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HomeMy WebLinkAbout1996-09-16MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH An audio tape recording of this meeting is on file in the Office of the City Clerk. Call To Order 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Huntington Beach, California Monday, September 16, 1996 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/Redeyelopment Agency Roll Cad Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Absent: None Recess - Closed Sgssion The Mayor tailed 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 - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiators, Michael Uberuaga and Ron Hagan, regarding negotiations with Huntington Beach Police Officers' Association concerning the lease of the property located at 18221 Gothard Street. Instruction will concern price and terms of payment. Subject: H.B.P.O.A. Lease of Gun Range. (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 Welch v. City of Huntington Beach, et al, Orange County Superior Court Case No. 74 95 50. (120.80) 517 Page 2 - Council/Agency Minutes - 09116/96 Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiators, Michael Dolder, Fire Chief, and Les Jones, Public Works Director, regarding negotiations with Southern California Edison Company concerning the purchase/sale/exchange/ lease of the property located at 3.98 acres located on Edwards Street, between Ellis Avenue and Garfield Avenue (APN 110-015-59). Instruction will concern price and terms of payment. Subject: Southern California Edison Property Negotiations. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(c) to confer with its City 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: TLC Lease Agreement. (120.80) A videotape recording of this meeting is on file in the Office of the City Clerk Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:00 p.m. in the Council Chambers. City Council/Redevglgpment Agency Roll Call Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Absent: None Pledge of Allegiance The Pledge of Allegiance was given by those present in the Council Chamber. Invocation The invocation was given by Mayor Sullivan. Presentation - To Mayor Dave Sullivan and City Council from Bob Goodrich, Huntington Beach Art Center Foundation Chairman, presentation of a check in the amount of $110,000 for the Huntington Beach Art Center. Art Center Foundation members present were Don Jankowiak, Jerry Chapman, Diana Casey, and Mary Harris. Presentation Of Proclamation To Law Enforcement Officers - On behalf of the citizens of Orange County, Orange County Supervisor Jim Silva and Mayor Sullivan presented a proclamation to Orange County Marshal's Department Officer Omar Faria and Westminster Highway Patrolman John Clements for assisting Huntington Beach Police Officer Kregg Muller during the apprehension of a suspect on August 20, 1996. 518 09/16/96 - City Council/Redevelopment Agency Minutes - Page 3 (City Council) Removal Of Agenda Item By Mayor Pro Tempore Bauer - Alcoholic Beverage Contr 's Decision To Limit Hours Of Operation f Prol2osed Restaurant At The Southern d Of Peter' din (420.10) Mayor Pro Tempore Bauer announced that, on the advice of the City Attorney, he would remove his agenda item, communication dated September 5, 1996, requesting that the City Council submit to Governor Pete Wilson an appeal of the Alcoholic Beverage Control's (ABC) decision to limit the hours of operation of the proposed restaurant located at the southern end of Peter's Landing. A communication from Councilman Leipzig to Economic Development Director Biggs dated August 28, 1996 regarding Mamola's Coconut Beach Nightclub had been distributed to Council and made available to the public later in the meeting. to Communications Announced By The City Clerk Pursuant To The Brow 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: Memorandum dated September 13, 1996 from Jay Kreitz, Community Services Commission Chairman, and Shirley Carey, Community Services Commission Vice Chairman, regarding Community Services Commission recommendations for changes in the Fiscal Year 96197 Capital Improvement Projects Budget for Park Acquisition and Development Fund Slide Report from Administration on Adoption of Budget Communication dated September 13, 1996 from Richard Oakley, Seidler -Fitzgerald representative, Public Finance, regarding the city budget as it relates to the financing of the acquisition of a private water system to reduce water service fees Petition listing approximately 46 signatures in support of the applicant relative to the appeal of Special Sign Permit No. 95-13, Mobil Monument Sign Slide presentation, dated September 16, 1996, regarding the Annual Review Downtown Parking Master Plan Communication (undated) from the Community Services Department regarding applications received for Ad Hoc Committee for Art Funding Communication from the Assistant City Administrator, dated September 16, 1996, regarding the Solid Waste Franchise Due Diligence Communication from Todd Priest, Apartment Association of Orange County Assistant Director of Public Affairs, dated September 16, 1996, regarding opposition to proposed revisions to Business Fee Structure 519 Page 4 - Council/Agency Minutes - 09/16/96 Public Comments Chuck Beaureaard, Save Our Kids representative, distributed bumper stickers to the City Council in support of Measures J, K, and L on the November 5, 1996 General Municipal Election ballot. Mr. Beauregard reviewed the content of each of the ballot measures. Kelly Martin, coordinator for Huntington Beach Public Safety First, spoke regarding the events which transpired in the city to which Huntington Beach police officers responded and for which the officers received awards. She informed Council that Huntington Beach Public Safety First also wished to recognize the actions of these officers. Tom