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HomeMy WebLinkAbout1998-09-21MINUTES CITY COUNCIUREDEVELOPMENT 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, September 21, 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 COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Green, Dettloff, Bauer, Sullivan (Harman arrived at 7:50 p.m.) Absent: Garofalo 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/REDEVELOPMENT AGENCY) STUDY SESSION — DISCUSSION BETWEEN CITY COUNCILMEMBERS AND ASSEMBLYMAN SCOTT BAUGH REGARDING STATE LEGISLATION INCLUDING (ERAF) EDUCATIONAL REVENUE AUGMENTATION FUND& (VLF) VEHICLE LICENSE FEES (640.40) Mayor Dettloff welcomed Assemblyman Scott Baugh to the City Council meeting and thanked him for his attendance. The Mayor thanked Assemblyman Baugh for his current efforts to obtain funding for replacement of the safety railing at Bluff Top Park and for his previous legislative efforts on behalf of the city. Assemblyman Baugh introduced Jeff Sauls, Director of Assemblyman Baugh's Sacramento Office, Dianne Eastman, Campaign Director, and Beth Johns, Field Representative, who are members of his staff. Mr. Sauls distributed the following communications to Council: (1) Communication from Governor Pete Wilson dated September 19, 1998 regarding Governor Wilson's veto of Assembly Bill No. 2053 that would have funded one-half of the cost of the safety railing at Bluff Top Park, a State-owned, locally operated park in Huntington Beach, and 67 Page 2 - Council/Agency Minutes — 09/21/98 (2) Communication titled Excerpts From Assembly Bill No. 2797 Analysis Re: Governor's VLF Plan. A staff communication titled Talking Points for City Council Discussion with Assembly Member Scott Baugh on September 21, 1998 was distributed from the City Administrator's office. Assemblyman Baugh informed Council that today the Governor vetoed the Bluff Top Park legislation which would have funded half of the cost of a project to replace the safety railing at Bluff Top Park. He informed Council of the Governor's reasons for the veto. Assemblyman Baugh stated that the swimming pool project at Huntington Beach High School had been partially funded with $100,000 with the Take The Plunge organization. He stated that attempts would be made next year to obtain funding for the safety railing at Bluff Top Park, although not through the same type of legislative effort that was made this year. Assemblyman Baugh reported on his legislation relative to sexually oriented businesses and requested that the City Councilmembers review the model ordinance/case law on such businesses. He reported further on this subject. City Attorney Hutton reported that the city is currently in litigation regarding a pending sexually oriented business permit application. Assemblyman Baugh reported on the Vehicle License Fee legislation. He referred to his communication on the Vehicle License Fee subject which his staff had distributed during the meeting titled Excerpts From Assembly Bill No. 2797 Analysis Re: Governor's VLF Plan. He reported on the subject of the Educational Revenue Augmentation Fund (ERAF). Assemblyman Baugh stated that he believed there was a need to focus on a long-term solution to the city's financial situation. Councilmember Bauer informed Assemblyman Baugh that following a meeting with Assemblyman Curt Pringle, he had come away with a feeling that the Legislature has a poor image of cities. Councilmember Bauer asked Assemblyman Baugh what cities can do to improve their image with the Legislature as he believes the League of Cities' approach is at times confrontational. Assemblyman Baugh cited an example of how the League of Cities could mobilize cities better. He stated he has seen the League of Cities work effectively and noneffectively. Assemblyman Baugh stated that he believes a constitutionally guaranteed funding source is needed so that cities do not have to keep going to the Legislature. Councilmember Bauer stated that he believes the approach of cities has been deficient and that representation by the League of Cities is not what it should be. In response to Councilmember Green, Assemblyman Baugh stated that he would recommend that the best timeframe for Councilmembers to approach members of the Legislature is prior to March 1999. Assemblyman Baugh clarified in response to a question from Mayor Dettloff that he would recommend the city get an initiative on the ballot for permanent funding and if two-thirds of the Legislature would place it on the ballot, the signature gathering process could be by-passed. Assemblyman Baugh stated that a permanent funding source for cities had been submitted as an Assembly Bill, but had failed. Mayor Dettloff informed Council that the city is bringing The Ferguson Group aboard and that The Ferguson Group would work toward assisting the city in the process of dealing with the State Legislature. Assemblyman Baugh stated that if The Ferguson Group is going to make a long-term effort rather than short-term, he believes the Group can help the city. He informed Council that the Legislature is working on the proposed CENCO Company project (reactivation of the offshore oil facility). 