer regarding the Park Beach Improvement District, dated April 12, 1996 Communication from Michael Green regarding the Park Beach Improvement District dated April 15, 1996 Communication from the Amigos de Bolsa Chica, dated April 15, 1996, submitting recommendations regarding the Linear Park Communication from Mary Jane Wiley, Huntington Beach Fountain Valley Association of Realtors, dated April 15, 1996, requesting Council to keep the deed restrictions Communication from the Community Services Director, dated April 11, 1996, regarding the Art Center Preliminary Operating Agreement and Funding Public Comments Lou Mannone, Huntington Seacliff Homeowner's Association representative, informed Council that the Association had voted to support the Agenda Item relative to the renaming of Clay Avenue to Summit Drive from Goldenwest Street to Seapoint Street. Carolyn Hunt, Olympic Torch Relay Celebration Committee representative, thanked Council for their support of the Olympic Torch Relay Celebration. Anna Friesen, Allied Arts Board representative, thanked Council and staff for their work in putting together the Art Center Preliminary Operating Agreement and Funding which was scheduled as an item on this agenda. Phil Mosbo told Council the story of a young man whose entire life had been changed from one cf trouble to a better life through arts programs. He spoke in support of the Arts Center Agenda Item. Harold Schechter, Council on Aging President, announced the award presented to the Council on Aging and introduced Mrs. Saltman who spoke regarding the Outreach Braille Institute Program and the help it had given her husband. Jack Mallinckrodt spoke regarding what he believed to be harassment by the city relative to the Mello lawsuit. At the request of the City Administrator, the City Attorney clarified the lawsuit issue. Mr. Maliinckrodt stated that this helped to clarify the issue. 04/15/96 - City Council/Redevelopment Agency Minutes - Page 5 Mary Ellen Houseal, Arts Center Foundation member and a member of the negotiating group, spoke in support of the recommended action on the Arts Center Agenda Item. She stated that the Art Center is doing wonderful things with the children and the Center appealed to all groups. Nancy Harris addressed Council regarding the public hearing item on the Harriett Wieder Regional Park (Bolsa Chica Linear Park) Deed Restrictions. She informed Council of her opposition to the proposed plan by Council to build tot lots and other on -going maintenance items. Mark Porter, Huntington Beach Tomorrow representative, addressed Council regarding the Agenda item relative to the construction and soil analysis of the Gun Range at Huntington Central Park and requested that the range be relocated away from Central Park. The City Administrator announced that staff was recommending deferral of this Agenda Item to a later date as negotiations have not been completed with the Police Officers' Association. Steve Schwartz, past member of the Allied Art Board, spoke in support of the Agenda Item regarding Art Center funding. He presented articles from the Los Angeles Times and Orange County Register Newspapers regarding the successful Reach Out Festival, held at Westminster Mall, in which the Arts Center was involved. Mr. Schwartz also presented details of the program. Pat Guidotti, new member of the Arts Center, requested Council support of the Agenda Item on the Arts Center Funding and stated the commitment to raise $150,000 for next year. Chloe Molnar, Huntington Beach Art Center representative, spoke regarding the Outreach Programs to the schools and stated there cannot be a civilized society without the arts. Brett Harris spoke in support of continuation of the Arts Center. John Hoist stated that as a student working at the Art Center. He had been provided with valuable work experience. Rochelle Fisher, Huntington Beach Art Center representative, stated her support of the Art Center and the dedicated staff. Ms. Fisher stated that the Art Center was becoming an important part of the city and its future. Virg inia Alleman stated that she was very supportive of the Arts Center as the city had needed an arts center for many years. Madeleine Andor thanked Councilman Harman for his efforts in pressing the state to return money taken from the city. She stated that the city budget contained four positions for graffiti removal when one position and volunteers could do the work. She stated that volunteers are ready to help in the city but are not asked. She addressed Council regarding the need to get the city's money back from the state and stated that she would be glad to help; that our young peoples' future is being robbed. Ernie Cushing spoke in support of senior services including the Meals on Wheels Program and senior citizen transportation. . -2o s Page 6 - Council/Agency Minutes - 04/15/96 John Jankowski, Council on Aging Board Member, thanked Council for all the services to seniors. He stated that he believed the city had a fine supportive Council. He informed Council of the service provided to his 92 year- old sister. Bill Ward presented reasons for his request that the Council settle the lawsuit relative to the Mello Case. Erik Hanna stated his support for maintaining the Arts Center in addition to maintaining other city amenities_ Buck Marrs, Seacliff On the Greens, Security Chair for the Club Series, stated he represented over 400 homeowners. He informed Council that traffic on Seapoint Street was increasing. He updated Council regarding the boom boxes, trash, and use of the regional park as a bathroom. He requested that the curb be painted red but that the Public Works Department had stated that Council had been polled and did not want it. Mr. Marrs stated the increase in truck traffic and that he had requested the Public Works Department to put "not a truck route" signs on each side of the street. Councilman Garofalo stated that if Mr. Marrs does not hear within the week, that he get in touch. Councilman Bauer requested that citizens bring issues before Council; that the Council has not been polled as it is not appropriate. Councilman Harman stated he had not been polled and he believes red curbing is appropriate, also that he would like truck postings looked at. The City Administrator stated that he will follow up with the Public Works Department; that staff did not poll the Council. The Public Works Director was directed to schedule a meeting regarding all the issues brought up by Mr. Marrs and the Public Works Director will follow up. Clare Hansen, Friends of the Children's Library representative, stated that she was representing 400 people who frequent the library on a weekly basis and who vehemently oppose parking meters for reasons including safety. She stated that leaving children in the library to feed meters on an hourly basis while corralling youngsters from the street or leaving them unatter red in the library are both very dangerous situations. Ruth May Siegrist, Friend of the Children's Library representative, urged Council to oppose installation of any more parking meters at the library. Ms. Siegrist presented a petition signed by approximately 300 persons in opposition. Linda Light, Literacy Volunteers of America - Huntington Valley representative, stated that accessibility to the library was critical and that it would be shortsighted to have more parking meters as it would turn it into an institution for the elite. She stated that many, but not all volunteers, would be happy to pay parking meters while volunteering. Caroline Sprague, Library Patrons Board representative, stated she wished to echo other person's statements. Ms. Sprague stated that parking meters would keep families, senior citizens, young children from entering the doors of the library. 