Loading...
HomeMy WebLinkAbout1996-06-17MINUTES CITY COUNCiUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. Room B-8 7:00 P.M. Council Chamber Huntington Beach, California Monday, June 17, 1996 A video tape recording of this meeting. is on file in the Office of the City Clerk 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, Leipzig, Dettloff, Green, Garofalo Absent: None Recess - Closed Session Mayor Sullivan 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 - Redevelopment Agency pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation. (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. Subject: Third Block West Soil Remediation (120.80) Closed Session - City Council pursuant to Government Code 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City v. Marow Orange County Superior Court Case No. 72 94 15. (400.50) Closed Session - City Council pursuant to Government Code 54956.9(c) to confer with its attorney regarding pending litigation. (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. Subject: H.B.P.O.A. Lease of Gun Range (120.80) Page 2 - Council/Agency Minutes - 06/17/96 Closed Session - City Council pursuant to Government Code 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 Lloyd Edward's and Howard Subnick v. Citizens Bureau of Investigation, et al. (120.80) Reconvene The Mayor reconvened the regular meetings of the City Council and the Redevelopment Agency at 7:00 p.m. in the Council Chamber. Pledge Of Allegiance The Pledge of Allegiance was given by those present in the Council Chamber. City Council/Redevelopment Agency Roll Call Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Garofalo, (Green arrived at 7:55 p.m.) Absent: None Presentation - By Mayor Dave Sullivan and Tom Ryan, Environmental Board Chair, to Jan Thomas, Education Specialist and Coordinator, Huntington Beach Retired Volunteer Senior Program (RSVP) and two members of RSVP, Fred Beuyer and Tom Ohlendorf, winners of the 1996 Awards Program for Community Beautification. RSVP has removed over 35,000 signs from city streets in the past two years. Late Communications Announced By The City Clerk Pursuant to the Brown Act, the City Clerk announced the following late communications which had been received following distribution of the City Council agenda: Communication from the Community Development Director, dated June 14, 1996, regarding City Development Fees and Comparison with other cities Communication from Joyce Riddell, President of the Huntington, Beach Chamber of Commerce, dated June 7, 1996, regarding the Community Enrichment Library Fee Communication from the Building Industry Association of Southern California, Incorporated, dated June 17, 1996, requesting a 30 day continuance of the Development Fee Increase/Community Enrichment Library Fee Communication from Thomas Fisher, dated June 17, 1996, regarding the Notice for Processing Animal Control Citations 369 06/17/96 - City Council/Redevelopment Agency Minutes - Page 3 Communication from Gail Hutton, City Attorney, dated June 7, 1996, regarding the Boys and Girls Club Facility Lease Request for Council Action from Gail Hutton, City Attorney, dated June 17, 1996, regarding the Proposed Sale and Exchange of Encyclopedia Lots, Resolution No. 96-54 Communication from Deputy City Administrator Franz, dated June 17, 1996, regarding the Cultural Arts Expenses: General Fund Communication from Pam Julien, Fourth of July Executive Board Chair, dated June 17, 1996, titled Suspension of Bolsa Chica Land Trust from the 1996 Fourth of July Parade Memorandum, from Councilman Bauer, dated June 17, 1996 to the City Administrator titled Financial Goals for Economic Development Public Comments Mike Green, Save Our Kids representative, thanked Council and in particular Councilmen Bauer and Garofalo for the item on the agenda regarding placement on the November ballot of the Youth Sports Field Grants and construction of recreational facilities Chuck Beauregard, Save Our Kids representative, addressed Council in favor of the ballot measure for Youth Sports Field Grants and construction of recreational facilities. Kristen Green, student, spoke in favor of the ballot measure as it would provide needed playing fields. Paughi Nichols spoke on behalf of girls volleyball and in support of the proposed ballot measure. She spoke regarding the need for playing facilities. Debbie Cook, Bolsa Chica Land Trust representative, asked that the Land Trust be allowed to participate in the Fourth of July Parade and gave reasons for her request. She questioned if it is unsafe to pass out book marks at the parade, why is it not unsafe to pass out candy, project silly string or paint faces. Ms. Cook spoke regarding the U.S. Supreme Court decision relative to a case regarding permit denial. Marcia Hanscom, Sierra Club, legal representative for the Bolsa Chica and Director of Wetlands Action Network in Malibu, requested that the Bolsa Chica Land Trust be allowed to participate in the Fourth of July Parade. She spoke in opposition to what she believed to be attempts by the Koll Company to control the community and to quash voices of dissent for this project. She requested that Council not allow the Koll Company to pull the reins in on public debate and that Council allow the Land Trust to participate in the parade. She distributed the bookmark to Council. In response to Mayor Sullivan, Ms. Hanscom confirmed that upon notification during last year's parade, she and the other person who were distributing bookmarks had stopped; that they had not known they were not supposed to pass them out. 370 Page 4 - Council/Agency Minutes - 06/17/96 Juana Mueller, Officer of the Bolsa Chica Land Trust, stated that the Land Trust is being denied participation in the parade due to bookmarks being handed out last year which will not again occur; that if the issue is safety as reported in the L.A. Times, why are children allowed to dart in and out among the parade marchers, spraying them with silly string as they march. She requested that Council intervene and ask the Parade Committee to allow their participation. Eileen Murphy requested that Council allow the Bolsa Chica Land Trust to participate in the Fourth of July Parade. She thanked Councilman Bauer for putting the item on the Agenda. Marge Allen requested that the Council allow the Bolsa Chica Land Trust to participate in the Fourth of July Parade. She stated that the bookmarks were about generic wetlands not specific wetlands. She gave reasons why she did not believe the distribution had caused a safety hazard. Melanie Torbert addressed Council on behalf of her client, the adjacent property owner in the area of the encyclopedia lots (Fairview Addition) which had been discussed at the last Council meeting. She spoke regarding her dealings with city staff on the issue. She requested that they have an opportunity to have an open bid and that Council reconsider and allow her client the same opportunity as Mr. Ryan relative to the encyclopedia lots, (city vs. Marow). David