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HomeMy WebLinkAbout1999-05-17MINUTES CITY COUNCIL/REDEVELOPMENT 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, May 17, 1999 An audiotape recording of the 5:00 p.m. portion of this meeting and a videotape 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 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 COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff Absent: Harman, Sullivan ROLL CALL — CITIZEN'S PARTICIPATION ADVISORY BOARD The City Clerk called the roll of the Citizen's Participation Advisory Board. Present: Dean Allison, Chair, Richard Armendariz, Stan Cohen, Lorraine DeMers, Mary Jo Jeffes, Jeff Lebow, Jim Moreno, Roy Richardson, Alan Thatcher, Diane Thomas, Charles Tyler Absent: Stephen Garcia, Judith Lewis, Floyd Phillips, Phil Zisakis PUBLIC COMMENTS REGARDING STUDY SESSION & CLOSED SESSION AGENDA ITEMS JEFF LEBOW, Citizen's Participation Advisory Board Member, addressed Council regarding what he believes is the potential risk from the Section 108 HUD loans. He stated that $250,000 will be taken for the city pool and gym. Mr. Lebow stated that something should have been put in place to help future low and moderate income people. He disagreed with the fee for service procedure for use of the city pool and gym. Mr. Lebow stated that youth, unemployed, handicapped, and senior persons were the "narrow group" which had been referred to during the previous Council meeting. He spoke regarding his disappointment with the City Council decision and requested reconsideration by Council. CHUCK SCHEID requested that Council take steps toward the city taking responsibility for the Bluff Top Park/Below Bluff Parking and Camping Master Plan. He presented reasons why he did not believe a 10' width would accommodate the awnings overhanging the path. 491 Page 2 - Council/Agency Minutes—05/17/99 (CITY COUNCIL/REDEVELOPMENT AGENCY) STUDY SESSION REGARDING BLUFF TOP PARK/BELOW BLUFFS PARKING AND CAMPING MASTER PLAN (See agenda item listed on 7:00 p.m. portion of meeting) (920.20) The City Council considered the issue of the Bluff Top Park/Below Bluff Parking and Camping Master Plan. This subject is also scheduled during the 7:00 p.m. portion of the Council meeting. Community Services Director Hagan presented a staff report using the slide report that he had. distributed at the study session. In response to Councilmember Dettloff, the Community Services Director reported on the provisions of the operating lease between the city and the State of California Department of Recreation stating that the term of the lease expires in 2027. City Administrator Silver and Community Services Director Hagan clarified the slide dealing with Pacific Coast Highway replacement parking plan as it relates to downtown redevelopment projects. The slide report relative to the annual operating and maintenance agreement with the state as it pertains to the change in the amount of money was discussed. (CITY. COUNCIL/REDEVELOPMENT AGENCY) JOINT STUDY SESSION BETWEEN CITY COUNCIL AND CITIZEN'S PARTICIPATION ADVISORY BOARD — DISCUSSION REGARDING COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS (340.70) The City Council considered a communication from the Economic Development Director transmitting a matrix titled 199912000 CDBG Applications Summary showing CDBG applications received and the recommendations of the Citizen's Participation Advisory Board (CPAB), staff, and City Council Liaisons to the Citizens Participation Advisory Board. Economic Development Director Biggs reviewed the 199912000 CDBG Applications Summary dated May 10, 1999 which had been presented in the City Council Agenda packet. He informed Council that on most items the city staff and Citizen's Participation Advisory Board are in agreement. Economic Development Director Biggs reviewed the areas in which they are not in agreement. Mayor Pro Tem Garofalo and Councilmember Dettloff spoke regarding their service as Council liaison members to the Citizen's Participation Advisory Board. DEAN ALLISON, Citizen's Participation Advisory Board Chair, reviewed some of the recommendations. Jeff Lebow, Citizen's Participation Advisory Board member, recommended that the Shelter for the Homeless be looked at again for funding. STAN COHEN spoke regarding the Council meeting at which Citizen's Participation Advisory Board Member Armendariz spoke in opposition to spending money on the city gym and pool as it is a 20 year commitment. Mr. Cohen stated that the Citizen's Participation Advisory Board supports Mr. Armendariz' position on the city gym and pool and that Councilmember Harman's belief that Mr. Armendariz was incorrect is not correct. Economic Development Director Biggs reported on the financial structure of the Section 108 HUD loans. Discussion was held among the City Councilmembers, the Citizen's Participation Advisory Board members and staff regarding various recommended allocations including sewer repairs and the OCTA Senior Transportation Program. Discussion was held regarding the monetary pledges from businesses to fund the day laborer job center. 