09/21/98 - Council/Agency Minutes - Page 3 Assemblyman Baugh stressed the need for communication and requested that Council not hesitate to phone him on matters. Mayor Dettloff updated Assemblyman Baugh on the city's efforts regarding the CENCO Company proposal to reactivate the offshore oil facility. City Administrator Silver spoke regarding the efforts he will be making as a member of the Board of Directors of the League of California Cities, City Manager's Department of cities with populations over 100,000. Assemblyman Baugh stated that it is most important to find the right legislator to author a bill to assist the cities, such as Senator Polanco, who has a good relationship with the League of Cities. In response to Councilmember Sullivan, Assemblyman Baugh stated that he believes it would be very effective to have Councilmembers, Police Chiefs, City Managers, and other department heads from cities to join together to inform the Legislature of the needs of their cities. Mayor Dettloff informed Assemblyman Baugh of a short list of funding needs of the city as follows: (1) Funding for infrastructure needs, (2) Funding to meet future technology needs of the city (computers, internet and intranet, and Police Computer Aided Dispatch Systems), (3) Funding to meet recreational needs (funding for South Beach Improvements and a sports complex at Central Park), and (4) Funding for cleaning up contaminated soils within the unimproved portions of Central Park and the NESI site at Hamilton and Magnolia. Assemblyman Baugh stated that Senator Ross Johnson is the Minority Leader and that Council and Senator Johnson should discuss items of interest to the city. Jeff Sauls, Director of Assemblyman Baugh's Sacramento Office, informed Council that legislative proposals will be due at the end of January. Assemblyman Baugh informed Council that cities must have signage to have immunity relative to the rollerblading issue. Mayor Dettloff and the City Councilmembers expressed their appreciation to Assemblyman Baugh for his attendance at the Council meeting. MOTION TO RECESS TO CLOSED SESSION The City Council, by unanimous consent, recessed to closed session (City Council) 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, Municipal Employees' Association, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. (120.80) (City Council) 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. (120.80) (City Council) Closed Session - City Council pursuant to Government Code Section 54956.9(c) to confer with its City Attorney regarding pending litigation. (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether 69 Page 4 - Council/Agency Minutes — 09/21/98 to initiate litigation.) Number of Potential Cases: 1. Subject: Potential Litigation Against City of Santa Fe Springs. (120.80) (City Council) Closed Session - City Council pursuant to Government Code Section 54956.9(c) to confer with its City Attorney regarding pending litigation. (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of Potential Cases 1. Subject: Time Warner Communication/Utility User Tax Dispute. (120.80) (City Council) 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 Franks v. City of Huntington Beach — Orange County Superior Court Case No. 78 22 68. Subject: Franks v. City of Huntington Beach. (120.80) RECONVENE Mayor Dettloff reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7*20 p.m. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan (Harman arrived at 7:50 p.m.) Absent: Garofalo (CITY COUNCIL) REPORT OF ACTION TAKEN AT CLOSED SESSION OF AUGUST 17, 1998 REGARDING ZAMBRANO V. CITY OF HUNTINGTON BEACH — ORANGE COUNTY SUPERIOR COURT CASE NO. 77 41 33 — CLAIM NO. 95-130 (630.40) The City Attorney, pursuant to statutory obligation for the legislative body to comply with the Brown Act requirements by a "Report of Action Taken" on closed session, Government Code §54957.1(a)(3)(B), announced on August 17, 1998 that the City Council, by a vote of 4-3 ("no" votes were Bauer, Garofalo and Julien) authorized settlement of this case. This was a wrongful death and federal civil rights case. On August 28, 1998, at the Mandatory Settlement Conference, the case settled for $60,000. (CITY COUNCIL) REPORT OF ACTION TAKEN AT CLOSED SESSION OF SEPTEMBER 21, 1998 REGARDING POTENTIAL LITIGATION AGAINST CITY OF SANTA FE SPRINGS City Attorney Hutton announced that at the September 21, 1998 closed session regarding potential litigation against the City of Santa Fe Springs, the City Council authorized the City Attorney to file a writ to challenge the decision of the City of Santa Fe Springs to reopen the Powerine Refinery (now called CENCO Refinery) in the City of Santa Fe Springs without adequate environmental review. The vote was 5-0 (Councilmembers Garofalo and Harman were absent). PLEDGE OF ALLEGIANCE The Pledge of Allegiance was given by those present in the Council Chamber. 70 09/21/98 - Council/Agency Minutes - Page 5 INVOCATION The invocation was given by Councilmember Sullivan. 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: 5:00 p.m. Study Session: Talking Points for City Council Discussion with Assembly Member Scott Baugh on September 21, 1998 distributed by Administration. 5:00 p.m. Study Session: Communication distributed by Assemblyman Baugh dated September 19, 1998 from Governor Wilson regarding his veto of Assembly Bill No. 2053 which would have funded one-half the cost of the safety railing at the State-owned Bluff Top Park operated by the city. 5:00 p.m. Study Session: Excerpts From Assembly Bill No. 2797 Analysis Re: Governor's VLF Plan (Vehicle License Fee Plan) distributed by Assemblyman Baugh. City Administrator's Report: Slide report dated September 21, 1998 from the Fire Department titled 714 Area Code Split — Scheduled For 2001. Slide report dated September 21, 1998 titled Treasurer's Report. Public Hearing: Slide report dated September 21, 1998 from the Economic Development Department titled Auto Dealer Business Improvement District BID. Public Hearing: Slide report from the Community Development Department titled Appeal of Planning Commission's Denial of Conditional Use Permit 98-20 and Variance 98-6 (Anton Residence Third Story) 113-11th Street. Public Hearing: Communication from the Community Development Department titled Conditional Use Permit No. 98-20 — Variance No. 98-6 (Alternative Action For Approval — Applicant's Request). Public Hearing: Slide report dated September 8, 1998 titled Preliminary Budget 1998199. Consent Calendar: Communication from City Attorney dated September 18, 1998 titled Utility Users Tax — Audit of Time Warner Communications and Settlement Agreement Regarding Tax Collection on Cable Services. REPORT FROM FIRE CHIEF REGARDING THE HEFLEY WATER RESERVOIR RUPTURE IN THE CITY OF WESTMINSTER Fire Chief Dolder reported on the Westminster water reservoir rupture incident and the assistance that Huntington Beach was providing to the City of Westminster. 