Kozich, representing Courtney Dubar, addressed Council regarding what he believed was a lack of notice and procedure to allow the property (Fairview Addition) to be bid on by other adjacent property owners. He stated that not allowing his client to bid for the property would adversely affect his individual legal rights. He requested that Council exercise their fiduciary responsibility and allow either continuance of the matter until they can submit bids or vote down the resolution in which case a procedure and proper notice can be established so that his client can have an equal opportunity to bid. Bob Dubar, father of Courtney Dubar, addressed Council regarding his son's efforts to buy the property to enlarge his house. He requested an opportunity to bid on the property. Renee Schwartz, Huntington Beach Mother's Club representative, spoke against the taking away of safety service from the community. Denise Carlton, Huntington Beach Mother's Club representative, spoke in opposition to proposed cuts in safety services. She stated that reduction in the police force will adversely affect the community. She requested the City Council to find ways to increase revenues. Cheri Olson, Huntington Beach Mother's Club representative, stated that she and her husband believe this is the only place to live and requested that Council not cut back on the Police Department. Katrina Scott, Huntington Beach Mother's Club representative, spoke against elimination of the Helicopter Program and stated its benefits to the city. She requested that public safety be exempt from any more cuts. Leslie Edwards, Huntington Beach Mother's Club representative, spoke against safety cuts and the need to pay for police overtime. She offered suggestions including eliminating Department Head cars and instead providing a reasonable car allowance. She announced that she was initiating a recall against Councilmembers Leipzig, Bauer, Sullivan, and Harman. Mrs. Edwards stated that she was running for Council in the upcoming election. 371 06/17/96 - City Council/Redevelopment Agency Minutes - Page 5 The City Administrator stated that at the last meeting Council had voted not to cut the Drug Abuse Resistant Education Program (DARE) or the Neighborhood Watch Program. Steve Gullage, Huntington Beach Mobile Homeowner's Association representative, requested that Council support SCA 37 Mobilehome Park Rent Stabilization. He requested that Council approve Ordinance No. 3332 establishing the Mobile Home Advisory Board, which is scheduled on this agenda. He stated that he believed Councilman Garofalo was right relative to this new plan for the Youth Sports ballot measure being workable and better than the previous plan. Don Jankoviak, representing General Telephone, presented reasons in support of Council approval of the request from General Telephone for relief from the penalty imposed for late payment of the August, 1995, utility users tax collections. Larry McConnell, Vice President of the Huntington Beach High School Aquatics Program, requested information on how to have the swimming pool at Huntington Beach High School repaired or have a new one built. He stated that the pool has not had water in it for four or five years; that the pool is probably dangerous and the school is not proud of this 1909 pool. He requested that Council consider Huntington Beach High School when thinking of expansion of the athletics program. Councilman Garofalo commented on the last Community Services Commission meeting at which this issue arose. He asked if this situation arose because the school district did not want to pay maintenance. Mr. McConnell confirmed that this is the case. The Community Services Director reported on the reasons this is not part of the proposed November ballot measure including the fact that the pool does not lend itself to multi -age groups and its small size. He stated the idea of rehabilitating it for use was good; however, this is the school district's responsibility. Flora Powelson spoke regarding the necessity of police services and the police officers' need for a salary raise. Tom Fisher spoke regarding his communication to Council dated June 17, 1996, which had been announced earlier in the meeting by the City Clerk. He spoke regarding the problem with dogs in his neighborhood and his problems with Orange County Animal Control. He recommended that Council take control of their dog ordinances as does the cities of Newport Beach and Corona del Mar. Councilman Bauer recommended that Mr. Fisher look into the Safe Street Program. In response to Council, the City Attorney stated that she had contacted the county and the county will start citing under city ordinance which will allow the city to prosecute. The City Attorney stated her office will request continuation of the Agenda Item regarding the Orange County Animal Services so that it can be reviewed. Thom Doney spoke regarding his concern with the direction he believes the city is heading such as crime and deterioration of Huntington Center. He spoke regarding the need to attract businesses to the city. Mr. Doney spoke regarding what he believes to be trivial issues such as on the agenda regarding the participation by the Bolsa Chica Land Trust in the Fourth of July Parade. 372 Page 6 - Council/Agency Minutes 06/17/96 Late Communication Announced The City Clerk announced that a letter had been received from the General Telephone Company dated May 3, 1996, relative to the Agenda Item scheduled later in the meeting. Council Committee/Council Liaison Reports - PCTA Report - Cable TV Service Interruption Mayor Sullivan reported on the recent meeting of the PCTA where the interruption of cable service was discussed. He reported that the one day credit was brought before the Cable TV Authority and that Time Warner representatives had stated that on a case by case basis they would consider claims from persons who had experienced longer service interruptions. City Administrator's Report - Agenda Items for June 24, 1996 Council Meeting The City Administrator announced that the June 24, 1996 Council meeting would encompass a closed session on labor relations, continued budget discussion, and Waterfront Hotel Development Land Use proposal. Public Hearing - Continued Open from June 3, 1996 - Community Enrichment Library Fee Increase - Introduction Of Ordinance No. 3331 - Resolution No. 96-42 Public Hearing Continued Open To July 1, 1996 The Mayor announced that this was the time scheduled for a public hearing to consider an increase to the City's Community Enrichment Library Fee. The revision is being re--ommended as a cost recovery measure. It is proposed that the fee be increased from $.15 to $.30 per square foot of new construction. This benefit assessment is used to fund Library Services. Mayor Sullivan stated that the Chamber of Commerce and the Building Industry of America (BIA) had requested a continuance of the hearing. He stated that he believed a continuance to July 1, 1996 to be adequate rather than a 30 day continuance. The City Librarian informed Council that Attachments D and E were new in the packet from the June 3, 1996 meeting. Mayor Sullivan declared the public hearing open. Irma Loper, President of Friends of the Children's Library invited Council to their kick-off event for their summer reading program. She gave reasons why she supported the fee increase. Olga Wrobel, Friends of the Library representative, requested that the fee be increased, as it would allow new residents to buy into the library. Patricia Bril, Library Board of Trustees representative, spoke regarding the need to provide continued support for the library. She stated that the printed word is still important - not only Internet. 