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HomeMy WebLinkAbout1996-07-01MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Huntington Beach, California Monday, July 1, 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, Sullivan, Dettloff, Garofalo, (Bauer, Green arrived during closed session) Absent: None Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency at 5:05 p.m. to consider the following closed session items: Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding Labor Relations Matters - Meet and Confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. (120.80) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, David Biggs, regarding negotiations with Robert L. Mayer Corporation concerning the sale/lease of the property located at north of Pacific Coast Highway and between Beach Boulevard and Huntington Street. Subject: Waterfront Hilton. Instruction will concern price and terms of payment. (400.50) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, David Biggs, regarding negotiations with Richard Harlow, representing the Zeidans, concerning the purchase of the property located at 126 Main Street - Standard Market. Subject: Standard Market Property: Main Street. (400.50) Page 2 - Council/Agency Minutes - 07/01/96 Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, Ray Silver, regarding negotiations with Coultrup Companies concerning the purchaselsale/exchange/lease of the property located Main -Pier Phase I) Project Site, Pacific Coast Highway bordering on 5th and 6th Streets, the areas known as Block 104 and Block 105. Instruction will concern price and terms of payment. Subject: Main -Pier Phase II. (400.50) A videotape recording of this meeting is on file in the Office of the City Clerk Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:40 p.m. in the Council Chambers. Pledge Of Allegiance And Invocation The Pledge of Allegiance was led and the invocation given by the Huntington Beach Junior Guard. City Council/Redevelopment Agency Roll Call Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Absent: None Late Communications Announced By The Citv Clerk Pursuant To The Brown Act The City Clerk, pursuant to the Brown Act, announced the following late communications which had been received following distribution of the City Council Agenda: Two communications in support of the Main -Pier Phase II Project from the participating property owners, Frank Alfonso and Gilbert Geilim, dated July 1, 1996, and from Mulligan Properties, dated June 28, 1996. These communications were presented by Jon Coultrup at the 5:00 p.m. meeting regarding the closed session on Main Pier Phase II. New resolution, ordinance, and a memorandum dated July 1, 1996, from the City Attorney explaining the proposed changes to the resolution and ordinance, as previously presented, regarding the proposed increase to the Community Enrichment Library Fee Communication dated July 1, 1996, from the Westminster School District in support of the recommended action on the Agenda Item submitted by Mayor Pro Tempore Bauer regarding commercial development of vacant or surplus school sites 399 07/01/96 City Council/Redevelopment Agency Minutes - Page 3 Police Department Slide Report titled 1996 Modifications Compared with 1995 Operation Library Department Slide Report titled Community Enrichment Library Fee Communication, dated July 1, 1996, from Lowell Zehnder, regarding closure of downtown Huntington Beach from 3:00 p.m. to 2:00 a.m. on the Fourth of July Communication, dated July 1, 1995, from Bob Biddle, Huntington Beach Tomorrow President, in opposition to the proposed preparation of McDonnell Centre Business Park Specific Plan and Environmental Impact Report Announcement that Agenda Item E-17 was incorrectly numbered E-16 in the Agenda Packet regarding the Resolution Authorizing Signatures from Shari Freidenrich, City Treasurer Request for Council Action, dated June 17, 1996, from Brian Smith, Management Assistant, regarding Legislation Authorization Process Options Communication, dated June 28, 1996, from Joyce Riddell, Huntington Beach Chamber of Commerce President, in support of the proposed commercial development of the Crest View School site Communication, dated June 27, 1996, from Debbie Josephson, in opposition to the proposed Commercial Development of Surplus School Sites adjacent to Major Arterials and Crest View School Communication, dated June 28, 1996, from John Jones, regarding Under Utilized Sites and in opposition to the proposed commercial development of the Crest View School site Communication from Manfred Kunze, dated July 1, 1996, in opposition to the proposed Crest View school site re -zoning Communication, dated June 24, 1996, from Councilman Garofalo, regarding One Million Dollar Overhead/Administrative Cost to City of Huntington Beach to Manage Refuse Contract (inadvertently not included in Agenda Packets). Presentation To Former Finance Director Dan Villella For His. Service As City Treasurer (160.40) The Mayor presented a certificate of appreciation to Dan Villeila, Finance Director, in appreciation for his service as City Treasurer from December 29, 1995 to March 28, 1996. Introduction And Presentation By Mayor Dave Sullivan; Ron Hagan, Community Services Director; Jim Engle, Deputy Director, Community Services; Police Captain Steve Seim; Matt Karl; and Mike Bartlett; Marine Safety Officers; introduction of Exchange Lifeguards from Puerto Escondido, Mexico, visiting and training with the Huntington Beach Marine Safety Division from June 27 to July 5, 1996. (160.40) Page 4 - Council/Agency Minutes - 07/01/96 Presentation By Mayor Dave Sullivan of Proclamations to Exchange Lifeguards: Jose Luis Estrada, Pablo Juarez, Miguel Angel Albam, Said Valdivieso, and Jack Buck. (160.40) Public Comments Jon Coultrup, representing Main -Pier Phase 11 Project representative, informed Council that the project can be delivered to the city by next summer with no changes to the proposed project. He requested an extension to work with staff next week. George Smart, Main -Pier Phase II representative, addressed Council in support of Mr. Coultrup's request for a time extension of time. Angela Lockhart spoke in support of re -zoning the school sites. She stated that businesses such as Wal-Mart and the Price Club have lobbied to locate in Huntington Beach and that she is unclear as to why they have not succeeded. She spoke regarding the building maintenance improvements which could be made at the open sites if there is more revenue to the schools. Pam Walker, Ocean View School District Board member, addressed Council in support of the Agenda Item submitted by Mayor Pro Tempore Bauer regarding commercial development of vacant school sites. She stated that Rancho View School and Crest View School had served their usefulness for past students and that it is time for them now to serve the existing students by serving as on -going sources of revenue which can be used for the improvements at school sites and also serve the city by bringing in much needed tax revenues. Sally Alvino addressed Council in support of developing the Crest View and Rancho View School sites in order to expand the city's tax base. Brian Lake addressed Council in support of the reuse of the Crest View School site as a commercial site so that the city can have additional revenues to balance the budget, provide critical services, and the School District can receive additional revenue to educate the children. Fran Andrade addressed Council in support of the rezoning so that the city can maintain police and library services and its greenbelt areas. Howard Schoonover addressed Council and stated that he believed loyalty