HomeMy WebLinkAbout1996-09-03 (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
Tuesday, September 3, 1996
An audio tape recording of the 5:00 p.m. portion
of this meeting and a video tape recording of the 7.00 p.m. portion
of this meeting is on file in the Office of the City Clerk.
Call To Order
Mayor Sullivan called the regular meetings of the City Council and the Redevelopment Agency
of the City of Huntington Beach to order at 5:00 p.m. in Room B-8,
City Council/Redevelopment Agency Roll Call
Present: Harman, Bauer, Garofalo, (Green left meeting at 6 00 p.m.), (Dettloff arrived
5:05 p.m.), (Sullivan arrived 5:08 p.m.), (Leipzig arrived 5:30 p.m.)
Absent: None
Recess - Closed Session
The Mayor called a recess of the City Council and the Redevelopment Agency at 5:08 p.m
to consider the following Closed Session items:
Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its
designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert,
Cassidy and Frierson, regarding Labor Relations Matters - Meet and Confer with the following
employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police
Management Association, Municipal Employees' Association, Management Employees' Organization,
Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association_ (120.80)
Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its
attorney regarding pending litigation which has been initiated formally and to which the city is a party.
The title of the litigation is Mills Land and Water Company v_ City of Huntington Beach Orange County
Superior Court Case No. 76 36 24. (120.80)
Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its
attorney regarding pending litigation which has been initiated formally and to which the city is a party.
The title of the litigation is Susan Newman v. City of Huntington Beach - Orange County Superior Court
Case No. 75 87 72. (120.80)
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Page 2 - Council/Agency Minutes - 09/03/96
Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give
instructions to the agency's negotiators, Michael Uberuaga and David Biggs, regarding negotiations with
J. T. Development concerning the purchase/sale of the property located at third block west project in the
Main -Pier Project area at Main Street, Orange Avenue, Olive Avenue, and Fifth Street. Instruction will
concern: Price and terms of payment. Subject: Third Block West. (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.
City Council/Redevelopment Agency Roll Call
Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Garofalo
Absent: Green
The Mayor announced that Councilman Green had been in attendance during the closed
sessions; however, he left the meeting to teach his Tuesday class at Golden West College.
Pl!Qdae Of Allegiance
The Pledge of Allegiance was led by Councilwoman Dettloff.
Invocation
The invocation was given by Mayor Sullivan.
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 distribution of the agenda:
Page inadvertently omitted from the Request for Council Action, dated September 3, 1996
regarding the public hearing on the Huntington Beach Auto Dealers Business Improvement
District Assessment
Communication from Barry Ellerbroek, Huntington Beach Chamber of Commerce
representative, dated August 29, 1996, regarding business license fees
ON
09/03/96 - City Council/Redevelopment Agency Minutes - Page 3
Communication from Employees of the Public Works Department dated August 19, 1996,
regarding the Elimination of Construction Manager Jack Miller
Slide Report from the Administrative Services Department regarding the Revised Budget
Proposal
1995/96 Fourth of July Income/Expense Summary prepared by the Community Services
Department dated August 30, 1996
Communication from Councilman Garofalo dated August 29, 1996 regarding the proposed Low
Income Senior Apartments at Yorktown Avenue and Lake Street (Bowen Court)
Communication from Lena and Rafael Vergara, dated August 20, 1996, in opposition to the
proposed development at Lake Street and Yorktown Avenue (Bowen Court)
Presentation - To Mayor Dave Sullivan and the City Council of a check in the amount of $1,000 from
Tom Ellick, Chairman, Huntington Beach Public Safety First. Mr. John Bassin had donated the $1,000
for the Police Department Canine Unit. Mr. Ellick spoke regarding the importance of the canine
operations unit.
Presentati s - Mayor Dave Sullivan invited County Supervisor Jim Silva to recognize two citizens of
Huntington Beach with a presentation of proclamations on behalf of the County of Orange:
To Councilman Dave Garofalo, 1996 Media Advocate of the Year, from the U. S. Small Business
Administration.
To Phil Inglee, 1996 Financial Services Advocate of the Year, from the U. S. Small Business
Administration.
Statement By Councilman Garofalo
Councilman Garofalo stated he wished to apologize to American Indians for his recent news article which
had been inadvertently offensive about an American Indian's presentation to Council at a recent meeting.
