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HomeMy WebLinkAbout2000-04-03 (7)MINUTES CITY COUNCILIREDEVELOPMENT 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, April 3, 2000 An audiotape of the 5:00 p.m. portion of this meeting and a videotape of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. CALL TO ORDER In Mayor Dave Garofalo's absence, Mayor Pro Tem Harman called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIL -REDEVELOPMENT AGENCY ROLL CALL Present: Sullivan, Harman, Green, Dettloff, Bauer Absent: Julien, Garofalo PUBLIC COMMENTS REGARDING STUDY SESSION AGENDA ITEMS MEL KIMMEL, board member of the Oak View Property Management Association, urged the continued funding of two Code Enforcement Officers in the Oak View area and Code Enforcement Officer training including computer and technology training. RICH EDMONSTON, Oak View property owner, requested the restoration of the full amount of Community Development Block Grant (CDBG) funding for the Code Enforcement Program, and presented his recommendations to make up the $7500 shortfall. Mr. Edmonston spoke in favor of increased funding for the Lighting Grant Program in the Oak View neighborhood. (CITY COUNCIUREDEVELOPMENT AGENCY) JOINT STUDY SESSION WITH CITIZENS PARTICIPATION ADVISORY BOARD (CPAB) RE: COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATIONS - 200012001 PROGRAM YEAR (340.70) Roll Cali - Citizens Participation Advisory Board: Present: Jeff Lebow, Jackie Canigiani, Stan Cohen, Steve Garcia, James G. Hayden, Patricia Jacobs-Pilette, Judith Lewis, Gerald Lipson, Floyd Phillips, Diane Thomas, Phil Zisakis Absent: Lorraine DeMers, Jim Moreno, Roy Richardson, Charles V. Tyler (2) 04/03/00 — Council -Agency Agenda - Page 2 City Council considered a communication from the Economic Development Director transmitting a copy of the matrix showing funds requested for the 2000/2001 Program Year, including recommendations made by staff as well as the preliminary recommendations of the Citizens Participation Advisory Board (CPAB). Economic Development Director Biggs presented Council with the CPAB schedule of their review of the Community Development Block Grant (CDBG) budget. He informed Council that the board would present the finalization of their budget recommendations to Council, after which a public hearing would follow. Staff will then adopt an action plan. Economic Development Director Biggs encouraged the return of the Census 2000 form to assist in the process of evaluating community needs. Discussion followed regarding CDBG budget expenditures. The discussion included the 15% portion of the total allocation set aside for public services activities, such as child care, literacy and homeless services, and the Community Services Program (CSP) for gang prevention in the Oak View area. Discussion also covered the need for funding of capital projects such as code enforcement, especially the funding of two additional code enforcement officers for the Oak View area. CPAB Chairman Lebow expressed the concern over the program policy that public service agencies that had not filed an application in the prior fiscal year, are precluded from applying in the current fiscal year. Several board members concurred, and board member Phillips informed Council that that is happening in the case of the Senior Transportation Services which has been denied funding. This outreach program had been provided by the Orange County Transportation Authority (OCTA) for the Huntington Beach Senior Center through the Council on Aging public service agency. Chairman Lebow addressed the need for increased funding for the Lighting Grant Program that the Oak View property owner Mr. Rich Edmonston discussed during Public Comments. Chairman Lebow informed Council that that the board will not recess over the summer but will continue to meet to pinpoint community needs. Vice Chair Thomas reiterated Chairman Lebow's comments, and added that the purpose of the program is to enable recipients to become more independent and self-sufficient. Chairman Lebow expressed his concern relative to salary increases for staff paid through the Community Development Block Grant (CDBG) funds. He stated that he would not want to see raises given at the expense of moderate income people in need of program assistance. Mr. Lebow informed Council that he believes the census results will reflect that the city is a high income city which will resuit in lowered federal funding. Chairman Lebow also discussed code enforcement and its value, and questioned if fees paid by violations will go into the General Fund. He spoke regarding the lighting grant needed for safety in the Oak View area, and spoke in support of its upgrade, as was discussed by the Oak View property owner, Mr. Rich Edmonston during Public Comments. (3) 04/03/00 — Council -Agency Agenda - Page 3 Vice Chair Thomas addressed all the property owners in the audience and invited them to meet with CPAB to discuss how to improve the effectiveness of the funding process. Council liaison Dettloff thanked the CPAB members for their hard work, including the onsite visits the members make to monitor the quality of the services provided by the public service agencies. Councilmember Bauer expressed concerns over the following five issues: 1. A response from Economic Development Director Biggs at a later date on program policy relative to the Council on Aging and OCTA application process. 