492 05/17/99 - Council/Agency Minutes- Page 3 Councilmember Bauer stated that he takes issue with the statement of CPAB member Lebow regarding Council being insensitive toward members of the community. Councilmember Bauer listed areas which he believes support his contention. MOTION TO RECESS TO CLOSED SESSION A motion was made by Garofalo, second Julien to recess the City Council to closed session to consider the following items. The motion carried unanimously with Councilmembers Sullivan and Harman absent. (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 Brindle and Thomas v. City of Huntington Beach — Orange County Superior Court Case No. 75 02 03. Subject: Brindle and Thomas v. City of Huntington Beach. (120.80) (City Council) Closed Session — City Council pursuant to government Code Section 54956.8 to give instructions to the Agency's negotiators, Melanie Fallon, David Biggs, and Murray Kane, regarding negotiations with John Givens and Shaul Kuba, CIM Group, LLC. Concerning the sale and/or lease of the property located at Block 104 & 105; bounded by PCH, Main Street, Walnut & 61h Street. Instruction will concern: both price and terms of payment. Subject: Real Property Negotiations Blocks 104 & 105 an area bounded by PCH, Walnut, Main & 6ch Street in the City of Huntington Beach. (450.80) RECONVENE The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:00 p.m. The City Attorney reported that there were no actions taken by the City Council or Redevelopment Agency in closed session that require a reporting on those actions as required by law (Government Code Section §54957.1(a) (3) (B)). CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan Absent: Harman FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by Boy Scout Webelos Pack 1450, Dragon Patrol, Steve Machado, Cub Master and Den Leader and Ed Duell, Assistant Cub Master and Den Leader. 493 Page 4 - Council/Agency Minutes—05/17/99 INVOCATION The Invocation was offered by a member of the Boy Scout Webelos Pack 1450. DEDICATION OF COUNCIL MEETING "IN MEMORY OF DANIEL E. BRUENING" Councilmember Sullivan reported the passing of city employee Dan Bruening. He extended his sympathy to the family. Councilmember Sullivan spoke regarding what a good person Dan was and how valued he was by all who knew him and who worked with him. He stated that Dan will be very much missed. Mayor Green announced that this Council meeting is dedicated to the memory of Daniel E. Bruening. 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 which had been received following distribution of the agenda and which relate to items on the agenda: Study Session regarding Bluff Top Parking/Below Bluffs Parking and Camping Master Plan — a slide report Slide show presentation from the Economic Development Director dated May 17, 1999 titled Rivermeadows Apartments Slide report from Department of Public Works titled Proposed Water Rate Increase Slide show presentation from the Economic Development director dated May 17, 1999 titled Huntington Breakers Apartments Communication from the City Attorney titled Agenda Item F-2; Councilmember Ralph Bauer's H Item — City Council Meeting, May 17, 1999 Slide show presentation from the Economic Development Director dated May 17, 1999 titled City of Huntington Beach Housing Plan — Blocks 104 and 105 Communication from the Economic Development Director dated May 17, 1999 titled Project Area CommitteeBlocks 1041105 Replacement Housing Plan with attachments Slide report from Community Services Department titled Community Services Department — Cultural, Historic, and Events Services Division — Huntington Beach Art Center Apartment Association of Orange County, Water Rate Presentation by Alan Douger titled Sheet 1— Huntington Beach May 1999 Water Rate Structure — Comparison of Current with Proposed 05/17/99 - Council/Agency Minutes- Page 5 PRESENTATION — By Mayor Peter Green to Bob Beardsley, Director of Public Works, Ron Hagan, Director of Community Services, Bob Eichblatt, City Engineer, and Doug Stack, Civil Engineer Associate, by James Biery, Director of Public Works, City of South Gate, and Board of Directors of the American Public Works Association, presenting three awards at the Annual "Program of the Year" Awards luncheon of the Southern California Chapter of the American Public Works Association. 1) Parks Improvements Category — The Pier Plaza 2) Transportation Capacity Improvement Category — The Traffic Signal Master Control System. 3) Creative Financing Category — "Calcoast" PRESENTATION — By Mayor Peter Green to Fran Andrade, Oak View School Community Liaison - a Certificate of Commendation recognizing 30 years of service to the Oak View Community. PRESENTATION — by Mayor Peter Green to Captain Steve Seim and Michael Bartlett, Huntington Beach Marine Safety Officer and President of the Huntington Beach Surf Lifesaving Association and Public Education Liaison - a proclamation proclaiming May 24-31 National Beach Safety Week. PUBLIC COMMENTS BILL VERHAEGEN, Huntington Beach Playhouse Member, spoke on behalf of the art center item on the agenda. He requested that all of the cultural groups be considered in Council's deliberations on this item. He informed Council that the Huntington Beach Playhouse would like to offer their expertise to other groups as they have been in the black in their operating budget. He stated that he would be glad to share their membership list. HELEN SPENCER, Chairperson of the Allied Arts Boards, reported that their board had reviewed the proposal for the item on the agenda relative to the reorganization of the Cultural Events Services Division and the modified staffing structure for the Huntington Beach Art Center. She informed Council that the Allied Art Board concurs with the staff recommendation and recommends that the relocation be temporary and the Art Center have its own director. ANNE CRAWSHAW, representing approximately 71 neighbors, requested additional stop signs at Marilyn Drive and Cooper Lane and at Marilyn Drive and Marie Lane. She spoke regarding the accidents occurring near her home and stated that there are at least seven small children who are confined to their yards because it is dangerous to cross the street, and it is dangerous for adults also. JUDI R. PRIVETTI spoke regarding an accident that she did not believe had to have happened if there had been a stop sign; that if a person had been on the sidewalk they may have been killed. She spoke regarding her contact with the city's traffic department. She spoke regarding previous accidents, one of which was fatal. Ms. Privetti requested that Council take a proactive approach in this matter. She handed a copy of her petition to the City Clerk listing approximately 73 signatures of residents of Marilyn Drive and Cooper Lane requesting stop signs at Marilyn Drive and Cooper Lane and at Marilyn Drive and Marie Lane. Attached to the petition were 8 letters signed by a total of 12 residents on Cooper Lane and Marilyn Drive requesting stop signs at these and at additional corners on Cooper Lane. Mayor Green requested that the Director of Public Works meet with Ms. Crawshaw and Ms. Privetti. 