373 06/17/96 - City Council/Redevelopment Agency Minutes - Page 7 Wade Hawley addressed Council and stated that he believes the library will suffer if the fee is not increased. He stated that delay in the fee increase will cause a loss of money from developments. Councilman Garolfalo stated that this fee will stop when the city is built out and that he hopes all groups will look ahead. Patricia Powers spoke in support of the increase in the Community Enrichment Library Fee. Richard Therrell, Library Patrons Foundation, President Elect, informed Council that he will be moving to Huntington Beach soon and will not mind paying for the fee increase. Dorothy Silverman spoke on behalf of all the library support groups and urged Council support. She stated that this will affect only the new residents and that others have been paying for years. She stated that tax support for the library was comparatively low compared to other cities. Public Headna - Community Enrichment Fee Increase - Continued to July 1. 1996 A motion was made by Green, second Leipzig, to continue the public hearing open on the Community Enrichment Library Fee Increase to the July 1, 1996. The motion carried unanimously. Councilman Bauer requested that the City Administrator to return with a companion proposal as to how and by what name to levy a fee and what sort of fee is feasible to fund the other cultural activities as outlined by Administrative Services Director Franz in his memorandum. The City Administrator reported on the issue of the memorandum from the Administrative Services Director. He outlined the kind of report that would be prepared for Council. He also spoke regarding what he believed was the original use of the fee which was for capital use, not necessarily in support of personnel which is on -going. He stated, however, that Council was limited only to the language of that fee. He stated that he would also report on this issue. Councilman Garofalo stated that other cities should be looked at to see how they allocate fees and to return with a formula. Councilwoman Dettloff requested clarification from Councilman Bauer relative to whether he was recommending that the amount going to the library would remain the same but that the increase could take care of other services. Councilman Bauer responded that this is an alternative. He stated that he believed there should be equity as to how services are provided to cultural and library activities. Councilman Harman spoke regarding the feasibility of an entertainment tax and requested that the City Administrator include this in his report next week. Councilman Garofalo stated that he believed staff feedback is needed regarding developer's down -sizing and that the original square footage that was planned prior to down -sizing should be used to determine the impact fee as so much processing time and staff time has been expended. He also spoke regarding the need for a public safety assessment district to be considered based on new construction. 3'7 4 Page 8 - Council/Agency Minutes 06/17/96 (City Council) Public Hearing - Resolution No. 96-53 - Adopted - Formation Of Underground Utility District No. 96-01 - Beach Boulevard Between Yorktown And Garfield Avenues ( . ) Mayor Sullivan announced that this was the meeting scheduled for a public hearing, pursuant to Resolution of Intent No. 96-43, adopted on June 3, 1996 to ascertain whether public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service within the public rights -of -way along Beach Boulevard between Yorktown and Garfield Avenues. The City Council considered Resolution No. 96-53. The City Engineer presented a staff report. Mayor Sullivan declared the public hearing open. There being no one 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 Green, second Dettloff, to adopt Resolution No. 96-53. "A Resolution Of The City Council Of The City Of Huntington Beach Establishing Underground Utility District On Beach Boulevard Between Yorktown And Garfield Avenues." The motion carried by the following roll call vote: Ayes: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green Noes: None Absent: (Garofalo -out of the room) (City Council) Public Hearing - Re -programming A Portion Of The Community Development Block Grant (CDBG) Funds - Approved (340.70) Mayor Sullivan announced that this was the meeting scheduled to consider re -programming a portion of the federal Community Development Block Grant funds which will cause an amendment to the 1995/96 Action Plan. Council will prioritize projects for re -programming approximately $100,000 to $275,000 from either canceled or completed projects coming in under budget. Projects currently under consideration for receiving the funding are: Washington Enhancement Area public improvements (including Alhambra Street and Silver Lane for S64,000 and $75,000 respectively); the Huntington Beach Community Clinic, $100,000; City Hall renovation to meet the Americans' with Disabilities Act requirements, $124,000; and increasing funds for the Neighborhood Improvement Program, $40,000. The amount identified for re -programming currently is insufficient to fund all of these projects at this time. As other projects are completed and funds become available during the year, these projects will receive such re -programmed funds as necessary. David Biggs, Economic Development Director, presented a staff report. Mayor Sullivan requested clarification of a portion of the report regarding the impact of this investment on the city's public services cap. 375 06/17/96 - City Council/Redevelopment Agency Minutes - Page 9 Economic Development Director Biggs reported on the various types of caps such as Administration, Public Services, and Capital Projects. He stated there had been concern that the type of equipment being purchased by the Community Center might not fall into the Capital Projects classification and may fall into the Public Services Caps, however, HUD's initial indication is that it will not impact the Capital Improvement Cap. Discussion was held regarding the matter. Economic Development Director Biggs reported on a subsequent agreement which will be a separate action in two to four weeks. He stated a written verification from HUD should be received before that time. Dale Lechtman, Registered Nurse, Ocean View School District, stated her support for the