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HomeMy WebLinkAbout1999-06-21MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, June 21, 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 COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo Green, Dettloff, Harman (Sullivan arrived at 5:10 p.m.) Absent: None PUBLIC COMMENTS REGARDING CLOSED SESSION AGENDA ITEMS CHUCK SCHEID addressed Council regarding the closed session item titled Briscoe V. City of Huntington Beach. He referred to an article in the paper stating that there may be a settlement between the city and Mr. Briscoe. He spoke regarding Mayor Green's statement in the paper and requested to know if there is a conflict for Mayor Green to attend the closed session on this item and questioned if it would constitute a conflict of interest. RON DAVIS spoke regarding what he believes to be the City Attorney's opinion on the Briscoe v. City of Huntington Beach closed session matter. Mr. Davis informed Council he believes there ought to be a trial if the City Attorney and Mayor agree that a settlement should not be made. Councilmember Sullivan arrived at the meeting at 5:10 p.m. City Administrator Silver commented on the subject. Mayor Green addressed the City Clerk regarding her opinion as to whether he has ever discriminated against a speaker under public comments. City Clerk Brockway informed the Mayor that in her opinion he has not. MOTION TO RECESS TO CLOSED SESSION A motion was made by Garofalo, second Julien to recess to Closed Session the following items: The motion carried by unanimous vote. 541 Page 2 - Council/Agency Minutes — 06/21/99 (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) (Redevelopment Agency) Closed Session -- Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiators, Melanie Fallon, David Biggs, Ray Silver, Jim Rabe, Murray Kane, Lynn Sedway, and Stephen Duffy regarding negotiations with John Genovese and Lori Gato, concerning the purchase/sale/or lease of the property located a 7777 Edinger Avenue. Instruction will concern: Both price and terms of payment. Subject: Negotiation for terms of a proposed Purchase, Sale or lease of property at 7777 Edinger Avenue. (520.80) (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 Talbert & Beach v. City of Huntington Beach. United States District Court Case No. SACV 96-969 AHS; 91h Cir. 97-55619. Said closed session is held under the authority of California Government Code Section 54956.9(a). Subject: Talbert & 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 Briscoe v. City of Huntington Beach, et. al.; Orange County Superior Court Case No. 81 00 55. Subject: Briscoe v. City of Huntington Beach, et al. (120.80) RECONVENE CITY COUNCILIREDEVELOPMENT AGENCY MEETING Mayor Green reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:30 p.m. REPORT OF ACTION TAKEN AT CLOSED SESSION The City Attorney reported that there were not any 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 §54957.1(a) (3) (b). CITY COUNCILIREDEVELOPM ENT AGENCY 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 Mayor Green, INVOCATION The invocation was offered by Mayor Green in a moment of silent prayer. 542 06121199 - Council/Agency Minutes - Page 3 PRESENTATION — By Mayor Peter Green to Mark Ivey, Huntington Beach resident and a 1999 graduate of St. Mary's College of Maryland. Mark is a skipper for St. Mary's College Sailing Team which ranked No. 1 most of 1998-99; College Sailor of the Year, 1999 First Place Team Racing National Championships. Mark has been selected to represent the U.S. at the Olympic Games in Sydney, Australia, sailing a "470". Mark learned to sail in the Huntington Harbour Yacht Club's sailing program. Kevin and Judith Ivey, Mark's parents, were present to receive the commendation on behalf of their son. PRESENTATION -- By Mayor Peter Green and Jay Kreitz, Community Services, Commission Chair. Checks to Youth Sports Grant recipients: Huntington Beach High School "Take the Plunge" Sylvia Garret/Tom Shaw, $120,000; North Huntington Beach Footbol Club, Inc. D'wana Hughes, $12,000; Sea View Little League Rick Fraser, $16,200. PRESENTATION — To the Mayor and City Council by Ron Hayden, Library Director, Nancy Williams, Children's Coordinator, and Lyn Scott, President of the Friends of the Children's Library a presentation of the "Festival of Folktales" and the Summer Reading Program for the Huntington Beach Library System which begins on June 22, 1999. PRESENTATION — Mayor Peter Green presented the Mayor's Award to Avis Ryan, Customer Service Supervisor in the City Treasurer's Office. The Mayor invited Shari Freidenrich, City Treasurer, to the podium. The City Treasurer spoke regarding the valuable service to the city Ms. Ryan has provided through difficult times, including the city bankruptcy; her expert supervision of employees in the City Treasurer's Office and her commitment to going above and beyond in the performance of her responsibilities. 