Public Comments
Bob Biddle, Orange County United Way representative, informed Council of the assistance
given by United Way to the community. He informed Council of the five priority issues of United
Way and presented a brochure to the City Council. Mr. Biddle also thanked the City Council for
the efforts of the Public Works Department for twice removing the graffiti from his building. He
presented a pamphlet from the Orange County United Way.
Page 4 - Council/Agency Minutes - 09/03/96
Kellie Martin, Huntington Beach Public Safety First representative, addressed Council regarding
the great amount of overtime assigned to Public Safety Officers and the reduction of the police
positions assigned to perform specialized jobs. She stated that the fees paid to cower special
services should go to the department providing the special services rather than the General
Fund.
Ed Deuel, Police Department Sergeant, addressed Council regarding the temporary cuts made
in police services and the impacts on services including traffic investigation, sexual predator
apprehension, detective follow-up on pornography, and no hit-and-run investigation.
Eric Wersching informed Council of his shock relative to the type of clientele that Main Street
attracts and the lack of police officers on Main Street. He informed Council that he did not feel
safe in the city.
Milton lnbody thanked Councilman Garofalo for placing the issue of the proposed Bowen Court
Senior Citizen Housing Project on this agenda. He spoke regarding the neighborhood's
opposition to the project.
Topper Horack spoke in opposition to the proposed fee and business license renewals and
made a slide report. He stated that the city's cost for processing was not cost effective and
requested the figures be reviewed and further report be made by staff, and that if costs cannot
be reduced that privatization be explored. He referred to a recent meeting at which Councilman
Garofalo defended Councilmembers and requested that a speaker at Public Comments not
make personal comments. He requested that if some Councilmembers are defended that all
Councilmembers be defended.
(City Council) City Administrator's Report
(City Council C ession And Study Session Scheduled On Main Pier Phase II Project
The City Administrator announced that a closed session on Main Pier Phase II would be held
September 9, 1996, followed by a televised study session in the Council Chamber regarding
development in this area. Following the closed session, there will be a General Work Shop format on
Third Block West Project.
(City Council) Consultants For Economic Development Department To Review Potential
Developments On Vacant Sites
The City Administrator reported that at the September 9, 1996 meeting there will be consultants
introduced by Economic Development Department who will be present to discuss potential developments
on vacant sites of the city.
09/03/96 - City Council/Redevelopment Agency Minutes - Page 5
(City Council) Report On Police Departmea Transfers
The City Administrator reported on transfers within the Police Department. He stated that they had been
then in his capacity as City Administrator. He presented reasons for his decision and stated that these
were reallocations of resources and that the department's operations would resume as before by the
beginning of this -fiscal year.
(City Council) Public Hgaring =Res—o—lub n No. 96-69 - Adopted - Annual Assessment For
Fiscal Year 1296197 - To Fund Improvements Within Huntington Beach Auto Dealers
Business Improvement District (460.30)
The Mayor announced that this was the meeting set for a public hearing pursuant to Resolution
No. 96-69 adopted on August 19, 1996 to hear all interested persons for or against the
continuation of the Huntington Beach Auto Dealers Business Improvement District Assessment,
and the furnishing of specified types of improvements or activities.
The following late communication had been announced earlier in the meeting by the City Clerk:
A page inadvertently omitted from the Request for Council Action, dated September 3, 1996
regarding the public hearing on the Huntington Beach Auto Dealers Business Improvement
District Assessment
The procedure for the public hearing was as follows:
Protests may be made orally or in writing but if written, shall be filed with the City Clerk at or
before the time fixed for the hearing and contain sufficient documentation to verify business
ownership and validate the particular protest. If written protests are received from the owners
of businesses within the District which will pay 50% or more of the total assessments to be
levied, no further proceedings to levy the proposed assessment shall be taken for a period of
one year from the date of the finding by the City Council of a majority protest. If the majority
protest is only against the furnishing of a specified type or types of improvements or activity
within the District, those types of improvements or activities shall be eliminated.
The Economic Development Director presented a staff report.
The Mayor declared the public hearing open.
There being no one to speak on the matter and there being no protests filed, either oral or
written, the hearing was closed by the Mayor.