2. The potential need for General Fund monies to underwrite CDBG funds for staff salary increases. 3. Whether or not the Shelter for the Homeless is a city -based agency, to which he received the response that there is a transitional facility in Huntington Beach, as well as the headquarters in Westminster. 4. The importance of the Code Enforcement Division of the Building and Safety Department, as the first line of defense after the Police Department to deal with anti -social and criminal behavior. 5. The city's Collaborative Workshop, of which Councilmember Bauer is a member, to be used as a resource whereby agencies receiving no funds may be eligible for grants. Councilmember Green referred to the summary sheet and pinpointed items E-2 and E-3 on the agenda as relating to the study session workshop. He reiterated the need to look at the policy as it pertains to the Senior Center funding for OCTA transportation services. Councilmember Sullivan concurred. City Attorney Hutton responded regarding the code violation process. She informed Council that violators pay the fine to Code Enforcement or appeal the citation. City Attorney Hutton related a situation in which a lien had been placed on a violator's property and that the proceeds were placed in the General Fund. She stated that this process has helped to alleviate prosecution costs. MOTION TO RECESS TO CLOSED SESSION A motion was made by Bauer, second Dettloff to recess to Closed Session on the following items: The motion carried by unanimous vote with Councilmember Julien and Mayor Garofalo absent. (City Council) Closed Session — City Council pursuant to Government Code Section 54957 to . consider personnel matters. Subject: City Administrator's Evaluation. (120.80) (Redevelopment Agency) Closed Session — City Council pursuant to Government Code Section 54956.8 to give instructions to the agency's negotiators, David Biggs and Murray Kane, regarding negotiations with Frank Cracchiolo or John Given concerning the purchase/sale/ exchange/lease of the property located at 508 Pacific Coast Highway (APN 024- 152-100) Instruction will concern: Both price and terms of payment. Subject: Negotiations of ground lease 508 Pacific Coast Highway. (400.50) (4) 04/03/00 -- Council -Agency Agenda - Page 4 RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING AT 7:05 P.M. NO ACTIONS TAKEN WHICH REQUIRE A REPORTING PURSUANT TO GOVERNMENT CODE §54957.1(a)(3)(B)). Mayor Pro Tem Harman asked the City Attorney if there were any actions taken by the City Council or Redevelopment Agency in Closed Session which required a reporting. City Attorney Hutton responded that there were no actions to report. CITY COUNCIL -REDEVELOPMENT AGENCY ROLL CALL Present: Sullivan, Harman, Green, Dettloff, Bauer Absent: Julien, Garofalo FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by Boy Scouts, Den 3, Pack 1450 Bears, Golden View School, Leader Adam Eichler. INVOCATION The invocation was offered by Pastor James Scheller, Huntington Beach Police Chaplain, Central Baptist Church, Huntington Beach. CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced the following late communications which had been received by her office following distribution of the agenda and which pertain to items on the agenda. These items are in addition to the late communications announced earlier in the meeting: Slide show presentation, dated April 3, 2000 from the Department of Public Works titled Capital Projects Update. Page five of Agenda Item E-6 to clarify that the Funding Source is from salary savings. Slide show presentation, dated April 3, 2000, from Economic Development titled Approve Relocation of Friday Farmers' Market and Craft Fair to Pier Plaza. Slide show presentation from the Department of Administrative Services titled FY 2000 Downtown Parking Fee Study. PRESENTATION — To Mayor Dave Garofalo and City Council by Doug Erber, Sister City Coordinator, a presentation announcing the 2e Anniversary of the Sister City Agreement between, Anjo, Japan and the City of Huntington Beach. Mr. Erber asked for Council support to. promote a delegation visit to Japan from Huntington Beach representatives and members of the community. He highlighted the current activities of the sister city, and informed Council that in the year 2000, Anjo will celebrate its