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HomeMy WebLinkAbout1997-04-07 (14)MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Monday, April 7, 1997 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 are on file in the Office of the City Clerk CALL TO ORDER Mayor Hauer 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 COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: Julien (CITY COUNCIL) STUDY SESSION - REPORT REGARDING LEAGUE OF CALIFORNIA CITIES ACTIVITIES AND DIRECTION REGARDING FISCAL STABILIZATION FOR LOCAL AGENCIES (150.40) Mayor Bauer introduced Ron Bates, State League of California Cities President, who provided an overview of league activities. Mr. Bates informed Council that local governments have lost over $3 billion in revenue to the state. He reported that this loss was even more when such state imposed mandates as imposition of booking fees are considered. He informed Council that the main priority of the League is fiscal stabilization for local agencies and the impact of welfare reform on local government. He reported on these priorities. Mr. Bates stressed the need to protect what revenue the cities presently have, stating that the second priority is home rule followed by a majority vote requirement for new tax issues rather than a two-thirds majority vote requirement. He stated that for imposition of property tax the two-thirds majority vote requirement would be recommended to remain. Mr. Bates presented a report on the League's efforts relative to proposed Education Revenue Augmentation Fund (ERAF) legislation which would restore property tax revenues to the city. 831 Page 2 - CouncillAgency Minutes - 04/07/97 Discussion was held regarding the state's concern as to how the state will grapple with welfare reform. Discussion was held regarding positions of the schools on the Education Revenue Augmentation Fund (ERAF) legislation. Mr. Bates spoke regarding the importance of getting the protect and reform provisions into a state constitutional amendment. In response to Councilmember Green, Mr. Bates stated that the League generally supported Senator Johnson's pending legislation which is an item on the City Council agenda under the Legislative Committee Report to City Council --Senate Bill 1310 (Johnson) --Sales Tax Shift. Councilmember Garofalo stated that he believed Council policy is to hold study sessions on television. He stated that he believed televising this study session would have proved valuable to the public. Councilmember Garofalo spoke regarding the value of the initiative process to reach the goals of local government. Discussion was held regarding this subject, including the feasibility of the League of California Cities forming a PAC (political action committee). Councilmember Sullivan questioned whether a two -pronged effort could be made - (1) the constitutional amendment process and (2) to schedule meetings between elected local government representatives and their state legislators who represent their districts. Councilmember Sullivan stated that in the past such meetings brought home to our state representatives the expectations and needs of their constituencies. The Mayor and City Council extended their appreciation to Mr. Bates for his report and attendance at the Council meeting. PUBLIC COMMENTS ON CLOSED SESSION ITEMS There were no persons present to address Council regarding the closed session items scheduled on the agenda. CLOSED SESSION ITEMS REMOVED FROM AGENDA AT THE REQUEST OF THE CITY ADMINISTRATOR The City Administrator informed Council it would not be necessary to consider the following proposed closed sessions: Subject: Huntington Beach Firefighters Assn. v. City of Huntington Beach Subject: MEA/MEO v. City of Huntington Beach 832 04/07/97 - City Council/Redevelopment Agency Minutes - Page 3 MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80) A motion was made by Garofalo, second Sullivan, to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote with Councilmember Julien absent. Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Casey, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' 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 City v. McDonnell Douglas Corporation - U.S. District Court Case No. SACV 94 29 LHM (RWRx) or Subject: City v. McDonnell Douglas Corporation. (120.80) Closed Session - Redevelopment Agency 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 agency is a party. The title of the litigation is Bloom v. City of Huntington Beach - Orange County Superior Court Case No. 67 13 06 or Fourth District Civ. No. G015412. (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: Bloom v. Redevelopment Agency. (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 Gonsowski v. City of Huntington Beach - Orange County Superior Court Case No. 74 62 10. Subject: Gonsowski v. City of Huntington Beach. (120.80) RECONVENE The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber. CITY COUNCILIREDEVELOPM ENT AGENCY ROLL CALL Present: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: Julien 833 Page 4 - Council/Agency Minutes - 04/07/97 FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were conducted by Girl Scouts from Huntington Beach Service Unit #2; Service Unit Liaison --Linea Bernhard. LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following late communications regarding Agenda Items which had been received following the distribution of the agenda: Memorandum from the Community Development Director dated April 7, 1997 regarding the Plaza Almeria Appeal Slide report from the Community Development Department dated April 7, 1997 regarding the Appeal of Planning Commission's approval of Plaza Almeria, Conditional Use Permit No. 90- 39(R) with Special Permits, Coastal Development Permit No. 90-30(R), Tentative Tract Map No. 14352(R), and Negative Declaration No. 96-6 Communication from William and Philomene Gallegos dated April 4, 1997 in opposition to the revisions to the previously approved plan for the development of the Almeria Project Communication from Mike Roberts, J. T. Development Company, LLC Executive Vice President/Member, dated April 7, 1997 regarding commercial trash collection and an additional project review of the Plaza Almeria Project Communication from Ron Shenkman, Rainbow Disposal Company, Inc. Senior Vice President, dated April 3, 1997 regarding waste disposal needs for the Plaza Almeria Project Slide Report from the Community Services Director regarding Specific Event Categories Memorandum to the City Council and City Administrator from the Public Works Director dated April 7, 1997 regarding Parking Issues on Intrepid Lane PRESENTATION - Introduction to Mayor Bauer and the City Council of the winners of the Miss Huntington Beach Scholarship by Jackie Judd, Women of Action, Huntington Beach Chamber of Commerce, and presentation of proclamations. Minglie Chen, Miss Huntington Beach; .Jennifer Harris, First Runner -Up; and Casey Estrada, Second Runner -Up. (160.40) PRESENTATION - Introduction to Mayor Bauer and the City Council of exchange students and their chaperone from Waitakere, New Zealand by Sister Cities Association Board President Margot Finestone, Chaperone: Lynda) Pederson; Students: Lydia McGhie, Victoria Van Brink, Rebecca Henderson, and Rhys Martin. (160.40) 04/07/97 - City Council/Redevelopment Agency Minutes - Page 5 PRESENTATION - Introduction to Mayor Bauer and the City Council of ten students whose art works have been selected to send to our sister cities, Waitakere, New Zealand, and Anjo, Japan. Margot Finestone, Sister Cities Association Board President, introduced each student and their work of art. Grades K-2: Michelle Denny, Sts. Simon & Jude School; Kelly McCormack, John Eader School; and Eric Montijo, Courreges School- Grades 3-6. Anders Zimmerman, Moffett School; Jessica Fuson, Moffett School; and Brenda Miller, Sts. Simon & Jude School, Grades 7-10: Ha Nhi Tran, Jordan Intermediate School; Jeremy Carson, Sts. Simon and Jude School; and Santos Aldana, Los Amigos High School. Grades 11-12: Brian Sinclair, Fountain Valley High School. ((160.40) PRESENTATION - To Mayor Bauer and the City Council by Fred Waterfall, Public Relations, Simple Green, and Chelsea Cavigli, Director, Egbar Foundation, to 17 community organizations of cash awards for their participation in the Adopt -A -Beach Program: Eileen - Murphy, Bolsa Chica Land Trust; Mark Newman, Boy Scout Troop No. 1226; Don Tram, California Scholarship Federation; Judy Rinker, Circle View Elementary School; Patty McGehee, Costa Mesa High/Golden West College Transition Class; Mary Jo Jeffes, Council on Aging; Tom Dinger, Cub Scout Pack No. 284; Rondi Numo, Cub Scout Pack No. 470; Tony Marcoua, D.I.V.E.R.S.; Maria Ezcurra, Dwyer Middle School; Barbara Inskeep, Girl Scouts; George Rogers, Huntington Beach Exchange Club; Linda Hayward, Mesa View Middle School; Penny Wiegand, OCCDMS (Orange Coast College Diagnostic Medical Sonography); Paul Morrow, Sowers Middle School; Janet Colley, West Grove Pony Baseball, and Judy Richonne, YMCA Indian Maidens. (160.40) PUBLIC COMMENTS KEN INOUYE, representing the Huntington Beach Human Relations Task Force, extended his appreciation to the City Councilmembers, staff, representatives of other agencies and the Task Force members relative to theirwork on the Human Relations Task Force. He invited all persons to their meetings held at City Hall. Mr. Inouye introduced members of the Huntington Beach Human Relations Task Force who were present in the audience. KAREN JACKLE, Huntington Beach Human Relations Task Force member, addressed Council and distributed a Los Angeles Times article regarding the Huntington Beach Human Relations Task Force. She also showed the City Council a logo made for the Task Force. RICHARD LUDLOW addressed Council regarding the item placed on the City Council agenda by Mayor Bauer relative to parking on Intrepid Lane. He stated there has always been a parking problem which has increased due to beachgoers on summer weekends and bar and restaurant patrons as well as because Bayview Street, which is a county street, is a very narrow street, has illegal units, and variances granted by the county. He stated that the clubhouse on Bayview Street is rented to large groups of people directed to attend meetings by the court who park on Intrepid Lane although there are other places to park. He spoke regarding the issuance of city parking permits which occurred in 1984 for Sunset Island city residents and later to Bayview Street residents. He spoke regarding the present problems which result in often no parking for residents, vehicles stored on Intrepid Lane because Bayview Street does not have enough room for storing vehicles, and increased noise, litter, 835 Page 6 - Council/Agency Minutes - 04/07/97 theft and vandalism. He requested that the parking permits be extended by Council to seven days. per week and only to Huntington Beach residents who live on Sunset Island. Mayor Bauer spoke regarding this item and his invitation extended to the residents of that area, no matter what their residency, to come forward and make comments at a future date. He stated they have been invited to submit in writing the solutions they propose, JOAN SHARPE spoke regarding the parking problems on Intrepid Lane on which she stated are 20 single family residences. She stated what she believes to be the causes, including that their street is a dumping ground for commercial, the restaurants, the Sunset Beach Women's Club clubhouse rentals, and the multifamily dwellings on Bayview Street. She stated her street is a residential street and that she would like it to be nice, She requested Council's assistance. PHYLLIS MAYWHORT addressed Council and requested that her diagram be distributed which showed a map depicting the parking problem in the area. She spoke regarding the complexity of the jurisdictions of the area. She stated that she, on behalf of the Sunset Beach Community Association, was requesting that no changes be made to the current parking permit procedure. She stated that she believes the entire problem needs to be addressed by all Sunset Island residents. She stated that a meeting has been held of persons from Sunset Island and a second meeting is scheduled on April 15 at the Women's Club to work out solutions to the parking problem and other problems. Ms. Maywhort stated that she believed it would be inappropriate to rush into passing seven day per week, 24 hour per day permit parking for residents of only Intrepid Lane and Remora Drive and that it might have a very difficult time before the Coastal Commission relative to public access to the beach. She also stated that there is a small park in the area of Intrepid Lane and Broadway for which there would be no parking. ROSS RAUH, referring to a map of the area, stated that he lives on the same island, across the street from Ms. Maywhort, but is denied membership in the Sunset Beach Community Association as he is a Huntington Beach resident. He spoke regarding the problems impacting the area, including the restaurants and rental of the Women's Club the majority of nights of the week. He stated he had been informed that the club has been grandfathered in without a need for provision of parking. He stated he was not worried about his parking but was worried regarding the problem of Friday and Saturday nights not being able to walk in the area as there are 50 - 60 persons congregating during the break period who are not very friendly and wffi not move for the cars driving on the street. He stated that residents of Bayview Street are also. upset with the situation. The Mayor, for the Council's benefit, pointed out the city/county portions of the map. NORB JOHNSON, resident of Huntington by the Sea Mobile Home Park, informed Council of the recent $30 per month increase in his space rent. He informed Council that it was a great amount over the Consumer Price Index. Mr. Johnson informed Council that the Huntington Beach Mobile Home Review Committee has not done anything toward rent control. He presented a document to Council dated April, 1997 setting forth further information on the rent issue at Huntington by the Sea Mobile Home Park. He presented a copy of the document to the City Clerk- M 04/07/97 - City Council/Redevelopment Agency Minutes - Page 7 EILEEN MURPHY showed photographs of a pair of Great Blue Heron on the Bolsa Chica mesa to demonstrate to the Council the need for the mesa to remain undeveloped and to be considered as part of the entire wetlands ecosystem_ She requested Council to assist efforts for the state and federal government to purchase the mesa or for a land swap to occur, KAREN PEDERSEN addressed Council regarding the Fourth of July Executive Board budget. She informed Council of the upcoming events planned by the Fourth of July Board. Ms. Pedersen requested that those who would like to volunteer to serve on the Fourth of July Board committee call her as volunteers are very much needed. CAROLE ANN WALL, president of the Huntington Beach Therapeutic Riding Center, addressed Council regarding the center's activities and the benefits derived by the disabled students as well as the volunteers. She invited Council to attend the Third Annual Dinner and Silent Auction sponsored by the Huntington Beach Therapeutic Riding Center, CHUCK TORRES addressed Council regarding the lifeguard cadet training program which has been changed this year. He stated his opposition to the change, including the drop in training pay to $2.24 per hour. Mr. Torres stated that he believed there will be negative effects from this change, including quality of cadets and fewer persons trying out. He stated that this year there was a decrease from 70 to 60 persons trying out for the cadet program. Mr. Torres informed Council that he believed the changes pose a safety hazard to the public. BILL HOOD, city lifeguard, stated he believed beach safety should be the utmost concern to Council and the public. He stated that there was more money coming in from the beach operations than going into the budget of the beach operations. Mr. Hood informed Council that he believed the decrease in salaries paid to trainees would affect beach safety. ERIC DIETERMAN, president of the Surf City Lifesaving Employees' Association (SCLEA), addressed Council regarding the changes which have taken place in the lifeguard cadet training program which they had been informed by letter to the Surf City Lifesaving Employees' Association (SCLEA) from Captain Steve Seim were not meet and confer items. He spoke regarding the decrease in the training salary and the fact that fees do have to be paid to participate. He spoke regarding the change in city policy regarding the nepotism rule. He stated that the SCLEA is not opposed to the training program being offered as a college course as they are 100% behind the promotion of professional lifeguarding; however, they are opposed to the city and the department administration's use of this legitimate training course as an excuse to disregard its responsibilities to its employees. JOHN BRISCOE stated his opposition to the procedure by which he must appeal the competency or incompetency of the Fire Chief by going through the City Administrator who hired this department head. He stated that he believed the Personnel Division should put a procedure in place to allow the public to state their dissatisfaction with city employees. BOB WINCHELL, Huntington Beach Tomorrow member, stated the organization's opposition to the City Council agenda item relative to the recommendation for awarding a Frisbee disc golf concessionaire pilot program operation in Huntington Central Park. Mr. Winchell spoke regarding the attempts to commercialize Huntington Central Park when the people acquired it as a passive, open space area where people can get away from the pressures of an urban life. He stated that the people had confirmed through the Measure C. vote in 1990 that they do not 837 Page 8 - Council/Agency Minutes - 04/07/97 want their beaches and parks commercialized. He informed Council that if approved, the next thing that will happen is that the Frisbee golf course will be fenced. He stated if the proposed concession is such a good idea, let the concessionaire purchase land elsewhere for it. He addressed Council regarding the item on the agenda relative to issuance of revenue bonds for the Pier Plaza construction and the 800 MHz Countywide Public Safety Communication System. He stated that he believes the city may be challenged pursuant to recently enacted Proposition 218 as the funds should be used for the purpose for which they were acquired. Mr. Winchell requested that the people receive an answer as to whether it is a legal or proper use of those funds. Mr. Winchell stated that he objected to the city TV program, Your City, Your Issues, being utilized by Councilmember Garofalo to take swipes at Huntington Beach Tomorrow. Mr. Winchell stated that he believes Huntington Beach Tomorrow should have an opportunity for response_ (CITY COUNCIL) BRIEF REPORT BY CITY ADMINISTRATOR REGARDING PUBLIC COMMENTS ON LIFEGUARD TRAINING PROGRAM (720.20) The City Administrator informed Council that the attorney for the Surf City Lifesaving Employees' Association will be presenting the issues discussed under Public Comments in court tomorrow; thus, it is inappropriate to respond to the public comments at this time. (CITY COUNCIL) BRIEF REPORT BY CITY ADMINISTRATOR REGARDING PUBLIC COMMENT ON PROCEDURE TO RECORD A COMPLAINT REGARDING CITY EMPLOYEES (720.10) The City Administrator, referring to the comments made by Mr. Briscoe during the Public Comments section of the agenda, informed Council that a specific employee evaluation is not a public document. He stated that if any member of the public has a concern with any city employee, he will evaluate the complaint. He informed Council of the fire service issue which had taken place in 1994 when Mr. Briscoe's request for certain fire service construction for his home could not be approved by the Fire Department due to noncompliance with city code. The City Administrator informed Council that a response had been prepared today to Mr. Briscoe's concern which will be provided to the City Council. (CITY COUNCIL) BRIEF REPORT BY THE COMMUNITY SERVICES DIRECTOR REGARDING PUBLIC COMMENTS RELATIVE TO LIFEGUARD STAFFING (720.20) In response to Councilmember Garofalo, the Community Services Director reported on lifeguard staffing issues which had been brought up during the Public Comments portion of the agenda. (CITY COUNCIL) REQUEST FOR MEETING BETWEEN FIRE CHIEF, CITY ADMINISTRATOR, AND MR. BRISCOE (720.10) Councilmember Garofalo requested that the Fire Chief, City Administrator, and Mr. Briscoe meet regarding the issues referred to by Mr. Briscoe during the Public Comments portion of the agenda. 04/07/97 - City Council/Redevelopment Agency Minutes - Page 9 (CITY COUNCIL) LEGISLATIVE COMMITTEE REPORT TO CITY COUNCIL (640.90) The City Council considered a transmittal from Councilmember Harman, Legislative Committee Chair, submitting the Legislative Committee Report which contains the following three components for Council consideration. 