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: Slide presentation from the City Treasurer dated June 21, 1999 titled Treasurer's Report. PUBLIC COMMENTS BILL CURTIS, Seaport Terminal, referred to a map he had placed on the wall behind Council showing the location of oil wells near Pacific Coast Highway at the southern end of the city. He stated the city's policy regarding oil well pumping is embarrassing to him and the oil business. He referred to the law suit filed against the city by Mills Land and Water Company. THOM DONEY, Fourth of July, updated the City Council on the progress of the Fourth of July Parade Committee. KAREN PEDERSEN continued with the report presented by Mr. Doney on the progress of the Fourth of July Committee. CONNIE YOUNG spoke regarding the Fourth of July activities. PAT STEIR spoke regarding the planned Fourth of July events. 543 Page 4 - Council/Agency Minutes — 06/21/99 TAMARA HAVILAND spoke on behalf of a family whom she believes is experiencing discrimination from a neighbor. She referred to material she had distributed to Council on the matter. JEAN ABEL, manager and resident of Village Town Homes Homeowners Association, requested that the city street sweeping program not be applied to her complex as for a number of years the management of Village Town Homes has taken care of street sweeping as a part of their activities. PAULA LAZARUS addressed Council regarding her experience in having a person in a recreational vehicle stop her for directions to Wal-Mart and refer to a map which showed a Wal- Mart at the Talbert Avenue/Beach Boulevard location. She stated upon calling Wal-Mart she was informed that they would send her a map. When she received the map it showed a Talbert Avenue/Beach Boulevard location. She presented a copy of the map to the City Clerk. DEAN ALBRIGHT requested that the closed public hearing to consider an increase in the water use rate be reopened. He stated there had been a subsequent meeting between city representatives and apartment house owners which he believes makes the closure of the hearing premature. Mr. Albright requested that the public hearing be readvertised and reopened. He requested that the surplus money be credited to the residents' water bills to avoid a rate increase. Mr. Albright spoke regarding the Infrastructure Advisory Committee need to discuss with Council the surplus money related to the infrastructure. DENNIS DAVENPORT presented reasons in opposition to the recommendation on the City Council agenda that the City Council support Senate Bill 15 including his reasons that firearms will be placed into the black market. SEIGFRIED PINCHUT, Commander of the Jewish War Veterans -Huntington Beach, stated reasons in opposition to the recommendation that Council support Senate Bill 15 including that it does not provide any mechanisms for older firearms and it results in the elimination of affordable self defense. Mr. Pinchut requested that Council oppose the legislation. At the request of Councilmember Sullivan, Mr. Pinchut elaborated on how this bill is connected to the Nuremberg laws and minorities not being able to afford weapons. JOHN LYNCH, addressed Council in opposition to Senate Bill 15. He explained how he believes it poses a threat to the Police Department and could cause the city liability. Mr. Lynch stated that the Police Department would have unreliable guns if Senate Bill 15 is enacted. RICHARD YEE questioned the position reported in the media that persons are in favor of Senate Bill 15. He stated that if a City Councilmember wishes to support the legislation it is their right to do so; however, that a position should not be taken by Council as the position of the community. CHUCK MC KINLEY stated that he had not heard persons addressing Council in support of the recent gun bills and questioned Council's support of same. MILTON VAUGHT, President of Members Council of the NRA, spoke in opposition to the recommendation that Council support Senate Bill 15 as he believes it is an effort to reduce the sale of older firearms. He stated that the Department of Justice and the Police Department as well as others are exempt and this bill is meant to impact the public. 544 06121/99 - Council/Agency Minutes - Page 5 GORDON PEEST, NRA Member Council, stated that he is not aware of any poll of Huntington Beach residents requesting that Senate Bill 15 be supported. He stated what is needed is for existing laws to be enforced. BRIAN LA SALLE spoke regarding what he believes is the misconception that more guns equal more crime. He spoke in opposition to Senate Bill 15 stating that he believes it is an effort to reduce the number of guns in circulation. Mr. La Salle requested the Council go on record in opposition to Senate Bill 15. JERRY JONES congratulated the Public Works Department for the completion of the Edwards Street project ahead of time. He also thanked Councilmember Harman and others who supported the traffic signal at Talbert Avenue. He spoke in opposition to Senate Bill 15 stating that criminals do not follow the laws that are already enacted. Mr. Jones presented statistics which he believes relate to low prosecution of gun violations. BILL RIDDELL urged that Council not support Senate Bill 15 in its present form. He spoke regarding the exemption of the guns the police use not being applied to the