first 50 years of incorporation. Mayor Pro Tern Harman invited the public to attend a tour scheduled in 2001 and furnished the City Council phone number, 714-536-5553 to call for details. Mayor Pro Tern Harman gave an update of Mayor Garofalo's recovery from recent surgery. (5) 04/03/00 — Council -Agency Agenda - Page 5 PUBLIC COMMENTS PAULINE ROBISON, resident of Marina del Rey Mobile Home Park, spoke in support of Counciimember Sullivan's agenda item regarding mobile home rent stabilization. Ms. Robison informed Council that she serves on the Mobile Home Advisory Board, and that the mobile home park owners have boycotted board meetings by their absence. She questioned whether the City Council supports the 18 mobile home park owners or the 5,000 mobile home residents. HAROLD SCHECHTER, President of the Orange County Council on Aging, spoke in support of affordable housing. Mr. Schechter related that at the last regular meeting of March 20, 2000, he had informed Council how the flyers he distributed at his mobile home park relative to a meeting on rent control, were removed by the park owner within 15 minutes of distribution. Mr. Schechter stated that in response to what he believes may be a violation of his rights, he had contacted the City Attorney's office who advised him to get in touch with the mobile home park owner directly. He informed Council that he has written letters to staff and while he does not want to take anyone to court, would like to see the matter resolved. JAMES JONES, owner of Equity Concept, a company that manages Huntington -by -the -Sea Mobile Home Park, spoke regarding Lawrence Research, the consulting firm hired by the city to conduct the $15,000 mobile home survey. Mr. Jones informed Council of the rental assistance program available to all mobile home residents in financial need, which he believes is an alternative to rent control. DONNA SCOTT, Manager of Seabreeze Mobile Home Estates Senior Park, requested Council to install a sidewalk in front of her park on Heil Avenue, between Bolsa Avenue and Graham Street. She stated that Heil Avenue is a heavily traveled area and a danger to pedestrians. Ms. Scott related incidents of pedestrians being injured or killed due to walking around hazardous areas under construction, and onto the path of speeding vehicles. LINDA KAY, resident of Sea Aira Mobile Home Park, spoke in support of rent control, and on behalf of the residents on a fixed income who can not afford space rent increases. Ms. Kay informed Council that park owners do not maintain the property. She stated that the trees in her park have been cut down, and that the residents have instead been left with a view of a ditch. JIM BARKER, Communications Director for the Huntington Beach Mobilehome Owners Association (HBMOA), distributed flyers in support of rent control to Council. Mr. Barker spoke about the letter from Vickie Talley, Executive Director of the Manufactured Housing Educational Trust (MHET) and also referred to a news article in the March 30, 2000 Independent relative to affordable housing and how the item placed on the agenda by Councilmember Sullivan should be supported. ALBERT CARESSA, resident of Los Amigos Mobile Home park, gave his regards to Mayor Garofalo for a quick recovery. Mr. Caressa referred to a book written by Tom Brokaw titled The Greatest Generation. He stated that he spoke with his mobile home park owners and worked out a 20-year rental agreement, but that some park residents of other parks are not as fortunate. JOHN JANKOWSKI, a member of the Orange County Council on Aging, retired State legislator and senior advocate, spoke in support of rent control. He stated how he would like to speak with the director of Habitat for Humanity to find out how he has managed to get funding for his affordable housing project. (6) 04/03/00 — Council -Agency Agenda - Page 6 STEVE GULLAGE, President of the Huntington Beach Mobilhome Owners Association (HBMOA) spoke in support of rent control and the Mobile Home Fair Practices Act. Mr. Gullage also spoke regarding the exorbitant price of gas, stating that it is the same principle with space rent increases, and how the monopoly is enjoyed by mobile home park owners. RON McLIN, Manager of the Longboard Restaurant, spoke in opposition to the downtown parking fee increase. Mr. McLin stated that the proposal is biased and an easy way for the city to raise revenue. He requested a meeting with staff to discuss the issue. BRUCE MILIKEN, Longboard Restaurant, spoke in opposition to the proposed downtown parking fee increase. Mr. Miliken informed Council that the restaurant validates. He suggested charging one dollar for parking. He spoke in opposition to the results of the report on parking, which he states may be good for large cities like Boston, but not for Huntington Beach. Mr. Miliken spoke regarding options for raising