1. (INFORMATION ONLY) PROGRESS REPORT OF CURRENT LEGISLATIVE COMMITTEE ACTIVITIES Councilmember Harman presented a report on the meeting in Washington, D. C. on March 18, 1997 by a delegation of Councilmembers and staff for the purpose of meeting with Congressman Rohrabacher, Senators Boxer and Feinstein, and Congressional staff to secure grant money for seismic reliability studies. He also reported on the meeting with Federal Emergency Management Agency (FEMA) Director James Lee Witt to discuss outstanding city claims to FEMA as a result of the 1995 storms. Councilmember Harman stated that the delegation had also met with the U. S. Army Corps of Engineers regarding restoration of the bluffs and help with the flood control channels. Councilmember Harman spoke regarding the intent of the City Council Legislative Committee to meet with all of the state and local officials to work toward solving problems. He informed Council and audience of the assistance given by Congressman Rohrabachers staff in facilitating the meeting between the city delegation and FEMA Director James Witt. 2, SENATE BILL 1310 (JOHNSON) -SALES TAX SHIFT -CITY COUNCIL SUPPORT APPROVED (640.15) The City Council considered a communication from Councilmember Harman, Council Legislative Chair, dated March 28, 1997 recommending support for Senate Bill 1310 (Johnson) - Sales Tax Shift. A motion was made by Harman, second Sullivan, that the City Council support Senate Bill 1310 which proposes a 111/6 sales tax shift from the state to the cities (this shift would occur incrementally over five years beginning in 1998-99) and directed the Mayor to communicate that support to the appropriate parties until and if a consensus approach emerges that is supported by this City Council. The motion carried by the following roll call vote; AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Julien 3. COUNTY SANITATION DISTRICTS OF ORANGE COUNTY CONSOLIDATION PLAN - SUPPORT OF ORANGE COUNTY DIVISION OF LEAGUE OF CALIFORNIA CITIES RESOLUTION NO. 2-97 AND ASSEMBLY BILL NO. 769 (BAUGH) - APPROVED (640.30) The City Council considered a communication from Councilmember Harman, Legislative Committee Chair, dated March 28, 1997 regarding the County Sanitation Districts of Orange County Consolidation Plan and support of the Orange County Division of the League of California Cities Resolution No. 2-97 and Assembly Bill No. 769 (Baugh). MW Page 10 - Council/Agency Minutes - 04/07/97 Councilmember Sullivan stated his concern that the city is underrepresented on agencies of this nature in relation to the city's population and size. A motion was made by Harman, second Garofalo, that the City Council: 1. Support the proposed consolidation of the County Sanitation Districts of Orange County which will reduce districts from nine to one, reduce the size of the Board of Directors from 29 to 25 which reduces the City of Huntington Beach's representation from two board members to one, and 2. Direct the City's representative who will attend the Division's April 10, 1997 General Membership meeting to vote in support of Orange County League of California Cities Resolution No. 2-97 which supports the consolidation, and 3. Direct the Mayor to send Letters of Support for Assembly Bill No. 769 (Baugh), the enabling legislation for the proposed consolidation, to the author and the Assembly's Local Government Committee, The motion carried by the following roll call vote: AYES_ Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES; None ABSENT: Julien (CITY COUNCIL) REQUEST BY MAYOR BAUER THAT THE CITY COUNCIL LEGISLATIVE COMMITTEE RETURN WITH A RECOMMENDATION FOR CITY COUNCIL POSITION ON PENDING LEGISLATION REGARDING PROPERTY TAX INEQUITY (120.70) Mayor Bauer requested that the City Council Legislative Committee return with a recommendation to Council regarding the pending state legislation addressing property tax inequity. (CITY COUNCIL) HOLLY-SEACLIFF REIMBURSEMENT COUNCIL COMMITTEE REPORT (120.25) Councilmember Garofalo referred to his communication to the Mayor and City Councilmembers on the Holly-Seacliff Reimbursement City Council Committee Status Report. This communication was presented to the City Clerk following Councilmember Garofalo's report to Council. Councilmember Garofalo reported on the increase in the assessed valuation of the properties included in the Holly-Seacliff Development Agreement Area. He stated that he wished to Provide this information to the City Council for several reasons, including the positive trends represented in this summary are contrary to citywide assessed valuations which have leveled off and show actual decrease. He stated that he believes this would be that continued select completion under the Development Agreement will continue to drive the valuations and resulting property tax revenues upward. M 04/07/97 - City Council/Redevelopment Agency Minutes - Page 11 (CITY COUNCIL) AMERICAN HEART ASSOCIATION BANQUET ANNOUNCED (120.70) Councilmember Garofalo advised Council of the forthcoming first annual banquet of the American Heart Association in this area to be hosted on June 1, 1997 at the Waterfront Hilton. He invited the Council and all citizens to attend. Councilmember Garofalo spoke regarding the need for persons to have their heart health checked and referred to his recent successful angioplasty of which need was discovered during a physical examination. (CITY COUNCIL) OAK VIEW COMMUNITY PRIDE DAY - UPCOMING EVENT ANNOUNCED - MAY 3, 1997 (960.20) Councilmember Garofalo reported on the forthcoming Oak View Community Pride Day scheduled for May 3, 1997 sponsored by the City of Huntington Beach, Oak View School, Oak View Task Force, and the Oak View Property Owners Association. (CITY COUNCIL) PREVENTION OF CAR BURGLARIES (120.70) Councilmember Garofalo reported regarding the recent car burglary on his residence driveway. He recommended that members of the community contact the Police Department and Neighborhood Watch to learn rules to follow such as not leaving valuable items in cars as had been his recent unfortunate experience. (CITY COUNCIL) PUBLIC HEARING - CONTINUED OPEN FROM MARCH 17, 1997 - INTRODUCTION OF ORDINANCE NO. 3350 - CODE AMENDMENT NO. 96-2 - APPROVED - RESOLUTION NO. 97-16 - ADOPTED - LOCAL COASTAL PROGRAM AMENDMENT NO. 96-3 - HOLLY-SEACLIFF SPECIFIC PLAN - SOUTH OF ELLIS AVENUE - NORTH OF PALM AVENUE - WEST OF MAIN STREET - EAST OF CITY BOUNDARY (450.30) The Mayor announced that this was the meeting set for a public hearing continued open from March 17, 1997 to consider: APPLICANT: PLC Land Company REQUEST: To amend the Holly-Seacliff Specific Plan to allow RL-3 development (Low Density Residential) in areas designated for RM (Medium Density Residential) and RMH (Medium -High Density Residential) and to modify the development standards for residential development regarding setbacks and open space. The sections of the Holly-Seacliff Specific Plan proposed are: III-B (Definitions) and lll-D.1-D.3 (Development Standards). LOCATION: The Holly-Seacliff Specific Plan area is generally located south of Ellis Avenue and north of Palm Avenue between Main Street and the city's western boundary. I Page 12 - Council/Agency Minutes - 04/07/97 The Community Development Director introduced Mary Beth Broeren, Associate Planner, who presented a staff report utilizing slides. Associate Planner Broeren stated that the Huntington Beach Union High School District had requested that staff inform Council that a satisfactory agreement has been reached between the school district and the developer. Councilmember Sullivan requested clarification of "zero -line." Ms. Broeren reported on the definition through the use of a wall chart, The Community Development Director reported further on this issue. Associate Planner Broeren responded to Mayor Pro Tern Dettloff regarding how open space provisions would be met. Councilmember Garofalo requested that a map be prepared for the City Council and the Community Development Director stated that a statistical analysis has been prepared and preparation of a map is underway. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Mayor Bauer declared the public hearing open BILL HOLMAN, representing PLC Land Company, spoke regarding the z-lot development and presented a clarification to Council. He stated that an agreement has been reached with the Huntington Beach Union High School District. He requested that Council approve the application. JIM XANTHAKIS, President of Friends and Neighbors of Seacliff (FANS), addressed Council regarding their support of the project. He requested that Council approve the application. Mr. Xanthakis stated that he believes this will provide for flexibility in design and reduce density. TOM DEGUERE, Friends and Neighbors of Seacliff (FANS) Advisory Board member, spoke in support of the proposed project, citing the benefit of reduced density. 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 by the Mayor. Councilmember Sullivan stated his concern with the small lot size proposed. Associate Planner Broeren, at the request of Councilmember Harman, reported on the staff recommendation regarding open space requirements. In response to Councilmember Garofalo, the Community Development Director confirmed that if Council approval is not granted to this project that there will be less lot size because there is higher density because of more units per acre_ 842 04/07/97 - City Council/Redevelopment Agency Minutes - Page 13 A motion was made by Garofalo, second Dettloff, to: 1, Approve Code Amendment No. 96-2 by approving introduction of Ordinance No. 3350 (Attachment No. 1 to the Request for Council Action from the Community Development Department dated April 7, 1997). The City Clerk read Ordinance No. 3350 by title - 'An Ordinance Of The City Of Huntington Beach Amending The Huntington Beach Ordinance Code By Amending The Holly-Seacliff Specific Plan. (Code Amendment No. 96-2)." and 2. Approve Local Coastal Program Amendment No. 96-3 by adopting Resolution No. 97-16 (Attachment No. 3 to the Request for Council Action from the Community Development Department dated April 7, 1997) - " A Resolution Of The City Council Of The City Of Huntington Beach Adopting Local Coastal Program Amendment No. 96-3 (Code - Amendment No. 96-2) And Requesting Its Certification By The California Coastal Commission. " The motion made by Garofalo, second Dettloff, carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Green, Garofalo NOES: Sullivan ABSENT: Julien (CITY COUNCIL) PUBLIC HEARING - APPEAL FILED BY AMIGOS DE DOWNTOWN - ROBERT BOLEN, ET AL - TO THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 90-39 (R) WITH SPECIAL PERMITS - COASTAL DEVELOPMENT PERMIT NO. 90-30 (R) - TENTATIVE TRACT MAP NO. 14352 (R) - NEGATIVE DECLARATION NO. 96-16 - THIRD BLOCK WEST - PLAZA ALMERIA - MAIN STREET - OLIVE AVENUE - 5TH STREET - ORANGE AVENUE - APPEAL DENIED (420.40) The Mayor announced that this was the meeting set for a public hearing to consider: APPELLANT: Amigos de Downtown (Robert Bolen, et al) APPLICANTS: Robert Hidey and City of Huntington Beach Redevelopment Agency LOCATION: Downtown Huntington Beach on