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HomeMy WebLinkAbout1999-07-19MINUTES 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, July 19, 1999 A videotape recording of the 7:00 p.m. portion of this meeting Is on file in the Office of the City Clerk. CALL TO ORDER Mayor Green called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan, (Garofalo arrived at 5:08 p.m.; Sullivan arrived at 5:02 p.m.) Absent: Julien 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: Communication from the Chief of Police dated July 14, 1999 titled Downtown Outdoor Dining w/Alcohol (ZTA No. 98-4) Communication from staff titled City Council Study Session dated July 19, 1999 ZTA No. 98-4 (Outdoor Dining w/Alcohol) transmitting the Planning Commission, staff and Police Department recommendations and a summarization by the Assistant City Administrator Communication from Charlene Bauer, city resident, dated July 19, 1999 in opposition to the proposal for outdoor dining with alcohol in the downtown area PUBLIC COMMENTS REGARDING STUDY SESSION & CLOSED SESSION AGENDA ITEMS CHUCK SCHEID informed Council that in the past, business owners have stated that they only wanted outdoor dining and not alcohol; that these sentiments could probably be located on video tapes of past Council meetings. Mr. Scheid stated that the Police Chief opposes outdoor dining with alcohol. Mr. Scheid stated he had spoken with members of the City Council who have stated that they wish to follow the recommendations of the Police Chief. Mr. Scheid 591 Page 2 - Council/Agency Minutes— 07/19/99 requested that the Council accept the recommendations of the Police Chief in the matter of outdoor dining with alcohol. (CITY COUNCIL/REDEVELOPMENT AGENCY) STUDY SESSION - DOWNTOWN OUTDOOR DINING WITH ALCOHOL — PROPOSED ZONING TEXT AMENDMENT NO. 98-4 (450.20) The City Council considered a communication from Planning Director Zelefsky transmitting for Council review a proposed ordinance, legislative draft ordinance, and draft license agreement with conditions of approval, which have been revised to reflect the recommendations made by the Planning Commission on June 22, 1999. This item is scheduled for a tentative City Council public hearing on August 2, 1999. The following communications had been distributed earlier to Council during late communications: Communication from staff titled City Council Study Session dated July 19, 1999 ZTA No.. 98-4 (Outdoor Dining w/Alcohol) transmitting the Planning Commission, staff and Police Department recommendations and a summarization by the Assistant City Administrator. Communication from Charlene Bauer, city resident, dated July 19, 1999 in opposition to the proposal for outdoor drinking in the downtown area. Assistant City Administrator Fallon informed Council that Herb Fauland, Senior Planner, would report on the Planning Commission and Planning staff recommendations and the differences between the recommendations. She stated that Planning Commission member Ed Kerins would report on the subject followed by a presentation from Police Chief Lowenberg. Senior Planner Fauland referred Council to the Planning Department report in the Late Communication packet titled City Council Study Session dated July 19, 1999, Zoning Text Amendment 98-4 (Outdoor Dining w/Alcohol) which had been announced earlier under Late Communications by the City Clerk. Senior Planner Fauland reported on the purpose of the proposed ordinance, the Planning Commission recommendation, staff recommendation, and the Police Department recommendation, all described in the Planning Department report. Discussion was held between Council and staff regarding the procedure which could be incorporated to cover issues, including how licenses could be revoked. Senior Planner Fauland referred to a wall chart listing the establishments which could meet the criteria if their establishments recycle; sidewalk widths; and minimum necessary improvements for a one year test period. Daryl Smith, Superintendent, Parks, Trees, and Landscape Division, Public Works Department, reported on the wall chart and outlined changes which would have to be made in the area, including sidewalk planter areas, for a one year test period. Councilmember Bauer stated that he could not be supportive of any plan that would require taking out trees, planters or that requires street work. He spoke regarding the under age clientele in the downtown area compared with other cities such as Santa Monica. He spoke regarding the opposition of a business owner whom he encountered who had been informed that a charge would be made to utilize the sidewalk for outdoor dining. He reported on the recent downtown tour where a business owner had expressed opposition to the process to have outdoor dining. He spoke regarding his concern that if an alcohol permit is revoked there will be additional legal action work for the City Attorney's Office. 592 07/19/99 - Council/Agency Minutes- Page 3 Mayor Green stated that the Redevelopment Agency should fund a police officer as well as a code enforcement officer. He stated that the Redevelopment Agency should make their recommendation for a BID (Business Improvement District) stronger. Mayor Pro Tern Garofalo stated that at almost no cost the city could experiment with the outdoor dining with alcohol for a one year period. Ed Kerins, Planning Commissioner informed Council that he had polled his homeowner's association and his church club. He reported on the membership's concerns that alcohol could not be controlled; however, those responding expressed their desire for the opportunity to enjoy a meal with a glass of wine. He reported on the Planning Commission recommendation. Police Chief Lowenberg reported on the subject and referred to his department's communication dated July 14, 1999 regarding the proposal to allow outdoor dining with alcohol. Said communication is titled Downtown Outdoor Dining w/Alcohol (Zoning Text Amendment No. 98-4) which was announced earlier in the meeting by the City Clerk during Late Communications. Police Chief Lowenberg distributed ten photographs depicting outdoor dining in other cities which he explained show how the lay out of these cities' downtown areas make outdoor dining with alcohol more workable and feasible. The Police Chief spoke regarding the state grant to combat alcohol problems during the summer months which had been received from the state. Police Chief Lowenberg distributed a memorandum dated July 14, 1999 from S. E. Johnson, Sergeant Uniform Division to Administrative Sergeant to A. J. Sollecito, Lieutenant, South Area Commander, titled Overview of the Downtown Area for July 10, 1999 and July 11, 1999. The Police Chief informed Council of the reasons for his opposition to outdoor dining with alcohol. He listed recommendations of his department should the Council approve outdoor dining with alcohol. The photographs and memorandum distributed by the Police Chief were presented to the City Clerk. Further discussion was held between Council and staff. Assistant City Administrator Fallon spoke at length regarding the issue. Councilmember Sullivan expressed his concern regarding various issues related to the proposal for outdoor dining with alcohol. He stressed that whether regulations can be enforced is the utmost issue. Assistant City Administrator Fallon stated that use of cords for barriers are not workable as children can swing on them and fall and hit their head on the sidewalk. She spoke regarding the down side of the existing outdoor dining ordinance. Councilmembers Sullivan and Harman spoke regarding the desire to close Main Street off for a pedestrian mall. Discussion was held regarding the timing for a public hearing and the Police Chief stated that one of his staff would be present at the public hearing should it be scheduled for August 2, 1999. MOTION TO RECESS TO CLOSED SESSION A motion was made by Sullivan, second Harman to recess to Closed Session on the following item: The motion carried by unanimous vote with Julien recorded absent. 