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HomeMy WebLinkAbout1996-07-15 (8)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Huntington Beach, California Monday, July 15, 1996 Call To Order Mayor Sullivan called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. City Council/Redevelopment Agency Roll Call Present: Harman, Leipzig, Bauer, Sullivan, Green, Garofalo Absent: Dettloff 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 54956.9(c) based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Subject: Main -Pier Phase II. (400.50) 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: Mola Development Corporation. (400.50) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City v. Montgomery Watson Americas, Incorporated Orange County Superior Court Case No. 76 59 40..(120.80) .423 Page 2 - Council/Agency Minutes - 07/15/95 Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:40 p.m. in the Council Chambers. City Council/Redevelopment Agency Roll Call Present: Harman, Leipzig, Bauer, Sullivan, Green, Garofalo Absent: Dettloff Pledge of Allegiance The Pledge of Allegiance was led by Councilman Green. Invocation Mayor Sullivan gave the invocation. Council Meeting Dedicated To California Highway Patrolman Don J. Burt Mayor Sullivan dedicated the meeting to slain California Highway Patrolman, Don J. Burt, from Fullerton. Introduction And Presentation - To Mayor Sullivan and the City Council, by Margot Finestone, Huntington Beach Sister Cities Association Board President, introduction of the exchange students and chaperone visiting from our Sister City, Anjo, Japan. Those introduced were: Mr. Shinya Kutsuna, Mr. Yohei Hayashi, Ms. Yukari Yorinaga, Mr. Jiro Asaoka, and Mr. Yosuke Yamamoto, Chaperone. The exchange students sang for the City Councilmembers and audience. The Council and audience expressed their appreciation to our sister city visitors. Presentation - To Ron Shenkman, Rainbow Disposal representative, presented a check in the amount of $2,000 for the Huntington Beach Project Drub Abuse Resistant Education (Dare) to Mayor Sullivan, Police Chief Ron Lowenberg, and Ron Russell, Chairman, Pride Foundation. Presentation - To Ron Shenkman, Rainbow Disposal representative, presented a check in the amount of $3,000 for the Oakview Branch Library to Mayor Sullivan and Ron Hayden, Library Services Director, and Richard Therrell, Library Patrons Foundation representative. 424 07/15/96.- City Council/Redevelopment Agency Minutes - Page 3 Late Communications Announced By The City Clerk Pursuant to the Brown Act, the City Clerk announced the following late communications regarding Agenda Items which had been received following the distribution of the agenda: Revised Agenda Page Nos. 1 and 2 - Adding two Closed Session Agenda Items regarding Main -Pier Phase II and Montgomery Watson Americas, Incorporated Item Removed From The Consent Calendar The Closed Session Agenda Item regarding the Mola Development Corporation was removed from the Agenda at the request of the City Attorney Communication dated July 15, 1996, from Debbie Cook, regarding the proposed procedures for placing Measure C projects on the ballot Communication dated July 10, 1996, from Chuck Beauregard, requesting that the Save Our Kids organization be included as an organization willing to write the pro agreement for the Ballot Slide Report prepared by the City Treasurer's Office on the City Investment Policy Communication dated July 15, 1996, from Elyse Barrett in opposition to fee increases for the Huntington Central Park Equestrian Center Slide Report prepared by the Police Department of the Fourth of July activities Public Comments Paul Coulter addressed Council regarding the county canal project between Banning and Hamilton Avenues that eliminated the bridge access that had existed for 30 years from Kanoke Lane onto Eader School and which had bicycle access for all that time. He stated that city officials told him that due to liability reasons they could not install a bicycle access. Mr. Coulter presented reasons why the options presented by the city were not good. He cited the death last year of a 12-year-old bicyclist at Hamilton Avenue and Bushard Street. Mr. Coulter stated the bridge is access to a public park, a public library at Eader School, and the only people going there are children and their families. Mr. Coulter stated now there is no bicycle or baby stroller access and that lack of same will increase city liability as children will have to go on major streets to school and will try to ride their bicycles down the stairs and hurt themselves. He stated that the project is not completed yet and requested Council consideration of his request to keep the bridge access. Alex Coulter, Eader School fourth grade student, informed Council that he cannot ride his bike to school anymore because of the lack of access. He stated that he is not allowed to go to Magnolia Street and cross Banning Avenue and then back to the school, or go all the way to Brookhurst Street and Hamilton Avenue. He requested that Council approve replacing the bike path. Robert Brown, Huntington Beach Fire Department employee, spoke regarding the effect on children with bikes, mothers with strollers, and people with wheelchairs. He requested that access be provided for their benefit and to avoid injuries and lawsuits. He asked the City Council and staff. 