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HomeMy WebLinkAbout1999-05-03 (7)MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Monday, May 3, 1999 A videotape recording of the 7:00 p.m. portion of this meeting is on file in the Office of the City Clerk. CALL TO ORDER Mayor Green called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Green, Bauer, Sullivan, Garofalo, Harman, (Dettloff arrived at 5:04 p.m.) Absent: None PUBLIC COMMENTS ON STUDY SESSION AND CLOSED SESSION ITEMS CHUCK SCHIED addressed Council regarding implementation of the Water Master Plan Program. He spoke regarding the percentage of the water rate on the water bill designated to the General Fund and requested that Council address that aspect. JOINT STUDY SESSION BETWEEN CITY COUNCIL AND INVESTMENT ADVISORY BOARD - REPORT ON INVESTMENTS PRESENTATION (310.10) Roll Call - Investment Advisory Board: Present: Turicchi, Bernard, Ely, Hall, (Ganulin arrived at 5:20 p.m.), Absent: Glass, Winchell City Treasurer Freidenrich introduced the members of the Investment Advisory Board and distributed two handouts: 1) a slide presentation dated May 3, 1999 entitled Joint Study Session — IAB/City Council, that includes topics such as Broker Update, Cash Flow Update, GASB 31 Update, and the Annual IAB Report; and 2) the Salomon Smith Barney Forecast Summary dated April 23, 1999. City Treasurer Freidenrich turned over the meeting to the Chairman of the Investment Advisory Board, Bob Turicchi who introduced the city's investment broker, William C. Blackwill from Salomon Smith Barney. Mr Blackwill presented the broker update. 457 Page 2 - Council/Agency Minutes — 05/03/99 After presenting his qualifications, Mr. Blackwill spoke regarding the city's economic activity which he stated is stable despite the financial volatility of recent times. Mr. Blackwill recommended the conservative approach for municipalities, which includes meeting short/long term liability -such as cash flow needs for payroll and the infrastructure versus total returns, and of the city's need to maintain a low-level risk profile. City Treasurer Freidenrich presented a cash flow update on the city's investments with the Single -A and Double -A ratings. Discussion was held regarding the city's current budget spend -down of $9 million out of $17 million in cash reserves used for Fire, Police, and Public Works capital projects. City Treasurer Freidenrich presented a Government Account Standards Board (GASB) 31 update. She discussed high-level yield instruments with low percentage rates. The board presented the annual Investment Advisory Board report. Discussion followed. The Investment Advisory Board's goal for the city was emphasized as rightfully centering on investment policy, with the City Treasurer providing representation at City Council meetings, an annual report, and a financial audit. City Treasurer Freidenrich informed Council of her intent to provide a checklist of various investment situations. Mr. Blackwill in response to Mayor Pro Tern Garofalo, stated that in comparison to other cities, Huntington Beach is conservative in its investment philosophy. Councilmember Harman stated his concerns regarding the budget questioning that if only $9 million was spent, is a carryover anticipated for the next fiscal year? Public Works Director Beardsley clarified that this was due to projects being tied to grant funds. City Treasurer Freidenrich responded that Administration and Public Works will look at the large projection to see what can be spent. The need for storm drains, for instance, had accounted for the unavailability of General Funds. City Treasurer Freidenrich responded to Councilmember Harman's inquiry regarding the cash flow management software which the City Treasurer's Department recently acquired, stating that it cannot yet be implemented due to staff shortages. The City Council thanked City Treasurer Freidenrich and the Investment Advisory Board members for their reports and commitment to the city. IN Page 3 - Council/Agency Minutes — 05/03/99 STUDY SESSION — PUBLIC WORKS DEPARTMENT REPORT REGARDING INCREASE IN WATER FEES (340.20) Public Works Director Beardsley presented a slide report entitled Public Works — Water Division: Proposed Water Rate Increase, May 1999. The slide presentation covered subjects including: • Water Bill Distribution • Capital Improvements • Projected Reserves — Current Rate • Increase in Expenses — non -discretionary • Increase in Expenses — discretionary • Proposed Rate: Water Usage (per billing unit) • Proposed Rate: Basic Single Family Residence %" Meter Charge • Typical Single Family Residence Bill Example • Projected Reserves — Proposed Rate • Proposed Rate: Projected Revenue and Expenditures • Multiple Dwelling Unit/Commercial Billing Equity • Recommendation: Revise rate structure and phase increases Discussion was held regarding the water bill broken down by the two recommended major components of the rate increases: 1) Water Usage and Meter Charge, and 2) Water Master Plan Surcharge. Water Operations Manager Jeff Renna distributed copies of the Request for Council Action, attachments, and 1995 City Council minutes regarding the Water Master Plan Capital Improvements Financing approved in 1995 the year of the last increase. City Administrator Silver stated that the proposed changes would require City Council adoption through the public hearing process. He informed Council that staff will return at the May 17, 1999 City Council meeting with a study to include a chart of rate increase comparisons with those of other cities. MOTION TO RECESS TO CLOSED SESSION The City Council recessed to closed session by consensus. (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: MSOA, POA, PMA, MEA, MEO, HBFA and SCLEA. (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 Michael Willett v. City of Huntington Beach, Workers' Comp Case No. 0069830, City Claim No. COHB 97-0211. Subject: Michael R. Willett v. City of Huntington Beach. (120.80) 459 Page 4 - Council/Agency Minutes — 05/03/99 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 Talbert and Beach v. City of Huntington Beach, United States. District Court Case No. SACV 96-969 AHS; 91h Cir. 97-55619. Subject: Talbert and Beach v. City of Huntington Beach. (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 Scottsdale Insurance Co. v. City of Huntington Beach - Orange County Superior Court Case No. 76 17 35. Subject: Scottsdale Insurance Co. v. City of Huntington Beach (120.80) RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING REPORT OF ACTION TAKEN AT CLOSED SESSION The City Attorney reported on actions taken by the City Council and Redevelopment Agency In Closed Session as Required By Law (Government Code §54957.1(a) (3) (B). Redevelopment Agency v. Mola Orange County Superior Court Case No. 77 25 15 (Redevelopment Agency) Closed Session — Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the agency is a party. The title of the litigation is Redevelopment Agency v. Frank Mola, - Orange County Superior Court Case No. 77 25 15. Subject: Redevelopment Agency v. Frank Mola. (400.50) The City Attorney announced that on April 5, 1999 Council in closed session had approved the settlement agreement regarding the matter of the Redevelopment Agency v. Mola collection matter and had authorized approval of all documents in open session. The vote was unanimous. (City Council) Report of Action Taken At Closed Session On February 1, 1999 Regarding Dahl v. City, et al — Orange County Superior Court Case No. 775726) (630.40) Settlement Agreement — Golden Eagle — Wiliam Landis — Goldenwest Partners — Release of Mello -Roos Funds — Ellis Avenue Water Line City Attorney Hutton reported that on February 1, 1999, the City Council authorized in closed session, by a 7-0 vote, that the City Attorney negotiate a settlement of the above entitled action. That settlement was accomplished through two separate agreements; one between the City, David Dahl and Golden Eagle Insurance Company, and a second between the City, William Landis and Goldenwest Partners. The essential terms of the settlement Agreement are: 1. Golden Eagle to install the Ellis Avenue water line. 2. Golden Eagle pays the city the estimated cost to install the final asphalt "lift" on Ellis Avenue in an amount to be determined by the Assistant City Engineer. This money will be retained in the city's interest -bearing account. The work will be completed in conjunction with PLC completing the north side of Ellis. EM Page 5 - Council/Agency Minutes — 05/03/99 3. The city would dismiss the case against Dahl and Golden Eagle, including waiving costs plus attorney's fees. 4. The city releases the remaining Mello -Roos funds (approximately $200,000) to Landis/Heritage Homes and they complete all the remaining Ellis/Goldenwest improvements, in connection with the development of the southeast corner of Ellis and Goldenwest. A motion was made by Dettloff, second Garofalo to approve and authorize the Mayor and City Clerk to execute the aforementioned agreements. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by Sarah Reinertsen, Women's World Marathon record holder. INVOCATION - By Kim Walker Christian Science Practitioner, First Church of Christ Scientist, Huntington Beach. CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA. Communication from the City Clerk revising page 8 of the agenda to reflect a typographical error on item E-7 from $98,000 to $9,800 5:00 p. m. Study Session regarding Proposed Water Fee Increase — A slide report titled Proposed Water Rate Increase dated May, 1999, also City Council minutes and staff report dated June 5, 1995 regarding Water Master Plan Capital Improvements Financing Pay As You Go Plan 5:00 p.m. Study Session with Investment Advisory Board — Investment Advisory Board Slide Report dated May 3, 1999. Investment Advisory Slide Report titled Joint Study Session — IAB/City Council, together with a document titled Update dated April 23, 1999 — Salomon, Smith Barney Communication from Gino J. Bruno, dated April 29, 1999 to Mayor Green citing various government codes relative to remarks made under Public Comments during the April 19, 1999 regarding the City Treasurer 461 Page 6 - Council/Agency Minutes — 05/03/99 City Treasurer's Slide Report titled Treasurers Report dated May 3, 1999 Communication from the Economic Development director dated May 3, 1999 — titled Blocks 104 and 105 Affordable Housing Plan - Agenda Item E-11 transmitting procedures and applicable legal requirements Communication from Robert Bolen, Chairman, Project Area Committee dated May 3, 1999 requesting an additional 30 days so that all members of the PAC may review and ask questions of staff regarding the downtown area Communication from Jim Martin dated May 3, 1999 titled Subject opposition to G-1 Amendment No.99-1 rezoning 20 lots on Pacific Coast Highway between 16th and 17t`' street Copy of slide presentation by Department of Public Works titled Street Sweeping Program dated May 3, 1999 Revised pages No. 2 and 3 of the proposed agreement between the city and Culver Amherst for Transit Advertising Services — Bus Shelter/Bus Benches PRESENTATION - By Mayor Peter Green to City Treasurer Shari Freidenrich presentation of a plaque from the California Municipal Treasurer's Association certifying Shari Freidenrich as a Certified California Municipal Treasurer (CCMT). CCMT is awarded to municipal treasurers who have completed specified requirements earned through individual effort and expertise. Requirements include education, experience and service requirements and the conferring of the title must be approved by the Board of Directors for the California Municipal Treasurer's Association. PRESENTATION - By Mayor Peter Green to Police Chief Ron Lowenberg and Officer Gil Coerper, a Proclamation, proclaiming the week of May 9-15 National Police Week and May 7, 1999 as "Peace Officers' Memorial Day'. PRESENTATION - By Mayor Peter Green to Ron Hagan, Community Services Director, Nora Webb, Senior Center Director, and Pat Davis, President, Council on Aging, a Proclamation proclaiming the week of May 9 —15 as Senior Center Awareness Week and inviting the community to participate in the "Step Out for Senior Centers" celebration on Saturday, May 15, 1999 at Rodgers Senior Center, Orange and 171h Streets, Huntington Beach. PRESENTATION - By Mayor Peter Green to Armando Berumen, Veterans Employment Representative, State of California a proclamation proclaiming the week of May 3 — 9 "Hire a Veteran" week. PRESENTATION - By Mayor Peter Green to Sarah Reinertsen, a Certificate of Commendation. Sarah holds the women's world marathon record for an above the knee amputee. PRESENTATION - By Mayor Peter Green to Akira Fukuda and Eric Fobor, Certificates of Commendation. Akira Fukuda, a Huntington Beach resident, is a third degree black belt in Japanese Shito-ryu Karate and a five -time national champion who hopes to represent the U.S. in Sydney, Australia. Eric Fobor is also a Huntington Beach resident and Akira Fukuda is Eric's instructor and mentor. Eric has received many awards and has qualified for the 1999 National Championship which will be held in July in Charleston, West Virginia. 