must be given to current businesses in the area under consideration for commercial rezoning. He questioned whether a business such as Barr Lumber is able to compete with a Home Depot. He stated that this is the third time in ten years the issue of commercial has arisen and that the homeowners do not want commercial in their back yard. Mr. Schoonover questioned whether Council had done research as to the reason businesses are leaving the city. Jackie Hewitt protested planned commercial at the Crest View School site and cited what she believed were poor business examples in Huntington Beach. She spoke against the relocation of Home Depot to the Crest View School site. 4OI 07101196 - City Council/Redevelopment Agency Minutes - Page 5 Mary Jo Cooper spoke in opposition to commercial development at the Crest View School site. She stated that she did not believe the people speaking in support of development tonight had appeared before and questioned how many lived near the neighborhood that would be affected. She cited the difficulty of private individuals winning a fight against a City Council that is indifferent to the wants and needs of individuals it supposedly served, a school board whose machinations are less than above board and admirable and a large development company that hosts fund raisers for Orange County Supervisors. Robert Cronk requested the school property not be developed as a commercial use and proposed an alternative use such as a youth sports complex and facility to be operated by a private non-profit corporation which would cause no costs to the citizens. He stated that even if the new proposed ballot measure passes there will still not be enough playing fields especially for the kinds of private youth and sports groups and if the ballot measure does not pass the need will be crucial. Avis Ryan informed Council that she lives within 300 feet of the site and that she has not been notified of any meeting. She stated for the record that she was requesting notification in the future so she can attend the Council meetings. Karen Kroft, parent of students at Circle View School and incoming PTO President, spoke in support of the School District's effort to better utilize the closed school sites. She spoke regarding the maintenance cost for Crest View School and stated that the School District needs the revenue to expand and improve current school sites. Peg_Edey, Spring View School PTA President, addressed Council in support of the Crest View and Rancho View School sites being used for commercial sites. She stated that she believes residents find commercial use less intrusive to neighborhoods; that baseball users who come into residential areas cause trash and parking problems. Mrs. Edey spoke regarding the need there will be to look at reopening school sites like Meadow View School sites and Park View School sites which are surrounded by houses and are now being used by school facilities or other places to which they have been rented. Dale Hoover stated that he had not received any notice of this meeting. He stated that Talbert Avenue was busy enough already with trucks at night, when they should go up Beach Boulevard to the freeway and that the trucks should be cut off at a certain time of the night. He stated he did not understand tearing the schools down to expand other schools. Mr. Hoover stated he was not opposed to development as it is his livelihood, however this development would be so close to residential that it would cause inconvenience to people in the proximity. Mr. Hoover spoke regarding the property value loss and recommended that the developer should be given an option to pay off the people who want to move out. Dr. James Tarwater, Ocean View School District representative, urged Council to support the Agenda Item relative to the vacant school sites. He spoke regarding the critical economic times that make a need for revenue sources without increased tax burden to citizens. Dr. Tarwater spoke regarding the needs of the city and School District which will be met. He spoke in support of Crest View School site and Rancho View School site as commercial sites to allow the district to support the city with development that is not a strip mall and create new jobs. He stated that the development would have appropriate buffers to existing properties. 402 Page G - Council/Agency Minutes - 07/01/96 Pat Evans addressed Council on her own behalf and on behalf of Robert and Rochelle Evans, the Van Sickles, Lucille Menzer, Rosemary Lippencott's daughters, and a few other property owners who oppose the rezoning of the Crest View School site. She displayed charts to Council showing the area along Beach Boulevard starting with Crest View School on Talbert Avenue and going north for under two miles and south for two miles. She stated her charts show 373 businesses on Beach Boulevard in that area, with 73 commercial vacancies. She stated that the figures provided on the chart do not include the Edinger Corridor or the Mall at Main Street. She stated that there is not a need for business in their immediate area. She spoke regarding Governor Wilson's proclamation that schools will not exceed 25 students per room and spoke regarding classrooms in the Ocean View School District that are overcrowded . Jackie Adams, student, informed Council that if people do not fight for what they believe in it will not do them any good. She stated that the children in her neighborhood need a place to play and asked that Council not put in stores. Neal Franks informed Council that his position has not changed in opposition to commercial zoning and the worsening traffic on Talbert Avenue. He stated that Talbert Avenue is not an arterial street as stated in the letter that was sent out. Mr. Franks stated that he does not believe the one shot infusion of cash to the School District would be sufficient that there are Home Base type stores already within a four mile radius of that intersection. Richard Adams stated that he is encouraged that the School District is here talking at the Council meeting. He stated that he was encouraged that when Mr. Cronk recommended a sports center that Council made notes which makes him believe Council is looking for the best solution for the neighborhood. He stated the neighborhood does not want commercial but wants a property that can be utilized to enjoy life. Jack Cools urged Council to utilize the property for a senior center or for youth recreational activities or as a last resort, residential. He stated that his concern is the traffic which is already too heavy on Talbert Avenue and Beach Boulevard. He questioned what the predicted traffic increase would be if a large center is opened on Beach Boulevard and whether studies have been made to determine if people will even bother going down Beach Boulevard on a summer day to shop there. He spoke regarding the peace of those interred at Good Shepherd Cemetery across the street. Barbara Adams stated that there are no parks in their area and that their children will cross some very busy, busy streets to get to a place where they can play. She opposed commercial development and stated that she believes the area where Karen Kroft lives thrives because there is a school there and that under the conditions of commercial development, no one will want to live in the Crest View neighborhood. Mrs. Adams stated that she believes Dr. Tarwater's statement regarding this property being ideal for retail lacks insight into the other half of the property bordering their back yard. Jackie Adams, student, addressed Council and stated that they must fight for what they believe in and children must have a place to play. She requested that