210 04/15/96 - City Council/Redevelopment Agency Minutes - Page 7 Caryl Harvey, Friends of the Library representative, stated that their programs are not fund- raisers but are a public service. She stated that over 300 persons had signed a petition in opposition and handed the petition to Council. Clarification Of Public Hearing.- Public Comment Procedure - CityClerk And City Attorney Discussion was held regarding a procedure by which young people could speak on the public hearing regarding the Linear Park at this time due to the late hour, rather than waiting until all the public comments were made. The Council determined that young persons would be allowed to speak at this time; however they were informed by the Mayor that they would miss the presentation on the Linear Park item. Public Comments - Harriett Wider Regional Park (Bolsa Chica Linear Park) Public Hearing Item A motion was made by Bauer, second Dettloff, to hear those members of the public wishing to address Council relative to the public hearing on Harriett Wieder Regional Park (Linear Park, Bolsa Chica Linear Park) Deed Restrictions and Neighborhood Park Facility Issues. The Council agreed by concurrence. Pablo Pappano spoke regarding the meeting of residents at his house and their efforts to distribute petitions gathering signatures of residents in favor of an active park. He urged Council to vote yes for an active park to give the kids a safe place to play. Ann Drysdale stated that as a past Olympian, she believed it was beneficial for the children to have a place to play and develop; that the older people would like to see the children in a park rather than playing on the streets. Jonathan Grossman stated his daughter had to go home as it was past her bedtime, and on her behalf, he was requesting Council to approve an active park. He stated that he believes some of the people opposed to an active park have raised their families, however, for the residents who have young children, an active park is needed. Jocelyn Fee addressed Council in favor of a park for the children which would contain basketball hoops swings and slides. Chad Imarah spoke in support of an active park. He stated that he had learned it was to be passive but had not been asked his opinion. Michael Madaria a informed Council that he would like a passive park; that even though his mom agrees, he made his decision independently. He gave reasons why he believed it should be passive and children should learn nature. He questioned safety and asked how kids would cross a street; a crosswalk causing car exhaust; and that the county plans on poisoning animals. He questioned what will happen when a kid gets hit crossing a street or attacked by a coyote. He stated why he believed the petition was presented in a biased manner. ;2 1 1 Page S - Council/Agency Minutes.- 04/15/96 Taylore Gallahair stated that children need some place to go beside the street and the park could be for all ages. Shayne Fee addressed Council and stated that it was not that he and his neighbors wanted an active park, it was that they needed one. He stated that the active park would be only a small portion of the park area and that he believed those residents opposed an active park in their back yard. He stated that a majority of people in the Estates and Seacliff areas were not notified in 1994. Chelsea Fee stated that the park will make the streets more safe and a kid won't have to be hit before it is realized a park is needed; that there are too many kids in her neighborhood to play on the street and that there is a lack of grass area. Alexis Wall spoke in support of an active park due to kids playing in the street and almost getting hit by cars; that kids have rights, and that protecting wildlife is not more important than keeping a kid from being hit by a car. She stated that she did not believe the beach was a playground and that a park was needed. Carlo Pappano requested an active park as he does not want one of his friends to get hit by a car going by; that they do not like to have to move over because of cars going by; and that he does not believe any of the plants are native. Grant Gerhart spoke in support of an active park as there is no place to play football or a safe place to play hockey; cars can be dangerous. Chris Rogaila spoke in support of an active park for the use of his sisters and brothers for a playground and for safety. Randi Roqalla spoke in support of an active park as riding bikes on the street is not safe. Kyle Biebeshheimer addressed Council regarding the deterioration of Wieder Park; its use as a dumpsite for sofas, refrigerators, etc., in this area. He stated that some of the plants and animals are not native; they have been brought in over 100 years ago in the westward expansion. He stated that kids, especially young kids, cannot get to other parks and parents do not want young kids riding bikes down Edwards Hill as it is not safe for them. He stated many children have been nearly hit by cars as they are too young to realize the danger of playing in the street and it is not their fault. He asked if it was fair to have these kids running around in the streets doing what they do, just harmless playing and is it fair to them not to have a place to go to. He stated we are all responsible if not liable for the welfare of these children. Brooke Jimenez spoke in support of an active park as it would be much safer and more fun to play in, as the only place to play is the street, which is not very safe. Continuation Of General Public Comments Linda Kaye spoke regarding the value of mobile homes in the city due to the stabilization of the city's demographics. 212 04/15/96 - City Council/Redevelopment Agency Minutes - Page 9 Kiki Shaver, Patron and Friends of the Children's Library member, spoke regarding all the activities at the library and urged that parking meters not be installed. Councilman Garofalo asked Ms. Shaver to please help the city find a solution to the problem of the $4,000,000 shortfall and could she come back in six months with a solution, to which Ms. Shaver agreed. Wade Hawley spoke in opposition to parking meters at the Art Center as it would impact the Main Street Library. He stated that people will park along Gothard Street and other places if meters are installed at the Central Library. He requested that Council appoint a committee of Council and library persons. The Mayor requested that the two Council liaisons be contacted for a meeting. Dorothy Silverman, member of the Library Board of Trustees, thanked Council for listening. She urged Council to re -think the plan. She spoke regarding the various segments of the population that would be adversely affected. David Atencio, Literacy Volunteers of America, Huntington -Valley representative, informed Council that students they tutor cannot afford parking meters; that it would adversely affect the literacy program. The traffic circle in front of the library would become a real traffic hazard from people trying to dodge the meters and that he feared someone would get hurt. Tom Logan requested that the Mello lawsuit be settled as Mrs. Mello is not in circumstances to continue. He referred to the lawsuits settled by Council some time ago for $280,000 which he believed involved members of the Police Department. He requested a dignified solution be found. Alan Beek spoke regarding the