Community Clinic and spoke regarding the help it gives to people. She gave examples of students she has referred to the clinic and spoke regarding its easy accessibility. Ms. Lechtman stated that she is speaking on behalf of all the school nurses. Rich Crandall spoke regarding the help he had received during the time he was ill and not employed. Mr. Crandall stated he is a dwarf and that the Community Clinic had found information and help for his needs. Gracie Oliver spoke in support of the Community Clinic and the clinic's need for an updated telephone system. Jacqueline Cherewick spoke regarding the Community Clinic's computer and telephone needs, as their equipment is very outdated and does not allow people to reach them. She stated they would like to increase access to the clinic to prevent communicable diseases such as Tuberculosis. John Carter spoke regarding the need to have a computer system for the clinic and to upgrade their telephone system. There being no one further 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 Green, second Garofalo, to approve the recommended action to program Community Development Block Grant (CDBG) funds to the Huntington Beach Community Clinic for $100,000 and amend the 1995-96 Action Plan accordingly. Economic Development Director Biggs reported on the procedure for re -programming of funds. Councilman Harman asked if other organizations were made aware. Mr. Biggs stated not in any way other than the normal advertising process. Economic Development Director Biggs explained the re -programming. Councilman Bauer stated that he was alarmed that the Board did not want to fund city projects any more, just private projects. He requested that the City Administrator bring the city projects to the attention of Council to help within the budged deficit. 376 Page 10 - Council/Agency Minutes - 06/17/96 Councilwoman Dettloff reported on the elimination of the Oakview Library and asked when Oakview would be possible for funding. Economic Development Director Biggs reported on the time. The City Administrator stated that he would like a majority of Council to concur with Councilman Bauer's earlier suggestion. Councilman Garofalo stated the necessity of defining the structure and the policies set forth for the Citizens Advisory Board and Human Resources Board. Councilman Sullivan stated he was concerned with the Americans' with Disabilities Act as City Hall improvements were dropped and stated that he believed these improvements were important for community access. The motion made by Green, second Garofalo, to approve the recommended action to program Community Development Block Grant (CDBG) funds to the Huntington Beach Community Clinic for $100,000 and amend the 1995-96 Action Plan accordingly carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None Recess - Reconvene The Mayor called a recess of the City Council at 10:10 p.m. The meeting was reconvened by the Mayor at 10:20 p.m. The Mayor asked the City Clerk if Mr. Gyrokos, who was not present during public comments, was Present to speak at this time. John Gyrokos, representing Mr. Courtney Dubar, adjacent property owner to lots being sold to Mr. Ryan, stated that Mr. Dubar would like the Agenda Item regarding the encyclopedia lots, Fairview Addition, continued to allow him an opportunity to bid on the lots. He informed Council that Mr. Dubar believes he can offer a better price to the city and that he should have equal footing to make the offer. Consent Calendar - Items Removed At the request of various Councilmembers the following Consent Calendar items were removed for separate consideration: Resolution No. 96-51, Fire Department Permits; Supplemental Law Enforcement Support for the Fourth Of July Activities; Bid Award - Resurfacing of Various Local Streets; Annual Review of Rainbow Disposal Refuse Rates; Professional Services Agreements with Keyser Marston Associates and Sedway Kotin Mouchly Group; and City Council Legislative Committee Recommendations on Pending Legislation. 377 06/17/96 - City Council/Redevelopment Agency Minutes - Page 11 The Agenda Item regarding the Orange County Animal Control Contract was deferred to July 1 1996. Consent Calendar - Items Approved (City Council/Redevelopment Agency) Minutes - Approved And Adopted - Approved and adopted minutes of the regular City Council and Redevelopment Agency meetings of March 4, 1996 and March 18, 1996 and adjourned regular meeting of March 11, 1996 as written and on file in the Office of the City Clerk. (City Council) City To Join Class Action Suit In Matter Of City Of Torrance v. State Compensation Insurance Fund - Approved (630.40) - Approved city joining in the class action suit brought by the City of Torrance against the State Compensation Insurance Fund for its failure to properly reimburse public entities for workers' compensation benefits for a cost of $500 which may be reimbursed if the class action suit wins. (City Council) Youth Board Appointments And Reappointments - Approved (110.20) - Re -appointed the following students for a one-year term on the Huntington Beach Youth Board for the 1996/97 term: Trey Andamo, Edison High; Janet Phillips, at -large; Heather Rachels, Huntington Beach High School; approve appointment to a one-year term of Janis Cavinder, Ocean View High; Candice Sommerfield, Marina High; and Kota Bindu, Kellie Okonek, Leslie Jellick, and Jeremy Daggett, at -large members. (City Council) Subgrantee Agreement Between City And Special Children's Connection Pre - School For Federal Community Development Block Grant (CDBG) Funds - Approved (600.10) Approved and authorized execution of the Subgrantee Agreement between the city and the Special Children's Connection Pre -School for $25,000 in CDBG funds for materials to renovate a portion of the Clapp School site. (City Council) City Acceptance Of Quitclaim Deeds From Huntington Beach Company - PLC - Portion Of Lots 79 And 80 - Tract No. 14662 - Approved (650.80) - Accepted quit claim deeds from PLC for a portion of Lots 79 and 80, Tract No. 14662, and instructed the City Clerk to file with the Orange County Recorder. (Parkside Development - provides city option of granting an easement or any other interest to adjoining Huntington Creek Homeowner's Association.) (City Council) Resolution No. 96-52 - Adopted - Oil Pipeline Sale (Sunset Heights Gathering Line) - ARCO Pipe Line Company (APL) To Unocal Oil Company Of California (UNOCAL) And Bill Of Sale And Assignment (600.45) - Adopted Resolution No. 96-52 - "A Resolution Of The City Council Of The City Of Huntington Beach Approving Arco Pipe Line Company's Sale Of The Sunset Heights Gathering Line To Unocal Oil Company Of California." and approved the Bill of Sale and Assignment, between ARCO Pipe Line (APL) and Unocal Oil Company of California (UNOCAL) for the transfer of approximately 14,160 feet of 6" pipeline lying within Heil Avenue between Algonquin and Goldenwest Streets to be effective upon the date of execution by APL and Unocal and upon delivery of said Bill of Sale to the City Attorney. 