Ellick, chairman of Huntington Beach Public Safety First, expressed his frustration and dismay that the City Council would not allow their organization to present their organization's award to the law enforcement officers who received a proclamation earlier in the meeting. Mr. Ellick requested that Police Chief Lowenberg and the officers step forward and receive their awards. Councilman Leipzig thanked Huntington Beach Public Safety First for their concern. He stated the importance of Huntington Beach Public Safety First getting their facts straight regarding the budget. In response to Councilman Garofalo, the Police Chief reported on the budget of the Police Department. Councilman Garofalo commented on the budget for the canine unit as it relates to a recent police officer related shooting. The City Administrator reported on the Police Department's budget at the request of Mayor Sullivan. Mayor Sullivan stated that the subject was not within the purview and procedure relative to this presentation. Councilman Garofalo requested clarification from the City Administrator relative to the Police Department budget. The City. Administrator clarified that more money was being spent on less people and presented reasons. Bill Harkness, Los Angeles Police Protective League representative, stated his support for the Huntington Beach Police Officers' Association. He showed examples of his organization's newsletters which he stated take on their mayor and police chief. He presented the newsletters to Council. Lee Nash requested that the ground cover on her neighborhood parkway be replaced. She presented a petition to Council requesting that the work be done. Ms. Nash spoke regarding her efforts with the Public Works Department on this matter. Larry Reinhart, South Coast Air Quality Management District representative, spoke regarding his department's desire for community input on the air quality plan. 520 09116/96 - City Council/Redevelopment Agency Minutes - Page 5 Patricia Powers, representing the Huntington Beach Playhouse, stated her disappointment that the Huntington Beach Playhouse was not included in the proposed Cultural Services Ad Hoc Committee, the formation of which is scheduled on the consent calendar section of the agenda later in the meeting. She requested that a member of her organization be invited to participate. Discussion was held by Council. Madeline Andor stated that the people who are not in favor of police pay raises are not against the Police Department. Ms. Andor spoke in opposition to the proposed tax on rental units. Sally Graham requested an opinion from the City Attorney relative to a Huntington Beach Police Officers' Association article appearing in Councilman Garofalo's newspaper as it relates to Councilman Garofalo attending closed sessions on H.B.P.O.A. issues. The City Attorney stated that the H.B.P.O.A. could advertise in Councilman Garofalo's newspaper and that if asked by the City Council, she will prepare an opinion as to whether a conflict of interest is involved because money is received from the H_B.P.O.A. Councilman Harman presented reasons why he believed an opinion on this issue is necessary to protect the city. Councilman Garofalo stated that he believes the City Attorney should also respond to the following issue: If Councilman Harman legally represents a member of a city board or commission, will he be allowed to vote on funding for such board or commission? (CityCouncil City Administrator's Repo (City Council) Report Regarding Parkway Ground Cover Replacement - To Be Made By The Public Works Department The City Administrator stated that he would have the Public Works Director prepare a report for the City Council regarding any policy considerations relative to ground cover replacement on city parkways. (City Council Public Hearin - Proposed City Budget For Fiscal Year 1996197 - Revisions To The Ci 's Fees - Revision To Business License Tax - Resolution No. 96-87 and Resolution No. 96-88 - Adopted (320.20) The Mayor announced that this was the meeting set for the continuance from September 3, 1996 of three public hearings to be held concurrently: Public Hearin o. 1 - Fiscal Year 1996197 City Budget The proposed Budget for Fiscal Year 1996197 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. 521 Page 6 - Council/Agency Minutes - 09/16/96 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 Department 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 Treasurer 1. Annual Business License Renewal: Current fee - $6 Proposed fee - $12 2. Initial Business License Application: Current fee - $10 Proposed fee - $25 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 Hearing 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. The City Council considered a communication dated September 14, 1996 listing approximately 162 signatures of Administrative Services Department employees and employees from other city departments respectfully requesting reconsideration of the elimination of Accounting Officer position from the City Budget The City Administrator presented an extensive slide report. He reported that Topper Horack's concern expressed at the last meeting had been addressed. The City Administrator reviewed the layoff procedure. He reported on the petitions signed by employees regarding the positions of Construction Engineer and the Accounting position. Councilman Leipzig questioned the status of the Administrative Item on this agenda regarding business license fees for rental property. Councilman Leipzig was informed that revenue from this source had not been included in the budget before Council. 