A motion was made by Bauer, second Dettloff, to approve the Huntington Beach Auto Dealers
Business Improvement District Annual Report for 1996-97 and adopt Resolution No. 96-84 - "A
Resolution Of The City Council Of The City Of Huntington Beach Approving An Annual
Assessment For Fiscal Year 1996-97 To Fund Improvements Within The Huntington Beach
Auto Dealers Business Improvement District."
s t�
Page 6 - Council/Agency Minutes - 09/03/96
The motion carried by the following roll call vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Garofalo
NOES: None
ABSENT: Green
Mayor Pro Tempore Bauer extended his appreciation for the sales tax generated by the auto
dealers and urged the community to buy their autos from Huntington Beach Automobile
businesses.
(City Council Public Hearings - Proposed City Budget For Fiscal Year 1996197 -
Revisions To Thg Ci 's Fees - Revision To Business License Tax- Direction Given To
Staff - Hearings Continued Open to September 16, 1996 (320.20)
The Mayor announced that this was the meeting set to consider the three following public
hearings. The hearings are to be held concurrently.
Public Hearing No. 1 - Fiscal Year 1996197 City Budget. The proposed Budget for Fiscal year
1996/97 totals $199,394,017 including General Fund Expenditures proposed at $98,066,822.
The complete, proposed Budget can be reviewed by the public from 8:00 a.m. to 5.00 p.m.,
Monday through Friday in the City Clerk's Office at City Hall, 2000 Main Street, Huntington
Beach. Copies of the proposed budget are also available for public review at the city's Central
Library located at 7111 Talbert Avenue and all branch libraries.
Public Hearina No. 2 - Revisions to various City Fees
The fees under consideration are for cost recovery purposes and include the following:
Police Department
1. Increase Traffic Accident Report Fees
2. Transfer DUI fees from fines to vehicle releases fees
3. Establish a booking fee for arrestees
The additional annual revenue generated from increased fees is estimated to be $84,000.
Community Development ❑eoartment
1. Building Inspections
2. Permit Issuance
3. Plan Review
4. Miscellaneous Inspection Services
The additional annual revenue generated from increased fees is estimated to be $196,000.
City Treasurgr
1. Annual Business License Renewal:
2. Initial Business License Application
Current fee - $6 Proposed fee - $12
Current fee - $10 Proposed fee - $25
500
09/03/96 - City Council/Redevelopment Agency Minutes - Page 7
The additional annual revenue generated from increased fees is estimated to be $96,000. The
city's cost accounting consultant has documented that the city costs for processing annual
business license renewals is $12 per year. The increase would generate an estimated $96,000
annually to cover city costs. City costs for processing new business license applications for the
initial issuance of a Business License is $25 (one time charge.) The increase would generate
an estimated $40,000 annually to cover city costs.
Public Hearina No. 3 - Revision to the City's Business License Ordinance.
A revision to the Business License Tax is being recommended as a revenue raising measure.
It is proposed that the annual basic charge for a Business License be increased by $20 per
year. It is estimated that an additional $320,000 will be generated annually from this increase.
A communication dated August 19, 1996, received from Public Works Department employees
regarding staff reductions in the Engineering Department
Legal notice as provided to the City Clerk's Office by staff had been published, mailed, and
posted.
The following late communications had been announced earlier in the meeting by the City
Clerk:
Communication from Barry Ellerbroek, Huntington Beach Chamber of Commerce
representative, dated August 29, 1996, regarding business license fees_
The City Administrator, referring to the Slide Report distributed by the Administrative Services
Director, made on extensive staff report to the City Council.
The Mayor declared the public hearing open.
Michael Andeway spoke in opposition to the proposed business license fee. He stated that he
works only one day per week as a hairdresser and he had to pay the same fee as those who
work full time. He stated that he was unable to pay the fees.
The City Administrator reported on the amount of the fees
The Mayor stated that it was planned to continue the public hearing open to September 16, 1996,
Councilman Leipzig stated that there has been constant debate as to who is a business person
and who is an employee in relation to requiring a business license. He stated that perhaps
something could be done about part-time contract professional persons.
The City Administrator informed Council that the subject of equity had been discussed with
former City Treasurer Watson. He stated there are areas that need to be changed because of
areas of inequity.
The subject of how economic development will assist the city was discussed at length by the
City Council and City Administrator.