593 Page 4 - Council/Agency Minutes— 07/19/99 (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) RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING Mayor Green reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:00 p.m. The City Attorney reported on action taken by the City Council in Closed Session on June 7, 1999 which requires report as required by law (Government Code §54957.1(a) (3) (B)). (CITY COUNCIL) REPORT OF ACTION TAKEN PURSUANT TO GOVERNMENT CODE SECTION 54957.1 ON JUNE 7, 1999 CITY COUNCIL CLOSED SESSION — HOLTZ VS CITY OF HUNTINGTON BEACH O.C.S.C.C. NO. 795690 (120.80) City Attorney Hutton read the following report: The City Council gave its approval to accept plaintiff's offer to settle this case in the amount of $57,500.00. The action, the defendants, and other particulars shall; once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize its ability to effectuate service of process on one or more served parties or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage by unanimous vote with Julien recorded absent. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: Julien 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. 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: Communication from the Chief of Police dated July 14, 1999 titled Downtown Outdoor Dining w/Alcohol (ZTA No. 98-4) 594 07/19/99 - Council/Agency Minutes- Page 5 Communication from staff titled City Council Study Session dated July 19, 1999 ZTA No. 98-4 (Outdoor Dining w/A/cohol)-transmitting the Planning Commission, staff and Police Department recommendations and a summarization by the Assistant City Administrator. Communication from Charlene Bauer, city resident of Huntington Beach dated July 19, 1999 in opposition to the proposal for outdoor drinking in the downtown area. Communication from A. J. Sollecito, Police Sergeant South Area Commander, dated July 14, 1999 titled Overview of the Downtown area for July 10, 1999 and July 11, 1999. Various photos relating to the Downtown Outdoor Dining issue submitted by the Chief of Police. Slide show presentation from the City Treasurer dated July 19, 1999 titled May 1999 Investment Summary. Communication from Don Fisher, Law Offices of Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP, attorneys for Charles Cather dated July 19, 1999 titled Regarding GPA 99-1, ZTA 99=1, ZMA 99-1; to change the land use designation from Visitor -Serving Commercial to High Density Residential location: Two half -blocks located on the north side of Pacific Coast Highway between Sixteenth and Eighteenth Streets and transmitting his conditions of agreement. Slide show presentation from the Public Works Director dated July 19, 1999 titled Proposed Water Rate Increase October 1, 1999. Slide show presentation from the Economic Development Director dated July 19, 1999 titled Approval of 19992000 Action Plan for CDBG and HOME Programs. Slide show presentation from the Public Works Director dated July 19, 1999 titled Twice Per Month Street Sweeping Program. Communication from Dickson Company, Inc. regarding the agenda items relative to the bid award for street sweeping dated July 19, 1999. PRESENTATION — By Mayor Peter Green and Public Works Director Bob Beardsley to Public Works Department employees Scott Adams, water meter repair worker and Ray Bierbrodt, painter. A plaque and a check each in the amount of $750 for their suggestion entitled "Touch Read Meter Box Covers". This suggestion has saved the City over $15,000 the first year and is expected to save the City approximately $40,000 each for the next two fiscal years. PRESENTATION — To Mayor Peter Green and City Council by Surf City Festival Co -Chairs, Ed Laird and Pat Seitz. A presentation of Surf City Festival T-shirts and an invitation to the City Council to the Surf City Festival to be held July 24 and 25 in the parking lot at the Huntington Beach Mall on the Edinger Avenue side. PUBLIC COMMENTS RICK ANDERSON referred to the street sweeping bid award item scheduled later in the meeting and informed Council that his company, California Street Maintenance, is ready to do a good job for the city on the street sweeping contract. 595 Page 6 - Council/Agency Minutes— 07/19/99 STEVE DICKSON, President of R. F. Dickson Company, Inc., stated that his company had not heard of the street sweeping project and if they had they would have bid. He requested an opportunity to submit a bid. ANI SAMUELIAN stated that her company was not notified of the bid opportunity and requested an opportunity to submit a bid for street sweeping. LEE LOVE, Huntington Dog Beach representative, addressed Council regarding the improvements being made at the dog beach. She stated that they have three paid employees that clean the beach and bluff. She spoke regarding their organization's activities. DEBBIE SYMMES displayed photographs of a business establishment near her home at Beach Boulevard and Adams Avenue, that serves alcohol; that the business proposed to go in now is requesting special parking provisions. Ms. Symmes spoke regarding the decline in property values from these businesses. She distributed photographs to the City Council. Councilmember Bauer clarified details of exact locations relative to the issue. DON MC GEE spoke regarding planes doing aerial advertising and his dealings with the FAA regarding this matter. JACQUES BLACKBURN addressed Council regarding his opposition to the removal of parking and the need for a lower speed limit on Newland Street. JUAN GUARDIOLA spoke in opposition to the removal of parking on Newland Street which is proposed by the city. Mayor Green stated that this item would be on the Public Works Commission agenda next week JOAN STACY spoke in opposition to the removal of parking on Newland Street. She stated that several years ago this issue had been raised and she thought it had been resolved. She stated that she needed this parking for delivery, and for people to pick her up to drive her to the doctor. She stated that a real estate agent had told her that homes could decrease $20,000 and become rentals if the parking on Newland Street was removed. Ms. Stacy requested that the speed limit be reduced to 40 mph which would reduce accidents. She suggested eliminating the bike lane to provide for left-hand turn lanes and still allow parking on Newland Street. MARY HODOWANEC spoke in opposition to removal of parking on Newland Street. She stated that she believes this proposed parking removal is unfair to Huntington Beach residents who need street parking. She informed Council that the speed should be.lowered and the speed limit enforced as it is in other beach cities in California. Ms. Hodowanec presented a copy of her letters to the City Clerk. AL DE AUGUSTINE spoke in opposition to eliminating curb side parking on Newland Street. He stated that he realizes the left turn pocket is being proposed by the city for safety issues. He informed Council that there will be no way of knowing if a guest appears to visit him; that there are other ways to put a left turn lane in, such as was done at Indianapolis Avenue and Newland Street and at Warner Avenue and Newland Street. He presented his communication on the matter to the City Clerk. Councilmember Bauer inquired of the City Administrator as to the procedure and why the