revenue and requested a meeting between staff and the Downtown Merchants Association. STEPHEN DANIEL, President of the Downtown Merchants Association, spoke in opposition to the proposed downtown parking fee increase, stating that downtown parking should be run like a business. Mr. Daniel spoke in support of a meeting between staff and business owners before voting on raising parking rates. CHUCK SCHEID spoke on the agenda item pertaining to the revised employment agreement between the City and City Administrator Silver. Mr. Scheid took issue with the recommended action and the definition of "enhancement of deferred compensation." He spoke regarding what he believes to be the actual percentage increase. Mr. Scheid suggested that Requests for Council Action should be written in straightforward, easy -to understand language. STACIE WALLACE and RYAN BLINDT, students, Marina High School, announced the Walkabout event taking place on April 30, 2000. They named sponsors and the events scheduled. Ms. Wallace and Mr. Blindt informed Council that the Walkabout is a non-profit organization made up of caring parents, teachers, and administrators. BRUCE BRADLEY, a Huntington Beach Police Officer and committee member of the Coalition Against Substance Abuse (HBCASA), informed Council that the organization is comprised of teens, up to seniors in high school and is geared to promote awareness. Officer Bradley spoke about the Vista View student's tragic death as a result of "huffing," inhalant abuse that used to be known as "sniffing." He invited everyone to attend a talk on the subject of inhalant abuse at the coalition's next meeting to be held Wednesday, April 26, 2000 in the City Council Chambers at 6:00 PM. ANNETTE BURMAN spoke on behalf of 80 property owners, in opposition to the Gables Condominium land lease increases. FRANK SPATES informed Council that he was "being priced -out" of his home at the Gables Condominium complex. Mr. Spates stated that he is a teacher, and he will need to relocate and lose his five year property investment. He requested Council assistance. JENNIFER PAULIN spoke in opposition to the unaffordable land lease increases at the Gables Condominium complex. Ms. Paulin stated how the increase is unfair for someone such as herself who suffers from an auto -immune disease. (7) 04103100 — Council -Agency Agenda - Page 7 BOB BIDDLE spoke as the newly -elected president of Huntington Beach Tomorrow. He named members of the Huntington Beach Tomorrow board. He informed Council that the board is pro- active, and spoke in support of Councilmember Sullivan's item on the agenda relative to mobile home rent stabilization. DON McGEE referred to an article in the Independent regarding the Waterfront Hilton; also Ron Davis' article in the Independent regarding relocation cost to the city of a portion of the Seacliff murals. Mr. McGee stated that he is unsure of the funding sources for these projects. He also spoke on the costs of Phase I and II South Beach improvements, the historic Gym and City Pool, and the Edwards Hill Fire Station No. 6. VICKIE TALLEY, Executive Director of the Manufactured Housing Educational Trust (MHET), spoke regarding attendance at the Mobile Home Review Committee (now formed as the Mobile Home Advisory Board) meetings. Ms. Talley referred to the Council expenditure of $15,000 for a surrey that concluded that mobile home rent control proponents are stating untruths, and that mobile home park owners do charge reasonable rents. She stated that Dr. Lawrence concluded in his survey that 70% of mobile home residents own their own homes free and clear, and only pay for space rent. She further stated that on the average, residents pay only $346 per month on space rent. ROBERT LONDON MOORE, JR., Mills Land and Water Company, informed Council of his two proposals before City Council which will benefit the city. Mr. Moore stated that as the Code Enforcement Division is aware, the city has a shortage of recreational vehicle (RV) and boat storage. Mr. Moore requested Council support of the facility. He stated the Public Works Department had refused a compromise relative to infrastructure improvements: curbs, streets, and guttering. He requested Council intervention to help all concerned. RESPONSE TO SUBJECTS BROUGHT UP DURING PUBLIC COMMENTS City Administrator's Response to Inquiry Re: Managed Projects: (1) Phase I and II South Beach Improvements, (2) Edwards Hill Fire Station No. 6, and (3) City Pool and Gym (160.10) City Administrator Silver reported on managed projects and clarified certain issues addressed by Mr. Don McGee during the Public Comments portion of the meeting relative to: 1. the status of the Phase I and II of the South Beach Improvements. 