4V; Page 4 - Council/Agency Minutes 07/15/95 to reconsider and add a ramp to make the bridge, school library, and playground accessible to all students and citizens. Dave Ryskamp addressed Council regarding the Agenda Item relative to the Huntington Central Park Equestrian fee increase. He stated that the boarders have not had input in this issue and requested Council to continue the item. Jean Kimbrell addressed Council and corrected the amount stated for the Orange County Fair Grounds' boarding rates. She requested that no increase in fees be allowed until the audit is completed. Bill Harris, representing the Huntington Central Park Equestrian Center, clarified the tack box rental which he stated was $5.00 less than Orange County Fair Grounds' charge. He presented a history, from 1989, of the rent structure and gave reasons in support of the projected fee increases. Norma Ankerstar informed Council that she believes the cost of the landscaping has been passed on to the boarders. She stated that as a western horse rider she was prohibited from the use of two arenas. She requested Council to investigate the necessity of the fee increase. Mary Bell stated that there is an existing forum to resolve differences between the concessionaire and the boarders. She stated she is very grateful for the equestrian facilities. Dale Winters stated she believes the equestrian fee needed to be fair and she believes the concessionaire operators need to have more public relations as boarders were leaving the facility. She spoke regarding the detrimental effect on the Therapeutic Riding Center. Ms. Winters stated that the more expensive stalls were receiving less of a fee increase. She stated that the Equestrian Center was here to serve the resident, not the resident to serve the center. Bob Biddle, Huntington Beach Tomorrow President, thanked the Police Chief and the Police Department for their valiant efforts to preserve the peace on the Fourth of July. He stated that Huntington Beach Tomorrow wished notification of future meetings of the Council Subcommittee on Closed School Sites and to receive the minutes of previous meetings so their group can be brought up to speed. He requested expansion of the committee to an ad hoc level so that the community at large may have a greater voice in the disposition of the closed school sites. Mr. Biddle requested no change in the interpretation relative to "Measure U on the agenda item. He informed Council of a recent meeting of the Bolsa Chica Committee and the opinion of Huntington Beach Tomorrow that city water not be provided to this development. He stated that Koll Company could utilize a divining rod and presented the divining rod to the City Clerk. Mr. Biddle stated their organization's hope that the granting of easement to the Waterfront Development would not automatically extend the term of the Waterfront Development Agreement. Mark Porter, on behalf of Huntington Beach Tomorrow, stated he was in agreement with the recommended action on the Agenda Item to request the Orange County Transportation Authority to accept the role of lead agency for the proposed Santa Ana River Crossings Phase II and fund the necessary Environmental Impact Report/Environmental Impact Statement using "Measure M" funds. He also spoke regarding Councilman Bauer's Agenda Item relative to a program to maximize retail development opportunities as it relates to the Huntington Center Mall. He 426 07/15/96 - City Council/Redevelopment Agency Minutes - Page 5 suggested reviewing Anaheim Plaza, which anchored their center with Wal-Mart, and suggested the same for Huntington Center. Robert Malizynski presented a petition listing approximately 137 signatures of residents of Newport West and Fashion Shores titled Canal Street - Bridge Petition, signature on the petition indicates desire to install bike access. He stressed that it was very significant to the concerned parents to get the bridge back to what it was for many years. He stated the neighborhood utilizes it to go to school and soccer events. The City Administrator stated that a report will be prepared for the City Council indicating the cost of the bridge, what it would take to try to provide bicycle access, and the history of the bridge. Councilman Leipzig stated that immediate response may be needed as the bridge is now under construction. The City Administrator stated that staff would prepare a report for City Council of the cost to provide access. Howard Subnick spoke regarding the potential $100,000 savings if the city utilizes free court labor to clean downtown streets. He requested a 20-minute meeting with the City Administrator on this issue. The City Administrator stated he would meet with Mr. Subnick to discuss his suggestion of cleaning downtown streets with labor provided by those individuals exchanging their labor in payment for their inability to pay their traffic tickets. The Public Works Director reported on the matter. Councilman Harman thanked Mr. Subnick and informed him that he had met with one of the judicial officers who informed him this can be done. Councilman Bauer requested a full Council report be prepared on the matter. Scott Cowden thanked the Police and Fire Departments for the courageous job they did on the Fourth of July weekend. Laurel Tubbs requested that taxpayers have a parking permit in the downtown area so that there is no charge for downtown parking for taxpayers who frequent the area and make their purchases in Huntington Beach. Wayne Cleary requested that Council consider a parking permit for residents in the downtown area who try to patronize downtown restaurants and are penalized by the exorbitant amount of $32, for running fifteen minutes overtime while eating dinner. Norm Morrison thanked the Police Department for their efforts on the Fourth of July. Sylvester Lucio informed Council of the events leading to his arrest on the bike path on the Fourth of July and his belief that his rights were violated. 427" Page 6 - Council/Agency Minutes - 07/15/95 Clem Dominguez spoke regarding what he believed was outrageous behavior by police officers on the Fourth of July stating that he did not believe such direction should be given by Council. He requested that the City Attorney excuse these arrests and that an apology be made. Marcella Ketteringham, member of the House -Rabbit Society of Orange County, spoke in opposition to the sale of animals such as chickens and rabbits as a novelty. She requested that Council adopt an ordinance similar to that of the City of Irvine prohibiting such sales. Leslie Edwards, Huntington Beach Mothers' Club member, informed Council that three members of the City Council cannot be recalled due to the State Election Code provisions; however, she would serve Councilman Bauer with a Notice of Intent to Recall. She read the Notice of Intent to Recall and presented it to the Sergeant -at -Arms to present to Councilman Bauer. Denise Carleton, Huntington Beach Mothers' Club member, commended the Police Department on the good job done on the Fourth of July. She spoke regarding reduction in Police Department resources and the effect on public safety such as from the elimination of the officer assigned to sexual predator apprehension. Loretta