stores not replace the Crest View School site_ 403 07/01/96 - City Council/Redevelopment Agency Minutes - Page 7 Shiela Cools stated opposition to commercial development at the Crest View School site. She stated that the people needed Council's insight and asked to know what or whom was pulling Council in a direction that was not in the best interests of those who live and vote in the city. She stated that there will be so much traffic saturation that people will no longer come into the city to spend money. Mrs. Cools stated her objective was not to fight City Hall but to ask that City Hall fight for the residents. She stated that she does not believe the Council takes Beach Boulevard; that they go down Gothard Street and that traffic from commercial development will keep people from coming into the city. Pola Toledo -Castillo, representing three of her neighbors, stated the neighborhood is repeatedly informing Council that they do not want commercial development at the Crest View School site. She stated that she believes this is only for the benefit of some of the Ocean View representatives and questioned why some people are working for the Department of Education. Ms. Toledo -Castillo stated that this would not be a big gain for the city. Osman Taban spoke in opposition to commercial development at the Crest View School site, stating that the only reason he moved to the neighborhood is because it is a reasonably quiet and a safe place. Bill Niendorf stated he did not know what should be put on the site, however, he knows it should not be commercial as there will be an increase of traffic on the already very busy Talbert Avenue; that with the traffic coming both ways it now takes him fine minutes in the morning to get out of the tract. He stated that he believes types of business such as Home Base bring a possibility of crime increase, that just recently there was a killing at the Santa Ana Home Base. He stated that once property is made commercial it will never return to any other use. Pat Niendorf stated that there is only one way in and out of their tract and that traffic is atrocious on Talbert Avenue now. She stated the need for the school to reopen for all the young couples moving into the area and bringing their families. Duane Cosby informed Council that their neighborhood has no park and that the Crest View School site has been their park and now it is to be taken away from the neighborhood. He stated that no one seems to want to address the issue of a park in their neighborhood, but they are soon to be asked to vote on an advisory tax to fund parks elsewhere. He stated that the gas trucks were back on Talbert Avenue after being re-routed to Warner Avenue. Mr. Cosby stated that traffic generated by Seacliff Development has not yet hit their area as Talbert Avenue is the closest street to the freeway for the Seacliff Development. He stated that Crest View School has a big auditorium that would be ideal for a Park Use Election Advisory Vote. Mr. Cosby stated that he had informed Dr. Tarwater that there are several children who go to Fountain Valley School and not Crest View School. Mr. Cosby stated that at a meeting he had legitimate questions which were not answered by the city staff or the School District; He stated at the last Council meeting a staff member had informed Council he was mistaken about his questions not being answered, however, a reporter who was at the meeting confirmed that his statement was correct. Mr. Cosby informed Council that he had legitimate questions that need to be answered. He informed Council that people are barred from Lambert Park but the city still maintains the park. 404 Page 8 - Council/Agency Minutes - 07/01/96 Lewis Libman stated that when grass is taken out and concrete put in the city will be making less room for children to play. Mr. Libman stated that the less area there is for kids to play means they will play in the street where big Chevron trucks drive. Winfreid Kunze stated her opposition to commercial zoning and requested the Crest View School site be reopened as a school or as a youth sports complex for the children of Huntington Beach. She stated that Council's help is needed in opposing the rezoning of Crest View School site. Manfred Kunze stated he wished to read his letter so that it will become part of the record. He spoke regarding past petitions presented to Council on April 5, 1995 and October 4, 1995 and of speakers at the council meetings of February 5, 1996 and April 22, 1996. Mr. Kunze stated his opposition to any attempt to rezone the Crest View School site. He stated that Councilmembers were elected to represent their interests and the residents have no one else to turn to for help. He stated that young families with school age children are now moving into the neighborhood in increasing numbers but if Council is certain the school can never be returned to its original purpose, perhaps the millions of dollars proposed for a gym at Murdy Park could be utilized for the various buildings at the Crest View School site; that there is already a fairly large auditorium and lots of green belt to serve as a sports center for Huntington Beach. Ellen Kleizo stated that she believes the school board is steam rolling the neighborhood and Council. She questioned what rights the neighborhood had and stated this is not the way to do things. Ms. Kleizo stated the detrimental effects she believes this caused to their neighborhood and stated that those in support of commercial development would be complaining as loudly as is they, were it their neighborhood. She requested Council to study the issue very carefully and all the impacts there will be on everyone. Councilman Garofalo questioned the city's obligation to maintain Lambert Park and the of Public Works Director reported that the city has a public obligation as it is a city park. Natalie Kotsch, Surf Museum representative, requested that Council also put the question of building the Surf Museum adjacent to the Municipal Pier on the ballot as an Advisory Measure. She read proposed language and requested Council consideration. Mark Stemmer informed Council that he had noticed a landscaper removing a city tree on Main Street and upon checking he found that the landscaper did not have a city business license or worker's compensation insurance or a permit. He stated that the bicycle lane and sidewalk was blocked off causing a traffic hazard. He stated that the work continued after officials had talked to the landscaper and though it was a misdemeanor, Mr. Stemmer requested that steps be taken to stop this from occurring. The City Administrator stated that he would meet with staff and then contact Mr. Stemmer regarding the matter. Councilman Garofalo presented questions regarding city contract jobs. Council requested a report regarding the issue presented by Mr. Stemmer. 