a full block bounded by Main Street, Olive Avenue, 5th Street, and Orange Avenue REQUEST: To permit a revision to a previously approved plan for development of a mixed use commercial and residential development project. The project includes the following: CONDITIONAL USE PERMIT WITH SPECIAL PERMITS - COASTAL DEVELOPMENT PERMIT: To permit the construction of a mixed use project consisting of a total of 41,000 square feet of leaseable floor area. The components of the project consist of approximately 15,000 square feet of retail, approximately 15,000 square feet of restaurant, approximately 11,000 square feet of office, and 45 two-story, two bedroom townhomes. The project includes Page 14 - Council/Agency Minutes - 04/07/97 a request to permit shared residential guest and office parking spaces and as previously approved, to allow the residential square footage to exceed 50% of the commercial square footage. The project includes the following six special permit requests. To permit portions of the four (4) story structure at a height of 54 feet to the midpoint of the roof in lieu of the maximum 45 feet allowed by code and to permit a height of 65 feet for roofline architectural treatment in lieu of the maximum of 55 feet, and 2. To permit portions of the ground floor building setbacks on Olive Avenue, 5th Street, and Orange Avenue between zero (0) and five (5) feet in lieu of the minimum code required five (5) foot setback, and 3. To permit portions of the upper story setback along Main Street, Olive Avenue, 5th Street, and Orange Avenue between zero (0) and ten (10) feet in lieu of the code required average of an additional ten (10) foot setback from the second story facade, and 4. To permit 3,235 square feet of public open space within the net site area in lieu of providing the code required 4,092 square feet of public open space within the net site area, and 5. To permit 2,235 square feet of public open space in a linear pattern along the street frontages in lieu of the minimum code required 1,000 square foot plaza within one centralized plaza area, and 6. To permit 15,600 square feet of common residential open space with a minimum dimension of 10 feet in lieu of the code required 20,735 square feet of common residential open space with a minimum dimension of 20 feet. TENTATIVE TRACT: To permit a one lot subdivision of a 1.88 acre parcel for condominium purposes and review the condominium plan for 50 commerciallresidential lots and seven (7) lettered lots. NEGATIVE DECLARATION: To analyze and mitigate the potential environmental impacts associated with the development project described above. Communication received from Roger Anderson dated April 2, 1997 in opposition to the project as proposed, and a communication received from Paul Cook, Paul E. Cook And Associates, dated March 29, 1997 in support of the project Notice is hereby given that the above item is located in the non -appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 90-30 (R), filed on December 28, 1995 in conjunction with the above request —The Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion, and action. The above item is not appealable to the California Coastal Commission. 04/07/97 - City Council/Redevelopment Agency Minutes - Page 15 The Community Development Director presented a staff report. She referred to her memorandum dated April 7, 1997, Subject: Plaza Almeria Appeal that had been announced earlier in the meeting by the City Clerk. She informed Council that as part of the review process the city had hired one of the most premier architects in the country to assist staff in critiquing this project. Associate Planner Jane Madera presented a staff report together with a slide report on the issue. The report inciuded responses to the issues set forth in the appellants letter of appeal She responded to the communication from Rainbow Disposal addressed to Jane Madera, Associate Planner, dated April 3, 1997 responding to the applicant's request for change of conditions. Associate Planner Madera informed Council that the wording of Condition 17 (d) is recommended by staff to be revised to read "residential or commercial refuse collection may occur on Orange Avenue between 9:00 a.m. - 4:00 p.m_, Monday through Saturday." Associate Planner Madera responded to Councilmember Sullivan's questions regarding angle parking as it pertains to city code and backup space for parking. Discussion was held regarding Councilmember Sullivan's concerns. She responded to street restriping plans, stating the reason for the restriping. Sidewalk dimensions were also reported on at the request of Councilmember Sullivan. The Community Development Director reported that decisions of the Design Review Board can be appealed to the Zoning Administrator. In response to Councilmember Sullivan's concerns, Planning Director Zelefsky reported that the Redevelopment Agency would be paying the in -lieu fee. Councilmember Harman presented questions regarding the sewer study conditions, stating the Public Works Department will have to approve it and the developer will have to pay for it. The Economic Development Director informed Council that the development agreement set forth this provision. The City Clerk announced that the following communications on this item had been provided to the City Council; Slide report from the Community Development Department dated April 7, 1997 regarding the Appeal of Planning Commission's approval of Plaza Almeria, Conditional Use Permit No. 90- 39(R) with Special Permits, Coastal Development Permit No. 90-30(R), Tentative Tract Map No. 14352(R), and Negative Declaration No. 96-6 Communication from William and Philomene Gallegos dated April 4, 1997 in opposition to the revisions to the previously approved plan for the development of the Almeria Project Communication from Mike Roberts, J. T. Development Company, LLC Executive Vice President/Member, dated April 7, 1997 regarding commercial trash collection and an additional project review of the Plaza Almeria Project Page 16 - Council/Agency Minutes - 04/07197 Communication from Ron Shenkman, Rainbow Disposal Company, Inc. Senior Vice President dated April 3, 1997 regarding waste disposal needs for the Plaza Almeria Project Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Mayor Bauer declared the public hearing open. JOHN TILLOTSON, applicant, informed Council that virtually all of those persons responding to a Huntington Beach Independent article soliciting input on whether the project should be approved mostly responded favorably. He stated that he would ask Mr. Heidy, Architect, to present an overview of the project. ROBERT HEIDY, Architect, presented a report covering aspects of the design of the project, JERRY DOMINGUEZ, Regional Manager for Southern California Edison Company, informed Council that he believed this project was a tremendous use of the property. RON DAVIS stated that he opposed the project due to units fronting on Main Street which could be an "oil and water" component due to noise emitted from the vibrant, active, busy center. He requested that a residential component not be included in the project. ART AVILES spoke in support of the project, stating that he believed it will be a useful, very enhancing, beautiful area citing issues of needed revenue and housing. DOUG CAMPBELL expressed his opposition and requested the project be delayed until it can be made better. He referred to a model he had made showing that it is an open parking structure with no greenbelt. Discussion was held between Councilmember Harman and Mr. Campbell regarding what Mr. Campbell believes to be the difference between this proposed mixed use and the mixed use of the Town Square Project where Mr. Campbell resides. Mr. Campbell responded that he believed the difference in the areas relates to the setback on the residential portion. SCOTT CAMPBELL distributed material to Council which he believed shows that the building height is not compatible with the downtown as stated by the Planning Commission. Discussion was held between Mr_ Campbell and Council regarding height dimensions. He requested that Council vote against the project and give the developer an opportunity to come back with a more compatible project on which he could still make money. In response to Mayor Pro Tern Dettloff, Mr. Campbell stated that their homeowners' association had met with the developer but that, according to staff, the changes agreed to by the developer could not be made. HEATHER GOODSELL stated her opposition to the proposed project due to the impact on her quality of life as a homeowner at Town Square. She gave reasons why she did not believe the project is compatible and stated that she believed it could be compatible if the modifications required by the association as set forth on Page 48 of the report are made. She spoke regarding the types of noises which she anticipates will disturb the residents. She requested that the developer be asked to modify the project. .M 04/07197 - City CouncillRedevelopment Agency Minutes - Page 17 ART HOPKINS, Town Square homeowner, spoke regarding the difficulty of sleeping due to bars emptying out and that this project, due to reasons including the project garage emptying out immediately across the street from his home and the parking lot having all open sides with car alarms going off, will increase the noise problem_ He stated that he is not against the project being built there but that he believes a mixed use project must be built very carefully. He stated that he was very disturbed that someone in the Planning Division had caused a video to be copied of his testimony to the Planning Commission where he had spoken very negatively about what was in the report and sent to the city at which he works. He stated that he had been called in and spoken to. He stated he considers this a major violation of his civil rights and thinks it should be investigated. He stated he hopes the project is denied in its present form and more consideration given to mixed use. He stated that Mr. Tillotson was sued by the homeowners' associations of his previous two projects, Busas del Mar and Villa del Mar, for construction defects and presented copies of the lawsuits to Council. Councilmember Sullivan stated his demand for an investigation of Mr. Hopkins' charge to determine if it contains substance. Mayor Pro Tem Dettloff stated the reasons why she would like information on the subject now. Mayor Bauer stated that an investigation should be made using good personnel practices. Councilmember Garofalo stated that he did not need to know a name but would like to know if a city employee did, in fact, do what Mr. Hopkins has alleged. Deputy City Attorney Barron spoke regarding the legal aspects and the need to report to Council on this