462 Page 7 - Council/Agency Minutes — 05/03/99 PUBLIC COMMENTS KIM WALKER, Christian Science Practitioner, First Church of Christ Scientist Huntington Beach, extended an invitation to all to attend the Interfaith Prayer Breakfast. VIRGINIA SIMS, spoke on behalf of Elena Zagustin stating that the people should not refer to her as an Russian immigrant as this is very unkind. She stated that this woman is distraught and needs a kind word. She spoke regarding the Coke sponsorship agreement. DEAN ALBRIGHT, Bolsa Chica Land Trust, distributed material to Council — a copy of an article from the Orange County Register dated April 3, 1999 regarding toxic PCBs found in the Bolsa Chica Wetlands. He spoke regarding PCBs causing liver cancer and stated that a fence is now up at the Bolsa Chica Koll Company site. He stated he believed a public health official should check this site. GARY HAAS, Project Area Committee Member Main Pier Redevelopment Project Sub -Area, addressed Council regarding various aspects of membership on PAC (Project Area Committees). City Attorney Hutton reported on the matter at the request of Councilmember Harman. JEFFREY JOHNSON addressed Council regarding what he believes to be police misconduct and recommended that a police review board be formed. Mr. Johnson spoke regarding the type of police review board that should be established. SHERI KASABIAN, representing the Preservation Society of Huntington Dog Beach, informed Council of the improvements their organization has made to keep Dog Beach clean. Ms. Kasabian informed Council that they expect to raise $25,000 to re -invest in the continuing beach clean up. JIM MARTIN spoke in opposition to proposed Ordinance No. 3419 Zoning Redesignation of Pacific Coast Highway between 161h and 181h Streets appearing later on the agenda. Mr. Martin stated that the proposed revision is not consistent with the California Coastal Act or the Local Coastal Program. He presented additional reasons in opposition including the need for commercial zoning. (CITY COUNCIL/REDEVELOPMENT AGENCY) CITY ADMINISTRATOR'S REPORT REQUEST FOR LEGAL OPINION RE: PROCEDURE FOR PUBLIC COMMENTS (630.30) Mayor Green reported on his agenda item requesting a legal opinion concerning the conflict between freedom of speech, as guaranteed by the Constitution and the right for elected officials and staff to protect their good names and reputations. He stated that the City Attorney had not yet prepared the opinion and that he would bring this matter up when the report is ready. City Attorney Hutton stated that she is in the process of completing the report. 463 Page 8 - Council/Agency Minutes — 05/03/99 (CITY COUNCI LlREDEVELOPMENT AGENCY) DEFERRED TO MAY 17, 1999 - REPLACEMENT HOUSING PLAN FOR BLOCKS 104/105 — HUNTINGTON BEACH REDEVELOPMENT PROJECT — MAIN -PIER SUB -AREA — REDEVELOPMENT AGENCY RESOLUTION NO. 298 (410.20) City Administrator Silver announced that the aforementioned item will be continued to the May 17, 1999 Council meeting. (CITY COUNCIL) REVIEWED AND ACCEPTED CITY TREASURER'S MARCH 1999 INVESTMENT SUMMARY REPORT (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Report for March 1999. The City Treasurer presented a slide report. She referred to the late communication announced earlier in the meeting by the City Clerk titled Slide Report from the City Treasurer May 3, 1999. A motion was made by Harman, second Dettloff to accept the Monthly Investment Report for March, 1999 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) PUBLIC HEARING CONTINUED OPEN TO MAY 17, 1999 TO CONSIDER APPROVAL OF ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES . DEVELOPMENT AUTHORITY OF MULTI -FAMILY HOUSING REVENUE REFUNDING BONDS — RIVERMEADOWS APARTMENTS — 8945 RIVERBEND DRIVE — ARCHSTONE COMMUNITIES TRUST NW OF WARNER AVENUE AT MAGNOLIA STREET (330.30) Mayor Green declared the hearing open to consider approval of the issuance by the California Statewide Communities Development Authority multi -family housing revenue refunding bonds in the aggregate principal amount of Ten Million Dollars ($10,000,000), the proceeds of which will be applied to the refinancing of the acquisition and construction of a multi -family residential rental facility commonly known as the Rivermeadows Apartments (the "Project") located at 8945 Riverbend Drive in the City of Huntington Beach, California. The owner of the project is Archstone Communities Trust, a Maryland real estate investment trust. Legal notice as provided to the City Clerk's Office by staff had been published and posted. All those interested in matters related to the issuance of the revenue bonds are invited to attend and be heard at the meeting, which will commence at 7:00 p.m., and will be held in the Council Chambers, located at 2000 Main Street, Huntington Beach, California. If you have any questions regarding this matter, please call Lawrence Tonomura of the California Statewide Communities Development Authority, at (925) 933-9229. "ItI Page 9 - Council/Agency Minutes — 05/03/99 A motion was made by Garofalo, second Harman to continue the public hearing open to May 17, 1999 Council meeting. The motion carried unanimously. CONSENT CALENDAR — ITEMS REMOVED FOR SEPARATE DISCUSSION At the request of staff the following Consent Calendar items were removed from the Consent Calendar agenda for separate discussion. (City Council) Plans and Specifications — Advertisement for Bids — Huntington Beach Pier Buildings Project - CC-883 - Sample Contract and Adopt Resolution Nos. 99-29 and 99-30 Approving Application for Grant Funds (City Council) Two Agreements with Community Services Program, Inc. (CSP) - (1) Juvenile Diversion Program and (2) Gang Prevention and Intervention Services (City Council) Reimbursement Agreement with Hearthside Homes for Preparation of Response Letters to Comments on the Initial Study Checklist/Mitigated Negative Declaration for the Sandover Project — Tract No. 15734 — SW Corner of Bolsa Chica & Los Patos Drive (City Council) Agreement Between the City of Huntington Beach and Emmack Cronan Group, Inc. — Police Computer Aided Dispatch and Records Management System - CAD/RMS (City Council/Redevelopment Agency) - Replacement Housing Plan for Blocks 104/105 — Huntington Beach Redevelopment Project — Main -Pier Sub -Area — Adopt Redevelopment Agency Resolution No. 298 (410.20) — (Removed by the City Administrator earlier in the meeting) CONSENT CALENDAR ITEMS APPROVED On motion by Garofalo, second Dettloff Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None ABSTAIN: (Harman regarding Notice of Completion — Scenario Drive) (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency adjourned regular meeting of March 29, 1999 and approved corrected page 7 of the regular meeting of March 15, 1999, as written and on file in the Office of the City Clerk. (CITY COUNCIL) ACCEPTED THE COMPLETED STREET REPAIRS ON SCENARIO DRIVE - MSC-398 — KALBAN INC. - NOTICE OF COMPLETION (600.90) —Accepted the improvements completed by Kalban, Inc. on the repair/replacement of public improvements on Scenario Drive and authorize the City Clerk to file the Notice of Completion with the Orange County Recorder. Councilmember Harman abstained from voting on this item due to his ownership of property at this location. 