Wolfe expressed appreciation to the Police Department, the outside law enforcement agencies, and to the Council for a safe and sane Fourth of July. Vi Cowden expressed appreciation to the Police Department and also to the Councilmembers mentioned relative to a recall. Mrs. Cowden stated these Councilmembers have done a good job for the city. Arthur Rosen thanked the Police Department and Fire Department personnel, city employees, and Council for a safe Fourth of July and stated he supported the zero tolerance policy. He invited people who complain to attend the next meeting of the Downtown Residents' Association meeting. Marie St. Germain thanked the Police Department for the great results on the Fourth of July. She stated she was a member of the Special Events Committee and that Police and Fire Department representatives had objected during a meeting to plans for the air show at Pierfest. Miss Germain gave reasons why the air show should not be held. Elaine Rosen thanked the Police Department for the Fourth of July protection. She stated as a member of the Downtown Residents' Association attending the Downtown Residents' Association meeting, it was evident the city departments did not favor the air show event proposed for Pierfest. She gave reasons in opposition to the air show event including the need for more Police and Fire personnel. She presented questions as to whether Pierfest was a private enterprise and stated that, as a resident and tax payer, she would personally insist on seeing all financial reports on Pierfest if the air show is allowed. Natalie Kotsch, Surf Museum representative, addressed Council regarding their request at the last meeting to have a measure on the ballot pertaining to placing the Surfing Museum at the proposed Pier Plaza. She stated that following a meeting with the Mayor, it does not appear to be politically expedient. She spoke regarding the Agenda Item relative to Charter Section 612 - Vote Requirements and stated she hoped the Surf Museum would not be considered a non -city project. 428 07/15/96 - City Council/Redevelopment Agency Minutes - Page 7 Mike Schillmoeller, Denise de Vines, and Pat Downey stated their support for the Police Department but stated opposition to Police Department procedures during the Fourth of July event such as the presence of shot guns, zero tolerance policy, and the process of notification. Karen Millet stated her appreciation for the Police and Fire Departments for the protection they give the city not only on the Fourth of July but year around. Kit Wersching spoke regarding the presence of skinheads on Main Street and stated what she believed to be the lack of adequate police presence. She stated her support for the Police Department. She stated that following the recent attack on a visitor to the downtown area, Council had made efforts to remedy the situation including joining the Orange County Human Relations Organization and requested that police resources which will halt these crimes not be cut. Pat Evans spoke regarding the Crest View area and stated that it is not right for some to benefit by the sale of the Crest View School site while hurting others. She suggested to save money, the five School Districts be consolidated into one School District. She informed Council that there are 60 fast-food and restaurant businesses in a four -mile strip on Beach Boulevard and no more are needed. She stated that a Home Base store will take away business from established stores. Ms. Evans stated that Council has worked toward fixing the slum -like conditions on Slater Avenue and that the proposed development of the Crest View site would rapidly cause another. She questioned where the additional students would attend school in light of the legislation recently signed by Governor Wilson reducing class size. She suggested, when the city is built out through development, that the Ocean View School District sell the eight other closed school sites for residential use if commercial use does not fit into the area and presented reasons why this would be beneficial. Marvin Josephson spoke on behalf of the community living next to the closed Crest View School site. He spoke regarding the School District plans for the school site and stated that the neighborhood strongly opposes the plan due to the loss of their only open space and the substantial increase in traffic on Beach Boulevard and Talbert Avenue. He submitted a map to the City Council which identified a 19% commercial vacancy rate along Beach Boulevard. He questioned why the Council and Planning Commission were so persistent in developing this property which adjoins low density homes. Mr. Josephson requested citizens to join the residents' opposition as the city will be negatively impacted. Gerald Catering spoke in support in the Police Department's monumental efforts during the Fourth of July event and stated that ample warning had been provided to the residents. John Merzweiler spoke in. opposition to employees' salaries. Art Hopkins informed Council that he was a building official in another city. He stated that he was surprised that Title 24 - Accessibility was not applied to the Eader School access problem referred to earlier in the meeting during Public Comments. Mr. Hopkins stated his support for the zero tolerance policy established by the Police Department during the Fourth of July event. General Doug O'Connor informed Council that for four years he was the Commanding General in Korea at a time when the country was preparing for the Olympics and that he had supervised 5,000 officers during this four years of service. He informed Council that in his professional opinion the Police Department procedures were well -planned, staffed, and controlled. V9 Page 8 - Council/Agency Minutes - 07/15/95 Mayor's Comment - Regarding Notice Of Intent To Recall The Mayor commented in regard to the speaker who presented reasons for her recall effort against Councilman Bauer. He pointed out where the facts presented in the Notice of Intent to Recall were incorrect; particularly the statements that Councilman Bauer does not support senior citizens or children's needs. (City Council) Council Committee/Council Liaison Reports Fourth Of July Executive Board Commendation For Outstanding Fourth Of July Event Councilman Garofalo