522 09/16/96 - City Council/Redevelopment Agency Minutes - Page 7 Mayor Pro Tempore Bauer recommended that the proposed tax on rental units be tabled until after the November election and the passage of State Proposition 218 is determined. The City Clerk announced the following communications which she had also announced during the earlier portion of the meeting: Memorandum dated September 13, 1996 from Jay Kreitz, Community Services Commission Chairman, and Shirley Carey, Community Services Commission Vice Chairman, regarding Community Services Commission Recommendations for Changes in the Fiscal Year 96197 Capital Improvement Projects Budget for Park Acquisition and Development Fund Slide Report from Administration on Adoption of Budget Communication dated September 13, 1996 from Richard Oakley, Seidler -Fitzgerald representative, Public Finance, regarding the city budget as it relates to the financing of the acquisition of a private water system to reduce water service fees Slide Report from the Community Development Department Slide presentation, dated September 16, 1996, regarding the Annual Review Downtown Parking Master Plan Communication from the Community Services Department regarding applications received for Ad Hoc Committee for Art Funding Communication from Todd Priest, Apartment Association of Orange County Assistant Director of Public Affairs, dated September 16, 1996, regarding opposition to proposed revisions to Business Fee Structure Marvin Brown requested information on the business license fee increase. The City Administrator reported. Mr. Brown requested that Council have concern for the impact of this proposed fee on the citizens. He stated the business product with which he is involved can be made in China for 20% less. Mr. Brown questioned if Council had considered a decrease in administrative salaries and pensions which could result in more employee resources. He requested that there be no consideration of this license tax. f3lchard Edmondston spoke in opposition to an increase in the renewal fee for business licenses. He stated that he believes such fee proposals will cause passage of State Proposition 218. Tom Donnelly, Police Officer, spoke in opposition to the reductions in the number of police officers, stating that 14 sworn positions had been eliminated in the last five years. He stated his concern with the policies being set and the police officers' concerns that crime will not be able to be fought as in the past. 523 Page 8 - Council/Agency Minutes - 09/16/96 Ed Deuel, Police Officer, offered condolences to the Franks' family who were victims of a terrible tragedy last week. He spoke regarding the City Administrator's report on the past salary increases. Officer Deuel presented an example of the follow-up procedure for a burglary, stating that the procedure is very unworkable. Pamela Buros requested that expenditures be further reduced rather than fees being increased. She referred to the report from the Finance Board stating that personnel costs are 70% of the budget. She requested that consideration be given to reducing pay and benefits of employees, particularly for employees earning over $100,000 annually. Ms. Buros questioned the monthly water billing which she believes costs more than the previous semimonthly billing. She stated that the Art Center should be operated entirely with volunteer support. Jay Kreitz, Chairman of the Community Services Commission, requested that Council consider a reapportionment of funding, stating that the play equipment in the parks must be replaced due to a number of reasons. He requested amortization of the Library Parking Lot Debt so that play equipment can be replaced. Councilman Garofalo stated that he believes it is time to have a study session with the Community Services Commission. Administrative Services Director Franz, at the request of Councilman Garofalo, reported on Mr. Kreitz's comments. The Community Services Director reported on the matter. Councilman Garofalo stated his concern for the safety of the play equipment and public liability in this regard. Tom Logan, Political Corruption Unit of the CBE (Citizens Bureau of Investigation), spoke in opposition to employees' salaries, unfunded pensions, and police lawsuits over pay disputes. He spoke in opposition to the Huntington Beach Water Master Plan. Councilman Harman spoke regarding his opinion that there had been public input on the Water Master Plan issue and presented examples. Topper Horack presented slides on the MSI (Management Services Institute) Report. He stated that he believed the figures for labor costs to process business license permits were too high. He requested information as to the source of the $75,000 salary for the code enforcement officer. Community Services Director Hagan presented a slide report titled Park Acquisition and Development Fund Capital Improvement Projects, FY 96197. He advised Council as to how this report relates to new safety standards for play equipment. He reported on his recommendation that Council adopt the modified recommendation presented. Councilman Garofalo requested a monthly one -page summary of the city's financial status. The City Administrator stated that he will prepare the report. The Public Works Director reported on street sweeping issues in the city, stating that he would report on the procedures now used_ He presented recommendations on the budget. 