issue in an unheated manner. GERALD CATERINA stated that he believed the parking was refreshing from a parking aspect and from a good landscape planning viewpoint. JOYCE RIDDELL stated that the Chamber of Commerce supported the project and that their organization believes a good mixed use project will bring added revenue to the city. LORETTA WOLFE, Huntington Beach Tomorrow representative, addressed Council and stated opposition to the parking provisions of the plan. She informed Council that the city does not have specifications for a "parking court" which she believes is a dangerous method of parking. She stated that Huntington Beach Tomorrow had done a test of this type of parking provision and it did not work as the street is not big enough; that the cars would be hit on the other side and congestion would be caused. She spoke regarding other parking deficiencies which she believes exist. BOB WINCHELL, Huntington Beach Tomorrow representative, stated their opposition to the project due to compatiblity factors and that he believes hardship must be found. He stated that if variance hardship is not found, lawsuits may come; that in the past the city has been sued at least once and which he believes the city lost. He stated the need to adhere to the Specific Plan. He spoke regarding the perpendicular parking which will force cars into the lane of opposing traffic which is a hazard. Mr_ Winchell stated that Council should have received a letter from Planning Commissioner Bob Biddle in the last few weeks enumerating different areas in which this project fails and needs to be revised_ He stated that he hopes Council has looked at it and will consider it at this meeting. He requested that Council have the project redesignated to conform such things as the Downtown Specific Plan, safety considerations, height, bulk considerations and visual appearance. Page 18 - Council/Agency Minutes - 04/07/97 JINX VARONA addressed Council in opposition to the project. He presented examples of noise impact which will tie up future city councils when residents attend meetings to complain and to request Council assistance. Mr. Varona requested that the project be delayed in order to fix problems so that city code enforcement and the Police Department do not expend time responding to the problems which he believes will occur as a result of the project. ED LAIRD addressed Council and stated his support for Fire Chief Dolder relative to comments made during the Public Comments section of the agenda. He then spoke in support of the project_ Mr. Laird stated that he believed the reference to the lawsuits by the previous speaker was inappropriate as many people are sued and it is a way of life in Southern California. In reference to the public comment made regarding the video of the Planning Commission meeting being filmed and forwarded to the person's employer, Mr. Laird informed Council that he believed anyone could have filmed a portion of the Planning Commission meeting and placed it in the mail. MIKE ROBERTS, representing the developer, informed Council they had addressed some of the concerns of the neighbors regarding the project. He stated that people choose to live downtown as a way of life. He informed Council that it must be remembered that there is no perfect project. He requested that Council approve the additional condition whereby if the developer decides to downsize the project that the downsized proposal will not have to return to the City Council for approval. BOB BOLEN, appellant, stated that his business is directly across from the Plaza Almeria and that the plaza has been removed from the plan. He stated that the project will negatively affect his property and the property of his business neighbors. Mr. Bolen informed Council that in the Specific Plan there is no provision to share commercial parking with residential and read from the code. He distributed to Council the city code relative to angle and backup parking. He presented reasons why he does not believe the parking provisions meet code requirements. He stated the issues which he believed were not answered by staff. He stated that the Coastal Commission, as evidenced by a letter addressed to Herb Fauland, Senior Planner, in 1996, has similar questions as are in the letter of appeal under consideration at this meeting. Mr. Bolen stated he would distribute this letter to Council. He requested that if the project is approved that the residential element be removed from the Main Street area of the project; that Council may also require that the parking be removed from both sides of Main Street and wide sidewalks installed on both sides. He displayed a street sign to Council that was removed by city employees. He stated that when the city employees were asked why removal of the street sign was being done, they had replied that the city was readying the area for the project that was getting ready to start across the street. He informed Council that the sign removal prior to this public hearing demonstrated that it was a foregone conclusion that this project would be approved. RYAN RIECHES spoke regarding his support for the staff recommendation of approval for the project. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor, MW 04/07/97 - City Council/Redevelopment Agency Minutes - Page 19 Councilmember Sullivan spoke at length regarding the areas of the project to which he objected. He stated that he did not object to a project in that area; however, he was opposed to this particular project due to height provisions and lack of meeting code for open space requirements by not taking the open space from the project. He stated his concerns that in the big units there is space that can be converted for another bedroom which if only half of the unit stood it would require the need for much additional parking space. He requested information from staff as to the definition of a "parking court" and Planning Director Zelefsky responded. He stated reasons for his concern that once Fifth Street is turned into a parking court that the possibility of Main Street ever becoming a pedestrian mall lessens. Councilmember Sullivan stated that he believed the perpendicular parking would be unworkable causing traffic to stop both ways and would be dangerous. He spoke regarding the fact that redevelopment parking provisions were supposed to be put on this project and now the provisions have not been put in place; that there is a recommendation not to do it at all. Councilmember Sullivan stated that he believed the city was planning to "share" shared parking. Councilmember Sullivan stated_ that he believed there is a concern in the public that this project is an approved project prior to the hearing of this appeal. He stated that as much as a Council person likes an applicant on a personal level, a decision must be made on behalf of the city as a whole; that feeling sorry for the developer cannot influence decisions; that the Council must do the right thing. He stated his opinion that to do a project to pay bills is not a good reason; that this project would probably not be bad relative to financial aspects but would be bad for the community. Councilmember Sullivan stated reasons why he believes mixed use in this area should be rental residential, not home ownership. The Community Development Director responded to the differences between the project as presented at a past study session approximately six months ago. Planning Director Zelefsky responded to Councilmember Harman's questions regarding the street width, stating that 68 feet is not required, that if the 25 foot parking radius for residential projects is used, 59 feet is required and that it will meet the parking code required. Councilmember Harman asked if the environmental report had addressed the "shadow" effect on Mr. Bolen's buildings. Planning Director Zelefsky stated that he could check the back of the environmental documentation; that the architect may have done a "shadowing" study. Councilmember Green stated his support for the project, stating that he believes mixed use can work and cited the example of San Francisco. Mayor Pro Tem Dettloff stated that she believes that it has been forgotten that there is an approved project for the past six years on this site. She spoke regarding the background of the matter and stated reasons why she supports the project. She stated that based on facts including the issue that there is a good architect and there will be people wanting to buy homes that the project should be approved. Councilmember Garofalo spoke regarding the history of the downtown development and this proposed project. He stated that he does not believe downtown will ever work until people are living there which will make it a twelve-month viable area. He stated that there will be an impact to people who live there, but the way the downtown is now, there is an impact to all the residents of the area of the city financially_ Page 20 - Council/Agency Minutes - 04/07/97 Councilmember Garofalo asked the City Attorney if the city has any input in the development of CC&Rs relative to mixed use. Deputy City Attorney Barron replied that under the setting Councilmember Garofalo described, the city does not. Councilmember Garofalo stated that he would encourage the landowner or developer should this project or whatever project is approved to strongly put up front the language that would help mitigate future concerns about the lifestyle there. Councilmember Sullivan referred to the parking code distributed by Mr. Bolen, and Planning Director Zelefsky stated that this diagram did not relate to the issue being discussed. He informed Council that the zoning code covered this provision. Councilmember Sullivan presented further questions on the issue and Planning Director Zelefsky reported. A motion was made by Green, second Garofalo, that Council approve the following actions: Approve Negative Declaration No. 96-16 with findings and mitigation measures as set forth in Attachment No_ 1 to the Request for Council Action from the Community Development Department, dated April 7, 1997. 