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HomeMy WebLinkAbout1998-06-01 (6)MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, June 1, 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 5:08 p.m. in Room B-8. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Sullivan, (Bauer arrived at 5:09 p.m.), (Garofalo arrived at 5:14 p.m.) Absent: None PUBLIC COMMENTS REGARDING STUDY SESSION & 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) NON -AVIATION ALTERNATIVE REUSE PLAN FOR EL TORO (THE MILLENNIUM PLAN) (640.30) City Administrator Silver introduced Mayor Pro Tern Richard Dixon of the city of Lake Forest who presented a video by the El Toro Reuse Plan Authority (ETRPA) regarding its Non -Aviation Alternative Reuse Plan for El Toro (The Millennium Plan). 670 Page 2 - Council/Agency Minutes - 06/01/98 Mr. Dixon introduced John Bridges, Principal, Cotton Beland Associates, who made a brief slide presentation on The Millennium Plan - Making a Difference for the Next Generation prepared by the El Toro Reuse Plan Authority. Topics covered by the slides include Plan Formulation; Division; Long Term Quality of Life; Millennium Land Use Plan; Millennium Reuse Plan; Plan Districts; Education, Research and Technology Development; Education, Research and Technology Mixed Use; Village; Arts and Cultural District; Arts and Cultural Development; Village Center; Arts and Cultural Residential; Park and Open Space; Features; Recreational and Cultural Activities; Sports and Entertainment District; Sports and Entertainment Development; Public Transit; Pedestrian Network; Economic Benefits; Development Phasing Plan; and Financial Analysis. The Millennium Plan is the official non -aviation alternative for the reuse of MCAS/EI Toro and was approved by the ten -member board of directors of the El Toro Reuse Planning Authority. The Millennium Plan will be presented to the Orange County Board of Supervisors acting as the local reuse authority for MCAS/EI Toro. Mr. Bridges, Principal, Cotton Beland Associates, then presented a video on The Millennium Plan. Mr. Dixon, Mayor Pro Tern of the city of Lake Forest, spoke regarding the California Environmental Quality Act (CEQA) process; the possibility of a National Football League stadium that would be privately funded; a Smithsonian West; a convention center; and a performing arts center. In response to Councilmember Green, Mr. Dixon reported on aspects of the multi -tiered Environmental Impact Report. He stated The Millennium Plan is an alternative plan to the aviation plan. In response to Councilmember Green, Mr. Dixon stated that he did not know what the county's term fatal flaw" meant. In response to Councilmember Garofalo, Mr. Dixon spoke regarding the "public benefit" method of conveyance of the property from the federal government, The Millennium Plan, and the Aviation Plan. In response to Councilmember Garofalo's comments regarding how the City Council can support The Millennium Plan when Huntington Beach will not gain from the plan, Mr. Dixon stated that he is not urging Council support but is making The Millennium Plan presentation because a non -aviation plan has to be presented pursuant to federal government direction. Councilmember Sullivan presented questions regarding the financial aspects of The Millennium Plan versus the Aviation Plan and the cost to the public. Mr. Dixon commented on Councilmember Sullivan's comments on the opposition to the airport from the burgeoning high tech industries in that area. Mr. Dixon reported on the difference between an airport being built in an open area with businesses coming into the airport versus businesses and development already being located in an area and the airport being inserted into the area. 671 06/01/98 - Council/Agency Minutes - Page 3 The composition of the types of groups which worked on The Millennium Plan was reported on by Mr. Dixon at the request of Councilmember Julien. Councilmember Harman spoke regarding the possibility of a land swap of the Bolsa Chica as part of The Millennium Plan or the Aviation Plan, and Mr. Dixon reported that he could envision the Bolsa Chica land swap being a part of either plan. The requirement for the federal government to clean the property was discussed. Mr. Dixon informed Council that the federal government has received The Millennium Plan. He stated that the federal government has an evaluation plan which is called the EIS. Mr. Bridges, Principal, Cotton Beland Associates, stated that 85% of the land is clean (surface), and the ground water is being cleaned. Councilmember Bauer gave examples of how The Millennium Plan did not have a direct benefit to Huntington Beach. Councilmember Bauer stated that a land swap of the Bolsa Chica is a long shot in the proposed development. The Mayor and City Councilmembers extended their appreciation to Mr. Bridges, Principal, Cotton Beland Associates, and to Mr. Dixon, Mayor Pro Tem of the city of Lake Forest, for their attendance and presentation at this meeting. MOTION TO RECESS TO CLOSED SESSION A motion was made by Julien, second Green, to recess the City Council to closed session to consider the following items. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Michael Corcoran v. City of Huntington Beach, et al. - Orange County Superior Court Case No. 79 30 14 or Subject: Corcoran v. City of Huntington Beach, et al. (120.80) Closed Session - City Council pursuant to Government Code Section 54957 to consider personnel matters. Subject: Public Works Director Employment. (120.80) 672 Page 4 - Council/Agency Minutes - 06101/98 RECONVENE Mayor Dettloff reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:00 p.m. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented. Presentation to Mayor Shirley Dettloff by Sally Graham, President, and Bob Biddle of Huntington Beach Tomorrow, presentation of a check in the amount of $400 toward a Palm Tree in the Pier Plaza. (160.40) Presentation by Mayor Dettloff to John Griffin and Geoff Peterson (unable to be present), Public Works Department, for their employee suggestion to reduce signage in our park and community center parking facilities by placing larger signs at each entrance to each facility. The savings this year will be about $654,000 since all lots were due to be resigned. The maximum award of $1,500 is split between Mr. Griffin and Mr. Peterson. (160.40) Presentation by Mayor Dettloff to John Griffin, Public Works Department, for his second employee suggestion to have temporary "No Parking" signs used by various department and contractors printed at the City Print Shop on their machines, rather than the labor intensive and more expensive screen printing process used at the City Sign Shop. This will result in an annual savings of approximately $3,000 and has earned Mr. Griffin an award of $300. (160.40) Presentation by Mayor Dettloff to five Golden West College athletic teams that won California Community College State Championships this academic year 1997-98: Women's Water Polo: John Wright, Coach, Lisa Saenz, Team Player representative; Men's Water Palo: Ken Hamdorf, Coach, Peter Janov, Team Player representative; Men's Volleyball: Mike D'Alessandro, Coach (unable to be present), Casey Jennings, Tem Player representative; Women's Volleyball: Albert Gasparian, Coach, Jill Waltemeyer, Team Player representative; and Men's Swimming: Bill Jewell, Coach, Albert Sutano and Felix Sutano, Team Player representatives. (160.40) 673 06/01/98 - Council/Agency Minutes - Page 5 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: AGENDA ITEM C-1 B - TREE REMOVAL Memorandum from Daryl Smith, Acting Public Works Director, dated May 29, 1998, Subject: Tree Removal Policy AGENDA ITEM D-2 - PUBLIC HEARING - APPEAL TO PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 97-83 AND COASTAL DEVELOPMENT PERMIT NO. 97-33 Communication from Naomi Cohen, Appellant, dated June 1, 1998 submitting slides that are a part of her original letter of appeal to the Planning Commission's approval of Conditional Use Permit No. 97-83 and Coastal Development No. 97-33 - Taylor Residence, Wellington Drive, Huntington Beach and requesting that staff include said slides at the hearing or permission for her to present them The Following Communications In Support Of The Appeal Filed By Naomi Cohen To The Planning Commission Approval Of Conditional Use Permit No. 97-83 And Coastal Development No. 97-33 - Taylor Residence, Wellington Drive, Huntington Beach Communication from Claude N. Cohn, 16711 Peale Lane, Huntington Beach, dated May 29, 1998 Communication from Abby and Harvey Friedman, 16622 Somerset Lane, Huntington Beach, dated May 23, 1998 Communication from Marguerite M. Mordson, 16582 Somerset Lane, Huntington Beach, dated June 1, 1998 Communication from Robert and Mildred Helfer, 3472 Gilbert Drive, Huntington Beach, dated May 28, 1998 The Following Communications In Opposition To The Appeal Filed By Naomi Cohen To The Planning Commission Approval Of Conditional Use Permit No. 97-83 And Coastal Development No. 97-33 - Taylor Residence, Wellington Drive, Huntington Beach Communication from Philip and Jennifer Blaustein, 