495 Page 6 - Council/Agency Minutes—05/17/99 JEFF JOHNSON spoke regarding the need for a police review board ANNETTE BERMAN spoke regarding the Rows N and 0 at the Huntington Central Park Equestrian Center and the loss of horse trailer space at the center. Ms. Berman spoke regarding building of additional stalls and the need for parking. MITCH BROOKHYSER spoke regarding two trees which have caused root and other types of damage to his home on Lake Street. He spoke regarding his contact with the city's tree division stating that the matter had not been resolved. He described what the photographs depicted which he had distributed to the City Council. BOB KAKUK invited the Councilmembers, city employees, and the people of Huntington Beach and surrounding communities to the Huntington Beach Memorial Day Observance Ceremony. He addressed Council regarding the forthcoming event. He spoke regarding the meaning of Memorial Day. ROBERT CRONK addressed Council regarding the notification to the Crest View residents by the city relative to the Wal-Mart project. He displayed signs used by Crest View United to inform the residents of the various meetings to be held. He objected to the city's removal of these signs. MIKE NELSON stated that the signs erected by Crest View United were removed by the Police Department or other persons representing the city. He questioned if these actions limited public participation. He referred to garage sale signs which remain without removal as well as election campaign signs. He questioned what action Council is going to take on this matter. BARBARA BOSKOVICH requested that the Crest View school site be rezoned back to residential, low density. She stated that enough signatures had been collected to put the issue on the ballot. THERESA ROBERTS, Crest View United, addressed Council regarding an article in the Huntington Beach Independent regarding city rules on sex -oriented businesses in the city. She stated her concern regarding an all nude juice bar to open across the street from the Crest View School site. Ms. Roberts spoke regarding Mayor Pro Tern Garofalo's comments regarding the consequences, such as drug use, prostitution, molestation, and rape which result from such businesses. She spoke regarding the hearing at which it was made clear that rezoning would result in allowing the nude juice bar. BARBARA WALLACE spoke in support of the agenda item regarding the transferability of 15 Pacific Park Villas down payment assistant loans. She requested Council approval of this item. She thanked Gus Duran, Housing and Redevelopment Manager for his speedy assistance. SYLVIA CALDWELL addressed Council regarding the importance of horse trailer storage at the Huntington Central Park Equestrian Center and the requirement for immediate accessibility to transport her horse when rescue/search is necessary. Ms. Caldwell suggested for those residents who find the horse trailers unsightly that a visual barrier fence could be utilized. DON MCGEE spoke -regarding the noise from the airplanes flying over the beach advertising cars or pizzas. He stated these airplanes cause noise and could possibly drop items on people below which could cause a lawsuit to the city. . lot 05/17/99 - Council/Agency Minutes- Page 7 FRED ZACHARY spoke regarding what he believes is the need for a police review board. GERALD CHAPMAN distributed material regarding the -agenda item recommending approval of the reorganization of the Cultural and Events Services Division and modified staffing structure of the Huntington Beach Art Center. The material he distributed included a Request for Council Action document dated March 2, 1998, together with a communication written by the Community Services Director on May 4, 1999 to Shelly Libertos, Esq. regarding the matter. Mr. Chapman recommended an audit be done of the art center and that the art center be supported by the City Council. COMMENTS FROM COUNCIL IN RESPONSE TO PUBLIC COMMENT SUBJECTS Councilmember Sullivan spoke regarding the plans of the nude juice bar applicant to reduce the footage of the building to conform to the footage distance required from a school site. Mayor Green requested the Police Chief to report on the matter brought to Council's attention during public comments regarding the removal of signs at the Crest View Site. City Attorney Hutton reported on the law as it pertains to allowing the nude juice bar. She reported on provisions of the city's new ordinance relative to the subject. City Attorney Hutton stated that there are sociological studies showing that where adult businesses go in in concentrations, some of the bad effects described by Mayor Pro Tem Garofalo occur. She stated that this information was information made available to the public, as well as to the Council when they were considering the modification of the location of where adult businesses would be placed. At Mayor Pro Tem Garofalo's request, the City Attorney to confirm his understanding that there is no relationship between the pre-existing zoning at the Crest View site or the new zoning at the Crest view site, as it relates to