sewage issue and the scheme planned by the California Regional Water Quality Control Board, Santa Ana Region, to use the sewage for dump ponds for migrating fowl and once grandfathered, the entire flow could get easier approval. He stated that this could affect the City of Huntington Beach. He spoke regarding a hearing at the Newport Beach Council Chamber and stated that he would leave a copy of his communication with the city staff and that he could answer questions. The City Clerk was provided with a copy of the communication titled California Regional Water Quality Control Board Santa Ana Region Order No. 96-2 Waste Discharge Requirements for the Irvine Ranch Water District's "Wetlands Water Supply Project" - Orange County. Councilman Garofalo asked the City Attorney a question regarding the Mello lawsuit and she affirmed that the city is being sued. Council Committee/Council Liaison Reports Senate Bill To Allocate One Cent Of Safes Tax To Cities Councilman Harman informed Council he had followed up on the Mayor's letter of support for the Senate Bill that would allocate one cent of sale tax to cities that would raise $222,000,O00 for Orange County alone. ;2 Page 10 - Council/Agency Minutes - 04/15196 Invitation To First Annual Awards For DARE Program Councilman Garofalo announced the first Annual Awards for the DARE Program at Meadowlark Country Club and invited all to attend. City Administrator's Report Vacancy In City Treasurer's Office - Application Procedure Announced The City Administrator announced the vacancy in the elective office of City Treasurer; the announcement flyer was prepared, the deadline to fill the office, and the opportunity for interested citizens to submit applications. Planned Adjourned Council Meeting At Huntington Central Library - Budget And City Council Goals And Objectives The City Administrator announced that a budget and City Council Goals and Objectives adjourned Council meeting would be held on April 29, 1996 at the Central Library. (City Council) Public Hearing - Harriett Wieder Regional Park (Linear Park, Balsa Chica Linear Park) - Deed Restrictions and Neighborhood Park Facility Issues (920.30) The Mayor announced that this was the meeting set for a public hearing for consideration of incorporation of the following restrictions into deeds for parcels of land to be transferred from the City of Huntington Beach to the County of Orange for development as the Harriett M. Wieder Regional Park (formerly the Bolsa Chica Regional Park or the Linear Park): 1. Restrictions that the parcels be held in perpetuity for park use; 2. Restrictions that landscaping on the parcels be restricted to native vegetation; 3. Restrictions on the use of herbicides and pesticides on the parcels; 4. Restrictions requiring completion of a comprehensive survey of archeological sites on the Huntington mesa; 5. Restriction specifying the installation of ranch type fencing along the eastern border of the park to deter adjacent development activities from encroaching on to or disturbing the park area; and 6. Restrictions to minimize grading and landform modification to preserve the natural topography of the site. 7. Restrictions prohibiting the provision of parking areas and paving in the park; and 8. Requirements for a volunteer coordinator to implement a volunteer assisted planting program. In light of recent requests by the surrounding community for the provision of neighborhood park facilities within the Harriett M. Wieder Regional Park, the Huntington Beach City Council is also being requested to give staff direction on the incorporation of minor active park facilities (such as tot lots and open play areas). '214 04/15/96 - City Council/Redevelopment Agency Minutes - Page 11 The following late communications were announced earlier in the meeting by the City Clerk: Letters to Council received from 30 children giving their reasons for being in favor of a park in which to play_ Petition received from approximately 197 residents of the Estates at Seacliff requesting Council approval of an active park with recreational areas at the site across from their community; and to have recreational facilities for all ages and lighting for safety concerns Communication from Robin Robertson in opposition to the deed restrictions Communication from Dr. and Mrs. Richard Dickerson in support of the deed restrictions Communication from Eileen Murphy dated April 2, 1996 in favor of a passive park Communication received March 29, 1996 from the Steering Committee for the Seacliff Coalition requesting all of the deed restrictions agreed upon by Council in 1994 be transferred to the county for all future development on the County Regional Park 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. Bob Fisher, Orange County Director of Harbors, Beaches and Parks, spoke regarding the history of the park since 1976 stating that he believes a park was contemplated back then. Discussion was held between Councilman Bauer and Mr. Fisher regarding how many acres of park have been dedicated. In response to Councilwoman Dettloff, Mr. Fisher stated that the County does not oppose deed restrictions per se, where they differ is including deed restrictions to design a park in a certain way, and presented reasons substantiating this position. Considerable discussion was held between Councilwoman Dettloff and Mr. Fisher regarding the feasibility of phasing of decisions on different parcels. Julie Osugi, Associate Planner, using slides, reviewed the issues involved including Issues considered for Deed Restrictions, Additional Issues Considered for Deed Restrictions, Deed Restriction issues Neighborhood Park Demand Issues, Demands for Neighborhood Park Facilities, County of Orange "Conceptual' Park Node Alternatives and Staff Recommendations. She stated that a restriction should be imposed to hold the parcels in perpetuity for park use. 215 Page 12 - Council/Agency Minutes - 04/15/96 Jim Engle, Beaches, Recreation and Development Division Deputy Director, spoke regarding requests of persons immediately adjacent to the area as there is no neighborhood park and the reason is that in 1979 the city agreed to acquire park property through residential development (Quimby Act). He presented the background of the issue including past actions of past City Councils. He read excerpts from the March 18th City Attorney Opinion on the Quimby Act as it relates to the neighborhood park location. He stated that the city and county are trying to work together to find a compromise to take 100 acres and create a buffer and take six acres for neighborhood park type facilities. Mr. Fisher, using a map, pointed out a schematic of the plan and showed photograph slides. Discussion was held between Mr. Fisher and Councilman Leipzig regarding aspects of phasing. Denny Turner, Orange County Manager of Design, responded to a question of Councilman Bauer regarding the amount of acreage required for the Interpretive Center and for parking and issues related to parking. Councilman Bauer asked if there was financing for a signal south of Garfield Street for children to cross the street. Mr. Engle stated it had not been part of the plan but he would anticipate there would have to be a signal there. Discussion was held between Mr. Fisher and Councilman Bauer regarding what Mr. Fisher believes the Coastal Commission and county may find acceptable relative to deed restrictions. Councilwoman Dettloff presented questions of Mr. Fisher as to whether the use proposed would not be detrimental to the wetlands. Mr. Fisher replied it would not. Councilman Harman asked what was the guarantee that 94% would remain passive. Mr. Fisher stated the county, city and Coastai Commission would have to decide otherwise, which is a stringent burden of proof required to change the plan. In response to Councilman Harman, Mr. Fisher stated $4,000,000 would be taken from the County Parks Budget and that it will cause competition but that the West Orange County area should have priority; he has stated so, he has been listened to, and there is a consensus. Mr. Fisher in response to Councilman Garofalo, recommended that the city urge the county to undertake a revision of the General Development Plan and to prepare a Coastal Development Permit application for a Phase I project, working with the public and city staff and return through the Planning Commission and the County Service Commission as quickly as possible so that there is a plan and project that can compete with other projects and get underway. 