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HomeMy WebLinkAbout2001-03-19Minutes City Council/Redevelopment Agency City of Huntington Beach 5:00 P.M. - Room B-8 7:00 P.M. - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, March 19, 2001 A videotape of 7:00 P. M. portion of this meeting is on file in the Office of the City Clerk 5:00 P.M. - Room B-8 Call to Order Mayor Julien Houchen 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 Meeting Roll Call Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer Absent. None The City Clerk announced a typographical error on page 2 (closed session item). (City Council/Redevelopment Agency) Study Session Held on the Renewal Process of the Cable Franchise Agreement between the Public Cable Television Authority (PCTA) and Time Warner (140.60) Councilmember Dave Garofalo represents the city as Chair of the Public Cable Television Authority (PCTA) and Councilmember Ralph Bauer is the city's alternate. Councilmembers Garofalo and Bauer presented oral reports, providing background information on the current Franchise Agreement between the PCTA and Time Warner, which will expire on September 30, 2004. Councilmember Garofalo announced that this year's franchise revenue is the highest on record for the city. He introduced Mary Morales, Executive Director for the Public Cable Television Authority, and William Marticorena, the PCTA Legal Counsel. Ms. Morales provided a brief overview and history of cable service in the city as outlined in the communication that is the focus of the study session. The communication is titled Public Cable Television Authority Overview of the Renewal Process, which is included in the agenda packet. She stated her purpose in also calling attention to the comprehensive collection of background information pertaining to the PCTA and its activities since its inception on October 18, 1971. This collateral material is titled Public Cable Television Authority —Franchise Documents available for public review in the City Clerk's Office. (2) March 19, 2001 Council/Agency Minutes -Page 2 Ms. Morales spoke regarding customer service standards and how PCTA ensures compliance with these standards. In addition to satellite providers, she stated that Time Warner has -. competition for customers from wireless cable, describing it as a hybrid between satellite and cable. Ms. Morales reported on the AOL Time Warner merger and on the requirement to open up to other Internet Service Providers. Mayor Pro Tern Cook inquired if Time Warner provided a studio for public access programming. Ms. Morales responded that in 1987, PCTA approved modifications to streamline the service due to costs reasons, and that currently the location of the studio is in the Vons Pavillion Center in Westminster, south of the 405 Freeway. She informed Council that the public can sign up for classes on equipment operations to be able to become a public access producer. Ms. Morales listed the channels where such public access programming is shown. PCTA Legal Counsel William Marticorena reported on the legal requirements formulated pursuant to Federal law and adopted in 1984 regarding the cable renewal process provisions. Mr. Marticorena differentiated between the initial cable franchise process, which is typically granted to a vendor after Requests for Proposals (RFPs) have been obtained, and the renewal cable franchise process, wherein the sole source law is used. Mr. Marticorena detailed various steps in the renewal process, which includes informallformal negotiations, public hearings and community workshops. Mayor Julien Houchen thanked Ms. Morales and Mr. Marticorena for their presentations. A motion was made by Green, second Boardman, to recess to Closed Session on the following items. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Mills Land & Water Company v. City of Huntington Beach, et al.; Court of Appeal, a Appellate District; Civil No. G0220490; Orange County Superior Court Case No. 739412 ("Mills"); Mills Land & Water Company v. City of Huntington Beach, et al.; Orange County Superior Court Case No. 763624 ("Mills II"). (120.80) (City Council) Closed Session — Pursuant to Government Code Section 54956.9(b)(2)(B) to confer with its city attorney regarding pending litigation. The facts and circumstances that might result in litigation against the City or its current or former officers are that the Orange County Grand Jury is investigating whether City officials violated Water Code § 13271 and/or Health & Safety Code § 5411.5 by allegedly failing to report sewer leaks to the County Environmental Health Officer, the Regional Water Quality Control Board, or other officials. Subject: In re: Grand Jury Investigation into Sewer Leaks. (120.80) (City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer with its city attorney regarding pending litigation based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate (3) March 19, 2001 Council/Agency Minutes - Page 3 litigation. Number of Potential Cases: Three. Subject: Nuisance Properties — Abatement. (120.80) (City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Tierrasanta v. City of Huntington Beach, et al.; Court of Appeal, 4'h Appellate District, Case No. D036810. (120.80) (City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer with its city attorney regarding pending litigation based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Number of Potential Cases: One. Subject: City of Huntington Beach Potential Litigation. (120.80) (City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer with its city attorney regarding pending litigation based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Number of Potential Cases: One. Subject: Potential Litigation. (120.80) Reconvene City Council/Redevelopment Agency Meeting - 7:05 P.M. (City Council) City Attorney's Report of Action Taken by the City Council in Closed Session on March 19, 2001 (Pursuant to Government Code Section 54957.1(a)(3)(B)) — initiation of Litigation Re: Nuisance Abatement (120.80) Assistant City Attorney Paul D'Alessandro reported that on March 19, 2001,. the City Council convened in closed session to discuss whether to initiate litigation regarding the matter of nuisance violations of several properties in the City of Huntington Beach. The City Council voted to initiate two nuisance abatement civil litigation actions. The action, the defendants, and other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the City's ability to efffectuate service of process on one or more unserved parties, or that to do so would jeopardize the City's ability to conclude existing settlement negotiations to its advantage. The Council voted unanimously to approve, with all present. (City Council) City Attorney's Report of Action Taken by the City Council in Closed Session on March 19, 2001 (Pursuant to. Government Code Section 54957.1(a)(3)(B)) — Initiation of Litigation Against K. J. Enterprises (120.80) Assistant City Attorney Paul D'Alessandro reported that on March 19, 2001, the City Council convened in closed session to discuss whether to initiate litigation against K. J. Enterprises. The City Council voted to authorize initiation of civil litigation against K. J. Enterprises. The action, the defendants, and other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the City's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize the City's ability to conclude existing settlement negotiations to its advantage. The Council voted as follows: 6 Ayes, Green - No. (4) March 19, 2001 Council/Agency Minutes - Page 4 City Council -Redevelopment Agency Roll Call Present Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer Absent None Flag Ceremony and Pledge of Allegiance — Girl Scout Cadette Troop No. 803, St. Bonaventure Catholic School, Huntington Beach. Leader: Mary Thompson. Invocation — Rabbi Berkowitz, Congregation