whether or not the nude juice bar has a legal right to open at its present location. Mayor Pro Tem Garofalo requested that Jeff Johnson put in writing the concerns that he expressed during the Public Comments portion of the meeting. Mayor Pro Tem Garofalo also requested that a memorandum be written on the issue of the trailers at the Huntington Central Park Equestrian Center. Councilmember Bauer requested the City Attorney.comment on the financial penalties and litigation that might arise in prohibiting legal activities such as sex -oriented businesses. (CITY COUNCIL) PUBLIC HEARING - APPROVED ADOPTION OF RESOLUTION NO. 99-31 APROVAL OF ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF MULTI -FAMILY HOUSING REVENUE REFUNDING BONDS — RIVERMEADOWS APARTMENTS — 8945 RIVERBEND DRIVE — NORTHWEST OF WARNER AVENUE AT MAGNOLIA STREET - ARCHSTONE COMMUNITIES TRUST - (330.30) Mayor Green announced this was a continuance of public hearing opened on May 3, 1999 to consider approval of the issuance by the California Statewide Communities Development Authority of 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, Huntington Beach. 497 Page 8 - Council/Agency Minutes—05/17/99 The owner of the project is Archstone Communities Trust, a Maryland real estate investment trust. All those interested in matters related to the issuance of the revenue bonds are invited to attend and be heard at the meeting. If you have any questions regarding this matter, please call Lawrence Tonomura of the California Statewide Communities Development Authority. Economic Development Director Biggs presented a staff report. Earlier in the meeting, the City Clerk had announced that the communication titled Rivermeadows Apartments dated May 17, 1999 had been provided to the City Council. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Garofalo, second Dettloff to approve the following action: Adopt Resolution No. 99-31 — "A Resolution of the City Council of the City of Huntington Beach Approving the Issuance of Multifamily Housing Revenue Refunding Bonds by the California Statewide Communities Development Authority and Approving the Execution and Delivery of a Second Supplemental Indenture of Trust and a Second Amendment to Loan Origination and Servicing Agreement in Connection Therewith." The motion carried by the following roll call vote: AYES: Bauer, Garofalo, Green, Dettloff Sullivan (Julien absent from room) NOES: None ABSENT: Harman (CITY COUNCIL) PUBLIC HEARING — APPROVED ADOPTION OF THE STATE OF CALIFORNIA CODES — HOUSING/BUILDING/ADMINISTRATIVE/MECHANICAL/PLUMBING/ABATEMENT OF DANGEROUS BUILDINGS/SOLAR ENERGY/SWIMMING POOL, SPA, HOT TUB/ELECTRICAL CODE — APPROVED ADOPTION OF ORDINANCE NOS. 3421 THROUGH 3429 AND ADOPTED FINDINGS OF FACT (640.15) Mayor Green announced this was the time for a public hearing to consider the adoption of the State of California Codes — Ordinances of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by repealing Chapters 17.02, 17.04, 17.08, 17.12, 17.40, 17.44, 17.46, 17.48 and 17.60 and adding thereto new Chapters 17.02, 17.04, 17.08 17.12, 17.40, 17.44, 17.46, 17.48 and 17.60 to adopt the Uniform Administrative Code, 1997 edition, California Building Code, 1998 edition, Uniform Housing Code, 1997 edition, California Mechanical Code, 1998 edition, California Plumbing Code, 1998 edition, Uniform Code for Abatement of Dangerous Buildings,_ 1997 edition, Uniform Solar Energy code, 1997 edition, Uniform Swimming Pool, Spa and Hot Tub Code, 1997 edition, and the California Electrical Code, 1998 edition. Legal notice as provided to the City Clerk's Office by staff had been published and posted. Slide report prepared by the Building & Safety Department, dated May 17, 1999 titled Adoption of the 1998 California Construction Codes was included in the Council packet. 09 05/17/99 - Council/Agency Minutes- Page 9 The City Council approved introduction of these ordinances at the May 3, 1999 Council meeting. At least one copy of each code together with a copy of each ordinance is on file in the Office of the City Clerk for inspection by the public. Mayor Green declared the hearing open. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Sullivan, second Garofalo to adopt Ordinance Nos. 3421 through 3429, by roll call vote, after the City Clerk reads each ordinance by title as follows: (1) (City Council) — Approve Adoption 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." (2) (City Council) — Approve Adoption 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." (3) (City Council) — Approve Adoption 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." (4) (City Council) — Approve Adoption 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." (5) (City Council) — Approve Adoption 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. " (6) (City Council) — Approve Adoption 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." (7) (City Council) — Approve Adoption 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." (8) (City Council) — Approve Adoption 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." 499 Page 10 - Council/Agency Minutes—05/17199 (9) (City Council) — Approve Adoption 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, "and (10) Adopt Findings of Fact in Attachment 3, pursuant to Health and Safety Code Section 17958.7 relating to the California Construction Codes and Uniform Codes. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan NOES: None ABSENT: Harman (CITY COUNCIL) PUBLIC HEARING - ADOPTED 1997 EDITION OF THE UNIFORM FIRE CODE AND SUPPLEMENTS THERETO —ADOPTED ORDINANCE NO. 3430 AND ADOPTED FINDINGS OF FACT (640.15) Mayor Green announced this was the time for a public hearing to consider adoption of Ordinance No. 3430 — "An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by repealing Chapter 17.56 and adding thereto a new Chapter 17.56 to adopt the Uniform Fire Code, 1997 edition, including Appendices I -A, 1- B, I-C, II-C, 11-D, II-E, 11-F, 11-H, 11-J, 111-A, III-C, and IV -A, the 1998 Uniform Fire Code Supplement and the California Fire Code, 1998 edition." A copy of the Uniform Fire Code, 1997 edition, including Appendices I -A, I-B, I-C, II -A, II-C, II-D, II-E, 11-F, II-H, II-J, III -A, III-C, and IV -A, the 1998 Uniform Fire Code, 1998 edition is on file in the Office of the City Clerk for inspection by the public.. A copy of the proposed Ordinance is on file in the Office of the City Clerk for inspection by the public. All interested persons are invited to attend said hearing and express opinions or submit evidence for or against the proposed ordinance. If there are any further questions, please call the Fire Department. Direct your written communications to the City Clerk. The City Council approved introduction of this ordinance at the May 3, 1999 Council meeting. Legal notice as provided to the City Clerk's Office by staff had been published and posted. Duane Olson, Fire Department Division Chief, presented a staff report. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Garofalo, second Green to approve the following actions: 1. Following reading by title, adopt Ordinance No. 3430, "An Ordinance of the City of Huntington Beach Amending Chapter 17.56 of the Huntington Beach Municipal Code Relating to the Uniform Fire Code." and 500 05/17/99 - Council/Agency Minutes- Page 11 2. Adopt Findings of Fact in Attachment 6, (to the Request for Council Action) pursuant to Health and Safety code Section 17958.7 relating to Uniform Fire Code. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan NOES: None ABSENT: Harman (CITY COUNCIL) PUBLIC HEARING - APPROVED INCREASE IN WATER USE RATES FOR FISCAL YEAR 1999-2000 — APPROVED ADOPTION OF RESOLUTION NO. 99-33 — ADJUSTING WATER RATES/STRUCTURE —APPROVED ADOPTION OF RESOLUTION NO. 99-34 — ESTABLISHING THE SURCHARGE UNDER THE HUNTINGTON BEACH WATER MASTER PLAN (1000.20) Mayor Green announced this was the time for a public hearing for the purpose of considering increasing the water basic rate charge and usage rates charged by the city Water Department. Revisions to Water Department rates are required to provide sufficient additional revenue to fund the increased cost of water purchased by the City for delivery to the public and to perform necessary repairs and maintenance to the water system. Rates have not been revised since 1995. A complete report on the proposed water rate increase is available for review by the public beginning May 6, 1999 at the City Clerk's Office. Legal notice as provided to the City Clerk's Office by staff had been published and posted. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council. Slide Report from the Department of Public Works titled Proposed Water Rate Increase. Communication dated May 13, 1999 received from Eileen Murphy in opposition to the increase. Communication from the Apartment Association of Orange County dated May 13, 1999 in opposition to the increase. Communication from A & M Properties dated May 10, 1999 questioning certain provisions of the revised structure. All interested persons especially senior citizens and handicapped individuals are invited to attend the hearing on water use rates, to express their opinions for, or against, each proposal with written or oral comments. Written communications to the City Council also may be mailed to the City Clerk. Further information may be obtained from the Office of the City Clerk. A staff report was presented by the Director of Public Works Beardsley. Councilmember Sullivan expressed concern that Huntington Beach fees are higher than those of other cities. 501 Page 12 - Council/Agency Minutes—05/17/99 City Administrator Silver and Administrative Services Director Reekstin reported on the financial history of the city water service including the MSI consultant study that had been performed several years ago. Further discussion was held between the City Council and staff. Mayor Green declared the hearing open. DEAN ALBRIGHT spoke in opposition to the rate increase. He read sections of the ordinance code regarding the percentages of Water Funds to be placed in the General Fund. ALAN DAUGER, Apartment Association of Orange County, made a slide presentation. The slide presentation included showing that apartments had been charged too much in the past. A copy of Mr. Dauger's presentation was provided to the City Clerk. DAVID CORDERO, Apartment Association of Orange County, Director of Public Affairs, spoke in opposition to the proposal and requested that the Apartment Association of Orange County be allowed to present recommendations to the Council. SUSAN CONVOY, Apartment Association of Orange County, referred to the slide showing where the 232 unit apartment building is represented. She stated her opposition to the increase that will have to be passed to the residents. She requested a continuation of the matter. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the hearing was closed by the Mayor. Public Works Director Beardsley distributed a document titled Expenditure Priorities dated May 17, 1999. This communication was provided to the City Clerk and displayed as a slide report. The Public Works Director reported on this document. Considerable discussion was held. Councilmember Bauer spoke regarding the need for adequate Water Fund resources which will help prevent catastrophes such the water tank spill in the city of Westminster, and fire damage in the city of Laguna Beach. He spoke further regarding the history of the water rate fees. Councilmember Bauer reviewed potential problems, sources of city water, salt water intrusion necessitating injection wells, the need to drill additional wells and the need for the Cypress water well. Further discussion was held. A motion was made by Sullivan, second Julien to continue decision on the adoption of Resolution Nos. 99-33 and No. 99-34 to the June 21, 1999 Council meeting. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Sullivan NOES: Dettloff ABSENT: Harman 502 05/17/99 - Council/Agency Minutes- Page 13 City Council Ad Hoc Committee On Water Rates Issue Formed — Councilmembers Deffloff/Garofalo/Sullivan The Mayor with concurrence of Council formed a City Council Ad Hoc Committee consisting of Councilmembers, Dettloff, Garofalo, and Sullivan. Staff Directed to Return with Report Re: Annual Water Rate Increase Formula A motion was made by Garofalo, second Sullivan to direct staff to return in no more than six months with the feasibility (pros and cons) of a formula, similar to the refuse formula, to direct the city toward a formula for the increase in the water rate on an annual basis. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan NOES: None ABSENT: Harman RECESS — RECONVENE Mayor Green announced a 10 minute recess of Council at 10:40 p.m. The meeting reconvened at 10:50 p.m. A motion was made by Garofalo, second Julien to conduct a public hearing on Resolution No. 99-35 and to ask the City Administrator which items Council action is needed at this meeting and to delay the other remaining items to the next meeting. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Sullivan NOES: Dettloff ABSENT: Harman (CITY COUNCIL) PUBLIC HEARING — ADOPTED RESOLUTION NO. 99-35 — APPROVED DOCUMENTS FOR THE REISSUANCE OF $16,000,000 HUNTINGTON BEACH VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (HUNTINGTON BREAKERS PROJECT — 21270 BEACH BOULEVARD — FREDDIE MAC CREDIT ENHANCED) 1999 SERIES A (330.30) Mayor Green announced this was the time for a public hearing to consider the approval of the reissuance by the City of Huntington Beach of its Variable Rate Demand Multifamily Housing Revenue Bond (Huntington Breakers Project - Freddie Mac Credit Enhanced) 1996 Series A in an amount not to exceed $16,000,000, originally issued for the purpose of assisting in the . refinancing of the acquisition, construction and development of a multifamily rental housing development in the City of Huntington Beach (the "Project"). The Project consists of 342 units and is located at 21270 Beach Boulevard. The owner of the Project is Huntington Breakers Apartments, Limited, a California limited partnership. All those interested in matters related to the issuance of said bonds are invited to attend and be heard at the public hearing. If you have any questions regarding the public hearing please contact Stephen Kohler, Project Manager, Economic Development Department. 503 Page 14 - Council/Agency Minutes—05/17/99 Legal notice as provided to the City Clerk's Office by staff had been published and posted. Economic Developer Biggs presented a staff report referring the slide show presentation titled Huntington Beach Breakers Apartments date May 17, 1999 which had been announced earlier in the meeting by the City Clerk. Mayor Pro Tem Garofalo requested a report regarding rent structure and associated items. Mayor Green declared the hearing open. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Garofalo, second Bauer to adopt Resolution 99-35 - Adopt Resolution No. 99-35 - "A Resolution of the City Council of the City of Huntington Beach Approving an Amended and Restated Indenture of Trust, an Amended and Restated Loan Agreement, a First Amendment to Regulatory Agreement and Declaration of Restrictive Covenants, a Credit Enhancement Agreement and an Intercreditor Agreement, and Authorizing the Execution and Delivery Thereof, and Authorizing and Directing the Execution and Delivery of Documents and Actions Taken in Connection Therewith, all With Respect to the Huntington Breakers Apartments." The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green Dettloff, Sullivan NOES: None ABSENT: Harman CONSENT CALENDAR — ITEMS APPROVED On motion by Garofalo, second Julien Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan NOES: None ABSENT: Harman (CITY COUNCIUREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of April 5, 1999 as written and on file in the Office of the City Clerk. (CITY COUNCIL) APPROVED LOW BID FOR ASPHALT OVERLAY OF (61) RESIDENTIAL STREETS - MSC 404 —ALL AMERICAN ASPHALT (600.90) —Accepted the low bid of $719,334 submitted by All American Asphalt for the asphalt overlay of 61 residential streets and authorized a project budget of $801,267 to cover contract costs of $719,334, a Change Order budget of $71,933 and incidental expenditures not to exceed $10,000. 05/17/99 - Council/Agency Minutes- Page 15 (CITY COUNCIL) APPROVED THREE APPOINTMENTS TO THE DESIGN REVIEW BOARD — DOERSCHLAG — TEMPLETON — SHEPARD — (ACCEPTED RESIGNATIONS OF JODI RIOS & JON SOMMERS) (110.20) — Appointed Kristin Doerschlag (at -large member) to complete the term of Jodi Rios, which will expire on December 31, 2002, Joan Templeton (alternate at -large member) to complete the term of Jon Sommers, which will expire on December 31, 2002, and Steven Shepard (alternate at -large member) to a first term on the Design Review Board which will expire on December 31, 2000 and accept resignations of Jodi Rios and Jon Sommers. (CITY COUNCIL) APPROVED MEMORANDUM OF UNDERSTANDING BETWEEN THE ORANGE COUNTY SHERIFF -CORONER AND THE CITY OF HUNTINGTON BEACH TO ENFORCE MUNICIPAL CODE SECTIONS IN FLOOD CONTROL CHANNELS WITHIN THE CITY (600.25) —1. Approved the memorandum of Understanding amongst the Orange County Sheriff -Coroner and cities of Huntington Beach, Orange, Santa Ana, Anaheim and Costa Mesa and 2. Authorized execution by the Mayor and City Clerk. (REDEVELOPMENT AGENCY) AUTHORIZED THE TRANSFERABILITY OF 15 PACIFIC PARK VILLAS (TALBERT/BEACH REDEVELOPMENT PROJECT SUB -AREA) DOWN PAYMENT ASSISTANCE LOANS — APPROVED AND AUTHORIZED EXECUTION OF DOCUMENTS (340.70) —1. Authorized the Executive Director and the Agency Clerk to execute on behalf of the Redevelopment Agency any and all documents necessary to transfer to new low and moderate -income homebuyers the Down Payment Assistance Loans made by the Agency at the inception of the Pacific Park Villas project. (See Attachment No. 3 — List of Down Payment Assistance Borrowers at Pacific Park Villas). (All documents to be Approved as to Form by the Agency Counsel). 