average citizen of Huntington Beach. He stated that this could make members of the community criminals. Mr. Riddell stated that material in the Council packet reflects that Senator Ross Johnson opposes this legislation and that this is incorrect, and that the material also reflects Assemblyman Scott Baugh not taking an action; however, Mr. Baugh is also opposed to the legislation. GRETCHEN BENEDETTINI addressed Council regarding the reasons she was attracted to reside in the city of Huntington Beach. She spoke regarding the city overall and the services the city offers. Ms. Benedettini stated her opposition to Senate Bill 15 as she does not believe the bill is a local issue and she believes that Council should work towards solving city issues. She requested that Council abstain from voting on agenda items relative to positions on state legislation. TED SCHEIDELL spoke regarding the problems residents are experiencing in the neighborhood of Huntington Street and Amberleaf Circle including children walking on the wall separating the buildings which could cause the city homeowners liability should they fall. He spoke regarding the drug problem and other conditions. Mr. Scheidell spoke regarding the police efforts in this regard. He stated that code enforcement had informed him that items stored on balconies are not in the city's purview. WILLIAM MCKEE, representing Law Enforcement Alliance of America, spoke in opposition of Senate Bill 15 stating that it is not regarding junk guns but it is about junk legislation. He stated that he would not like to believe he is breaking the law if he were to leave town and leave his gun with his mother for protection. YVONNE LU stated that she has the same concern as Mr. Scheidell relative to the condition on Huntington Street and Amberleaf Circle. Meeting Regarding Huntington Street/Amberleaf Circle Councilmember Harman stated that he would like to meet with Mayor Green and the two speakers relative to the Huntington Street/Amberleaf Circle matter. 545 Page 6 - Council/Agency Minutes — 06/21/99 Feasibility of Street Sweeping Program Exemption Huntington Village Townhomes (800,10) Councilmember Harman asked the City Administrator to direct staff to look into the speakers' request for an exemption from the street sweeping program for the Huntington Village Townhomes. Report Requested Regarding Mills Water Company Litigation - Report Requested Regarding Oil Well Production (600.10) Councilmember Harman asked that the City Attorney provide Council with a briefing on the Mills Land and Water Company litigation. He also asked the City Administrator to report on the merit of Mr. Curtis' complaint regarding the amount of oil well production allowed by the city. (CITY COUNCIL) CITY COUNCIL CABLE COMMITTEE RECOMMENDATION APPROVED AS AMENDED - REQUEST OF D. YRISARRI TO DEFER SUBMITTAL AND PAYMENT OF FILM PERMIT FEES - PREVIEW VIDEO FOR THE HUNTINGTON BEACH STORY (340.20) The City Council considered a communication from City Council Cable Committee liaison members Garofalo, Bauer and Dettloff transmitting a communication and material from David Yrisarri requesting a waiver of all permit fees for filming in Huntington Beach relative to his plans to produce The Huntington Beach Story. Councilmember Bauer reported on the reasons why he had placed this item on the City Council agenda. Mayor Pro Tern Garofalo presented reasons in support of the recommended action stating that it is his understanding that this video would become the property of the city of Huntington Beach. Councilmember Sullivan referred to Page C 1.2 in the City Council agenda packet relative to reference to the City Attorney working with Mr. Yrisarri regarding what the city's rights will be. He questioned that the City Council is being requested to waive the fee before the agreement is developed between Mr. Yrisarri and the City Attorney. Mayro Pro Tem Garofalo stated that the plan is not to waive the fee but to defer payment of the fee by Mr. Yrisarri. David Yrisarri addressed Council stating that he was not asking for a waiver but a deferment of payment of the fee. He stated that the video would be the property of the city of Huntington Beach except for the events which he plans. 546 06/21/99 - Council/Agency Minutes - Page 7 A motion was made by Garofalo, second Julien to approve the recommendation of the City Council Cable Committee that the City Council authorize city staff to defer film permit fees in the amount of $1,050 for David Yrisarri for his plans to produce a 10-minute preview video in support of a future historical video entitled The Huntington Beach Story and further that the film be subject to a satisfactory agreement being prepared by the City Attorney's Office. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: None (CITY COUNCIL) APPOINTED COUNCILMEMBER BAUER AS CITY REPRESENTATIVE TO SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) -- PER RECOMMENDATION OF ORANGE COUNTY COUNCIL OF GOVERNMENTS THAT CITY BECOME A SEPARATE SCAG DISTRICT (120.20) The City Council considered a communication from Councilmember Bauer, City Council liaison to the (OCCOG), informing Council that the Orange County Council of Governments has recommended to the Southern California Association of Governments (SCAG) that Huntington Beach, by itself, become a separate SCAG District. This occurred because the population is approaching 200,000. SCAG representation is based on units of about 200,000. It should be noted that combining the cities of Los Alamitos, Seal Beach, and Westminster into a separate district accommodated this designation. Since Huntington Beach is now the sole memberwithin its district, a SCAG representative must be appointed. Councilmember Bauer presented reasons why he had placed this item on the City Council agenda. He clarified the mission of the Orange County Council of Governments. A motion was made by Dettloff, second Garofalo to approve Councilmember Bauer's request for appointment as the city's representative to the Southern California Association of Governments (SCAG). Councilmember Sullivan commended Councilmember Bauer for offering to serve and for his work on Orange County Council of Governments. The motion made by Dettloff, second Garofalo carried by unanimous vote. CITY ADMINISTRATOR'S REPORT City Administrator Silver reported on the following forthcoming events to be held in the city: 1. The Oak View Center Annual Awards Night was held June 10, 1999 at which time children and teens who participated in the sports and recreation programs were awarded medals and certificates. This event was planned and organized by the city's Oak View Center staff and its community volunteers. 2. Commencement of Operations of Interim Beach Maintenance Facility at the former CalTrans site on Beach Boulevard - the city's Beach Maintenance staff moved the entire maintenance facility without interrupting maintenance services on the beach or pier. 547 Page 8 - Council/Agency Minutes — 06/21/99 3. SeapointlPacific Coast Highway Beach Access - work has begun to provide pedestrians with access to the beach. An $80,000 grant from the Coastal Conservancy matched with a federal grant will fund this project. 4. Pier Plaza Presents - the summer series of free musical events to the public has begun. These events will be held on the third weekend of each month and have been planned by the Special Events duration of the Community Services Department. The City Council thanked City Administrator Silver for his report. (CITY COUNCIL) REVIEWED AND ACCEPTED CITY TREASURER'S APRIL, 1999 INVESTMENT SUMMARY REPORT (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Report for April, 1999 for review and acceptance by the City Council. City Treasurer Freidenrich presented a staff report and referred to her slide presentation dated June 21, 1999 titled Treasurer's Report which had been announced earlier in the meeting by the City Clerk. A motion was made by Garofalo, second Dettloff to accept the monthly report. Following review of the report, accept the Monthly Investment Report Summary Of Investment Portfolio for April, 1999, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried unanimously. (CITY COUNCIL) PUBLIC HEARING CLOSED ON MAY 17, 1999 -- TO BE READVERTISED FOR JULY 19, 1999 - CONSIDERATION OF INCREASE IN WATER USE RATES FOR FY 1999-2000 — RESOLUTION NO. 99-33 — ADJUSTING WATER RATESISTRUCTURE — RESOLUTION NO. 99-34 — ESTABLISHING THE SURCHARGE UNDER THE HUNTINGTON BEACH WATER MASTER PLAN (1000.20) The City Council considered an item upon which a public hearing had been held and closed on May 17, 1999 with decision continued to this date - consideration of increasing the water basic rate charge and usage rates charged by the City's 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 at the City Clerk's Office. Councilmember Sullivan requested information as to whether the public hearing must be reopened due to new information made available since the hearing was closed. Councilmember Dettloff spoke in support in reopening the public hearing. Councilmember Harman stated that he also favored reopening the public hearing on this item. On motion by Harman, second Dettloff Council directed that a public hearing be readvertised for the July 19, 1999 Council meeting regarding consideration in an increase in water use rate for FY 1999-2000 and for consideration of adoption of a resolution adjusting the water ratefstructure and adoption of a resolution establishing a surcharge under the Huntington Beach Water Master Plan, The motion carried by unanimous vote. 06/21/99 - Council/Agency Minutes - Page 9 CONSENT CALENDAR - ITEMS REMOVED FOR SEPARATE DISCUSSION Council by unanimous consensus removed the following items from the Consent calendar for separate discussion: May 3, 1999 and May 15, 1999 Minutes Agreement For General Management, Engineering, Secretarial and Fiscal Agent Services Between the West Orange County Water Board and the City of Huntington Beach Five Year Agreement With The Orange County Sheriff's Department For Supplemental Law Enforcement for the 41h Of July -- Approve Waiver of Standard Indemnity Clause Resolution No. 99-42 —Approve Alcoholic Beverage Control (ABC) Grant Agreement - Enforcement of Alcohol -Related Offenses — Approve Waiver of Standard Liability Clauses