2. that the funding of the Edwards Hill Fire Station No. 6 is by the developer, and is not from the General Fund. 3. the fact that the City Pool and Gym is not nearly as costly as perceived. Mills Land and Water Company Proposals for Recreational Vehicle (RV) and Boat Storage (160.10) Mayor Pro Tern Harman requested City Administrator Silver to meet with the last public speaker, Mr. Robert London Moore for an update of his proposals on Recreational Vehicle (RV) and Boat Storage. (8) 04/03/00 — Council Agency Agenda - Page 8 (CITY COUNCIL) MOBILE HOME RENT STABILIZATION — APPROVED PREPARATION OF REQUESTS FOR PROPOSALS FOR A CONSULTANT (430.60) Councilmember Sullivan requested that his agenda item relative to mobile home rent stabilization be brought forward. Council concurred. The City Council considered a communication from Councilmember Sullivan submitting the following Statement of Issue: For years mobile home residents have informed the Council of what they perceive to be excessive rent increases. The Council should determine whether or not a rent stabilization ordinance is needed. Considerable discussion was held regarding the history of the proposal for mobile home rent stabilization, which Councilmember Sullivan stated began three year ago, but due to obstructions there has not been Council action. Included in the discussion was the $15,000 mobile home survey conducted by Lawrence Research for the city. Councilmember Bauer requested the City Attorney's legal opinion of the results of the mobile home survey. Councilmember Green informed Council that when two former members (Shomaker and ❑e Guelle) of the Mobile Home Advisory Board resigned, there was not a board quorum which impeded the board's progress. Discussion followed relative to the scope of work to be performed by the consultant. A motion was made by Green, second Dettloff to include the following tasks: A motion was made by Sullivan, second Green to: Direct staff to hire a consultant to perform the following tasks to help the Council determine whether a rent stabilization ordinance is needed: 1. Obtain vacancy rate (pads and unoccupied units) of mobile home parks throughout Huntington Beach and by park. 2. Determine how many homes have been on the market for 3 months or longer. 3. Obtain the rental rates of mobile home parks within Huntington Beach and what amenities are included in the rental rate (including utilities, facilities, location density, etc.). 4. Document the history of rent increase of mobile home parks for the entire city and by park since 1990. Compare to the Consumer Price Index (CPI) increases over the same number of years. 5. Determine the "total housing costs' for mobile homes throughout the city and by park, showing dollar amount with and without mortgage payments (This should by the average for each mobile home park). Total housing costs are defined as the pad rental, mortgage payments, if any, water and sewer fees, and electricity and, or gas fees, and any and other fees that may be charged by the mobile home park owners. 6. Conduct a census of the age and income of the residents of all mobile home parks throughout the city, by park. (9) 04/03/00 — Council -Agency Agenda - Page 9 7. Document all assistance programs available to mobile home residents, for rent and utilities, and the number and percentage of mobile home owners that are using these programs in Huntington Beach. 8. Document the number of mobile homes foreclosed, sold (prices), abandoned, sales in lieu of foreclosure or rented by mobile home park and throughout the city since 1990. Compare to single family home foreclosures using same criteria. 9. Document the number and percentage of long term leases (one year) by park. 10. Determine the number of mobile home residents by park whose Huntington Beach mobile home is not their primary residence. The motion carried unanimously with Julien and Garofalo absent. (CITY COUNCIL) PUBLIC WORKS DEPARTMENT SLIDE REPORT RE: STORM DRAIN AND CHANNEL IMPROVEMENTS (550.50) The City Council considered a slide report presentation by Public Works Director Bob Beardsley and City Engineer Dave Webb on the Storm Drain and Channel Improvements. (Copy of slide report available at City Clerk's Office). City Administrator's report titled Capital Improvement Program Funding in the 1990's is also included. City Administrator Silver inquired as to how drainage fees are paid, to which Deputy City Engineer Webb responded that they are collected from the developer. Deputy City Engineer Webb answered in the affirmative that the city will be applying for funding from the Federal Emergency Management Agency (FEMA) in the future. Council thanked staff for the report. CONSENT CALENDAR — ITEMS APPROVED On motion by Mayor Pro Tern Harman, second Green, Council approved all the Consent Calendar items as recommended by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff, Bauer NOES: None ABSENT: Julien, Garofalo (CITY COUNCILIREDEVELOPMENT AGENCY) MINUTES — APPROVED AND ADOPTED The City Council approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of March 20, 2000 and adjourned regular meeting of March 27, 2000. JCITY COUNCIL) - APPROVED SUBGRANTEE AGREEMENT BETWEEN THE CITY AND HUNTINGTON BEACH COMMUNITY CLINIC FOR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (600.10) —Approved and authorized the Mayor and City Clerk to execute the Subgrantee Agreement between the City and Huntington Beach Community Clinic — Subgrantee Agreement Between the City of Huntington Beach and Huntington Beach Community Clinic For Housing and Community Development Block Grant Program. (10) 04/03/00 - Council -Agency Agenda - Page 10 (CITY COUNCIL) APPROVED SUBGRANTEE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ORANGE COUNTY SUPERINTENDENT OF SCHOOLS FOR HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - REHABILITATION OF OAK VIEW CHILD DEVELOPMENT CENTER (600.10) -- Approved and authorized the Mayor and City Clerk to execute the Subgrantee Agreement between the City and the Orange County Superintendent of Schools - Subgrantee Agreement Between the City of Huntington Beach and Orange County Superintendent of Schools for Housing and Community Development Block Grant Program. (CITY COUNCIL) APPROVED ALLIED ARTS BOARD APPOINTMENTS - MARIE MCMURRAY AND RICHARD WARREN - ACCEPT RESIGNATION OF ELAINE HANKIN (110.20) - Approved the appointments of Marie McMurray and Richard Warren to the Allied Arts Board for terms to expire June, 2003 and accept the resignation of Elaine Hankin. (CITY COUNCIL) APPROVED SERVICE AGREEMENT WITH R[PTECH, INC. TO MONITOR DSL NETWORK - POLICE DEPARTMENT - APPROVE MODIFICATION TO INSURANCE REQUIREMENTS (600.10) - (1) Approved RIPTech Service Level Agreement in the amount of $14,500 and authorize execution by the Mayor and City Clerk and (2) Approved the Indemnity and Insurance Limitations of Liability and Indemnification waiver as recommended by the Settlement Committee. (CITY COUNCIL) APPROVE AMENDMENT TO BUDGET - TO ADD A PERSONNEL ANALYST, PRINCIPAL -ADMINISTRATIVE SERVICES DEPARTMENT (700.10) -Approved Amendment FY 1999/2000 budget by adding one Personnel Analyst, Principal position in the Administrative Services Department. A late communication on this agenda item E-6 was announced earlier by the City Clerk that the funding source is from salary savings, and not by the Business Software System. (CITY COUNCIL) ACCEPTED BID FOR THE SLATER CHANNEL IMPROVEMENT PROJECT CC-1089 - MESA CONSTRUCTION PROJECTS, INC. -AUTHORIZED EXECUTION OF CONTRACT (600.60) -- (1) Accepted the bid submitted by Mesa Construction Projects, Inc., San Diego; and (2) Authorized the Mayor and City Clerk to execute the contract for the Slater Channel Project for a total bid amount of $3,126,497.40; and (3) Authorized the Director of Public Works to expend $3,620,472 to cover the contract cost of $3,126,497.40, estimated construction change orders of $468,974.60, and anticipated supplemental expenses of $25,000. (CITY COUNCIL) ACCEPTED THE ARTERIAL HIGHWAY REHABILITATION PROJECT CC- 1109 AND FILED A NOTICE OF COMPLETION - R. J. NOBLE COMPANY (600.50) - Accepted the Arterial Highway Rehabilitation Project CC-1109 at a final cost of $1,224,911.32, and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (CITY COUNCIL) APPROVED FOURTH OF JULY SPONSORSHIP AGREEMENT WITH NEW YORK ROAD RUNNERS CLUB, INC. - APPROVED MODIFICATIONS TO INSURANCE REQUIREMENTS (600.10) - (1) Approved Hold Harmless section of the Agreement (Section 8) which contains reciprocal indemnification obligations of the parties, including City's obligation to indemnify NYRRC pursuant to this section, and (2) Approved Agreement for the title sponsorship of the Fourth of July Run/Expo with the New York Road Runners Club, Inc., and authorize the Mayor and City Clerk to execute same - Fourth of July Sponsorship Agreement Between the City of Huntington Beach and New York Road Runners Club, Inc. (11) 04/03/00 — Council -Agency Agenda - Page 11 (CITY COUNCIL) APPROVED REIMBURSEMENT AGREEMENT WITH MAYER FINANCIAL, LTD. FOR PROFESSIONAL INSPECTION AND PLAN REVIEW SERVICES IN CONNECTION WITH THE NEW WATERFRONT HILTON HOTEL PROJECT — OCEAN GRAND RESORT (600.10) —1. Approved the Reimbursement Agreement, as prepared by the City Attorney, between the City and Mayer Financial, Ltd. and authorize the Mayor and City Clerk to sign. - Reimbursement Agreement Between the City of Huntington Beach and Mayer Financial, Ltd for Professional Inspection & Plan Review Services, and 2. Appropriated funds that total $95;000 in connection with the reimbursement agreement between the city and Mayer Financial, LTD., to be utilized by the Department of Building and Safety and the Fire Department in both the 99100 and 00101 Fiscal Years. (REDEVELOPMENT AGENCY) CONSENTED TO THE ACCEPTANCE OF QUITCLAIM DEEDS FROM CENCO, INC. AND GOLDEN WEST REFINING COMPANY (OIL PIPELINE EASEMENT