stated he wanted to recognize the Fourth of July Executive Board for their effort put forth on a great parade for the Council and community. He stated it was one of the best parades, a great 48-hour event starting at the Waterfront Hilton and ending with the fireworks display. Sunday Concerts - Huntington Central Park Councilman Bauer stated the first of five concerts had been held Sunday, July 14, 1996, at Huntington Central Park at 5 p.m. behind the Library and that it was presented by the City of Huntington Beach, Huntington Beach Music Society, and sponsored in part by California Resources Corporation and Rainbow Disposal Company. He invited the citizens to attend the remaining four concerts to be held on successive Sundays. (City Council) City Administrator's Report City Administrator Commended City Departments For Excellent Job Done On Fourth Of July The City Administrator thanked the Public Works Department, Fire Department, and all of the employees who worked on the Fourth of July. He stated they did an excellent job. He gave a special thanks to the Police Department and stated that from what he observed, they used only the force necessary and were extremely competent. Police Chief Lowenberg - Fourth Of July Report The Police Chief thanked Council and the many groups that helped with the tactical plan of the Fourth of July. He explained the tactical plan and listed the teams and resources that executed the plan. He thanked Lieutenant John Arnold for managing and executing the zero tolerance plan. He presented a slide report giving details on enforcement of the policy. He also presented a video showing some of the problems the Police Officers had to handle. Councilman Garofalo Requested Tactical Plan For Downtown Area On Weekends Councilman Garofalo thanked the Police Chief for a job well done and suggested he work with the City Administrator and Rich Barnard to have portions of the video shown on Channel 3. He stated he would like the Police Chief to return to Council with a tactical plan for the downtown area for the weekends to remove the element that people are complaining about. He stated there was a need 430 07/15/96. - City Council/Redevelopment Agency Minutes - Page 9 for an education program to go through the Downtown Homeowners' Association and Channel 3 regarding public alcohol consumption, safety on public and private property, and how a party on private property could escalate onto public property and become a problem. Council Thanked The Police Chief For Safe And Sane Fourth Of July Councilman Harman thanked the Police Chief for a safe and sane Fourth of July. He stated he had participated in a tour to observe the Police Department at 11:30 p.m. He stated that the Police did a fine job. Councilman Green thanked the Police Chief and stated his appreciation for General O'Connor's help. Councilman Green stated that he hoped the Police Chief would call upon the General in the future as a consultant. The Police Chief stated he had called upon General O'Connor in the past and would in the future. (City Council) Consent Calendar Moved Forward By consensus of Council, the Consent Calendar was moved forward to be heard before the public hearings. Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Transfer of Police Helicopter's 1995-96 Lease/Purchase Subsidy from Narcotic Forfeiture to Equipment Replacement Fund; Flounder Pump Station Upgrades - CC-742; Peck Reservoir Renovation - CC-696; Donated Space Agreement - County of Orange and City - Police Department Interview Room - Waiver of Insurance; Beach Pickup Truck Replacement - Budget Amendment; Police Department - Bureau of Justice Assistance Local Law Enforcement Federal Block Grant Award; City of Newport Beach Request for Proposal for Basic Life Support Emergency Ambulance Transportation; and Policy Amendment for Charter Section 612 - Vote Requirements - ("Measure C"). Consent Calendar - Items Approved On motion by Leipzig, second Bauer, Council approved the following consent calendar items, as recommended by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Dettloff (City Council/Redevelopment Agency) Minutes - Approved and Adopted - Approved and adopted minutes of the adjourned regular meeting of April 8, 1996, as written and on file in the Office of the City Clerk. 431 Page 10 - Council/Agency Minutes - 07/15/95 (City Council) Resolution No. 96-59 - Adopted - Capital Improvement Programs For The Years 1996-1997 Through 2002-2003 For Compliance With Measure M Requirements (320.40) - Adopted Resolution No. 96-59 - "A Resolution Of The City Council Of The City Of Huntington Beach Adopting Capital Improvement Programs For The Years 1996/1997 Through 2002/2003 For Compliance With Measure M." (City Council) Resolution No. 96-60 - Adopted - Change Of Street Name - Clay Avenue To Summit Drive - From Goldenwest Street - West To Seapoint Street (800.70) - Adopted Resolution No. 96-60 - "A Resolution Of The City Council Of The City Of Huntington Beach Providing For The Change Of The Street Name Of Clay Avenue To Summit Drive, From Goldenwest Street West To Seapoint Street." The resolution was adopted on April 15, 1996; resubmitted to correct resolution wording. (City Council) Renewal Of Agreement - Provision Of Environmental Health Services - County Of Orange - Approved (600.25) - Approved and authorized execution by the Mayor and City Clerk of an Agreement for Provision of Environmental Health Services between the city and the County of Orange to expire June 30, 2001. Services include reviewing and inspect food establishments, portions of the Uniform Housing Code, mobile food preparation vehicles, mobile home parks, mobile x-ray units, motel/hotels, tattoo establishments, and well construction. . (City Council) Request For Amicus Curiae Brief Participation - Turner v. County Of Butte - Utility Tax - Approved (630.50) - Approved joining in Amicus Brief regarding Turner v. County of Butte. Challenges a Butte County utility tax, which was enacted in 1991 without voter approval. The case is pending in the Court of Appeal and will consider the retroactivity of Santa Clara Local Transportation Authority v. Guardino, which upheld the validity of Proposition 62 requiring voter approval of general and special taxes. (City Council) Funds Appropriated To Pay Legal Expenses In Conjunction With American Trader Oil Spill - Agreement - James Ackerman, Attorney At Law (600.10) - Appropriated $4,378 to finalize payment of most recent quarterly billing to pay Legal Expenses regarding the American Trader Oil Spill litigation and appropriated $25,000 to cover the next quarterly billing from Attorney James Ackerman. (City Council) Request For City Of Huntington Beach To Join In Support Of Amicus Curiae Brief - Asgari v. City Of Los Angeles - Approved (630.50) - Approved joining in Amicus Brief regarding the Superior Court case allowed which jury instruction which allowed the jury to assess damages against the City of Los Angeles and the Los Angeles Police Department for a suspected criminal's entire period of incarceration. The decision was affirmed by the appellate court. 