General Terms and Conditions of Trailer Rental Agreements Between the City and William Scotsman, Inc. Letters of Support or Opposition on Bills Pending Before the State Legislature as Recommended by the City Council Intergovernmental -Relations Committee and Resolution No. 99-45 Park Bond Measure on Statewide Ballot 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 Councilmember Sullivan requested that his no vote be recorded on the Consent Calendar item relative to the office space lease between Abdelmuti Development Company and Vital Technology Inc. (CITY COUNCIL) APPROVED 1999100 TENTATIVE BUDGET —WEST ORANGE COUNTY WATER BOARD (320.20) — Approved the 1999/00 tentative West Orange County Water Board Budget in the amount of $310,730. Huntington Beach share is $170,954. (Joint Powers cities are Huntington Beach/Westminster/Seal Beach/Garden Grove.) (CITY COUNCIL) APPROVED USE OF COUNCIL CHAMBERS BY ORANGE COUNTY SANITATION DISTRICT — APPROVED WAIVER OF FEE (340.10) - 1. Approved the use of the City Council Chambers on October 20, 1999 from 7:30 a.m. to 4:30 p.m. for an educational seminar sponsored by the Orange County Sanitation District; and 2. Approved waiver of the $25 per hour fee for use of the Council Chambers and Meeting Rooms B-7 and B-8 by the Orange County Sanitation District. 549 Page 10 - CouncillAgency Minutes — 06/21/99 (CITY COUNCIL) AUTHORIZED AWARD OF CONSTRUCTION CONTRACT FOR THE HUNTINGTON BEACH PIER BUILDINGS PROJECT - CC-883 - EMAE INTERNATIONAL (600,80) - 1. Approved the lowest responsive/responsible bid submitted by EMAE International, 4911 Warner Avenue, Suite 201, Huntington Beach, for the Huntington Beach Pier Buildings Project, CC-883; 2. Authorized the Mayor and City Clerk to execute the construction contract in the amount of $385,000, and 3. Authorized the Director of Public Works to expend a total of $446,500 to cover the contract amount of $385,000, estimated construction contingency of $41,000 and supplemental expenditures of $20,500. (Cost: $446,500) (Funding Source: $297,000 State Grants/$149,500 Pier Fund) (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 14740 AND NOTICE OF ACCEPTANCE OF THE PUBLIC IMPROVEMENTS — (SEABRIDGE GROUP), LLC - E/BEACH BOULEVARD, SIADAMS AVENUE (420.60) - 1. Accepted the improvements constructed and dedicated for public use with Tract No. 14740 and 2. Released the Faithful Performance/Labor and Material No. 149 32 19 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted Guarantee and Warranty Bond No. 149 32 18-M; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer: and 4. Instructed the City Clerk to notify the Developer, Seabridge Group, LL.C, of this action, and the City Treasurer to notify the Surety, Insurance Company of the West, of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. (CITY COUNCIL.) ADOPTED RESOLUTION NO. 99-43 — AMENDS CITY OF HUNTINGTON BEACH CLASSIFICATION PLAN — ADDS CLASSIFICATIONS IN FIRE DEPARTMENT AND PUBLIC WORKS DEPARTMENT (700.10) - Adoped Resolution No. 99-43 - "A Resolution of the City Council of the City of Huntington Beach to Amend the City Classification Plan by Adding New Classifications Entitled Leadworker, Street Cleaning, Leadworker, Concrete; and Hazardous Materials Specialist (CITY COUNCIL) APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE ARTERIAL HIGHWAY REHABILITATION PROGRAM PROJECTS; CC 1109 & CC 1110 APPROVED SAMPLE CONTRACT (600.50) — 1. Approved plans, specifications and authorize the Director of Public Works to solicit bids for the Arterial Highway Rehabilitation Projects CC-1109 & CC-1110, contingent upon Caltrans approval of the plans, specifications and estimate for CC-1109; and 2. Approved the attached sample contracts subject to award of contracts to the lowest responsible/responsive bidder(s) (Funding Sources and Amounts: City General Fund: $1,000,000; Measure "M" Turnback: $1,000,000; Federal AHRP Grant: $783,000) (Affected Streets: Warner Avenue from Beach to Magnolia; Heil Avenue from Saybrook to Bolsa Chica, Heil from Graham to Springdale, and Heil Avenue from Beach to Newland; Edinger Avenue from Goldenwest to Gothard; Brookhurst Street from Adams to 900 feet south of Adams.) (REDEVELOPMENT AGENCY) APPROVED AS TO FORM: OFFICE SPACE LEASE BETWEEN ABDELMUTI DEVELOPMENT CO. & VITAL TECHNOLOGY, INC. (OCEANVIEW PROMENADE) — MAIN PIER REDEVELOPMENT PROJECT SUB -AREA (600.30) — Approved as to Form the Office Space lease between Abdelmuti Development Company and Vital Technology, Inc. regarding Suite 3A in the Oceanview Promenade. Councilmember Sullivan requested the City Clerk to record his vote as a no vote on the item relative to the approval as to form of the two Abdelmuti Development Company leases of office space. 