405 07/01196 - City CounciURedevelopment Agency Minutes - Page 9 Wendy Mello spoke in support of the Police Chief and his report on the Drug Abuse Resistance Education Program (DARE). Leslie Edwards commended Police Chief Lowenberg for responding to letters from members of the Huntington Beach Mothers Club and stated that they had not received a reply from Council. She stated that she did not believe the Council was responsive and that the Police Department was not supported by the Council. Mrs. Edwards spoke regarding the preventative abilities of the Police Department. She spoke in opposition to the building of a labor center for day workers and presented reasons. She requested that an INS Agent be put at the jail as does the City of Anaheim. Mayor Sullivan stated that the Council always responds to letters and that he had signed the letters today. John Lowe, California Coalition For Immigration Reform representative, spoke in opposition to the planned day laborer center. He read a letter from Barbara Coe dated June 22, 1996, in opposition. Barbara Coe, California Coalition For Immigration Reform representative, stated that she was glad that Council received the letter and requested that it be a matter of record. She stated that she believes Council will be condoning lawlessness. She stated that she would like Council to consider that they have been put on notice. Ms. Coe suggested specific guidelines including proof of citizenship for workers and for employers to be required to provide a business license number, and flyers advising that the Immigration and Naturalization Service will be visiting intermittently. At the request of Councilman Garofalo, the Police Chief reported on the issues. He stated that the Council may wish to refer this to the City Attorney who could provide advice at a later date regarding the legal aspects. He cited the cities of Costa Mesa, Brea, Laguna Beach and San Clemente among cities with this program. Ron Prince, Save Our State representative, spoke regarding pending legislation on legality of issues relating to cities taking action contrary to federal law. He questioned Council's intention in establishing a day labor site. He requested Council to reconsider their action. Michael Hitchens, California Coalition of Immigration Reform representative, referred to a report from the U. S. Labor Department on the detrimental effect of foreign works on the U. S. labor market. He stated the detrimental effects of day laborer sites on the community. Bernie La Chanella, California Coalition For Immigration Reform member, stated he has worked with drug enforcement officers of Costa Mesa and Santa Ana to stop drug use in various areas and the printing of forged documents. He requested Council to do whatever is possible to keep illegal aliens from coming to the labor site. Flora Powelson addressed Council and stated that the Police Officers need to have a contract and that she believed they were being treated unfairly with all that is expected of them such as the Fourth of July and dealing with illegal aliens. �i� Page 10 - Council/Agency Minutes - 07/01/96 Manny Rothstein spoke regarding the effect on medical facilities from use by illegal aliens who are not insured. He spoke regarding what he believed to be other detrimental effects of illegal aliens. Cynthia Doe spoke regarding the improved police services the people desire and a recent burglary she experienced. She spoke in support of a pay raise for police officers. Day Labor Site - Status Report Given - Further Staff Report Requested (120.90) Mayor Sullivan requested the City Administrator to report on the status of the proposed day labor site. The Police Chief reported on the delay with the county in establishing the site at Gothard Street at the old county refuse transfer station. He stated the ordinance is almost finalized. The Police Chief informed Council that he would work with the City Clerk's Office to review the tape to report on items brought up this evening, including the Attorney General's Opinion. Mayor Sullivan presented two questions as follows: What can be done to ensure that illegal aliens are not encouraged to come into the city and will the day laborer site draw illegal aliens from other communities? Report Requested Regarding Talbert Avenue Parking - Truck Route - Lambert Park Access - Archaeological Issue (120.90) Councilman Garofalo requested a status report on Lambert Park. He questioned whether it is an archaeological site and if so, it should be open to groups and/or community colleges for excavation, or in the alternative, dedication of public access easement or a foot path should be provided or an alternative ownership plan be developed. He requested a report on the no parking policy on Talbert. Avenue and that the street at least be posted with signs for certain times of day; also to immediately respond to the truck route issue and restrict truck traffic from 7 a.m. to 7 p.m. or some sort of standard to at least mitigate some of the concerns that are within city control. Councilman Leipzig thanked Mrs. Coe and Mr. Lowe for at least acknowledging that the Council's action a year ago was a request of business and residents to establish a day laborer site. (City Council) Video Presentation By Councilman Garofalo Regarding Special Events In Huntington Beach (960.70) Councilman Garofalo reported regarding surfing events which will be responsible for attracting 1,000,000 visitors to the city. He showed a promotional video made to attract visitors to the city. 407 07101/96.- City Council/Redevelopment Agency Minutes - Page 11 He stated that someone had paid the city just under $50,000 for using the city beach in their advertisement. Councilman Garofalo spoke regarding the economic benefit to the city. He displayed two hinders containing negative press and one binder containing positive press and expressed hope for more positive press. (City Council) City Administrator's Budget And Financial Report (320.20) The City Administrator presented a slide report which he had distributed to Council regarding the Budget titled Major Revenues Compared To Major Expenditures -General Fund. He reviewed the contents of the report which included the per capita sales tax of the cities of Huntington Beach, Westminster, Fountain Valley, Newport Beach, and Costa Mesa. He stated the need to revitalize Huntington Center, the Crest View School site, and the Rancho View School site, Seacliff Shopping Center site and other areas. The City Administrator spoke regarding the need for commercial uses on these sites with the need to protect the neighborhoods. Mayor Pro Tempore Bauer spoke regarding Huntington Center and the need for the Huntington Center representatives to spend time with Council to advise Council of their plans relative to the multi-plex theater. Mayor Sullivan spoke regarding the city's efforts to help the Huntington Mall recruit business and his disappointment that the Broadway store moved from the city. Councilman Garofalo stated that he believes that a complete plan should be shown. Councilman Leipzig stated that the significance of this loss of the Broadway store is the salary for three or four police officers. (City Counciil Police Report Regarding Logistics For Fourth of July Celebration (960,30) The Police Chief stated that an excellent job has been done by the press regarding the proposed Fourth of July events in the city. The Police Chief made a slide presentation. He thanked the Register Newspaper for their positive information regarding the forthcoming Fourth of July Celebration. He stated his hopes that Friday morning, July 5th, there will be reports that the community enjoyed a great Fourth of July celebration. Annual Meeting Of The Huntington Beach Civic Improvement Corporation - Recess Of The Council/Agency Meeting In Order To Convene Annual Regular Meeting Of The Civic Improvement Corporation (125.20) The Chairman called the annual meeting of the Huntington Beach Civic Improvement Corporation to order. �r; Page 12 - Council/Agency Minutes - 07101/96 Civic Improvement Corporation Roll Call Directors Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Directors Absent: None Civic Improvement Corporation Minutes - Approved And Adopted (125.20) A motion was made by Bauer, second by Sullivan, to approve and adopt the minutes of the regular meeting held July 5, 1995, as written and on file in the Secretary's office. The motion carried by the following roll call vote: AYES: Leipzig, Bauer, Sullivan NOES: None