16652 Melville Circle, Huntington Beach, dated May 29, 1998 Communication from Rod and Cindy Skjonsby, 16642 Wellington Drive, Huntington Beach, dated June 1, 1998 674 Page 6 - Council/Agency Minutes - 06/01/98 Communication from Donald and Ellen Goodwin, 16492 Somerset Lane, Huntington Beach, dated June 1, 1998 Communication from Judith Nichols, 3492 Gilbert Drive, Huntington Beach, dated June 1, 1998 Communication from Harry and Neta Gagen, 16511 Peale Lane, Huntington Beach, dated June 1, 1998 A letter opposing the appeal had been received from Rich Taylor dated May 27, 1998 and included in the City Council packet. The Following Late Communication Was Received From The Community Development Director Slide presentation from Community Development Director Fallon dated June 1, 1998 regarding the Planning Commission's approval of Conditional Use Permit No_ 97-83, Coastal Development Permit No. 97- 33 (Taylor Residence Wall Extension, 16661 Wellington Drive) and diagrams showing the following: 1. Existing Section, 2. Allowable Section, and 3. Proposed Section Agenda Item F-1 - Mid Year Budget Report Slide presentation from Deputy City Administrator -Administrative Services Director Franz, dated June 1, 1997 regarding the mid -year budget report Slide presentation from Acting Assistant City Administrator/Fire Chief Dolder titled Information Technology Needs for the City of Huntington Beach dated October 27, 1998 relative to the mid- year budget report Communication from Bill and Mary Jane Wily dated May 28, 1998 opposing any name change of the Bolsa Chica Mesa PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN CITY AND HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION (720.20) Mayor Dettloff read the provisions of the proposed Memorandum of Understanding between the city and the Huntington Beach Police Officers' Association that had been reached by Council. She stated that the proposed memorandum had been voted on as follows: AYES: Julien, Green, Dettloff, Bauer, Garofalo NOES: Harman, Sullivan ABSENT: None CITY NEGOTIATIONS WITH FIRE ASSOCIATION (720.20) 675 06/01/98 - Council/Agency Minutes - Page 7 Mayor Dettloff read a statement titled City Negotiations With Fire Association dated June 1, 1998. The communication presented an update on the status of negotiations and informed that in view of the membership's rejection of the two-year proposal, the city and the Firefighters' Association will be conducting further meet and confer sessions. The document was provided to the City Clerk for public review. CITY OF HUNTINGTON BEACH LAWSUIT AGAINST THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (630.40) Mayor Dettloff read a statement titled City of Huntington Beach Law Suit Against the Public Employees Retirement System dated June 1, 1998. The document summarized the city's reason for pursuing the PERS litigation. Mayor Dettloff stated that questions concerning this litigation may be directed to the city's legal counsel, Peter J. Brown, of the firm of Liebert, Cassidy and Frierson. The Mayor stated that this document was submitted on a vote of Council as follows: AYES: Harman, Green, Dettloff, Bauer, Sullivan NOES: Julien, Garofalo ABSENT: None City Attorney Hutton stated that she once again would like to announce that neither she nor her deputy city attorneys represented the city on PERS litigation due to the fact that they are members of the PERS system. (CITY COUNCIL) REPORT OF ACTION TAKEN AT CLOSED SESSION REGARDING CITY OF HUNTINGTON BEACH V. MONTGOMERY WATSON, INC., ET AL - OCSC CASE NO. 76 59 40 (120.80) City Attorney Gail Hutton announced the following action taken in closed session on April 20, 1998 regarding City of Huntington Beach v. Montgomery, Incorporated, et al, the City Council, by a vote of 6-0 (Julien absent), authorized settlement of this case in the sum of $91,086.00. (CITY COUNCIL) COMMENTS BY COUNCILMEMBER HARMAN ON THE PENDING PERS (PUBLIC EMPLOYEES RETIREMENT SYSTEM) LAWSUIT (700.50) Councilmember Harman addressed Council regarding his communication on the Council Agenda setting forth his intent to make a public statement concerning his personal views and opinions on the PERS lawsuit which deal with an unfunded city liability in the approximate amount of $12,000,000. Councilmember Harman stated that he believed that it is important to explain the difference between the PERS "pickup" and the PERS "rollover". He explained each term at length. Councilmember Harman stated his position on the matter including his position that PERS should pay the cost that PERS had illegally approved. Page 8 - Council/Agency Minutes - 06/01198 City Clerk Brockway announced that copies of the statements made by Mayor Dettloff earlier in the meeting relative to the PERS lawsuit and city negotiations with the Fire Association will be available at her desk or in her office the following morning. PUBLIC COMMENTS BECKY HARVILL, teacher, Huntington Beach High School, introduced the following students who addressed Council regarding their efforts to raise funds to obtain the art work "The Rime of the Ancient Mariner' from Seacliff Shopping Center mural: PIPER TAYLOR, RYANN CROFOOT, ERIK CABRERA, CHRISTOPHER BINAI, JESSICA HUNSAKER, JENNIFER STANFORD, CHANDA GUNN, and RYAN ADAMS. The students expressed their opinion to the City Councilmembers and audience that the mural - "The Rime of the Ancient Mariner"- would be useful, protected, and safe and would be in an educational environment at the Huntington Beach High School. The students expressed hope that their fund-raising efforts and goal will succeed. CONNIE BOARDMAN spoke in support of Councilmember Sullivan's item on the agenda requesting that Council approve the official position that the name of the Bolsa Chica Mesa will remain Bolsa Chica Mesa. Ms. Boardman spoke in opposition to the accidental removal of trees in Huntington Central Park caused by the forthcoming equestrian event. She spoke regarding the damage to the nests that were possibly in these trees this time of year. Ms. Boardman spoke in opposition to a private citizen giving direction to a city staff member to tear down a 30-year-old healthy tree for a VIP tent for the event. She urged Council to take action so this does not occur again. ROBERT CRONK expressed his appreciation for the Community Development Director's efforts to correct the problem on the Crest View Environmental Impact Report and appreciation for her meeting with the neighbors. BOB BIDDLE, representing Huntington Beach Tomorrow, spoke regarding the Meadowlark Development Plan which will appear before the Planning Commission in the near future. Mr. Biddle stated that a planned five -acre park was now reduced and arrangements for an lieu fee for parks had been made. He stated that he believes Council needs to raise the in -lieu fees as probably the developer will get $5,000,000 in home sales in exchange for $180,000 in in -lieu fees. Mr. Biddle requested Council's attention to the matter of in -lieu fees as well as guidance to the Planning Commission in this regard. DAVE FLYNN thanked the City Attorney, Fire Department, and Code Enforcement Division of the Community Development Department for their efforts relative to solving the code problems on Morse Circle. He spoke in support of the proposed agenda item relative to Ordinance No. 3397 - Administrative Citation Enforcement_ Mr. Flynn thanked the Council for their efforts to stop development of the Bolsa Chica area. JIM WALKER, representing Neighborhood Networks, commended the Council and staff for being a leader in the development of proposed Administrative Citation Enforcement Ordinance No. 3397 appearing on the agenda. Mr. Walker stated that this ordinance can be an example for other cities to follow. 677 06/01/98 - Council/Agency Minutes - Page 9 GERALD CHAPMAN spoke regarding the Meadowlark Development and the payment of in -lieu park fees as the land will not be dedicated. Mr. Chapman stated that the city's in -lieu fee has not been updated since the 1980's, and if Council believes the fee schedule should be updated, he would recommend it be done immediately. DEAN ALBRIGHT addressed Council regarding the history of the soil remediation on the Mola Project several years ago and in reference to the present grading of the Shea Company property at the southerly terminus of Graham Street north of the Orange County Flood District Channel_ Mr. Albright informed Council that it was his opinion it was not disking that occurred on the Shea Company property but was grading as evidenced by the red markers. Mr. Albright presented photographs demonstrating his opinion. TOM LOGAN urged all voters to vote on June 2, 1998. Mr. Logan thanked Councilmember Sullivan for placing the item on the agenda relative to the City Council adopting the official position regarding the name of the Bolsa Chica Mesa remaining as such. He spoke regarding the importance of retaining this name. Mr. Logan thanked Councilmember Sullivan for his past, present, and future efforts to preserve the Bolsa Chica. JEFF LOPEZ, Huntington Beach Firefighters' Association, read a letter he had written to Council regarding the