2. Approve Conditional Use Permit No. 90-39 (R) with Special Permits - Coastal Development Permit No. 90-30 (R) - Tentative Tract Map No. 14352 (R) with findings and conditions of approval as set forth in Attachment No. 1 of the Request for Council Action from the Community Development Department, dated April 7, 1997 with the following sixth Condition of Approval: Any future redesign of the project which reduces the total number of approved residential units and/or reduces the overall approved building height shall be compatible with the surrounding use and consistent with the Spanish Village/Mediterranean theme of the project. Any future reduction of approved residential units and/or overall building height shall be subject to review and approval by the Design Review Board only. The review of the project shall be to ensure a design consistent with the approved architectural theme for the project. and 3. Approve Findings for Approval for Special Permits as set forth in the communication from the Community Development Director to the Mayor and City Councilmembers dated April 7, 1997, Subject: Plaza Almeria Appeal (announced earlier in the public hearing) and further that Condition 17 (d) be revised to read "residential or commercial refuse collection may occur on Orange Avenue between 9:00 a.m. and 4:00 p.m., Monday through Saturday." Mayor Bauer stated the reasons why he believed it is an excellent project, including the fact that it has been examined for close to seven years and that six months ago Council had a world renown architect basically tell us what we ought to do and that has been executed, and at that time Council did indicate to the project proponent that what was described by Mr. Von Tilberg, Architect, was an excellent project. He stated that the people who have voiced objections at this meeting have had six months to voice their objections and that every single issue raised at this meeting has been addressed in a reasonable fashion. He stated that the 1 04/07/97 - City Council/Redevelopment Agency Minutes - Page 21 project was decreased in number of living units and increases the amount of commercial retail. He spoke regarding the financial benefits of the project to the city. The motion made by Green, second Garofalo, carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Green, Garofalo NOES: Sullivan ABSENT: Julien (CITY COUNCIL) PARKING ON INTREPID LANE - CITY ADMINISTRATOR INSTRUCTED TO MEET WITH COUNTY OF ORANGE PERSONNEL AT EARLIEST POSSIBLE TIME (560.40) The Public Works Director reported on a communication which had been distributed to the Qity Councilmembers during the Council meeting and which had been announced by the City Clerk earlier in the meeting. The communication was addressed to the Mayor and City Councilmembers from the Public Works Director, Subject: Parking Issues on Intrepid Lane (Item H-5 B). The Public Works Director's report included the history of the permit parking in this area. He informed Council that a Coastal Development Permit must be approved by the City Council which would be appealable to the Coastal Commission. He stated that staff has met with Coastal Commission staff and discussed the Coastal Commission staffs concerns which they have expressed relative to not being willing necessarily to recommend any limitation which would in any way limit coastal access. He stated as a result staff is seeking additional parking studies which may have been done by the county or state in that area in order to better ascertain a position prior to taking any recommendation to the City Council which might be ultimately appealed before the Coastal Commission. Mayor Bauer presented his understanding of the issue before the Council. A motion was made by Garofalo, second Green, to instruct the City Administrator or his representative to meet with County of Orange personnel at the earliest possible time. The motion carried unanimously with Councilmember Julien absent. (CITY COUNCIL) RECOGNITION OF THE HUNTINGTON BEACH HUMAN RELATIONS TASK FORCE MEMBERS - DESIGNATION OF THE TASK FORCE AS A CITY OF HUNTINGTON BEACH COMMITTEE- INTERIM APPOINTMENT OF MEMBERS -APPROVED (110.20) The City Council considered a communication from the Deputy City Administrator/Public Information Officer regarding the Human Relations Task Force Committee and related issues. The City Clerk was requested to correct the spelling of a member's name to read "Charles Thomas" rather than "Charles Thompson_" 851 Page 22 - Council/Agency Minutes-,04/07/97 A motion was made by Dettloff, second Garofalo, to designate the existing Huntington Beach Human Relations Task Force as a City of Huntington Beach Committee and appoint the current Human Relations Task Force members on an interim basis until the posting requirements of the Maddy Act are met. The Committee will continue until January 2, 2001 at which time the Committee would be either re -authorized to continue or disbanded and recognize the current leadership and members of the Huntington Beach Task Force, including terms, as follows: Brian J. Armstrong (January, 1999); Rose Molina -Armstrong (Secretary) (January, 2001); Diane Baker (January, 1999); Lisa Betancourt (January, 2001); Jean Bogen (January, 1999); Mike Bogen (January, 2001); Margie Bunten (January, 2001); Angi Clemens (January, 2001); Ding -Jo Currie (January, 1999); Kay Dolton (January, 1999); Regina B. Front (Treasurer) (January, 2001); Mary Lou Hughes (January, 1999); Kenneth Inouye (Chair of the Task Force and Chair of the Education Subcommittee) (January, 2001); Karen Jackle (Vice -Chair) (January, 1999); Vickie Kain (January, 1999); Carol Kanode (January, 1999); Jeff Lebow (Chair, Outreach Committee) (January, 2001); Marilyn Medler (Vice -Chair) (January, 2001); Joseph Nunn (January, 1999); Fred B. Provencher (January, 2001); Andy Rubinson (January, 1999); Billie Slutsky (January, 2001); Charles Thomas (January, 2001); Martha Villasenor (January, 1999); and Daria Waetjen (January, 1999). The motion carried unanimously with Councilmember Julien absent. (CITY COUNCIL) PUBLIC HEARING - RESOLUTION NO. 97-22 - ADOPTED - ORDERS THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF GOTHARD STREET BETWEEN ELLIS AVENUE AND MAIN STREET- IN ACCORDANCE WITH PREVIOUSLY APPROVED HOLLY-SEACLIFF DEVELOPMENT AGREEMENT - PRECISE PLAN OF STREET ALIGNMENT - HOLLY-SEACLIFF GENERAL PLAN AMENDMENT (800,50) The Mayor announced that this was the meeting set for a public hearing scheduled pursuant to Resolution of Intent No. 97-10 adopted February 18, 1997 and as required by the California Streets and Highway Code for the purpose of vacating Gothard Street between Ellis Avenue and Main Street. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. The Public Works Director presented a staff report. Mayor Bauer declared the public hearing open. BILL HOLMAN, representative of the PLC Company, addressed Council in favor of the vacation, 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 by the Mayor. 852 04/07197 - City Council/Redevelopment Agency Minutes - Page 23 A motion was made by Bauer, second Garofalo, to adopt Resolution No. 97-22 - " A Resolution Of The City Council Of The City Of Huntington Beach Ordering The Vacation Of An Easement For Public Street Purposes Over A Portion Of Gothard Street Between Ellis Avenue And Main Street." The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Julien, (Green out of the room) (CITY COUNCIL) ADMINISTRATIVE PUBLIC HEARING - TO HEAR PROTESTS REGARDING WEED ABATEMENT - RUBBISH AND REFUSE ABATEMENT - STREET SUPERINTENDENT DIRECTED TO PROCEED WITH ABATEMENT (520.80) The Mayor announced that this was the meeting set for a public hearing to hear objections and protests to the proposed removal of weeds, rubbish, and refuse upon certain streets, sidewalks, parkways, and private property in the city_ This hearing is held pursuant to Resolution No. 97-15 adopted March 3, 1997. Mayor Bauer 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. A motion was made by Sullivan, second Garofalo, to: Open public hearing for any objections and protests to the proposed removal of weeds, rubbish and refuse, and 2. Following hearing, authorize the Street Superintendent to proceed with abatement of said nuisance. The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Julien, (Green out of the room) CONSENT CALENDAR - ITEMS APPROVED On motion by Harman, second Garofalo, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Julien, (Green out of the room) 853 Page 24 - Council/Agency Minutes - 04/07/97 (CITY COUNCILIREDEVELOPMENT AGENCY) MINUTES - APPROVED AND ADOPTED (120.65) - Approved and adopted minutes of the City Council and Redevelopment Agency adjourned regular meeting of March 10, 1997 and regular meeting of March 17, 1997. (CITY COUNCIL) CONTINUED FROM MARCH 17, 1997 - PROFESSIONAL SERVICES CONTRACT - TELE-WORKS, INCORPORATED - 24-HOURS - 7 DAY PER WEEK - AUTOMATED CITIZEN'S INFORMATION SYSTEM (ACTS) AND APPROVAL OF INSURANCE REQUIREMENTS - APPROVED (600.10) - Appropriated $13,950 from the Air Quality Unappropriated Fund Balance to be used toward the purchase and installation of the Tele- Works Automated Citizen's Information System and approved and authorized execution of the Professional Services Contract between the City of Huntington Beach and Tele-Works, Incorporated for the Purchase and Installation of Automated Citizen's Information System with Attachments A, B, C, for the purchase and installation of the Huntington Beach Automated, Citizen's Information System; authorized a total expenditure of $23,950; approved the general liability without an additional insured endorsement, accepted only 10 day notice of cancellation on worker's compensation insurance; and approved the Settlement Committee's recommendation to waive the Professional Liability Insurance requirement. (CITY COUNCIL) REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND SHEA HOMES FOR COSTS INCURRED FOR PROFESSIONAL PLANNING SERVICES - APPROVED (600.10) - 1. Approved, as prepared by the City Attorney, the Reimbursement Agreement Between The City Of Huntington Beach And Shea Homes For Costs Incurred For Professional Planning Services, not to exceed $15,000 per quarter, for a term of one year; and 2. accepted payment of $15,000 to cover professional planning services retroactive to first quarter of this year. (CITY COUNCIL) RESOLUTION NO. 97-23 - ADOPTED - CORRECTION OF LEGAL DESCRIPTION ON PARTIAL STREET VACATION ON CONSTANTINE DRIVE EAST OF BEACH BOULEVARD - APPROVED BY COUNCIL ON OCTOBER 7, 1996 (800.50) - Adopted and directed the City Clerk to record Resolution No. 97-23 - "A Resolution Of The City Council Of The City Of Huntington Beach Ordering The Vacation Of An Easement For Public Street Purposes Over Portion Of Constantine Drive East Of Beach Boulevard." (CITY COUNCIL) ACCEPTANCE OF IRREVOCABLE OFFER OF DEDICATION - STREET EASEMENT - 16168 BEACH BOULEVARD - HUNTINGTON EXECUTIVE PARK - EAST OF BEACH - SOUTH OF EDINGER - APPROVED (800.50) - Instructed the City Clerk to have the Irrevocable Offer Of Dedication -Street Easement (attached) from Huntington Executive Park recorded with the Orange County Recorder's Office. (CITY COUNCIL) CITY TO RELEASE SECURITIES AND ACCEPT PUBLIC IMPROVEMENTS - WITHIN TRACT NO. 14043 - NORTH SIDE OF GOLDENWEST STREET - WEST OF LITTLE HARBOR LANE - SEACLIFF PARTNERS, INCORPORATED - APPROVED (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14043; 2. released the Faithful Performance and