465 Page 10 - Council/Agency Minutes — 05/03/99 (CITY COUNCIL) APPROVED LEASE AGREEMENT WITH OCEAN VIEW SCHOOL DISTRICT FOR LEASE OF LAKE VIEW CLUBHOUSE EVEN START FAMILY LITERACY PROGRAM (600.10) - Approved and authorized execution of the Lease Agreement Between The City Of Huntington Beach And The Ocean View School District for the lease of Lake View Clubhouse for a term to expire July 3, 2001 and authorized the Mayor and City Clerk to execute same. (CITY COUNCIL) APPROVED BUDGET APPROPRIATION FOR REPLACEMENT STREET TREE PLANTING (320.45) — Approved an appropriation of $15,000 from the Unappropriated General Fund Balance (Revenue Acct. #RAA54283200) to fund the purchase of replacement street trees when the cost of those trees are reimbursed by residents. (CITY COUNCIL) APPROVED BID AWARD AND CONSTRUCTION CONTRACT FOR THE GLENCOE AVENUE STREET IMPROVEMENTS TO - GMC ENGINEERING, INC. CC - 1081 - APPROVED SAMPLE CONTRACT (600.50) - 1. Approved the low responsive/responsible bid submitted by the GMC Engineering, Incorporated, for the Glencoe Avenue Street Improvements Project; 2. Authorized the Mayor and City Clerk to execute an appropriate construction contract in the amount of $305,540; and 3. Authorized the Director of Public Works to expend a total of $356,050, including the contract amount of $305,540, anticipated construction change orders of $30,554, and supplemental expenditures of $19,946. (CITY COUNCIL) APPROVED AMENDMENT NO. 1 TO AGREEMENT WITH JR CONSULTING ENGINEERS FOR INTERIM TRAFFIC ENGINEER SERVICES PUBLIC WORKS DEPARTMENT (600.10) —1. Approved Amendment No. 1 To The Professional Services Contract Between The City Of Huntington Beach And JR Consulting Engineers, Ltd. For Interim City Traffic Engineer Services; and 2. Authorized execution by the Mayor and City Clerk. CONSENT CALENDAR — ITEMS REMOVED FOR SEPARATE DISCUSSION (CITY COUNCIL) APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED ADVERTISEMENT FOR BIDS — HUNTINGTON BEACH PIER BUILDINGS PROJECT - CC883 - APPROVED SAMPLE CONTRACT AND ADOPTED RESOLUTION NOS. 99-29 AND 99-30 APPROVING APPLICATION FOR GRANT FUNDS (600.80) The City Council considered a communication from the Public Works Director recommending approval of plans and specifications and advertisement for bids for the Huntington Beach Pier Buildings Project — CC 883, together with adoptions of resolutions approving application for grant funds. In response to Councilmember Bauer, Community Services Director Hagan reviewed Attachment No. 3 to the Request for Council Action dated May 3, 1999. He reviewed the Pier Fund balance as it relates to the project. At the request of Councilmember Harman, he reported on the proposed time frame for replacing the restrooms on the beach. Councilmember Harman requested the City Administrator to take steps outlined by the Community Services Director to speed the process. In response to Councilmember Sullivan, Community Services Director Hagan reported on funding methods. He informed Council that there would be an upcoming time when a motion could be made to include the restrooms in Phase I — South Beach. 466 Page 11 - Council/Agency Minutes — 05/03/99 A motion was made by Harman, second Garofalo to approve the following recommended actions: 1. Approve plans and specifications, and authorize the Director of Public Works to solicit bids for construction of the Huntington Beach Pier Buildings Project, CC-883; 2. Approve the attached sample contract subject to award of contract to the lowest responsible/responsive bidder; 3. Adopt Resolution No. 99-29 - "A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds for Lifeguard Tower Zero."and 4. Adopt Resolution No. 99-30 - "A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds for Pier Restrooms." Councilmember Harman requested that the subject of including the restrooms in Phase I be brought to Council at the first meeting in June. The motion made by Harman, second Garofalo carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) APPROVED TWO AGREEMENTS WITH COMMUNITY SERVICES PROGRAM, INC. (CSP) - (1) JUVENILE DIVERSION PROGRAM AND (2) GANG PREVENTION AND INTERVENTION SERVICES (600.10) The City Council considered a communication from the Chief of Police recommending approval of two agreements with Community Services Program Inc., relative to Juvenile Diversion Program and gang prevention and intervention services. Councilmember Harman requested that the amount of money allocated for each agreement appear in the staff report as well as on the agenda. Councilmember Sullivan also requested that inclusion of the amount of funding on agenda items be set forth in the packet material and on the agenda. A motion was made by Harman, second Dettloff to approve the following recommended action: Approve and authorize the Mayor and City Clerk to execute the following two contracts to renew agreements between the city and Community Services Program, Inc. for Juvenile Diversion, and Gang Counseling Services: 1. Professional Services Contract Between The City Of Huntington Beach And Community Service Programs, Inc. (CSP) For Implementation And Management Of The Juvenile Diversion Program and 2. Professional Services Contract Between The City Of Huntington Beach And Community Service Programs, Inc. (CSP) For Gang Prevention And Intervention Services. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None 467 Page 12 - Council/Agency Minutes — 05/03/99 (CITY COUNCIL) APPROVED REIMBURSEMENT AGREEMENT WITH HEARTHSIDE HOMES FOR PREPARATION OF RESPONSE LETTERS TO COMMENTS ON THE INITIAL STUDY CHECKLIST/MITIGATED NEGATIVE DECLARATION FOR THE SANDOVER PROJECT — TRACT NO. 15734 — SW CORNER OF BOLSA CHICA STREET & LOS PATOS DRIVE (600.10) The City Council considered a communication from Planning Director Zelefsky recommending the approval of a reimbursement agreement with Hearthside Homes for preparation of response letters to comments on the initial study check list/mitigated negative declaration for the Sandover Project. Councilmember Harman stated that he believes this reimbursement agreement should be acted on at the same time as the appeal filed by the Bolsa Chica Land Trust is heard on the negative declaration. A motion was made by Harman, second Sullivan to continue this item until such time as the appeal filed by the Bolsa Chica Land Trust on the Negative Declaration is heard. Planning Director Zelefsky informed Council that this agreement constitutes reimbursement for work already done. Following discussion the motion made by Harman, second Sullivan was withdrawn. A motion was made by Harman, second Garofalo to approve the following recommended actions: 1. Approve the Reimbursement Agreement Between The City Of Huntington Beach And Hearthside Homes For Professional Planning Services With Hearthside Homes, as prepared by the City Attorney, subject to mutual agreement by the city and Hearthside Homes, and authorize the Mayor and City Clerk to sign; and 2. Appropriate funds in the amount of $9,800 in connection with the Reimbursement Agreement between the City of Huntington Beach and Hearthside Homes. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) APPROVED AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND EMMACK CRONAN GROUP, INC. — POLICE COMPUTE_ R AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM - CAD/RMS (600.10) The City Council considered a communication from the Chief of Police recommending approval of an agreement between the city and Emmack Cronan Group, Inc. relative to the police computer aided dispatch and records management system. Councilmembers Harman and Sullivan requested that the amount of money required for the contract be included in the packet material and on the Council agenda. Page 13 - Council/Agency Minutes — 05/03/99 A motion was made by Harman, second Dettloff to approve and authorize execution of the Professional Services Contract Between the City of Huntington Beach And Emmack Cronan Group, Inc. For Consulting Services For CAD/RMS System; and 2. Appropriate funds and authorize expenditures. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL/REDEVELOPMENT AGENCY) DEFERRED TO MAY 17, 1999 - REPLACEMENT HOUSING PLAN FOR BLOCKS 1041105 — HUNTINGTON BEACH REDEVELOPMENT PROJECT — MAIN -PIER SUB -AREA — REDEVELOPMENT AGENCY RESOLUTION NO. 298 (410.20) The aforementioned item was continued to the Council meeting of May 17, 1999. (CITY COUNCIL) DEFERRED FROM APRIL 19, 1999 - APPROVED AS AMENDED RECOGNITION AND SANCTION OF THE TURN OF THE CENTURY COMMITTEE EVENTS AS THE CITY'S OFFICIAL YEAR 2000 CELEBRATION (960.20) The City Council considered a communication from Community Services Director Hagan regarding recognition and sanction by the city of the proposed concept of the Turn of the Century Committee events as part of the City's Official Year 2000 Celebration. Community Services Director Hagan presented and distributed a slide report to the City Council titled Tum of the Century Year 2000 Celebration. The slide covered the Year 2000 Celebration themes; the events scheduled for each month of the year. Councilmember Sullivan expressed concern about city money involved in this plan. He stated that when it was first planned there was not to be city money at all and that it is now proposed to spend staff time costing approximately $10,000. He stated that the recommendation does not meet any of the criteria adopted by Council for unexpected expenditures. Councilmember Harman stated that he shared Councilmember Sullivan's concerns plus the concern of city exposure to liability from tours of factories and other events which are planned as the city is not supervising the events and the normal safeguards are not there. He requested comment from the City Attorney. City Attorney Hutton informed Council that she believes liability concerns are legitimate; that there are methods to avoid liability. She stated she believes safeguards could be negotiated if Council approves this action. Councilmember Dettloff spoke regarding the matter and questioned if the group could go through the city's Special Events process. Community Services Director Hagan responded. Councilmember Julien commented on the matter stating that the events on private property could have the city named as additional insured. M Page 14 - Council/Agency Minutes — 05/03/99 A motion was made by Garofalo, second Green to recognize the Turn of the Century Committee and to sanction the concept event outline planned as part of the city's official celebration of the year 2000. Councilmember Bauer stated that he shares the enthusiasm; however, the plans are too open- ended and not specific enough. He stated that if the safeguards mentioned by the Community Services Director were included in the agenda packet report he could vote for this item. He suggested that perhaps the city should hire someone to help in the project as it would be a tremendous strain on staff. A motion was made by Sullivan, second Harman to amend the previous motion as follows: that any additional expenditures, any waiving of fees, or providing of city services e.g., Fire Department, Public Works Department, Police Department come before the City Council. Further discussion was held. City Attorney Hutton spoke regarding the issue of liability. The motion to amend carried by the following roll call vote: AYES: Julien, Garofalo, Green, Dettloff, Harman, Sullivan NOES: Bauer ABSENT: None A motion was made by Garofalo, second Green to recognize the Turn of the Century Committee and allocate the staff time as set forth in the Request for Council Action (staff time not to exceed an average of five hours per week) dated May 3,1999. The motion including the amendment made by Sullivan, second Harmon, carried by the following roll call vote: AYES: Julien, Garofalo, Green, Dettloff NOES: Bauer, Harman, Sullivan ABSENT: None (CITY COUNCIL) APPROVED AS AMENDED - FRANCHISE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CULVER AMHERST LLC FOR TRANSIT ADVERTISING SERVICES RELATED TO THE PLACEMENT OF BUS SHELTERS/BUS BENCHES WITHIN THE PUBLIC RIGHT OF WAY (600.45) The City Council considered a communication from the Deputy City Administrator Barnard, Public Works Director Beardsley, City Attorney Hutton and Administrative Services Director Reetskin transmitting a ten-year term Franchise Agreement Between The City Of Huntington Beach And Culver Amherst LLC For Transit Advertising Services. Rich Barnard, Deputy City Administrator presented a staff report. He informed Council that the Culver Amherst Company and representatives are present to answer questions. He explained the word changes recommended by Mayor Green on revised page No. 2 and page No. 3 announced by the City Clerk earlier in the meeting. Mayor Green reported on his recommended two changes which are to enumerate the number of benches and shelters as well as the shelter/benches proceeding through the Design Review Board. Deputy City Administrator Barnard stated .that staff is comfortable with these revisions. 