Mayor Sullivan asked that the Council put $6,000 back into the Budget for security measures at
the Newland House. 501
Page 8 - Council/Agency Minutes - 09/03/96
Councilman Garofalo requested clarification of the items commented on by Police Officer Deuel.
A motion was made by Bauer, second Garofalo, to continue the public hearing open to
September 16, 1996, instruct staff to revise the proposed budget as indicated in Attachment
No. 1 to the Request for Council Action dated September 3, 1996, and summarized as follows:
a. Delete the Sewer Maintenance fee proposal, b. Delete the proposed $20 Business License
Fee increase and include the alternative Business License Application and Renewal Processing
Fee increases, c. Include the Building/Planning and Police Department recommended fee
increases, d. Reduce General Fund expenses related to Internal Service Funds and
Redevelopment by $841,907, and instructed the City Administrator to look for the potential for
$6,000 to cover the security at the Newland House. The motion carried by the following roll call
vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Garofalo
NOES: None
ABSENT: Green
A motion by Bauer, second Dettloff, to approve the policies and allocation of new revenue from
the Library Development Fee as recommended in Attachment No. 5 to the Request for Council
Action dated September 3, 1996 ($100,000 General Fund reduction). The motion carried by
the following roll call vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Garofalo
NOES: None
ABSENT: Green
(City Council) is H ariin - Local Coastal Program Amendmel3t No. 1-95 Introduction
Of Ordinance No. 3334 - Approved -, Zone Change No. 94-2 - Code Amendment No 91-10
- Zoning And Subdivision_Ordingrice) - Approved (420.85)
The Mayor announced that this was the meeting set for a public hearing to consider the
following:
Applicant: City of Huntington Beach
Request: To amend the Zoning and Subdivision Ordinance, to incorporate the Coastal
Commission's suggested modifications to Local Coastal Program Amendment No. 1-95 to
conform to the Certified Land Use Plan.
Location: City-wide
Legal notice as provided to the City Clerk's Office by staff had been published, mailed, and
posted.
Planning Director Zelefsky presented a staff report_
The Mayor declared the public hearing open.
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09/03/96 - City Council/Redevelopment Agency Minutes - Page 9
There being no one to speak on the matter and there being no protests filed, either oral or
written, the hearing was closed by the Mayor.
A motion to was made by Dettloff, second by Leipzig, to approve Local Coastal Program
Amendment No. 1 95 (Zone Change No. 94-2 and Code Amendment No. 91-10)
incorporating the suggested modifications recommended by the California Coastal Commission,
based upon the findings outlined in Attachment No. 1 to the Request for Council Action dated
September 3, 1996, by approving introduction of Ordinance No. 3334 (Attachment No. 2 of the
Request for Council Action dated September 3, 1996), after reading by title, - "An Ordinance Of
The City Of Huntington Beach Approving Modifications To The Huntington Beach Zoning And
Subdivision Ordinance As Suggested By The California Coastal Commission (LCD Amendment
No. 1-95)." The motion carried by the following roll call vote:
AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Garofalo
NOES: None
ABSENT: Green
(City Council) - Resolution No. 96-79 - Adopted - Approves Modifications To The
Huntington Beach Zoning And Subdivision Ordinance As Suggested By The California
Coastal Commission (420.85)
The City Council considered a communication from the Community Development Director
transmitting Resolution No. 96-79 - "A Resolution Of The City Council Of The City Of
Huntington Beach Approving Modifications To The Huntington Beach Zoning And Subdivision
Ordinance As Suggested By The California Coastal Commission (LCP Amendment 1-95)."
A motion was made by Dettloff, second Bauer, to adopt Resolution No. 96-79 which indicates
agreement and acceptance of the modifications recommended by the California Coastal
Commission of Local Coastal Program Amendment No. 1-95 and forward to the California
Coastal Commission. The motion carried by the following roll call vote:
AYES.
Harman, Leipzig, Bauer, Sullivan, Dettloff, Garofalo
NOES:
None
ABSENT:
Green
(City Council) Public Hearing - Continued Open To September 16, 1996 - Appeal Of
Special Sign Permit No. 95-13 - Northeast Corner Of Adams Avenue And Mac no is Street
(420.35)
The Mayor announced that this was the meeting set for a public hearing to consider the
following appeal:
Applicant/Appellant: Robert H_ Lee and Associates
e uest: Appeal of the Planning Commission's conditional approval for a five (5) foot seven (7)
inch high, 42 square foot monument sign ("Mobil") which exceeds sign code requirements. The
applicant/appellant requests to install the additional freestanding sign in a separate landscape
planter along Adams Avenue.
