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HomeMy WebLinkAbout1998-04-06 (15) MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Monday, April 6, 1998 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 Dettloff 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 COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Harman, Green, Dettloff, Bauer, (Sullivan arrived at 5:10 p.m. and Garofalo arrived at 5:15 p.m.) Absent: Julien PUBLIC COMMENTS REGARDING STUDY SESSION AND CLOSED SESSION AGENDA ITEMS There were no persons present to address Council regarding the study session or closed session items scheduled on the agenda. (CITY COUNCIL) STUDY SESSION -CITY OF HUNTINGTON BEACH MEMBERSHIP IN PUBLIC CABLE TELEVISION AUTHORITY(PCTA) - FURTHER REPORT TO BE PRESENTED IN 34 DAYS (140.60) Rich Barnard presented a slide report titled Public Cable Television Authority(PCTA) dated April 6,1998. The slide presentation covered the following topics: What is the PCTA? 668 Page 2 - Council/Agency Minutes -04/06/98 Brief history of the PCTA Composition of the PCTA PCTA Responsibilities PCTA's strengths and weaknesses Proposed modification to the JPA City Council options Councilmember Sullivan, who serves as a Director on the PCTA and Councilmember Bauer, Alternate PCTA Director, reported on issues relative to the workings of the PCTA. Councilmember Bauer stated that he believed that the city should withdraw from the PCTA. Mary Morales, Executive Director of the PCTA, presented a report on issues including the PCTA budget, changing technology and interest from the City of Orange to join the PCTA. She spoke regarding how she believes some of the weaknesses in the PCTA can be fixed. Ms. Morales stated that PCTA is planning to recommend that Time Warner rates be lowered and a refund be made to subscribers. She stated that she is sure this recommendation of the PCTA will be appealed to the Federal Communications Commission. Councilmember Garofalo commented on the issues. He stated that he would like to see the city make a proposal to re-write the PCTA Charter to have the vote based on the number of subscribers per city rather than one man - one vote. Councilmember Sullivan recommended that Council and staff submit questions and comments to Ms. Morales for response and that a report be presented to Council as an agenda item in 30 days. MOTION TO RECESS TO CLOSED SESSION -APPROVED (120.80) A motion was made by Green, second Sullivan, to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote with Councilmember Julien recorded absent. 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 SafetyOfficers' 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) 669 04/06/98 - City Council/Redevelopment Agency Minutes - Page 3 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 Grant v. City of Huntington Beach - Orange County Superior Court Case No. 77 85 30. Subject: Grant v. City of Huntington Beach. 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 of Huntington Beach v. Montgomery Watson - Orange County Superior Court Case No. 76 59 40. Subject: City of Huntington Beach v. Montgomery Watson. 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 of Huntington Beach v. Peterson Law Firm - Orange County Superior Court Case No. 78 24 93. Subject: City of Huntington Beach v. Petersen Law Firm. 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 Boles v. City of Huntington Beach -Orange County Superior Court Case No. 67 31 12. Subject: Boles v. City of Huntington Beach. CLOSED SESSION REMOVED FROM AGENDA City Attorney Hutton informed Council that the motion to recess to closed session did not cover the closed session regarding the Spa of Hawaii and that this closed session was removed from the agenda. RECONVENE Mayor Dettloff reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:06 p.m. The City Attorney reported that there were no actions taken by the City Council or Redevelopment Agency in Closed Session that require a reporting as required by law (Government Code 54957.1 (a) (3) (B)). CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: Julien 570 Page 4 - Council/Agency Minutes - 04/06/98 FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by Mayor Pro Tern Green. INVOCATION - Bruce Templeton, First Christian Church, Huntington Beach. CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Pursuant to the Brown (Open Meetings) Act, City Clerk Brockway announced the following late communications regarding Agenda Items which had been received following distribution of the agenda: Revised Page No. 17 of the April 6, 1998 agenda correcting the Council/Agency Adjournment date from Monday, April 14,1998 to Tuesday, April 14,1998 Study Session Regarding: Public Cable Television Authority (A Slide Report dated April 6,1998 Communication from Community Development Director Fallon dated April 3,1998 transmitting a substitute Draft Letter to the U.S. Army Corps of Engineers clarifying the language pertaining to public comment on the Army Corps of Engineers permit Slide Report from Economic Development Director Biggs titled 1997-98 Action Plan Slide show presentation from Councilmember Garofalo dated April 6,1998 regarding Community Development Block Grant (CDBG) Five communications expressing opposition to the proposed signal at Talbert and Edwards as follows: Communication from Mrs. Smith dated April 2,1998; Communication from Martin and Denise Menichiello dated April 2,1998; Communication from Mrs. Hollander, dated April 4,1998; Communication from Gordon M. Watson, President of the Country View Estates Homeowners Association dated April 3,1998; a letter from Jerry Buchanan, Assistant Superintendent, Huntington Beach City School District regarding school buses traveling on Edwards Street up the hill to Ellis Avenue. A communication from Acting Public Works Director Smith dated April 3,1998 in response to a letter from Jerry Buchanan, Assistant Superintendent, Huntington Beach City School District regarding school buses traveling on Edwards Street up the hill to Ellis Avenue. The communication listed on Page 8 of the City Council Agenda is from the Acting Public Works Director not the Economic Development Director; Slide show presentation from Community Services Department dated April 3,1998 regarding an overview of the Huntington Beach Parking Fees 571 04/06/98 -City Council/Redevelopment Agency Minutes - Page 5 Communication from Mr. Abdelmuti, Abdelmuti Development Company dated April 6,1998 in opposition to a complete closure of 5th Street and the elimination of the parking lot behind his building Communication from Mike Roberts, CR Companies, LLC, dated April 6,1998 in opposition to consideration being given to the closure of 5th Street and to the consideration of an all commercial development on Block 104 and 105 Slide Report from Economic Development Director Biggs Regarding: The Block 104113Iock 105 Development Proposals Communication from John H. Tillotson, Jr., Tillotson Enterprises, dated April 6,1998 in opposition to the closure of 5th Street Slide show presentation from the Community Services Department dated April 6,1998 regarding the proposed contract with Schulte Sports Enterprises 95 for naming rights/co rporate partnering relative to Pier Plaza PRESENTATIONS OF CERTIFICATES OF COMMENDATION - By Mayor Dettloff and the City Council, of Miss Huntington Beach, Rachael Bowe, Kristin Darnall, First Runner Up, and Jennifer DeBritton, Second Runner Up and presentations of Certificates of Commendation. Attending with Miss Huntington Beach and her Court is Mrs. Jackie Judd, Executive Director, Miss Huntington Beach Scholarship Pageant. (160.40) PRESENTATION - By Mayor Dettloff and the City Council to David Biggs, Economic Development Director, Proclamation proclaiming the week of April 6-12, 1998, "Community Development Grant Week". (120.60) PRESENTATION - By Mayor Dettloff and the City Council to Huntington Beach High School Model United Nations Teams whose members are both National and International Title Winners. Advisors, Mr. Bill Seckington and Mr. Lynn Aase, Ms. Jill Hardy, and Principal Dr. James Staunton. (160.40) PRESENTATION - By Mayor Dettloff and the City Council to Marina Women's Lady Viking Basketball Team, CIF Southern Section Champions. Pete Bonny, Head Coach, Steve Samperi and Christa Yorke, Assistant