470 Page 15 - Council/Agency Minutes — 05/03/99 Consideration of the item was interrupted in order to move another item forward on agenda. MOTION TO REVISE ORDER OF AGENDA APPROVED A motion was made by Julien, second Dettloff to move the items forward on the agenda that Mayor Green had submitted relative to the Bus Bench Franchise and bus bench inspections. The motion carried unanimously. (CITY COUNCIL) APPROVED REQUEST FOR ANNUAL PERFORMANCE REPORT — BUS SHELTER/BUS BENCH FRANCHISE AGREEMENT (100.10) The City Council considered a communication from Mayor Green requesting that the City Administrator provide an annual report to the City Council on the performance of the bus shelter and bus bench contract based upon vendor provided information attested to by a certified public accountant. The information should include, but not be limited to, revenue to the city for bus shelters and separately for bus benches; number of bus shelters and bus benches installed; payments of amounts over minimum guarantee; on -time payment record; amount of performance bond in force and expiration date; amount of liability insurance in force; in -kind advertising provided to the city indicating where provided, what information displayed for the public, and how long it was posted. Such additional information that the City Administrator feels would be of interest to the City Council and to the public. A motion was made by Green, second Dettloff to direct that an annual report shall be provided to the City Council on the performance of the bus shelter and bus shelter contract. Councilmember Bauer requested clarification of the matter, stating that there are similar situations such as golf course franchises the city holds and he does not want to be punitive with one contract; however, he believes other vendors should be included and that thought should be given to this aspect. City Administrator Silver reported that the contract would be closely monitored. The motion made by Green, second Dettloff carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan NOES: Harman ABSENT: None (CITY COUNCIL) REQUEST FOR REPORT REGARDING BUS SHELTER & BUS BENCH INSPECTIONS — NO ACTION TAKEN (120.90) The City Council considered a communication from Mayor Green informing them there have been incidents in other cities where children have been injured or killed due to faulty installation of bus shelters and bus benches. 471 Page 16 - Council/Agency Minutes — 05/03/99 Mayor Green reported that in Florida a child had been electrocuted by faulty installation of bus bench shelters. He stated that if the Public Works Department should determine the necessity for an annual inspection of bus benches and bus shelters, that an inspection fee be established and paid annually by the vendor. A motion was made by Green, second Julien, to direct the City Adminstrator to determine if an annual inspection of bus shelters and bus benches should be made to insure safety. If such an inspection is deemed necessary, then a fee to recover the cost of inspection should be established. This fee would be paid annually by the vendor. City Administrator Silver stated that this will be part of the work of the full-time employee that is to be hired by the city in connection with this project; that the safety issue is more critical in this contract than whether the panels are in place. The motion made by Green, second Julien, was withdrawn. Continuation of item from page No. 28 — (CITY COUNCIL) APPROVED AS AMENDED — FRANCHISE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CULVER AMHERST LLC FOR TRANSIT ADVERTISING SERVICES RELATED TO THE PLACEMENT OF BUS SHELTERS/BUS BENCHES WITHIN THE PUBLIC RIGHT OF WAY (600.45) A motion was made by Garofalo, second Julien, to approve as amended by new pages No. 2 and 3, the ten-year Franchise Agreement Between The City Of Huntington Beach And Culver Amherst LLC For Transit Advertising Services and authorize execution by the Mayor and City Clerk. Mr. Culver representing Culver Amherst LLC informed Council that his company does accept the change. City Administrator Silver stated that the purview of the Design Review Board is set forth in the Huntington Beach Ordinance Code. The motion made by Garofalo, second Julien carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None CITY COUNCIL) APPROVED BID SPECIFICATIONS AND AUTHORIZED SOLICITATION OF BIDS TO REINSTATE "TWICE PER MONTH" STREET SWEEPING - M.S.C. 379 - APPROVED SAMPLE CONTRACT - APPROVED FUND TRANSFER (600.90) The City Council considered a communication from the Public Works Director regarding the reinstatement of "twice per month" street sweeping. Director of Public Works Beardsley presented a slide report titled Street Sweeping Program dated May 3, 1999 which had been announced earlier in the meting by the City Clerk. 472 Page 17 - Council/Agency Minutes — 05/03/99 Councilmember Julien presented an overview of the Managed Competition Committee's work which included such items as the contractors adhering to speed limits in accomplishing their work in order to guarantee that the same quality of work is done; insurance coverage, operator, and operator skill level. Councilmember Harman questioned what public relations activities will be done to ensure the community is aware of the program such as courtesy citations for a two month period. Don Noble, Maintenance Operation Manager reported on the public relations steps that will be taken including notices in the water billings. Councilmember Harman recommended that the water billings have inserts at least two or three times. Police Chief Lowenberg reported on the provisions for parking enforcement. A motion was made by Julien, second Garofalo to approve the following recommended actions: 1. Approve the bid specifications for the reinstatement of "twice per month" street sweeping and authorize the Director of Public Works to obtain competitive bids. and 2. Approve the attached Sample Contract subject to award of contract to lowest responsible bidder. and 3. Authorize the Director of Finance to transfer $60,000, from the unappropriated General Fund balance into the city`s Street Cleaning Program budget. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) RETURNED ORDINANCE NO. 3419 TO STAFF TO PREPARE AMENDMENT — ZONING TEXT AMENDMENT NO. 99-1/ZONING MAP AMENDMENT NO. 99-1 — DOWNTOWN SPECIFIC PLAN — REDESIGNATE PROPERTY ON PCH BETWEEN 16T" AND 18T" STREETS (440.50) The City Council considered proposed Ordinance No. 3419 - "An Ordinance of the City of Huntington Beach Amending the Downtown Specific Plan to Redesignate the Real Property Generally Located on Pacific Coast Highway between 16th and 18th Streets from Downtown Specific Plan District 1 (Visitor Serving Commercial) to Downtown Specific Plan District 2 (Residential) (Zoning Text Amendment No. 99-1 and Zoning Map Amendment 99-1)." A motion was made by Green, second Garofalo to adopt Ordinance No. 3419 after the City Clerk reads by title, approving Zoning Text Amendment No 99-1 and Zoning Map Amendment No. 99-1 with findings as outlined in Attachment No. 2 to the request for Council action dated May 3, 1999. 