Adat Israel of Huntington Beach. City Clerk Announces Late Communications Which Pertain to Items on the Agenda Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following Late Communications regarding agenda items that had been received following distribution of the agenda: Communication dated March 19, 2001 from Bob Polkow transmitting his opposition to the use of city funds to acquire property outside city limits. Communication dated March 15, 2001 from Idelle Hoffman transmitting her opposition to the live entertainment permit for the rooftop of Ibiza Restaurant located at 209 Main Street. Communication dated March 15, 2001 from Mr. & Mrs. W.G. Gallegos transmitting their opposition to the live entertainment permit for the rooftop of Ibiza Restaurant located at 209 Main Street. Communication dated March 14, 2001 from Mr. & Mrs. J. Lota transmitting their opposition to the live entertainment permit for the rooftop of Ibiza Restaurant located at 209 Main Street. Communication dated March 19, 2001 from the Director of Economic Development transmitting a slide show presentation titled Public Hearing for the Issuance of Multifamily Housing Revenue Bonds for Quo Vadis Apartments. Communication titled Late Communication for Agenda Item D-2. Presentation — To Mayor Pam Julien Houchen; Public Works Director Robert F. Beardsley and Gary Dysart, Vice President, Psomas Associates, by Victor Opincar, State President, Civil Engineers and Land Surveyors of California (CELSOC), a plaque recognizing the City of Huntington Beach for its Integrated Infrastructure Management Program (IIMP) and the Citizens Infrastructure Advisory Committee (IAC) recognizing Psomas Associates' dedicated effort in facilitating the IIMP and IAC programs as the City's professional services provider. Presentation — By Mayor Pam Julien Houchen to Cathy McGough, Vice Principal, Huntington Beach Adult School, a proclamation recognizing the Huntington Beach Adult Education Program on its 301" anniversary of educating the adults of our community. The Mayor's Award — To Dean Stone, Senior Accountant, Administrative Services Department. Mark Hunt advised Council of the activities of the Second Harvest Food Bank drive. He informed Council that the non-profit organization networks with charities to feed the hungry. Mr. Hunt reminded everyone to pay attention to local drop off sites, and encouraged businesses, schools and other groups to participate and host. He stated that the goal of one (5) March 19, 2001 Council/Agency Minutes - Page 5 million pounds last year should be reached this year. Mr. Hunt provided the phone number to call for more information: (714) 771-1343. Chuck Scheid spoke in opposition to the agenda Item on the Howard Jarvis lawsuit as premature. Mr. Scheid requested Council not to appeal Howard Jarvis tax case, suggesting that the trial testimony and judge's decision be studied closely. Steve Gullage, President of the Mobile Home Owners Association (MHOA) and the State President of the Golden State Mobile Home Owners League (GSMOL), expressed opposition to the agenda item on the mobile home market study for the feasibility of a rent stabilization ordinance. He stated that expending more funds to expand the study county -wide serves no purpose. Mr. Gullage spoke in favor of the agenda item on Senate Bill 691 regarding mobile homes and requested that Council support be conveyed to the Intergovernmental Relations Committee. Dave Sullivan stated his objection to the agenda item on the mobile home feasibility study for a rent stabilization ordinance as a delay tactic. Dr. Sullivan also provided a website address for persons to obtain a claim form and information on the property tax refund from the Howard Jarvis lawsuit. Virginia Sims expressed her support of community groups and individuals, including police officers, firefighters, paramedics, and several members of the press. Kamran Ramezani expressed his appreciation to Council for the action taken at the last Council meeting on the issue of the Ocean View School District school gymnasiums. Mr. Ramezani spoke in opposition to persons labeling certain Councilmembers as being "anti - kids." Denyse Scarberry reported on the findings of mold, fungus and bacteria at the Marine View School classrooms and on the Ocean View School District (OVSD) handling of the matter. Ms. Scarberry requested Council assistance regarding this issue. Joey Racano requested that Council "stand fast" against water pollution from AES Huntington Beach power plant, the 301-H waivers, and the proposed Groundwater Replenishment program. Mr. Racano spoke in favor of the Bolsa Chica Mesa acquisition. Lou Baker spoke against Assembly Bill 1256 on the Bolsa Chica Mesa acquisition as serving no economic gain and only special interest groups. (City Council) Council Responses to Public Comments Re: Assembly Bill 1256 and the Bolsa Chica Mesa Acquisition (120.70) Several members of the Council responded to the last speaker's comments, including Councilmember Dettloff who ascertained that a money amount was not furnished in the staff report. Councilmember Boardman also took exception to Mr. Baker's comments, stating the Council representatives going to Washington to lobby for funding for the Bolsa Chica went for a variety of other reasons, and that grant money for open space purposes is not competing with grant money for the infrastructure. (6) March 19, 2001 Council/Agency Minutes - Page 6 Public Comments Resumed Dean Albright, Huntington Beach Tomorrow, stated his objection to the agenda item on the mobile home market study for the feasibility of a rent stabilization ordinance. He also spoke in opposition to Councilmember Garofalo's agenda item relative to 100% of budget surplus rather than 50% being expended towards the sewer fund. Mr. Albright spoke of certain city projects such as providing handrails for the bluffs as non -essential "give-aways" of infrastructure fund monies. Tracy Pellman stated her intent of speaking on her own behalf and not as a member of the Ocean View High School District Board, in providing information on the middle school reconfiguration plan for the proposed gymnasiums. (City Council) City Administrator's Response to Public Comments Re: Funding for City Projects (320.10) City Administrator clarified that there have been no "give -a -ways" as stated under public comments and presented examples of the city's efforts in the area of securing grants as well as utilizing General Funds for essential needs. Public Comments Resumed Don McGee cited instances in which he has found that the school boards have not acted in the best interest of the community. Rocky LaCross, representative of Burlington Coat Factory, updated Council that his company has not received proposal from the Huntington Center mall developer, Ezralow Properties, Inc. (City Council) Council Response to Public Comments Re: Burlington Coat Factory Owner Participation in the Redevelopment of Huntington Center Mali (600.30) Councilmember Dettloff responded to the public speaker regarding the above -captioned subject that until the issue of the Montgomery Wards property has been resolved, there cannot be any discussion by Council regarding proposals. (City Council) Approved City Council Position on Legislation Pending Before the State Legislature and Congress as Recommended by the City Council Intergovernmental Relations Committee to Support Four Assembly Bills: (1) AB 20 on the Senior Center Bond Act; (2) AB 72 on Escheated Funds and the Hoursing Rehabilitation Loan Program; (3) AB 1256 on the Bolsa Chica Mesa Acquisition; and (4) AB 1334 on Caulerpa Algae (640.90) The City Council considered a communication from Councilmember Shirley Dettloff, the City Council Intergovernmental Relations Committee Chair Person; and Council Committee Liaisons Mayor Pro Tem Debbie Cook and Councilmember Ralph