04/15/96 - City Council/Redevelopment Agency Minutes - Page 13 Councilman Green on the advice of the City Attorney stated that he would like to make a statement regarding an ex-parte communication relative to an Amigos de Bolsa Chica Board of Directors meeting, at which time four Councilmembers were present. He spoke regarding the fact that the meeting deviated from the published agenda and there was a discussion on the bluff top park. He spoke regarding his feelings relative to the level of sensitivity which placed Councilmembers in this position and he made assurance that no members of City Council contributed to any discussion nor decision that the Amigos de Bolsa Chica made on this matter. The City Attorney, at the request of Councilman Green, reported on the definition of an ex- parte communication; including its effect on the public hearing process where the public and Council must be aware of information relied upon by other Councilmembers in reaching a decision. Councilwoman Dettloff addressed Council and made her presentation regarding this matter and a letter from the Amigos de Balsa Chica which is a part of the City Council review of this meeting and to which there has been access. Councilman Garofalo stated that he and Councilman Green had immediately left the Amigos de Bolsa Chica meeting and weren't aware that there was an issue being debated that potentially would violate the Brown Act. The City Clerk announced the communications which had been announced earlier in the meeting regarding this public hearing as well as the following: Communication from Amigos de Bolsa Chica, dated April 15, 1996, submitting recommendations regarding the Linear Park Communication from Mary Jane Wiley, Huntington Beach Fountain Valley Association of Realtors, dated April 15, 1996, requesting the Council to keep the deed restrictions The City Clerk stated that a copy of the Slide Report made by the Director of the County Harbors, Beaches and Parks Department and the petitions and other material presented under public comments were also available. The Mayor declared the public hearing open. David Porter, Homeowners Association, Board authorized spokesperson, addressed Council in support of Mr. Engle's statements and reaching a compromise. He stated he was speaking on behalf of the children's needs and interests. Frank Pappano, Estates at Seacliff representative, gave reasons for an active park stating that he represents over 200 residents in favor of an active site of 2.69 acres. He stated that the Seacliff Coalition letter, dated March 29, 1996, letter stating they represent the residents of the Estates is not true and is misleading. Mr. Pappano stated that the opposition never polled the community, He displayed a chart showing the homes in the area which have children and which showed the tiny greenbelt area. 217 Page 14 - Council/Agency Minutes - 04/15/96 John Erskine, Estates at Seacliff resident, thanked Council and stated that they were one of the more sensitive Councils to the community. He stated that he hoped a compromise could be reached. He cited his differences with the City Attorney's opinion. Mr. Erskine stated that he believes the majority of the community want tot lot equipment and maybe a one-half basketball court. He recommended that Council get the matrix from Mr. Fisher if they do not already have it. He stated this matrix lists 33 parks and he reported on the amenities contained in these parks. He stated that he believes the neighborhood wants some equipment and exercise facilities. Lisa Stinson, Estates at Seacliff, resident, thanked Council for considering a compromise. She stated that many people in the Estates want and need an active park. Mark Rogoff stated his support for an active park as was promised to them. He stated that he feels it is not only the responsibility of the parents, but also that of elected officials to ensure that kids have a safe environment to play. He stated that if the kids do not play out on the street, they go over to play at Seapoint Street and his son broke his arm out there. He stated that the area is unsafe as there are cliffs and ridges and something should be done as soon as possible to have a safe environment for kids. Judy Schulte spoke regarding the children's need for the parks and how she wants her children to have memories like she had as a child. She stated the experience of her daughter breaking her arm from a fall from the bike, with an adult present, due to noise from a car coming around the comer and scaring her, also her son smashing his finger when he tried to replace a sewer cover when older kids lost a ball down it and failed to replace it. She stated that a city representative informed her that an active park was planned prior to her buying her home. She requested a safe place for their children to play and requested that Council think about what they would do if it were their neighborhood and had small children forced to play in the street. She showed drawings of parks the children had made. Robert Williams stated his disappointment that the staff no longer recommended native planting. He stated that the deed restrictions had been approved by Council and should be in effect, except for failure of a city employee to follow through. Tom Livengood, Amigos de Bolsa Chica President, read the Board memorandum that had been announced earlier in the meeting. He stated the Amigos de Bolsa Chica position. Bob Winchell, Huntington Beach Tomorrow representative, submitted a communication to the City Clerk, dated April 14, 1996 regarding the matter. He reported on what had transpired in 1994. He spoke in favor of deed restrictions and stated that there could be CC & R's (Covenants, Conditions and Restrictions) rather than deed restrictions. He stated they believed it could be properly presented to the Coastal Commission to accomplish the goals they had believed to be involved in that park development. '218 04/15/96 - City Council/Redevelopment Agency Minutes - Page 15 Mark Porter, Huntington Beach Tomorrow representative, spoke regarding his belief that CC & R's (Covenants, Conditions and Restrictions) can be included in property deeded to the county. He stated that the parks which are to be developed in the Holly-Seacliff and Bllis- Goldenwest area are sufficiently close to the Seacliff residents; that use of the Linear Park for conventional park use such as tot lots by younger children will require crossing an arterial highway with high speed car and truck use posing more proximate danger to those children. He stated that the kids and adults referred to Seapoint as a street but as it is