473 Page 18 - Council/Agency Minutes — 05/03/99 Findings for Zoning Text Amendment 99-1 / Zoning Map Amendment 99-1; 1. Zoning Text Amendment No. 99-1 and Zoning Map Amendment No. 99-1 to change the zoning on three half -blocks totaling 1.82 net acres from Downtown Specific Plan District 1 (Visitor -Serving Commercial) to Downtown Specific Plan District 2 Residential) is consistent with the objectives, policies, general land uses and programs specified in the General Plan Amendment No. 99-1 which is being processed concurrently. The land uses in the surrounding area are consistent with the proposed change in zoning and at the time of development, there will be appropriate infrastructure and services available to support residential development. 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The changes proposed would be compatible with uses in the vicinity which are residential and open space. 3. A community need is demonstrated for the change proposed. The changes would expand the opportunities for housing and address the needs of a growing population. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning text amendment and zoning map amendment will provide more opportunities for residents to live in close proximity to services and amenities while being consistent with the surrounding neighborhood. 5. The City Council has approved Negative Declaration No. 98-1 by resolution. The current project is covered under that Negative Declaration and this project will comply with the mitigation measures that were identified. Councilmember Sullivan questioned the properties on which agreements for covenants were and were not obtained. He questioned if the zone change could be established for those property owners who are in agreement with covenants and return to commercial designation the property of those owners who do not agree to the covenant. Considerable discussion was held regarding the manner in which the city could rezone or could not rezone property. The motion made by Green, second Garofalo was withdrawn. City Administrator Silver informed Council that the ordinance could be reintroduced to delete those properties whose owners do not agree to the covenant. Further discussion was held. Planning Director Zelefsky commented on Councilmember Dettloff's concern that an unwanted commercial project could result or a four-plex could be built. He reported that such development could be done; however, it would be problematic. 474 Page 19 - Council/Agency Minutes — 05/03/99 A motion was made by Sullivan, second Harman, that the Cather property, Landis property and the State of California property remain designated Visitor Serving Commercial, and that the zone change be made for the remaining properties. The motion carried by the following roll call vote: AYES: Bauer, Garofalo, Green Dettloff, Harman, Sullivan NOES: Julien ABSENT: None It was directed that the ordinance return for first reading when revised. A motion was made by Garofalo, second Green, to direct staff to report to Council on the process required to rezone the remaining visitor serving commercial properties to single family residential. The motion carried unanimously. Mr. Kelter addressed Council regarding the matter. (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3418 — AMENDING HUNTINGTON BEACH MUNICIPAL CODE 2.34.060 RELATING TO TERMS OF MEMBERS OF THE CITY PLANNING COMMISSION (640.10) —'An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Section 2.34.060 Thereof Relating to Terms of Members of the City Planning Commission." (Introduction, as amended, approved on April 19, 1999.) Councilmember Harman requested that a typographical error that he had brought to staff's attention at the previous meeting be corrected. The word commission should be commissioner. A motion was made by Harman, second Sullivan to adopt Ordinance 3418, after the City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3417 TO ESTABLISH A COMMUNITY FACILITIES DISTRICT, WATERFRONT PROJECT (640.10) —'An Ordinance of the City Council of the City of Huntington Beach Providing for the City of Huntington Beach Community Facilities District Financing Law Including General Provisions and Definitions, Powers and Procedures to Issue Community Facilities District Bonds for the Purpose of Providing Financing for Specified Purposes, and Certain Other Supplemental Provisions." (Introduction of Ordinance No. 3417 Approved on 4-19-99.) A motion was made by Garofalo, second Dettloff to adopt Ordinance No. 3417, after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None 475 Page 20 - Council/Agency Minutes — 05/03/99 (CITY COUNCIL) — APPROVED INTRODUCTION OF ORDINANCE NO. 3420 TO AMEND CODE TO UP -DATE DESCRIPTION OF LOCATION OF CIVIC CENTER DUE TO STREET NAME/BOUNDARY CHANGES (640.10) —"An Ordinance of the City of Huntington Beach Amending Chapter 1.12 of the Huntington Beach Municipal Code Pertaining to City Hall Location." A motion was made Garofalo, second Sullivan, to approve the introduction of Ordinance No. 3420, after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None ORDINANCES RELATING TO THE 1998 CALIFORNIA CONSTRUCTION CODES On May 17, 1999 a public hearing will be held on these ordinances prior to adoption. A motion was made by Garofalo, second Julien to approve introductions of Ordinance Nos. 3421 through 3430 by roll call vote after readings by titles by the City Clerk: (CITY COUNCIL) — APPROVED INTRODUCTION OF ORDINANCE NO. 3421 TO AMEND THE UNIFORM ADMINISTRATIVE CODE (640.10) - "An Ordinance of the City of Huntington Beach Amending Chapter 17.02 of the Huntington Beach Municipal Code Relating to the Uniform Administrative Code." CITY COUNCIL) — APPROVED INTRODUCTION OF ORDINANCE NO. 3422 TO AMEND THE BUILDING CODE (640.10) - "An Ordinance of the City of Huntington Beach Amending Chapter 17.04 of the Huntington Beach Municipal Code Relating to the Building Code." (CITY COUNCIL) — APPROVED INTRODUCTION OF ORDINANCE NO. 3423 TO AMEND THE HOUSING CODE (640.10) - "An Ordinance of the City of Huntington Beach Amending Chapter 17.08 of the Huntington Beach Municipal Code Relating to the Housing Code." (CITY COUNCIL) — APPROVED INTRODUCTION OF ORDINANCE NO. 3424 TO AMEND THE DANGEROUS BUILDING CODE (640.10) - "An Ordinance of the City of Huntington Beach Amending Chapter 17.12 of the Huntington Beach Municipal Code Relating to the Dangerous Building Code." (CITY COUNCIL) — APPROVED INTRODUCTION OF ORDINANCE NO. 3425 TO AMEND THE MECHANICAL CODE (640.10) -'An Ordinance of the City of Huntington Beach Amending Chapter 17.40 of the Huntington Beach Municipal Code Relating to the Mechanical