reasons he began employment with the city. He stated that as an Orange County firefighter he could have retired at 25% more compensation than at Huntington Beach. He stated that the Huntington Beach paramedics are the lowest paid in the county. Mr. Lopez spoke in opposition to the benefit taken away that was promised when he was first employed. He stated that he believed this benefit should be replaced by something of equal value. ANDY ZEPEDA, Huntington Beach Firefighters' Association, stated that employment negotiations are a very important issue. He stated that he came from employment at the city of Fullerton and presented reasons why he had left that city. He thanked Fire Chief Dolder for hiring him; however, he stated that his expectations had not been met in Huntington Beach. Mr. Zepeda stated that he will always do his job to the fullest. He requested that the Councilmembers visit the fire stations to see the work performed. Mr. Zepeda stated that he believes recovery of mistakes can be made by Council, and the fire department employees can work with Council as a team. He requested that the firefighters be given a wage of which they can be proud. TOM WILSON, Huntington Beach Firefighters' Association, stated that the city benefits from experienced firefighters. He read a letter of appreciation from a mother relative to the accident in which four teenagers were assisted by the delicate work done by the paramedics as a result of a head-on crash on Pacific Coast Highway caused by a suicide -type driver. He stated that Council can show its appreciation by adjusting the budget to make it meet the priority of safety first in this city. JOHN LEGG, Huntington Beach Firefighters' Association, spoke regarding the efforts of people in the community who have made the city a fine place to live, citing Councilmember Bauer as an example, by being part of the formation of the Central Library. He then cited the contributions made by safety employees who came to the city because of the city's ability at that time to recruit the top candidates. 678 Page 90 - Council/Agency Minutes - 0610//98 RONALD THOMPSON, Huntington Beach Firefighters' Association, described his past five and a half years as a firefighter, stating that due to several retirements in the fire department there has been a great deal of overtime required of employees. He stated this overtime resulted in the detrimental comment that the firefighters are members of the 1100,000 Salary Club". He spoke regarding retirement benefits taken away and the offer to them now which he believes is insufficient. CYNDY CALDWELL-SCOTTI informed Council that she had been a resident of this city many years ago, had moved, and was now considering moving back with her husband and children. She stated she has read that police and fire employees are the lowest paid in the county. She stated that this means these employees are not valued. Mrs. Caldwell-Scotti informed Council that when she had worked with the Chamber of Commerce in this city that the City Council members at that time valued the work of the safety employees. PHIL DIMENTO stated that he has a feeling the Council does not value their firefighters. He cited a few of the attributes of the firefighters including outstanding work ethic, pride, professionalism, and a sincere desire to serve the citizens of Huntington Beach. He stated when firefighters respond to calls, they save lives and protect property and work diligently to ensure a positive outcome on all calls; that this is due to their outstanding work ethic, and they are proud of the level of service they provide day and night. Mr. Dimento stated that the firefighters face many hazards, and their salary compensation should be increased. CORMAC O'CONNELL, Huntington Beach Firefighters' Association, stated the reasons he had come to work for the city including the level of professionalism of the fire department. He stated that he is offended with the comparison of firefighters to Radio Shack employees. He spoke regarding the type of services performed by firefighters and spoke regarding their risk of contracting infectious diseases. BOB DUTTON, Huntington Beach Firefighters' Association and member of the Southeast Huntington Beach Property Owners' Association, addressed Council regarding the letter sent by the city in the city's water bill which outlined the amount of the budget devoted to public safety. He cited the surrounding cities which dedicate greater amounts of their budget to public safety. Mr. Dutton spoke regarding the employees who have been lost to the cities of Fullerton, Laguna Beach, and Rancho Cucamunga. He informed Council that it costs the city about $60,000 to replace a paramedic. Mr. Dutton stated that the city has not been able to attract the quality of employees or employees with experience as it once did. CHRIS GRUBER, Huntington Beach Firefighters' Association, informed Council of the employees in the city who earn higher hourly rates than do firefighters and do not have more education than firefighters and do not face risk. He stated that these employees deserve their salaries; however, he makes the comparison in order to demonstrate the completely different nature of the firefighters' work yet the lower salary compensation for the firefighters. He stated these employees do not require HIV testing for a year as a result of their work or wear protective gear that can melt in a fire. Mr. Gruber informed Council that last May 9 was National Fire Services Day and was not recognized on the City Council agenda as was Municipal Clerks' Week or Veterans' Day. 679 06/01/98 - Council/Agency Minutes - Page 11 TOM GILBERTSEN, Huntington Beach Firefighters' Association, spoke regarding the fact that firefighters are the fire department, that the fire department has been here since 1909 and will continue to be here. He stated that firefighters are loyal to the citizens and city and refuse to let current circumstances change this fact. FRANK MEAD stated that he had come from employment at another city's fire department that had faced a situation similar to the situation in Huntington Beach. He spoke regarding the events that had transpired in that city which were detrimental to that city. He spoke regarding the fact that there are 18 firefighters currently testing for employment in other city fire departments. RAY CASILLAS stated that the city is becoming a "stepping stone" fire department where employees begin employment and go on to some other city fire department. He stated that some years ago experienced firefighters from other cities applied to the City of Huntington Beach, but no longer. Mr. Casillas requested that Council let the firefighters know that Council cares. TIM GREAVES stated that when he began with the city fire department the city had the most well -respected fire department in the nation. He stated that he has the faith that collectively this problem will be resolved. Mr. Greaves stated that to clarify the math issue which arose at the last Council meeting, over a three-year period if 10% increase is given toward the end of that period it is 10% after that - up until then it is not 10%. Mr. Greaves stated that the city has the right to sue PERS but questioned why the Council does not take care of its obligation to the employees, and the employees would join the Council in suing PERS, and it could be settled that way. He informed Council that the cases cited regarding PERS and other cities are similar but are not the same or the city would not be in this lawsuit. Mr. Greaves stated that the PERS "rollover" benefit is lawful. JOHN CONNER read from a letter written by retired Fire Chief Ray Picard that presented the history of the PERS "pickup". He questioned why a benefit of equal value had not been offered to the employees by the city and also why lawyers were hired in this matter. ERIC ENGBERG informed Council that he believes it is time for the leaders of this city to provide a fair wage scale and for the benefits already given to the employees be honored. BRUCE SPENCER, Huntington Beach Firefighters' Association, referring to Councilmember Harman's statement earlier in the meeting, informed Council that nowhere in the PERS lawsuit does Council ask PERS to make payment. He stated that many cities provide this benefit but only the City of Huntington Beach does not want to pay the benefit. He stated that PERS did not lead the city astray, that money has come back from PERS which was not used to pay for this benefit. FRANCISCO FONSCIA, owner of Francisco's Restaurant, stated that he treats his employees as the backbone of his business and requested that the city also do so. He stated that others in the community feel the same way he does. Mr. Fonscia stated that he wants a professional firefighter responding to his emergency needs, not a firefighter just out of training. He questioned whether he would have his daughter now if an inexperienced firefighter had responded during her time of need. Mr. Fonscia requested that the City Council settle the firefighters' negotiations. 