2. Authorized the Executive Director and Agency Clerk to execute on behalf of the Redevelopment Agency any and all documents necessary to subordinate or to reconvey the Agency loans (notes and deeds of trust), as these home owners refinance, sell their homes or meet their loan obligations, as stated in their notes and deeds of trust. (See Attachment No. 3 — List of Down Payment Assistance Borrowers at Pacific Park Villas). (All documents to be Approved as to Form by the Agency Counsel). (CITY COUNCIL) APPROVED APPROPRIATION OF FUNDS COLLECTED FROM NON- RESIDENT LIBRARY CARD FEES TO BE PLACED IN THE LIBRARY SERVICE FUND ACCOUNT TO PURCHASE LIBRARY MATERIALS (320.45) —Approved the appropriation of $36,000 into the Library Service Fund Account RLXLS392320, Non -Resident Fee for the purchase of books, computer software, CD ROM's, computers and other library material. (CITY COUNCIL) APPROVED FIFTH AMENDMENT TO PROFESSIONAL SERVICES CONTRACT WITH PSOMAS & ASSOCIATES — CONSULTING SERVICES FOR WATER SYSTEM CAPITAL IMPROVEMENT PROGRAM — BOLSA CHICA ANNEXATION & INTERIM WATER OPERATIONS MANAGER SERVICES — APPROVED MODIFICATIONS TO INSURANCE REQUIREMENTS (600.10) - Approved and authorized execution of the Fifth Amendment To The Professional Services Contract Between The City Off Huntington Beach And PSOMAS & Associates For GIS Conversion Services including previously agreed upon modifications to insurance requirements. (Amount of agreement not to exceed $152,000) 505 Page 16 - Council/Agency Minutes—05117/99 (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-32 (APPROVING AMENDMENT TO CITY COUNCIL RESOLUTION NO. 98-30 ADOPTED ON 4/20/98) - EMINENT DOMAIN ACQUISITION OF ASSESSOR'S PARCEL NO. 111-150-24 — GOTHARD STREET/CLAY AVENUE — GOTHARD STREET WIDENING — W. & L. ELLIOTT (650.50) — Adopted Resolution No. 99-32 — `A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 98-30 to Correct the Legal Description of Real Property Contained Therein." (CITY COUNCIL) APPROVED THE PROFESSIONAL SERVICES CONTRACT WITH INTEGRATED WATER TECHNOLOGIES, INC. FOR TECHNICAL ASSISTANCE CONCERNING THE SANTA ANA RIVER GROUNDWATER BASIN MASTER PLAN — ORANGE COUNTY WATER DISTRICT'S 2020 MASTER PLAN (600.10) - 1. Approved staff's selection of Integrated Water Technologies, Inc. (IWT) to perform the work defined by proposal dated March 18, 1999, and 2. Approved and authorized execution of the attached Professional Services Contract Between The City Of Huntington Beach And Integrated Water Technologies, Inc. For Technical Assistance Regarding The Orange County Water District's 2020 Master Plan And The Santa Ana River Groundwater Basin and authorized the Director of Public Works to expend up to $72,420. (CITY COUNCIL) CITY V. DAVID DAHL, GOLDEN EAGLE INSURANCE CO., ET. AL. (OCSC CASE NO. 775726) - APPROVED SETTLEMENT. OF ACTIONS & RELEASES BETWEEN (1) CITY & DAHL & GOLDEN EAGLE INSURANCE CO. — TRACTS 13269 & 13270 (2) CITY & LANDIS & GOLDEN WEST PROPERTIES — TENTATIVE TRACT 14109 AND (3) APPROVE ACQUISITION AGREEMENT BTWN CITY/COMMUNITY FACILITIES DISTRICT 1990-1 & GOLDENWEST PARTNERS LLC (S/W CORNER ELLIS AVENUE & GOLDENWEST STREET) (600.10) —Approved and authorized the Mayor to execute and the City Clerk to attest to the following agreements: 1. Settlement of Action and Release between the City of Huntington Beach and David Dahl, and Golden Eagle Insurance Company. 2. Settlement of Action and Release between the City of Huntington Beach and William Landis and Goldenwest Properties. 3. Acquisition Agreement between the City of Huntington Beach and Golden West Partners, LLC. (CITY COUNCIL) APPROVED CONCEPTUAL PLAN AND AUTHORIZATION TO PROCEED WITH ENTITLEMENT PROCESS FOR BLUFF TOP PARK/BELOW BLUFFS PARKING AND CAMPING MASTER PLAN — APPROVED BUDGET AMENDMENT (920.20) The City Council considered a communication from Community Services Director Hagan, Assistant City Administrator Fallon, Administrative Services Director Reekstin, and Economic Development Director Biggs, regarding the Conceptual Plan to the Bluff Top Park/Below Bluffs Parking and Camping Master Plan and regarding proceeding with the California Coastal Development Permit process to implement said Master Plan. A motion was made by Gaofalo, second Julien to approve the following recommended action: Approve the Conceptual Plan for the Bluff Top Park/Below Bluffs parking and Camping Master Plan; and 2. Direct staff to submit the Bluff Top Park/Below Bluffs parking and Camping Master Plan for entitlements through the public hearing process; and 506 05/17/99 - Council/Agency Minutes- Page 17 3. Approve an amendment to the current year budget by appropriating $68,000 for architectural, engineering, and entitlement costs for the Bluff Top Park/Below Bluffs Parking and Camping Master Plan. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan NOES: None ABSENT: Harman ITEMS DEFERRED BY COUNCIL TO THE JUNE 7, 1999 COUNCIL MEETING (City Council) Resolution No. 99-36 to amend the city classification plan by adding the new classification of Assistant City Attorney reallocation of two Deputy City Attorney III positions to Assistant City Attorney positions (City Council) Home Based "Garage Use" Businesses - Request For Staff Report - Submitted By Council/Agency Member Dave Garofalo (City Council) Speakers During Public Comments Portion Of City Council Meetings -Submitted By Council/Agency Member Ralph Bauer (City Council) City Attorney Organizational Audit - Submitted By Council/Agency Member Ralph Bauer (City Council) Environmental Symposium - Submitted By Council/Agency (City Council) Water Rates/Council Policies (Also see agenda item on page 11) (CITY COUNCIL) APPROVED AS AMENDED - REORGANIZATION OF CULTURAL AND EVENT SERVICES DIVISION AND MODIFIED STAFFING STRUCTURE FOR THE HUNTINGTON BEACH ART CENTER (700.10) A motion was made by Garofalo, second Sullivan that Council consider the above mentioned item. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan NOES: None ABSENT: Harman This item was considered by Council later in the meeting. See Page No. 18. (REDEVELOPMENT AGENCY) APPROVED REPLACEMENT HOUSING PLAN FOR BLOCKS 104/105 - HUNTINGTON BEACH REDEVELOPMENT PROJECT - MAIN -PIER REDEVELOPMENT PROJECT SUB -AREA - ADOPTED REDEVELOPMENT AGENCY RESOLUTION NO. 298 (410.20) The City Council considered a communication from the Economic Development Director informing Council that under Redevelopment Law and (California Health and Safety Code Sections 33413 and 33413.5) the Redevelopment Agency must approve a Replacement Housing Plan prior to the approval of any Redevelopment Project where low -and moderate - income housing will (or could be) removed. 507 Page 18 - Council/Agency Minutes—05117/99 (Huntington Beach Redevelopment Agency Replacement Housing Plan for Block 104-105 dated April 23, 1999 is available for public review in the City Clerk's Office.) Economic Development Director Biggs presented a staff report. Earlier in the meeting a slide show presentation from the Economic Development Director dated May 17, 1999 titled City of Huntington Beach Housing Plan — Block 104 and 105 had been announced by the City Clerk as well as a communication from the Economic Development Director dated May 17, 1999 regarding the Project Area Committee/Blocks 104/105 Replacement Housing Plan. A motion was made by Garofalo, second Dettloff to adopt Redevelopment Agency Resolution No. 298 — "A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving a Replacement Housing Plan for the Redevelopment of Block 104-105 of the Huntington Beach Redevelopment Project." The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan NOES: None ABSENT: Harman (CITY COUNCIL) APPROVED AS AMENDED - REORGANIZATION OF CULTURAL AND EVENT SERVICES DIVISION AND MODIFIED STAFFING STRUCTURE FOR THE HUNTINGTON BEACH ART CENTER (700.10) The City Council considered a communication from the Community Services Director requesting approval of a reorganization plan to revise the Cultural and Event Services Division. Said plan has been developed pursuant to the direction by the City Council to administer the Huntington Beach Art Center so that revenue in the Art Fund matches expenses. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Slide report from Community Services Department titled Community Services Department — Cultural, Historic, and Events Services Division — Huntington Beach Art Center Mayor Pro Tern Garofalo stated that the strategic plan should include the repayment of the funds to the Library and Park Fund. He recommended a comprehensive community board to be formed to bring together all of the cultural elements of the community. Further discussion was held between Council and City Administrator Silver. A motion was made by Garofalo, second Julien to approve the following action: 1. Approve the reorganization plan of the Cultural and Event Services Division as presented herein (Attachment No. 1) to the Request for Council Action dated May 17, 1999 and direct staff to implement the reorganization, and 1: 05/17/99 - Council/Agency Minutes- Page 19 2. Direct staff to implement a process that will: a. Involve all of the cultural arts groups associated with the Art Center in determining the future direction of the Art Center; and b. Develop a strategic plan which defines the mission, required support staff, and revenue streams necessary for the Art Center Program, and return to Council by September, 1999 including a long-term acknowledgment that there is a debt and recognizing the need for a plan as to how the debt should be handled. y The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan NOES: None ABSENT: Harman (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3420 TO AMEND HBMC CODE REGARDING DESCRIPTION OF LOCATION OF.QVIChCENTER DUE TO'STREET NAME/BOUNDARY CHANGES (640.10) —"An Ordinance of<tfie`City"ef°°Huntington Beach Amending Chapter 1.12 of the Huntington Beach Municipal Code Pertaining to City Hall Location." A motion was made by Garofalo, second Julien to approve the adoption 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, Sullivan NOES: None ABSENT: Harman (CITY COUNCIL) APPROVED RE -INTRODUCTION OF ORDINANCE NO. 3431 TO AMEND HBMC — SEX -ORIENTED BUSINESSES (640.10) —"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.) (Originally introduced on May 3, 1999) A motion was made by Garofalo, second Julien to approve the introduction of Ordinance No. 3431 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan NOES: None ABSENT: Harman 509 Page 20 - Council/Agency Minutes-05/17/99 ADJOURNMENT- CITY COUNCIUREDEVELOPM ENT 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 Thursday, May 27, 1999 at 3:00 p.m., at the Huntington Beach Art Center, 538 Main Street, Huntington Beach, California 92648. ATTEST: City Clerk/Clerk 4 s �. & eb " City erk and ex-officio. Clerk alffhe City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor/Chairman 510