Coaches, Athletic Director, Larry Doyle and Dr. Carol Osbrink, Principal. (160.40) PRESENTATION - By Mayor Dettloff and the City Council to Coaches and Players of Ocean View High School's Boys Basketball Team who are CIF Southern Section Champions. Jim Harris, Varsity Coach, Dan Johnson, Jimmy Harris, Rich Butler and Shawn Werner, Assistant Coaches. Henry Hays, Sophomore Coach, John Huber and Matt Clark, Freshman Coaches. Managers, Baron Newman and Matt Tanner. (160.40) 572 Page 6 - Council/Agency Minutes - 04106/98 PRESENTATION - By Mayor Dettloff and the City Council and representatives of Simple Green to those organizations which participated in the Adopt-A-Beach Program. Robin Walter, AYSO, Wayne Wolfe, Bolsa Chica Land Trust, Judy Rinker, Cub Scout Pack#278, Patty McGehee, Costa Mesa High/Golden West College Transition Class, Mary Jo Jeffes, Council on Aging, Myles Rubbelke, Cub Scout Pack#284, Cindy Perez, Cub Scout Pack 290, Rondi Nuno, Cub Scout Pack#470, Tony Marcova, D.I.V.E.R.S, Maria Ezcurra, Dwyer Middle School, Barbara Inskeep, Girl Scouts, Paul McLeith, Huntington Beach Exchange Club, Andy Verdone, Huntington Beach High School Surf Team, Linda Hayward, Mesa View Middle School, Penny Wiegand, OCCDMS, Janet Colley, West Grove Pony, Junette Gaskins, YMCA Indian Maidens. (160,40) ANNOUNCEMENT -APPOINTMENT OF RAY SILVER AS CITY ADMINISTRATOR Mayor Dettloff announced the appointment of Ray Silver as City Administrator of the City of Huntington Beach. APPOINTMENT OF ADMINISTRATIVE ASSISTANT LINDA PITTEROFF Mayor Dettloff announced that Linda Pitteroff was appointed to the position of Administrative Assistant in the City Administrator's Office replacing recently retired Administrative Assistant Pat Jones. PUBLIC COMMENTS JUANA MUELLER, Bolsa Chica Land Trust member, invited Council and staff and all members of the public to the March For The Mesa event sponsored by the Bolsa Chica Land Trust. Ms. Mueller introduced Joel Sheldon, Environmental Engineer and long time city resident. Mr. Sheldon described the plans for the event which will begin at Warner Avenue and Pacific Coast Highway. He distributed invitations to the March For The Mesa. NANCY DONAVEN, Bolsa Chica Land Trust member, stressed the importance of sending the proposed letters to the U.S. Army Corps of Engineers. She stated that the Koll Company has changed the name of the Bolsa Chica Mesa to the Warner Mesa, but that the area should still be known as the Bolsa Chica Mesa. EILEEN MURPHY, Bolsa Chica Land Trust member, stated that she recommends that the letter to be sent by the City to the Koll Company should mention the Warner Mesa as well as the Bolsa Chica Mesa as the Koll Company has changed the name. She expressed her opinion that for the State to spend $90 million to restore the wetlands, then allow the Koll Company to dump their urban runoff into the outer Bolsa Bay is absolutely ridiculous. 673 04/06/98 -City Council/Redevelopment Agency Minutes - Page 7 JAN VANDERSLOOT, Bolsa Chica Land Trust member, thanked the Council for drawing up the proposed letter to forward to the Array Corps of Engineers relative to the Balsa Chica drainage. He asked the Council to consider two revisions to the proposed letter; one revision is that because of these outfall structures the U.S. Army Corps of Engineers re-exert its jurisdiction rather than exert its jurisdiction over the Mesa because in the past they have had jurisdiction and that also that the phrase contrary to the public interest be placed in the letter. WILLIAM CURTIS, informed Council that he was the owner of property located on both sides of Magnolia Street. He stated that he is now convinced his property at is a wetlands. Mr. Curtis informed Council he would now like to have the City Council support his effort to make it all tidal flushing, with a lake 12 months a year and establish a sight-seeing operation. He stated that his plans are supported by Mr. Miller of the Orange County Flood Control District. Mr. Curtis stated this will be helpful to the city and that he has people who are interested in selling him their mitigation credits. Mr. Curtis stated that he is not asking anyone for money. He distributed informational material to Council. GERALD CHAPMAN, requested that the agenda item regarding funds for Huntington Central Park Equestrian Event Site improvements be approved and that it be clarified that if the entire $80,000 is not spent that the horse show would only be responsible for what is spent and the rest of the funds will be returned to the General Fund. HOWARD SUBNICK, displayed a basketball and a chain saw which he stated is to demonstrate the difference between apples and oranges. He referred to the comparison between the citizens salary and police officers salary which was made by Councilmember Sullivan during the recent debate. GARY FINNEY, Fire Department employee, addressed Council regarding the issue of comparing a Radio Shack employee and a firefighter which had been raised during the recent debate between Councilmember Sullivan and Fire Captain Bruce Spencer. He presented a slide report on the matter. DARREN NEWTON, stated that he hoped for the city's sake and the employees' sake that strong leadership ability take place and negotiations be resolved with the public safety departments. RONALD THOMPSON, stated that he believed there is money for pay raises and referred to State and cable television tax revenues. He stated most cities provide 60-75% of their annual budget for public safety and the City of Huntington Beach devotes 54% of its budget. MIKE RAGSDALE, consultant with HR Consultants, stated that the city should not have wasted time conducting a search for City Administrator and should have just appointed Ray Silver as Ray Silver is qualified. He spoke regarding his conversations with the Personnel Director.and stated that he had never received a phone call from the City Council in response to his calls regarding the process. Mr. Ragsdale stated reasons why he opposed the Council's selection of the search firm which assisted the City of San Diego in hiring Michael Uberuga as its City Administrator. 574 Page 8 - Council/Agency Minutes - 04/06/98 GARY BROOKS, Police Officer, stated that it is going on six years without a contract or pay raise for the Police Department. He informed Council that he believes there is more common ground than differences between the Police Department and Council. Officer Brooks spoke regarding the low morale of the Police Department and as he understands it, the low morale of the Fire Department, Public Safety in general and the whole of the city. JOHN CONNER, retired firefighter, spoke regarding the debate between Councilmember Sullivan and Fire Captain Bruce Spencer. He stated that he wished to make a point that the firefighters serve county-wide at times and presented an example of the areas of the state where the Huntington Beach Firefighters have served. He spoke regarding the instances of injury and death of firefighters in the course of their service. Mr. Conner addressed Council in opposition relative to the PERS issue. SHARI DONOHO, representing the Moorhouse Family and the city's professional lifeguards, addressed Council in support of agenda item relative to the acceptance and establishment of a location for the Vincent G. Moorhouse Memorial Statue. Councilmember Sullivan spoke regarding the reasons why he believed the comments made tonight were not accurate including the comment regarding Radio Shack employees and the issue relative to PERS. He stated that he has never conducted employee bashing, but has just reported facts. He displayed a chart produced by the Finance Department on CPI versus salary benefits. Councilmember Bauer requested City Administrator Silver to confirm that salary raises have been offered. City Administrator Silver reported. Councilmember Harman asked what amount of money the city receives from Proposition 172 funds. Deputy City Administrator Franz stated that $7 million is being taken from the city by the State and $1 million is received from Proposition 172 funds. The slide report presented by Councilmember Sullivan was presented to City Clerk Brockway. (CITY COUNCIL) APPROVAL OF RESOLUTIONS OF SUPPORT FOR THE SANTA ANA RIVER FLOOD PROTECTION AGENCY REQUESTS FOR FUNDING FOR STATE FLOOD SUBVENTION PROGRAM AND ARMY CORPS OF ENGINEERS CIVIL WORKS CONSTRUCTION PROGRAM ON SANTA ANA RIVER MAINSTEM PROJECT (120.90) The City Council considered a communication from Administration recommending that Resolutions of support be prepared for the Santa Ana River Flood Protection Agency request for funding for State Flood Subvention Program and the U.S.Army Corps of Engineers Civil Works Construction Program on the Santa Ana River Mainstem Project. Councilmember Green presented a report regarding the reasons why he placed this agenda item before Council. 