ABSENT: None ABSTAIN: Harman, Dettloff, Green, Garofalo Civic Improvement Corporation Election Of Officers A motion was made by Dettloff, second by Garofalo, to approve the election of Mayor Dave Sullivan as President, Mayor Pro Tempore Ralph Bauer as Vice -President and City Clerk Connie Brockway as Secretary of the Civic Improvement Corporation. The motion carried unanimously. Huntington Beach Civic Improvement Corporation - Adjournment The Chairman adjourned the regular meeting of the Huntington Beach Civic Improvement Corporation. City Council) Public Hearing - Continued Open From June 3, 1996 - Community Enrichment Library Fee Increase - Straw Votes Adopted - Hearing Closed With Decision Continued To July 15, 1996 (340.20) The Mayor stateo :gat this was the meeting scheduled for a public hearing to consider an increase to the city's Community Enrichment Library Fee. The revision is being recommended 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 to offset lost General Fund Revenue, Library Budget reductions, additional revenue for library books, maintenance and operation, and to meet the growing demands for new development_ The following communications had been included in the City Council agenda packet: 07/01196 - City Council/Redevelopment Agency Minutes - Page 13 Communication from Deputy City Administrator Franz, dated June 26, 1996, titled Follow-up Report - Community Enrichment Library Fee Communication from William Holman, Planning and Government Relations, PLC Land Company, dated June 24, 1996, regarding the proposed increase to the Community Enrichment Library Fee The following late communications regarding this public hearing were again announced by the City Clerk: Communication from Joyce Riddell, Huntington Beach Chamber of Commerce President, dated June 17, 1996, in opposition to the proposed increase in the Community Enrichment Library Fee Communication from Christine Diemer, Building Industry Association of Southern California, Incorporated, dated June 28, 1996, in opposition to the proposed increase in the Development Fee Increase and Community Enrichment Library Fee Communication from Bob Biddle, Huntington Beach Tomorrow President, dated July 1, 1996, in support of the proposed Community Enrichment Library Fee New resolution, ordinance, and a memorandum dated July 1, 1996, explaining the proposed changes to the resolution and ordinance as previously presented regarding the proposed increase to the Community Enrichment Library Fee Library Department Slide Report titled Community Enrichment Library Fee The Library Director presented an extensive staff report using slides. Mayor Pro Tempore Bauer requested clarification regarding what options are available to Council regarding the fee structure and the activities for which the fee would be applied. The City Administrator reported and stated the City Attorney would also report to Council. The City Attorney presented a report on the reasons why Council should consider the revised ordinance for adoption. She explained the consequences of this issue if the tax initiative on this coming November ballot passes. The City Attorney cited a court case relevant to this issue. Discussion was held between the Council and City Attorney. Mayor Sullivan declared the hearing open. Bill Holman, PLC Land Company representative, stated his opposition to any radical increase in the Community Enrichment Library Fee. He spoke in opposition to the portion of the report giving justification for the fee increase being the rapid development of the Community. He stated that expansion of the library serves the entire community and not only the remaining 14,000 equivalent dwelling units remaining to be absorbed. He spoke regarding the costs of city fees to his company's development. 410 Page 14 - Council/Agency Minutes - 07/01196 Councilman Garofalo asked Mr. Holman if he had comparable costs and stated that perhaps a representative of the Building Industry Association could answer. Mr. Holman, stated in response to Councilman Garofalo, that he believed an assessment district should be formed or some other more equitable way of funding. Richard Therrell, President Elect, Library Patrons Foundation, spoke regarding the long-time work of the community for the library stating that it was not just taxes that build the library. The City Attorney responded to Mr. Therell regarding whether the fee increase since 1991 would be a problem relative to Proposition 13 and the City Attorney clarified the reason it would not be a problem. Sid Kuperberg, Huntington Beach Library Trustee, spoke regarding what may happen down the road with other City Councils and stated that he believes this issue now requires more study and thought. He stressed the point that the library is being affected by a loss of revenue. Don Riscol spoke regarding the importance of the library and stated that the library is going to need funds and that it is as important as police and fire services, as it is protecting the children. Wade Hawley stated that he believes the proposed fee increase is necessary and why he believes there should be an increase in the residential portion of the fee of at least $.05 to $.35 to offset loss of revenue to the library. He spoke regarding the importance of paying off the debt and identifying a portion of these funds to go to the library. 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. Considerable discussion was held among the City Council, Finance Director Villella, and Library Services Director Hayden, including the question of the amount of the proposed fee. Straw Vote - Community Enrichment Library Fee - Residential $.40 - Industrial $.18 Per Square Foot - Approved A motion was made by Bauer, second Green, to approve by straw vote an assessment on a residential base of $.25 increase in the Community Enrichment Library Fee for a total of $.40 a square foot and industrial base of $.18 a square foot, approximately $150,000 to go to the Library and the balance to other cultural activities. The motion carried by the following roll call straw vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None The City Clerk clarified that at the time the resolution is adopted, the effective date of the fee will be BO days after adoption as the fee relates to development. 411 07/01/96 City Council/Redevelopment Agency Minutes - Page 1S Bill Holman, at the request of Councilman Garofalo, stated that realistically his company's developments will not be in a position to be affected by this issue until September, 1996. A motion was made by Bauer, second Leipzig, to continue the decision on the public hearing on the Community Enrichment Library Fee Increase to July 15, 1996. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None Citv Council? Consent Calendar - Items Approved On motion by Garofalo, second Green, Council approved the following consent calendar items, as recommended by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None City Council/Redevelopment Agency) Minutes Approved And Adopted - Approved and adopted minutes of the adjourned regular meeting of March 25, 1995 and the regular meeting of April 1, 1996 as written and on file in the Office of the City Clerk. {City Council) Traffic Signal Modifications - Pacific Coast Highway And Warner Avenue - CC-1012 - Amendment No. 2 To Cooperative Agreement - State Of California Department Of Transportation - County Of Orange - Bid Award - DBX. Incorporated - Approved (600.20 & 600.10) - 1. Approved Amendment No. 2 (County Agreement No. D94-058) to the Cooperative Agreement between the State of California, Department of Transportation, County of Orange, and City of Huntington Beach, 2. contingent on CalTrans approval of the Amendment to the Cooperative Agreement, accepted the low bid submitted by DBX, Incorporated, authorized the Mayor and City Clerk to execute the appropriate agreement for the Traffic Signal Modifications at Pacific Coast Highway and Warner Avenue; CC-1012; for a total bid amount of $214,790; and, 3. contingent on CalTrans approval of Amendment No. 2 to the Cooperative Agreement, authorized the Public Works Director to expend a total of $250,000 to cover the contract amount of $214,790, estimated construction contingencies of $21,479, and supplemental expenditures of $13,731, (City Council) License Agreement - California Federal Bank - Automated Teller Machine Services - Pier Plaza - Approved (600.10) - Approved the License Agreement between the city and California Federal Bank for the provision of an Automated Teller Machine (ATM) Services within the Pier Plaza and authorized the Mayor and City Clerk to execute same. 412 Page 16 - Council/Agency Minutes - 07101/96 (City Council) Alhambra Avenue Street Improvements From Silver Lane To Beach Boulevard - CC-1032 - Plans And Specifications And Advertisement Of Bids - Negative Declaration (Environmental Assessment) No. 96-1 - Approved (600.50) - 1. Approved Negative Declaration No. 96-1 for the Alhambra Avenue Street Improvement Project, CC-1032; 2. approved project plans and specifications and authorized the Public Works Director to solicit bids for the Alhambra Avenue Street Improvement Project, CC-1032; and 3. approved the attached sample contract, subject to award of the contract to the lowest responsible bidder. (City Council) Surplus School Site Master Plan And Youth Sports Needs Assessment Consultant Agreement - Heimberger-Hirsch Corp.- Approved (600.10) - Approved and authorized the Mayor and City Clerk to execute Amendment No. 1 to the Agreement between the city and Heimberger-Hirsch for Landscape Architect Services to expand the existing consultant contract with Heimberger-Hirsch Corporation for Park Design Services to include the scope of services to analyze surplus schools, youth sports, and recreation space needs for the community. (City Council) Clarification - public Facilities Corporation Re -Appointments - McCormick - Perkins - Faber - Dettloff - Approved (110.20) - Approved the re -appointment of Merle McCormick, Buck Perkins, Lorraine Faber, and Robert Dettloff for three-year terms to expire ,tune 30, 1999 on the Huntington Beach Public Facilities Corporation Board of Directors. (City Council) Final Tract Map No. 15071 - Subdivision Agreement -_Tentative Tract Map_ No. 15071 - Broadmoor Homes Southwest, Incorporated - Mukai Subdivision - w1s Edwards Street - n10 Stater Avenue - Approved (420.60) - Approved final Tract Map No. 15071, accepted the offer of dedication and improvements and bonds pursuant to the findings and requirements shown on the tentative map; that Final Tract Map No. 15071 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance, and Tentative Tract Map No. 15071 conditions of approval as approved by the Planning Commission; and instructed the City Clerk to file the following bonds with the City Treasurer: Faithful Performance Bond No. CBB1456, and Labor and Material Bond No. CBB1456, Monument Bond No. C13131457; that Requirements 3(a) through 3(d) have been complied with; approved and authorized execution of the Subdivision Agreement and further instructed the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the aforementioned conditions have been met. 413 07/01/96 - City Council/Redevelopment Agency Minutes - Page 17 (City Council) Final Tract Map Nos. 15034-37 And 15081-86 - Subdivision Agreements - Portions Of Tentative Tract Map No. 14700 - Peninsula 11- PLC - slo Summit Drive Between Seapoint And Goldenwest Streets - Approved (420.60) - Approved the final Tract Map Nos. 15034, 15035, 15036, 15037, 15081, 15082, 15083, 15084, 15085 and 15086; accepted the offer of dedication and improvements and bonds pursuant to the following findings and requirements shown on the tentative map; that Final Tract Map Nos. 15034, 15035, 15036, 15037, 15081, 15082, 15083, 15084, 15085, and 15086, are in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance, and Tentative Tract Map No. 14700 conditions of approval as approved by the Planning Commission; and instructed the City Clerk to file the associated bonds with the City Treasurer, that Requirements 3(a) through 3(d) have been complied with; approved and authorized execution of the Subdivision Agreement; and further instructed the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the aforementioned conditions have been met. City Council) Subgrantee Loan Agreement Between City And Huntington Beach Community Clinic For Community Development Block Grant (CDBG) Funds - Approved (600.10) - Approved and authorized the Mayor and City Clerk to execute the Subgrantee Loan Agreement between the city and the Huntington Beach Community Clinic for a maximum of $100,000 in Community Development Block Grant Funds. (City Council) Resolution No. 96-55 - Adopted - Findings Of Fact And Conclusions Of Law - Appeal Of A Late Charge To GTE For Late Payment Of Utility Taxes - Approved (340.50) - Adopted Resolution No. 96-55 -'A Resolution Of The City Council Of The City Of Huntington Beach Granting In Part The Appeal Of GTE Of A Penalty Assessment For Late Submittal Of The Utility User Tax." Imposition of a penalty in the reduced amount of the interest the city would have collected on its investments in the amount of $192.90. (City Council) Resolution No. 96-56 - Designates_ Persons Authorize_ d To Execute Financial Transactions - City Treasurer Shari Freidenrich - Deputy City Treasurer Patricia Lovelace And Finance Director Dan Villella - Approved (630.50) - Adopted Resolution No. 96-56 - "A Resolution Of The City Council Of The City Of Huntington Beach Authorizing The Manual And/Or Facsimile Signatures Of Shari L. Fraeidenrich, Patricia Lovelace, And Dan T. Villella" Designates the aforementioned persons to execute financial transactions. (City Council) Contract - Rod Gunn And Assoc. - Financial Advisor Services - Issuance Of Lease Revenue Bonds - Funding Shortfalls - Pier Plaza Project And 800 MHz Proiect Costs Approved (600.10) -Approved the contract with Rod Gunn and Associates for Financial Consulting Services for alternative funding methods to finance portions of the $4,000,000,800 MHz Police, Fire, and Public Works Communication System (County -Wide System) and from $2,000,000 to $3,000,000 for the Pier Plaza Project. 414 Page 18 - Council/Agency Minutes - 07/01196 (City Council) Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Designation of City Representatives to the Orange County Housing Authority, Specific Plan Environmental Impact Report Reimbursement Agreement with McDonnell Douglas Realty Company and Appointments, and Re - Appointments to the Community Services Commission and Personnel Commission Appointments and Re -Appointments. (City Council) Designation Of City Representatives - Orange County Housing Authority (OCHA) Advisory Committee - Approved As Amended To Give Council First Right Of Refusal - Appointments Of Gregory Brown And Daniel Bruening - Approved (430.80) — The City Council considered a communication from the Economic Development Director regarding designation of city representatives to the Orange County Housing Authority Advisory Committee. Councilman Bauer stated that he would like Council to have first right of refusal relative to attendance at meetings of the Orange County Housing Authority Advisory Committee. On motion by Bauer, second Harman, Council designated Gregory Brown as the primary staff representative to the Orange County Housing Authority Advisory Committee and Daniel Bruening as the alternate staff representative, said appointments made with the understanding that Council reserves first right of refusal. The motion carried unanimously. (City Council) Specific Plan Environmental Impact Report (EIR) - Reimbursement Agreement - McDonnell Douglas Realty Company - Professional Services Agreement EDAW, Incorporated - Planning Consulting Services -Preparation Of The McDonnell Centre Business Park Specific Plan And Environmental Impact Report - Approved (600.10) The City Council considered the communication from the Community Development Department recommending approval of a proposed Agreement between McDonnell Douglas Realty Company and a proposed Agreement between the city and EDAW, Incorporated relative to the McDonnell Centre Business Park Specific Plan and Environmental impact Report. An amendment was proposed by Council to strike the words "and an optional residential development that is compatible with existing uses from Page No. 2 of the Environmental Impact Report." 