503
Page 10 - Council/Agency Minutes - 09/03/96
Location: 9001 Adams Avenue (northeast corner of Adams Avenue and Magnolia Street)
A communication dated August 26, 1996, from the appellant had been received requesting a
continuance of the hearing to September 16, 1996.
Legal notice as provided to the City Clerk's Office by staff had been published, mailed, and
posted.
The Mayor declared the public hearing open.
The Council requested staff to research if there is any other intersection in the city that has gas
stations located on each of the four corners.
By consensus of Council, the public hearing was continued open to September 16, 1996.
Consent Calendar - Items Removed
The following items were requested by Councilmembers to be removed from the Consent
Calendar for separate consideration: Designation Of Voting Delegates To League Of California
Cities Annual Conference Business Meeting and City Costs For Fourth Of July Celebration.
Consent Calendar - Items Approved
On motion by Harman, second Leipzig, Council approved the following consent calendar
items, as recommended by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Garofalo
NOES: None
ABSENT: Green
(City Council Redevelopment Agency Minutes - Approved and adopted minutes of the
Council/Agency, adjourned regular meetings of May 13, 1996, May 16, 1996 and May 17, 1996,
regular meeting of May 20, 1996 and adjourned regular meeting of May 24, 1996.
(City Council) Right Of Entry Agreement For Refuse Disposal Station No. 16 Cannery
Landfill PM 109-7 - North Of Hamilton Avenue And Magnolia Street - City And County Of
Orange - Approved (600.25) - Approved and authorized execution of an agreement between
the city and County of Orange granting the county Right of Entry to Edison Park for monitoring
Refuse Station No. 16, a former Orange County Solid Waste Landfill area.
504
09/03/96 - City Council/Redevelopment Agency Minutes - Page 11
(City Council) Resolution No 96-80 - Adopted - Capital Improvement Programs For The
Years 1926/1997 Through 2002/2003 For Compliance With Measure M (Revised Traffic
Improvement And Growth Ordinance) Requirements (320.40) - Adopted
Resolution No. 96-80 - "A Resolution Of The City Council Of The City Of Huntington Beach
Adopting Capital Improvement Program For The Years 1996/1997 Through 200212003 For
Compliance With Measure M." Projects listed on Exhibit A of Resolution No. 96-80.
Citv Council) Resolution No. 96-78 - Add rated - Public Hearina Scheduled For
OctobeL7. 1996 On Resolution Of Intent For Partial Street Vacation On South Side Of
Constantine Drive €ast Of Beach Boulevard (800.50) - Adopted Resolution No. 96-78 - A
Resolution Of The City Council Of The City Of Huntington Beach Declaring Intent To Vacate An
Easement For Public Street Purposes Over A Portion Of Constantine Drive East Of Beach
Boulevard." (Vacation requested by Polygon Communities, Incorporated).
(Redevelopment Agency) Payment For Legal Services To Stradling, Yocca, Carlson And
Rauth - Waterfront Hilton Hotel Bankruptcy - Approved (600.10) - Authorized payment for
Invoice No. 020 in the sum of $7,000 to Straddling, Yucca, Carson, and Rauth for Legal
Services related to the review of the Waterfront Hilton Bankruptcy related documents.
(City Council) Modification Of Pacific Bell Mobile Services Rent PayMgnt Location Approved (600.10) -Authorized the Mayor to sign the letter of authorization dated
September 4, 1996 to Pacific Bell Mobile Services to make payments for wireless facilities to
the City of Huntington Beach, Attention: Accounts Receivable.
(City Council) Final Tract Map No. 15109 - The Centerstone Company - East Of Beach
Boulevard, South Of Adams Avenue- Bonds And Subdivision Agreement - Approved
(420.60) - Approved Final Tract Map No. 15109 and accepted the offer of dedication and
improvements and bonds pursuant to the following findings and requirements. Findings for
Acceptance of Final Map: 1. Final Tract Map No_ 15109 is in conformance with the California
Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract
Map No. 15109 conditions of approval as approved by the Planning Commission.