575 04/06/98 -City Council/Redevelopment Agency Minutes - Page 9 A motion was made by Green, second Bauer to approve the following actions: 1. Authorize the City Attorney to prepare a Resolution of the City of Huntington Beach requesting support for increased Federal funding for Fiscal Year 1998-99 for the Army Corps of Engineers Civil Works Construction Program on Santa Ana River Mainstem Project; and 2. Authorize the City Attorney to prepare a Resolution of the City of Huntington Beach in support of funding of the State Flood Control Subvention Funding for Fiscal Year 1998-99 and 3. Authorize the Mayor and City Clerk to sign these resolutions and forward them to each of these bodies and further that the resolutions be forwarded to all other cities and that the matter be placed on the Orange County League of Cities Agenda. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Julien, (Harman, Garofalo out of room) CITY ADMINISTRATOR ADDRESSES THE CITY COUNCIL AND COMMUNITY Newly appointed City Administrator Silver thanked the City Council for his appointment as City Administrator. He thanked his family and department heads, staff and citizens of the city for contributing to his successful appointment. (CITY COUNCIL) AUTHORIZE LETTERS AS AMENDED TO U.S. ARMY CORPS OF ENGINEERS, COUNTY OF ORANGE, THE KOLL COMPANY AND OTHERS REGARDING PROPOSED BOLSA CHICA DRAINAGE STRUCTURES (440.60) The City Council considered a communication from the Community Development Director Fallon and Acting Public Works Director Smith transmitting pursuant to Council direction, letters to the U.S. Army Corps of Engineers, the Koll Company, the County of Orange and other permit issuing agencies relative to the proposed Balsa Chica Drainage Structures. Said letters have been revised to provide for the Mayor's signature and to incorporate suggestions of Councilmembers and the members of the public who spoke on the matter at the March 16, 1998 Council meeting. Community Development Director Fallon reported relative to the communication announced earlier in the meeting by City Clerk Brockway dated April 3,1998 (Substitute Draft Letter To the U.S. Army Corps of Engineers clarifying the language pertaining to public comment on the Army Corps of Engineers permit). At the request of Councilmember Garofalo, City Administrator Silver reported on the consultants who were working for the city on this issue and the difference between a Nationwide Permit and an Individual Permit. 576 Page 10 - Council/Agency Minutes -04/06/98 Councilmember Garofalo stated that he believed the difference in permits was relative to the amount of acreage involved. Councilmember Garofalo stated that he believed the word potential needs to be inserted as the first word of Paragraph Nos. 1 and 2 in the Substitute Letter. Councilmember Harman stated that the words contrary to public interest should be inserted as well as requesting the U.S. Army Corps of Engineers to re-exert their control rather than exert Mayor Pro Tern Green stated that he did not want to include the word re-exert if it was only waterways jurisdiction and not jurisdiction of the Mesa which the Army Corps of Engineers had previous control over. A motion was made by Harman, second Sullivan to approve the following recommended action: Authorize the Mayor to sign letters to U.S. Army Corps of Engineers, the Koll Company, the County of Orange and other permit issuing agencies requesting an opportunity for the City and public to review and comment on all Bolsa Chica permit applications and further to include the words contrary to public interest and further if the staff determines that the Army Corps of Engineers at one time had jurisdiction that the word re-exert be included. The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan NOES: Garofalo ABSENT: Julien A motion was made by Green, second Garofalo that the word potential be included as the first word on Paragraph Nos. 1 and 2 of the Substitute Letter. The motion failed by the following roll call tie vote: AYES: Green, Dettloff, Garofalo NOES: Harman, Bauer, Sullivan ABSENT: Julien CITY CLERK ANNOUNCES LATE COMMUNICATIONS - PUBLIC WORKS HEART BEAT OF HUNTINGTON BEACH-REPORT REGARDING POTHOLES AND THEIR CAUSES AND COUNCILMEMBER SULLIVAN'S SLIDE REPORT REGARDING: POLICE OFFICER CPI VS. SALARYIBENEFIT INCREASES City Clerk Brockway announced that she had copies of the Public Works report titled Public Works Heart Beat of Huntington Beach - Regarding Potholes And Their Causes prepared by the Public Works Department. She stated that she had also been provided with a copy of Councilmember Sullivan's slide report presented earlier in the meeting by Councilmember Sullivan titled Police Officer CPI Versus Salary/Benefit Increases. 577 04/06/98 - City CouncillRedevelopment Agency Minutes - Page 11 (CITY COUNCIL) REPORT TO COUNCIL REGARDING: GARAGE LOCATED AT 927 10TH STREET ON WHICH SUBJECT AROSE DURING PUBLIC COMMENTS AT MARCH 16, 1998 COUNCIL MEETING (120.90) The City Council considered a transmittal from City Administrator Silver of a report from Planning Director Zelefsky to the Planning Commission dated March 2, 1998 regarding code provisions on a garage located at 927 10th Street. This subject arose at the March 16, 1998 Council meeting at which time staff informed Council a report would be provided to Council at this meeting. Community Development Director Fallon presented a staff report. Mike Strange, Senior Planner, reported on the new home which is proposed to be built at which time this code violation would be rectified. Senior Planner Strange responded to questions of Council. PUBLIC WORKS DEPARTMENT REPORT REGARDING STREET POTHOLES AND THEIR CAUSES Acting Public Works Director Smith presented a slide report titled Public Works The Heart Beat of Huntington Beach, regarding street potholes and their causes. Councilmember Harman requested that if it does not take too much staff time, an inventory of the main arterial streets, the condition of those streets - all the north - south streets and the east-west streets and some kind of rating structure, whether they are in good, poor, unsatisfactory condition, and what is it going to take to fix them. He requested some sort of spread sheet on what is staffs plan and timeline, priorities and costs. Don Noble, Maintenance Operations Manager, reported on various issues relating to potholes on city streets. Councilmember Bauer, in response to Councilmember Harman, stated that the County has not restored AHFP (Arterial Highway Finance Program Funding). Discussion was held regarding available County funding. 