524 09116/96 - City Council/Redevelopment Agency Minutes - Page 9 Councilman Garofalo requested information regarding the number of full and part-time employees. The City Administrator stated that he would prepare an FTE (full-time equivalency) report regarding employees. Councilman Leipzig asked Councilman Garofalo if he had recommendations for increases or decreases to this budget. Councilman Garofalo presented examples of budget information he needed. Councilman Harman presented concerns regarding the proposed budget and questioned whether alternative procedures could be followed in the future. Councilman Harman referred to the City Administrator's slide presentation. The Police Chief, at Councilman Harman's request, reported that two sworn officers would be eliminated. Councilwoman Dettloff spoke regarding the city's need for revenue sources to cover city services. Mayor Sullivan stated he wished to congratulate the City Administrator for his efforts on this budget Councilman Leipzig made a presentation depicting the allocations made to all ten departments in relation to the Police, Fire, and Public Works Departments' budgets. Mayor Pro Tempore Bauer spoke regarding the considerable demand by the public for services and stated that the city's ability to provide services had been reduced. He spoke regarding the struggle and efforts made in budget deliberations for the past six months. Mayor Pro Tempore Bauer stated that he hoped the Council would unanimously adopt the budget and present inadequacies to the City Administrator and work together to solve them. A motion was made by Bauer, second Garofalo, to approve Alternative No. 1 on Page No. Four of the Request for Council Action dated September 16, 1996 as follows: Alternative Methods To Restore $6.000 Newland „House Expense 1. Add $6,000 to the General Fund Budget and reduce the estimated budget surplus from $6,590 to $590, and 2. Add $6,000 to the General Fund Budget and instruct the Community Services staff to implement charges/fees and cost recovery measures as part of the Newland House operation to increase annual revenues by $6,000 or more, and 3. Instruct the City Administrator to reduce General Fund expenses by $6,000 in other areas (following adoption of the budget) to allow restoration of the $6,000 to the Newland House operation. (No overall General Fund budget increase). Following considerable discussion, the motion carried by unanimous roll call vote. 525 Page 10 - Council/Agency Minutes - 09/16/96 A motion was made by Bauer, second Leipzig, to adopt the following resolutions: Resolution No. 96-87 approving new/increased Business License renewal and processing fees, Building/Planning fees, and Police Department fees - "A Resolution Of The City Council Of The City Of Huntington Beach Amending The Community Development Department, Police Department, And City Treasurer's Department Fee Schedules As Set Forth In Resolution No. 5159." Resolution No. 96-88 approving the City Budget for Fiscal Year 1996/97 including the "Addendum" to the proposed Budget - "A Resolution Of The City Council Of The City Of Huntington Beach Adopting A Budget For The City For Fiscal Year 1996197." The motion carried by unanimous roll call vote. Recess - Reconvene The Mayor called a recess of the City Council and the Redevelopment Agency at 10:10 p.m. The Mayor reconvened the meeting at 10:20 p.m. (City Council) Public Hearing - Continued Open From September 3. 1996 - Appeal Of Special Sicin Permit -13 - "Mobil" Monument Sign - Robert H. Lee & Assoc,- Northeast Corner Adams Avenue And Magnolia Street - Appeal Granted, (420.35) The Mayor announced that this was the meeting set for the continuance of a public hearing to consider the following appeal: Applicant: Robert H. Lee and Associates Request: Appeal of the Planning Commission's conditional approval for a five (5) foot seven (7) inch high, 42 square feet monument sign ("Mobil") which exceeds sign code requirements. The applicantlappellant requests to install the additional freestanding sign in a separate landscape planter along Adams Avenue. Location: 9001 Adams Avenue (northeast corner of Adams Avenue and Magnolia Street) The Community Development Director presented a slide report. The City Clerk announced that the following communications had been received and had been provided to the City Council: Communication dated September 9, 1996 from Planning Commissioners Ed Kerins and Bob Biddle regarding their reasons for voting against the Zoning Administrator's approval Communication dated September 11, 1996 from Linda Perkins in support of the appeal Petition listing approximately 46 signatures in support of the applicant relative to the appeal of Special Sign Permit No. 95-13, Mobil Monument Sign Slide Report from the Community Development Department 526 09/16/96 - City Council/Redevelopment Agency Minutes - Page 11 Mayor Sullivan declared the public hearing open. Mohammed Zwayne spoke on behalf of the appeal and in favor of Mr. Hamid Kalkor's request. Brian Rechsteiner stated his support for the appellant's request. He stated that he also works for Mobil Company. Mr. Rechsteiner presented reasons why the station is an asset to the community. He stated that two of the other three stations at that intersection have this signage. Mr. Rechsteiner stated that when traveling west on Adams Avenue from Fairview Street, Mr. Kalkor's station cannot be easily noticed. Hamid Kalkor presented reasons for his appeal and requested Council approval. Councilman Leipzig asked if Mr. Kalkor had given further consideration to a wall sign. Mr. Kalkor responded as to the reasons why he did not desire a wail sign. Councilwoman Dettloff gave reasons why she agreed with the staff recommendation. Councilman Garofalo stated that he believed the Planning Commission did its job regarding defining policy. He presented reasons why he disagreed with the letter in the packet from Planning Commissioners Kerins and Biddle. Mayor Pro Tempore Bauer presented several questions. Discussion was held between the Council and Community Development Department staff. Mayor Pro Tempore Bauer stated that he believed there are so many exceptions made that the rule seems not to have any meaning. Councilman Harman stated that he had the same concerns as Mayor Pro Tempore Bauer and he believed that if the city ordinance is overly stringent and inflexible, it should be changed but the ordinance should be enforced. Planning Director Zelefsky, in response to Mayor Sullivan, presented his understanding of the Planning Commission decision. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed. In response to Councilman Garofalo, the Fire Chief reported on retrofitting requests from gas stations. Councilman Garofalo stated that there will not be many gas stations meeting retrofitting requirements_ Councilwoman Dettloff requested Council approval of the appeal. A motion was made by Dettloff, second Green, to approve the staff recommendation to approve Special Sign Permit No. 95-13 (as requested by applicant) with findings and modified conditions of approval as set forth on Attachment No. 5 of the Request for Council Action dated September 16, 1996 as follows: 527 Page 12 - Council/Agency Minutes - 09/16/96 FindinQs And Suggested Conditions Of Approval Special Sign Permit No. 95-13 (Applicant's,Request) Findings For Approval -Special Sign Permit No. 95-13 The additional five (5) foot, seven (7) inch high, 42 square foot monument sign which exceeds the maximum allowable sign area for services stations (84 sq. ft. for both signs in lieu of maximum 50 sq. ft.) and exceeds the maximum number of freestanding identification signs (2 in lieu of max. 1), is compatible with the character of the area and is needed for special circumstances defined by the applicant and approved by the Zoning Administrator. The new monument sign allowing sign copy perpendicular to Adams Avenue will provide business exposure to motorists traveling east and west on Adams Avenue, similar to service stations located directly across the street. 2. The proposed monument sign will not adversely affect other signs in the area. The sign complies with the maximum height and area for one business identification sign, and will not block the vision to other signs in the area. 3. The proposed monument sign will not be detrimental to properties located in the vicinity. The location and design of the sign is similar to other business identification/pricing signs in the immediate vicinity, and will not adversely effect adjacent properties. 4. The proposed monument sign at 9001 Adams Avenue will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. The sign will not be located within the site angel visibility area of the corner landscape planter. Suggested Conditions of Approval - Special Sign Permit No_ 95-13 1. The site plan and sign elevations received and dated March 18, 1996, shall be the approved layout with the following modifications: a. The monument sign shall be located within the landscape planter adjacent to Adams Avenue, outside of the ten (10) foot site angle visibility area adjacent to the driveway. The planter width shall be increased to a minimum 13 feet adjacent to the. sign. b. No signs shall be permitted within the ten (10) foot wide planter located along Magnolia Street. c. The sign shall include the address with minimum six (6) inch numerals. 2. A revised site plan depicting the revisions above shall be submitted to the Community Development Department for inclusion in the entitlement file prior to issuance of permits. 3. All conditions of approval shall be printed verbatim on the cover sheet of all plans submitted for plan check. 4. The Planning Commission reserves the right to rescind Special Sign Permit No. 95-13 in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. 528 09/16/96 - City Council/Redevelopment Agency Minutes - Page 13 Information on Specific Code Requirements 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The Planning Commission reserves the right to revoke Special Sign Permit No. 95-13 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. The City Attorney reported that the provisions of the city's Ordinance Code provides a framework which allows the City Council to consider this request. The motion made by Dettloff, second Green, carried by the following roll call vote: AYES: Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Harman, Leipzig ABSENT: None (City Council) Public Hearing - Report Accepted - Staff Directed To Forward To Coastal Commission - Annual Review And Monitoring Report - Downtown Parking Master Plan The Mayor announced that this was the meeting set for a public hearing to consider the Annual Review and Monitoring Report of the Downtown Parking Master Plan. Applicant: City of Huntington Beach, Community Development Department Re ue : First annual review and monitoring report of the Downtown Parking Master Plan. The review and report will include: 1. Amount and type of development square footage approved during the annual review period; 2. Total amount of square footage in the Downtown Parking Master Plan; 3. An inventory of existing parking spaces; 4. A parking utilization study; 5. An assessment of parking demand compared with parking supply; and 6. A determination that adequate parking remains to serve development allowed under the Parking Master Plan. Location: Downtown Specific Plan (area generally bounded by Pacific Coast Highway, Acacia Avenue, Second Street, and Sixth Street) Coastal Status: This item is located in the Coastal Zone. As part of the annual review and monitoring report, the report shall be forwarded to the Executive Director of the California Coastal Commission_ 529 Page 14 - Council/Agency Minutes - 09/16/96 Environmental Status: Code Amendment No. 92-5 the "Village Concept" amendment to the Downtown Specific Plan was covered under Environmental Impact Report No. 82-2 adopted by City Council Resolution No. 5284 on July 18, 1983. The DTPMP was included as part of the code amendment and is covered by EIR No. 82-1. Community Development Director Fallon and Senior Planner Fauland presented staff reports. Councilwoman Dettloff questioned the manner in which the in -lieu fees are used and Senior Planner Fauland reported that the city is working on a process with the City Treasurer's Office for monitoring and billing. Mayor Sullivan declared the public hearing open. There being no one present to speak on the matter and there being no protests filed either oral