415 07/01/96 - City Council/Redevelopment Agency Minutes - Page 19 A motion was made by Bauer, second Green, to approve and authorize the Mayor and City Clerk to execute the Reimbursement Agreement between the city and McDonnell Douglas Realty Company for consulting costs associated with preparation of the McDonnell Centre Business Park Specific Plan and Environmental Impact Report, not to exceed $157,974, and to approve and authorize execution of the Professional Services Agreement with the Firm of EDAW, Incorporated for preparation of the McDonnell Centre Business Park Specific Plan and Environmental Impact Report, at a fee not to exceed $157,974 ,as amended to strike the words "and an optional residential development that is compatible with existing uses from Page No. 2 of the Request For Council Action dated July 1, 1996. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Community Services Commission - Appointments And Re -Appointments - Approved (110.20) The City Council considered a communication from the Community Services Director recommending approval of appointments and re -appointments to the Community Services Commission. Councilman Garofalo stated that he believed there are times the Community Services Commission is not listened to or ignored and perhaps the feasibility of restructuring should be looked at by the Community Services Commission and staff. A motion was made by Councilman Garofalo, second Green, to approve the following appointments to the Community Services Commission: Aileen Manley, recommended by the Westminster School District Board of Trustees to replace Richard Weaver, Diane O'Connell recommended by the Fountain Valley School District Board of Trustees to replace Judy Diaz, Janet Biddle to replace Judy Swan, At Large representative; and Janet Reece, recommended by the Ocean View School District Board of Trustees to replace Dan Moss; and approve the following re -appointments to the Community Services Commission: Michael Simons, Huntington Beach Union High School District, Shirley Carey, Huntington Beach City School District, and Donna Ryan, At large representative for their second, four year term. Terms will begin July 1, 1996 and end June 30, 2000. These appointments and re -appointments are recommended by Council Liaisons Garofalo and Sullivan. The motion carried unanimously. (City Council) Personnel Commission - Appointments And Re -Appointments - Approved (110.20) The City Council considered a communication from the Personnel Director recommending appointments and re -appointments to the Personnel Commission. Councilman Garofalo stated his concerns that he believed that staff has not been involved in this issue nor the whole Council and that he believes the one current commissioner should be allowed to finish his term. He questioned if it represented the philosophy of the whole Council. 416 Page 20 - Council/Agency Minutes - 07/01/96 Councilwoman Dettloff stated that she believes these recommendations are outstanding. Following discussion, a motion was made by Green, second Harman, to approve the re- appointments of Michael Harden to a four-year term to expire June 30, 2000, approve the appointment of Flint Morrison to a four-year term to expire June 30, 2000, approve the appointments of Myron Bogen and James Aldridge to fill vacancies with terms to expire June 30, 1997, approve the appointment of Richard James Shaeffer to a vacancy top expire June 30, 1996, and approve the appointment of Warren Ward to a vacancy to expire June 30, 1999. The motion carried unanimously. (City Council) Continued From Jane 7, 1996 - Orange County Animal Control Contract - Approyed - Downtown Night Time Enforcement of Regulations Pertaining To Dogs (600.25) The City Council considered a communication from the City Administrator which had been continued from the June 7, 1996 meeting regarding a proposed Agreement between the city and county for Animal Control and Shelter Services for the period July 1, 1996 through June 30, 1997, The City Administrator reported. Pat Dapkus, Management Aide, responded to Councilman Bauer's questions regarding a mechanism for animal licensing and stated the representative from the county was present to answer questions. Councilman Garofalo asked questions regarding the manner in which the problem of dogs in the downtown area, the potential for biting a child, and dogs eating at the outside dining tables can be addressed. The City Administrator reported on the difficulty of animal control enforcement. The City Attorney reported. Mr. McDermott, of Orange County Animal Control, stated that if Council wants increased patrol at night in the downtown area the county can do so at the request of the City Council. A motion was made by Garofalo, second Dettloff, to approve and authorize the Mayor and City Clerk to execute the Agreement for Animal Control and Shelter Services between the City and county for the period July 1, 1996 through June 30, 1997 and authorize a provisional payment of $283,983 to cover expenses for fiscal year July 1, 1996 through June 30, 1997. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None 417 07/01/96 - City Council/Redevelopment Agency Minutes - Page 21 (City Council) Legislation Authorization Process Options - Approved As Amended (100.10) The City Council considered a communication from Brian Smith, Management Assistant, regarding modification of the process for gaining City Council authorization to act on legislative issues to meet varying time constraints. Management Assistant Smith presented a staff report including the differences in the processes that can be followed. Councilman Garofalo gave reasons why he opposed approval of this agenda item. He requested that a Council vote that is not a unanimous vote be transmitted as a majority vote. Councilman Harman and Councilwoman Dettloff presented reasons in support of this Agenda Item. Councilman Leipzig gave reasons why he was opposed. He stated that the Mayor can write a letter individually or if the item appears before Council for a vote the Mayor can write a letter on behalf of the whole Council. A motion was made by Harman, second Dettloff, to approve the use of a modified authorization process to act on pending legislative issues in a timely manner and approve the use of the "Abbreviated" and "Fast Track" authorization models when demonstrated time constraints do not allow the full City Council to act upon pending legislative issues in a timely manner and further directed that when a vote is not unanimous that it be sent to Sacramento as the position of a "majority" not "unanimous" position. The