578 Page 12 - Council/Agency Minutes - 04/06/98 (CITY COUNCIL) PUBLIC HEARING -APPROVAL OF THE ACTION PLAN 1998-99 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)AND HOME PROGRAMS (340.70) Mayor Dettloff announced that this was the meeting set for a public hearing to consider the following: 1998199 Action Plan CDBG Activity Summary, TABLE IV Community Development Block Grant CDBG REVENUE: AMOUNT CDBG 1998I99 Entitlement Grant $1,672,000 Activities: Administration $289,415 Fair Housing Council 44,985 Code Enforcement Program - 2 Officers 169,694 Security Lighting - Enhancement Areas 24,000 Housing Rehabilitation —Administration 94,100 Oak View Community Center- Expansion Design 7,500 Golden West College - Child Care Facility 99,992 Sewer repair- Enhancement Areas, various 256,600 Public Improvements - Washington Enhancement Area* 408,500 Community Services Department/OCTA contract for transportation 12,000 Project Self-Sufficiency 71,483 Senior Outreach Program 13,375 Adult Day Services 15,000 Boys & Girls Club - Financial Assistance 12,000 Boys & Girls Club -Teen Program 5,000 Community Service Program (Gang Prevention) 15,000 Episcopal Service Alliance (ESA) 10,000 H8 Community Clinic 30,000 Hotline 6,250 Interval House - the shelter's children's program 22,675 Literacy Volunteers of America 15,000 Oak View Community Center 35,017 OC Council on Aging - Ombudsman Services 6,000 Special Children's Connection - Child Care 5,000 Contingency Funds 3,414 TOTAL: $1,672,000 (*$66,000 in Reprogramming Funds are added to this figure, for a total of$474,000) PROGRAM INCOME(Estimated): $270,000 Payments and interest received from housing rehab loans are made available for new loans through a Revolving Loan fund. 579 04106/98 -City Council/Redevelopment Agency Minutes Page 13 HOME Investment Partnership In an effort to expand and preserve its existing affordable housing stock, Huntington Beach has worked with Community Housing Development Organizations (CHDOs) to acquire multifamily rental properties. These buildings are rehabilitated and then are made available to persons below 60% of Orange County median income for a minimum of 30 years. The CHDO must enter into an agreement with the City that outlines all of the affordability requirements, property maintenance standards, and long-term monitoring requirements that are required by HOME regulations. The following activities are proposed for the 1997198 HOME Program: Allocation Administration Acquisition Rehabilitation Construction 97198 HOME $636,000 $63,600 $572,400 0 0 The CP sets local policies and priorities for the development of a viable urban community by providing decent housing and a suitable living environment and expanding economic opportunities principally for low-and moderate-income persons. The city intends to extend and strengthen partnerships among all levels of government and the private sector, including for- profit and non-profit organizations in order to provide for the production and operation of affordable housing; a suitable living environment improving the safety and livability of neighborhoods; assistance to homeless persons and persons at risk of becoming homeless to obtain appropriate housing, without discrimination on the basis of race, color, religion, sex, national origin, familial status, or disability; and expand economic opportunities including job creation and retention. Economic Development Director Biggs and Carol Runzel, Assistant Project Manager, presented a staff report utilizing slides. In response to Councilmember Harman, Ms. Runzel, stated that the slide report designating $35,000 to the Community Clinic was an error and that the amount is $30,000 . Legal notice as provided by the Economic Development Department to the City Clerk's Office had been mailed, published and posted. City Clerk Brockway announced that the following communications had been provided to the City Council: Slide Report from Economic Development Director Biggs Slide show presentation from Councilmember Garofalo dated April 6,1998 regarding Community Development Block Grant (CDBG) 580 Page 14 -Council/Agency Minutes - 04/06198 Mayor Dettloff declared the public hearing open. LINDA LIGHT, representing Literacy Volunteers of America/Huntington Valley, requested Council approval of the CPAB recommendation for$15,000 funding for the Literacy Volunteer Program. Ms. Light reported on different programs offered by the Literacy Volunteers. OLYMPIA SANTANA, literacy student, read a statement to the Council regarding her experience as a person who has been tutored by a literacy volunteer tutor. MARY DE SLOWER, President of Literacy Volunteers of America-Huntington Valley, thanked Council for their past and present support of the literacy programs. She stated that the other student who was to be present this evening was absent as he has passed a truck driving test and is now working due to his having been tutored. TANYA GRIMES, Executive Director of The Boys And Girls Club, addressed Council in support of their programs including the child care program enabling parents to work and not be dependent on welfare. She spoke regarding the teen program offered by the Boys and Girls Club. Ms. Grimes informed Council of what the cuts proposed will mean to the Teen Program and the Financial Assistance Program. CINDY CONDICT, spoke regarding her bad experience with the Fair Housing Council. She stated that it was through the efforts of Mayor Dettloff and Carol Runzel, Assistant Project Manager, that had helped her through this crisis. She requested that Council see that the Fair Housing Council carry through with the assistance that they provide to persons. CORDULA DICK-MUEHLKE, spoke on behalf of the Adult Day Care Services of Orange County. She stated that the ground-breaking at the Bushard Street and Indianapolis Avenue location will be held soon. She informed Council of the importance of this Adult Day Care Center to the community. JANINE LIMAS, spoke in support of the Interval House and thanked Council for their past support. She stated that the money will go to their children's program. ROY RICHARDSON, CPAB member, spoke regarding the meetings held by the CPAB. He recommended that the CPAB recommendations be approved. There being no one to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by Mayor Dettloff. Councilmember Garofalo presented a slide report titled Community Starts At Home dated April 6,1998 which had been announced by City Clerk Brockway during the announcement of Late Communications earlier in the meeting. 581 04/06198 - City Council/Redevelopment Agency Minutes - Page 15 A motion was made by Harman, second Green to approve the following recommended actions: 1. Approve the 1998/99 Action Plan for the Community Development Block Grant and HOME Programs as referenced as Attachment 1, for the amounts of$1,672,000 and $638,000 respectively, for a program year to begin July 1, 1998 and end September 30, 1999, and authorize its submission to the U.S. Department of Housing & Urban Development and authorize the City Administrator to execute the required Certifications. 2. Approve that if there is an increase in the Public Services cap, that the activities to receive the funds would be 1) the Seniors Outreach Program and 2) the Huntington Beach Community Clinic at an amount not to exceed the requested grant amount. The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Julien (CITY COUNCIL) PUBLIC HEARING - REVIEW OF PUBLIC WORKS DECISION ON EDWARDS STREETITALBERT AVENUE IMPROVEMENTS AND CONSIDERATION BY COUNCIL OF COASTAL DEVELOPMENT PERMIT NO. 97-311MITIGATED NEGATIVE DECLARATION NO. 97-25 (EDWARDS STREET IMPROVEMENTS) (420.80) Communication from Acting Public Works Director Smith. Mayor Dettloff announced that this was the meeting set for a public hearing to consider the following: Applicant: City of Huntington Beach, Public Works Department. Request: To widen Edwards Street between Ellis Avenue and Inlet Drive to its ultimate width per the General Plan Circulation Element and reduce the south side of Talbert:Avenue between Edwards Street and Fieldbury Lane. Location: Edwards Street (segment north of Ellis Avenue and south of Inlet Drive, including intersection of Talbert and Edwards) and Talbert Avenue (segment from Edwards Street to Fieldbury Lane.) Environmental Status: An initial environmental assessment (Mitigated Negative Declaration No. 97-25) for the above item was processed and completed in accordance with the California Environmental Quality Act. It was determined that the above items, with mitigation, would not have any significant environmental effects and that a mitigated negative declaration is warranted. This environmental assessment is on file at the City of Huntington Beach Community Development Department. 