Requirements: 1. Offer of dedication and improvements are subject to completion of
requirements shown on the tentative map; 2. The City Clerk is instructed to file the following
bonds with the City Treasurer: Faithful Performance Bond and Labor and Material Bond
No. 1317993 and Monument Bond No. 1317993; 3. Instructed the City Clerk to not affix her
signature to the map nor release it for preliminary processing by the County of Orange for
recordation until the following conditions have been complied with for the map: A deposit of
fees for water, sewer, drainage, engineering, and inspections shall be provided; Certificate of
Insurance shall be submitted; drainage for the subdivision shall be approved by the Public
Works Department prior to recordation of the final map; and approved and authorized execution
of the Subdivision Agreement.
505
Page 12 - Council/Agency Minutes - 09/03196
(City Council) Resolution No. 96-81 - Adopted - The City Of Huntington Beach
Emergency Management Plan (510.20) - Adopted Resolution No. 96-81 - "A Resolution Of
The City Council Of The City Of Huntington Beach Adopting The City Of Huntington Beach
Emergency Management Plan And Approving Submittal Of The Huntington Beach Emergency
Plan To The State Of California Office Of Emergency Services By September 30, 1996."
(.City- Council) Resolut�ign No. 96-8.2 -Adopted - Layoff Procedure For Municipal
Employees Association - Side Letter (720.20) - Adopted Resolution No. 96-82 - "A
Resolution Of The City Council Of The City Of Huntington Beach Approving And Implementing
A Side Letter Of Agreement With The Huntington Beach Municipal Employees Association."
(City Council Substitution Qf B nds - Tract No. 14662 - PLC Land Company Purchased
From Huntington Beach Company - West Of Huntington Street - North Of Main Street -
Approved (420.60) - 1. Released Huntington Beach Company Bond Nos. 11141536091,
11141536091, and 11141536083, the securities furnished for faithful performance, labor and
materials; 2. accepted PLC Land Company Bond Nos, 3SM 886 088 00, 3SM 886 088 00
and 3SM 886 085 00, the securities furnished for faithful performance, labor and material and
monuments respectively, and instructed the City Clerk to file the bonds with the City Treasurer;
and 3. instructed the City Clerk to notify the previous developer, Huntington Beach Company,
of this action, and the City Treasurer to notify the bonding company of this action.
(City C nil Release Of Securities - City Acceptance Of Tract No. 13478 - Hazpkq
T wnh m Inc., Southwest Corner Walnut Avenue And Second Street - Approved
(420.60) 1. Accepted the improvements constructed and dedicated for public use within Tract
No. 13478; 2. Released Bond Nos. 3SM 71690100 and, 3SM 71690100 and 3SM 71690200,
the security furnished for faithful performance, labor and material and monuments respectively;
and 3. Accepted Maintenance Bond No. 423171S, the security furnished for guarantee and
warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer;
and 4. Instructed the City Clerk to notify the developer, Haseko Townhomes, Inc., of this action
and the City Treasurer to notify the bonding company of this action.
(City Council Release Of Securities - Cijy Acceptance Of TrgQt No. 13722 California
Resoeko Associates Pierside Pavilion Northeast C rner Pacific Coast
Highway And Main Street - Aq-Rroved (420.60) 1. Accepted the improvements constructed
and dedicated for public use within Tract No. 13722 (Pierside Pavilion); and, 2. Released Bond
Nos. 3SM 71690100, and 3SM 71690100, and 3SM 71690200, the security furnished for
faithful performance, labor and material and monuments respectively; 3. Accepted
Maintenance Bond No. 423172S, the security furnished for guarantee and warranty
improvements; and instructed the City Clerk to fie the bond with the City Treasurer; and
4. Instructed the City Clerk to notify the developer, California ResortslHaseko Associates of
this action and the City Treasurer to notify the bonding company of this action.
506
09/03/96 - City Council/Redevelopment Agency Minutes - Page 13
(City Council) Resolution . 96-83 - Adopted - Tax Revenue Antici i tes TRAM
Financing - Adopted Resolution No. 96-83 - A Resolution Of The City Council Of The City Of
Huntington Beach California Providing For The Issuance And Sale Of 1996-97 Tax And
Revenue Anticipation (Votes Therefor." (TRANS are short term debt instruments which provide
cash for the financing of budgeted General Fund expenditures in the early portion of the fiscal
year).