71 Page 6 - Council/Agency Minutes — 09/21/98 Presentation — By Mayor Shirley Dettloff of awards to the 1997 Environmental Board Winners: PLC Land Company, Mr. Bill Holman/Seagate Neighborhood Park, Community Beautification; The Boeing Company, Mr. Charles Bajza/Space and Defense Systems, Waste Reduction & Recycling; The Boeing Company, Ms. Beth Wiseman/Paper Recycling Organizers Administrator, Waste Reduction & Recycling; Wetlands & Wildlife Care Center of Orange County, Mr. Gary Gorman, Wildlife Enhancement; PLC Land Company, Ivan Simovich, Vice President of Construction; and David Tardiff, Landscape Architect, Peridian Group. Presentation — By Mayor Shirley Dettloff to Team Paradise Bauer Beach Boys, Roller Hockey Team winners of the California State Koho Cup Championship, Platinum Division 17-18 year olds in June 1998, USAC/RS National. Championship, Des Moines, Iowa in August 1998 and the USA Hockey In -Line National Championship in Darien, Illinois in August of 1998. Coach Bob Boland. Presentation — By Mayor Shirley Dettloff of the Employee of the Month Award to Fire Chief Dolder for his exemplary work as Acting Assistant City Administrator as well as leading the city through situations such as CENCO offshore oil refinery proposal; also services in technology updating in city. PUBLIC COMMENTS VIRGINIA SIMS addressed Council in support of salary increases for the Huntington Beach firefighters. She spoke regarding the value of the firefighters to the community. RON DAVIS distributed a document to the City Attorney. He stated he is a candidate for City Attorney and spoke regarding the agenda item relative to his request to use the Council Chamber to hold a debate with the City Attorney. Mr. Davis stated that he wished to discuss the City Attorney's candidate statement of which he believes contains incorrect information. City Attorney Hutton responded to Mr. Davis' request for a debate and listed the candidates' night events which are scheduled in the community. JAMES CONQUEST addressed Council regarding the item on the agenda requesting approval of a Residential Parking Permit District on Breeland Drive between Goldenwest Street and Feola Circle and on Rollins Lane between Breeland Drive and Retherford Drive. He stated that the need for the permit parking was due to the overflow from businesses causing limited parking in the neighborhood. He spoke regarding safety problems from the people jaywalking and not using the crosswalks either at the parking lot at Goldenwest Street or at Goldenwest Street and Edinger, including people jaywalking with children with no regard for how fast traffic travels in that area; also parking on the corners of streets and out into the middle of Goldenwest Street making it hard as one comes out of the neighborhood to see cars that are coming in off of Goldenwest Street and down Goldenwest Street. A further problem is parking on driveways and threats to neighbors. JEFF HELFER addressed Council regarding the item on the agenda requesting approval of a Residential Parking Permit District on Breeland Drive between Goldenwest Street and Feola Circle and on Rollins Lane between Breeland Drive and Retherford Drive. Mr. Helfer spoke regarding the threats to residents, including threats of bodily harm, from persons parking in the residential district who have received tickets. He addressed Council regarding the problem caused by the lack of parking area at the swap meet. 72 09/21/98 - Council/Agency Minutes - Page 7 BRAD WHITE spoke regarding the item on the agenda requesting approval of a Residential Parking Permit District on Breeland Drive between Goldenwest Street and Feola Circle and on Rollins Lane between Breeland Drive and Retherford Drive. He cited what he believes is the lack of ability of city departments to control the parking situation. Mr. White requested a vote be delayed on this agenda item or at least that Council delay charging a parking permit fee to the residents. STEVE ROBERTS stated that Golden West College has expanded their swap meet without expanding their parking area. He spoke regarding the jaywalking problem including women with strollers dragging little children behind them, sprinting across six lanes of traffic, driveways being blocked, increased foot and vehicle traffic with speeding up and down and quick U-turns; blockage of fire hydrants putting the neighborhood at great risk, and persons urinating in the area of the adjacent Montessori School. He also stated that residents have difficulty getting in and out of the tract due to traffic. He requested Council approval of the permit parking district. TONY ALVAREZ stated he had not yet heard from the city on his previous concerns regarding the number of surfing events held on the beach which keep the area from being available to the local people. He stated instances where he believes events do not generate revenue to the city. He stated his disagreement with statements of the Community Services Director regarding the position of the local surfers. Councilmember Green informed Mr. Alvarez of an upcoming public meeting to be held on October 7, 1998 in Room B of Civic Center at 6:00 p.m. to discuss city policy on beach events. City Administrator Silver spoke regarding this upcoming public meeting. Councilmember Bauer stated that he believed that the Downtown Committee should hear this matter. The City Administrator responded. BOB BOLEN spoke on behalf of the surfing community stating that he does not believe the beach should be tied up so frequently by special events. He stated that he believes the problem can be worked out by moving the locations of the events. He stated he favored the special events, however, the pier area should not be tied up by one group. He stated that the local surfers also attract visitors to the city. DENNIS SATO supported the statements of the previous speakers relative to beach events. He stated his support for the City Council's position in opposition to CENCO's proposal to reactivate the offshore oil facility. Mr. Sato informed Council that if he can be of any assistance to the city to please call upon him. (CITY COUNCIL/REDEVELOPMENT AGENCY) COUNCIL COMMITTEE/COUNCIL LIAISON REPORTS There were no reports made. (CITY COUNCIL) REPORT BY FIRE CHIEF AND CITY ADMINISTRATOR REGARDING 714 AREA CODE SPLIT SCHEDULED FOR 2001 — STAFF RECOMMENDATION APPROVED The City Administrator presented a slide report titled 714 Area Code Split - Scheduled For 2001. This communication had been announced by the City Clerk as a late communication earlier in the meeting. A discussion was held between Council and Fire Chief Dolder regarding the area code split and various aspects of the process. 