582 Page 16 - Council/Agency Minutes -04/06/98 Coastal/Zone Status: The above item is located in the appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 97-31, filed on November 17, 1997, in conjunction with the above request. The Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion and action. City Council action on the above item may be appealed to the Coastal Commission within ten (10)working days from the date of receipt of the notice of final City action by the Coastal Commission pursuant to Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance and Section 13110 of the California Code of Regulations. The Coastal Commission address is South Coast Area office, 200 Oceangate, 10th Floor, Long Beach, California 90802-4302. Acting Public Works Director Smith presented a staff report. Dave Webb, Acting Deputy City Engineer, presented a staff report. Discussion was held between Council and Acting Deputy City Engineer Webb regarding the rationale used for the recommendation for the proposed light at Talbert Avenue and Edwards Street including the plan to leave the stop sign at Varsity Drive. Legal notice as provided by the Public Works Department to the City Clerk's Office had been mailed, published and posted. City Clerk Brockway announced that the following communications had been provided to the City Council: Five communications expressing opposition to the proposed signal at Talbert and Edwards as follows: Communication from Mrs. Smith dated April 2,1998; Communication from Martin and Denise Menichiello dated April 2,1998; Communication from Mrs. Hollander, dated April 4,1998; Communication from Gordon M. Watson, President of the Country View Estates Homeowners Association dated April 3,1998; a letter from Jerry Buchanan,Assistant Superintendent, Huntington Beach City School District regarding school buses traveling on Edwards Street up the hill to Ellis Avenue. Communication dated March 18,1998 from the Huntington Beach School District regarding the impact to the district of a stop light at Edwards Street and Talbert Avenue as buses will have to proceed up Edwards Hill at two miles per hour and hinder traffic. A communication from Acting Public Works Director Smith dated April 3,1998 in response to a letter from Jerry Buchanan,Assistant Superintendent, Huntington Beach City School District regarding school buses traveling on Edwards Street up the hill to Ellis Avenue. Also communications included in the City Council Agenda Packet from Ms. Reed dated April 3,1998 and from John Fisher dated April 2,1998 in opposition to a traffic signal at Talbert Avenue and Edwards Street. City Clerk Brockway announced that communication listed on Page 8 of the Council Agenda is from the Acting Public Works Director rather than the Economic Development Director 583 04/06/98 -City Council/Redevelopment Agency Minutes - Page 17 Mayor Dettloff declared the public hearing open. THOMAS BURKET, stated that he believed from a purely technical standpoint that the Public Works Department plan approved at the last Public Works Commission meeting is a good solution and more importantly from a socio-economic standpoint. He stated that it benefits the most local residents and adversely impacts the fewest of the local residents. BETTY JONES, spoke in favor of the staff recommendations. She stated that she believes the traffic signal and a marked crosswalk is a necessity. She stated that she realizes the residences backing up to the traffic signal will be impacted, but that it is a matter of safety. JERRY JONES, spoke in support of the traffic signal and crosswalk. He spoke regarding the first recommendation on this matter which the people because of safety issues requested another action. He stated that he believed the alternative put the children at severe hazard. He presented a letter to the City Council. COLLEEN HOWATT, stated her concern is for the children. She stated that since the stop sign was put in, the accidents have been cut down there and there have been no more traffic fatalities. Ms. Howatt informed Council that the cars do not stop when people attempt to cross Inlet Drive and there is difficulty in trying to cross to the park. She stated that the signal is needed. MILISS JASO, displayed a drawing showing Fieldbury Lane where she resides. She stated her concern if the left turn lane is no longer available to Edwards Street that it will be unacceptable to the residents. She spoke in support of the Public Works Department recommended action. JERRY JASO, spoke in support of the recommended action for reasons including the safety issue and for not having their tract turned into a major arterial. He stated he understood others objections, but the greater good of the community would be served by the traffic light. BRIAN FRONK, displayed a diagram of the area and spoke in opposition to the removal of the left turn, stating the need for the safety of children. He stated that putting the signal light in values the lives of children above other considerations. Mr. Fronk spoke regarding other detrimental effects including the types of traffic confusion that would result if a signal light were not installed. RAY SHAW, stated that he is in favor of the left turn; that he believes the traffic signal will help however no matter how you cut it it looks like the residents on Fieldbury Lane will have more traffic from the new development on the hill. He stated that allowing the left turn will minimize that but as there is no left turn going in on Inlet Drive people will go around the other way to go through their neighborhood which has 18 children as mentioned earlier. RICHARD ODELL, spoke in support of maintaining the left turn lane not only off Talbert Avenue onto Edwards Street, but also out of Inlet Drive as it will minimize the negative impacts that this decision is likely to inflict upon the neighborhood. He stated they realize the impact to the residents backing up to the signal. 584 Page 98 -Council/Agency Minutes -04/06/98 JERRY BUCHANAN, representing the Huntington Beach City School District, spoke regarding the problems of the buses on Edwards Hill including the problem of proceeding up the hill from a stopped position. Discussion was held between Council and Mr. Buchanan regarding issues including the possibility of re-routing the buses, sequencing of lights, and a device like that used by ambulances although the Fire Department indicates this is not feasible. ROBERT THOMAS, stated he is in favor of the Public Works Commission's proposed traffic controls on Edwards Hill. He stated that it is well to keep in mind amidst the rancorous whinings about inconvenience and noise etc.; that this is the month of the 1 Ilth Anniversary of the date that a young woman was killed riding her bike up Edwards Hill, by a drunk driver. He stated that more recently a lady was killed while attempting to cross the street at Varsity Drive and Edwards Street where again excessive speed and reckless vehicle operation were the factors. He stated that the construction of the new Linear Park will mean that a great deal more foot traffic will be in evidence crossing between the old and new sections. BART HOLLANDER, presented background information on the matter and referred to his earlier communication which is part of the Council Agenda Packet. He stated he believed this issue originated because people did not want to lose their left turn from Talbert Avenue onto northbound Edwards Street. He spoke regarding the study and alternatives. He stated that he believed Council was hearing a distortion of the facts and stated the figures in the study showing the low number of left hand turns. He stated his concern that there is more potential for danger created from the signal than from not having the signal. He referred to the Transportation Circulation Study where it states there will be no impacts or hazards to safety from design feature however he believes that there is a risk as evidenced by the installation of a flashing signal. Mr. Hollander reported on what he believes are inaccuracies in the Public Works Commission's comments on the issue relative to the viewpoints of the public at the Commission's meetings regarding why no one had agreed to the original proposal and also regarding the position he expressed in his letter. Mr. Hollander presented reasons why he believes the intersection ought to be left as is, but if a change is wanted there could be an addition of a turn-in median-safety lane when you turn left off of Talbert Avenue on to Edwards Street which he stated would make everyone happy. Councilmember Bauer requested clarification from Mr. Hollander regarding what was the original purpose. Dave Webb, Acting Deputy City Engineer spoke regarding the original proposal. MAXWELL SMITH, addressed Council and stated that a lot of things stated tonight are not factual, but are perceptions. He requested that a study be done on the effect on drivers of sunlight on the proposed traffic signal especially in the evening, going towards Edwards Hill. He presented reasons in opposition to the signal light as he believes it will increase traffic. Mr. Smith stated that he believed there should be a light at Varsity Drive and the children should be allowed to cross there where it's a little bit safer condition. 