Council was not aware of the Newland Street issue. me, 07/19/99 - Council/Agency Minutes- Page 7 Public Works Director Beardsley stated that this proposal came as a request of residents in the area of Newland Street; north of Yorktown Avenue and south of Garfield Avenue. He stated that rear end accidents have been occurring. He spoke regarding the matter and announced the time of the Public Works Commission hearing on this matter. Councilmember Harman requested information relative to the procedure regarding the role of the Public Works Commission in this matter. Mayor Pro Tem Garofalo presented questions regarding what the procedure is for reaching a decision relative to this issue. Further discussion was held between Councilmembers and staff. City Clerk Brockway informed Council that it is her understanding that the Public Works Commission does not have a final decision in matters and that it has an advisory only role to the Council. LESLIE HODOWANEC spoke in opposition to removal of parking on Newland Street. She stated that there are no options for the homes as they have no access to the area other than alleys; that access is needed for care givers who visit disabled neighbors. She stated that left turns are already allowed. Ms. Hodowanec stated that the speed limit used to be 40 mph and now it has been raised to 50 mph. She spoke regarding enforcement issues, stating reducing the speed limit and the use of left hand turn signals would do a substantial amount in decreasing the accidents and make the street safer. ED SPANUTIUS addressed Council regarding the bar/restaurant that is to open behind his home near Adams Avenue and Beach Boulevard He stated that he is opposed to the businesses locating there as he had moved from the city of Lakewood to avoid this type of neighborhood. He spoke regarding the configuration of the property that does not lend itself to this type of business and that it had once been a location for business offices. Mr. Spanutius stated that this business would only be 20 feet away from his children. GIL FLORES presented opposition to the proposed bar/restaurant at Adams Avenue and Beach Boulevard stating that his residence is surrounded by restaurants which have caused an alarming increase in parking problems. JOSEPH GIES stated that if the planned removal of parking had already been done he would not have moved into the tract at Newland Street. He presented reasons why he was opposed to the removal of parking including his handicapped friends and family that would not be able to access his home. He stated that handicapped persons have a disadvantage in this whole area. Mr. Gies stated that they have no driveways at their homes at which to park. DAVID CARLSEN stated that he believes so many speakers spoke out regarding the removal of parking on Newland Street because he had requested his neighbors to do so. He requested that meetings be held at hours when the public can attend. Mr. Carlsen requested that it be put in writing that it not be proposed again as it has been in the past or the property owners will sue. He stated that Public Works Commission meetings should not be scheduled at 5:00 p.m. as people cannot attend. 597 Page 8 - Council/Agency Minutes— 07/19/99 City Administrator Silver stated that this item would be scheduled later on the Public Works Commission meeting agenda; that the material is available in the Public Works Department. He informed Council that the Public Works Director has authority in the code to make this decision but had decided to bring it to the Public Works Commission. Request for Speed Check and Analysis of Speed Limit History on Newland Street Mayor Pro Tern Garofalo requested that the City Administrator consider having the Public Works Commission meetings begin at 6:00 p.m. He requested that a speed check and analysis be made by the Police Department and also the history of the speed limits. Request for Items to Appear Before Council - Regarding Newland Street Parking Removal and Restaurant at Beach Boulevard/Adams Avenue In response to Mayor Pro Tern Garofalo, Planning Director Zelefsky informed the Council when the restaurant issue will appear before the Zoning Administrator. Councilmember Bauer stated he would like a letter from the staff advising of the staffs position on this matter. Councilmember Harman stated that he wants the issue of removal of parking on Newland Street as well as the issue of the proposed restaurant at Beach Boulevard and Adams Avenue to come before the City Council. Discussion Regarding Street Sweeping Bid Councilmember Harman inquired as to the comments of the speakers who requested an opportunity to bid on the street sweeping project. Public Works Director Beardsley informed Council of the methods that were used to advertise the project. Further discussion was held. (CITY COUNCIL) UPDATE ON CONSTRUCTION OF LIFEGUARD STATION ZERO AND PIER RESTROOMS (600.80) City Administrator Silver reported on a communication from Public Works Director Beardsley regarding the status of the construction of Lifeguard Station Zero and the Pier Restrooms. CLAY MARTIN, DIRECTOR OF ORGANIZATIONAL EFFECTIVENESS INTRODUCED (600.10) City Administrator Silver introduced Clay Martin whose Department Head employment contract is scheduled later on the City Council agenda. Mr. Martin will serve as Director of Organizational Effectiveness and will handle future managed competition issues. He reported that he will also be working on other subjects such as the BEST Program. (CITY COUNCIL) REVIEWED & ACCEPTED CITY TREASURER'S MAY, 1999 INVESTMENT SUMMARY REPORT (310.20) A communication from the City Treasurer transmitting the Monthly Investment Report for May, 1999 had been distributed to Council at the meeting and announced by the City Clerk as a Late Communication. 07/19/99 - Council/Agency Minutes- Page 9 City Treasurer Freidenrich presented a staff report. She responded to Mayor Pro Tern Garofalo's questions regarding the difference between how the PERS agency invests and how the city invests, stating that the city has certain restrictions that PERS investors do not have. City Treasurer Freidenrich responded to Councilmember Sullivan's questions regarding the time length of investments as well as other issues. A motion was made by Garofalo, second Sullivan to accept the monthly report. Following review of the report, accept the Monthly Investment Report Summary Of Investment Portfolio for May, 1999, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried unanimously. REPORT FROM POLICE CHIEF REGARDING DOWNED AIRCRAFT - NO INJURIES REPORTED (120.70) Police Chief Lowenberg reported that he had just received information regarding a downed light aircraft near Boeing Aircraft Company. He stated that the aircraft had landed between two residential homes and that there were no injuries reported. He stated that the NTB is on site as well as Fire Department paramedics and Police Department personnel. (CITY COUNCIL) DECISION RE: CLOSED PUBLIC HEARING ON GPA NO. 99-1/ 99-1/ZMA NO. 99-11LCPA NO. 991 (PACIFIC COAST HIGHWAY LOT REDESIGNATIONS) — N/S PACIFIC COAST HIGHWAY BETWEEN 16T" & 18TH STREETS — (APPLICANT: CITY OF HUNTINGTON BEACH) - INTRODUCTION OF ORDINANCE NO. 3419 APPROVED (440.50) The Mayor stated that this was the time set forth for a decision regarding a public hearing which had been closed on July 6, 1999 with decision continued to this meeting. The subject matter is as follows: Applicant: City of Huntington Beach Request: General Plan Amendment: Rescind Resolution No. 99-27 which previously approved a change from Visitor Serving Commercial to Residential High Density on the subject properties, and reinstate the original General Plan designation of Visitor Serving Commercial. Zoning Text Amendment/Zoning Map Amendment: Uphold the zoning of Downtown Specific Plan District 1 (Visitor Serving Commercial) for the subject properties. Local Coastal Program Amendment: Rescind Resolution No. 99-28 which previously approved an amendment to the Local Coastal Program to reflect the approved change to the General Plan for the subject properties. Location: Two (2) half -blocks (20 lots total) which are approximately 1.82 net acres on the north side of Pacific Coast Highway, between 16th and 18th Streets. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Communication from Don Fisher, Law Offices of Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP, attorneys for Charles Cather dated July 19, 1999 titled Regarding GPA 99-1, ZTA 99-1, ZMA 99-1; to change the land use designation from Visitor -Serving Commercial to High Density 599 Page 10 - Council/Agency Minutes— 07/19/99 Residential location: Two half -blocks located on the north side of Pacific Coast Highway between Sixteenth and Eighteenth Streets and transmitting his conditions of agreement. Mr. Kevin Kelter, property owner, informed Council that he was present to answer any questions. Planning Director Zelefsky presented a staff report Councilmember Dettloff expressed her concern relative to the last paragraph of the communication submitted by Palmieri, Tyler, Wiener, Wilhelm and Waldron LLP, (Don Fisher) attorneys for Charles Cather. She questioned whether the covenant would be binding. City Attorney Hutton stated that she believes the wording is somewhat open-ended on one of the conditions; however, that she has not seen the specific covenant. A motion was made by Bauer, second Green to approve the following recommended action including introduction of Ordinance No. 3419 after reading by title by the City Clerk: Approve introduction of Ordinance No. 3419 - (Attachment No. 1) to the Request for Council Action dated July 19, 1999, approving Zoning Text Amendment No. 99-1 and Zoning Map Amendment No. 99-1 for all 20 lots between 16th and 181h Streets with findings (* Attachment No. 3) (Staff's Original Recommendation) — Ordinance No. 3419 —An Ordinance of the City of Huntington Beach Amending the Downtown Specific Plan to Redesignate the Real Property Generally Located on Pacific Coast Highway Between 161h and 18th Streets from Downtown Specific Plan District 1 (Visitor Serving Commercial) to Downtown Specific Plan District 2 (Residential) (Zoning Text Amendment No. 99-1 and Zoning Map Amendment 99-1)." * See Page No. 26 for Findings and Conditions of Approval (Attachment No. 3). The motion carried by the following roll call vote: AYES: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Julien (CITY COUNCIL) PUBLIC HEARINGS - APPEALS FILED BY FOOTHILL PROJECT MANAGEMENT - (PERFORMANCE SALES PHASES I & 11) MEHDI BOLOURIAD TO PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 98-62 — SfW CORNER BEACH/YORKTOWN & CONDITIONAL USE PERMIT NO. 98-85 — N/W CORNER BEACH/YORKTOWN -APPEALS DENIED (420.40) Mayor Green announced that this was the time for public hearing on the following appeals: (a) (Appeal) Conditional Use Permit No. 98-62 Mehdi Bolouriad (Performance Sales Phase I): Appel lant/Applicant: Corrie Kates, Foothill Project Management — Mehdi Bolouriad Request: Appeal of the Planning Commission's denial of a request to establish a 2,437 square foot, two (2) story auto sales facility on an 18,200 square foot lot. The request includes 19 parking spaces for display vehicles and 14 parking spaces for customers. 511 07/19/99 - Council/Agency Minutes- Page 11 Location: 19501 Beach Boulevard (s/w comer of Beach Boulevard and Yorktown Avenue) Environmental Status: The above item is categorically exempt from the provisions of the California Environmental Quality Act. (b) (Appeal) Conditional Use Permit No. 98-85 Mehdi Bolouriad (Performance Sales Phase II) Appellant/Applicant: Corrie Kates, Foothill Project Management — Mehdi Bolouriad Request: Appeal of the Planning Commission's denial of a request to establish a 1,741 square foot, two (2) story auto sales facility on an 18,900 square foot lot. The request includes 17 parking spaces for display vehicles and 13 parking spaces for customers. Location: 19475 Beach Boulevard (n/w comer of Beach Boulevard and Yorktown Avenue) Environmental Status: The above item is categorically exempt from the provisions of the California Environmental Quality Act. Scott Hess, Principal Planner, presented a staff report and stated that a copy of the slide report would be available in the City Clerk's Office tomorrow morning. Principal Planner Hess informed Council of the letters which have been received by the Planning Commission at the time of its hearing. He described specific locations of various auto dealers and businesses in the area and stated that pedestrian circulation between projects is undesirable. Legal notice as provided to the City Clerk's office by staff had been mailed, published and posted. Mayor Green declared the hearings open on both appeals. CORRIE KATES, Foothill Project Management representing Mehdi Bolouriad, presented reasons in support of his appeal. He stated that it is a lighted intersection and can be safely traversed by pedestrians. Mayor Pro Tern Garofalo questioned the Police Chief relative to a sixteen wheeler being off loaded in this area. The Police Chief reported that this is not legal. Planning Director Zelefsky responded to Mayor Pro Tern Garofalo that living in a trailer at the area is not permitted; that there is a security guard there and that is also not permitted. Mr. Kates stated that he agrees the off-loading should not be permitted. STEVE SCHUMM stated his opposition to approval of the appeal. He stated that the appellant has a trailer on one side of the street without permission and has been issued citations. He stated that he has not yet complied with simple things such as removal of a trailer. Mr. Schumm referred to a letter in the Planning Commission packet stating that the operator on the other side of Beach Boulevard does not support the appeal. Mayor Green requested clarification of the points in his letter in the packet regarding soil contamination and Mr. Schumm responded. Mr. Schumm presented other reasons in 601 Page 12 - Council/Agency Minutes— 07/19/99 opposition including parking. Discussion was held between Mr. Schumm and Councilmember Sullivan. Councilmember Bauer requested the City Administrator take action to correct the problem if allegations of code violations are true. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the hearings were closed by the Mayor. A motion was made by Bauer, second Sullivan to approve the following Planning Commission/staff recommended actions on Conditional Use Permit No. 98-62 and Conditional Use Permit No. 98-85, with Findings for Denial as set forth in (* Attachment No. 1) to Request for Council Action dated July 19, 1999 as follows: * See Page No. 27 for findings (Attachment No. 1). The motion carried by unanimous roll call vote with Councilmember Julien recorded absent. (CITY COUNCIL) PUBLIC HEARING TO CONSIDER INCREASE IN WATER USE RATES FOR FISCAL YEAR 1999-2000 - APPROVED ADOPTION OF RESOLUTION NO. 99-33 — ADJUSTS WATER RATES/STRUCTURE — APPROVED ADOPTION OF RESOLUTION NO. 99-34 — ESTABLISHES THE SURCHARGE UNDER THE HUNTINGTON BEACH WATER MASTER PLAN — ADOPTED RESOLUTION NO. 99-55 — ESTABLISHES ANNUAL ADJUSTMENT FORMULA (1000.20) Mayor Green announced this was the time scheduled for a public hearing for the purpose of considering 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 at the City Clerk's Office for review by the public. A communication had been received from Phyllis Pearson in opposition to the proposed rate increase. This communication was received by the City Clerk July 14, 1999 and placed in the City Council agenda packet. Legal notice as provided to the City Clerk's office by staff had been published and posted. Public Works Director Beardsley presented a staff report using the slide report which had been announced earlier in the meeting by the City Clerk titled Proposed Water Rate Increase October 1, 1999. Mayor Green declared the hearing open. DEAN ALBRIGHT informed Council that he does not believe it makes sense to increase the water rate if 15% is going into the Water Fund. He stated that it seems the public is being asked to subsidize the General Fund. Mr. Albright stated that he believes that people will ask why the money is going into the General Fund when there are infrastructure needs to be addressed. 