or written, the hearing was closed by the Mayor. Senior Planner Fauland responded to questions from Councilman Harman regarding monitoring provisions. He also responded to the question from Councilman Garofalo relative to the transfer of the in -lieu parking fee to a new business owner when the original business closes. Councilman Garofalo requested that consideration be given to revising parking meter times. Community Services Director Hagan reported on the reasons for putting paid parking into effect, including the ability to eliminate partying in cars. A motion was made by Garofalo, second Leipzig, to accept as adequate and complete the Annual Review and Monitoring Report of the Downtown Parking Master Plan and forward to the Executive Director of the California Coastal Commission. The motion carried by unanimous vote. Consent Calend r - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Establishment Of Ad Hoc Cultural Services Committee, Urban Design Issues, Lease Agreement - Miley -Keck Tank Farm; Award of Contract, Warner Avenue Rehabilitation Project; Televising of League of Women Voters Candidates Night; and Rainbow Disposal Professional Services Contract. Councilman Harman announced that he would abstain from consideration of the agenda item regarding the League of Women Voters' Candidates Night. Consent Calendar - Items Approved On motion by Green, second Harman, Council approved the following consent calendar items as recommended by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None 530 09/16196 - City Council/Redevelopment Agency Minutes - Page 15 (City Council/Redevelopment Agency) Minutes - Approved And Adopted - Approved and adopted minutes of the Council/Agency regular meeting of June 3, 1996, adjourned regular meeting of June 10, 1996, and regular meeting of June 17, 1996 as written and on file in the Office of the City Clerk_ (Ci CouncilAmendment No. 2 - Agreement Between The Ci1y And Gafcon, . Consultant And Expert Witness Services - Peck Reservoir - Approved (600.10) -Appropriated an additional $40,000 for Gafcon's Peck Reservoir Services into Account No. E-EW-AT-130-4-05- 00; approved and authorized execution by the City Clerk of Amendment No. 2 to Agreement between the city and Gafcon, Incorporated for Consultant and Expert Witness Services. (City CouncilNotice Of Completion - City Gym And Pool Phase 1 - DT C Construction, Inc. - CC- - Quality Control - Joyce Inspections - Approved (600.80) - Accepted the renovation improvements by DTEC Construction, Incorporated of the City Gym and Pool at a projected final cost of $469,116; authorized the City Clerk to file a Notice of Completion with the County Recorder's Office; and authorized the transfer of $9,480 from the project supplemental expense account to Purchase Order No. 2212790 to cover additional expenses for construction inspection and quality control services provided by Joyce Inspections. (City Council) Resolution No. 96-85 - Adopted - Layoff Procedure For Management Employees Or 'nation MEO -Side Le (720.20) -Adopted Resolution No. 96-85 - "A Resolution Of The City Council Of The City Of Huntington Beach Approving And Implementing A Side Letter Of Agreement With The Huntington Beach Management Employees Organization." (City CouncilEnvironmental Board Appointments And Re -Appointments - Woolf -Willis - Ran - Le - Na - Scandura - Approved (110.20) - Re -appointed Jonathan Woolf -Willis and Tom Ryan to second terms and Jenifer Lee to a first full term, all of which will expire on June 30, 2000 and appointed Jean and John Scandura to complete the terms of Mark Singer and Theresa Rey, respectively, which will expire on June 30, 1999. (City Council) ProperW Acquisition - Four Encyclopedia Lots - n/o Ellis AvenueBetween Goldenwest Street And Edwards Streets - Hsi And Chen Lee - Approved (650.40) - Approved the acquisition of four encyclopedia lots APN 110-183-07, 08, 09 and 16 from Hsi and Chen Lee for an amount of $10,000 and authorized the City Clerk to accept the deeds and recordation through escrow. 531 Page 16 - Council/Agency Minutes - 09/16/96 (City Coun it/Redevelo ment A en e t Agency Operative Agreements For 199M6 Pro'ect Areas - Main-PiTalbert-Beach, Oakview, Yorktown/Lake - Huntington Center - Approved (600.30) - Approved the recommendation of the Economic Development Director and the Administrative Services Director and approved the following Operative Agreement Amendments between the city and the Redevelopment Agency for Fiscal Year 1995/96. Increased Increased Amendment (Decreased) (Decreased) Debt Total Increased Pro - iect Area Number Debt to 06/30/96 07/01/90 t 09/30/96 (Decreased) Debt Main/Pier 15 $306,868 $218,956 $525,823 Talbert/Beach 15 119,685 56,562 176,246 Oakview 15 (285,309) 29,897 (255,412) Yorktown/Lake 14 (21,658) 9,447 (12,211) Huntington Center 14 13i 2.191) 80.936 (51.255) Total $ (12,606) $395,798 $383,192 City Council Proces1_Fpj_$urvIusing And Sale Of Five Parcels Of City Pr erty - (NI Marilvn Drive, E1 Dale Vista Lane, Adjacent To Irby Park) - (Alabama S,IMt/Nashville Avenue, S/ Adams Avenue - Old City Yard) - (602 Yorktown Avenue) - (620 Yorktown Avenue) & (2501 England Strepl Approved (650.70) - Approved the initiation of the process of surplusing and sale of the 5 parcels described in the Request for Council Action from the Administrative Services and Economic Development Departments dated September 16, 1996. 1. 6.1 acres N/Marilyn Drive, E/Dale Vista Lane, adjacent to Irby Park. 2. Four vacant lots at Alabama Street and Nashville Avenue, S/Adams Avenue, a remnant of the Old City Yard. 3. 602 Yorktown Avenue. 4. 620 Yorktown Avenue. and 5. 