73 Page 8 - Council/Agency Minutes — 09/21/98 A motion was made by Julien, second Bauer, to approve the following recommended action as set forth on Slide No. 16 of the slide report as follows: Recommended Action: Recommended Selection Criteria — Longevity of the relief alternative; keeping 714 in Huntington Beach and alternatives that are the least disruptive to the communities involved. Councilmember Green stated that he would oppose the motion as he believed the city should consult with businesses in the community regarding this matter. The motion made by Julien, second Bauer, carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan NOES: Green ABSENT: Garofalo 30TH ANNIVERSARY OF THE POLICE HELICOPTER PROGRAM — EVENT SCHEDULED FOR SEPTEMBER 30, 1998 City Administrator Silver stated that the 30'h anniversary event of the Police Helicopter Program would be held at the city beach across from the Waterfront Hilton Hotel on September 30, 1998. He reported that there will be a number of helicopters landing at the beach area. He stated that he was making this announcement so that the community would be aware of the reasons for so many helicopters in the area. PRESENTATION OF CENCO PROPOSAL REGARDING REACTIVATION OF OFFSHORE OIL FACILITY Fire Chief Dolder presented an update on the CENCO Company proposal to reactivate the offshore oil facility including aspects of the offshore oil mooring and the oil tank farms at Newland Street. He reported on the reasons for the Writ of Mandate and the need for public review. Fire Chief Dolder spoke regarding the city's involvement with the Southeast Huntington Beach Homeowner's Association, the Huntington Beach Coastal Community Association and other interested parties regarding the matter. He informed Council that the city is scheduling meetings with Senator Ross Johnson and Assemblyman Scott Baugh regarding the CENCO Proposal. In response to Councilmember Harman, the Fire Chief reported on the Air Quality Management District hearing which is needed. Councilmember Harman requested, that if the hearing is scheduled, that the Fire Chief provide Council notification so that Council and members of the community can attend. Councilmember Bauer requested Fire Chief Dolder to advise CENCO upfront of the city's resolve in this issue. (CITY COUNCIL) CITY TREASURER JULY 1998 INVESTMENT SUMMARY REVIEW (310,20) The City Council considered a communication from City Treasurer Freidenrich transmitting the Monthly Investment Report for July 1998. A motion was made by Green, second Bauer, following review of the report, to accept the Monthly Investment Report for July. 1998, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. 74 09/21/98 - Council/Agency Minutes - Page 9 The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) PUBLIC HEARING — RESOLUTION NO. 98-70 APPROVING ANNUAL ASSESSMENT FOR FY 1998/99 TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT — ADOPTED (460.30) Mayor Dettloff announced that this was the meeting set for a public hearing to consider the following: Public hearing held pursuant to Resolution of Intent No. 98-63 adopted on September 8, 1998, declaring intention to levy an assessment for the Huntington Beach Auto Dealers Business Improvement District for 1998/99. Resolution of Intent No. 98-63 scheduled this public hearing to hear all interested persons for or against levying of the assessment, and the furnishing of specified types of improvements or activities within the Huntington Beach Auto Dealers Business Improvement District. Protests may be made orally or in writing but if written, shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. If written protests are received by the owners of businesses within the District which will pay 50% or more of the total assessments to be levied, no further proceedings to levy the proposed assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type of types of improvements or activity within the District, those types of improvements or activities shall be eliminated. Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. Mayor Dettloff declared the hearing open. There being no one further to speak on the matter and there being no further protests filed, either oral or written, the public hearing was closed by Mayor Dettloff. A motion was made by Bauer, second Green, to adopt Resolution No. 98-70 - 'A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment for Fiscal Year 1998-99 to Fund Improvements Within the Huntington Beach Auto Dealers Business Improvement District. " The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Garofalo 75 Page 10 - Council/Agency Minutes — 09/21/98 (CITY COUNCIL) PUBLIC HEARING CONTINUED TO OCTOBER 5, 1998 — APPEAL TO PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT NO. 98-201VARIANCE NO. 98-6 — ANTON RESIDENCE — (JENSEN HOME IMPROVEMENT) 113-11T" STREET - (NORTH SIDE, WEST OF WALNUT AVENUE) (420.40) Public hearing to consider an appeal filed by Ron Anton to the denial by the Planning Commission of the following request. Appellant: Ron Anton Applicant: Jensen Home Improvements Request: Appeal to the Planning Commission's denial of a request to permit a 320 square foot, third story deck enclosure with two (2) deviations to the zoning code: 1) to allow a third story roof peak of 30 feet in lieu of maximum 25 feet in the rear 25 foot setback area of the property; and 2) to allow 3,195 square feet of building area in lieu of maximum 2,875 square feet (a floor area ratio of 1.11 in lieu of maximum 1.0). Location: 113-11th Street (north side, west of Walnut Avenue) Environmental Status: Categorically except from the provisions of the California Environmental Quality Act. Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. Mayor Dettloff informed the City Council that the appellant/applicant, Ron Anton, had requested a continuance of the public hearing to October 5, 1998. Mayor -Dettloff declared the public hearing open. A motion was made by Green, second Harman, to continue the open public hearing on the appeal to the Planning Commission denial of Conditional Use Permit No. 98-20/Variance 98-6 - Anton Residence to the October 5, 1998 Council meeting. The motion carried unanimously. (CITY COUNCIL) PUBLIC HEARING (CONTINUED OPEN FROM SEPTEMBER 8, 1998) PROPOSED UPDATE TO THE SECOND YEAR OF THE CITY'S 2-YEAR BUDGET COVERING FY 1997/98 AND FY 1998/99 — RESOLUTION NO. 98-73 — ADOPTED (320.20) Mayor Dettloff announced that this was the meeting set for a public hearing continued open to consider the following: Public hearing continued open from September 8, 1998 regarding City budget for 1998/99 of $213,249,981, including proposed General Fund Expenditures of $109,793,897, which is a 1.0% increase above the 1997/98 budget. The $213.2 million total recommended budget does not include some carryover items and additional changes that will be presented to the City Council on September 21, 1998. These additional carryover projects such as the developer - funded Fire Station construction project of $3.3 million were budgeted in 1997/98, but the budgeted funds will not be expended until 1998/99. 76 09/21/98 - Council/Agency Minutes - Page 11 Included is additional budget information submitted by staff dated 9/18/98 titled Budget Follow -Up which provides follow-up information or comment regarding items discussed at the public hearing on 9/8/98. Budget Changes For 1998/99 The recommended total budget of $213,174,981 for 1998/99 includes changes to the second year (1998/99) of the two-year budget summarized as follows (See Budget Message for details): New Capital Expenses — For the following projects: Police Dispatch System $ 2,000,000 Emergency Street Maintenance Repairs 1,200,000 Emergency Sewer System Maintenance Repairs 1,000,000 Information Systems Replacement Costs 1,700,000 City Hall Roof Replacement/Rehabilitation Project 400,000 Salary/Benefit Increases — Implementation of agreements Outside Legal Costs — Correction to budget for 1998/99 FireMed Enterprise Fund Capital Expenses — One-time costs Helicopter Replacement Costs — Replacement approved in 1997/98 Revenue Related New Costs — See summary in Budget Message Other Changes (net) — See details in section following Budget Message Total Recommended New Appropriations Q $ 6, 300, 000 2,739,177 600,000 734,250 274,000 2,067,880 823,743 $ 13,539,050 The complete Update to the 2-Year Budget proposal can be obtained or reviewed by the public from 8:00 a.m. to 5:00 p.m., Monday through Friday in the City Clerk's Office at City Hall, 2000 Main Street, Huntington Beach. Copies of the proposed budget are also available for public review at the City's Central Library located at 7111 Talbert Avenue (Goldenwest Street and Talbert Avenue), and all branch libraries. Copies of the Preliminary Budget Message and Summaries may be obtained by the public, free of charge, at the aforementioned locations. All interested persons (especially senior citizens and handicapped individuals) are invited to attend the budget hearing to express their opinions for, or against, the proposed budget with written or oral comments. Written communications to the City Council may be mailed to the City Clerk. Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648. The City Administrator's Slide Report dated September 21, 1998 from the Fire Department titled 714 Area Code Split — Scheduled For 2001 had been announced earlier in the meeting under. Late Communications by the City Clerk. RON DAVIS stated that he believed there has not been an answer to his questions from the last meeting regarding outside legal costs. He stated the figure he believes to be correct for outside legal costs. Mr. Davis spoke regarding what he believes to be an excess number of cases sent to outside counsel. He also spoke regarding what he believes is the Council's responsibility to correct the record when a public official makes an inaccurate statement which he believes was made regarding the budget of the City Attorney. 77 Page 12 - Council/Agency Minutes — 09/21/98 There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed. A motion was made by Green, second Sullivan, to adopt Resolution No. 98-73 — A Resolution of the City Council of the City of Huntington Beach Adopting a Budget for the City for Fiscal Year 1998199 ". The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Garofalo CONSENT CALENDAR — ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Resolution No. 98-68 Requesting Caltrans Approval Of Closing Pacific Coast Highway For The Huntington Beach Pacific Shoreline Marathon Run — January 31, 1999 Resolution No. 98-69 Approving Residential Permit Parking District "F" On Breeland Drive Between Goldenwest Street And Feola Circle And On Rollins Lane Between Breeland Drive And Retherford Drive Utilization Of City Council Chambers By A Private Individual - Ron Davis Quality Customer Service Training Contract — Blanchard Solutions Group CONSENT CALENDAR — ITEMS APPROVED On motion by Green, second Julien, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Garofalo Councilmember Sullivan requested to be recorded as casting a "no" vote on the Consent Calendar item regarding Deletion of the Community Development Department and the Creation of the Building and Safety Department and the Planning Department with Respective Department Heads and the Agreement With Ross Cranmer to serve as Director of Department of Building & Safety and the agreement with Howard Zelefsky to serve as Director of Department of Planning. (CITY COUNCIUREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency adjourned July 27, 1998, Special Meeting of August 31, 1998 and regular meeting of September 8, 1998 as written and on file in the Office of the City Clerk. 