Monument Bond only. The Labor 854 04/07/97 - City CouncillRedevelopment Agency Minutes - Page 25 and Material bond will be released at a later date pursuant to California Government Code Section No. 66499.7 (b); 3. accepted Guarantee and Warranty Bond No. 8577-M; the security furnished for guarantee and warranty improvements, and instructed the City Clerk to file the bond with the City Treasurer; 4. instructed the City Clerk to notify the developer, Seacliff Partners, of this action, and the City Treasurer to notify the bonding company, Ulico Casualty Company, of this action; and 5. instructed the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. (CITY COUNCIL) REIMBURSEMENT AGREEMENT - HOME DEPOT, USA, INCORPORATED - FOR COSTS INCURRED FOR PROFESSIONAL PLANNING SERVICES AND ACCEPTANCE OF PAYMENT - APPROVED (600.10) - Approved and authorized the Mayor and City Clerk to execute a Reimbursement Agreement between the City of Huntington Beach and Home Depot, USA, Incorporated for Costs Incurred for Professional Planning - Services, as prepared by the City Attorney in an amount not to exceed $15,000 per quarter, for a terra of one year and accepted payment of $15,000 to cover professional planning services retroactive to first quarter of this year. (CITY COUNCIL) RESOLUTION NO. 97-24 - ADOPTED - CITY REQUEST TO CALTRANS - STATE OF CALIFORNIA TO CLOSE MAIN STREET - FROM PACIFIC COAST HIGHWAY TO OLIVE AVENUE - FOR RETURN OF THE TERN'S FESTIVAL AND CARNIVAL - MAY 16 THROUGH MAY 18, 1997 (960.20) - Adopted Resolution No. 97-24 - A Resolution Of The City Council Of The City Of Huntington Beach Requesting Caltrans Approve The Closing Of Main Street At Pacific Coast Highway For The Return Of The Tem's Festival." (CITY COUNCIL) EQUIPMENT REPLACEMENT - SIX YEAR LEASING PROGRAM - AUTHORIZATION TO ENTER INTO LEASE PURCHASE AGREEMENTS - APPROVED (600.05) - 1. Approved the reduction of the Equipment Replacement Budget for 1996/97 by $538,300 (net decrease); 2. authorized the Deputy City Administrator/Administrative Services to enter into the Lease -Purchase Agreements for Fiscal Year 1996/97 identified in Attachment No. 2 to the Request for Council Action from the Administrative Services Department dated April 7, 1997; 3. requested the City Administrator to include the six year leasing program (as proposed in attachments) in future years budgets, and 4. requested the City Attorney to prepare a Master Leasing Agreement to return to Council at a future date. (CITY COUNCIL) TWO NORTEL COMMUNICATIONS SYSTEMS, INCORPORATED CONTRACTS - CITY HALL AND CENTRAL LIBRARY - TO EXPAND TELEPHONE CAPACITY - AS SUBMITTED BY SETTLEMENT COMMITTEE - APPROVED (600.10) - Approved and authorized execution of the following contracts as submitted with Settlement Committee recommendations and proposed amendment by Nortel: (City Hall) Agreement between the City of Huntington Beach and Nortel Communications Systems for the Purchase and Installation of Hardware and Software to Expand Port Capacity on Existing PBX and (Central Library) Agreement between the City of Huntington Beach and Nortel Communications Systems, Incorporated for the Purchase and Installation of Hardware and Software to Expand Port Capacity on Existing PBX. 855 Page 26 - Council/Agency Minutes - 04107197 (CITY COUNCIL) CITY TO RELEASE SECURITIES AND ACCEPT PUBLIC IMPROVEMENTS WITHIN TRACT NO. 14277 - SOUTHERN INTERSECTION OF DORAL DRIVE AND MORNINGSIDE DRIVE - PENINSULA 1 PARTNERS - APPROVED (420.60) - 1. Accepted the improvements constructed and dedicated for public use with Tract No. 14277; 2. released the Faithful Performance and Monument Bond only. The Labor and Material Bond will be released at a later date pursuant to Catifornia Government Code Section No. 66499.7(b); 3. accepted Subdivision Maintenance/Warranty Bond No_ B008593M; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; 4, instructed the City Clerk to notify the developer, Peninsula 1 Partners, of this action and the City Treasurer to notify the bonding company, Ulico Casualty Company, of this action; and 5. instructed the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. (CITY COUNCIL) PLANS AND SPECIFICATIONS - SOLICITATIONS OF BIDS - TALBERT AVENUE REHABILITATION PROJECT - CC-900 - GOTHARD STREET TO NEWLAND STREET - APPROVAL OF SAMPLE CONTRACT - APPROVED (600.50) - 1. Approved the plans and specifications for the Talbert Avenue Rehabilitation Project, CC-900, from Gothard Street to Newland Street and authorized the Public Works Director to solicit bids for construction; and 2. approved the attached Sample Construction Contract, subject to award of contract to the lowest responsive/responsible bidder. (CITY COUNCIL) NOTICE OF COMPLETION - E. A. MENDOZA CONTRACTING - ALHAMBRA AVENUE IMPROVEMENT PROJECT - BETWEEN SILVER LANE AND BEACH BOULEVARD - CC-1032 - APPROVED (600.50) - Accepted the Alhambra Avenue Improvements completed by E. A. Mendoza Contracting at a final cost of $114,123.38 and authorized the City Clerk to file a Notice of Completion with the Orange County Recorder. (CITY COUNCIL) REPAIR OF DAMAGED AND BROKEN WASTEWATER LINE - NASSAU LANE - FAIR�j�74jy�p - AN EXPENDITURE FROM UNAPPROPRIATED GENERAL FUND - APPROVED- Authorized the Finance Director to transfer $19,500 from the city's unappropriated General Fund balance to Fiscal Account No. E-AA-PW-530-3-90-00 for Wastewater Line Maintenance Contractual Services. (CITY COUNCIL) AMENDMENT NO. 4 - TO LEASE AGREEMENT WITH THE HUNTINGTON HARBOUR YACHT CLUB - FOR CITY OWNED PROPERTY ADJACENT TO THE WARNER AVENUE FIRE STATION - APPROVED (600,10) - Approved Amendment No. 4 to the Lease Agreement between the city and the Huntington Harbour Yacht Club and authorized execution by the Mayor and City Clerk. (Will allow the exchange transfer of comparably sized parcels; one deleted from the lease and one incorporated into the lease.) (CITY COUNCIL) DOWNTOWN MAIN STREET LIBRARY - RENTAL SPACE POLICY - APPROVED (950,10) - Approved the recommendation of staff that the Main Street Library Rental Space of 780 plus square feet be rented for a commercial, non -retail use. 856 04/07/97 - City CouncillRedevelopment Agency Minutes - Page 27 (CITY COUNCIL) PACIFIC COAST HIGHWAY AT WARNER AVENUE TRAFFIC SIGNAL - CC-1012 - NOTICE OF COMPLETION - DBX, INCORPORATED - APPROVED (600.10) - Accepted the improvements completed by DBX. Incorporated of the Pacific Coast Highway at Warner Avenue Traffic Signal Project, CC-1012 at a final cost of $22,590.29 and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (CITY COUNCIL) APPROVAL OF WATER FACILITIES AGREEMENT BETWEEN MCDONNELL DOUGLAS COMPANY - MCDONNELL DOUGLAS REALTY COMPANY AND THE CITY OF HUNTINGTON BEACH - ACCEPTANCE OF GRANT DEED - UTILITY EASEMENT AGREEMENT - ACCESS EASEMENT AGREEMENT AND WATER EASEMENT AGREEMENTS - APPROVED (600.10) - Authorized the Mayor and the City Clerk to execute the Water Facilities Agreement between McDonnell Douglas Corporation (MDRC) and the City of Huntington Beach. Directed the City Clerk to record the appropriate documents only as directed by the City Attorney's Office, pursuant to the memorandum from the City Attorney's Office to the City Clerk's Office, dated March 21, 1997 (Attachment No. 2 to the Request for Council Action dated April 7, 1997). (City Clerk to record Exhibit Blgrant deed; Exhibit Clutility easement agreement; Exhibit D/access easement agreement and to approve but not record Exhibit E/water transmission line easement agreement or Exhibit F/easement agreement for water lines until instructed by the City Attorney.) (CITY COUNCIL) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY AND EDAW, INCORPORATED FOR PLANNING CONSULTING SERVICES FOR THE PREPARATION OF THE MCDONNELL CENTRE BUSINESS PARK SPECIFIC PLAN AND ENVIRONMENT IMPACT REPORT AND AMENDMENT NO. 1 TO SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND MCDONNELL DOUGLAS REALTY COMPANY - APPROVED (600.10) - 1. Approved Amendment No. 1 To Professional Services Agreement Between The City Of Huntington? Beach And EDAW, Incorporated For Planning Consulting Services For The Preparation Of The McDonnell Centre Business Park Specific Plan And Environmental Impact Report for additional services in the amount of S80,500 to prepare the McDonnell Centre Business Park Specific Plan and Environmental Impact Report, for a total contract fee not to exceed $238,474.00 and authorized execution by the Mayor and City Clerk, 2. Approved Amendment No. 1 To Specific Plan And Environmental Impact Report Reimbursement Agreement Between The City Of Huntington Beach And McDonnell Douglas Realty Company for additional consulting services in the amount of $80,500 to prepare the McDonnell Centre Business Park Specific Plan and Environmental Impact Report, for a total agreement fee not to exceed $238,474.00 and authorized execution by the Mayor and City Clerk_ (CITY COUNCIL) HUNTINGTON BEACH CRUDE OIL AGREEMENT - CHEVRON CONTRACT NO. 97A120474 FOR THE PURCHASE BY CHEVRON OF CITY PRODUCED OIL - APPROVED (600.10) - Approved and authorized the Mayor to sign the Huntington Beach Crude Oil Agreement, Chevron Contract No. 97A120474 between the City of Huntington Beach and Chevron Products Company, a Division of Chevron USA, Incorporated. 857 Page 28 - Councu)Agency Minutes - 04/07/97 (CITY COUNCIL) AGREEMENT WITH ORANGE COUNTY WATER DISTRICT - REIMBURSEMENT OF CONSTRUCTION COSTS FOR GREEN ACRE=4ORPOrMed OJ FACILITIES CONSTRUCTED BY CITY AND PLC LAND COMPANY - APPROVED and authorized the Mayor and City Clerk to execute the Agreement between Orange County Water District and City of Huntington Beach for Reimbursement of Construction Costs for Green Acres Project Facilities Constructed by the City and PLC Land Company. (This agreement has been approved by PLC Land Company and signed by the Orange County Water District.) (CITY COUNCIL) APPROVAL OF CONCEPT OF HUNTINGTON BEACH HOSTING THE PACIFIC SHORELINE MARATHON IN HUNTINGTON BEACH - SUPER BOWL SUNDAY - JANUARY 25, 1998 - APPROVED (960.20) - Approved the concept of hosting the Pacific Shoreline Marathon in Huntington Beach on Super Bowl Sunday, January 25, 1998, subject to the terms and conditions placed on the event by the Specific Events Committee. (CITY COUNCIL) HUNTINGTON CENTRAL PARK DISC GOLF CONCESSIONAIRE PILOT PROGRAM - HYZER SPORTS - INTERIM FEE FOR ADULTS - APPROVED (340.20) The City Council considered a communication from the Community Services Department recommending City Council approval of a 90-day pilot program for Hyzer Sports to operate the disc golf course in Huntington Central Park and approval of an interim fee for adults. A communication had been received from Janet Biddle dated March 31, 1997 in opposition to the Hyzer Sports proposal. The Community Services Director presented a staff report. Discussion was held between the Council and the Community Services Director regarding the proposal. A motion was made by Harman, second Green, to 1. Approve a 90-day pilot program for the city to issue a Special Permit to Hyzer Sports to oversee the Huntington Central Park disc golf course operation; and 2. Approve an interim fee to be charged by the concessionaire, during the 90-day pilot program, of $1 for adults with children under 17 years of age continuing to play free. Councilmember Sullivan spoke regarding the matter and stated that this will absolutely require a Measure C vote at such time as a decision may be made to implement the concession on a permanent basis. The Deputy City Attorney confirmed that he too is of the opinion that this will be a Measure C issue as stated by Councilmember Sullivan. 