550 06121199 - Council/Agency Minutes - Page 11 (CITY COUNCIUREDEVELOPMENT AGENCY) MINUTES - APPROVED AND ADOPTED The City Council considered approval and adoption of the minutes of the City Council/ Redevelopment Agency regular meeting of May 3, 1999, and adjourned regular meeting of May 15, 1999. Councilmember Sullivan referred to a memorandum from the City Clerk placed in the City Council packet requesting that Council, prior to adoption of the May 3, 1999 minutes, confirm that the motion she recorded on the Turn of the Century Committee item is correct. He stated that he had reviewed the tape of this meeting and concurred with the City Clerk's recordation of the Council motion. Councilmember Garofalo stated his concurrence. A motion was made by Sullivan, second Garofalo to approve and adopt the minutes of the City Council/Redevelopment regular meeting of May 3, 1999 and adjourned regular meeting of May 15, 1999 as written and on file in the Office of the City Clerk. The motion carried unanimously. (CITY COUNCIL) APPROVED AGREEMENT FOR GENERAL MANAGEMENT, ENGINEERING, SECRETARIAL AND FISCAL AGENT SERVICES BETWEEN THE WEST ORANGE COUNTY WATER BOARD AND THE CITY OF HUNTINGTON BEACH (600.85) The City Council considered a proposed agreement for General Management, Engineering, Secretarial and Fiscal Agent Services between the West Orange County Water Board and the city for the term of March 18, 1999 through March 17, 2000) pursuant to a Joint Powers Agreement between the cities are Huntington Beach, Garden Grove, Westminster, and Seal Beach. In response to Councilmember Sullivan, Public Works Director Beardsley stated that General Manager duties are performed along with the city employee's regular duties and are not compensated on top of regular compensation. Public Works Director Beardsley informed Council that the funds paid by the joint power cities to the city of Huntington Beach for performing these services are placed in the city treasury . A motion was made by Harman, second Garofalo to approve and authorize the Mayor and City Clerk to execute the agreement for General Management, Engineering, Secretarial and Fiscal Agent Services - Agreement by and Between the City of Huntington Beach and The West Orange County Water Board for Contract Manager Services. The motion carried by unanimous roll call vote. (CITY COUNCIL) APPROVED AS AMENDED - FIVE YEAR AGREEMENT WITH THE ORANGE COUNTY SHERIFF'S DEPARTMENT FOR SUPPLEMENTAL LAW ENFORCEMENT FOR THE 4T11 OF JULY — APPROVED WAIVER OF STANDARD INDEMNITY CLAUSE (600.25) The City Council considered a communication from the Chief of Police recommending approval of the five year agreement with the Orange County Sheriff's Department to provide supplemental law enforcement for the Fourth of July Parade. Councilmember Harman inquired of Captain Mc Erlain ias to whether a five year agreement is necessary and whether the agreement can be entered into to cover one year at a time. Captain Mc Erlain stated that within 60 days either party can cancel this agreement. He responded to 551 Page 12 - Council/Agency Minutes — 06/21/99 Councilmember Harman's concern regarding how the agreement will work. Councilmember Harman stated that he would like to see a one year contract and an improved billing procedure Captain Mc Erlain reported on how the billing procedure works. A motion was made by Garofalo, second Dettloff to approve and authorize execution by the Mayor and City Clerk of the agreement with the Orange County Sheriffs Department to provide supplemental law enforcement to the city of Huntington Beach - Five year agreement between the City of Huntington Beach and the County of Orange - with the additional requirement that the City Administrator remind the City Council six months ahead of the expiration of the contract, and of its 60 day notice provision, and approved waiver of the city's standard indemnity clause for contracts. The motion carried by unanimous roll call vote. (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-42 — APPROVED ALCOHOLIC BEVERAGE CONTROL (ABC) GRANT AGREEMENT - ENFORCEMENT OF ALCOHOL - RELATED OFFENSES — APPROVE WAIVER OF STANDARD LIABILITY CLAUSES (340,80) The City Council considered a communication from the Chief of Police recommending adoption of Resolution No. 99-42 approving the alcohol beverage control grant agreement. Councilmember Harman asked the City Administrator the status of grant applications city-wide. He stated that he would like Council to be aware of available grants and referred to a staff member last year (Carol Runzel, Assistant Project Manager, Economic Development Department) finding a grant on her own that brought an extremely large amount of money to the city. He stated that he would like to see more coordination in the grant area. A motion was made by Harman, second Garofalo to approve the following actions: 1. Adopted Resolution No. 99-42 — "A Resolution of the City Council Authorizing Application for Funds Through the Grant Assistance to Local Law Enforcement Agencies Project of the Department of Alcoholic Beverage Control" and 2. Approved Standard Agreement 99G-LA07 between the State of California and the City of Huntington Beach, thereby accepting funds from the State of California, Department of Alcoholic Beverage Control, and allow Ronald E. Lowenberg, Chief of Police, to execute the agreement with waiver of standard liability clauses. Captain Mc Erlain responded to Councilmember Sullivan's questions relative to how the enforcement of alcohol related offenses project will work. Councilmember Sullivan read from the