602 07/19/99 - Council/Agency Minutes- Page 13 ALAN DAUGER informed Council that apartments have subsidized single family homes and that the new fee structure is still unfair -as many apartments share a single meter. He stated other reasons why it is unfair. He recommended that a solution to the unfaimess is to apply a percentage of the single family home rate to apartments. He urged Council to reject the increase and adopt a more fair fee structure. DAVID CORDERO spoke on behalf of the Apartment House Association and in opposition to the proposed increase for the reason that the meter size is not the same as for that of single family homes. He stated that he believes the city could be in conflict with Proposition No. 218 if this proposal is approved. He presented reasons for his opinion. 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. Discussion was held by Council. Public Works Director Beardsley reviewed the slide report relative to the increases in expenses. Dennis MacLain, Department of Public Works, Interim Water Operations Manager, reported on the line item for depreciation required by the state which can be used for reserve. Councilmember Dettloff spoke regarding the work of the City Council Water Fund Committee and the analysis that had been made of the issue. In response to Mayor Pro Tern Garofalo, City Attorney Hutton reported on the ordinance which enables Council to set the policy. Mayor Pro Tern Garofalo questioned the City Attorney regarding the issue of the apartment rate being charged the same as for single family homes as it relates to Proposition No. 218. A motion was made by Bauer, second Dettloff to approve the following recommended action: Adopt Resolution No. 99-33 - revising the water rate structure and increasing water rates for operating costs effective July 1, 1999, February 1, 2000 and July 1, 2000 — "A Resolution of the City Council of the City of Huntington Beach Adjusting Water Rates Relating to Section 14.12.040 of the Huntington Beach Municipal Code." and 2. Adopt Resolution No. 99-34 - modifying the application of the Water Master Plan surcharge — "A Resolution of the City Council of the City of Huntington Beach Establishing the Capital Facilities Charge and the Capital Surcharge Under the Huntington Beach Water Master Plan." and 3. Adopt Resolution No. 99-50 — establishing guideline formulas for future water rate adjustments — "A Resolution of the City Council of the City of Huntington Beach Establishing Formulas for the Annual Adjustment of the City's Water Rates." lI' Page 14 - Council/Agency Minutes— 07/19/99 A motion was made by Garofalo, second Harman to amend the motion made by Bauer, second Dettloff, to make the portion within Resolution No. 99-33 relative to re -payment of the Pier Fund a separate motion.- The motion carried by the following roll call vote: AYES: Garofalo, Green, Harman, Sullivan NOES Bauer, Dettloff ABSENT: Julien A vote was taken on the original motion made by Bauer, second Dettloff, to adopt Resolution No. 99-33, Resolution No. 99-34, and Resolution No. 99-50. The motion carried by the following roll call vote: AYES: Bauer, Green, Dettloff, Sullivan NOES: Garofalo, Harman ABSENT: Julien (CITY COUNCIL) PUBLIC HEARING — 1999/2000 (CDBG) COMMUNITY DEVELOPMENT BLOCK GRANT/HOME ACTION PLAN - APPROVED (340.70) Mayor Green announced that this was the time scheduled for a public hearing to consider the following appeal: TO ALL INTERESTED AGENCIES, GROUPS AND PERSONS: Public comments are encouraged and welcome at this City Council public hearing on the 1999-2000 Action Plan in accordance with the 1995-2000 Consolidated Plan (CP) as required by the U.S. Department of Housing and Urban Development (HUD) for receipt of $1,682,000 in Community Development Block Grant (CDBG) funds, and $683,000 in HOME Investment Partnership (HOME) funds. The 1999-2000 Action Plan proposes the CDBG and HOME budgets from October 1, 1999 to September 30, 2000, a twelve-month period. The City followed its Citizen Participation Plan. The Citizen Participation Advisory Board (CPAB) held one public hearing on community needs and held subsequent monthly public meetings. Citizens may review and comment on the draft 1999/2000 Action Plan in the Department of Economic Development or at the Central Library. The public comment period will begin July 7 and end August 8, 1999. Public comments received during this time will be attached to the Action Plan and sent to HUD. CDBG REVENUE: AMOUNT CDBG 1999/2000 Entitlement Grant $1,682,000 CDBG PROPOSED ACTIVITIES: Administration $300,460 Fair Housing Council 35,940 Code Enforcement Program 135,125 Housing Rehabilitation — Administration 79,140 ADA Retrofit of Police Dept. 50,000 Street Improvements, Enhancement Areas 185,300 Sewer Repair, Enhancement Areas 418,335 Wheelchair Access Ramps 54,900 HB Community Clinic Rehabilitation 30,000 Oak View Child Development Center Rehabilitation -Phase 1 100,000 Adult Day Services 20,000 Boys & Girls Club - Financial Assistance 15,000 Community Service Programs (Gang Prevention) 26,500 Episcopal Service Alliance 12,000 HB Community Clinic 42,686 Interval House Crisis Shelters 15,000 Job Center 10,000 Oak View Community Center 27,314 Oak View Branch Library Literacy Program 25,000 M 07/19/99 - Council/Agency Minutes- Page 15 Project Self -Sufficiency Seniors Outreach Program Orange County Council on Aging TOTAL: PROGRAM INCOME (Estimated): Payments and interest received from housing rehab loans are made available for new loans through a Revolving Loan fund. $250, 000 HOME Investment Partnership In an effort to expand and preserve its existing affordable housing stock, Huntington Beach has worked with Community Housing Development Organizations (CHDOs) to acquire multifamily rental properties. These buildings are rehabilitated and then are made available to persons below 60% of Orange County median income for a minimum of 30 years. The CHDO must enter into an agreement with the City that outlines all of the affordability requirements, property maintenance standards, and long-term monitoring requirements that are required by HOME regulations. The following activities are proposed for the 1999/2000 HOME program: HOME REVENUE: HOME 1999/2000 Entitlement Grant AMOUNT-$683,000 HOME PROPOSED ACTIVITIES: Administration $68,300 Acquisition $614,700 The CP sets local policies and priorities for the development of a viable urban community by providing decent housing and a suitable living environment and expanding economic opportunities principally for low- and moderate - income persons. The city intends to extend and strengthen partnerships among all levels of government and the private sector, including for -profit and non-profit organizations in order to