680 Page 12 - Council/Agency Minutes - 06/01/98 JAMES LACY, Fire Captain, spoke regarding the symbol which his fire helmet represents including loyalty to residents as well as the fact that it had saved a firefighter years ago when a firefighter had been severely injured in the downtown area. Mr. Lacy spoke regarding his own disability retirement and the fact that firefighters do not live very long after they retire. He spoke regarding the PERS issue stating that he believes Council does not want to pay for it. He requested a fair salary for the firefighters. GEORGE SHINROCK informed Council that as a firefighter his salary does not qualify him to buy a home in one of the new developments in Huntington Beach. He spoke regarding the other firefighters who cannot afford to live in the city and live elsewhere. Mr. Shinrock stated the reasons why he believes there is questionable Council leadership. JOHN FITZGERALD stated that he is a firefighter in another city. He informed Council that fire fighting is a profession that only a few people can do well. He cited some of the skills in which a firefighter must become proficient structure - fire fighting tactics and strategy, high rise fire tactics and strategies, and fire extraction and rescue procedures including hazardous materials response. Mr. Fitzgerald stated that more firefighters are killed on an annual basis than in any other profession. He stated that Huntington Beach does not currently have the reputation as the best city for which to work. He informed Council that he believes Huntington Beach will become a "stepping stone" fire department. EILENE MURPHY urged Council to vote for Councilmember Sullivan's agenda item recommending that the City Council adopt the official position that the name of the Bolsa Chica Mesa is the Bolsa Chica Mesa and not the Warner Mesa. She informed Council that she has given each Councilmember a copy of a map from 1873 where it shows the Bolsa Chica Mesa and the entire Bolsa Chica area and it is called Bolsa Chica. Ms. Murphy wished Councilmember Sullivan good luck in tomorrow's election and stated that he has been a wonderful Councilmember for the last six years and thanked him for his effort in spearheading the Sunday library opening. (CITY COUNCIL) ANNOUNCEMENT BY MAYOR DETTLOFF REGARDING PIER PLAZA (120.25) Mayor Dettloff thanked Councilmembers Julien and Garofalo and the 20 cultural groups who have worked on the Pier Plaza Grand Opening. Mayor Dettloff announced some of the celebration events planned. APPRECIATION EXTENDED TO BOB KAKUK FOR MEMORIAL DAY SERVICES' PLANNING (120.70) Councilmember Garofalo thanked Bob Kakuk, representative of the Vietnam Veterans of Orange County, for his fine planning of the recent Memorial Day services held at the Veterans' Memorial at City Hall. 681 06/01/98 - Council/Agency Minutes - Page 13 CITY COUNCIL) STATUS OF ORANGE COUNTY WATER DISTRICT ANNEXATION POLICY AND NEED FOR CITY COUNCIL AD HOC COMMITTEE - COUNCIL AD HOC COMMITTEE APPOINTED - COUNCILMEMBERS BAUER AND HARMAN (120.25) The City Council considered a communication dated June 1, 1998 from the City Administrator reporting on discussions with the Orange County Water District regarding proposed changes to its annexation policy and recommending an ad hoc committee of the City Council be formed. City Administrator Silver presented a report and requested the Mayor appoint two Councilmembers to work with staff regarding the Orange County Water District Annexation Policy. Mayor Dettloff appointed Councilmembers Bauer and Harman to serve on the ad hoc committee on the status of the Orange County Water District Annexation Policy. (CITY COUNCIL/REDEVELOPMENT AGENCY) CITY ADMINISTRATOR'S REPORT ON REMOVAL OF TREES FOR GTE CLASSIC AT EQUESTRIAN CENTER - CITY COUNCIL COMMITTEE APPOINTED TO REVIEW TREE REMOVAL POLICY (100,10) The City Council considered a communication Daryl Smith, Acting Public Works Director, dated May 29, 1998 regarding Tree Removal Policy. City Administrator Silver reported on the issues that arose under Public Comments and referred to Acting Public Works Director Smith's report dated May 29, 1998, Acting Public Works Director Smith reported on Councilmember Sullivan's questions regarding the type of trees that will replace those removed. He stated that the replacement trees would be paid for by the GTE Classic. Councilmember Bauer stated the reasons why he believed a City Council committee should be formed to review the policy on tree removal. Mayor Dettloff appointed Councilmembers Garofalo, Bauer, and Harman to review the Council policy on tree removal. Councilmember Garofalo spoke regarding the matter and what he believes is the need to hold the public and private sectors accountable. City Administrator Silver stated that the GTE Classic is to reimburse the city for the amount of the cost of the event and that he would come back with a memorandum in writing. (CITY COUNCIL) PUBLIC HEARING - ADOPTED RESOLUTION NO. 98-38 - TO AMEND CITY FEE SCHEDULE BY AMENDING COMMUNITY SERVICES DEPARTMENT FEES (340.20) Mayor Dettloff announced that this was the meeting set for a public hearing to consider the following: 682 Page 14 - Council/Agency Minutes - 06/01/98 Public hearing for the purpose of amending the city fee resolution by amending the Community Services Department fees as follows: Increasing the hourly fee for public use of the Council Chambers; increasing the participation fee for the junior lifeguard program; increasing the fee for the aquatics program; adding fees for special use permits; and expanding and increasing fees for specific events. The estimated amount of yearly revenue to be raised by the proposed amendments is $15,000. These fees will be used to offset increased staffing and maintenance costs. Legal notice was provided by the Community Services Department. Mayor Dettloff declared the public hearing open. 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 Mayor Dettloff. A motion was made by Garofalo, second Julien, to adopt Resolution No. 98-38 amending the city fee schedule by amending fees for the Community Services Department - `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, Facilities and Activities Offered Under the Community Services Department (Supplemental Fee Resolution No. 66 )." The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) PUBLIC HEARING - APPEAL FILED BY NAOMI COHEN TO THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 97-83 AND COASTAL DEVELOPMENT PERMIT NO. 97-33 - TAYLOR RESIDENCE - 16661 WELLINGTON DRIVE, EIPEALE LANE, NIGILBERT DRIVE - HUNTINGTON HARBOUR - APPEAL DENIED (420.40) The City Council considered a communication from the Community Development Director. A communication dated May 27, 1998 from applicant Rich Taylor opposing the appeal was included in the City Council packet. Mayor Dettloff announced that this was the meeting set for a public hearing to consider the following: Applicant: Darrach Taylor Appellant: Naomi Cohen, et al. (Huntington Harbour Residents) � 06/01/98 - Council/Agency Minutes - Page 15 Request: An appeal of the Zoning Administrator's approval for construction of an eight (8) foot high retaining/block wall with a three (3) foot wrought iron fence and 18 inch light fixtures above the wall for a combined height of 12 feet, six (6) inches, in -lieu of maximum six (6) foot high wall within the rear yard setback area. The new wall will be 40 feet in length and will extend ten (10) feet into the rear yard slope and will accommodate a 400 square foot expansion of an existing at -grade pool deck. A new at -grade staircase will be located on the south side of the rear yard and two (2) combination retaining/wrought iron wing walls (returns) will be located on the north and south portion of the new wall. Seventeen (17) linear feet of the existing combination block/wrought iron wall will remain at the top of the slope (north side). Location: 16661 Wellington Drive (east of Peale Lane and north of Gilbert Drive). Coastal Status: In the appealable jurisdiction of the Coastal Zone. Environmental Status: The above item is categorically exempt from provisions of the California Environmental Quality Act. It is located in the appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 97-33, filed on December 8, 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, or unless Title 1.4, Section 13573 of the California Administrative Code is applicable. Legal notice as provided by the Community Development Department to the City Clerk's Office had been mailed, published and posted. Scott Hess, Senior Planner, using slides presented a staff report. He informed Council that later in the meeting he would report on the diagrams affixed to the Council Chamber wall. He presented slides that the applicant had submitted. Senior Planner Hess stated that the appellant had submitted a letter requesting postponement of the public hearing. He presented reasons why this hearing had not been postponed. Senior Planner Hess stated he had received several phone calls and letters in favor of the project. Late Communications Announced By The City Clerk Pursuant to the Brown Act, City Clerk Brockway announced the following late communications regarding Agenda Items