Police Department's report regarding the time consumed by police officers on alcohol related offenses in the downtown area. He stated that he hopes this grant helps with the severe problems. City Administrator Silver reported on the grant program of the city worked on by the Ferguson Group, city consultant, and city Senior Analyst Pat Dapkus. The motion made by Harman, second Garofalo carried by unanimous roll tail vote. (CITY COUNCIL) APPROVED GENERAL TERMS AND CONDITIONS OF TRAILER RENTAL AGREEMENTS BETWEEN THE CITY AND WILLIAM SCOTSMAN, INC. - JUNIOR LIFEGUARDS AND BEACH MAINTENANCE DIVISIONS (600.10) The City Council considered a communication from the Community Services Director Hagan recommending approval of General Terms and Conditions of the trailer rental agreements between the city and William Scotsman, Inc. 552 06121199 - CouncillAgency Minutes - Page 13 Councilmember Sullivan inquired if the trailers at Ocean View MobilehomeEstates could be used. Community Services Director Hagan reported that the Ocean View Estate trailers are not the type of trailers that are required for office use. City Administrator Silver stated that a report will be provided to the City Council. A motion was made by Sullivan, second Harman to approve the General Terms and Conditions of the rental agreements for two trailers between the city and William Scotsman, Inc., including approval of the indemnity provisions for the two trailers to be used by the Community Services Department on an interim basis. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Dettloff, Harman, Sullivan (Green absent from the room) NOES: None ABSENT: None (CITY COUNCIL) APPROVED STAFF RECOMMENDATION, AS AMENDED, RELATIVE TO LETTERS OF SUPPORT OR OPPOSITION ON BILLS PENDING BEFORE THE STATE LEGISLATURE AS RECOMMENDED BY THE CITY COUNCIL INTERGOVERNMENTAL - RELATIONS COMMITTEE & STAFF - ADOPTED RESOLUTION NO. 99-45 - PARK BOND MEASURE ON STATEWIDE BALLOT (120.70) The City Council considered a communication from the Intergovernmental Relations Committee and staff recommending that the Mayor send letters of support relative to the following pending legislation as well as adoption of Resolution No. 99-45 pertaining to a state ballot measure: 1. AB 809 (Strom Martin) which would require one half of the additional fees from special environmental design license plates to be deposited in a special fund to be established for grant to public agencies and non-profit entities or organizations for the maintenance and operation of environmentally sensitive habitat areas. Recommended by the Intergovernmental Relations Committee and the Community Services Department 2. SB98 (Alarcon) that would require the south coast district (SCAOMD) to establish an Office of Technology advancement to administer the clean -burning fuels program and to establish an advisory group to make recommendations regarding the program, technology advancement and pollution reduction. 3. SIB 15 (Polanco) & AB 1391 (Hertzberg & Polanco) — To extend current law to include designated unsafe handguns in the existing law making it a misdemeanor or a felony to manufacture or cause to be manufactured, imported into the State, kept for sale, offer or expose for sale, give, lend, or possess specified weapons. The bill is written to take effect on January 1, 2001. Recommended by the Intergovernmental -Relations Committee and the Police Chief 4. Resolution No. 99-45 -- "A Resolution of the City Council of the City of Huntington Beach Calling Upon the California State Legislature to Adopt Legislation to Place a Bond on the Ballot for Coastal, Wildlife, Park Protection, Acquisition, Restoration." Mayor Pro Tern Garofalo spoke regarding this agenda item and requested that the letters from the Mayor do not begin with wording such as On behaff of the citizens of Huntington Beach but perhaps with the following wording: The City Council by a vote/supported/ opposed ................ 553 Page 14 - CouncillAgency Minutes — 06/21199 Mayor Pro Tem Garofalo stated that he would like to see the fee for an environmental vehicle license plate reduced if the excess money is to be used for another government program. Councilmember Sullivan stated that the text of the legislation should have been attached. He requested that the text of the legislation be attached in the future. Councilmember Sullivan requested that these bills not be voted on at this meeting as the text had not been available. He stated that he could vote on Resolution 99-45 pertaining to a bond on the state ballot for coastal wildlife park protection acquisition and restoration. Councilmember Harman stated that he agrees with Councilmember Garofalo regarding his recommendation that the format of the letter be revised. Councilmeber Dettloff spoke regarding the subject. Councilmember Bauer presented examples relative to the League of Cities proposed legislation on which he believes Council should take positions. Councilmember Bauer stated that he believes the Police Chief should be supported relative to any legislation on which he believes merits City Council support. A motion was made Garofalo, second Julien that Council not take a