provide for: the production and operation of affordable housing; a suitable living environment improving the safety and livability of neighborhoods; assistance to homeless persons and persons at risk of becoming homeless to obtain appropriate housing, without discrimination on the basis of race, color, religion, sex, national origin, familial status, or disability; and expand economic opportunities including job creation and retention. Section 108 Loan Guarantee Program The City of Huntington Beach has successfully submitted applications to HUD for two Section 108 Loans, a program designed to fund large projects with significant community impact. The following Section 108 Loan Applications have been approved by HUD: City Gym and Pool Renovation Waterfront Project AMOUNT $ 2,570,000 $ 6,000,000 The CP includes priorities for completion of the City Gym and Pool Project and the Waterfront Project. Public comments can be made at the hearing and later during the public review period. A copy of the Draft Action Plan, which includes a detailed listing and description of the proposed activities is available at the Central Library, 7111 Talbert Avenue, Monday through Saturday during normal library hours; and at the Economic Development Department, 5th floor, 2000 Main Street, Huntington Beach, Monday through Friday. Written comments can be addressed to: Connie Brockway, City Clerk, City of Huntington Beach, 2000 Main Street - 2nd floor, Huntington Beach, California 92648. 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 show presentation from the Economic Development director dated July 19, 1999 titled Approval of 199912000 Action Plan for CDBG and HOME Programs. 605 Page 16 - Council/Agency Minutes— 07/19/99 Economic Director Biggs presented a staff report. Mayor Green opened the hearing. CRISTY MC ABEE, Episcopal Service Alliance, informed Council that some time ago there was an article in the Independent Newspaper regarding their charitable organization. She informed Council of the services they offer. She reported that she had written information regarding their services should Council decide to review it. AMY CREPEAU, Literacy Volunteers of America, thanked the Council for their continuing support. She informed Council of the services offered by the Oakview Branch Library Program. DR. CORDULA DICK-MUEHLKE, representing Adult Day Services, informed Council of their services offered to frail seniors and Alzheimer's patients. She requested Council approval of their program funding. There being no persons present to speak further on the matter and there being no protest files, either written or oral, the hearing was closed by the Mayor. A motion was made by Garofalo, second Dettloff to approve the 1999/2000 Action Plan (AP), Attachment 1, for the CDBG Program in the amount of $1,682,000 and the HOME Program in the amount of $683,000, for the 1999/2000 program year (October 1,1999 to September 30, 2000); authorize the City Administrator to execute the required certifications; and authorize submission of the Action Plan to the U.S. Department of Housing and Urban Development. The motion carried by the following roll call vote: AYES: Bauer, Garofalo, NOES: None ABSENT: Julien Green, Dettloff, Harman, Sullivan Councilmembers Harman and Dettloff spoke regarding the merit of this program and the hard work of the CDG Committee and Economic Development staff. CONSENT CALENDAR - ITEM REMOVED FOR SEPARATE DISCUSSION Council by unanimous consensus removed the following item from the Consent calendar for separate discussion with Julien recorded absent: Agency Resolution No. 303 — Loan Agreement (Owner -Participation Agreement/Regulatory Agreement) — Between Agency & Interval House for The Acquisition and Rehabilitation of a Multifamily Property CONSENT CALENDAR - ITEMS APPROVED On motion by Garoflo, second Dettloff Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Bauer, Garofalo, NOES: None ABSENT: Julien Green, Dettloff, Harman, Sullivan M11 07/19/99 - Council/Agency Minutes- Page 17 (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of June 7, 1999 and June 21, 1999 as written and on file in the Office of the City Clerk (CITY COUNCIL) APPROVED PLANS & SPECIFICATIONS & AUTHORIZED ADVERTISEMENT FOR THE CITY GYM & POOL RENOVATION — PHASE TWO, CC-1043 — APPROVED SAMPLE CONTRACT (600.80) -1. Approved the project plans and specifications and authorize the Director of Public Works to request bids for the City Gym & Pool Renovation — Phase Two, CC-1043; and 2. Approved the attached Sample Construction Contract, subject to award of the contract to the lowest responsive/responsible bidder. (CITY COUNCIL) APPROVED REAPPOINTMENT/APPOINTMENTS OF PUBLIC WORKS COMMISSIONERS — SNYDER — RIFFENBURGH — JOHNSON (110.20) —1. Appointed George M. Snyder to the Public Works Commission as recommended unanimously by Council Liaisons Pam Julien and Tom Harman, to replace Commissioner Hicks; for a term to expire 6/30/2003; and 2. Re -appointed Robert R. Riffenburgh and Paul W. Johnson for their second terms to the Public Works Commission as recommended unanimously by Council liaisons Pam Julien and Tom Harman for terms to expire 6/30/2003. (CITY COUNCIL) AUTHORIZED THE EMERGENCY PURCHASE OF DIGITAL 800 MHZ MOBILE FIRE RADIOS TO REPLACE FIRE DEPARTMENT'S ANALOG MOBILE RADIOS (320.45) - Approved and authorized the appropriation of $138,556 from the unappropriated FireMed Fund Reserve Balance (GEF 30101) for the purpose of making an emergency purchase of Motorola digital 800 MHz mobile fire radio equipment. (CITY COUNCIL) ACCEPTED THE CIVIC CENTER 800 MHZ PROJECT CC-1048 & FILE A NOTICE OF COMPLETION — TOWER STRUCTURES, INC. — APPROVED PROJECT BUDGET INCREASE (600.80) — 1. Accepted the Civic Center 800 MHz Project; CC-1048 at a final cost of $229,187, and authorized the City Clerk to file a Notice of Completion with the County's Recorder's Office; and 2. Authorized an increase in the project budget of $6,430 to cover additional costs not included in the original Design/Build contract (CITY COUNCIL) ACCEPTED THE BUS STOP ACCESSIBILITY PROJECT CC-1054 & AUTHORIZED FILING NOTICE OF COMPLETION — KAS EQUIPMENT & RENTAL COMPANY (600.70) — Accepted the Bus Stop Accessibility Project CC-1054 at a final cost of $184,254.64, and authorized the City Clerk to file a Notice of Completion with the County's Recorder's Office. (CITY COUNCIL) ACCEPTED THE BEACH BOULEVARD WATERLINE CROSSINGS PROJECT CC-1091 & FILE A NOTICE OF COMPLETION — GUENO DEVELOPMENT (600.75) — Accepted the Beach Boulevard Waterline Crossings Project CC-1091 at a final cost of $199,386.60, and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (CITY COUNCIL) ACCEPTED THE UNDERGROUND STORAGE TANK REMOVAL & REPLACEMENT PROJECT FOR WATER OPERATIONS - CC-1058 & AUTHORIZED FILING NOTICE OF COMPLETION - GRADIENT ENGINEERS (600.80) — Accepted the Underground Storage Tank Removal & Replacement Project for Water Operations CC-1058 at a final cost of $238,212, and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. 