which had been received: Communication from Naomi Cohen, Appellant, dated June 1, 1998 submitting slides that are a part of her original letter of appeal to the Planning Commission's approval of Conditional Use Permit No. 97-83 and Coastal Development No. 97-33 - Taylor Residence, Wellington Drive, Huntington Beach and requesting that staff include said slides at the hearing or that she be granted permission to present them 684 Page 16 - Council/Agency Minutes - 06101/98 The Following Communications In Support Of The Appeal Filed By Naomi Cohen To The Planning Commission Approval Of Conditional Use Permit No. 97-83 And Coastal Development No. 97-33 - Taylor Residence, Wellington Drive, Huntington Beach Communication from Claude N. Cohn, 16711 Peale Lane, Huntington Beach, dated May 29, 1998 Communication from Abby and Harvey Friedman, 16622 Somerset Lane, Huntington Beach, dated May 23, 1998 Communication from Marguerite M. Morrison, 16582 Somerset Lane, Huntington Beach, dated June 1, 1998 Communication from Robert and Mildred Helfer, 3472 Gilbert Drive, Huntington Beach, dated May 28, 1998 The Following Communications In Opposition To The Appeal Filed By Naomi Cohen To The Planning Commission Approval Of Conditional Use Permit No. 97-83 And Coastal Development No. 97-33 - Taylor Residence, Wellington Drive, Huntington Beach Communication from Philip and Jennifer Blaustein, 16652 Melville Circle, Huntington Beach, dated May 29, 1998 Communication from Rod and Cindy Skjonsby, 16642 Wellington Drive, Huntington Beach, dated June 1, 1998 Communication from Donald and Ellen Goodwin 16492 Somerset Lane, Huntington Beach, dated June 1, 1998 Communication from Judith Nichols, 3492 Gilbert Drive, Huntington Beach, dated June 1, 1998 Communication from Harry and Neta Gagen, 16511 Peale Lane, Huntington Beach, dated June 1, 1998 A letter opposing the appeal had been received from Rich Taylor, applicant, dated May 27, 1998 and included in the City Council packet. The Following Late Communication Received From The Community Development Director Slide presentation from Community Development Director Fallon dated Jane 1, 1998 regarding the Planning Commission's approval of Conditional Use Permit No. 97-83, Coastal Development Permit No. 97- 33 (Taylor Residence Wall Extension, 16661 Wellington Drive) and diagrams showing the following: 1. Existing Section, 2. Allowable Section, and 3. Proposed Section Mayor Dettloff declared the public hearing open. 685 06/01/98 - Council/Agency Minutes - Page 17 RICK TAYLOR applicant stated that he is chagrined that Council, with the multitude of important city issues before them, had to listen to this piddeliF;g piddling 400 square foot pool deck extension which has already been approved by the Huntington Harbour Property Owners Association, recommended three times by the Community Development Department and approved by the Zoning Administrator and Planning Commission. He presented reasons for his request that his application be approved, including to provide a little additional space in a very small patio, to increase the late afternoon sun which is cut off by the roof quite early and most importantly for increased safety of the pool for grandchildren and their little friends. He presented reasons why he believed the appeal was not warranted. Mr. Taylor stated that some signers of the petition, that is a part of the letter of appeal, had removed their names as shown on the chart on the Council wall. He referred to a letter on file in the city from a realtor stating that there will be virtually no loss of value to Mrs. Cohen's property. IRENE COOPER stated she is a resident of Gilbert Drive, her home is diagonally across the street from the project. Ms. Cooper described how she believes the proposed project will break the flow of the landscaped hillside. She stated that if this project is approved that she believes it will be only right to let everyone else on the top of that slope to put in what they want te-do, go into the slope, forget the setbacks setbacks and wail rules which would create the look of an alley wary alleyway on Gilbert Drive and would lower the property values of all of those on the right hand side of Gilbert Drive. She stated that at no time did the association ever poll or contact the residents on Gilbert Drive nor was she aware that the Association works with people to ignore set -basks setbacks and codes. PAUL MITCHELL stated he is a neighbor of the applicant and that his property abuts their property on the west side. He stated that in his opinion the latest design enhances the appearance of all the property around there because it is a much better appearance than dirt and ground cover. He stated that while his house is not going to be affected directly by Mr. Taylor's proposal he still feels it will be an enhancement of the property values, not only of the applicant, but the rest of the property in the area. JERRY URNER, representing the Huntington Harbour Property Owners Association spoke regarding procedures which led to the approval by their Architectural Review Committee on November 24, 1997. He stated that the proposed project involves a retaining wall that because it is to be built on the slope at the rear of the property will exceed six feet in height and therefore require both a deviation from the CC & R requirements and a city Conditional Use Permit. He spoke regarding the normal procedure that is used to notify property owners which had not been done on the application due to his surgery. He stated that this notification is not legally required. Mr. Urner stated that he believed 30 years ago there was a construction error in the building of Mrs. Cohen's home. He stated that to his knowledge neither the Association nor the city has a master plan for those wishing to build on the slope which rings the center of the island, or in other Huntington Harbour areas where a slope exists at the rear of the properties. He stated that the Association is currently working with city staff to correct this deficiency; it is too late for this case. i Page 18 - Council/Agency Minutes - 06101/98 ROBERT MANIACHI stated that he will soon be residing at 16642 Somerset Land Lane on Gilbert Island. He stated that he wished to clarify for the applicant, Mr. Taylor, who stated he is a cohort of Mrs. Cohen that he has just met her for the first time at this hearing. Mr. Maniachi stated that Gilbert Island has one weakness, the lack of trees and shrubbery and that he opposed the application because of the loss of more of the shrubbery and the landscaped hillside. He requested that the hillside not be sacrificed. Mr. Maniachi spoke regarding what he believes will be the effects on Mrs. Cohen's home including the way her home is located and her bedroom window will be right next to where the desk and the pool deck is causing a hardship. He stated his concern with the maintenance relative to the palm tree going over the sidewalk causing a person to walk in the street. In this regard he questioned if this project is approved is there some kind of a performance bond that the applicant would be required to provide so that the landscape is maintained in a better manner than it is now. DALE WOOD stated he is a real estate appraiser and a real estate consultant. He presented reasons why the property will be devalued including taking away an existing corridor. He spoke regarding why he believes the staircase is a primary issue; that the property owners would not only increase his deck area but enhance the value of his property by bringing additional parking onto his property. He stated that in future home ownership this could increase traffic in that area. He stated that he believed it is not a fair issue for the applicant to enhance his property at the cost of another property owner as the tract was laid out the way it is now. Mr. Wood spoke regarding why he believes the two examples of other properties referred to by the applicant are not relevant to this proposal, and that they also could be a potential detriment to their surrounding area. FRED CAPPER stated that his home and Mrs. Cohen's home were the only homes that face out on Gilbert Island; all the rest of the homes in the center part of the island have their bask YaFds backyards facing the greenbelt as their backyards. He gave reason why he had signed a petition against this application including that other homes that have already been approved to extend their bark yap backyards into these areas were poorly done and that the applicant's property had not been taken care of causing it to be unsightly for the those surrounding the lower level. Mr. Capper, referring to a previous speaker's question regarding bonding for sidewalk maintenance, stated that six years ago he had contacted the city because the residents have the iceplant growing across the sidewalk into the street causing his four year old to have to go out into the street, and was told by the city to contact the Huntington Harbour Property Owners Association. He stated that he thinks this overgrowth still occurs in areas on the island. He stated that his wife is a real estate agent on