585 04/06/98 - City CouncillRedevelopment Agency Minutes - Page 19 ALAN REID, spoke in opposition to the proposed light. He stated that he believed if there is a signal light there will be increased traffic in to Fieldbury Lane. He stated that at the original Public Works Commission meeting it was stated that typically with a new traffic signal there is an increase in rear end traffic collisions not a decrease. He stated figures relating to the traffic counts. He stated there is a lot less traffic at the intersection turning left from Talbert Avenue onto Edwards Street than has been presented here according to the summary of counts of the Public Works Commission. Mr. Reid stated that he believes a lower speed limit would help solve the problem together with four lanes. WILLIAM SMALLSHAW, informed Council of his support for the recommended actions. He stated that the issue is not noise as all will be affected by the widening of Edwards Street; that the real issue is diverting major arterial traffic into a residential tract which is bad public policy. He stated if children should be injured in Fieldbury Lane tract that the city will bear some of the responsibility if it is from traffic that has been diverted into a residential area off of an arterial. There being no one to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by Mayor Dettloff. A motion was made by Harman, second Garofalo to approve the following recommended actions: 1. Uphold the February 18, 1998, Public Works Commission support of a traffic signal at Edwards Street and Talbert Avenue; and 2. Approve Negative Declaration 97-25 (Attachment No. 4) with findings and mitigation measures as set forth in (Attachment No. 2) to the Request for Council Action dated April 6, 1998; and 3. Approve Coastal Development Permit No. 97-31 with findings and conditions of approval as set forth in (Attachment No. 2) to the Request for Council Action dated April 6, 1998. Councilmember Garofalo stated that he would support it on the absolute mandate that the lights at the top and bottom of the hill being synchronized, an agressively marked crosswalk with perhaps decals, and investigation of the device on the buses similar to those used by ambulances which would work with the synchronization issue. Councilmember Bauer stated that he believes people will still cross at inlet Drive and not go to the designated crossing points. He also stated that perhaps a caution sign should be placed to warn people of the possibility of industrial type slow vehicles ahead and the Deputy City Engineer stated that a "steep grade ahead" type of sign could be placed prior to the hill. 586 Page 20 - Council/Agency Minutes - 04/06/98 Councilmember Harman stated that is not convinced that a traffic signal is needed at the top of the hill at Ellis Avenue and stated he would like the installation deferred if possible to a later date in order to see if it is needed. City Engineer Eichblatt, reported on the matter and stated that this signal light is a condition of two proposed tract developments. Mayor Dettloff stated the reasons why she wants to see the light at the top of the hill including that if you get speeds up from Garfield down and then you hit that hill and you have a light at the bottom, that, to her is the danger, but that she will support this because of the light up at Ellis where you stop and do not have the speed. She stated that the light rather than the current stop sign, guarantees, she thinks, more safety at the bottom of the hill, and that's going to be dangerous as it is down at the bottom, and with children crossing to access the park. The motion made by Harman, second Garofalo carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Julien (CITY COUNCIL) PUBLIC HEARING -APPROVED INTRODUCTION OF ORDINANCE NO. 3393 ESTABLISHING NEW RECREATIONAL PARKING ZONE AND ADOPTED RESOLUTION NO. 98-25 AMENDING THE CITY FEE SCHEDULE BY AMENDING BEACH PARKING AND MAIN PROMENADE PARKING STRUCTURE PASS FEES (340.20) Mayor Dettloff announced that this was the meeting set for a public hearing to consider the following: Public hearing for the purpose of amending the city fee resolution by amending a portion of Community Services Department fees for beach parking pass yearly rates and Main Promenade Parking Structure pass monthly and yearly rates. In addition, a new ordinance is being recommended to establish a new recreational parking zone and fee for the Pier Plaza parking lots. The city is proposing the following: Increasing the yearly beach parking pass from $60 to $100; the prorated yearly beach parking pass after Labor Day from $25 to $35; the monthly Main Promenade Parking Structure pass from $10 to $20; the yearly structure parking pass from $60 to $100; and the prorated yearly structure parking pass after Labor Day from $25 to $35. The yearly beach parking pass and Main Promenade Parking Structure pass for seniors will remain at $25. The estimated amount of yearly revenue to be raised by the proposed amendments is $20,000. The increased revenue from the fee changes in the parking facilities will be used to offset the debt service for the Pier Plaza parking lots and the Main Promenade Parking Structure. Legal notice as provided by the Community Services Department to the City Clerk's Office had been mailed, published and posted. 587 04/06/98 - City Council/Redevelopment Agency Minutes - Page 21 City Clerk Brockway announced that the following communication had been provided to the City Council: Slide show presentation from Community Services Department dated April 3,1998 titled Huntington Beach Parking Fees- Overview Mayor Dettloff declared the public hearing open. There being no one to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by Mayor Dettloff. City Clerk Brockway read Ordinance No. 3393 by title. A motion was made by Green, second Garofalo to approve the following recommended actions: 1. Approve introduction of Ordinance No. 3393 - "An Ordinance of the City of Huntington Beach Amending Chapter 10.60 of the Huntington Beach Municipal Code by Adding Sections 10.60.010 (c)(8) and 10.60.020 (c)(4) Relating to Parking Meter Zones Located at the Pier Plaza Parking Lots." and 2. Adopt Resolution No. 98 25 - "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 5159 Entitled, "A Resolution of the City Council of the City of Huntington Beach Establishing a City Fee Schedule"As To Services Offered Under the Community Services Department(Supplemental Fee Resolution No. 63)"(Amends the city fee schedule by adding a new fee for Pier Plaza Parking, and increasing the parking pass fees for the beach and the Main Promenade Parking Structure.) The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Julien (REDEVELOPMENT AGENCY) BLOCKS 1041105 OWNER PARTICIPANT SELECTION - (MAIN STREETI6TH STREETI5TH STREET/WALNUT AVENUE) -APPROVED DEVELOPMENT STRATEGY-AUTHORIZED STAFF TO PREPARE EXCLUSIVE NEGOTIATING AGREEMENT WITH CIMIFEDERAL REALTY FOR AGENCY APPROVAL (410.20) The City Council considered a communication from Economic Development Director Biggs and Community Development Director Fallon regarding the need for a Development Strategy to be in place for Blocks 104 and 105, and informing the Agency members that the seven Owner- Participant proposals received by the Redevelopment Agency have been evaluated. Approval 5$$ Page 22 -Council/Agency Minutes - 04/06/98 of a development strategy with the selection of an Owner-Participant will allow for redevelopment of the site. Economic Development Director Biggs presented a staff report_ Considerable discussion was held. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council: Communication from Mr. Abdelmuti, Abdelmuti Development Company dated April 6,1998 in opposition to a complete closure of 5th Street and the elimination of the parking lot behind his building Communication from Mike Roberts, CR Companies dated April 6,1998 in opposition to consideration being given to the closure of 5th Street and to the consideration of an all commercial development on Block 104 and 105 Slide Report from Economic Development Director Biggs titled Block 104181ock 105 Proposals - City Council Study Session -April 6,1998 Communication from John H. Tillotson, Jr., Tillotson Enterprises dated April 6,1998 in opposition to the closure of 5th Street KEITH BOHR, representing T.C. Management Incorporated, addressed Council and stated that they will be starting the Conditional Use Permit process soon. He distributed a document to the City Council. He stated reasons why he did not believe the CIM plan could happen, even though it looks good on paper. He stated the very many problems he saw, even though CIM is a good company. JAMES LANE, spoke in support of Mr. Bohr's comments. He stated his concern with the closure of 5th Street and also the effect on the low income residents of this area. TIM STRIPE, Co-President of Grand Pacific Resorts, Carlsbad California, commented on items in the staff report including revenue to be generated; that the numbers for Grand Pacific Resorts in Attachment No. 3 in the Staff Report may be an error. He stated their proposal in its current form will not close 5th Street. PRANK CRACCHIOLO, stated that he believes that that they now have a plan that will work after many attempts. He requested Council's support. ANN MASS, spoke in opposition to the CIM proposal for reasons including that the proposal of the CIM Group is approved after only nine months and she has worked in cooperation with the city since 1981 to develop her property. SHAUL KUBA, CIM Group, spoke in support of the CIM proposed project. 589 04/06/98 - City Council/Redevelopment Agency Minutes - Page 23 JOHN GIVEN, representing CIM Group with Federal Realty, spoke in support of the proposal, stating that tonight is not the time to make a decision on a project or to make a decision on 5th Street. A motion was made by Bauer, second Sullivan to approve the following recommended actions: 1. Approve a Development Strategy for Blocks 104 and 105 that seeks joint development of the two blocks and utilize a traditional redevelopment approach including property acquisition of the Main Street properties and new construction with an Owner-Participant developer; and 2. Direct Staff to prepare a 120 Day Exclusive Negotiating Agreement (ENA) with C1M/Federal Realty and return to the Redevelopment Agency for approval of the Exclusive Negotiating Agreement at the earliest possible date. Following discussion by Council the motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan NOES: Garofalo ABSENT: Julien A REQUEST BY CITY ADMINISTRATOR TO TAKE ACTION ON AGENDA ITEMS EXCEPT THOSE REMOVED BY THE CITY COUNCIL In response to Mayor Pro Tern Green's proposal that the City Council adjourn and continue the remaining portion of the agenda to the next meeting, City Administrator Silver requested that Council approve all the remaining items agenda by one vote, except for the items Council may wish to consider separately. The City Council removed the following items from the Agenda for separate discussion and/or Deferred to a future meeting: Recommendation To Receive And File Big Independent Cities Excess Pool (Bicep) Financial Statements And Independent Auditor's Report (Deferred to April 20,1998) Approval of Funds For Huntington Central Park Equestrian Event Site Improvements - Amendment To Fiscal Year 97/98 General Fund Budget (Separate discussion) Request To Prepare And Distribute Request For Proposal To Professional Consultants For Assistance In The Intergovernmental Affairs Program (Deferred to April 20,1998) Resolution No. 98-19 - Revised Conflict Of Interest Code (Deferred to April 20.1998) Introduction Of Ordinance No. 3391 Relating To The Filing Of Statements Of Economic Interest By Members Of Boards, Commissions And Committees (Deferred to April 20,1998) 590 Page 24 - Council/Agency Minutes - 04/06/98 CONSENT CALENDAR ITEMS APPROVED -ADOPTION OF ORDINANCES APPROVED - ADMINISTRATIVE ITEM APPROVED -CITY COUNCIL " H" ITEMS APPROVED A motion was made by Green, second Garofalo to approve the following items on the City Council Agenda in a Consent Calendar vote procedure: (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES -Approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of March 2, 1998, adjourned regular meeting of March 9, 1998, and regular meeting of March 16, 1998 as written and on file in the Office of the City Clerk. (CITY COUNCIL) APPROVED RELEASE OF BONDS -TRACT NO. 14043 - NORTH SIDE OF GOLDENWEST STREET, WEST SIDE OF LITTLE HARBOR LANE -SEACLIFF PARTNERS INC. - 1. Released the Faithful Performance/Labor& Material Bond No. 8577 and Monument Bond No. 8578; and 2. Instructed the City Clerk to notify the developer, Seacliff Partners of this action, and the City Treasurer to notify the bonding company, Pacific States Company, of this action. (420.60) (CITY COUNCIL)APPROVED RELEASE OF BONDS -TRACT NO. 14277 - SOUTH OF THE INTERSECTION OF DORAL DRIVE AND MORNING SIDE DRIVE - PENINSULA 1 PARTNERS, INC. - 1. Released the Faithful Performance/Labor& Material Bond No. 8593 and Monument Bond No. 8594; and 2. Instructed the City Clerk to notify the developer, Peninsula 1 Partners of this action and the City Treasurer to notify the bonding company, Pacific States Company, of this action. (420.60) (CITY COUNCIL) APPROVED PARK LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR LANGENBECK PARK -Approved the License Agreement with Southern California Edison Company to utilize 8.19 acres of property at Langenbeck Park for five years at $100 per acre per year, and authorized the Mayor and City Clerk to execute same. (600.10) (CITY COUNCIL) APPROVED SYCAMORE AVENUE SEWER REHABILITATION PROJECT - FINAL PLANS AND SPECIFICATIONS AND ADVERTISEMENT FOR BIDS -APPROVE SAMPLE CONTRACT - CC-1045 (600.60) 1. Approved the attached sample contract subject to award of contract to the lowest responsive/responsible bidder and 2. Approved final plans and specifications, and direct the City Clerk to advertise the Sycamore Avenue Sewer Rehabilitation Project for bid. (CITY COUNCIL) ACCEPTANCE OF DEED FROM PLC COMPANY RIGHT-OF-WAY EASEMENT - HOLLY-SEACLIFF DEVELOPMENT AGREEMENT AREA (PROMENADE PARKWAY) -Accepted the Easement Deed from the PLC Company for street right-of-way purposes in the Holly-Seacliff Development area -Tract 14661 and retroactively approved the City Clerk's recordation of said deed on April 15, 1997. (AP# 111-073-07 and AP# 159-311- 18,19,22 Promenade Parkway/Seagate Drive/Main Street.) (650.80) 591 04/06/98 -City Council/Redevelopment Agency Minutes - Page 25 (CITY COUNCIL)APPROVED SIXTY-DAY NOTICE AND WAIVER REQUEST FROM COUNTY OF ORANGE REGARDING: PROVISIONS OF MENTAL HEALTH SERVICES IN DONATED SPACE AT OCEAN VIEW HIGH SCHOOL - RESOLUTION NO. 98-24 -Adopted Resolution No. 98-24 pursuant to Government Code Section 25351 - "A Resolution of the City Council of the City of Huntington Beach Granting Waiver of 60-Day Notice for Donation of Space to the County of Orange for a Modular Classroom at Ocean View High School for the Provision of Mental Health Services." (570.10) (CITY COUNCIL)ACCEPTED AND ESTABLISHED A LOCATION FOR THE VINCENT G. MOORHOUSE MEMORIAL STATUE - 1. Accepted, on behalf of the city, the donation of a statue of a brown pelican in honor of Vincent G. Moorhouse and establish a temporary location for the memorial statue on the grassy area immediately south of Lifeguard Headquarters; approved placing the statue, on a permanent basis, within the South Beach Improvement Project when South Beach is renovated. 