(CityCouncil Budget Appropriation For eet Trees - Approved - Approved an
appropriation of $12,000 to fund the purchase of replacement street trees when the costs of
those trees are reimbursed by residents.
City Council) Designation Of Voting Delegates TQ League Of Californi0 Cities Annual
Conference Business Meeting - Mayor Sulliy-an And Ma or Pro Tem ore Bauer Approved. (150.40)
The City Council considered the agenda communication from Deputy City Administrator
Barnard, postdated September 16, 1996, regarding the need to designate voting delegates to
the League of California Cities Annual Conference Business Meeting.
In response to Councilman Garofalo's inquiry, Mayor Sullivan stated the applications and
reservations would be made by the City Council secretary.
In response to Councilman Garofalo's inquiry regarding whether the Brown Act affected this
issue, the City Administrator stated the conference could be attended by Councilmembers. He
stated the Councilmembers would not be attending the conference to hold a meeting and
discuss city business; therefore, adjournment to the conference was not necessary.
A motion was made by Garofalo, second Bauer, to designate Mayor Dave Sullivan as the city
voting delegate and Mayor Pro Tempore Ralph Bauer as the voting alternate to the League of
California Cities annual business meeting scheduled for October 15, 1996 in the Anaheim
Convention Center, and to authorize the City Clerk to attest to the 1996 Annual Conference
Voting Form. The motion carried by unanimous roll call vote with Green absent.
(City Council Cily Qosts For Fourth D-f-11ily Celebration - Amendment To Fiscal Year
1 95-96 Bud et - ARproved (320,20)
The City Council considered the agenda communication from the Community Services Director
dated September 3, 1996 pertaining to the city costs for the Fourth of July Celebration.
The following late communications had been announced earlier in the meeting by the City
Clerk:
1995196 Fourth of July Income/Expense Summary prepared by the Community Services
Department dated August 30, 1996
507
Page 14 - Council/Agency Minutes - 09/03/96
In response to Councilman Garofalo, the Community Development Director stated the Fourth of
July Celebration covers its expenses so is basically self-supporting. He stated the donor wall
could produce some extra income.
Councilman Garofalo stated that he is interested in more vigorously pursuing the idea of the city
being its own licensee for merchandising along the parade route.
The Community Development Director informed Council that the legal work for the
merchandising issue has been completed and that it is one of the items the Fourth of July
Committee is discussing.
A motion was made by Garofalo, second Leipzig, to amend the fiscal year 1995196 adopted
Budget by appropriating $15,900 into Account No_ E-FP-CS-209-2-21-00 to pay city costs for
the Fourth of July Celebration and increase the Fiscal year 1995/96 revenue estimates by
$15,900. (To be reimbursed by additional revenue secured from sponsor donations and
proceeds from fund raising activities.) The motion carried by unanimous roll tail vote with
Green absent.
Councilman Leipzig thanked the Fourth of July Board for the wonderful event they had
accomplished on the Fourth of July; especially for working on a balanced budget basis.
(City Council) Ordinance No. 3333 - Adopted - Library And Cultural Services Development Fee
(340.20)
The Council considered Ordinance No. 3333 for adoption - An Ordinance Of The City Of Huntington
Beach Adding Chapter 17.66 To The Huntington Beach Municipal Code Regarding A Library
Development Fee."
A motion was made by Garofalo, second Dettloff, to adopt Ordinance No. 3333, after reading by title.
The motion carried by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Dettloff, Garofalo
NOES: None
ABSENT: (Leipzig out of the room), Green
(City Council) Low Income Senior Apartments At Yorktown Avenue And Lake Street -
(Bowen Court) - Ad Hoc Committee Formed
The City Council considered a communication from Councilman Garofalo regarding the
proposed Low income Senior Apartment Project at Yorktown Avenue at Lake Street
(Conditional Use Permit No. 94-39) on which the Redevelopment Agency has filed an appeal
relative to the Planning Commission denial of said project on August 13, 1996.
The following late communication had been announced earlier in the meeting by the City Clerk:
Communication from Lena and Rafael Vergara, dated August 20, 1996, in opposition to the
proposed development at Lake Street and Yorktown Avenue (Bowen Court)
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09/03/96 - City Council/Redevelopment Agency Minutes - Page 15
Councilman Garofalo presented background information on the matter. He gave reasons for his
recommendation that a meeting between staff and the neighborhood residents be held and that an Ad
Hoc Council Committee be formed.