the island and they both believe the project will increase property values. JERRY L.INDSEY, resident of 3502 Gilbert Drive, spoke regarding why he believes the applicant's request should be approved including that this project will not cause destruction of the greenbelt as it was destroyed in 1967; that the wall is compatible with the rest of the neighborhood; it is slightly closer to the street and slightly higher. KATHERINE BARON, spoke in support of the appeal. She stated that she had never received notice; that she believes everyone's property will be devalued and also opposed it due to noise problems 687 06/01/98 - Council/Agency Minutes - Page 19 MILDRED HELFER informed Council she was speaking in favor of the appeal. Mrs. Heifer questioned why the city wants to take on the liability for redesigning the area known as Bear Hill on Gilbert Island and to breach its only city codes. She stated that there seems to be no mention of the fact that in addition to the wall there will be two retaining walls built. She stated that she does not consider this wall to be the usual description of a retaining wall; that a very large sandbox is being built. She stated that this project will add 400 square feet to his property which she does not believe is a petty addition. Mrs. Helfer spoke regarding the neighborhood misconception that the property owners on the brow of the hill are required to maintain the slopes for the benefit of the other property owners. She stated these slopes are maintained for the purpose of preventing erosion and protecting their homes. BOB HELFER spoke in support of the appeal. He questioned the necessity of a Conditional Use Permit when there is a city ordinance allowing a 6 foot retaining wall, that this wall will be 12 112 feet in height. Mr. Helfer stated that he has been on the Huntington Harbour Property Owners Association Board and that it is absolutely not true that the property owners gave permission, that they did know about this. He spoke regarding the Huntington Harbour Property Owners Association Board's main concernswaa--to at least keep the CC & R's and not to give variances and Conditional Use Permits. He stated this is opening up the whole street to walls; that he thinks this should have been a variance not a Conditional Use Permit; that city codes must be depended upon; that plants should not be taken away as they prevent air pollution. He stated it was not the Huntington Harbour Property Owners Association per se that approved it, it was the Architectural Review Board Committee. DORA KAIKAINAHAOLE stated she lives one house away from the applicant. She stated that she believes the project is compatible to with the neighborhood. She stated that the applicant has been very concerned about the landscaping appearance and most interested in the safety of and the looks of their neighborhood. She stated that she came from Hawaii and the landscaping appeals to her. She stated that the applicant is concerned with safety and has always hired someone to trim the palm tree which is something which not everyone does. VIOLETA SERRA, 16651 Peal Lane, spoke in support of the application. She stated she resides in a waterfront home that looks across to a hillside that is similar to the one in question. She stated that she believes it is a good improvement for the Taylors and the rest of the island island as it sets a future standard for the reasonable use of the privately owned hillside. HELEN SHEPARD stated she lives next door to the applicant and spoke in support of the application. she She cited a past instance where the Planning Commission had told her that her neighbors down the hill had the right to improve their property with a second story to their home. She stated she did not like the ruling but agreed they had the right to do it. Ms. Shepherd stated that as far as she can see, this project will be very eye appealing and unobtrusive to their neighbors. She stated that the comment that the view of the greenery on the hillside will be stopped by this project is in error as it is stopped by the wall and house of the Cohen residence. MICHAEL LIFF, 16671 Melville Circle, spoke in support of the project as he recognizes an obvious intent to provide first class architectural design and appropriate engineering and that it will be an asset not a liability to the community. He stated that he believes the applicant is appropriately exercising tl& his rights to develop his property as he sees fit within the context of the neighborhood and the CC & R's. 688 Page 20 - Council/Agency Minutes - 06/01/98 Additional Communication From Appellant Announced City Clerk Brockway stated that when she had announced the communication at the beginning of this hearing she had neglected to announce the communication from Naomi Cohen dated June 1, 1998 wherein Mrs. Cohen had submitted slides that were part of her original appeal letter and she had requested that the slide presentation be made by her or the staff. City Clerk Brockway stated that the city staff has these slides. NAOMI COHEN, appellant, expressed her objections to what she believes are the gross representations made by Mr. Capper and Mr. Taylor regarding their statements that there are two houses on Gilbert Island that face the back walls of the other houses; she stated the walls of those houses are not contiguous with the back walls of the houses on the hill; their sides are contiguous. She stated that her house is unique, one of a kind, there is no house like it and she is being sacrificed. Ms. Cohen responded to other statements made stating that she could not have made an entrance through Gilbert Island as it is a land locked piece of land. She spoke regarding the petition signed by 23 neighbors opposing the project. She described the many ways the proposed project will detrimentally affect her home including loss of an unobstructed view of neatly landscaped lawns, flowers at driveways, there is a 12 112 foot wall that protrudes within 7 feet of the curb, and noise from interior. She spoke regarding the proposed devaluation of her property stating that an appraiser had stated her property would be converted immediately to a non- conforming use and estimated a reduction in value of 5 to 10%, and more if the neighbors to the west should do the same. She stated that there is one fact that cannot be argued in clear conscience and that is that a house without the proposed project, which conforms to the rest of the houses on the street and with an unobstructed view to the left and right, is worth infinitely more, that the amount it may be devalued is not known, but that it will be devalued—,. Mrs. Cohen stated that most of those in support live on the hill and it is to their advantage to support the project. She addressed Council regarding notification problems. Ms. Cohen stated her disagreement with staff that the project integrates with the existing neighborhood and does not impact the neighbors adversely, as the neighbors residing along Gilbert and Somerset have expressed their opinions otherwise in letters and by signing a petition. 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 Mayor Dettloff. In response to Councilmember Sullivan, Mrs. Cohen stated that she was not the original owner of the land. She stated that it was a landlocked piece of land and she supposes that is why the city approved the plan for her residence rather than dividing the lot. Councilmember Bauer stated that he had a number of observations including that the people on Wellington, Mariana, and Melville would generally be supportive of the project as they would be able to do similarly, that there are inconsistencescies in planning in the area each time there are new Planning Commissions, Councils and staff. Senior Planner Hess responded to Councilmember Bauer's questions regarding the need to develop standards, so that everyone is treated the same; that building to the sidewalk requires a Conditional Use Permit. Councilmember Bauer stated that he would like to see this hearing postponed for reasons of determining consistency and because of flaw in neighborhood notification. Councilmember Garofalo presented questions to staff regarding trimming of the palm tree. 689 06/01/98 - CouncillAgency Minutes - Page 21 Senior Planner Hess responded to the question of overgrowth on the sidewalks, stating that the homeowner is to maintain the growth and if they do not the city will do so and charge for it. A motion was made by Garofalo, second Green, to uphold the Planning Commission's action, deny the appeal, and approve Conditional Use Permit No. 97-83 and Coastal Development Permit No. 97-33 with Findings and Conditions of Approval as set forth in Attachment No. 1 to the Request for Council Action dated June 1, 1998. Councilmember Sullivan stated the reasons why he did not believe the project should be approved; the unusual circumstance of Mrs. Cohen's house fronting on the street, that it is too much of an impact on the Cohen residence and the extra staircase egress is unacceptable. Senior Planner Hess responded to Mayor Dettloff questions regarding the matter including Mrs. Cohen's comments regarding the Master Plan and the applicant's current staircase. He reported on the exhibit on the Council's wall showing how the applicant's wail could be built without a Conditional Use Permit. The motion made by Garofalo, second Green carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Garofalo NOES: Bauer, Sullivan ABSENT: None MOTION TO ADJOURN AT 11:00 P.M. Following a motion made by Julien, second Garofalo, the City Council approved adjourning this meeting at 11:00 p.m. and deferring any items not acted upon other than those issues determined by the City Administrator to be necessary. The motion carried by the following roll call vote: AYES: Julien, Green, Bauer, Garofalo NOES: Dettloff, Harman, Sullivan ABSENT: None CONSENT CALENDAR - ITEMS APPROVED On motion by Garofalo, second Green, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCILIREDEVELOPMENT AGENCY) MINUTES - APPROVED AND ADOPTED - Approved and adopted the minutes of the City Council/Redevelopment Agency adjourned regular meeting of April 27, 1998 and regular meeting of May 4, 1998 as written and on file in the Office of the City Clerk. 