607 Page 18 - Council/Agency Minutes— 07/19/99 (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES AGREEMENT FOR AS -NEEDED CIVIL ENGINEERING SERVICES CONSULTANT— WALDEN & ASSOCIATES (600.10) — Approved Professional Services Contract Between The City Of Huntington Beach And Orange County Walden, Inc., dba Walden & Associates For Engineering Services; authorized the Director of Public Works to expend monies to cover contract expenditures not -to -exceed $250,000 per contract year and authorized the Mayor and City Clerk to execute said agreement (CITY COUNCIL) APPROVED AND ADOPTED RESOLUTION OF INTENT NO. 99-51 TO CONSIDER THE THIRD LEVEL OF 1959 (PERS) SURVIVOR BENEFITS FOR LOCAL MISCELLANEOUS PLAN MEMBERS — INTRODUCTION OF ORDINANCE SCHEDULED FOR AUGUST 2, 1999 (700.50) — Adopted Resolution of Intent providing notice that on August 2, 1999 the City Council will consider introduction of an ordinance to amend the benefits from Level I to Level III for local miscellaneous plan members as contained in Section 21573 of the California Public Employees Retirement Law — Resolution of Intention No. 99-51 — "A Resolution of Intention to Approve an Amendment to Contract Between the Board of Administration California Public Employees' Retirement System and the City Council, City of Huntington Beach': (CITY COUNCIUREDEVELOPMENT AGENCY) ADOPTED AGENCY RESOLUTION NO. 303 — APPROVED A LOAN AGREEMENT (OWNER -PARTICIPATION AGREEMENT/REGULATORY AGREEMENT) — BETWEEN AGENCY & INTERVAL HOUSE FOR THE ACQUISITION AND REHABILITATION OF A MULTIFAMILY PROPERTY (600.30 The City Council considered a communication from the Economic Development Director recommending adoption of an Agency Resolution which would approve a Loan Agreement, Owner Participation Agreement and Regulatory Agreement between the Agency and Interval House. Councilmember Sullivan inquired as to the amount of the loan as he could not ascertain it from the staff report. Economic Development Director Biggs reported on the loan figures and federal reimbursement stating that it would be approximately $585,000. Councilmember Harman presented several questions including the item of a self-liquidating loan. He stated that there did not appear to be adequate controls. Councilmember Harman spoke regarding the importance of this project. He presented questions regarding the matter that it appears the loan does not have to be repaid. Economic Development Director Biggs clarified the matter including that audits will have to be performed. Councilmember Harman stated that he would like the staff reports to state up -front that the loan does not have to be repaid. He spoke regarding the matter of the city having the option to purchase the property thus having an asset and running it the way the city wishes. Economic Development Director Biggs reported on the history of such projects including reasons why city ownership is not the best method. Mayor Pro Tem Garofalo stated that he would rather buy the building and lease it for one dollar a year and then let the organization run it. He requested that this item be continued and presented reasons for his request. In response to Councilmember Dettloff, Economic Development Director Biggs stated that not every investment is structured this way; in general they are evaluated on a case by case basis. 0 07/19/99 - Council/Agency Minutes- Page 19 A motion was made by Dettloff, second Green to approve the following recommended Redevelopment Agency action and City Council action: Adopt Agency Resolution No. 303 — 'A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving an Affordable Housing Agreement by and Between the Redevelopment Agency of the City of Huntington Beach and Interval House Crisis Shelters, a California Nonprofit Corporation"— authorizing a loan agreement between the Redevelopment Agency and Interval House Crisis Shelters for the acquisition and rehabilitation of a property located in the Oakview Redevelopment Project Subarea, near the vicinity of Beach Boulevard and Warner Avenue; and 2. Approve an Owner Participation Agreement between the Redevelopment Agency and Interval House and authorize execution of the agreement and all attachments by the Agency Chairperson and Agency Clerk; and 3. Authorize the wire transfer of Agency funds in the amount necessary to Talbrook II Escrow Corporation (Escrow #9442 ME) to effect the closing of the acquisition escrow. Approve City Council Action: Waive the city's insurance requirements for purposes of approving the Agency loan agreement only. Directed staff to ensure that the minimum insurance requirements are met by Interval House by the start of rehabilitation activities. A motion was by Garofalo, second Garofalo to table the item. In response to Councilmember Harman, Economic Development Director Biggs reported that unless escrow closes by July 22, 1999 the seller has stated the deal would be canceled. Barry Curtis stated that they have been informed that escrow may be cancelled by the seller. Councilmember Harman stated he agreed with Mayor Pro Tern Garofalo that there should be choices available to Council, however, that he favors the project and does not want to delay it. Councilmember Sullivan stated he will reluctantly support the recommended action. The motion made by Garofalo, second Bauer to table the item failed by the following roll call vote: AYES: Garofalo NOES: Bauer, Green, Dettloff, Harman, Sullivan ABSENT: Julien The motion made by Dettloff, second Green carried by the following roll call vote: AYES: Bauer, Green, Dettloff, Harman, Sullivan NOES: Garofalo ABSENT: Julien M Page 20 - Council/Agency Minutes— 07/19/99 Study Session To Be Scheduled Regarding Owner Participation Agreement (OPA) Projects And Loans. The City Council requested that a study session be scheduled on such agreements as the aforementioned Interval House project. (CITY COUNCIL) — APPROVED CITY COUNCIL POSITION ON PENDING STATE LEGISLATION AS RECOMMENDED BY THE CITY COUNCIL INTERGOVERNMENTAL RELATIONS COMMITTEE — SENATE BILL 320 (SOLIS) INCREASES TO WORKER'S COMPENSATION BENEFITS (120.70) The City Council considered a communication from the City Administrator's Office informing Council of the City Council Intergovernmental Relations Committee recommendation that the City Council oppose Senate Bill 320 (Increases to Workers Compensation Benefits) and authorize the Mayor to send a letter to reflect this position to the state legislators representing Huntington Beach. Administrative Services Director Reekstin presented a staff report. A motion was made by Dettloff, second Bauer to approve the recommendation of the Intergovernmental Relations Committee to Oppose Senate Bill 320 (Solis) which increases Workers' Compensation benefits for all injured employees and authorize the Mayor to send letters of opposition to our state legislators. The motion carried by the following roll call vote: AYES: Bauer, Dettloff, Harman, Sullivan, (Green absent from the room) NOES: None ABSTENTIONS: Garofalo ABSENT: Julien (CITY COUNCIL) — APPROVED CONTRACT WITH CALIFORNIA STREET MAINTENANCE TO REINSTATE "TWICE PER MONTH" STREET SWEEPING — MSC-379 — REJECTED LOW BID SUBMITTED BY UNIVERSAL STREET SWEEPING (600.90) The City Council considered a communication from the Public Works Director informing Council that on June 14, 1999, staff received bids for the reinstatement of "twice per month" street sweeping. Subsequent to the receipt of these bids staff reviewed each document. Initially the low bid submitted by Universal Street Sweeping was deemed acceptable. However, it was later determined that Universal Street Sweeping would be subcontracting the work to owner/operators. The bid documents stipulate that the contractor shall pay prevailing wage rates. Public Works Director Beardsley presented a staff report using slides. He stated that staff had exceeded the notice requirements for this project. ANI SAMUELIAN approached the podium at the request of Mayor Pro Tem Garofalo and made a statement regarding the bid process. Public Works Director Beardsley reported on the methods by which the bid was advertised. ANI SAMUELIAN informed Council that she had sent letters to the city every year as well as made phone calls and that they had been informed the bid process would be in-house and that they would be notified. 