Code." (CITY COUNCIL) — APPROVED INTRODUCTION OF ORDINANCE NO. 3426 TO AMEND THE PLUMBING CODE (640.10) - "An Ordinance of the City of Huntington Beach Amending Chapter 17.44 of the Huntington Beach Municipal Code Relating to the Plumbing Code." 476 Page 21 - Council/Agency Minutes — 05/03/99 (CITY COUNCIL) — APPROVED INTRODUCTION OF ORDINANCE NO. 3427 TO AMEND THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE (640.10) - "An Ordinance of the City of Huntington Beach Amending Chapter 17.46 of the Huntington Beach Municipal Code Relating to the Uniform Swimming Pool, Spa and Hot Tub Code." (CITY COUNCIL) — APPROVED INTRODUCTION OF ORDINANCE NO. 3428 TO AMEND THE ELECTRICAL CODE (640.10) - "An Ordinance of the City of Huntington Beach Amending Chapter 17.48 of the Huntington Beach Municipal Code Relating to the Electrical Code. " (CITY COUNCIL) — APPROVED INTRODUCTION OF ORDINANCE NO. 3429 TO AMEND THE SOLAR ENERGY CODE (640.10) - "An Ordinance of the City of Huntington Beach Amending Chapter 17.60 of the Huntington Beach Municipal Code Relating to the Solar Energy Code." (CITY COUNCIL) — APPROVED INTRODUCTION OF ORDINANCE NO. 3430 TO AMEND THE UNIFORM FIRE CODE (640.10) -'An Ordinance of the City of Huntington Beach Amending Chapter 17.56 of the Huntington Beach Municipal Code Relating to the Uniform Fire Code." The motion to approve introduction of the aforementioned ordinances and to direct that a public hearing by scheduled for May 17, 1999 was made by Garofalo, second Julien and carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) — APPROVED INTRODUCTION OF ORDINANCE NO. 3431 - MODIFY ADULT ENTERTAINMENT REGULATIONS (640.10) The City Council considered a communication from the City Attorney submitting proposed Ordinance No. 3431 regarding sex oriented businesses. A motion was made by Garofalo, second Julien to approve introduction of Ordinance No. 3431 after reading by title - "An Ordinance of the City of Huntington Beach Amending Chapter 5.70 of the Huntington Beach Municipal Code Relating to Sex Oriented Businesses." (Amends permit regulations for sex oriented businesses and sex oriented performers.) and to schedule a public hearing to establish a city fee schedule for sex oriented business permits and sex oriented performer permits. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None 477 Page 22 - Council/Agency Minutes — 05/03/99 CONTINUED INTRODUCTION OF ORDINANCE NO. 3432 — TO AMEND HUNTINGTON BEACH MUNICIPAL CODE RELATING TO INDECENT EXPOSURE (640.10) The City Council considered proposed Ordinance No. 3432 - "An Ordinance of the City of Huntington Beach Amending Chapter 9.36.010 of the Huntington Beach Municipal Code Relating to Indecent Exposure." Following discussion a motion was made Garofalo, second Julien to continue consideration of Ordinance No. 3432 to be considered in closed session as it would relate to a closed session item on May 24, 1999. The motion carried unanimously. (CITY COUNCIL) REQUEST GUIDELINES SETTING FORTH GOALS AND OBJECTIVES FOR THE ECONOMIC DEVELOPMENT COMMITTEE -APPROVED (460.35) The City Council considered a communication from Councilmember Harman regarding scope and purpose of the Economic Development Committee. Councilmember Harman presented reasons why he had placed this item on the agenda, citing some of the types of agreements which had gone through the Economic Development Committee which he believes should have first gone through the City Council. He stated the example of the bus bench/bus shelter contract which was very contentious. He spoke regarding the 31 acres of property on Pacific Coast Highway and Lake Street where he had heard that perhaps 20 or 30 story condominiums are proposed. He stated that a developer could believe only one more vote is needed for approval at the Council level due to the discussion at the Economic Development Committee level. He stated that perhaps it may be determined that the Economic Development Committee is not necessary. Councilmember Harman commented on the great amount of staff time involved with this committee. A motion was made by Harman, second Sullivan, to direct staff to return to the City Council within 30 days with a set of proposed guidelines setting forth the goals and objectives of the Economic Development Committee and a recommendation of the type of issues that should be submitted to the Economic Development Committee for their consideration. Mayor Pro Tern Garofalo commented on the matter. City Administrator Silver presented background information on the Economic Development Committee stating that he believes that the Economic Development Committee could be more defined. Councilmember Dettloff informed Council that she believes the Economic Development Committee is a valuable committee. She stated she will be supporting the motion and she does not believe contracts should be presented to that committee. The motion made by Harman, second Sullivan, carried unanimously. CITY POLICY TO BE REVIEWED REGARDING PROLIFERATION OF PLASTIC CONTAINERS ON CURBS (120.90) Mayor Pro Tern Garofalo requested the City Administrator to review the city's policy regarding containers on curbs as he has observed a proliferation of plastic containers on curbs which contains give-aways related to job announcements and other materials. Page 23 - Council/Agency Minutes — 05/03/99 CITY ADMINISTRATOR TO REPORT INTEGRATED INFRASTRUCTURE MANAGEMENT PROGRAM CALENDAR OF EVENTS ON SCHEDULE (120.90) Mayor Pro Tem Garofalo requested the City Administrator to report if the Integrated Infrastructure Management Program Calendar of Events is proceeding on schedule. CITY ADMINISTRATOR AND CITY ATTORNEY TO DETERMINE PROJECT AREA COMMITTEE DISCLOSURE REQUIREMENTS (120.90) Councilmember Harman requested that City Administrator Silver and City Attorney Hutton assign the issue of whether the Project Area Committee members must file City Economic Disclosure Forms the highest priority. This matter had been discussed by a Project Area Committee member during the Public Comments portion of the Council meeting. Councilmember Sullivan stated that it appears that the Project Area Committee requirement to file Economic Disclosure statements and the law appear to be in conflict. FOURTH OF JULY RUN PAMPHLET — TOMMY HILFIGER (960.30) Councilmember Sullivan commented on the Tommy Hilfiger Fourth of July Run pamphlet distributed at the meeting and commended the fact that the City of Huntington Beach is included in its advertisement. ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY A motion was made to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Saturday, May 15, 1999 at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk 4�� City Oerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor/Chairman