690 Page 22 - Council/Agency Minutes - 06/01/98 (CITY COUNCIL) APPROVED HOLLY-SEACLIFF PROJECT MANAGER REIMBURSEMENT AGREEMENT WITH PLC LAND COMPANY FOR PROFESSIONAL PLANNING SERVICES (600.10) - Approved the Holly-Seaciiff Project Manager Reimbursement Agreement, as prepared by the City Attorney, between the City and PLC for the term of September 1, 1997 to August 31, 1999, subject to mutual agreement by the City and PLC and authorized the Mayor and City Clerk to sign. (CITY COUNCIL) APPROVED BUDGET REVISION FOR JUNIOR LIFEGUARD AND POOL AQUATIC PROGRAMS (320.45) - Approved an Amendment to the Fiscal Year 97198 budget by appropriating $40,000 for the Junior Lifeguard program, Account No. 348, and $19,522 for the Pool Aquatics program, Account No. 358. (CITY COUNCIL) APPROVED CONTRACTOR SELECTION FOR SEWER RE -LAY IMPROVEMENT PROJECT - CC-1033 - S1E OF BANNING & BUSHARD - BID AWARD TO PETER C. DAVID, INC. (600.60) -1. Accepted the bid submitted by Peter C. David Company, Incorporated.; 2. Authorized the Mayor and City Clerk to execute the contract for the Sewer Re -lay Improvement Project for a total bid amount of $295,876; and 3. Authorized the Public Works Director to expend $360,257 to cover contract cost of $295,876, estimated construction change orders of $44,381 and anticipated supplemental expenses of $20,000. (CITY COUNCIL) APPROVED CORRECTIONS TO GENERAL PLAN FIGURES CE-3 (POTENTIAL FOR 2010 CIRCULATION PLAN OF ARTERIAL HIGHWAYS) AND ERC-1 (GEOGRAPHIC RESOURCES) (440.50) - Approved corrections to General Plan Figures CE-3 and ERC-1 corrections to the street classifications and the depiction of symbols for geographic resources respectively. (The proposed corrections are administrative in nature and do not result in substantive changes to the General Plan or its conclusions, goals, objectives and policies. The Planning Commission approved the corrections on May 12, 1998 and recommends approval by the City Council.) (CITY COUNCIL) DEFERRED FROM MAY 18, 1998 - APPROVED AMENDMENT TO THE CONTRACT WITH PLANNING CONSULTANTS RESEARCH, INC. AND AMENDMENT TO THE REIMBURSEMENT AGREEMENT WITH ARNEL RETAIL GROUP FOR PREPARATION OF THE CREST VIEW SITE ENVIRONMENTAL IMPACT REPORT - S/S TALBERT AVENUE, EIO BEACH BOULEVARD (600.10) - 1. Approved Amendment No. 9 to Agreement between the City of Huntington Beach and Planning Consultants Research, Incorporated for Preparation of Two Separate Environmental Impact Reports For The Crest View School Site And The Rancho View School Site for additional services in the amount of $25,455.00 to prepare the Crest View School Site Environmental Impact Report for a total contract fee not to exceed $131,876.25, Attachment No. 2 to the Request for Council Action dated June 1, 1998. Communication from the Community Development Director dated May 25, 1998 titled Draft EIR for Crest View School Site/RCA for PCR Contract Amendment and Amel Reimbursement Amendment - includes a report on error discovered in the Draft EIR 691 06/01/98 - Council/Agency Minutes - Page 23 Communication from the Community Development Director dated May 29, 1998 transmitting a letter from PCR, consultant, regarding the site plan error in the Draft Environmental Impact Report (CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 14660 OF TENTATIVE TRACT MAP NO. 14660 WITH BONDS AND AGREEMENTS (BELMONT) PLC LAND COMPANY - S/E CORNER OF ELLIS & GOTHARD (HOLLY-SEACLIFF SPECIFIC PLAN AREA) (420.60) - 1. Approved Final Tract Map No. 14660 and accepted the offer of dedication, improvements, and bonds pursuant to findings and requirements (Attachment No. 1 to the Request for Council Action dated June 1, 1998); and 2. Approved Subdivision Agreement between the City and PLC Land Company and authorized execution by the Mayor and City Clerk. (Faithful Performance Bond, Labor & Material Bond No. 3SM91366900, Monument Bond No. 3SM91367000 - American Motorist Insurance Company) - (CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 15531 OF TENTATIVE TRACT MAP NO. 15531 WITH BONDS AND AGREEMENTS (CAPE ANN) JOHN LAING HOMES — S/E CORNER OF PROMENADE PARKWAY AND SEAGATE DRIVE (HOLLY-SEACLIFF SPECIFIC PLAN AREA) (420.60) -1. Approved Final Tract Map No. 15531 and accepted the offer of dedication, improvements, and bonds pursuant to findings and requirements (Attachment No. 1 to the Request for Council Action dated June 1, 1998); and 2. Approved Subdivision Agreement between the City and John Laing Homes and authorized execution by the Mayor and City Clerk. (Faithful Performance Bond, tabor & Material Bond No. 361549 and Monument Bond No. 3351550 - Seaboard Surety Company) (CITY COUNCIL) ACCEPTED BID FOR SYCAMORE AVENUE SEWER PROJECT — CC-1045 — BID AWARD TO SANCON ENGINEERING II, INC. —APPROVED CONTRACT (600.60) —1. Accepted the bid submitted by Sancon Engineering II, Incorporated; 2. Authorized the Mayor and City Clerk to execute the contract for the Sycamore Avenue Sewer Project, CC-1045 for a total bid amount of $38,330; and 3. Authorized the Acting Public Works Director to expend $46,163 to cover contract cost of $38,330, estimated construction change orders of $3,833 and anticipated supplemental expenses of $4,000. (CITY COUNCIL) APPROVED ACQUISITION OF PROPERTY FOR GOTHARD STREET RIGHT-OF-WAY WIDENING BETWEEN GARFIELD AVENUE & CLAY STREET - APN. 111-150-21 (ATKINSON) - ACCEPTED TWO DEEDS (COVERING ONE PROPERTY) AND APPROVED ESCROW INSTRUCTIONS (650.20) —1. Approved the acquisition of Assessor Parcel No. 111-150-21 (Atkinson); 2. Approved and authorized execution of the escrow instructions by the Deputy City Administrator, Administrative Services Director; and 3. Accepted the two easement deeds for the parcel described herein and authorized acceptance by the City Clerk with recording to follow through indicated escrow. (CITY COUNCIL) APPROVED REAPPOINTMENTS TO THE BOARD OF APPEALS - D'AMBRA - CORREIA - HARTFELDER (110.20) - Approved reappointments of Dennis D'Ambra, William Correia, and Don Hartfelder to second terms on the Board of Appeals to expire on June 30, 2001. 692 Page 24 - Council/Agency Minutes - 06/01/98 (CITY COUNCIL) APPROVED SELECTION OF THE DIRECTOR OF PUBLIC WORKS - ROBERT F. BEARDSLEY - APPROVED EMPLOYMENT AGREEMENT AND ADOPTED RESOLUTION NO.98-39 - AMENDING RESOLUTION NO. 97-88 RELATIVE TO SALARY AND BENEFITS FOR NONREPRESENTED EMPLOYEES (600.10) - 1. Approved the recommendation of the City Administrator to hire Robert F. Beardsley as the Director of Public Works; 2. Approved the Employment Agreement Between the City of Huntington Beach and Robert F. Beardsley for the position of Director of Public Works and authorized the City Administrator and City Clerk to execute same; and 3. Adopted Resolution No. 98-39 amending the Nonrepresented Employees Salaries Schedule to reflect the revised Director of Public Works salary (Range 607) - "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 97-88 and Modifying the Salary and Benefits for Nonrepresented Employees." (CITY COUNCIL) APPROVED RECORDS MANAGEMENT SYSTEM FOR THE FIRE DEPARTMENT - APPROVED EQUIPMENT REPLACEMENT FUND APPROPRIATION (320.45) - Approved and authorized an Equipment Replacement Fund appropriation of $24,150 from the McDonnell Douglas lawsuit settlement to allow the Fire Department to replace its records management system. (CITY COUNCIL) ADOPTED RESOLUTION NOS. 98-40, 98-41 AND 98-42 CALLING FOR NOVEMBER 3, 1998 GENERAL MUNICIPAL ELECTION FOR CITY OFFICERS - (FOUR CITY COUNCILMEMBERS AND CITY ATTORNEY) (620.20) - Adopted the following resolutions required to conduct the November 3, 1998 General Municipal Election: 1. Resolution No. 98-40 - Calling and Giving Notice of the General Municipal Election to be held November 3, 1998 - "A Resolution of the City Council of the City of Huntington Beach, California, Calling and Giving Notice of the Holding of a General Municipal Election to be held on Tuesday, November 3, 1998 for the Election of Certain Officers as Required by the Provisions of the City Charter",, and 2. Resolution No. 9841 - Requesting the County Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election - November 3, 1998 - "A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be held on November 3, 1998 with the Statewide General Election to be held on the Date Pursuant to Section 10403 of the Elections Code" and 3. Resolution No. 98-42 - Regulations for Candidates' Statements (200 words) - 'A Resolution of the City Council of the City of Huntington Beach, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates' Statements Submitted to the Voters at an Election to be held on Tuesday, November 3, 1998." (CITY COUNCIL) REVIEW AND APPROVAL OF MID -YEAR BUDGET REPORT AND BUDGET AMENDMENTS FOR FISCAL YEAR 1997198 - DEFERRED TO JUNE 15, 1998 (320.20) The City Council considered a communication from Deputy City Administrator -Administrative Services Director Franz requesting several amendments to the 1997198 Budget based on a mid -year review of departmental needs. 