NIO PACIFIC COAST HIGHWAY, W/O BEACH BLVD) (600.45) -- Retroactively consented to the acceptance by the Redevelopment Agency of three deeds from (1) Golden West Refining Company; (2) CENCO, Inc. dba Creative Energy Company; and (3) CENCO Refining Company, quitclaiming any interest in the oil pipeline easement to the property located north of Pacific Coast Highway and west of Beach Boulevard. (CITY COUNCIL) APPROVED CITY ADMINISTRATOR EMPLOYMENT AGREEMENT WITH RAMON R. SILVER (600.10) — Approved and authorized the Mayor and City Clerk to execute the Agreement For Personal Services — City Administrator Ramon R. Silver as the City Administrator for the City of Huntington Beach. (CITY COUNCIL) APPROVED FIRST AMENDMENT TO TEAM PETROLEUM SALES TAX AGREEMENT KRISTEN SCHAFFNER IRVINIKRISTEN SCHAFFNER PETROLEUM — (PLAZA ALMERIA) (600.10) — Approved the First Amendment To The Sales Agreement Between The City Of Huntington Beach And Kristen Schaffner Irvin and authorized execution by the Mayor and City Clerk. (REDEVELOPMENT AGENCY) APPROVED GROUND LEASE AND OPTION OF PURCHASE WITH FRANK CRACCHIOLO, ET AL., AND CIMIHUNTINGTON, INC. (APN 024-152-10) AND APPROVED IMPLEMENTATION AGREEMENT WITH CIM GROUP, LLC — (RELATIVE TO DISPOSITION AND DEVELOPMENT AGREEMENT -- BLOCKS 104 AND 105 (600.10) — (1) Approved the Ground Lease and Option to Purchase Fee Between Frank M. Cracchiolo, Trustee for the Revocable Trust dated June 12, 1979 and Salvator W. and Barbara F. Cracchiolo and CIM — Huntington, Inc. and Redevelopment Agency of City of Huntington Beach, and (2) Approved the Implementation Agreement by and between Redevelopment Agency of the City of Huntington Beach Agency, and CIM Group, LLC, Developer, and authorized the Chairman and Agency Clerk to execute said documents. (CITY COUNCIL) APPROVED RELOCATION OF FRIDAY FARMERS' MARKET AND CRAFT FAIR TO PIER PLAZA AND DIRECT STAFF TO APPLY FOR A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT (420.40) The City Council considered a communication from the Economic Development Director and the Community Services Director requesting Council consideration as to whether the Friday afternoon Farmers' Market and Craft Fair should relocate from the downtown area to the Pier Plaza. Submitted is an evaluation of the trial period which began on January 7, 2000. (12) 04/03/00 — Council -Agency Agenda - Page 12 Economic Development Director Biggs presented a slide report dated April 3, 2000, titled Approve Relocation of Friday Farmers' Market and Craft Fair to Pier Plaza, which was announced earlier as a late communication by the City Clerk. Councilmember Green stated that the relocation had not occurred during the previous summer months. He inquired as to what would happen, if after the Conditional Use Permit is approved, it becomes apparent that the move is not a feasible one. Economic Development Director Biggs responded that staff would have a sense of this before the 180 days are up. Councilmember Sullivan stated that he shares Councilmember Green's concerns and that with 73 spaces for the booths at Pier Plaza, there would be a revenue loss at the height of summer. He stated that this is due to the fact that relocation would decrease the draw to the merchants along Main Street. Councilmember Sullivan presented options for increasing revenue through parking fees, and cited comparisons between hourly and all day parking rates. Community Services Director Hagan responded that there will be many events at the Pier - such as the U. S. Open and the Gotcha Pro — which would not impede the logistics of the plans. Councilmember Sullivan stated that he finds the Pier Plaza location unacceptable, and that he will oppose the motion. Councilmember Dettloff stated that she will support the relocation as she believes it will be a great enhancement to the area. A motion was made by Green, second Bauer, to approve the following action: Direct staff to apply for a Conditional Use Permit and Coastal Development Permit for a permanent move of the Farmers' Market and Craft Fair to Pier Plaza and extend the temporary use for 180 days. The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff NOES: Sullivan ABSENT: Julien, Garofalo (CITY COUNCIL) ADOPTED RESOLUTION NO.2000-31 AMENDING A PORTION OF THE PARKING FEE SCHEDULE PERTAINING TO THE MAIN PROMENADE PARKING STRUCTURE, AND APPROVED INTRODUCTION OF ORDINANCE NO.3459 AMENDING PARKING METER ZONE FEES — DIRECTED THE PREPARATION OF THE ANNUAL REVIEW (340.20) The City Council considered a communication from the City Administrator transmitting a proposed resolution and ordinance to increase parking fees and charges for FY 99/00 for the Main Promenade Parking Structure and the business metered parking zones in order to bring the City Council's goal of a self-sufficient parking structure within range of less than $100,000 support from the General Fund. _ Real