78 09/21/98 - Council/Agency Minutes - Page 13 (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-67 OFFERING TO PURCHASE PROPERTY FROM COUNTY OF ORANGE —APPROVED TAX DEFAULT AGREEMENTS — TWO LOTS WITHIN TRACT 306 — ELLIS/GOLDENWEST QUARTER SECTION FOR PARK PURPOSES (600.25) —1. Adopted Resolution No. 98-67 - 'A Resolution of the City Council of the City of Huntington Beach Offering to Purchase Property Pursuant to Division 1, Part 6, Chapter 8, Article 2 of California Revenue and Taxation Code. "For the acquisition of lot No. 47 and No. 48 within the Tract 306 of the Ellis/Goldenwest quarter section for park purposes, and 2. Approved and authorized the Mayor and City Clerk to execute tax default agreements with County of Orange to purchase Lots No. 47 and No. 48 in Tract 306, Ellis/Goldenwest quarter section — Agreement For The Purchase By A City Of Tax Defaulted Property As Provided By Division 1, Part 6, Chapter 8 Of The California Revenue And Taxation Code. (CITY COUNCIL) APPROVED APPOINTMENT TO THE ENVIRONMENTAL BOARD — FRANK CAPONI (110.20) —Appointed Frank Caponi to complete the term of Mark Tomko, which expires June 30, 1999. (CITY COUNCIL) APPROVED AMENDMENT TO LICENSE AGREEMENT BETWEEN THE CITY AND CARDEN'S COIN TELESCOPES FOR COIN OPERATED TELESCOPES ON BEACH AND PIER (600.35) — Approved the Amendment To License Agreement Between The City Of Huntington Beach And Carden's Coin Telescopes For Coin Operated Telescopes On Beach And Pier for a term of one year, and authorized the Mayor and City Clerk to execute same. (CITY COUNCIL) APPROVED PURCHASE OF NEW CODE ENFORCEMENT VEHICLE USING FUNDS FROM THE STATEWIDE ABANDONED VEHICLE ABATEMENT PROGRAM -APPROVED FUND APPROPRIATION (320.45) —Appropriated $17,100 from the unappropriated general fund reserve and authorized expenditures to purchase a new Code Enforcement vehicle which will enhance and support our abandoned vehicle enforcement efforts. (100% reimbursement provided by the Statewide Abandoned Vehicle Abatement Program. This is unanticipated revenue.) (CITY COUNCIL) APPROVED EMPLOYMENT AGREEMENT FOR THE ASSISTANT CITY ADMINISTRATOR - MELANIE FALLON (600.10) — Approved and authorized the Mayor and City Clerk to execute the Employment Agreement Between The City Of Huntington Beach And Melanie Fallon to serve as the Assistant City Administrator. (CITY COUNCIL) APPROVED DELETION OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE CREATION OF THE BUILDING AND SAFETY DEPARTMENT AND THE PLANNING DEPARTMENT WITH RESPECTIVE DEPARTMENT HEADS - APPROVED AGREEMENT WITH ROSS CRANMER TO SERVE AS DIRECTOR OF DEPARTMENT OF BUILDING & SAFETY AND APPROVE AGREEMENT WITH HOWARD ZELEFSKY TO SERVE AS DIRECTOR OF DEPARTMENT OF PLANNING (100.10 & 600.10) 1. Approved the deletion of the Community Development Department from the City's Table of Organization and the position of Community Development Director; and 2. Approved the creation of the Building and Safety Department and Planning Department with their respective Department Heads; and 3. Approved and authorized the Mayor to execute the Agreement between the City of Huntington Beach and Ross Cranmer to serve as Director of the Department of Building and Safety; and 4. Approved and authorized the Mayor to execute the 79 Page 14 - Council/Agency Minutes - 09/21/98 Agreement between the City of Huntington Beach and Howard Zelefsky to serve as Director of the Department of Planning. Councilmember Sullivan requested to be recorded as casting a "no" vote on this item. (CITY COUNCIL) APPROVED APPROPRIATION OF FUNDS FOR 1998 FOURTH OF JULY CELEBRATION - APPROVED BUDGET AMENDMENT (960.30) —1. Authorized a Fiscal year 97/98 budget amendment to allocate $34,131 from the Unappropriated Fourth of July Fund Balance into Account Number E-FP-CS-212-2-21-00 and 2. Authorized a Fiscal Year 97/98 budget amendment to allocate $5,175 from the Unappropriated General Fund Balance into Account Number E-FP-CS-212-2-21-00. (CITY COUNCIL) UTILITY USERS TAX AUDIT OF TIME WARNER COMMUNICATIONS & SETTLEMENT AGREEMENT WITH TIME WARNER INC. (TWI) REGARDING TAX COLLECTION (600.10) — Approved and authorized the Mayor and City Clerk to sign the Settlement Agreement between the City and Time Warner Inc. (TWI) regarding the collection of utility user taxes on cable television services. (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-74 AMENDING THE NON - REPRESENTED EMPLOYEES SALARY AND BENEFITS RESOLUTION TO DESIGNATE TWO NEW DEPARTMENT HEADS AND PROVIDE FOR ADMINISTRATIVE LEAVE (720.20) - Adopted Resolution No. 98-74 — "A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Fiscal Years 1997198 and 1998199 for Non -Represented Employees." 1. Added the position of Director of Building and Safety at salary range 578; and 2. Added the position of Director of Planning at salary range 579; and 3. Provided for 40 hours of Administrative Leave to "exempt" managers, and 4. Provided an additional 16 hours (total = 80 hours) of Administrative leave to department heads. (CITY COUNCIL) ADOPTION OF RESOLUTION NO. 98-68 CONTINUED TO OCTOBER 5, 1998 - REQUESTING CALTRANS APPROVAL OF CLOSING PACIFIC COAST HIGHWAY FOR THE HUNTINGTON BEACH PACIFIC SHORELINE MARATHON RUN — JANUARY 31, 1999 (960.50) The City Council considered proposed Resolution No. 98-68 - "A Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway for the Huntington Beach Pacific Shoreline Marathon Run" regarding the closure of Pacific Coast Highway for the Pacific Shoreline Marathon Run. This item had been removed from the Consent Calendar for separate consideration. Community Services Director Hagan responded to Councilmember Sullivan's questions regarding why the promoter does not include Huntington Beach in the name of the event. The Community Services Director stated that the promoter requires financial contribution from the city in order to include the city's name. Councilmember Sullivan stated reasons why he does not believe the city is benefiting from this event. Community Services Director Hagan reported on the Huntington Beach charities that will receive income from some of the proceeds. He also informed Council that many persons are drawn to the community for this event which helps local businesses. 