now connected to Pacific Coast Highway, it is a highway and creates more of a hazard, light or no light. He spoke regarding what he believed is the responsibility of the Huntington Beach Company and their successors to do something about this problem as opposed to trying to put a park in an area that wasn't planned for a park originally and also that the park presents a hazard for crossing the street by small children to use it. Buck Marrs, Steering Committee Member/Seacliff Coalition, stated the segments of homeowners he is representing. He stated that they had believed this was settled and asked when is a deal a deal? He stated they do not trust the city or county staff and have to trust Council. Mr. Marrs questioned what the point was of going through the deed process; that this park is a diamond in the rough and should not be messed with. He stated that it is a 45 - 70 m.p.h. thoroughfare right now, referring to Mr. Porter's comments. Mr. Marrs showed the area on the chart where the hill curves; that a signal cannot be seen; where children will be in extreme jeopardy whether there is a signal or crosswalk or stop sign. He stated he wanted to go on public record that Council will have the responsibility of putting these people in jeopardy; that people run the signal right now, that the signal cannot be seen. Councilman Green read quotes from Mr. Marr's letter where corrupt city employees were mentioned and requested that they be substantiated. Lois Vackar stated that she lives near Seacliff and that there are many parks now and planned and signals and crossing guards are expensive and perhaps will be needed. She urged that the area remain a natural wildlife area. Juana Mueller stated that she is still in concurrence with the intent, even after listening to speakers. She requested that Council find a substitute for the deed restrictions if the deed restrictions prove a legal problem. She spoke regarding the attributes of the Linear Park which fit in with the entire Bolsa Chica area. Barbara Marrs stated that her points have been well made by Huntington Beach Tomorrow and others regarding deed restrictions. She stated that she believed it is a deplorable situation that residents of Seacliff are pitted against each other. Mrs. Marrs stated that she would never want children not to have a place to play; she requested that Council look long and hard for a place hopefully near their homes. She stated that Seapoint Street is a scary street. 211 Page 16 - Council/Agency Minutes - 04/15/96 Laura Madariaga stated that she believed the park should remain passive. She stated that she had believed the 1994 City Council resolution was in effect. Ms. Madariaga stated that it was an irony that the active park will be behind those who wish the passive park and they will have exhaust fumes not sea breezes. She referred to an April 1st article in the Orange County Register regarding the fact that one of the top priorities of the Federal Environmental Management Agency is the Bolsa Chica. She stated that a busy street should not have an area and parking lot that will breed crime activity. She stated that alternatives that she had thought of, some of which would have made crossing at Garfield Avenue safer, but would have affected wetlands. She requested that the park remain as approved. Rene Mova, Jr. presented photo slides showing that the children have no place to play. He cited the need for a safe place to play. Mr. Moya stated that maybe the issues of speeders should be worried more about. Jim Xanthakis, Vice President of FANS (Friends and Neighbors of Seacliff), stated that he has the same concern for a place for children to play as he is a father of children 8 and 10 years old. He stated that there must be moderation and concession; they are only requesting 6 acres out of 106 which he believes will leave a buffer. Suzanne Beukema, member of FANS (friends and Neighbor of Seacliff), stated that for the record she has the utmost respect for Council and the city staff who are so responsible and do their job. She stated that FANS does not want to see the deed restrictions except for the legitimate restriction of perpetuity. Eileen Murphy stated that the Linear Park should be saved for posterity; that there are many parks in the city; and that the parents take their children for a nature walk on the provided paths in the Linear Park. Councilman Green read a portion of Mrs. Murphy's letter, dated April 2, 1995, relative to the fact that he was on Council in 1990 and had voted on Seacliff's park dedication in 1990 and it was a conflict of interest. He requested that Mrs. Murphy clarify the letter. He asked the City Attorney if he is able to vote on this matter. The City Attorney reported that he can vote. Mark Meyers spoke regarding the $2,000,000 from the county that is no longer available and that there will be less because of the Orange County Bankruptcy. He requested a compromise be reached. Jeff Metzel spoke regarding the homeowners meeting where the Linear Park was discussed and stated that they had voted to keep it a natural park. He stated Council must consider the danger of crossing Seapoint Street and requested they put up traffic lights and reduce the speed on the street or have a lot of kids turned into road kill. He stated that he did not believe the Council or Planning Commission should allow developments without interior green space and that this issue will resurface on the huge area between Palm Avenue and Pacific Coast Highway. -220 04/15/96 - City Council/Redevelopment Agency Minutes - Page 17 Marge Allen spoke regarding today's Times newspaper article which she believes is so applicable to the discussion this evening regarding young people being the greatest number of fatalities in auto accidents and that the article is well worth reading for all considering the proximity of a very busy street to this proposed park. She spoke regarding the vacant lots that she remembered in her childhood. She stated that children's memories will be of nature not playgrounds. Jerry Esposito spoke regarding the sales person who wanted an active park and had told him when he bought his home that it would be passive. He requested that there be no losers and stated that he does not want anyone hurt and that a light will not protect people. He stated that he believed there are workable solutions for active and passive supporters. Clarence Dreier encouraged Council to not allow an active park. He stated that a solution to playing in the street are swing sets, slides and a sand pile in the backyard. Norma Ankerstar, Trail Coordinator for Equestrian Trails Incorporated, stated their continued support for the concept of the regional park and the equestrian trails it will contain. Jan Vandersloot spoke regarding the cost differential that should be considered when Council is making their decision. He stated the Council should not be considering constructing a more expensive park. He requested Council stay by the decision made in 1994. Mr. Vandersloot stated that people will probably be playing and rolling around in reclaimed waste water. Bill Holman stated he had served on the Citizens Advisory Committee from 1989 to 1992 and spoke regarding a resolution adopted in 1992 and read from the action of the meeting. He urged Council to reject the deed restrictions as overly restrictive and not appropriate; however that it should be kept park land in perpetuity. Mr. Holman responded to Councilman Garofalo's question regarding the Huntington Beach Company's dedication of land for the Bluff Top Park, the location