610 07/19/99 - Council/Agency Minutes- Page 21 Counilmember Sullivan questioned if the bid process could be reopened and the City Attorney stated that it could. He also questioned why it is the city's business if the prevailing wage rate is paid by the private company. Mayor Pro Tem Garofalo stated that to not have two of the three largest companies bid is not feasible. In response to Councilmember Dettloff, Public Works Director Beardsley stated that re -bidding would take approximately two months. The City Attorney responded to Councilmember Dettloff relative to the method that should be followed to contact proposed bidders. A motion was made by Harman, second Garofalo to approve the following recommended actions: 1. Reject the low bid submitted by Universal Street Sweeping, and award the contract to California Street Maintenance, and 2. Approve the contract with California Street Maintenance and authorize a budget of $388,544 to cover contract costs of $350,054, anticipated change orders of $35,000 and incidental expenditures not to exceed $3,500. The motion carried by the following roll call vote: AYES: Bauer, Green, Dettloff, Harman NOES: Garofalo, Sullivan ABSENT: Julien Update on Cessna Aircraft Crash Deputy City Administrator Bernard reported on the Cessna aircraft crash stating that no one had been injured or hurt. (CITY COUNCIL) MOBILE HOME PARK LEASE LAND HOLDINGS - COUNCIL DIRECTION PROVIDED TO STAFF (430.60) The City Council considered a communication from Mayor ProTem Garofalo regarding the acquisition of the mobile home park lease land holdings by the residents of the Huntington Harbour Mobile Home Estates and recommending that Council direct staff again to further research this option. Mayor Pro Tern Garofalo expressed his pleasure in announcing the news that the residents of Huntington Harbour Mobile Home Estates will be owner -residents of the park in the near future. A motion was made by Garofalo, second Harman to approve the following recommended action, as amended: Recommend a city proclamation recognizing the leadership of both the owners of Huntington Harbour Mobilehome Park and the residents of Huntington Harbour Mobilehome Estates in pursuit of their collective goals and recommend that staff again be directed to further research the option of tenant acquisition of their mobilehome parksites to make this tool more understandable, applicable, etc. to residents who desire such a program and also bring this issue to the attention of the Mobilehome Review Committee. The motion carried by the following roll call vote: 611 Page 22 - Council/Agency Minutes— 07/19/99 AYES: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Julien (CITY COUNCIL) APPROVED REQUEST FOR UPDATE ON MAJOR PROJECTS — BUS BENCH OPERATIONS/CITY HALL BUILDING MAINTENANCE/DISCUSSIONS WITH CITY OF WESTMINSTER RE: PURCHASE OF PROPERTY AT N/E CORNER BEACH/EDINGER (120.90) The City Council considered a communication from Mayor ProTem Garofalo requesting updates on the bus bench operations, city hall building maintenance and discussions with the City of Westminster regarding purchase of property at the northeast corner of Beach Boulevard and Edinger Avenue. Mayor Pro Tern Garofalo reported on the reasons he had placed this item on the Council agenda. A communication had been sent to Council regarding the status of the maintenance of City Hall complex buildings. A report was made on the progress of bus bench operations. A motion was made by Garofalo, second Green, to request staff to return with a report on discussions with the City of Westminster concerning options for the triangle piece of property located at the northeast corner of Beach Boulevard and Edinger Avenue. The motion carried by unanimous vote with Councilmember Julien recorded absent. (CITY COUNCIL) RECOMMENDATION THAT CITY COUNCIL - AD HOC COMMITTEE & STAFF DEVELOP A POLICY FOR SPECIAL EVENTS FEE STRUCTURE & RATES FOR NON-PROFIT ENTITIES (960.10) The City Council considered a communication from Mayor Pro Tern Garofalo submitting the following issue: This is the city of special events, most of them for non -profits, a positive role for government. The involvement of local governments in these various special events actually result in more awareness for many valued volunteer efforts, and they are all worthwhile. Councilmember Bauer stated he believes there is a need to clarify Special Events Committee as opposed to Specific Events Committee. He stated that policies need to be returned to Council relative to the percentage of funds that should come to the city from such events; for example, the city's surfing event which is the largest of all other surfing events. A motion was made by Garofalo, second Green to request the Mayor to direct the Council Ad Hoc Committee on Special/Specific Events to meet with staff and return in 90 days with a proposed local government policy. The policy to be regarding fee structures, rates, and other related issues as the issue of "fees" and city charges might apply to non -profits and their needed role to do fundraising and awareness raising in pursuit of their goals. The motion carried by unanimous vote with Councilmember Julien recorded absent. 612 07/19/99 - Council/Agency Minutes- Page 23 (CITY COUNCIUREDEVELOPMENT AGENCY) ESTABLISHMENT - APPOINTMENT OF CITY COUNCIL AD HOC COMMITTEE TO DETERMINE DUTIES OF COUNCIL LIAISONS FOR REPORT & RECOMMENDATION TO THE CITY COUNCIL - COUNCILMEMBER SULLIVAN APPOINTED - TWO ADDITIONAL MEMBERS TO BE APPOINTED (120.25) The City Council considered a communication from Councilmember Sullivan recommending that Council liaison duties be clarified in that liaisons should be conduits of information mainly from the particular board or commission to the City Council. As such, liaisons would be observers rather than participants or providers of direction to the board or commission. A motion was made by Sullivan, second Garofalo, that a Council Ad Hoc Committee consisting of Councilmember Sullivan and two additional Councilmembers be appointed by the Mayor to determine the duties of Council liaisons and return with recommendations for consideration by the City Council. The motion carried unanimously with Councilmember Julien recorded absent. (CITY COUNCIUREDEVELOPMENT AGENCY) FINANCIAL SELF-SUFFICIENCY OF THE DOWNTOWN PARKING STRUCTURE — MAIN PIER REDEVELOPMENT AGENCY PROJECT SUB -AREA (275.10) The City Council considered a communication from Councilmember Bauer regarding the matter of insufficient income to cover the debt service and maintenance of the Downtown Parking Structure. A motion was made by Bauer, second Harman that Administration return to the City Council within 30 days with a financial program which will make the Downtown Parking Structure self- sufficient. Discussion was held between the City Council and City Administrator. The motion made by Bauer, second Harman carried by unanimous vote with Councilmember Julien recorded absent. Staff Report Requested Regarding Recognition of National Heroes. The City Council requested staff to research ways in which national heroes who were residents of Huntington Beach, such as late astronaut Pete Conrad, can be recognized. He stated that such recognition might be through placement of their names on city buildings or streets. ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY The Council meeting was adjourned in memory of Astronaut Pete Conrad, Huntington Beach resident, who was buried today in Arlington National Cemetery. - To Monday, August 2, 1999, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: >r� City Clerk/Clerk P"I" City Clerk and ex-officio Clerk of thLrCity Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor/Chairman 613