Estate Division Manager Matt Lamb presented a slide report titled FY 2000 Downtown Parking Fee Study, which was announced earlier as a late communication by the City Clerk. Real Estate Division Manager Lamb stated that he reviewed parking structures in other cities for his study. (13) 04/03/00 — Council -Agency Agenda - Page 13 Councilmember Bauer stated reasons for his objections to approving the motion presented to Council, stating that he is looking for alternatives as this is the third time in the last five years that studies have been conducted. Councilmember Green suggested that the downtown merchants may wish to avail themselves of a Business Improvement District (BID) - such as that which the Huntington Beach Automobile Dealers have along Beach Boulevard — in place of a Downtown Merchants Association (DMA). Subsequent to considerable discussion of the schedule and mode of operation for the collection of parking structure fees, the following amendments were made to the motion on the table: The fees on proposed Resolution No. 2000-31 for the Main Promenade Parking Structure were amended as follows: Customer validation (two validations per parking ticket) from $0.25 (one hour maximum) to $0.50 (one hour maximum); and Employee validation of $1 per day was deleted; and Employee pass from $12 to $15 per month. The rates on proposed Ordinance 3459 relating to parking meters were amended as follows: "(1) Within the business zone, city parking meters shall be installed to show legal parking for a maximum of one (1) hour after deposit of six (6) twenty-five cent coins," amended to: "... the deposit of eight (8) twenty-five cent coins. Meters on Main Street shall be installed to show legal parking for a maximum of one (1) hour after deposit of eight (8) twenty-five cent coins." A motion was made by Bauer, second Sullivan, to approve the staff recommendation for fees for Main Promenade Parking Structure and business zone meters by approving the following actions: (1) Adopt Resolution 2000-31 as amended by amending a portion of the fee schedule for the Community Services Department pertaining to the Main Promenade Parking Structure — "A Resolution Of The City Council Of The City Of Huntington Beach Amending City Fee Resolution No. 5159, As Amended, To Adjust The Fees For The Main Promenade Parking Structure (Supplemental Fee Resolution No. 75);"and (2) Approve as amended, introduction of Ordinance 3459 after reading by title to amend business parking meter zone fees --- "An Ordinance Of The City Of Huntington Beach Amending The Huntington Beach Municipal Code By Amending Section 10.60.020 Thereof Relating To Parking Meters;" and (3) Direct Administrative Services to complete an annual review of the Main Promenade Parking Structure and return to City Council with financial status and any recommendations for fee rate adjustments. The motion carried by the following roll call vote: AYES: Harman, Green, Bauer NOES: Sullivan, Dettloff ABSENT: Julien, Garofalo (14) 04/03/00 — Council -Agency Agenda - Page 14 (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3457 RELATING TO VEHICLES, MOTORCYCLES AND MOTORIZED SCOOTERS AND APPROVED INTRODUCTION OF ORDINANCE NO. 3458 — RELATING TO BICYCLE REGULATIONS (640.10) The City Council considered a communication from Chief of Police Lowenberg informing Council that state law recently changed the status of "motorized scooters" to allow them to be driven on portions of the roadway and city streets. Persons 16 years of age or older (wearing a bicycle helmet if under 18 years of age) may now operate these vehicles without a driver's license or vehicle insurance on roads at speeds under 25 miles per hour. Current City ordinance conflicts with these new provisions of the vehicle code and should be changed based on the City Attorney's legislative draft (attached). Chief Lowenberg further qualified that motorized scooters do not belong on beach trails. A motion was made by Green, second Bauer, to (1) Approve introduction of Ordinance No. 3457, after reading by title — "An Ordinance Of The City Of Huntington Beach Amending Chapter 8.44 Of The Huntington Beach Municipal Code Relating To Vehicles, Motorcycles And Motorized Scooters;."and (2) Approve introduction of Ordinance No. 3458, after reading by title -- "An Ordinance Of The City Of Huntington Beach Amending Chapter 10.84 Of The Huntington Beach Municipal Code Relating To Bicycle Regulations." The motion carried by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff, Bauer NOES: None ABSENT: Julien, Garofalo ADJOURNMENT - CITY COUNCIL -REDEVELOPMENT AGENCY A motion was made to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, April 17, 2000, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City Clerk and ex-officio Clerk of the City. Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: %MA A W City Clerk -Clerk ":�,.WdrL I �