378 Page 12 - Council/Agency Minutes - 06/17/96 (City Council) Agreement Approved - Acquisition Of Real Property - Facility Lease Agreement And Escrow Instructions For Purchase Of Interest In Building - Delaware Street - City And The Boys And Girls Clubs Of Huntington Valley (600.10) - 1. Approved the Acquisition Agreement for a Twenty and Twenty-six Hundredths Percent (20.26%) interest in the Boys and Girls Clubs of Huntington Valley facility located at 2309 Delaware Street for the amount of $237,000 in Community Development Block Grant funds, and 2. approved and authorized execution by the Mayor and City Clerk of the Facility Lease Agreement and Memorandum of Lease between the city and the Boys And Girls Clubs of Huntington Valley in the amount of $1.00 per year. (City Council) Resolution No. 96-51 - Adopted - Annual Renewal And Maintenance Of Fire Department Permits The City Council considered a communication from the Fire Department transmitting Resolution No. 96-51 regarding the annual renewal and maintenance of Fire Department Permits. The resolution clarifies City Council intent for the annual renewal and maintenance of Fire Department Permits. The Fire Chief, in response to a question by Councilman Bauer, stated that the resolution was necessary to clarify language relative to the permits. A motion was made by Bauer, second Dettloff, to adopt Resolution No. 96-51, after reading by title. "A Resolution Of The City Council Of The City Of Huntington Beach Establishing A City Fee Schedule." (Supplemental Fee Resolution No. 63). "The motion carried by unanimous roll call vote. (City Council) Agreement - Supplemental Law Enforcement Support For Fourth Of July Activities - California Highway Patrol - Approved - Orange County Sheriffs Department - Approved (600.20) The City Council considered a communication from the Police Chief regarding Supplemental Law Enforcement Support for the Fourth of July Activities. The Police Chief reported on the proposed use of the support. He reported on the first meeting held with residents which he stated went well. The City Administrator responded to Councilman Garofalo's question as to the matter of including this expense in the budget for next year. On motion by Garofalo, second Green, Council approved an amendment to the current year Budget by appropriating $14,470 to the California Highway Patrol and $222,653 to the Orange County Sheriff's Department to cover the cost of contractual police services on July 4, 1996; authorized the expenditure of an amount not to exceed $37,123 to cover said expenses and authorized the Police Chief and the City Clerk to execute an agreement with the California Highway Patrol following review and approval of said agreement as to form by the City Attorney. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None 379 06/17/96 - City Council/Redevelopment Agency Minutes - Page 13 (City Council) Bid Award - All American Asphalt - Resurfacing Of Various Local Streets - MSC-382 - Approved (600.50) The City Council considered a communication from the Public Works Director regarding a proposed bid award to All American Asphalt for the resurfacing of various local streets. A motion was made by Garofalo, second Green, to accept the low bid submitted by the lowest responsible bidder, All American Asphalt, in the amount of $165,969.86 and award the contract to said company; direct the City Clerk to return the bid bonds submitted by the other bidders; approve sample construction contract; and authorize the Public Works Director to expend $187,566 to cover contract costs of $165,969 for the resurfacing of various local streets; unanticipated Change Orders not to exceed $16,597; and incidental expenditures no greater than $5,000. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Annual Review Of Rainbow Disposal Refuse Rates - Approved The City Council considered a communication from the Public Works Director and the Administrative Services Director regarding the Annual Review of Rainbow Disposal Company Refuse Rates. Councilman Garofalo questioned whether the Public Works Director could report on why the City of Fountain Valley is lowering their fees and the City of Huntington Beach is not. Councilwoman Dettloff stated that she believed the answer was that the city was not charging fees recommended by Management Services Institute. Further discussion was held by Council regarding the county action and "pass through". The City Administrator reported on the history of the matter stating why there was a shortfall of revenue vs. expenditures. A motion was made by Bauer, second Green, to retain the existing residential refuse service fee of $16.55 per month per unit of service for the time period July 1, 1996 to June 30, 1997 and to adopt Exhibit A, effective July 1, 1996 as the New Exhibit A of the Refuse Collection Franchise Agreement. Further discussion was held. Councilman Leipzig stated that it was more fair to have service paid by the user than out of the General Fund. Councilman Sullivan stated that he had not seen the justification of the fees set by MSI. Page 14 - Council/Agency Minutes - 06/17/96 The motion made by Bauer, second Green, to retain the existing residential refuse service fee of $16.55 per month per unit of service for the time period July 1, 1996 to June 30 1997 and to adopt Exhibit A, effective July 1, 1996 as the New Exhibit A of the Refuse Collection Franchise Agreement carried by the following roll call vote: AYES: Leipzig, Bauer, Dettloff, Green NOES: Harman, Garofalo, Sullivan ABSENT: None Redevelopment Agency) Professional Services Agreement Between Redevelopment Agency And Kayser Marston Associates Incorporated - Redevelopment Agency And Sedway Kotin Mouchly Group - Economic Professional Services Approved (600.30) The Redevelopment Agency considered a communication from the Economic Development Director transmitting two Agreements for Economic Professional Services between the Redevelopment Agency and Keyser Marston Associates and the Redevelopment Agency and Sedway Kotin Mouchly Group. Agency Member Bauer stated that he would like more information as he believed these agreements are open ended and he would like information as to how the consultants are being used. On motion by Bauer second Leipzig, the Redevelopment Agency approved and authorized execution by the CFsirman and Clerk of two Professional Services Agreements between the Redevelopment Ac __: tcy and the firms of Keyser Marston Associates, Incorporated and between :he Redevelopmer+ Agency and Sedway Kotrin Mouchly Group to provide Economic Advisory and Reuse Analysis Services to the Redevelopment Agency for a two year period at a combined cost not to exceed $100,000 annually. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council/Redevelopment Agency) City Council Legislative Committee Recommendations_ On Pending Legislation - Approved Recommendation With Exception Of SCA 36 (640.15) The City Council considered a communication from the Administration Department presenting recommendations from the City Council Legislative Committee on pending legislation. Councilman Garofalo stated that he does not believe this is a good proposed process; that individual Councilmembers can take a position on whatever they wanted. He stated his opposition to Senate Constitutional Amendment No. 36. Mayor Sullivan stated that he believed the City Council Legislative Committee had done an outstanding job. He stated his opposition to SCA 36 and gave reasons. He requested that SCA 36 be considered separately. 381 06/.17/96 - City Council/Redevelopment Agency Minutes - Page 15 Councilman Harman spoke regarding the procedure used by the City Council Legislative Committee and stated that he believed the city response to proposed legislation is critical, not just response from individual Councilmembers. He stressed that the city needs to be heard. A motion was made by Green, seconded by Harman, to approve the following position on pending legislation as recommended by the City Council Legislative Committee, with the exception of SCA 36 which is to be deleted from consideration: Support AB 2379 - (Margett) - requires state to each year fully fund all mandates on local agencies by the Legislature or executive branch. Oppose AB 2640 - (Pringle) - Repeals the "tax on tax" portion of sales tax on gasoline and diesel. Support AB 2797 - (Aguiar) - Limits the Education Revenue Augmentation Fund (ERAF) amount that the state can transfer from local agency property taxes into this account. Support AB 1934 - (Sweeney) - Provides for the state to return local governments' property taxes. Support AB 3125 - (Hawkins) - allows cities to include in their "fair housing" needs, assisted housing, rehabilitated housing and city acquired housing for the purposes of conversion from non affordable to affordable. Support AB 3229 - (Brulte) - Provides for a check off box on state tax return forms allowing citizens to identify up to 1 % of their tax liability to go to local law enforcement. Councilwoman Dettloff expressed support of the procedure and stated that she believed even more active participation needs to be taken by the City Council. Councilman Leipzig stated that the League of California Cities cannot be expected to do it for the city. The Police Chief reported on AB 3229 at the request of Councilman Garofalo. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: Garofalo ABSENT: None (City Council) Resolution No 96-54 - Adopted - Proposed Settlement And Exchange Agreement City And Marow/Toledo - Acquisition Of Encyclopedia Lots for Central Park (600.10) The City Council considered a communication from the City Attorney informing Council that as part of the settlement of the City v. Marow eminent domain case, the city has agreed to trade some parcels with Mr. Marow, and sell some parcels to Mr. Ryan. The City Council considered Resolution No. 96-54 which approves the Sale and Exchange of Certain Real Property. Councilman Bauer presented a history of the agreement including the use of eminent domain and the need to widen Ellis Avenue to make it a safer street. He stated that Council had been informed by Legal Counsel that everything had been done legally. He urged the City Administrator to develop policies to more clearly define these issues for Council. 382. Page 16 - Council/Agency Minutes - 06/17/96 A motion was made by Bauer, second Green, to adopt Resolution No. 96-54. "A Resolution Of The City Council Of The City Of Huntington Beach Approving The Sale And Exchange Of Certain Real Property Pursuant To Huntington Beach Municipal Code Section 3.06.010." The motion carried by unanimous roll call vote. (City Council) Appointment Of Ad Hoc Committee To Study Funding Sources For Arts Programs Including The Huntington Beach Art Center Approved (900.10) The City Council considered a communication from the Community Services Director recommending that Council appoint an ad hoc committee to study possible funding sources (outside the General Fund) for Community Services' arts programs including the Huntington Beach Arts Center. The Community Services Director presented a staff report. A motion was made by Dettloff, second Green, to approve the following recommendations: Direct staff to solicit applications from residents to serve on an ad hoc committee to explore various options for funding Community Services' arts programs including the Huntington Beach Art Center, and 2. Appoint Council liaisons Sullivan and Bauer to the ad hoc committee, and 3. Appoint representatives of the Allied Arts Board and the Huntington Beach Art Center Foundation, and 4. Appoint Finance Director Dan Villella and Cultural Services Director Michael Mudd to be liaisons to the appointed committee, and 5. Direct that a report on the findings and recommendations be presented to the respective departments and to the City Council in 90 days from the start-up date of the committee, The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: None ABSENT: (Garofalo -out of the room) 'CI t 11, Council) Contract Between City And Nortel Communications Systems Inc (NORTEL) Contract To Provide Replacement Of The Northern Telecom Meridian 1 Telephone System And Related Equipment Located At The Central Library Approved (600.10) The City Council considered a communication from the Fire Chief requesting Council approval of Nortel Communication Systems (NORTEL) contract to provide replacement of the Northern Telecom Meridian 1 telephone system and related equipment located at the Central Library. 333 06/17/96 - City Council/Redevelopment Agency Minutes - Page 17 The Fire Chief reported. He informed Council of a change on Page No. 2 of the Request for Council Action dated June 17, 1996 and: NORTEL's suggested compromise clause as follows: The City Attorney's Office contacted Nortel with the recommendations of the Settlement Committee. Nortel suggested a compromise to the limitation of liability which the Settlement Committee did not accept. Nortel's suggested compromise clause would read as follows (the deleted language was originally rejected by the Settlement Committee). Limitation on Liability - (Regardless of the legal or equitable basis of any claim or of actual notice, neither seller nor sellers suppliers shall be liable for (a) any incidental, indirect, special or consequential loss or damages, or (b) any damages relating to a claim made against customer by a third party except for indemnified claims described in Section 11. These limitations shall remain in full force and effect through any renewal of maintenance service provided for in this agreement. On motion by Harman, second Leipzig, Council approved and authorized execution by the Mayor and City Clerk of an Agreement between the city and Nortel Communication Systems, Incorporated, for Telecommunications System, with Council Settlement Committee recommendations and as amended by Nortel. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: None ABSENT: (Garofalo out of the room) (City Council) Sports Facilities Improvement District - Ballot Measures - Approved (600.10) The City Council considered a communication from the Community Services Director regarding proposed Sports Facilities Improvement District Ballot Measures for the November 5, 1996 General Election. The Community Development Director presented a staff report. Discussion was held. Councilman Garofalo stated that he was disappointed that the Community Services Commission did not have an opportunity to vote on the issue. The Community Services Director stated that there had not been an opportunity to have a hearing and that their comments would be forwarded. Deputy City Administrator Franz reported on aspects of the proposed assessment district at the request of Councilman Garofalo. flm Page 18 - Council/Agency Minutes - 06/17/96 The City Administrator spoke regarding the importance of community support for this project in order to give the best we can to the children. He believed it should be very specific and stated that he would have liked to have a year to prepare; however he believes this proposal does address some questions and is more specific. He stated that the amounts on the ballot are maximum. For the record, Mayor Sullivan read from Page No. 5, of the Huntington Central Park Sports Fields and Facilities - Revised. On motion by Harman, second by Bauer, Council approved the Council Committee recommendation that an advisory vote be placed on the November 5, 1996, ballot for a city-wide assessment district for sports facilities improvement projects, along with two City Charter Section 612 (Measure C) ballot measures for sports fields on an undeveloped portion of Huntington Central Park and a gymnasium at Murdy Community Center. The motion carried by unanimous vote. (City Council) General Municipal Election Resolutions Election Of City Officers Submission Of City Measures - Continued To July 1 1996 (620.20) The City Council considered a communication from the City Clerk transmitting resolutions for the conduct of the November 5, 1996, General Municipal Election and requesting the Board of Supervisors of the County of Orange to consolidate the city's election with the State-wide Election. (Election of three City Councilmembers, a -'sty Clerk, a City Treasurer and for the submission of th-ae city measures.) C -nsiderable discussion was held regarding the proposed ballot language and how the projects V. ' uld be affected if the voters voted differently on the measures. Councilman Harman stated what he believed would be the effect. Councilman Garofalo recommended a lottery method for Council to write arguments. A motion was made by Garofalo, second Harman, to continue consideration of the General Municipal Election resolutions to the July 1, 1996 Council meeting. The motion carried unanimously. 'ity Council) Administrative Hearing -Appeal Filed By GTE Telephone Operations Penalty .ssessment Late Payment - Utility User Tax Appeal Granted (340.50) he City Council considered a communication from Deputy City Administrator Franz transmitting an appeal filed by GTE to the Hearing Officer's decision denying GTE's request for relief from the penalty imposed for late payment of the August 15, 1995 utility users tax collections. This is an Administrative Hearing agenda item. The only testimony to be taken by the Council during the hearing will be from city staff and the appellant. The Brown Act provides for members of the public who wish to speak to this item to do so during the public comments portion of the meeting which is reserved for members of the public to speak to non-public hearing items on the agenda. 385 06/17/96 - City Council/Redevelopment Agency Minutes - Page 19 Deputy City Administrator Franz presented a staff report and distributed a document titled Administrative Hearing Late Charge - GTE Agenda Item F-5. The City Attorney's memorandum dated June 12, 1996 regarding the Procedure for Conducting the GTE Appeal was included in the Council Agenda packet. Mayor Sullivan declared the administrative hearing open. Lou Bangs, representing GTE, presented background information on how their late payment occurred and presented reasons why he believed the appeal should be granted. Councilman Leipzig stated that it was not at all clear to him that Council had the ability to modify the late charge. The City Attorney stated that the existing ordinance does not provide due process and that an ordinance is being prepared with input from the utility companies and will be returned to Council. Councilman Leipzig stated that this opinion was worrisome and gave reasons. The City Attorney reported further on the matter. A motion was made by Garofalo, second Harman, to reject the recommendations and Findings of Fact of the Hearing Officer dated April 15, 1996, and waive penalty imposed on GTE for late payment of the Utility User Tax collection for August, 1995, and to charge GTE for loss to city of interest for five days, with findings and conditions to be submitted at next meeting. The motion carried unanimously. Council Leipzig requested that Huntington Beach Municipal Code Section 3.36.230 be addressed. Council Garofalo requested that a mechanism be employed such as a bond (optional) to avoid this situation in the future. Mayor Sullivan stated that he believed rules for citizens and GTE should be the same. Citv Council) Legislation Authorization Process Options - Deferred to July 1, 1996 (100.10) The City Council considered a communication from Brian Smith, Management Assistant, regarding modifying the process for gaining City Council authorization to act on legislative issues to meet varying time constraints. A motion was made by Garofalo, second by Green, to defer the agenda item on Legislation Authorization Process Options to the Council meeting of July 1, 1996. The motion carried by the following roll call vote: AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Harman ABSENT: None Page 20 - Council/Agency Minutes - 06/17/96 (City Council) Ordinance No 3332 - Adopted Establishes The Mobile Home Advisory Board (430.80) The City Council considered the adoption of Ordinance No. 3332 - "An Ordinance Of The City Of Huntington Beach Adding Chapter 2.112 To The Huntington Beach Municipal Code Establishing The Mobile Home Advisory Board." A motion was made by Garofalo, second Dettloff, to adopt Ordinance No. 3332 following a reading by title by the City Clerk. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES; None ABSENT: None (City Council) Establishment Of Downtown Development Ad Hoc Task Force For Development Of Remaining Vacant Downtown Parcels Approved Dettloff And Bauer Appointed (120.25) The City Council considered a communication from Councilwoman Dettloff requesting Council to consider a motion to establish a Downtown Development Ad Hoc Task Force to provide policy direction for the development of the remaining vacant parcels in the downtown area. The Ad Hoc Task Force is recommended to be comprised of a maximum of two City Councilmembers and city staff. The downtown area shall be delineated by the Downtown Specific Plan and the Main -Pier Redevelopment Project area with a focus on the beach front (inland side of Pacific Coast Highway) development opportunities. Councilwoman Dettloff reported on the reasons for her recommendation that an Ad Hoc Committee be formed. Discussion was held by Council. Mayor Sullivan stated he would appoint Councilwoman Dettloff and Councilman Bauer to serve on the Ad Hoc Task Force. A motion was made by Dettloff, second Green, to establish a Downtown Development Ad Hoc Task Force comprised of a maximum of two City Councilmembers (Bauer and Dettloff) and city staff to provide policy direction for the development of the remaining vacant parcels in the downtown area. The downtown area shall be delineated by the Downtown Specific Plan and the Main -Pier Redevelopment Project area with a focus on the beach front (inland side of Pacific Coast Highway) development opportunities and that the Ad Hoc Task Force develop the following goals and objectives to be forwarded to the City Council for review: 1. Improve the city's retail tax base by maximizing commercial opportunities, and 2. Provide policy direction on the future development of the remaining vacant parcels in the downtown area, and 3. Provide up -front and clear direction to property owners, developers and city staff on the development of the vacant parcels. 387 06/17/96 - City Council/Redevelopment Agency Minutes - Page 21 The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: Garofalo ABSENT: None Citv Council) Reinstatement Of Bolsa Chica Land Trust - Fourth Of July Parade - Referred To Fourth Of July Committee - City Administrator To Report On Status On June 24, 1996 The City Council considered a communication from Councilman Bauer dated June 13, 1996, regarding the consideration of reinstatement of the Bolsa Chica Land Trust into the Huntington Beach Fourth of July Parade. Councilman Bauer stated that he believed this matter should be returned to the Fourth of July Committee and presented reasons. Councilman Leipzig stated the need to communicate to the Bolsa Chica Land Trust that items are not to be passed out and receive a commitment from the Bolsa Chica Land Trust to that effect. A motion was made by Garofalo, second Harman, to direct the Mayor to communicate with the Fourth of July Board to reconsider its decision not to allow the Bolsa Chica Land Trust to participate in the parade and subject to the Bolsa Chica Land Trust commitment to follow rules that everyone follows, consider allowing the Bolsa Chica Land Trust in the Fourth of July Parade, also that the City Administrator report to Council on the status of this item on June 24, 1996. The motion carried unanimously. City Council) City Council Goals_- Objectives - Reinstatement Of Goal - Approved (120.30) The City Council considered a communication from Councilman Bauer requesting that the following Goal be reinstated to the list of City Council Goals and Objectives: "Pursue entrepreneurial approaches for seeking new businesses and tourism to expand the city's revenue base." A motion was made by Bauer, second Green, to approve the reinstatement of said Goal. Councilman Leipzig stated his concerns that the wording was being added to existing wording and recommended staff return with a clarification as to what is already written. The motion made by Bauer, second Green, carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Leipzig ABSENT: None (City Council) Extension Of Annual Audit - Include Additional Items And Appointment Of Council Audit Committee - Committee Members Not Appointed The City Council considered a communication from Councilman Bauer recommending that the company performing the city's annual audit extend its annual activity to include additional items which are designed to increase cash flow to the city. 388 Page 22 - Council/Agency Minutes - 06/17/96 Councilman Bauer stated the reasons why he had presented the recommendation. A motion was made by Bauer, second Garofalo, to appoint a three -member City Council Audit Committee to work with the auditor and staff to help set priorities and monitor costs; any proposal by the committee to be subject to approval by the full City Council. The City Attorney read provisions of the City Charter and gave instances where the Charter would prohibit it. Discussion was held between Councilman Bauer and the City Attorney. Considerable discussion was held. The motion made by Bauer, second Garofalo, to appoint a three -member City Council Audit Committee to work with the auditor and staff to help set priorities and monitor costs; any proposal by the committee to be subject to approval by the full City Council. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Leipzig ABSENT:, None Mayor Sullivan asked Councilmembers to inform him if they desire to be appointed to the Council Audit Committee. City Council/Redevelopment Agency) Request For Economic Planninq Committee To Review Current Policy Regarding Sale And Transfer Of Land And Property Approved The City Council considered a communication from Councilman Garofalo informing Council that due to home owners desiring acquisition of lots in the Fairview section, there is a need to have a solid negotiating team that would be multi -dimensional in their coordination of all aspects such as economic impact, planning and zoning issues, environmental impacts as well as open space and park issues. A motion was made by Garofalo, second Green, to 1. Request that the Mayor assign the Economic Planning Committee (EPC) with the task of reviewing current policy on the sale and transfer of land and property and return to Council with a status report to discuss with Administration, and 2. request staff's review of the existing ordinance regarding the process of declaring land surplus and the subsequent legal process in offering it for sale with the additional review of adjacent home owners with rights of first refusal in such land sales. The motion carried by the following roll call vote: AYES: Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Harman, Leipzig ABSENT: None 06/17/96 - City Council/Redevelopment Agency Minutes - Page 23 (City Council) Police - Public Safety Status Of The City The City Council considered a communication from Councilman Garofalo regarding the public safety status of the city. Councilman Garofalo requested a status of the city report due to recent events. The City Administrator stated that reports can be prepared regarding downtown and the city as a whole. The City Administrator was requested to report back to Council. Adjournment - City Council/Redevelopment Agency The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 12:00 a.m. to 1:00 p.m., Friday, May 24, 1996, in the Council Chamber (for the appointment of a City Treasurer for the City of Huntington Beach), Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: Li�f1'�-fug. City Clerk/Clerk City Clerk and ex-officio Jerk he City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach California 47>a"f, Mayor/Chairman 390