Bauer transmitting that the Committee has reviewed the following legislation and recommends that the City Council take a position on the following items in the motion (to follow), and requesting authorization that the Mayor send letters reflecting those positions to the legislators. Council Committee Chair Shirley Dettloff announced that the staff liaisons met and reported on each of the legislative items. She informed Council that a representative from State (7) March 19, 2001 Council/Agency Minutes - Page 7 Assemblyman Tom Harman's Office was present at that meeting for Assembly Bill 1256 on the acquisition of the Bolsa Chica Mesa, and Assembly Bill 1334 on the Caulerpa Algae. _. Councilmember Dettloff mentioned that State Assemblyman Dick Light was also in attendance to represent Assembly Bill 20 on the Senior Center Bond Act. Asked about the cost of the Bolsa Chica Mesa, the Council Committee responded that it is approximately $25 million. A motion was made by Dettloff, second Cook to 1. Support: AB 20 (KORETZ) Senior Center Bond Act which would provide funding for purchase, improvement, or equipment for facilities providing program for senior citizens; and 2. Support AB 72 (BATES) Escheated funds, portable housing which would allow unclaimed money from a deceased estate, that is permanently escheated to the state, to be deposited in the Housing Rehabilitation Loan Fund for elderly persons or households; and 3. Support AB 1256 (HARMAN) - Acquisition of the Bolsa Chica Mesa (This bill would appropriate an unspecified sum from the General Fund to the Department of Parks and Recreation to be used, together with an equivalent amount of local matching funds, for the purchase of unincorporated area in Orange County known as "Bolsa Chica." The bill would declare findings of the Legislature relating to this bill.); and 4. Support AB 1334 (HARMAN) Caulerpa Algae which would prohibit the sale, possession, transportation, transfer, or giving away without consideration the salt water algae of the genus Caulerpa. The motion carried unanimously with all present. (City Council) Announcements Made by Councilmember Dave Garofalo Regarding: (1) Resignation of His Planning Commissioner Appointee, Fred Speaker and (2) Appointment of His New Planning Commissioner Appointee, Bill Borden (110.20) The City Council considered a communication from Councilmember Garofalo that he regrettably accepts the resignation of Fred Speaker as his appointee to the Planning Commission. In so doing, he announced a new appointment, Bill Borden. Councilmember Garofalo described Mr. Speaker as a friend of 31 years and who, among other attributes, is a citizen leader, non -partisan, and a consensus builder. Councilmember Garofalo provided Mr. Bill Borden's credentials, stating that he is a key newspaper columnist with the Huntington Beach Wave, a member of the Community Services Commission, a Director of the Community Clinic, and an active volunteer in the Oakview community. Several members of Council expressed their appreciation of Mr. Fred Speaker and words of welcome to Mr. Bill Borden. Councilmember Bauer stated that it was Mr. Speaker's powers of persuasion with his recommendation of "pay-as-you-go" financing that helped cut costs on the Water Master Plan. (City Administrator's Report) Announcement by City Administrator of the Request for Council Ratification of the Appointment of Clay Martin as the Administrative Services Director (600.10) City Administrator Ray Silver announced that there is a Consent Calendar agenda item requesting Council ratification of the selection of Clay Martin for the position of the (8) March 19, 2001 Council/Agency Minutes - Page 8 Administrative Services Director. Mr. Silver informed Council that Mr. Martin has served as the Director of Organizational Effectiveness for the last two years, which he stated is a role that is rare in city government but one which provides better service to the departments. (City Council) Received Assistant City Administrator's Report on the AES Huntington Beach LLC Power Plant Expansion Relative to Air Quality, Landscaping and Building Permit Issues (510.20) Assistant City Administrator William Workman presented an oral report on the AES Huntington Beach LLC Power Plant expansion and negotiations relative to the following issues: 1. air quality conditions; 2. visual impact improvements through screening and landscaping; 3. the potential for dismantling the plant in favor of a new modern plant to be built in several years; 4. the impact of the facility on ocean life and water quality; and 5. ability for city to be Chief Building Inspector. Assistant City Administrator Workman informed Council that on -going issues will involve designating power for California only; and also that the hours of construction conform to city ordinances. Mr. Workman stated that the California Energy Commission will meet again in the Council Chambers to hear public testimony on April 4, 2001. (City Council) Presentation by Councilmember Ralph Bauer on the Rail Symposium Meeting (Video Tape Available) (120.70) Councilmember Bauer provided a brief oral report on a meeting held by the Rail Symposium and stated that a video tape of the presentation is available for viewing upon request. Councilmember Garofalo gave his recognition to City Administrator Silver, Assistant City Administrator Workman, Real Estate Manager Matthew Lamb, and Building Director Ross Cranmer for their responses to the energy crisis. (City Council) Public Hearing to Consider Appeal by Mayor Pro Tern Debbie Cook of Planning Commission's Approval of Application by Keith Bohr of Entitlement Plan Amendment No. 00-11 -- Ibiza Restaurant Live Entertainment and Roof Deck Dining at 209 Main Street -Appeal Denied - Entitlement Plan Amendment No. 00-11 Approved with Conditions (420.40) Mayor Julien Houchen announced that this was the time scheduled to consider the following public hearing: Applicant: Keith Bohr, 415 Townsquare Lane, #219, Huntington Beach, CA 92648 Appellant: Debbie Cook, Mayor Pro Tempore Request: To permit the use of a 2,550 square foot roof deck for dining purposes and establishment of live entertainment within a previously approved restaurant. (9) March 19, 2001 Council/Agency Minutes - Page 9 Location: 209 Main Street (Ibiza Restaurant) Environmental Status: Notice is hereby given that Item is categorically exempt from the provisions of the California Environmental Quality Act. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Planning Director Howard Zelefsky introduced Associate Planner Wayne Carvalho as the Project Planner who presented the PowerPoint slide report titled Appeal — Ibiza Restaurant Live Entertainment/Roof Deck — Entitlement Plan Amendment No. 00-11 which is included in the agenda packet. Planning Director Zelefsky emphasized that one item that he considers to be the most pertinent condition relates to the hours of operation, stating that the Planning Commission limited the restaurant's outdoor activity to 8:00 p.m., as opposed to 12 midnight for indoor dining and entertainment. In response to Councimember Boardman's inquiry as to the proximity of the nearest resident, Associate Planner Carvalho stated that it is approximately 30 to 40 feet. Associate Planner Carvalho affirmed Councilmember Dettloffs statement that the area is zoned for mixed use purposes. Mayor Julien Houchen declared the public hearing open. Prior to calling the names of the public hearing speakers, the City Clerk restated for the record the Late Communications pertaining to this item announced earlier in the meeting: Communication dated March 15, 2001 from Idelle Hoffman transmitting her opposition to the live entertainment permit for the rooftop of Ibiza Restaurant located at 209 Main Street. Communication dated March 15, 2001 from Mr. & Mrs. W.G. Gallegos transmitting their opposition to the live