of the four other individual neighborhood parks and the history of certain aspects of the issue before Council. Chuck Jones stated his opposition to an active park. He stated that the children in Seacliff are allowed to play with much less supervision than in the past, in his experience. He stated that he believed it was not reasonable that residents such, as he are relegated to a 15 m.p.h. speed limit to be able to overcome what he sees as a parents lack of taking responsibility and that in addition there will now be speed bumps. He stated that an active park would result in the need for a light, crossing guard, etc.; and that the expectation that the children will go across the street and play in the pristine environment they are used to in front of their houses in the Estates is not going to be the case as the same undesirable people mentioned before would find their way there. The City Clerk announced in addition to the previously announced letters, that there were letters listed on the agenda as well as the letter received from Huntington Beach Tomorrow. Mr. Pagano, at the request of the Mayor, stated that the people wanted a place to be able to go, lights for safety concern, one-half basketball court (not lit), a tot lot, opportunity for some play space, field space and possibly picnic tables. '221 Page 18 - Council/Agency Minutes - 04/15/96 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. Discussion was held by Council. Councilwoman Dettloff stated that there are four very important issues; protection of wetlands which can be done with incorporation of tot lots; there is still a passive park and there must be fairness to residents of Seacliff expecting a recreational park; a decision made in 1992 that would be felt not to be upheld if the 1994 decision stands; she does .7ot want development of the park stopped; and that she believes compromise has been met which is depicted on the map before Council. Councilwoman Dettloff stated that she gave great credit to the neighbors who were willing to back off from a very rigid position and to the environmental community who said give us the best you can with a passive park and native vegetation; also thanks to the county officials who have worked with the people of our community and the city since 1988 on this issue. Councilman Green spoke regarding the reasons he believed the type of active park planned is workable; his concem is for toxic runoff to the park which must be addressed in the future. Councilman Leipzig presented a history of the matter including the Citizen Advisory Committee involvement in 1989. He stated that he was the maker of the 1994 motion but he was willing to compromise on what he would call "free play" areas. He stated his concern with the street problem mentioned by the speakers and questioned Mr. Engle, Beaches, Recreation and Development Division Deputy, on the city's position. Jim Engle, Beaches, Recreation and Development Division Deputy Director, reported that crossing the street is a significant concern and spoke regarding other areas of the city where such mid -block crossing occurs; stated that the city knows there will have to be a signal; and that a financial study will have to be made. Councilman Harman gave reasons why he believed it was a good compromise. Mayor Sullivan stated that he believed the motion, when made, should state 95% of the land is to be natural. Councilman Bauer gave reasons why he opposed the staff recommendation, citing soccer, baseball, and similar active areas are not what he heard during the 1992 and 1994 committee meetings. He stated that this is a rare opportunity, which will be missed, to make a proper natural habitat which is also active in the sense that the paths and opportunities for the young people to find out something about nature will be there; that there is plenty of opportunities on school fields for soccer, baseball, and basketball and that the park does not need to be blemished with this activity; that the Interpretive Center is very active and is ample. He spoke regarding a procedure by which CC & R or Conditions of Approval be placed rather than Deed Restrictions which may mean no park at all. 222 04/15/96 - City Council/Redevelopment Agency Minutes - Page 19 Motion To Not Transfer Additional Parcels To The County Until The General Development Plan For The Park is Approved - Motion FAILED A motion was made by Leipzig that Council direct staff not to transfer any additional parcels to the county until the General Development Plan for the park and the development permits for the park have come back and been approved by the City Council and that the City Council urge the County of Orange to revise its General Development Plan and return to the City Council for a revised permit for the park and to encourage the City and County staff to work together to process detailed design for the park including any recreational areas, and to direct staff to impose on parcels to be transferred in the future deed restrictions which require that the transferred parcels be used for park and open space uses only with the intent that the purpose of this park is primarily to serve as habitat value and buffer value to the wetlands below. In response to a question by Councilman Garofalo, Councilman Leipzig replied that his intent is that it be used for park and open space uses only along with a statement of intent; and his intent is to be using language that Mr. Fisher has said will be acceptable. Mr. Fisher addressed Council regarding issues relative to language to be used. The motion made by Councilman Leipzig did not receive a second. A motion was made by Garofalo, second Green, to adopt the following actions: 1. Direct the City Attorney to pursue incorporation of the deed language restricting the City parcels which have already transferred to the County to be held in perpetuity for park purposes only, and to include such language on future parcels to be transferred to the County; and, 2. Direct staff to work with the County to incorporate two play areas into the Harriett M. Wieder Regional Park, with approximately 94% of remainder of park to remain passive through amendment of the Phase 1A Coastal Development Permit, General Development Plan, or other appropriate means as determined by the City, County and Coastal Commission, and, The City Clerk repeated Part 3 of the motion as follows: 3. "Urge County to revise the General Development Plan." Councilman Garofalo asked Mr. Fisher to complete the motion. 223 Page 20 - Council/Agency Minutes - 04115/96 Mr. Fisher stated "and prepare a First Phase Coastal Development Permit Application". He stated that he did not know if it was part of the motion or just understood but it is to reflect this 94% native vegetation approach. Councilman Garofalo concurred. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Sullivan, Dettloff, Green, Garofalo NOES: Bauer ABSENT: None (City Council) Public Hearing - Fee Resolution No. 96-28 Adopted - Amends Community Services Department Fees (340,20) The Mayor announced that this was the meeting set for a public hearing to consider the following: Subiect: Resolution amending the city fee resolution by amending existing fees charged to the public for room rental, adult sports, Junior Lifeguard Program, special events, and filming permits, and by establishing a fee for rental of tables and chairs. Purpose: The City of Huntington Beach is conducting a public hearing at the City Council meeting to solicit community input regarding proposed changes which include increasing the hourly rate for use of rooms at the Senior Center; establishing a fee for rental of tables, chairs and space on the pier, Pier Plaza, and beach parking lot; lowering fees for Art Center events and increasing the fee for Art Center classes; increasing fee for rental of Huntington Central Park amphitheater and for use of the Lake Park barbecue facility; increasing the fee for the annual golf tournament; raising the cost for Santa visits; increasing the adult sports fee for sfo- pitch softball teams; and clarifying the fees for special events and film permits. A detailed report is available in the City Clerk's Office. The estimated amount of increased annual revenue to be raised by the proposed changes is $10,700. Mayor Sullivan declared the public hearing open. There being no one present to speak on the matter and there being no communications received on the matter, the hearing was closed by the Mayor. 224 04/15/96.- City Council/Redevelopment Agency Minutes - Page 21 A motion was made by Sullivan, second Green, to adopt Resolution No. 96-28 - "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 SERVICES OFFERED UNDER THE COMMUNITY SERVICES DEPARTMENT'." (Supplemental Fee Resolution No. 50). The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Administrative Public Hearing - To Hear Protests Regarding Weed Abatement- Street Superintendent To_Proceed „With Abatement (520,80) The Mayor announced that the following public hearing would now be held: Public hearing to hear objections and protests to the proposed removal of weeds, rubbish and refuse upon certain streets, sidewalks, parkways and private property in the city. This hearing is held pursuant to Resolution No. 96-13 adopted March 4, 1996. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Sullivan, second Green, to authorize the Street Superintendent to proceed with the abatement of said nuisance. The motion carried by unanimous vote. Consent Calendar - Items Removed The Agenda Item pertaining to the adoption of the Policies and Procedures Manual for the Down Payment Assistance Loan Program and Acceptance of Loan Agreements for Official Filing was continued to April 22, 1996. Councilman Garofalo stated his abstention on the Agenda Item regarding Council Positions on Legislative Issues. Consent Calendar - Items Approved (Councilman Garofalo's abstention as noted above) On motion by Garofalo, second Green, Council approved the following consent calendar items, as recommended by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None 225 Page 22 - Council/Agency Minutes - 04/15/96 (City Council) Final Tract Map No. 14134 - A Portion Of Tentative Tract Map No. 14134 - (Phase 8) - Surfcrest South - South East Seapoint Street And Palm Avenue - Seacliff Partners - Approved (420.60) - Approved Final Tract Map No. 14134 and accepted the offer of dedication and improvements, and bonds pursuant to the following findings and requirements; Findings for Acceptance: Final Tract Map No. 14134 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Ordinance and Tentative Tract Map No. 14134 conditions of approval as approved by the Planning Commission; offer of dedication and improvements are subject to completion of requirements shown on the tentative map; the City Clerk is instructed to file the bonds with the City Treasurer. (Faithful Performance and Labor and Material Bond B-96-013266 and Monument Bond No. 1396- 013267; instructed the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until Conditions 3a through 3d have been complied with; and approved and authorized execution of the Subdivision Agreement. (City Council) Final Tract Map No. 14653 - A Portion Of Tentative Tract Map No. 14134 - (Phase 7) - Surfcrest South - South East Seapoint Street And Palm Avenue - Seacliff Partners- Approved (420.60) - Approved Final Tract Map No. 14653 and accepted the offer of dedication and improvements, and bonds pursuant to the following findings and requirements; Findings for Acceptance: Final Tract Map No. 14653 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Ordinance and Tentative Tract Map No. 14653 conditions of approval as approved by the Planning Commission; offer of dedication and improvements are subject to completion of requirements shown on the tentative map; the City Clerk is instructed to file the bonds with the City Treasurer: (Faithful Performance and Labor and Material Bond B-96-013268 and Monument Bond No. B96- 013269; instructed the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until Conditions 3a through 3d have been complied with; and approved and authorized execution of the Subdivision Agreement. (City Council) Sale Of Property - Deferred Compensation Program- Accepted & Ratified 0.11 Acres - Main Street - City Of Hesperia (650.70) 1. Accepted offer to purchase in amount of $93,300 with buyer paying delinquent back taxes in the amount of $6,700; 2. further, accepted buyer's down payment in the amount of $13,300; pay selling commission of 5% and accept all other terms and conditions of offer, and ratified "Lots and Land Sales Contract and Receipt of Deposit' dated March 12, 1996, previously approved by Deputy City Administrator and Deferred Compensation Administrator; 3. authorized the Mayor and City Clerk to sign Ratification of referenced "Lots and Land Sale Contract and Receipt of Deposit;" 4. authorized Robert Franz, Deputy City Administrator and Deferred Compensation Administrator, to sign the Escrow Instructions; 5. authorized Mayor and City Clerk to execute Grant Deed and forward to Escrow; 6. accepted carry back purchase money note and trust deed in the amount of $80,000 at 8.50% interest per annum, all due and payable in 8 years with no prepayment penalty. Monthly payments to be $615.14 including principal and interest. 226 04I15l96. - City Council/Redevelopment Agency Minutes - Page 23 Request For List Of Out Of The City Properties- Owned By The City Of Huntington Beach Councilman Garofalo requested a list of any other properties located out of the city that are owned by the City. (City Council) Resolution No. 96-32 - Street_ Renaming Request - Clay Avenue To Summit Drive From Goldenwest Street To Seapoint Street - Adjacent To Tentative Tract_ No. 14700 - Resolution No. 96-32 - Adopted (800.70) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE CHANGE OF THE STREET NAME OF CLAY AVENUE TO SUMMIT DRIVE." Renaming of Clay Avenue from Goldenwest Street, west to Seapoint Street adjacent to Tentative Tract No. 14700. Requested by PLC; PLC company to pay all associated costs. (City Council) Junior Lifecuard Program Budget Revision - Approved (320.20) Approved an Amendment to the fiscal year 1995-96 Budget to increase Program Number 348, Junior Lifeguard Program, from $183,147 to $250,000 and increase the revenue projection to $250,000. (City Council) Yorktown Avenue Widening Project From Delaware Street To Beach Boulevard - CC-1017 - Acquisition Of Property - 505 Yorktown Avenue - Authorized (650.20) - 1. Authorized the Real Estate Services Director to acquire for the city the property at 505 Yorktown Avenue for an amount not to exceed $75,000, including Relocation Benefits, and an amount not to exceed $15,000 to cover asbestos mitigation and demolition, for a total of $90,000; 2. authorized the opening and closing of escrow in the amount of $66,100 plus costs; and 3. authorized acceptance and recordation of said deed by the City Clerk on behalf of the City at such time said deed is provided and approved by the City Administrator and the City Attorney. (City Council) Settlement Of Claims_- Anthony, And Langford, Architects For Construction Of Library Children°s Wing And Parking Lot - Appropriation Approved (63.0.40) - Appropriated $25,000 from Library Services Fund unappropriated reserve and make $25,000 check payable to both Anthony and Langford, Architects, and the insurance company. This would settle Anthony and Langford's previously unresolved architectural service claims arising out of the Huntington Beach Library construction and parking lot change orders. (City Council Financing Unfunded 800 MHz System for Police Fire Public Works And Marine Safety Operations And Pier Plaza Project Direction Provided (330.10) - 1. Authorized staff to notify the County -wide Public Financing Authority that the City will not be participating in the Authority's 1996 Revenue Bond financing for the 800 MHz System, and 2. Instructed the City Administrator to request proposals from Financial Advisor firms to assist the City in the planning and issuance of debt in 1997 to finance the City's unfunded costs for the 800 MHz System and the unfunded costs for Pier Plaza Project. 