09/21/98 - Council/Agency Minutes - Page 15 A motion was made by Green, second Julien, to adopt Resolution No. 98-68 - "A Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway for the Huntington Beach Pacific Shoreline Marathon Run. " The motion resulted in the following roll call tie vote: AYES: Julien, Green, Dettloff NOES: Harman, Bauer, Sullivan ABSENT: Garofalo The City Attorney informed Council that the tie vote resulted in no action being taken A motion was made by Green, second Julien, to continue Resolution No. 98-68 to the October 5, 1998 Council meeting and to request staff to provide more information as requested by Councilmember Bauer and further that a report on the amount of money that the charities received from this event last year be provided to Council. The motion carried by the following roll call vote: AYES: Julien, Green, Dettloff, Bauer, Sullivan NOES: Harman ABSENT: Garofalo Later in the Council meeting, Councilmember Harman questioned the City Attorney relative to her determination that a tie vote on this item resulted in no action as he believes a tie vote results in failure of the motion pursuant to information in the City Council manual. A discussion was held and the City Attorney concurred. A motion was made by Bauer, second Sullivan, to reconsider the motion made by Green, second Julien, to continue Resolution No. 98-68 to October 5, 1998 for more information as requested by Councilmember Bauer relative to the benefits to the city from the event, and for a report on the amount of money provided to city charities from last year's event. The motion to reconsider was carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan (Green out of the room) NOES: None ABSENT: Garofalo A motion was made by Bauer, second Julien, to continue Resolution No. 98-68 to the October 5, 1998 Council meeting and to request staff to provide more information as requested by Councilmember Bauer relative to the benefits to the city from the event, and further that a report on the amounts of money that the charities received from this event last year be provided to Council. The motion carried by the following roll call vote: AYES: Julien, Dettloff, Bauer (Green out of the room) NOES: Harman, Sullivan ABSENT: Garofalo Page 16 - Council/Agency Minutes — 09/21/98 (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-69 — APPROVED RESIDENTIAL PERMIT PARKING DISTRICT "F" ON BREELAND DRIVE BETWEEN GOLDENWEST STREET AND FEOLA CIRCLE AND ON ROLLINS LANE BETWEEN BREELAND DRIVE AND RETHERFORD DRIVE (560.40) The City Council considered a communication from the Public Works Director recommending adoption of Resolution No. 98-69 — "A Resolution of the City Council of the City of Huntington Beach Establishing Parking Permit District "E" Within the City of Huntington Beach. " This item was removed from the Consent Calendar for separate discussion. Councilmember Sullivan stated that he believes the city should prevail upon Golden West College to be a good neighbor and share the cost of the formation of the parking district. Community Development Director Fallon reported that she would like an opportunity to review the law.with the City Attorney regarding the correlation of the swap meet to school functions which is a requirement of state law if the swap,meet is to be considered part of education. Discussion was held regarding the method of sales tax collection by Golden West College from the swap meet vendors. City Treasurer Freidenrich reported on the sales tax issue. Councilmember Julien requested information of whether the true sales tax is based on where the vendor's business is based or on the sales emanating from the Golden West swap meet. Mr. Conquest, in response to the Mayor's question, stated that he believed action must be taken now. Mr. Conquest repeated the problems the neighborhood has experienced including that in order to sell a home, the problems caused by Golden West College swap meet must be disclosed to the buyer. He stated that the problem began about a year ago. A motion was made by Julien, second Harman, to adopt Resolution No. 98-69 — "A Resolution of the City Council of the City of Huntington Beach Establishing Parking Permit District "E" Within the City of Huntington Beach" and further to request Golden West College to pay the cost of the implementation of the parking district and that a meeting be held between the Mayor, representatives of the neighborhood, and city staff to determine steps that should be taken to reach resolution to the matter. The motion made by Julien, second Harman, carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) APPROVED UTILIZATION OF CITY COUNCIL CHAMBERS BY A PRIVATE INDIVIDUAL - RON DAVIS (100.10) The City Council considered a communication from the City Administrator's Office regarding a request by Ronald Davis to use the Council Chambers or another city room to hold a debate with the City Attorney. In response to Councilmember Bauer, the Community Services Director stated that Mr. Davis would be charged for the use of the room. Councilmember Harman urged the City Attorney to hold a debate with Mr. Davis. City Attorney Hutton responded to Councilmember Harman's recommendation. 