432 07/15/96 -.City Council/Redevelopment Agency Minutes - Page 11 (City Council) Request For City Of Huntington Beach To Join In Support Of Amicus Curiae Brief - Denny's, Incorporated v. City Of Agoura Hills, et al. - Free Standing Pole Signs - Approved (630.50) - Approved joining in Amicus Brief regarding: the Los Angeles Superior Court entered judgment against the City of Agoura Hills, finding that its sign ordinance which required the removal of certain freestanding pole signs in violation of California Business and Professions Code Section 5499. (City Council/Redevelopment Agency) Subgrantee Agreement - Fair Housing Council Of Orange County - Approved (600.10) - Approved and authorized the Mayor and City Clerk to execute the Agreement between the city and the Fair Housing Council of Orange County for $35,000 in Community Development Block Grant (CDBG) funds. (City Council) Professional Services Contract - APS Affiliates, Incorporated - Facilities Management Of Public Access Equipment - Public Library System - Approved (600.10) - Approved and authorized execution of the Professional Services Contract between the city and APS Affiliates, Incorporated for Management of Public Access Equipment such as self -serve photo copiers, dollar bill changers, micrographic reader printers, computers, and CD ROM printers, etc. within the public library system. (City Council/Redevelopment Agency) Down -Payment Assistance Program Participant - Pacific Park Villas - Talbert -Beach Redevelopment Project Area - Approved (600.30) - Approved the borrower listed on the Request for Council Action by name, the amount of the loan, and the specific property subject to trust deed; approved and authorized the Chairman and Agency Clerk to execute the Loan Agreement and related documents between the Redevelopment Agency and the participant as prepared by the City Attorney. (City Council) Transfer Of Police Helicopter 1995-96 Lease/Purchase Subsidy From Narcotic Forfeiture To Equipment Replacement Fund - Approved (320.20) The City Council considered the agenda communication from the Police Department pertaining to the transfer of the Police Helicopter 1995-96 Lease/Purchase Subsidy from the Narcotic Forfeiture Fund. In response to Councilman Harman, the Police Chief gave reasons why the Narcotic Forfeiture .Fund was decreasing including the fact that crooks are getting smarter and hiding their assets. Councilman Bauer requested information as to whether this expenditure should be taken out of the General Fund. Transfer Of Police Helicopter Subsidy - Approved A motion was made by Bauer, seconded by Green, to approve the use of the approximately $33,000 remaining in the Helicopter Replacement Fund and $83,800 from the Equipment Replacement Fund to pay the second semi-annual helicopter payment of $116,800 due August, 1996, with the hope that the city looks at another alternative for future years. 433 Page 12 - Council/Agency Minutes - 07/15/95 The City Administrator reported on the Agenda Item and stated there would be a status report on the Equipment Replacement Fund in August. The motion made by Bauer, second Green, carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Dettloff (City Council) Flounder Pump Station Upgrades - Plans & Specifications - Advertise For Bids - CC-742 - Deferred (600.60) The City Council considered the agenda communication from the Public Works Department pertaining to the proposed Flounder Pump Station upgrades. Mayor Sullivan stated the Agenda Item pertaining to the Flounder Pump Station Upgrade Project would be deferred as requested by the City Attorney. (City Council) Peck Reservoir Renovation - CC-696 - Special Notice Of Completion As Amended - Pro Contracting Corporation- Approved (600.75) The City Council considered the agenda communication from the Public Works Department pertaining to the proposed Peck Reservoir Renovation, CC-696. Councilman Green stated that, as a result of Council's Closed Session and upon advice of the City Attorney, he would make a motion, seconded by Garofalo, to authorize the City Clerk to file a Special Notice of Completion with the County Recorder; the Special Notice of Completion shall identify the major items of defective and/or unacceptable work at the project. The notice shall be issued pursuant to the specifications regarding acceptance notwithstanding defective work and shall reiterate that the city expressly reserves any and all rights which the city has or may have against the contractor, the engineer, and/or any other person or entity. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Dettloff (City Council) Donated Space Agreement - County Of Orange - Police Department Interview Room - Waiver Of Insurance - Approved (600.25) The City Council considered the agenda communication from the Police Department pertaining to the Donated Space Agreement between the city and county for the Police Department Interview Room. The Police Chief reported on the purpose of the Agreement at the request of Councilman Bauer. 434 07/15/96 7-City Council/Redevelopment Agency Minutes - Page 13 A motion was made by Bauer, seconded by Green, to approve the Donated Space Agreement between the County of Orange and the city and authorized the City Administrator and City Clerk to execute the Agreement on behalf of the city and also approved waiver of Standard Workers Compensation Insurance and Hold -Harmless Clauses. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Dettloff (City Council) Beach Pickup Truck Replacement - Budget Amendment - Approved With Direction Given To Staff (320.20) The City Council considered the agenda communication from the Community Services Director pertaining to the proposed Budget Amendment for replacement of the Beach Pickup Truck. The Community Services Director responded to questions from Councilman Harman relative to the feasibility of purchasing a less expensive vehicle. Robert Franz, Administrative Services Director, reported on the Agenda Item. Councilman Garofalo requested staff to return with a plan to recapitalize the fund. A motion was made by Garofalo, second Green, to approve a Budget Amendment for fiscal year 1995/96 for $19,000 to purchase a full-size pickup truck to replace a vehicle totaled in an accident, utilize the $11,580 settlement from the private party's insurance carrier, $7,220 from the Equipment Replacement Fund, and further direct staff to return with a plan to recapitalize the fund. The motion carried by the following roll call vote: AYES: Leipzig, Bauer, Sullivan, Green, Garofalo NOES: Harman ABSENT: Dettloff (City Council) Grant Award To Police Department - Bureau Of Justice Assistance Local Law Enforcement Federal Block Grant - Approved With Direction (340.70) The City Council considered the agenda communication from the Police Department pertaining to the Bureau of Justice Assistance Local Law Enforcement Federal Block Grant Award. In response to Councilman Harman, the Police Chief informed Council that there is still a question as to what uses may be made of the Block Grant funds. He reported that the probable uses would be for overtime or a technology system such as an imaging system for filing reports. 435 Page 14 - Council/Agency Minutes - 07/15/95 A motion was made by Harman, second Garofalo, to accept this Grant Award, complete the necessary application process due by the August 9, 1996 deadline, and approve the cash match expenditure of $19,155 from the General Fund balance, and further to direct that prior to allocation of funds Council is to be informed as to how the funds are to be allocated. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Dettloff (City Council) City Of Newport Beach - Request For Proposal For Basic Life Support Emergency Ambulance Transportation - FAILED (510.10) The City Council considered the agenda communication from the Fire Chief pertaining to the City of Newport Beach Request for Proposal for Basic Life Support Emergency Ambulance Transportation. Councilmember Bauer questioned if there are capital costs involved and questioned the reasons for our city providing services to other cities. The Fire Chief reported on aspects of the issue. The Police Chief reported on the benefits of the proposal. Following extensive discussion, a motion was made by Garofalo, seconded by Green, to authorize the Fire Chief to submit a proposal for Basic Life Support Emergency Ambulance Transportation to the City of Newport Beach with a submittal deadline of July 31, 1996 and further that the Mayor consider appointing Councilmembers Bauer and Garofalo as liaisons. The motion FAILED by the following roll call vote: AYES: Leipzig, Green, Garofalo NOES: Harman, Bauer, Sullivan ABSENT: Dettloff (City Council) Policy Amendment For Charter Section 612 Vote Requirements - ("Measure C") (620.50) The City Council considered the agenda communication from the Community Services Director pertaining to the Policy Amendment for Charter Section 612 Vote Requirements, "Measure C". Mayor Sullivan presented reasons why he did not believe there was a need for a change of policy and referred to Council meeting minutes of July 11, 1994. He stated why he believed the measures on the Council Agenda had met the criteria of "Measure C" vote requirements. Councilman Garofalo asked if the issue was to mitigate all of the conditions of the Environmental Impact Report prior to placing the measures on the ballot. 436 07/15/96 - City Council/Redevelopment Agency Minutes - Page 15 Mayor Sullivan stated that the soil in the concerned areas, namely at Murdy Park and the Mushroom Farm, is okay. He stated that Council has enough information to decide on the project. He stated that if the city wishes to clean up the record the issue can return to Council for a vote on the project; the city just does not have the funding yet. Councilman Green clarified the issue that Council does not distinguish between city and non -city projects and that Council keeps the original intent of the proposition. A motion was made by Sullivan, seconded by Green, to not amend the policy and to make city projects use the same policy criteria as outside commercial projects. Councilman Garofalo requested clarification from the City Attorney regarding the City Council meeting action of July 11, 1994. The City Attorney reported on the issue. The Community Services Director reported on the history of the Agenda Item and his understanding of the Mayor's position on the matter. Councilman Green read portions of the communication in the Council packet pertaining to the City Council Subcommittee's determination relative to the definition of the Charter Section 612 language to be that the project has gone through environmental, lease, and/or financing, of the conditional use permit or city process and has been approved by the city. He read a portion of the document including the findings for this policy. Councilman Garofalo stated that he believed the issue is whether the Council is going to follow the July 11, 1994, policy. Discussion was held. The City Attorney reported on the issue stating that the Council can make a de facto change in policy. The City Clerk reported. Discussion was held between Council and Community Services Director Hagan regarding the timing of the "Measure U vote and the Advisory Vote relative to the funding of the proposed assessment district. The City Attorney, in response to Councilman Harman's question regarding the Council voting an exception to the Council policy of July 11, 1994, stated that the Council can make an exception from policy, de facto. The motion made by Sullivan, second by Green, to not amend the policy carried by unanimous vote with Councilwoman Dettloff absent. 