2. Approved the relocation of the Vincent G. Moorhouse Statue from the proposed interim location to its final location when the South Beach Improvement Project moves forward. The city also acknowledges the Moorhouse Foundation will be responsible for annual maintenance and upkeep of the statue as needed. (130.55) (CITY COUNCILIPARKING AUTHORITY) ADOPT RESOLUTIONS TO PROVIDE CLEAR TITLE TO DUKE'S SURF CITY FOR THEIR LEASE HOLD INTEREST IN PIER PLAZA (TERMINATION OF LEASE BETWEEN CITY AND PARKING AUTHORITY FOR PARKING STRUCTURE NEAR THE PIER) -Approved the following actions: -Parking Authority Action: Adopted Resolution No. 31 entitled - "A Resolution of the Parking Authority of the City of Huntington Beach, Acknowledging the Termination of the Lease Between the City and the Parking Authority of the City of Huntington Beach for a Parking Structure in the Vicinity of the Huntington Beach Pier."and City Council Action: Adopted Resolution No. 98-26 entitled - "A Resolution of the City Council of the City of Huntington Beach, Acknowledging the Termination of the Lease between the City and the Parking Authority of the City of Huntington Beach for a Parking Structure in the Vicinity of Huntington Beach Pier." (600.05) (CITY COUNCIL) APPROVED CONTRACT WITH EIP ASSOCIATES FOR PREPARATION OF AN ADDENDUM TO THE SUPPLEMENT TO ENVIRONMENTAL IMPACT REPORT NO. 82-2 FOR THE WATERFRONT PROJECT AND APPROVE MODIFICATIONS TO INSURANCE REQUIREMENTS -Approved and authorized execution of the contract between the City of Huntington Beach and EIP Associates for consulting services to prepare an Environmental Impact Report Addendum for the proposed Waterfront project in an amount not to exceed $22,645, with the amendment recommended by the Insurance Settlement Committee to the 'Indemnification and Hold Harmless' section of the City's standard professional services contract as set forth in (Attachment No. 1) to the Request for Council Action dated A016, 1998. (600.10) 592 Page 26 - Council/Agency Minutes - 04/06/98 (CITY COUNCIL) REALLOCATED FUNDS FOR PARKING SIGNAGE AT PIER PLAZA - BUDGET AMENDMENT -Approved an amendment to the Fiscal Year 97/98 budget to transfer funds previously approved by City Council from the Pier Plaza Project contingency in the amount of$125,000 from Account No. E-AA-CS-346-3-90-00 to the Account No. ECL-PC-029-3-90-00. (320.20) (CITY COUNCIL) APPROVED THE ACCEPTANCE OF AN IRREVOCABLE OFFER OF DEDICATION - STREET EASEMENT EAST SIDE OF NEWLAND STREET - SOUTHERN CALIFORNIA EDISON COMPANY AP NO. 114-150-16 AND 17 -Approved the action taken on December 17, 1997 by the Mayor and City Clerk relative to the acceptance and execution of the Irrevocable Offer of Dedication from the Southern California Edison Company-Street Easement for the future widening of Newland Street. (650.80) (CITY COUNCIL) APPROVED OF AGREEMENT FOR GENERAL MANAGEMENT, ENGINEERING, SECRETARIAL AND FISCAL AGENT SERVICES BETWEEN THE WEST ORANGE COUNTY WATER BOARD AND THE CITY OF HUNTINGTON BEACH -Approved and authorized the Mayor and City Clerk to execute the attached Agreement By And Between The City Of Huntington Beach And The West Orange County Water Board For Contract Manager Services, General Management, Engineering, Secretarial And Fiscal Agent Services. (600.10) (CITY COUNCIL) APPROVED AGENT'S CONTRACT FOR NAMING RIGHTS/CORPORATE PARTNERING PROGRAM - PIER PLAZA PROJECT AND APPROVED PROFESSIONAL LIABILITY WAIVER - 1. Approved the attached contract with Schulte Sports Enterprises (SSE) for naming rights/corporate partnering, and authorized the Mayor and City Clerk to execute - "Agreement Between The City Of Huntington Beach And Schulte Sports Enterprises For Appointment Of An Agent For The !Negotiation And Procurement Of A Naming Rights Agreement To Pier Plaza -and 2. Approved an amendment to the Fiscal Year 97/98 Pier Plaza Fund budget to allocate $30,000 of contingency into the new Pier Plaza Fund for project startup costs;-and 3. Authorized the expenditure of$30,000 from the Pier Plaza Project Contingency Fund for startup costs for print materials/brochures and agent's draw to be reimbursed to the Pier Plaza Fund from the commissions paid to Schulte Sports Enterprises upon receipt of revenue; and 4. Directed staff to work with Schulte Sports Enterprises to develop a naming rights/corporate partnering benefits package to bring back to City Council for approval for the Pier Plaza project. and 5. Approved waiver of professional liability insurance requirement as recommended by the Settlement Committee on March 11, 1998. (600.10) Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Slide show presentation from the Community Services Department dated April 6,1998 regarding the proposed contract with Schulte Sports Enterprises 95 for naming rights/corporate partnering relative to Pier Plaza 593 04106/98 -City Council/Redevelopment Agency Minutes - Page 27 (CITY COUNCIL)ADOPTED ORDINANCE NO. 3390 - REDUCING THE UTILITY TAX LATE PAYMENT PENALTY- FOLLOWING A READING BY TITLE ADOPTED "An Ordinance of the City of Huntington Beach Amending Chapter 3.36 of the Huntington Beach Municipal Code Pertaining to the Collection Procedures for the Utility Users Tax." (640.10) (CITY COUNCIL) ADOPTED ORDINANCE NO. 3392 - CODE AMENDMENT NO. 98-1 AMENDING MUNICIPAL CODE SECTION 2.32030(A) PERTAINING TO THE ENFORCEMENT OF THE STATE SMOKING LAW BY CODE ENFORCEMENT OFFICERS - FOLLOWING A READING BY TITLE ADOPTED - "An Ordinance of the City of Huntington Beach Amending Chapter 2.32 of the Huntington Beach Municipal Code Pertaining to Powers and Duties of Department of Community Development." (640.10) (CITY COUNCIL) REQUEST FOR PERMISSION TO BE ABSENT - COUNCILMEMBER JULIEN -Aproved Cuncilmember Julien's request for permission to be absent from the City Council Meeting of April 6,1998. (120.40) (CITY COUNCIL)APPROVED LETTER SUPPORTING CALIFORNIA COASTAL CONSERVANCY ACQUISITION OF PROPERTY AT PACIFIC COAST HIGHWAY AND MAGNOLIA STREET -Approved the proposed attached letter of support to the California Coastal Conservancy for their acquisition of the property located at Pacific Coast Highway and Magnolia Street which has been designated as Coastal Conservation by the City of Huntington Beach and the California Coastal Commission and supporting an enhancement plan that will explore alternatives for different habitats. (120.70) (CITY COUNCIL) COMMENDATION TO PUBLIC WORKS DEPARTMENT REGARDING WARNER AVENUE LANDSCAPING - Commended the Department of Public Works for the great job that is being accomplished on the landscaping on the medians on Warner Avenue through Measure M Funding. (120,70) The motion made by Green, second Garofalo to approve all above listed items carried by the following roll call vote.- AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Julien 594 Page 28 - Council/Agency Minutes -04/08/98 (CITY COUNCIL) APPROVED FUNDS FOR HUNTINGTON CENTRAL PARK EQUESTRIAN EVENT SITE IMPROVEMENTS -AMENDMENT TO FISCAL YEAR 97198 GENERAL FUND BUDGET - APPROVED RECOMMENDED ACTION AS AMENDED - FUNDS FOR HUNTINGTON CENTRAL PARK EQUESTRIAN EVENT SITE IMPROVEMENTS (320,20) The City Council considered a communication from Community Services Director Hagan recommending approval of funds for Huntington Central Park Equestrian Event Site Improvements. Considerable discussion was held regarding various issues relating to the loan including whether other entities would request the same action of Council. Discussion was held regarding what would occur if the event is rained out or if the proceeds are not enough to cover the loan. A motion was made by Green, to adopt Recommended Action No. 1 as follows: 1. Utilize the Park Acquisition and Development Fund to pay expenses that would again be reimbursed by the net proceeds from the GTE Directory Summer Classic Equestrian Event. The motion faired due to a lack of a second. Jan Jankoviac, spoke in support of the recommended action and informed Council of the reasons why he believed this will be the best event ever, in that revenues will exceed $80,000 to $90,000. Following discussion, a motion was made by Harman, second Sullivan to approve the recommended action as follows with the exception that the funding be derived from the Park Acquisition and Development Fund: 1. Approve an amendment to the Fiscal Year 97/98 Park Acquisition and Development Fund to allocate $80,000 into Account E-AA-CS-340-3-90-00 for improvements in Huntington Central Park and 2. Authorize staff to do the turf improvements at Huntington Central Park at a cost of not to exceed $80,000. (Communication dated March 30, 1998 received from the Huntington Beach Art Center Foundation agreeing that the city will be reimbursed the $80,000 before any funds are disbursed to the Art Center operation.) The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Julien 595 04/06/98 - City CounciURedevelopment Agency Minutes - Page 29 ADJOURNMENT -CITY COUNCILIREDEVELOPMENT AGENCY Mayor Dettloff adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 12:50 a.m. to the adjourned regular meetings to be held on Monday April 13, 1998 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City Clerk and ex-officio Clerkof the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: City Clerk/Clerk yorlChairm 596