position the Senate Bill 15. Councilmember Julien spoke regarding Senate Bill 15 as well as the subject of whether the Council wishes to take positions on state legislation. Mayor Green stated that the financial criteria of proposed legislation, as it would affect the city, should be included. The motion made by Garofalo, second Julien failed by the following roll call vote: AYES: Julien Garofalo, Sullivan NOES: Bauer, Green, Dettloff, Harman ABSENT: None A motion was made by Harman, second Green that the City Council support SB 15 (Polanco) and AB 1391 (Hertzberg and Polanco). Councilmember Harman read from the text of the bill that had been provided by a speaker during public comments. Councilmember Sullivan questioned if the guns are unsafe why is the Police Department exempt. Captain Mc Erlain responded to Councilmember Sullivan. The motion made by Harman, second Green carried by the following roll call vote: AYES: Bauer, Green, Dettloff, Harman NOES: Julien, Garofalo, Sullivan ABSENT: None A motion was made by Dettloff, second Harman to support AB 809 (Storm -Martin) and to support SB 98 (Alacarn) and to adopt Resolution 99-45 "A Resolution of the City Council of the City of 554 06/21/99 - Council/Agency Minutes - Page 15 Huntington Beach Calling Upon the California State Legislature to Adopt Legislation to Place a Bond on the Ballot for Coastal, Wildlife, Park Protection, Acquisition, Restoration." The motion carried by the following roll call vote: AYES: Bauer, Green, Dettloff, Harman NOES: None ABSTENTIONS: Julien, Garofalo, Sullivan (CITY COUNCIL) AUTHORIZED CITY CLERK TO REQUEST THE US DEPARTMENT OF STATE TO DESIGNATE CITY CLERK'S OFFICE AS A PASSPORT ACEPTANCE FACILITY - APPROVED FUND EXPENDITURE (100.10) The City Council considered a communication from the City Clerk requesting City Council approval for the City Clerk's Office to accept the Designation of Passport Acceptance Facility by the U.S. Department of State, Bureau of Consular Affairs effective October, 1999. The City Clerk reported on the proposed Passport Acceptance Facility Program. Following discussion by Council, on motion by Garofalo, second Sullivan Council approved the following actions: 1. Authorized the City Clerk to inform the Passport Agency of the U.S. Department of State that the City Council approves the City Clerk's Office becoming a Passport Acceptance Facility authorized by the United States Department of State beginning October, 1999. and 2. Authorized an expenditure of $10,400 from the General Fund Unappropriated Fund Balance to purchase the necessary software/hardware for the City Treasurer's Office and the electronic counter system equipment for the Clerk's Office. The motion -carried by the following roll call vote. AYES: Julien, Bauer, Garoflo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) APPROVED AS AMENDED 1999 FOURTH OF JULY PARADE BUDGET -- APPROVED BUDGET AMENDMENT (960.30) The City Council considered a communication from the Community Services Director informing Council that the Fourth of July Board has adopted a revised budget for the 1999 parade and associated activities and is submitting the parade budget, as amended, for City Council approval. Community Services Director Hagan presented a staff report. Discussion was held between the Council and Community Services Director Hagan. A motion was made by Julien, second Garofalo to approve the following recommended actions: 1. Approve the 1999 Fourth of July Parade budget, as amended, as presented by the Fourth of 555 Page 16 - Council/Agency Minutes — 06121/99 July Board, not expected to exceed $239,175 and 2. Approve an amendment to the current year budget by appropriating $50,025 to pay for costs for the 1999 Fourth of July Celebration and increase the current year revenue estimates by $90,000. The motion carried by unanimous roll call vote. REPORT REQUESTED REGARDING USE OF DEMOLISHED SEACLIFF SHOPPING CENTER AREA (420.20) Councilmember Harman spoke regarding the upcoming Fourth of July activities and the need to consider what sheould be planned for the now demolished Seacliff Shopping area. Councilmember Harman requested that the City Administrator contact the local property owners regarding use of this area. ORANGE COUNTY TRANSPORTATION AUTHORITY PRESENTATION REGARDING LIGHT RAIL SYSTEM (800.45) Councilmember Bauer stated that he would like to hear a presentation on the Orange County Transportation Authority billion dollar light rail system and that it televised for the public. ADJOURNMENT - CITY COUNCILIREDEVELOPMENT 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 Monday, June 28, 1999 at 7:30 a.m. at the Pacific Courtyard Pavilion, waterfront Hotel, 21100 Pacific Coast Highway, Huntington Beach to meet jointly with the Economic Development Task force (Red Team) and at 5:30 p.m., in the Council Chambers to reconvene for closed session items and also to meet in open session at 6:00 p.m. regarding the status of Council issues pertaining to possible annexation of the Bolsa Chica. ATTEST: 4 City Clerk/Clerk 4� 49AL4� City Cferk and ex-officio Clerk 8T the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor/Chairman 556