2501 England Street. (City Council) Resolution No. 96-86 - Adopted - Layoff Procedure For Non -Represented Employees (720.20) - Adopted Resolution No. 96-86 - "A Resolution Of The City Council Of The City Of Huntington Beach Approving An Amendment To Resolution No. 6274, As Amended, Regarding The Terms And Conditions Of Employment Of The Non -Represented Employees." (,City Council) Closing. Qf Meadowlark Golf Course Fund And Transfer, of Funds To Pier Plaza Fund - Approved (320,20) - Approved the transfer of $325,000 (estimated at year-end) from the Meadowlark Golf Course Fund to the Pier Plaza Fund which will close out the Meadowlark Golf Course Fund. (City Council Cancellation Of October 7,1925 Eublir. HgaringOn Proposed New Business License RQquirements - Rental f Sin le Family Homes And Duplexes (340.20) The City Council considered a communication from the Administrative Services Department announcing, pursuant to the Brown Act, that a public hearing will be held on October 7, 1996 for the purpose of considering proposed new business license requirements. The City Council had received a communication dated September 10, 1996 from the Huntington Beach/Fountain Valley Board of Realtors opposing a requirement for a business license for single family home rentals and duplex rentals. 532 09/16/96 - City Council/Redevelopment Agency Minutes - Page 17 A motion was made by Bauer, second Green, to approve the recommendation of the City Administrator and cancel the public hearing scheduled for October 7, 1996 regarding establishing a business license fee for single family home rentals and duplex rentals. The motion carried unanimously. (City Council) Presentation Of July Investment ummaReview - Submitted By Cit Treasurer - Approved (310.20) The City Council considered a transmittal from City Treasurer Shari Freidenrich of the Monthly Investment Report for July, 1996 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. A copy of the City Treasurer's slide report had been made available to Council and the public earlier in the meeting by the City Clerk - City Treasurer Freidenrich presented a slide report covering her department's monthly investment report for July. On motion by Harman, second Dettloff, Council accepted the Monthly Investment Report for July, 1996 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried unanimously. (City Council) Establishment Of Ad Hoc CQmmittee - To Study Possible Funding Sources For C-ornau-nity Services Departmelit Cultural Services - Including ntin ton Beach Art Center & Appointment Of Members - Ca-sey - Chapman - Hankin - Friesen - Couey - Goss - Ku erber - Molnar - Schwartz - Mosbo - Approved - Report to Be Presented To Council In Six Months (120.25). The City Council considered a communication from the Community Services Department regarding the establishment of an ad hoc committee to study possible funding sources for Community Services Department Cultural Services and to consider appointing members to the committee. Councilman Green suggested that the scope of responsibility be broadened to include the Huntington Beach Playhouse and also to find ways to reduce costs. Councilman Garofalo presented reasons why he believed more consideration should be given to membership composition. Following discussion, a motion was made by Green, second Garofalo, to appoint the following persons to the ad hoc committee: Diana Casey and Gerald Chapman representing the Huntington Beach Art Center Foundation; Elaine Hankin and Anna Friesen representing the Allied Arks Board; Linda Couey, Janice Goss, Sid Kuperberg, Chloe Molnar, and Steve Schwartz representing the community at large; and Phil Mosbo as an alternate. Mayor Sullivan and Mayor Pro Tempore Bauer to serve as Council Liaisons with Ron Hagan, Community Services Director; Michael Mudd, Cultural Services Manager; and Dan Villella, Finance Director. The motion carried by unanimous vote. The committee is to report to Council in six months. 533 Page 18 - Council/Agency Minutes - 09/16/96 (City Council) Continued From August 19, 1996 - Status Of Citywide Urban Design Issues - Acceptance Of Work Program - Authorization To Solicit Proposals To Assist Staff In Implementing Work Program - Approved (440.50 The City Council considered a communication from the Community Development Director regarding the status of citywide urban design issues. The Community Development Director presented a report in response to Councilman Garofalo's concerns regarding whether the Community Development Department has resources to implement this program. Councilwoman Dettloff presented reasons why she believes this item relates to economic development, citing, for example, the need for development to be creative in order for the city to not be only a one-time resort for tourists. Further discussion was held. On motion by Dettloff, second Green, Council accepted the work program and authorized the solicitation of proposals to assist staff in implementing the work program. The motion carried by unanimous vote. (City Council) Lease Agreement With Huntington Beach Company „-Miley-Keck Tank Farm - 190�81 Huntington Street • ApprrQved (600.10) The City Council considered a communication from the Fire Chief recommending approval of the Lease Agreement between the city and the Huntington Beach Company for the Miley -Keck Tank Farm. At the request of Councilman Harman, the Fire Chief presented a staff report. Councilman Garofalo stated his areas of concern and inquired if another alternative existed. The Fire Chief reported that he believed his recommended action was the best of the alternatives. On motion by Harman, second Green, Council approved and authorized a Lease Agreement with the Huntington Beach Company for the Miley -Keck Tank Farm, 19081 Huntington Street. The motion carried by unanimous vote. (Ci unciil) Award Of Contract - Warner Avenue Rehabilitation ProJect - Beach BQulQvard To B Street - CC-1037 - Approved - Status Report To Be Made On Warner Avenue Landscaping (600.50) The City Council considered a communication from the Public Works Director recommending award of a contract for the Warner Avenue Rehabilitation Project from Beach Boulevard to B Street, Project CC-1037. Councilman Harman expressed concern regarding the contractor's ability to perform the work due to the fact that the company is new. 534 09/16/96 - City Council/Redevelopment Agency Minutes - Page 19 The Public Works Director reported on the matter. City Engineer Eichblatt responded to Councilman Garofalo's questions regarding landscaping issues. The City Administrator informed Council that he would report on the status of the Warner Avenue landscaping. A motion was made by Harman, second Garofalo, to accept the low bid for the Warner Avenue Rehabilitation Project, Beach Boulevard to B Street, CC-1037. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Sauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Authorization For HBTV-3 To Televise League Of Women Voters Candidates Night As A Public Service - October 10, 1296 - Approved (100.10) The City Council considered a communication from Deputy City Administrator Barnard requesting authorization for city staff to televise the League of Women Voters Candidates Night as a public service on October 10, 1996. In response to Councilman Garofalo, Deputy City Administrator Barnard reported on the difference between this program and the program on which candidates present their views. A motion was made by Garofalo, second Green, to authorize city staff to televise the League of Women Voters Candidates Night as a public service on October 10, 1996. The motion carried by the following roll call vote: AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None ABSTAIN: Harman (City Council) Professional Services Contract - Reimbursement Agreement - To Perform Employee Stock Ownership Plan (ESOP) - Entered Into By Rainbow Disposal Company Ing - To Purchase Interest Of Phil Hohnstein - Revigw Of Chase Manhattan Loan Package - Approved As Amended (600.10) The City Council considered a communication from the City Administrator and the City Attorney informing Council that Rainbow Disposal has entered into an Employee Stock Ownership Plan (ESOP) to purchase the interest of Phil Hohnstein in Rainbow Disposal Company, Inc.and obtain a financing package from Chase Manhattan that will fund the ESOP. Therefore, the city is required to conduct a due diligence review of the transaction as per Section 19 of the Rainbow Franchise Agreement. 535 Page 20 - Council/Agency Minutes - 09/16/96 Assistant City Administrator Silver presented a staff report. He reported on a change in Section 7 of the agreement. He recommended that Council approve the three recommended motions set forth in the City Administrator's memorandum to the City Council dated September 16, 1996. A motion was made by Garofalo, second Green, to: 1. Award a Professional Services Contract to Arthur Andersen, LI_P to perform a "due diligence" review of the ESOP and to review the Chase Manhattan loan package to finance the ESOP. 2. Approve the attached Professional Services Contract, in the substantial form presented, with Arthur Andersen, LLP and authorize the Mayor and City Clerk to execute the final contract in the amount of $20,000 for the base contract and no more than $5,000 available as a contingency fund for work order changes. 3. Approve the Reimbursement Agreement with Rainbow Disposal Company, Inc. to pay for the cost of the Professional Services Contract of $25,000 and authorize the Mayor and City Clerk to execute the contract. The motion carried by unanimous roll call vote. (City Council Public Meeting nouncement Of Pro osed New Business License Requirements - Single Family Home Rentals And Duplex Rentals - Public Hearing Scheduled For October 7. 1996 - Cancelled (340.20) The City Council considered a communication from the Administrative Services Department announcing, pursuant to the Brown Act, that a public hearing will be held on October 7, 1996 for the purpose of considering proposed new business license requirements. The City Council had received a communication dated September 10, 1996 from Huntington Beach/Fountain Valley Association of Realtors opposing a requirement for a business license for single family home rentals and duplex rentals. A motion was made by Bauer, second Green, to approve the recommendation of the City Administrator and cancel the public hearing scheduled for October 7, 1996 regarding establishing a business license fee for single family home rentals and duplex rentals. The motion carried unanimously. (City Council) Qrdinance No. 3334 - Adopted - Local Coast 1 Program Amendment No. 1-95 - Z e Change No. 94-2 And Code Amendment No. 91-10 (640.10) The City Council considered Ordinance No. 3334 for adoption - '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 (LCP Amendment 1-95). " Following a reading by title, a motion was made by Green, second Harman, to adopt Ordinance No. 3334. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None 536 09/16/96 - City Council/Redevelopment Agency Minutes - Page 21 CC-:iIy Council) Ordinance No. 3335- Introduction Approved - Creates The Citizen Participation Advisory Board By Consolidating The Citizen's AdvisoryBoard And The Human Resources Board (640.10) The City Council considered Ordinance No. 3335 - "An Ordinance Of The City Of Huntington Beach Creating The Citizen Participation Advisory Board By Consolidating The Citizens Advisory Board And Human Resources Board And Repealing Huntington Beach Municipal Code Chapters 2.99 And 2.103." A motion was made by Green, second Dettloff, to adopt Ordinance No. 3335 after reading by title. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None Ad'ournmen - City council/Redevelopment Agency The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, October 7, 1996 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Cler 4f6� awb� City lerk 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 Mayor/Chairman 537