437 Page 16 - Council/Agency Minutes - 07/15/95 Recess -Reconvene The Mayor recessed the City Council and Redevelopment Agency meetings at 10:45 p.m. The meeting was reconvened at 11:00 p.m. in the Council Chambers. (City Council) New Public Hearing Scheduled For August 19, 1996 - New Community Enrichment Library Fee (340.20) The Mayor announced that this was the meeting scheduled for a decision on a closed public hearing to consider an increase to the City's Community Enrichment Library Fee. The City Council considered the July 1, 1996, staff report titled Public Hearing and Adoption of Increase to the Community Enrichment Library Fee. The City Council had been provided with copies of the following communications: Communication dated July 26, 1996, from Deputy City Administrator Franz, titled Follow-up Report - Community Enrichment Library Fee Communication dated July 24, 1996, from William Holman, Planning and Government Relations representative, PLC Land Company, regarding the Proposed Increase to Community Enrichment Library Fee Legal notice as provided to the City Clerk's Office by staff had been published and posted. The City Administrator reported on the closed public hearing, and presented reasons why a new hearing is proposed including the need to prepare a Nexus Study. The City Attorney reported. A motion was made by Green, seconded by Garofalo, to instruct staff to schedule a new public hearing for August 19, 1996 to consider a NEW Library and Cultural Services Development Fee in the amount of $0.25 per square foot (residential) and $0.03 per square foot (commercial/industrial). (This new fee is in addition to the existing $0.15 per square foot Community Enrichment Library Fee.) The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Dettloff 438 07/15/96 - City Council/Redevelopment Agency Minutes - Page 17 (City Council/Redevelopment Agency) Public Hearing Continued Open To August 5, 1996 - Consent To Grant Of Parking Easement By Redevelopment Agency To Waterfront Hilton (600.30) The Mayor announced that this was the meeting set for a public hearing to consider the approval of the Redevelopment Agency of the City of Huntington Beach extending the term of a Parking Easement previously granted to the Waterfront Hilton. Location: 21100 Pacific Coast Highway (Northeast Corner of Pacific Coast Highway and Huntington Avenue) Redevelopment Project Area: Main -Pier Project Area On File: The proposed easement and a staff report including a summary of the easement and a report prepared by the Agency of the estimated value of the extension of the easement are available for public inspection in the Office of the City Clerk. The Mayor declared the public hearing open. A motion was made by Green, seconded by Garofalo, to continue the public hearing open on the Consent to Grant of Parking Easement by the Redevelopment Agency to Waterfront Hilton to August 5, 1996. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Dettloff (City Council) General Municipal Election - Resolution Nos. 96-45 through 96-48 - Adopted - Election Of City Officers And Submission Of City Measures (620.20) The City Council considered the agenda 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, a City Treasurer, and for the submission of three city measures. A motion was made by Bauer, seconded by Garofalo, to adopt the following resolutions: 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 612, Two Questions Relating To Construction On Parkland. Also For The Submission To The Voters An Advisory Measure Regarding The Formation 0f A Citywide Assessment District To Construct Recreational Facilities And Fund Youth Sports Field Grants." 439 Page 18 - Council/Agency Minutes - 07/15/95 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." The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Dettloff (City Council) General Municipal Election - Resolution No. 96-49 - Approved - Sets Priorities For Written Arguments - Directs Preparation Of Impartial Analyses (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?" "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 Goldenwest 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?" A motion was made by Garofalo, seconded by Green, to adopt Resolution No. 96-49 as amended, - "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." as amended to not give Council first priority to file written arguments but to direct the preparation of impartial analyses for each measure. The motion carried by unanimous roll call vote with Councilwoman Dettloff absent. 07/15/96 -. City Council/Redevelopment Agency Minutes - Page 19 (City Council) Investment Portfolio Summaries - Presented By City Treasurer - Pursuant To The Investment Policy Of The City of Huntington Beach - Accepted - Investment Advisory Board To Review - City Treasurer To Report Regarding Local Agency Investment Fund (310.20) The City Council considered the agenda communication from the City Treasurer transmitting Investment Portfolio Summaries, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Shari Freidenrich, City Treasurer, made a video presentation on the Investment Policy to Council. Councilman Garofalo requested a few changes on the graphs which he would find helpful. He stated that he would like investments in the Local Agency Investment Fund (LAIF) to be less than 40% of the portfolio. The City Treasurer stated her agreement with Councilman Garofalo. Councilman Garofalo stated he would like to see what other treasurers are doing. The City Treasurer informed Councilman Garofalo of her recent meeting with the City of Anaheim and the areas of the meeting that were productive. Councilman Harman requested information regarding investment fund percentages. He also stated he would like to see the executive summary each time the City Treasurer presents the report. The City Treasurer responded to Councilman Harman's question regarding who is making investments, and who invested prior to her appointment as City Treasurer, and the manner in which investments are now done: Councilman Harman questioned what the check and balance procedure is? City Treasurer reported. In response to Councilman Bauer's comment regarding the lack of checks and balances as the City Charter states the City Treasurer has sole discretion. The City Attorney read the provision of the City Charter which requires Council to set policy for the depository of funds; or in the absence of such Council resolution, in a depository designated in writing by the City Administrator, and in compliance with State Laws and the State Constitution. Councilman Bauer recommended that a disinterested third party hold a seminar on portfolio management of debt instruments. Councilman Garofalo spoke regarding cash flow issues. Deputy City Administrator Franz reported on the issue. 