entertainment permit for the rooftop of Ibiza Restaurant located at 209 Main Street. Communication dated March 14, 2001 from Mr. & Mrs. J. Lota transmitting their opposition to the live entertainment permit for the rooftop of Ibiza Restaurant located at 209 Main Street. Philomene Gallegos informed Council that she has a petition with 21 signatures of property owners who are in protest of the live entertainment pen -nit. Mrs. Gallegos reiterated what is stated in the Late Communication which she submitted, stating that the problem would be with outdoor activity only. Bill Gallegos informed Council that his place of business is directly behind the Ibiza Restaurant, and that his living quarters are at the same elevation across from said restaurant in close proximity. Mr. Gallegos stated that allowing the permit would exacerbate the noise pollution that is already intolerable, and which is not being controlled by the Police Department. Charlie Bunten spoke in favor of the Planning Commission's approval of the Ibiza Restaurant permit. Mr. Bunten stated that he invested in living in a noisy, bustling area and that the (10) March 19, 2001 Council/Agency Minutes - Page 10 restaurant's live entertainment will complement the choices now available for visitors and residents alike. Charles Hallford stated that he is speaking as a father bringing up young children, to concur with the testimony of previous speakers who voiced their opposition to the Ibiza Restaurant's application for a live entertainment permit. Mr. Halford added that the loud music accelerates as the evening progresses. Jeff Bergsma, architect, spoke of the mitigating effect of using plants to muffle noise, citing the landscaping at Hurricane's and the Longboard Restaurant to illustrate his point. He stated that it is substantial to note that Ibiza Restaurant is not applying for a permit to play amplified, but softer, guitar -type of music. Mr. Bergsma announced that he is available to answer any design - related questions. Keith Bohr, applicant, expressed his pleasure at having worked with the Planning Commission and the Police Department through the entitlement process, which representatives he stated provided 100% concurrence at passing the Ibiza Restaurant live entertainment and roof deck dining permit. Mr. Bohr pointed out that the permit is issued annually and can be denied later. He informed Council that he had met with the appellant, Mayor Pro Tem Cook and Mr. and Mrs. Gallegos, to assure them that the Ibiza Restaurant will prove to be a good neighbor. Mayor Pro Tern Cook asked Mr. Bohr if the Alcohol and Beverage Control (ABC) permit will allow for music, to which he answered in the affirmative that live entertainment will be "unplugged." Joey Racano stated his purpose for speaking was not as a "community activist," but as a practicing musician, informing Council that he had worked at Gallagher's located in Peter's Landing. Mr. Racano stated that he personally knows the owners of the Ibiza Restaurant to be responsible people. He elaborated on the type of music proposed, clarifying that there will no bass, which is the sound that typically carries, and that there is always volume control in terms of singing. There were no persons present to speak further on the matter and there were no further protests filed, either written or oral. The hearing was closed by the Mayor. Councilmember Dettloff informed Council that she will move for approval and stated reasons relating to consistency with the Downtown Specific Plan and other plans. Councilmember Garofalo seconded the motion. Councilmember Bauer recounted similar battles by other dining establishments, such as Niccole's Restaurant and Peter's Landing, over entitlement permits. He ascertained from Planning Director Zelefsky that allowance of the entertainment permit is discretionary. Councilmember Boardman initiated discussion in relation to the technical differences between amplified and non -amplified, acoustical, and piped -in music. Mayor Julien Houchen requested Police Captain Jon Arnold to clarify code enforcement and vice issues and Alcohol and Beverage Control Board (ABC) rules. Captain Arnold stated that it is possible for a business to lose its ABC permit if it is found in clear violation of the noise ordinance. (11) March 19, 2001 Council/Agency Minutes - Page 11 Mayor Pro Tern Cook stated her preference that the business ought to operate with an entertainment license for the interior of the premises only, and demonstrate being a good neighbor before applying for an outdoor permit. Mayor Pro Tern Cook received clarification from Mr. Bohr, the applicant, that although the type of music is still being developed, the thought is that it would be Flamenco or classical guitar, with no percussion and limited to two persons. Councilmember Green echoed Councilmember Bauer's comments regarding past conflicts over the granting of entertainment permits. He stated the opinion that a business will not rise or fall by not having music. Councilmember Green informed Council that he will be opposing the recommended action for approval. Councilmember Garofalo spoke regarding the amenities which he stated are to be found in the downtown Huntington Beach area with respect to dining and entertainment. Mayor Pro Tern Cook stated that she has no objection to the playing of two stringed instruments with no bass. A motion was made by Dettloff, second Garofalo to approve as amended (limited to two stringed instruments with no bass and six month permit review), Entitlement Plan Amendment No. 00-11 with Findings and Conditions of Approval (Attachment No. 1*). The motion carried by the following roll call vote: Note: See Appendix A at the end of these minutes for Attachment No. 1 —. Findings and Conditions of Approval AYES: Cook, Julien Houchen, Garofalo, Dettloff NOES: Green, Boardman, Bauer ABSENT: None (City Council) Public Hearing —Adopted Resolution No. 2001-7 -- Proposed Issuance by the California Statewide Communities Development Authority of Multifamily Housing Revenue Bonds for Quo Vadis Apartments Affordable Housing Project =-18992 Florida Street (330.30) Mayor Julien Houchen announced that this was the time scheduled for a public hearing to consider the proposed issuance of multifamily housing revenue bonds in an amount not to exceed $8,100,000 (the "Bonds"). California Statewide Communities Development Authority will be the issuer of the Bonds. The Bonds are for the purpose of assisting the financing of a 104-unit multifamily housing project to be owned and operated by KDF QV, L.P. and/or a related entity. The project is known as "The Quo Vadis Apartments" and is located at 18992 Florida Street, Huntington Beach, CA 92648. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Economic Development Director David Biggs presented the PowerPoint slide report accompanying the Late Communication that had been announced earlier by the City Clerk. The slide presentation is titled Public Hearing for the Issuance of Multifamily Housing Revenue Bonds for Quo Vadis Apartments. (12) March 19, 2001 Council/Agency Minutes - Page 12 Director Biggs reiterated that although the state has the authority to issue the bonds, the.city is required to conduct the public hearing. Councilmember Boardman inquired as to the type of rehabilitation to be done on site, to which Economic Development Director Biggs responded with a description of two thresholds involving interior and exterior repairs and refurbishment. Director Biggs informed Council that the developer is present and can provide a better sense of the scope of work. The City Clerk announced for the record the Late Communications pertaining to this public hearing, which is an Inter -Office Memorandum transmitting the foregoing PowerPoint slide report presented by the Economic Development Director. The communication is dated March 19, 2001 and titled Late Communication for Agenda Item D-2. Mayor ,Julien Houchen declared the public hearing open. Mark Hyatt, developer, welcomed questions from Council. He responded to the inquiries regarding the cost of services to be provided, stating that the money will go a long way towards repairs needed to avoid maintenance problems. There were no persons present to speak further on the matter and there were no protests filed, either written or oral. The hearing was closed by the Mayor. Councilmember Boardman inquired as to what is a "residual receipt loan." Director Biggs defined the term by citing examples such as any cash not used will go towards repayment of the debt service, etc. A motion was made by Garofalo, second Dettloff to adopt Resolution No. 2001-7 — "A Resolution of the City Council of the City of Huntington Beach Approving the Issuance of Not to Exceed $8,100, 000 Aggregate Principal Amount of Multifamily Housing Revenue Bonds." The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, .Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None Consent Calendar — Items Removed for Separate Discussion The following items were removed from the Consent Calendar for separate discussion: (City Council) Final Tract Map No. 15795 of Tentative Tract Map No. 15795 with Bonds and Agreements (The Boardwalk) — Subdivision Agreement — PLC Land Company — Palm- Goldenwest Specific Plan — slw Corner of Palm and Goldenwest (420.60) (City Council) Revised Professional Services Agreement with Center for Demographic Research for Expanded Scope of Mobile Home Market Study for the Feasibility of a Rent Stabilization Ordinance for Huntington Beach - Appropriation of Funds (600.10) (City Council) Contract between the City and the Public Enterprise Group (Donald R. Schulte) for Marketing Services (600.10) (13) March 19, 2001 Council/Agency Minutes - Page 13 (City Council) Two Professional Services Contracts between the City and (1) RBF Consulting for Preparation of Environmental Documentation for the Poseidon Seawater Desalination Plant Within the AES Huntington Beach, LLC Power Plant Facility and (2) a Reimbursement Agreement with Poseidon Resources Corporation for Planning Services (600.10) (City Council) Professional Services Contract with Darrel Cohoon & Associates for Development of Methodology for Implementation of a Sewer Service Charge — Waiver of Workers Compensation Insurance Requirements and Amendment to Hold Harmless Contract Clause (600.10) Consent Calendar — Items Approved On motion by Green, second Garofalo, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Green Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of February 20, 2001 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (Redevelopment Agency) Approved Appropriation of Housing Set Aside Funds in the Amount of $201,121.35 for Bridges America Sher, L.P. for Sher Lane/Parkside Lane Affordable Housing Project (600.30) — Appropriated $201,121.35 of Housing Set Aside Funds for the rehabilitation of 16112 Sher Lane and 16121 Parkside Lane. Submitted by the Economic Development Director. Funding Source: $201,121.35 — Housing Set Aside Funds. (City Council) Approved Appointments to the Children's Needs Task Force — Berry, Rutherford, Nguyen (570.70) — Appointed the following individuals to the Children's Needs Task Force: Frank Berry, Gary Rutherford — 3/01-3/05 and Carolyn Nguyen (student member) 5101-4/02. Submitted by the Community Services Director and as Recommended by Council Liaisons Mayor Pam Julien Houchen and Councilmember Shirley Dettloff. Funding Source: Not Applicable. (City Council) Approved Continuation of 2001 Mortgage Credit Certificate Program — Approved Continuation of Cooperative Agreement with County of Orange (600.25) — 1. Reaffirmed continuation of the Mortgage Credit Certificate program as set forth in Resolution No. 97-001 adopted by City Council on January 6, 1997 (Attachment 1); and 2. Reaffirmed continuation of the Cooperative Agreement between the County of Orange and the City of Huntington Beach Regarding the Mortgage Credit Certificate Program, approved by City Council on August 25, 1994 -- Cooperative Agreement Between the County of Orange and the City of Huntington Beach Regarding the Mortgage Credit Certificate Program. Submitted by the Economic Development Director. (No Funds required at this time.) (Redevelopment Agency) Approved as to Form Three Office Space Leases between Abdelmuti Development Co. and (1) Vesta Capital Partners, LLC (Suite 2F), (2) DoveBid, Inc. (Suite 3A-1), and (3) Frangelica, Inc. (Suite 3D) — Oceanview Promenade (Main -Pier Redevelopment Area) (600.30) — Approved as to form the following office space leases at the Oceanview Promenade between Abdelmuti Development Company and (1) Vesta Capital (14) March 19, 2001 Council/Agency Minutes - Page 14 Partners, LLC; (2) DoveBid, Inc.; and (3) Frangelica, Inc. Submitted by the Economic Development Director. Funding Source: Not Applicable. (City Council) Approved Amendment of City Budget to Increase City Attorney's Legal Services Account — (Talbert & Beach vs City) (Howard Jarvis Taxpayers) (AES Proceedings before the California Energy Commission) (320.45) -- Approved and authorized the Director of Administrative Services to appropriate $200,000 from the General Fund Balance to the City Attorney's Legal Services Account to fund the remainder of anticipated costs for outside legal counsel for Fiscal Year 2000-2001. Submitted by the City Attorney. Funding Source: General Fund. (City Council) Adopted Resolution No, 2001-9 Authorized the Mayor and City Clerk to Execute Federal Aid Program Supplement Agreement M011 to State Agency Agreement No. 12-5181 for the South Beach Phase 1 Construction Improvements; CC-1106 (600.20) - Adopted Resolution No. 2001-9 — "A Resolution of the City Council of the City of Huntington Beach Authorizing the Mayor and City Clerk to Execute Program Supplement No. M011 to Agreement No. 12-5181 for the South Beach Phase 1 Construction Improvements." Submitted by the Public Works Director. Funding Source: Not Applicable. (City Council) Accepted the 1999-2000 Community Development Block Grant (CDBG) Sewer Sliplining Project, CC-1130 and Authorized Filing of Notice of Completion — Sancon Engineering, Inc. (600.60) — Accepted the 1999-2000 CDBG Sewer Sliplining Project, CC-1130, at a final cost of $376,581.00 and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the Public Works Director. Funding Source: (CDBG) Community Development Block Grant Funds. (City Council) Approved Funding for Replacement of Certain Bollards at Pier Plaza to Create Physical Separation Between Restaurant Valet Parking and Pier Plaza (320.45) — Authorized the Director of Administrative Services to appropriate $9,000 from the General Fund Unappropriated, Undesignated Fund Balance into Beach Maintenance Account to create a physical barrier between the Pier Plaza public space and restaurants' valet parking area in order to prevent potential injury to the public. Submitted by the Community Services Director. Funding Source: General Fund, Unappropriated, Undesignated. (City Council) Approved Plans and Specifications and Authorized Advertisement for Bids for the Arterial Highway Rehabilitation Program Projects (Contingent Upon CalTrans Approval); CC-1145; CC-1146; CC-1147; and CC-1148 — Approved Sample Contract (600.20) —1. Approved plans and specifications, and authorized the Director of Public Works to request bids for the following Arterial Highway Rehabilitation Projects contingent upon Caltrans approval of the plans, specifications for all cash contracts and estimate for CC-1147: Street Project # 1. Springdale CC-1145 2. Edinger CC-1146 3. Brookhurst CC-1147 4. Magnolia CC-1148 Limits Award McFadden to Bolsa $269,895 Gothard to Newland $233,847 Hamilton to Indianapolis $400,000 Adams to Garfield $237,659 