82 09/21/98 - Council/Agency Minutes - Page 17 Councilmember Julien stated that she believed it is the City Attorney's right to choose which forum she wishes to attend as do the other candidates. A motion was made by Bauer, second Harman, to approve utilization of the City Council Chambers by a private individual, Ron Davis. The motion carried unanimously. (CITY COUNCIL) APPROVED QUALITY CUSTOMER SERVICE TRAINING CONTRACT — BLANCHARD SOLUTIONS GROUP. (600.10) The City Council considered a communication from the Director of Library Services and the Police Chief recommending approval of a quality customer service training contract between the city and Blanchard Solutions Group. Councilmember Harman stated the reasons why he is opposed to approval of this contract. Councilmember Harman stated that he believed this function should be performed by management as he believes there are more critical needs in the city for which these funds can be used. City Administrator Silver stated that he also believes this function can be performed by staff; however, due to time constraints and available resources, he recommends that the contract be approved. Community Development Director Fallon reported that she believes help is needed from the consultant. Mr. Peter Psichogios, Executive Vice President of Blanchard Solutions Group, addressed Council regarding the process that would be used by his company to reach the goals of the city for quality customer service training. He explained how the program would work. Councilmember Julien asked for references, and Mr. Psichogios listed the companies with which he has contracted to provide quality customer service training. A motion was made by Green, second Julien, to approve and authorize the Mayor and City Clerk to execute the Professional Services Contract Between The City Of Huntington Beach And Blanchard Training And Development, Inc. To Provide A Citywide Training Program On Developing And Maintaining Quality Customer Service in the amount of $125,000. The motion carried by the following roll call vote: AYES: Julien, Green, Dettloff, Bauer, Sullivan NOES: Harman ABSENT: Garofalo (CITY COUNCIL) APPROVED GRANT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH CONFERENCE & VISITORS BUREAU, INC., (HBCVB) FOR FISCAL YEAR 1998/99 (600.10) The City Council considered a communication from the Economic Development Director informing Council of the Huntington Beach Conference and Visitors Bureau's submittal of its annual request for funds for the 1998/1999 fiscal year in the amount of $190,000, the same grant previously authorized by the City in prior fiscal years. A motion was made by Green, second Bauer, to approve and authorize execution of the Grant Agreement Between The City Of Huntington Beach Conference And Visitors Bureau, Inc., For Public Relations Services. " Page 18 - Council/Agency Minutes — 09/21/98 Councilmember Bauer stated that he believed as the new hotel comes in the City Council should consider using some of the transient occupancy tax revenue to increase the Huntington Beach Conference and Visitors Bureau's budget next year. The motion made by Green, second Bauer, carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3401 — ADVERTISEMENT ON PUBLIC SERVICE ITEMS WITHIN THE LANDSCAPE CORRIDORS (640.10) - Ordinance No. 3401 — 'An Ordinance of the City of Huntington Beach Amending Chapter 12.36 of the Huntington Beach Municipal Code Pertaining to Benches, Telephone Booths and Other Public Service Items. " A motion was made by Green, second Julien, to approve the adoption of Ordinance No. 3401 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3403 — PERTAINING TO AIRPORT BOARD (640.10) - Ordinance No. 3403 — 'An Ordinance of the City of Huntington Beach Deleting Chapter 2.105 of the Huntington Beach Municipal Code Pertaining to Airport Board." (Required to officially disband the old airport board) A motion was made by Green, second Bauer, to approve the adoption of Ordinance No. 3403 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3404 — RELATING TO SECURITY DEPOSIT FOR WATER FEES (640.10) — Ordinance No. 3404 —'An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 14.12 Entitled "Fees, Rates and Deposits". A motion was made by Green, second Sullivan, to approve the adoption of Ordinance No. 3404 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Garofalo 09/21/98 - Council/Agency Minutes - Page 19 (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3405 WHICH ADOPTS THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN CITY AND MAYER FINANCIAL LTD & THE WATERFRONT HILTON, LLC (OCEAN GRAND RESORT AND CONFERENCE CENTER - WATERFRONT DEVELOPMENT AGREEMENT - NIS PCH, W/BEACH BLVD. & E/HUNTINGTON STREET (600.30) - Ordinance No. 3405 - "An Ordinance of the City of Huntington Beach Adopting the Amended and Restated Development Agreement by and Between the City of Huntington Beach, and Mayer Financial, LTD. and the Waterfront Hotel, LLC. " Updating the planning and orderly4development of the property and to approve in concept a Commercial Master -,Site Plan for.,the-.overall three phase commercial development of the site. Phase One is the existing Waterfront Hilton Beach Resort (approved in 1988), Phase Two is the Ocean Grand Resort Hotel and Conference Center, and Phase Three is the future All -Suite or First Class Hotel. A motion was made by Green, second Julien, to approve the adoption of Ordinance No. 3405 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3406 — PRECISE PLAN OF STREET ALIGNMENT NO. 98-1 — MODIFIES THE ADOPTED ALIGNMENT OF THE FUTURE EXTENSION OF PACIFIC VIEW AVENUE BETWEEN HUNTINGTON STREET & BEACH BOULEVARD (WATERFRONT HOTEL EXPANSION PROJECT) (600.30) —.Ordinance No. 3406 - "An Ordinance of the City of Huntington Beach Amending District Map 16 of the Huntington Beach Zoning and Subdivision Ordinance to Include Precise Plan of Street Alignment No. 98-1 In Conjunction With Tentative Tract Map No. 15535, Conditional Use Permit No. 97-46, and Coastal Development Permit No. 97-15." A motion was made by Green, second Julien, to approve the adoption of Ordinance No. 3406 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Garofalo Page 20 - Council/Agency Minutes — 09/21/98 ADJOURNMENT — CITY COUNCIL/REDEVELOPMENT AGENCY A motion was made by Green, second Julien, to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 10:30 p.m. to Friday, October 2, 1998, at 10:30 a.m. in the chambers of Judge Francisco Firmat, Orange County Superior Court, Dept. 25, 700 Civic Center Drive West, Santa Ana, California (open meeting). ATTEST L City Clerk/Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Ma r/Chairman