04/07/97 - City CouncillRedevelopment Agency Minutes - Page 29 Considerable discussion was held. Councilmember Harman stated that he did not believe it would be a Measure C issue as it is not a lease of land. The Deputy City Attorney stated that temporary use would not be a Measure C issue; that a permanent use would require Measure C action necessitating a vote of the people. The motion made by Harman, second Green, carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Green, Garofalo NOES: Sullivan ABSENT: Julien JOINT MEETING OF HUNTINGTON BEACH CITY COUNCIL, PUBLIC FINANCING AUTHORITY, AND PARKING AUTHORITY (125.35/125.40) HUNTINGTON BEACH CITY COUNCIL, PUBLIC FINANCING AUTHORITY, AND PARKING AUTHORITY ROLL CALL: Present: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: Julien PUBLIC FINANCING AUTHORITY RESOLUTION NO. 11 - AUTHORIZING ISSUANCE OF REVENUE BONDS AND CITY COUNCIL RESOLUTION NO. 97-25 APPROVING ISSUANCE OF REVENUE BONDS - GRANT DEED - PIER PLAZA CONSTRUCTION1800 MHz COUNTYWIDE PUBLIC SAFETY COMMUNICATIONS SYSTEM - ISSUANCE OF LONG TERM DEBT FOR PORTION OF PROJECT COSTS - DEFERRED TO APRIL 14, 1997 (330.30) The City Administrator earlier in the meeting had informed the City Council that the following item could not be considered at this meeting as material that was necessary to be placed before Council had not been delivered to the City Council. The item is as follows: Communication from the Community Service Director informing Council that in order to finance the construction of the Pier Plaza and the 800 MHz Countywide Public Safety Communications System, actions are required by the Council and .the Public Financing Authority to approve the issuance of long term debt for a portion of the project costs. The City Clerk requested that a motion be made to adjourn the Parking Authority and the Public Financing Authority to April 14, 1997. A motion was made by Garofalo, second Harman, that the meeting of the Public Financing Authority and the Parking Authority be adjourned to April 14, 1997 at 5:00 p.m. in the Council Chamber to meet jointly with the City Council and Redevelopment Agency. The motion carried unanimously with Councilmember Julien absent. • Page 30 - Council/Agency Minutes - 04/07/97 RECONVENE The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber, ORDINANCES ADOPTED A motion was made by Garofalo, second Green, to adopt, by roll call vote, the following ordinances after reading by title by the City Clerk: (CITY COUNCIL) ORDINANCE NO. 3351 - ADOPTED - ZONING MAP AMENDMENT NO. 96-1 - AMENDS DOWNTOWN SPECIFIC PLAN - PACIFIC COAST HIGHWAY/WALNUT STREET BETWEEN 21ST AND 22ND STREETS - RELATIVE TO PUBLIC HEARING HELD MARCH 17, 1997 (440.50) - "An Ordinance of the City of Huntington Beach Amending the Downtown Specific Plan to Redesignate the Real Property Generally Located between Pacific Coast Highway and Walnut Avenue and between 21 st and 22nd Streets from Downtown Specific Plan District 1 (Visitor Serving Commercial) to Downtown Specific Plan District 2 (Residential)." (Ordinance public hearing and introduction held March 17, 1997) (CITY COUNCIL) ORDINANCE NO. 3352 - ADOPTED - LEASEBACK AUTHORIZATION - DEBT FINANCING FOR PIER PLAZA CONSTRUCTION - COUNTYWIDE 800 MHz PUBLIC SAFETY COMMUNICATIONS PROJECT -APPROVES PUBLIC LEASEBACK OF CERTAIN PUBLIC LIBRARY FACILITIES WITH THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY (640.10) - " An Ordinance Of The City Of Huntington Beach Approving The Public Leaseback Of Certain Public Library Facilities With The Huntington Beach Public Financing Authority." The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Julien (CITY COUNCIL) INTRODUCTION OF ORDINANCE NO. 3353 - SPECIFIC EVENTS PROCESS -AMENDMENT TO BUDGET -DEFERRED TO A FUTURE MEETING (640,10) Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Slide Report from the Community Services Director regarding Specific Event Categories The City Administrator recommended that the communication from the Community Services Director submitting a process for the city to receive specific event revenue in order to provide accountability and to reimburse city departments for their costs to provide service for the specific event be deferred to a future meeting, EM 04107/97 - City Council/Redevelopment Agency Minutes - Page 31 It was the consensus of Councit that introduction of Ordinance No. 3353 - "An Ordinance Of The City Of Huntington Beach Amending Chapter 5.68 Of The Huntington Beach Municipal Code Pertaining To Specific Events Permit Applications; Permit Granting Conditions And Permit Denial Conditions" and the recommendations contained in the communication from the Community Services Director regarding the specific events process be deferred to a future meeting. (CITY COUNCIL) INTRODUCTION OF ORDINANCE NO. 3354 - APPROVED - GRANTS PIPELINE FRANCHISE FOR TRANSPORTATION OF OIL - CONSENT CITY ASSIGNMENT FROM UNION OIL TO TORCH OPERATION COMPANY - APPROVED - FRANCHISE AGREEMENT - LETTER OF CLARIFICATION WITH TORCH OPERATING COMPANY (600.45) The City Council considered a communication from the Deputy City Administrator, Administrative Services informing the City Council that a request has been made that the city consent to the assignment of the existing Union Oil Franchise to Torch Operating Company for the construction, operation and maintenance of a pipeline system for the transportation of oil, gas and other hydrocarbon substances. A motion was made by Harman, second Dettloff, to approve the following recommended actions: Approve introduction of Ordinance No. 3354 after a reading by title by the City Clerk - " An Ordinance Of The City Of Huntington Beach Granting To Torch Operating Company A Franchise To Construct, Operate And Maintain A Pipeline System For The Transportation Of Oil." 2. Approve and authorize execution by the Mayor and City Clerk of the Franchise Agreement Between The City Of Huntington Beach And Torch Operating Company Pursuant To City's Pipeline Franchise Ordinance. 3. Approve and authorize execution by the Mayor and City Clerk of Letter of Clarification From Torch Operating Company dated December 30, 1996 - "The Franchise Agreement Between The City Of Huntington Beach And Torch Operating Company Pursuant To The City's Pipeline Franchise Ordinance." and 4. Accept a ten (10) day notice of cancellation of insurance rather than the usual 30 days notice of cancellation in the event of non-payment of premium and direct that the City Attorney amend the contract/agreement to reflect this change. Following a reading by title of Ordinance No. 3354, the motion made by Harman, second Dettloff, carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Julien Page 32 - Council/Agency Minutes - 04/07197 (CITY COUNCIL) STUDY SESSION MEETINGS WITH CITY EMPLOYEE ASSOCIATIONS - COMMUNICATION FROM COUNCILMAN GAROFALO DATED APRIL 3, 1997 TITLED EMPLOYEEASSOC/AT10MS- CITY ADMINISTRATOR TO PREPARE FORMAT FOR MEETINGS AND RETURN TO THE CITY COUNCIL (120.90) Councilmember Garofalo addressed Council regarding his item on the agenda recommending that the City Council through the City Administrator set up a calendar of study session meetings with the organized leadership of the various employee associations for the specific purpose of: 1. getting to know the individual members, 2. understanding their issues, and 3. being in a better position to then advise management and consultants on resolution. Following discussion, it was determined by Council that the City Administrator would prepare a format for such meetings and return to Council. (CITY COUNCIL) COUNCILMEMBER JULIEN GRANTED PERMISSION TO BE ABSENT FROM COUNCIL MEETINGS (120.40) A motion was made by Green, second Garofalo, to grant permission to Councilmember Pam Julien to be absent from Council meetings through April 14, 1997_ The motion carried unanimously with Councilmember Julien absent. (CITY COUNCIL) RECOMMENDED RE -NAME OF LEGISLATIVE COMMITTEE - TO THE INTERGOVERNMENTAL RELATIONS COMMITTEE - APPROVED (120.25) The City Council considered a communication from Councilmember Harman dated April 7, 1997 informing Council that the Council Legislative Committee on February 7, 1997 voted to re -name their committee the Intergovernmental Relations Committee to better reflect the subject matter considered by the Committee. A motion was made by Harman, second Garofalo, to approve the name change of the Council Legislative Committee to the Intergovernmental Relations Committee. The motion carried unanimously with Councilmember Julien absent. (CITY COUNCIL) REQUEST FOR STAFF TO CONDUCT FEASIBILITY STUDY ON RESTRUCTURING CENTRAL LIBRARY HOURS OF OPERATION - APPROVED (950.10) The City Council considered a communication from Councilmember Sullivan recommending that the Central Library be open on Sundays and recommending that a feasibility study on restructuring Library hours to accommodate Sunday openings be made. Councilmember Sullivan requested that the same number of hours remain for Central Library operation; however, that the hours be redistributed to allow the Library to be open on Sunday afternoon. :.A 04/07/97 - City Council/Redevelopment Agency Minutes - Page 33 A motion was made by Sullivan, second Garofalo, to direct the Library staff to conduct a feasibility study on restructuring Library hours to open the Central Library on Sunday afternoon. The motion carried unanimously with Councilmember Julien absent. (CITY COUNCIL) ACCESS TO BEACH PATH AT SEAPOINT AND PACIFIC COAST HIGHWAY -DEFERRED TO FUTURE MEETING (930.10) Mayor Bauer stated that he would defer discussion on the item which he had scheduled relative to access to the beach path at Seapoint and Pacific Coast Highway to a future meeting. 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, April 14, 1997 at 5.00 p.m. in the Council Chamber, 2000 Main Street, Huntington Beach, California. ATTEST: City Ci VU ex-officio Clerk of ffie City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California City Clerk/Clerk Mayor/Chairman -O