Councilwoman Dettloff questioned how many meetings have been held with the property owners in the
area. The Assistant City Administrator reported on meetings held two years ago. He reported on
Redevelopment Law as it pertains to affordable housing requirements.
Economic Development Director Biggs reported that the property owners had disclosure of the senior
project.
Mayor Pro Tempore Bauer reported on his recollection of the issue. He commented on the legal
obligations of the city.
A motion was made by Garofalo, second Bauer, for the Mayor to appoint two Councilmembers to serve
in an Ad Hoc capacity to bring issues to an amicable conclusion for all parties involved. The motion
carried by unanimous roll call vote with Green absent.
Mayor Sullivan appointed Councilmembers Bauer and Garofalo to serve an the City Council Ad Hoc
Committee.
Later in the meeting an announcement was made by the City Administrator that he would not have
involvement in any matter concerning the Bowen Court Senior Project as his residence is adjacent to the
project site.
(City Council) Qualifications For Elected City Attorney - City Council Legal Affairs Committee To
Report January. 1997 - Survey Of Other Cities To Be Made (610.20)
The City Council considered a transmittal from Councilman Garofalo of a memorandum dated
August 7, 1996, written by the City Attorney in response to Councilman Garofalo's request for
the City Attorney's input on the issue of increasing the minimum qualifications of the elected
Office of City Attorney.
Mayor Sullivan directed the City Council Legal Affairs Committee to review the issue of increasing the
minimum qualifications of the elected Office of City Attorney as a study project and return to Council with
recommendation in January, 1997. He stated that it would better insure that future applicants for the City
Attorney Office will be qualified.
Councilman Bauer recommended reviewing other cities' required qualifications for City Attorney.
The City Attorney concurred.
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Page 16 - Council/Agency Minutes - 09/03/96
(City Council) Motion To Schedule A Study Session - Police Officers' Association - Failed For
Lack Of A Second (720.20)
The City Council considered a communication from Councilman Garofalo dated July 22, 1996,
requesting Council action to schedule a meeting between the Council and the negotiating
team/leadership of the Police Officers' Association.
A motion was made by Garofalo to schedule a study session with the Huntington Beach Police Officers'
Association with any rules the Council may consider appropriate and return to Council.
The City Administrator described the Meyers-Milias Brown Act and the city's obligation to meet in good
faith. He stated that all information that an employee association may wish to convey to Council may be
done in writing.
Councilman Garofalo presented reasons for his request.
Discussion was held by Council.
Councilman Garofalo's motion did not receive a second.
(Ciiy Council Recognition Of Or n e Counly Olympic Athletics At Pier Plaza - Re ort To Be
Presented (120.90)
The City Council considered a communication from Councilman Bauer requesting the Council to direct
staff to report on the feasibility of recognizing the Olympic athletes from Orange County
at the new Pier Plaza.
On motion by Bauer, second Leipzig, Council directed staff to report back to Council regarding
recognition of the Olympic athletes from Orange County at the new Pier Plaza. The motion carried by
unanimous roll call vote.
LC—ity Council Finance Board Appointment - An'i Clemens - Approved - Charles Cruit's
Resignation Announced (110.20)
Councilman Harman announced the appointment of Anji Clemens to the Finance Board. He
stated that Ms. Clemens is a Westminster High School Vice Principal and a resident of
Huntington Beach. Ms. Clemens filled the vacancy created by the resignation of Charles Cruit.
(City Council) Presence of Police Officers - Downtown Area
Councilman Leipzig reported that during a recent Friday night visit to the downtown area, he
had seen two foot patrol officers and four police cars.
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09/03/96 - City Council/Redevelopment Agency Minutes - Page 17
Adjournment - City Council/Redevelopmenj Agency
The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the
City of Huntington Beach at 9:45 p.m. to Monday, September 9, 1996 at 5:00 p.m. in the Council
Chamber, Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
City Jerk and ex-officio Clerk of the City
Council of the City of Huntington Beach,
and Clerk of the Redevelopment Agency of
the City of Huntington Beach California
CiClerk/Clerk V Mayor/Chairman
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