motion of the City Council carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green NOES: Leipzig, Garofalo ABSENT: None (City (Council) General Municipal Election - Resolution Nos. 96-45 through 96-48 Election Of City Officers And Submission Of City Measures - Continued To July 15, 1996 (620.20) The City Council considered 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 Statewide Election. Election of three City Councilmembers, a City Clerk and a City Treasurer, and for the submission of three city measures. Page 22 - CounciUAgency Minutes - 07/01/96 Resolution No. 96-45 - "A Resolution Of The City Council Of The City Of Huntington Beach, California, Calling And Giving Notice Of The Holding Of A General Municipal Election To Be Held On Tuesday, November 5, 1996, For The Election Of Certain Officers As Required By The Provisions Of The City Charter And For The Submission To The Voters Pursuant To City Charter Section 61Z Two Questions Relating To Construction On Parkland. Also For The Submission To The Voters An Advisory Measure Regarding The Formation Of A Citywide Assessment District To Construct Recreational Facilities And Fund Youth Sports Field Grants." Resolution No. 96-46 - "A Resolution Of The City Council Of The City Of Huntington Beach, California, Requesting The Board Of Supervisors Of The County Of Orange To Consolidate A General Municipal Election To Be Held On November 5, 1996, With The Statewide General Election To Be Held On The Date Pursuant To Section 10403 Of The Elections Code." Resolution No. 96-47 - "A Resolution Of The City Council Of The City Of Huntington Beach, California, Adopting Regulation For Candidates For Elective Office Pertaining To Candidates' Statements Submitted To The Voters At An Election To Be Held On Tuesday, November 5, 1996." Resolution No. 96-48 - "A Resolution Of The City Council Of The City Of Huntington Beach, California, Providing For The Filing Of Rebuttal Arguments For City Measures Submitted At Municipal Elections." The City Clerk reported. She informed Council that the order of the measures was different than when presented on June 15th and that the Council can determine the order. On motion by Harman, second Green, Council adopted Resolution Nos. 96-45, 96-46, 96-47 and 96-48 by unanimous roll call vote. (See Page No. 23 for final motion.) (City Council) General Municipal Election - Resolution No. 96-49 - Sets Priorities For Written Arguments And Directs Preparation Of Impartial Analyses Continued to July 15, 1996 (620.20) The City Council considered a communication from the City Clerk informing Council of requirements for filing of arguments and preparation of impartial analyses of the following proposed city measures: ADVISORY VOTE ONLY. "Should the City of Huntington Beach construct: a sports field on an undeveloped portion of Huntington Central Park; athletic field lighting at high schools; a public gymnasium at Murdy Community Center; and fund youth sports field grants by establishing a ten year citywide assessment district for total of $11.5 million at a maximum annual cost of: $24 per single family residence; $10 per multi -family unit; and $ 5 per business and mobile home unit?" WR 07/01/96 - City Council/Redevelopment Agency Minutes - Page 23 "Shall the City of Huntington Beach at a cost of $1.83 million construct a gymnasium and related improvements, and reconfigure existing parking at Murdy Community Center, east of Galdenwest Street, south of Norma Drive, to provide youth, adult and senior exercise classes, basketball, volleyball and other recreation/sports activities?" "Shall the City of Huntington Beach at a cost of $1.5 million construct lighted soccer and softball fields, a roller hockey and snack bar concession, parking, restrooms, and related improvements in an undeveloped portion of Huntington Central Park, south of Talbert Avenue and east of Goldenwest Street, on property that was formerly a landfill and mushroom farm?" Written Arguments If Council wishes to have first priority to file arguments relative to a City Measure, the Council may vote to: (1) Authorize and Name Councilmembers to file an argument in favor (2) Authorize and Name Councilmembers to file an argument against (3) Authorize and Name Councilmembers to file an argument in favor and an argument against (Sometimes done by Council to allow minority of Councilmembers to file opposing arguments) Should Council choose not to authorize its members to file written arguments, written arguments shall be selected by the City Clerk pursuant to the State Elections Code. Impartial Analyses The City Council may direct the preparation of impartial analyses on the measures by directing the City Attorney to do so. Resolution No. 96-49 - "A Resolution Of The City Council Of The City Of Huntington Beach, California, Setting Priorities For Filing Written Arguments Regarding City Measures And Directing The City Clerk To Prepare Impartial Analyses." Extensive discussion was held between the City Council and City Clerk regarding the procedure by which Council, according to the State Election Code, may name themselves as a legislative body to file written arguments and the procedure by which, individual Councilmembers may join a bonafide group in the filing of written arguments. On motion by Harman, second Dettloff, Council deferred action on the election resolutions to July 15, 1996, by unanimous roll call vote. d 20 Page 24 - Council/Agency Minutes - 07/01/96 (City Council) Resolution No. 96-57 - Adopted - Commercial Development On Vacant And Surplus School Sites Adjacent To Major Arterials And Other Vacant Or Under Utilized Sites - Approved (460-W) (f p o ,1 0) The City Council considered a communication from Mayor Pro Tempore Bauer, dated July 1, 1996, regarding the Commercial Development of Vacant Surplus School Sites adjacent to Major Arterials and other vacant or under utilized sites. A communication, dated July 1, 1996, from the Community Development Director, regarding Public Notification for the City Council Discussion on the Commercial Development at Vacant/Surplus School Sites, etc. (245 residents notified - Crest View Schools Site) A motion was made by Bauer, second Garofalo, to adopt Resolution No. 96-57 - "A Resolution Of The City Council Of The City Of Huntington Beach Applications For Commercial Development On Large Parcels Of Land Adjacent To Major Arterial Highways Or Other Vacant Or Under Utilized Parcels In The City." Councilman Green stated that he would like a Study Session on this issue as he requires more information. Each Councilmember spoke regarding the Agenda Item. The : notion made by Bauer, seconded by Garofalo, carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Garofalo NOES: Green ABSENT: None (City Council) Overhead/Administrative Cost To Manage Refuse Contract Deferred To August 19, 1996 (810.20) The City Council considered a communication from Councilman Garofalo dated June 24, 1996, regarding the One Million Dollar Overhead/Administrative Cost to the City of Huntington Beach to Manage Refuse Contract. Councilman Garofalo reported. The City Administrator recommended that this item return to Council the second meeting in August. On motion by Garofalo, second Green, Council directed the City Administrator to return with a report at the August 19, 1996 Council meeting. The motion carried unanimously. 421 07/01/96 - City Council/Redevelopment Agency Minutes - Page 25 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 12:50 a.m. to Monday, July 15, 1996 at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: L� City Clerk/Clerk - - City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach Califomia Mayor/Chairman 422