693 06/01/98 - Council/Agency Minutes - Page 25 A motion was made by Garofalo, second Julien, to defer consideration of the communication from Deputy City Administrator -Administrative Services Director Franz regarding the mid -year budget report and budget amendments for Fiscal Year 1997/98 to the Council meeting of June 15, 1998. The motion carried by the following roll call vote: AYES: Julien, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: Harman ABSENT: None (CITY COUNCIL) APPROVED INTRODUCTION OF PROPOSED ADMINISTRATIVE CITATION ENFORCEMENT ORDINANCE NO. 3397 - APPROVED INTRODUCTION OF ORDINANCE NO. 3398 AMENDING NUISANCE CODE - ADOPTED RESOLUTION NO. 98- 43 FEE SCHEDULE FOR CIVIL FINES FOR ADMINISTRATIVE CODE VIOLATIONS AS AMENDED (640,10) The City Council considered a communication from the City Administrator and City Attorney transmitting proposed ordinances/resolution representing a new alternative code enforcement tool for use by city staff. The proposed ordinances would not replace any existing criminal, civil, or administrative procedures but would add the ability to impose civil fines for violations of the city's municipal code including housing, fire and building codes. The procedures followed are similar to the city parking citation program which was removed from the criminal court system and made an administrative process several years ago. (Fee Schedule 1 as revised by the Legal Affairs Committee as outlined in the memorandum dated May 28, 1998 from the City Attorney.) City Attorney Hutton and Jennifer McGrath, Deputy City Attorney, presented a report regarding the provisions of the proposed ordinances and resolution. Following discussion, a motion was made by Harman, second Garofalo to approve the following recommended action: 1. Approve introduction after reading by title by the City Clerk of Ordinance No. 3397 entitled "Administrative Citations" - "An Ordinance of the City of Huntington Beach Adding Chapter 1.18 to the Huntington Beach Municipal Code Establishing Administrative Procedures for Civil Citations and Civil Fines for Municipal Code Violations". 2. Approve introduction after reading by title by the City Clerk of Ordinance No. 3398 amending Huntington Beach Municipal Code Section 17.10 — "An Ordinance of the City of Huntington Beach Amending Chapter 17.10 of the Huntington Beach Municipal Code Pertaining to Nuisances and Enforcement'; and 3. Adopt Resolution No. 98-43 as amended entitled "A Resolution of the City Council of the City of Huntington Beach Establishing the Fee Schedule for Civil Fines for Administrative Code Violations." The motion carried by the following roll call vote. AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None 694 Page 26 - Council/Agency Minutes - 06/01198 (CITY COUNCIL) DEFERRED FROM MAY 18, 1998 - APPROVED INTRODUCTION OF ORDINANCE NO. 3394 - UPDATED VERSION OF HBMC CHAPTER 10.42 - RESIDENTIAL PARKING PERMITS (640.10) The City Council considered introduction of Ordinance No. 3394 after City Clerk reads by title - 'An Ordinance of the City of Huntington Beach Amending Chapter 10.42 of the Huntington Beach Municipal Code Pertaining to Residential Parking Permits." (Proposed changes will clarify the implementation of new permit districts, the day-to-day administration of the permit districts, and the enforcement of the districts.) A motion was made by Garofalo, second Julien, to approve introduction of Ordinance No. 3394 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) - ADOPTED EMERGENCY ORDINANCE NO. 3399 - EFFECTIVE IMMEDIATELY - PROHIBITS, CONTROLS OR RESTRICTS USE OF BICYCLES, MOTOR VEHICLES, SKATEBOARDS, IN -LINE SKATES IN THE NEW PIER PLAZA AREA (640.10) The City Council considered adoption of Emergency Ordinance No. 3399 - "An Emergency Ordinance of the City of Huntington Beach Amending Chapter 13.12 of the Huntington Beach Municipal Code Pertaining to Pier Regulations and Activities Permitted on the Pier_" A motion was made by Garofalo, second Julien, to adopt Emergency Ordinance No. 3399 after City Clerk reads by title. The motion carried by the following roll call vote: AYES. Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) COMMENCEMENT OF LEGAL PROCEEDINGS AGAINST THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION TO FORCE THE CLEANUP OF THE CLOSED GUN RANGE - DEFERRED TO JUNE 15, 1998 (290.10) The City Council considered a communication from Councilmember Harman regarding the need to clean up the closed Police Gun Range, Councilmember Harman requested that this agenda item be placed early on the June 15, 1998 agenda. City Attorney Hutton stated that last Friday she had received a Request for Legal Services from the Community Services Department and that she would prepare a report within a week. Community Services Director Hagan reported. �-km 06101/98 - Council/Agency Minutes - Page 27 Councilmember Green requested that this item discussion of the Huntington Beach Police Officers' Association plans - be placed on an agenda of an informal meeting between the Mayor, Mayor Pro Tem, City Administrator and the new officers of the Huntington Beach Police Officers' Association. He stated that two informal meetings have been held with the new officers. The City Council determined that Councilmember Harman's communication relative to commencement of legal proceedings against the Huntington Beach Police Officers' Association to force the clean up of the closed gun range be placed on the June 15, 1998 agenda would be deferred and placed on the June 15, 1998 agenda following the public comment portion of the meeting. (CITY COUNCIL) APPROVED REQUEST FROM MAYOR PRO TEM GREEN -TO ATTEND THE AMERICAN COASTAL COALITION IN WASHINGTON, D. C. - JUNE 13-26, 1998 (120,10) The City Council considered a communication from Mayor Pro Tem Green which had been deferred to June 1, 1998 requesting approval by Council to attend the American Coastal Coalition in Washington, D.C. from on June 23-26, 1998 for a cost of $1,450. A motion was made by Green, second Sullivan, to approve the request from Mayor Pro Tem Green to attend the American Coastal Coalition in Washington D.C. June 23-26 for a cost of $1,450. Councilmembers Garofalo and Harman spoke regarding the importance of this conference. The motion made by Green, second Sullivan, carried by the following roll call vote: AYES: Jblieri. Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT. None (CITY COUNCIL) APPROVED OFFICIAL POSITION REGARDING NAME OF THE BOLSA CHICA MESA (440.60) The City Council considered a communication from Councilmember Sullivan arding the following subject: For many years, the bluff overlooking the Belsa-,Chi v�tis has been known as the Bolsa Chica Mesa. Recently, the landowner has decided to call the Solsa Chica Mesa the Warner Mesa for rather obvious political reasons. A motion was made by Sullivan, second Harman, that the official position of the City of Huntington Beach is to continue to refer to the Bolsa Chica Mesa as the Bolsa Chica Mesa. The motion carried unanimously. .•. Page 28 - Council/Agency Minutes - 06/01198 (CITY COUNCIL) CONSIDERATION OF FORMATION OF CITY COUNCIL AD HOC SUBCOMMITTEE REGARDING EMPLOYEE COMPARISON STUDY DEFERRED TO JUNE 15, 1998 (120.45) The City Council considered a communication from Councilmember Sullivan regarding the following subject: For some time there has been discussion as to whether employee benefits in Huntington are particularly generous when compared to other cities. The California League of Cities' total compensation comparisons only include benefits which cities have in common. Therefore, the relative position of the city could represent an incomplete picture. The City Council directed that the agenda item regarding a possible ad hoc subcommittee regarding Employee Comparison Study be deferred to June 15, 1998. ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY A motion was made by Harman, second Green to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11;45 p.m. to Monday, June 8, 1998, at 4:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: Z.0; /-V-404-aw� r 'v ity er erk City Clerk and ex-officio Clerk ofthe City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California M or/Chairma 697