441 Page 20 - Council/Agency Minutes - 07/15/95 A motion was made by Garofalo, seconded by Green, to review and accept the Monthly Investment Reports for October, November, and December, 1995, January, and February, 1996, previously presented to Council but not formally agendized, accept the reports for March, April, and May, 1996, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach, and requested that the Investment Advisory Board review and ask the City Treasurer to report back to Council regarding reducing investment in the Local Agency Investment Fund (LAIF) Portfolio. Councilman Bauer explained that LAIF is like putting money into a savings and loan and if the city needs one -day liquidity, it has to be in a place that has the same safety as does LAIF. He stated that if Council gives instructions to do this, an alternative place needs to be found. He stated the reason the city chose LAIF is because it is the largest in California. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Dettloff (City Council) Huntington Central Park Equestrian Center - Fee Increase - Adopted (600.35) The City Council considered the agenda communication from the Community Services Director transmitting a request from the Huntington Central Park Equestrian Center for Council approval of an increase in fees to boarders. The Community Services Director presented a staff report. He explained that the fee in the Orange County Fair Grounds would be $5.00 higher than the fee at the Huntington Central Park Equestrian Center even including the proposed increase. He presented a history of the issue. A woman from the audience who was shaking her head "no" was requested by Councilman Garofalo to address Council. The woman compared the Orange County Fair Grounds' conditions and fee to the Huntington Central Park Equestrian Center. Mr. Bill Harris, Huntington Central Park Equestrian Center concessionaire, also reported on the request for the fee increase. A motion was made by Bauer, seconded by Green, to approve the Huntington Central Park Equestrian Center monthly fee increases to boarders as follows: Box stalls w/tack box from $340 to $360, Box stalls w/groom from $450 to $470, Pipe stalls w/tack box from $240 to $255, Foaling pens from $280 to $300, and Tack store from $400 to $450. The motion carried by the following roll call vote: AYES: Harman, Bauer, Green, Garofalo NOES: Leipzig, Sullivan ABSENT: Dettloff 442 07/15/96 - City Council/Redevelopment Agency Minutes - Page 21 (City Council) Santa Ana River Crossings (SARX) Cooperative Study - Phase II - Approved Letter Accepting Orange County Transportation Authority As Lead Role (600.40) The City Council considered the agenda communication from the Public Works Director informing Council that staff representatives from the Cities of Costa Mesa, Fountain Valley, Huntington Beach, and Newport Beach, and from the Orange County Environmental Management Agency (OCEMA) propose that the Orange County Transportation Authority (OCTA) accept the role of lead agency for SARX Phase II and fund the necessary Environmental Impact Report/Environmental Impact Statement using "Measure M" funds. A motion was made by Garofalo, seconded by Harman, to authorize the City Administrator and City Clerk to sign the Request to the Orange County Transportation Authority to Accept the Role of Lead Agency for SARX Phase II and fund the necessary Environmental Impact Report/Environmental Impact Statement (EIR/EIS) using "Measure M" funds. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Dettloff (City Council) Development Of Strategy To Deal With Nuisance -Gang -Party Houses - Report Presented (110.10) The City Council considered a communication from Mayor Pro Tern Bauer regarding a recent meeting of the Nuisance House Task Force which is working to develop a program to effectively deal with houses in Huntington Beach which pose the problems of general nuisance, gangs, and parties. The •Rolice.Chief reported on the progress of the Nuisance House Task Force stating that he was please' w—, tF a program. Councilman Harman thanked Councilman Bauer, staff, and the Fire and Police Departments for their efforts. (City Council/Redevelopment Agency) Program To Maximize Retail Development Opportunities - Staff To Agendize Study Sessions On Special Sites For Economic Development (460.30) The City�c�unci�onsideredta communication from Mayor Pro Teem Bauer proposing the develo"�'ment of -a comprehensive program which would maximize sales tax and transient occupancy tax consistent with good city planning sites in the city to include: 1. Huntington Mall 2. Edinger Corridor 3. Beach Boulevard from Westminster Avenue to the Beach Boulevard 4. The 31 acre Morgan Stanley site on Pacific Coast Highway 5. The 45 acre Waterfront Hilton site 6. The McDonnell Douglas site Councilman Bauer presented a report. 443 Page 22 - Council/Agency Minutes-- 07/15/95 Councilman Garofalo requested clarification of Councilman Bauer's memorandum. A motion was made by Green, seconded by Harman, to direct staff to agendize a study session on Special Sites for Economic Development; the sites to be provided from a list in Councilman Bauer's communication. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Dettloff Closed Session Regarding British Petroleum Lawsuit To Be Held July 22, 1996 In response to the City Attorney's scheduling conflict with the Closed Session on the British Petroleum lawsuit, and in order to permit the presence of Legal Counsel Ackerman at that Council meeting it was the consensus of Council to keep the scheduled date of July 22, 1996, even though the matter had not been reviewed by the Legal Affairs Committee. 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 12:45 a.m. to Monday, July 22, 1996, at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk 444 -- , . Z�� City C ark and ex-officio Clerk o the City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach California Mayor/Chairman