12.1 Page 24 - Council/Agency Minutes - 04/15/96 (City Council) Community Services Commission Appointment Approved - Brahmbhatt (110,20) - Appointed Mr. Chandulal Brahmbhatt to the Community Services Commission as the Coast Community College District representative to complete Wendy Weber's term, to expire June 30, 1996, as recommended by City Council liaisons Dave Garofalo and Dave Sullivan. (City Council) Resolution No. 96-31 - Reserve For Economic Uncertainties Fund - Reduction -Resolution No. 96-31 -Adopted (320.10) -"A RESOLUTION OF THE CITY OF HUNTINGTON BEACH TO REDUCE THE CITY'S RESERVE FOR ECONOMIC UNCERTAINTIES." The resolution reduced the amount in the Reserve for Economic Uncertainties Fund to $3,000,000. (City Council) Seapoint Street Utility Easement Agreement - Seacliff Partners - Pacific Coast Homes - Tracts Nos. 14134 And 14647 And 14653 - North West Of Existing Seapoint Street Between Palm Avenue And Doral Drive -Accepted (600.10) -Accepted the "Easement Agreement" from Seacliff Partners for a utility easement northwest of Seapoint Street right-of-way; authorized execution by the Mayor and City Clerk; and directed the City Clerk to record same with the Orange County Recorder. Supported AB 616 (Morrow) Modifies the Health and Safety Code regarding definition of sleeping rooms. Opposed AB 638 (Knight) Regarding Amending the Penal Code relative to concealed weapon permits. Opposed AB 2569 (Margett) Prohibit the Use of Eminent Domain in the acquisition of commercial properties. Support SB 805 (Monteith) Expands membership of the Commission on State Mandates; State Library Funding Recovery; Support of the City of Temecula in its efforts to recover State library funding; and directed staff to draft letters for the Mayor's signature to send to the appropriate parties. City Council) City Costs For Olympic Torch Relay Activities - Approved (320.20) Amended the fiscal year 1995-96 adopted Budget by appropriating $14,205 into the following department accounts: Police $5,587, Fire $603, Community Services -Marine Safety (permanent) $300, (recurrent) $155, Beach Maintenance $2,460, Public Works $1,100, and revised the fiscal year 1995-96 revenue estimates to increase them by $14,200. To be reimbursed by additional revenue secured from public parking for the Olympic Torch Relay activities. 128 04115196.- City Council/Redevelopment Agency Minutes - Page 25 (City Council) Resolution No. 96-30 - Adopted - Authorizes Procedure For Destruction Of Police Records (170.50) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING A PROCEDURE FOR DESTRUCTION OF POLICE RECORDS." The resolution updates Resolution No. 5089, adopted February 1, 1982, relative to the destruction and purge of Police Department records. sty Council/Redevelopment Agency) Resolutions Adopting The Policies And Procedures Manual For Down Payment Assistance_ Loan Program And Acceptance Of _Loan Agreements For Official Filing - Resolution No. 96-29 And Resolution No. 273 - Deferred To April „22, 1996 (600,05) (City Council) Master Communications Site Lease Agreement (Lease Agreement) Between City And Pacific Bell Mobile Services (600.10) -Approved and authorized the Mayor and City Clerk to execute a Master Communications Site Lease Agreement between the city and Pacific Bell Mobile Services allowing the installation of PCS facilities at the Central Library and Fire Station 3 - Bushard, subject to the receipt of all required permits and approvals. The Fire Chief presented a correction to the City Council on the Agenda item stating that this was a Master Lease Agreement and that a License Agreement will be retumed to Council. He clarified the proposed costs. Councilwoman Dettloff presented questions regarding other companies taking the opportunities afforded and the number of sites which could accommodate use and the Fire Chief responded that there are three or four problem sites and these are private sites that go through another process. He stated a report will be presented to Council of potential sites. sty Council) Resolution No. 96-33 - Approves The Submittal Of Improvement Proiect(S) To The Orange County Transoortation Authority For Funding - Resolution No. 96-33 - A_dopted (800.45) -"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE SUBMITTAL OF IMPROVEMENT PROJECT(S) TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM." The resolution requests matching funds from the Orange County Combined Transportation Funding Programs (CTFP) for various street and traffic signal improvement projects within the city for fiscal year 1996-1997. (City Council HBTV-3 Telethon To Raise MoneV For The 1996 Fourth Of July Parade Festivities - Authorized (960.30) - Authorized HBTV-3 to hold a telethon on June 8, 1996 to raise money for the July 4, 1996 parade festivities_ Page 26 - Council/Agency Minutes - 04/15/96 (City Council) Art Center Preliminary Operating Agreement And Funding - Deferred To April22.1996 (265.10) The City Council deferred consideration of a communication from the Community Services Director regarding a preliminary agreement on the future funding of the Huntington Beach Art Center reached between the staff and the Art Center Foundation. This item was deferred to the April 22, 1996 adjourned regular meeting. (City Council) Huntington Central Park - Gun Range - Construction And Soil Analysis - Preparation Of Amendment To NUVIS Agreement - Deferred To April 22, 1996 (320.20) The City Council deferred consideration of a communication from the Community Services Director regarding the preparation of a construction and soil analysis for the development of a gun range facility at its current site in Huntington Central Park. This item was deferred to the April 22, 1996 adjourned regular meeting. (City Council) Ordinance No. 3327 - Term Of Personnel Commissioners - Continued To April 22, 1996 (640.10) The City Council continued consideration of Ordinance No. 3327 to April 22, 1996, Ordinance No. 3327- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 2.100.060 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING THE TERM OF CITY COMMISSIONERS." The Ordinance clarifies code regarding appointment to partial terms. ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 1:40 a.m. to Monday, Monday, April 22, 1996, at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. 4�� ag�- City Clerk and ex-officio Clerkf6f the City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of o; the City of Huntington Beach California ATTEST: 0�..�ac.uG City Clerk/Clerk Mayor/Chairman 230