and 2. Approved the attached sample contract subject to award of the contract to the lowest responsible/responsive bidder. Submitted by the Public Works Director. Funding Source: Combination Gas Tax Entitlement funds, Arterial Highway Rehabilitation Program (AHRP) grant and Gas Tax Arterial Highway Rehabilitation funds (AB2928) are available. (15) March 19, 2001 Council/Agency Minutes -Page 15 (City Council) Approved Sole Source Professional Services Contract Between the City and Gustavo Ortiz for Workers Compensation Claims Services and Approved Settlement Agreement Committee's Recommendation for Waiver of Insurance Liability Requirements (600.10) — 1. Approved and authorized the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and Gustavo Ortiz for Workers Compensation Claims Services; and 2. Approved the waiver of general liability and professional liability insurance requirements as recommended by the Settlement Committee meeting. Submitted by the Administrative Services Director and the Fire Chief/information Services Director. Funding Source: $150,000 is currently budgeted in the JD Edwards project for backfilling Administrative Services personnel assigned to the project, available in the Temporary Salaries Account. (City Council) Approved the City Treasurer's Contractor Certification Clauses for the Franchise Tax Board (600.10) —Approved and authorized the Mayor Pro Tem to execute the Contractor Certification Clauses as part of Agreement Number C2020090 with the Franchise Tax Board previously approved by City Council on February 5, 2001. Submitted by the City Treasurer. Funding Source: None required. (City Council) Approved the Employment Agreement Contract between the City and Clay Martin Selected as the Director of the Administrative Services Department (600.10) — 1. Approved the recommendation of the City Administrator to transfer Clay Martin to the position of Director of Administrative Services; and 2. Approved the contract Employment Agreement Between the City of Huntington Beach and Clay Martin for the position of Director of Administrative Services and authorize the City Administrator and City Clerk to execute same. Submitted by the City Administrator. Funding Source: Fiscal Year 2000101 City General Fund Budget Account, Administrative Services Permanent Salaries. (City Council) Approved Partnership Agreement between the City and the Rancho Santiago College District for the Educational Training of Marine Safety Personnel, Community Services Department (600.10) —1. Approved and authorized the Mayor and City Clerk to sign the attached Agreement between Rancho Santiago Community College District and the City of Huntington Beach for Education Instructional Purposes; and 2. Authorized the Director of Administrative Services to appropriate $15,000 from the General Fund Unappropriated, Undesignated Fund Balance into Marine Safety Overtime Account 10045207.53020 and $5,000 into Marine Safety Tuition Account 10045207.68575. Submitted by the Community Services Director. Funding Source: $20,000 from the General Fund Unappropriated, Undesignated Fund Balance. The city will be reimbursed per student contact hour for teaching and training classes; Total Revenue to City $23,900. (City Council) Approved Amendment No. 5 to Engineering Resources, Inc. Professional Services Agreement for Plan Checking and Development Processing (Engineering Development and Construction Management Functions) (600.10) —Approved and authorized the Mayor and City Clerk to execute Amendment No. 5 to the Agreement between the City of Huntington Beach and Engineering Resources of Southern California, Inc. for Plan Checking and Development Processing. Submitted by the Public Works Director. Funding Source: A total of $750,000 is budgeted in: General Fund Engineering Contract Services — $365,000; Water Fund Engineering Contract Services - $82,000. Up to $303,000 will be charged to budgeted Capital Improvement Projects or developer paid processing fees as necessary. No additional funds are required. (16) March 19, 2001 Council/Agency Minutes - Page 16 (City Council) Approved the Time and Attendance/Leave Management Sales Agreement and Software License and Maintenance Agreement with KRONOS, Inc. for the J.D... Edwards Business System Implementation (600.10) —1. Approved and authorized the Mayor and City Clerk to execute the KRONOS Sales Agreement and Software License for an amount not to exceed $225,000 for Time & Attendance/Leave Management Software and Hardware; and 2. Executed the Software Maintenance Agreement between the City and KRONOS, Inc. for an amount not to exceed $25,000. Submitted by the Fire Chief/ Information Systems Director. Funding Source: Phase I & II Funding and Capital Software Account. (City Council) Approved Final Tract Map No. 15795 of Tentative Tract Map No. 15795 with Bonds and Agreements (The Boardwalk) — Approved Subdivision Agreement — PLC Land Company — Palm-Goldenwest Specific Plan — slw Corner of Palm Avenue and Goldenwest Street (420,60) The City Council considered a communication from the Planning Department submitting Final Tract Map No. 15795 located at the southwest corner of Palm Avenue and Goldenwest Street for approval. Councilmember Boardman requested that this agenda item be removed from the Consent Calendar for separate discussion to request an enlargement in the font size used in the tract maps and matrices for legibility. Staff concurred. Councilmember Boardman ascertained from Planning Director Zelefsky that the height of 12 foot wall is atypically taller than the norm. Mr. Bill Holman, representative of PLC Land Company, stated that the wall complements the architecture, and that this is not dissimilar to the deck walls at the guardhouse entry found in a Holly-Seacliff development, Peninsula Park at Garfield Avenue. A motion was made by Boardman, second Cook to 1. Approve Final Tract Map No. 15795 and accept the offer of dedication, improvement, and bonds; and 2. Approve the Subdivision Agreement by and between the City of Huntington Beach and PLC Land Company for Tract No. 15795 and authorize execution by the Mayor and City Clerk pursuant to findings and requirements set forth in Attachment No. 1 to the Request for Council Action as follows: Findings for Acceptance of Final Map: Final Tract Map No. 15795 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15795 conditions of approval as approved by the Planning Commission. Requirements. 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file bonds with the City Treasurer (Attachment No. 6): a. Faithful Performance Bond No. 3SM-987-509-00; b. Labor and Material Bond No. 3SM-987-509-00; and c. Monument Bond No. 3SM-987.510-00 (American Motorists Insurance Company). 3. Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map; a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; d. An approved Subdivision Agreement shall be submitted (Attachment No. 5); e. Payment of Park and Recreation In -Lieu Fees. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (17) March 19, 2001 Council/Agency Minutes - Page 17 (City Council) Approved Revised Professional Services Agreement with Center for Demographic Research for Expanded Scope of Mobile Home Market Study for the . Feasibility of a Rent Stabilization Ordinance for Huntington Beach and Approved Appropriation of Funds (600.10) The City Council considered a communication from the Economic Development Department transmitting that on August 21, 2000, the City Council approved a contract with the Center for Demographic Research to conduct a market study of mobile home parks in Huntington Beach. The purpose of this study would be to inform Council of whether or not a rent stabilization ordinance is needed. Upon approval of the City's contract with the Center for Demographic Research, Council directed staff to obtain a proposal from the consultant to expand the scope of the study to include mobile home parks throughout Orange County. This proposal has been received, and the City's contract for the market study has been revised to incorporate the additional work. At this time, staff requests approval of the attached revised professional services contract with Center for Demographic Research. Council is requested to authorize the Mayor and City Clerk to execute the contract. In addition, Council is requested to appropriate $6,250 from the General Fund to pay for the expanded scope of the mobile home market study. Councilmember Garofalo requested that this agenda item be pulled from the Consent Calendar. Councilmember Garofalo stated that he was not present at the Council meeting and wished to learn the "genesis of the item," prodded by the statements made during the public comments at this evening's Council meeting. Economic Development Director Biggs responded that he did not recall who made the motion but that it had been approved six to zero, with Garofalo absent. Councilmember Boardman stated that she remains unconvinced that the expanded study is needed, and will be voting against the proposal. Mayor Julien Houchen clarified that she initiated the work item during the August 21, 2000 Council meeting, making the motion to approve stafrs recommendation to select the Center for Demographic Research as the consultant to conduct the city's mobile home market study. Mayor Julien Houchen furnished the rationale that the study provides a benchmark. Considerable discussion ensued, with Economic Director Biggs updating Council on delays encountered with the Huntington Beach survey in progress. Mayor Pro Tern Cook inquired if members of Council could expedite the process by making the calls themselves to the mobile home parks to inquire as to the amounts they are charging for space rents. Director Biggs responded that the reason for using an outside source was to make it an independent survey. A motion was made by Bauer, second Green to 1. Authorize the Mayor and City Clerk to execute the attached revised professional services contract with the Center for Demographic Research Revised and Restated Professional Services Contract between the City of Huntington Beach and California State University, Fullerton Foundation for a Mobilehome Market Study, and 2. Appropriate $6,250 from the City's General Fund to pay for the expanded scope. The motion carried by the following roll call vote: (18) March 19, 2001 Council/Agency Minutes - Page 18 AYES: _Green, Julien Houchen, Garofalo, Dettloff, Bauer NOES: Boardman, Cook ABSENT: None (City Council) Approved Services Contract between the City and the Public Enterprise Group (Donald R. Schulte) for Marketing Services (600.10) The City Council considered a communication from the Community Services Department transmitting that there is a need to approve a contract with the Public Enterprise Group (Donald R. Schulte) for the purpose of acting as the city's agent in securing future corporate partnership revenue programs. Councilmember Boardman requested that this agenda item be removed from the Consent Calendar for separate discussion in order to seek clarification of the last paragraph on page 2 of the staff report regarding the contract. Councilmember Boardman recommended that a cap on the salary be proposed. Mayor Pro Tern Cook concurred with Councilmember Boardman, expressing her own discomfort at the open-ended nature of the contract. She inquired if it is the norm to allow reimbursements on commissioned work for `but -of -pocket" and travel expenses. Community Services Director Hagan reported. A motion was made by Garofalo, second Green to 1. Approve the Services Contract between the City of Huntington Beach and Public Enterprise Group for Marketing Services (Donald R. Schulte); and 2. Authorize the Mayor and City Clerk to sign the attached agreement between Public Enterprise Group (Donald R. Schulte) and the City of Huntington Beach for Marketing Services. The motion carried by the following roll call vote: AYES: Green, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: Boardman ABSENT: None (City Council) Approved Two Professional Services Contracts between the City and (1) RBF Consulting for Preparation of Environmental Documentation for the Poseidon Seawater Desalination Plant Within the AES Huntington Beach, LLC Power Plant Facility and (2) a Reimbursement Agreement with Poseidon Resources Corporation for Planning Services (600.10) The City Council considered a communication from the Planning Department transmitting a request to enter into two agreements. The first agreement is a Professional Services Contract in the amount of $204,692 with RBF Consulting for preparation of environmental documentation for the Poseidon seawater desalination and the second agreement is a Reimbursement Agreement with Poseidon Resources Corporation, the project proponent, to reimburse the city for planning services to prepare environmental documentation for the desalination plant. The staff report states that staff anticipates preparation of the environmental documentation to be completed within one year; however the term of the contract and reimbursement agreement, upon approval by the City Council, is for a period not to exceed 36 months to allow for any required follow-up of mitigation measures. (19) March 19, 2001 Council/Agency Minutes - Page 19 Councilmember Bauer stated that he requested that this agenda item be removed from the Consent Calendar to inquire if the city has purchased the land, to which Planning Director. Zelefsky responded in the negative. Director Zelefsky invited a representative from Poseidon Resources Corporation, Vice President Virginia Grebbien to comment. Ms. Grebbien answered that the land is being leased. Vice President Grebblen reported on the condition of the aquifer, which she stated is being depleted due to the increase in the number of injection wells. A motion was made by Bauer, second Green to 1. Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and RBF Consulting for Professional Planning Services for Preparation of Environmental Documentation for the Poseidon Seawater Desalination Plant in the amount of $204,692; and 2. Approve and authorize the Mayor and City Clerk to execute the Reimbursement Agreement between the City of Huntington Beach and Poseidon Resources Corporation for Preparation of Environmental Documentation for the Poseidon Seawater Desalination Plant for Planning Services; and 3. Authorize the Director of Administrative Services to appropriate $204,692 from the City's General Fund Balance to the Planning Department's Contractual Services Account No. 10060201.69365; and 4. Authorize the Director of Planning to expend $204,692 for Professional Planning Services to prepare Environmental Documentation, pursuant to the Contract with RBF Consulting, and to extend the duration of the Contract as required. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Approved Professional Services Contract with Darrel Cohoon & Associates for Development of Methodology for Implementation of a Sewer Service Charge — Approved Waiver of Workers Compensation Insurance Requirements and Amendment to Hold Harmless Contract Clause (600.10) The City Council considered a communication from the Public Works Department requesting approval for the city to enter into a professional services agreement with Darrel Cohoon and Associates to develop the methodology and rate structure for a sewer service charge. Councilmember Dettloff requested that this agenda item be removed from the Consent Calendar for further discussion. She stated she agreed with Councilmember Bauer that placing this project at the state level will help the city stay ahead of the crisis suffered by other cities. Councilmember Garofalo informed Council of a presentation made by the Orange County Water District (OCWD). Councilmember Green stated his concern that he had learned from speaking with Mr. Jerry King of the OCWD that water is being brought in from the Metropolitan Water District at half price. Councilmember Green announced that the OCWD will meet jointly with the Orange County Sanitation District (OCSD) to vote on their proposed Groundwater Reclamation Project. A motion was made by Dettloff, second Bauer to 1. Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and (20) March 19, 2001 Council/Agency Minutes - Page 20 Darrel Cohoon & Associates for Development of Methodology for Implementation of Sewer Service Charge; and 2. Waive the Workers Compensation Insurance requirements; and _. 3. Approve additional wording of negligent performance to the Hold Harmless contract clause; and 4. Authorize the Director of Public Works to expend up to $32,450 for $29,500 contract costs plus 10% contingency for development of a methodology for implementation of a sewer service charge. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Approved Changes to Administrative Services Department Budget (320.45) The City Council considered a communication from the Director of Administrative Services informing Council that over the last several years the Administrative Services Department has been increasing its departmental workload without any augmentation to staff or available resources. With the implementation of the new JD Edwards financial system, changes in the City Medical Plan enrollment, and the increased role of the Real Estate Services Division it has become urgent to deal with several issues facing each division in the Administrative Services Department. Clay Martin, the newly appointed Director of Administrative Services made a brief oral report on the unforeseen challenges being faced by the city with the JD Edwards Program software. He provided positive notes on the payroll system and other aspects of the program. Administrative Services Director Martin spoke regarding the major projects in the forefront requiring attention. Discussion followed relative to the transfer of $70,000 from Medical Insurance Fund into the Administrative Services Budget. Administrative Services Director Martin clarified that amount in the funding source is coming from increased proceeds as a result of increased enrollment. 0 A motion was made by Garofalo, second Julien to approve, as amended, without $70,00 from the Medical Insurance Fund to authorize the Director of Administrative Services to appropriate $332,680 from the Unreserved General Fund Balance to the Administrative Services Budget. City Administrator Silver explained that the idea of the city's self-insurance plan is to remain independent. Mr. Silver reiterated Administrative Services Director Martin's statement that there has been a 20% increase in the number of employees enrolled, and that the revenue will go towards medical related services, such as claims examiners. Councilmember Garofalo withdrew his amendment, and moved to approve the main motion (to follow). A motion was made by Garofalo, second Dettloff, to authorize the Director of Administrative Services to appropriate $332,680 from Unreserved General Fund Balance and $70,000 from the Medical Insurance Fund to the Administrative Services Departmental Budget. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Garofalo, Dettloff, Bauer NOES: Julien Houchen ABSENT: None (21) March 19, 2001 Council/Agency Minutes - Page 21 (City Council) Approved Introduction of Ordinance No. 3493 Modifying Chapter 5.50 Pertaining to Regulation of Mobile Vendors and Repealing Chapter 8.08 Relating to Food Vending Vehicles (640.10) The City Council considered introduction of Ordinance No. 3493 modifying Huntington Beach Municipal Code Chapter 5.50 which would regulate mobile vendors and repeal Chapter 8.08 regulating food vending vehicles After the City Clerk read by title, a motion was made by Green, second Garofalo to approve introduction of Ordinance No. 3493 - "An Ordinance of the City of Huntington Beach Amending Chapter 5.50 of the Huntington Beach Municipal Code Relating to Mobile Vending and Deleting Chapter 8.08 Relating to Food Vending Vehicles in its Entirety." The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Motion Failed for Lack of a Second to Commit a Portion of Budget Surplus to Sewer Fund (320.10) The City Council considered a communication from Councilmember Dave Garofalo submitting the following Statement of Issue: Several years ago with the concurrence of a majority of the Council, we placed some restrictions of spending budget surpluses. I think generally Administration and Council found that to be good policy. I have a number of relative issues to bring forward. Based on very recent information we have a current Budget Surplus of approximately $3 million. We are showing some unanticipated expenses of about $1 million. That would leave about $2 million this point in the Fiscal period. Councilmember Bauer spoke regarding the city's budget deficit in the sewer program as well as in 17 other categories. Councilmember Dettloff stated that this agenda item may be premature, as recommendations from the Infrastructure Planning Committee are forthcoming in the near future. A motion made by Garofalo for Council to approve the commitment of a minimum of 50% of any Budget surplus to the Sewer Fund through Fiscal Year 2002. Based on this motion succeeding, staff should redirect their estimates for cost to fulfill the proposed sewer plan and present net cost back to the City Council for debate and resolution. The motion failed for a lack of a second. (City Council) Motion Withdrawn to Approve a Red Team Meeting for Broad Discussion of Economic Development Issues (120.25) The City Council considered a communication from Councilmember Dave Garofalo submitting the following Statement of Issue: We've funded and filed at least two Edinger Corridor studies since the majority of this Council took office. Likewise, the study of Beach Boulevard consumes volumes of data in various City Hall Offices. Sales tax, while at an all-time high for the city, shows evidence of weakness and continual lagging comparable to Orange County cities. (22) March 19, 2001 Council/Agency Minutes - Page 22 As I look at -the remaining 20 months or so left in office, I am compelled to look forward rather than behind. While we've done some good, particularly, the highest sales tax revenue in -the city's history in 2000 and the highest generation of Room Tax, much is left to be done. There were simple solutions. The first piece of legislation that 1 helped create was permitting corporations like Budweiser to sponsor beach events. The regulations have been tight and complied with for the six years we have allowed this activity. Some events would never have happened in Huntington Beach without that simple effort. The second piece of legislation authored was to establish the Red Team. This group has been successfully utilized in the past to help us with several issues. That was more complicated and long term. I think that if we get the Red Team together, we could have them tell us a few things, we could help those who might be considering expansion, some might be considering consolidation, etc. Bring in the Realtors, bring in the major shopping center manager/owners and let commerce happen in the incubator we could provide. If Council so feels that such a working seminarwould be helpful and Administration feels there is some work involved, I would be happy to help in getting the letters out, inviting guests, etc. A motion was made by Garofalo to schedule a Red Team Meeting in the shortest possible time frame for a broad discussion of Economic Development issues, but specifically, a round table discussion of business networking opportunities, major commercial building space available, office and retail space available. Fallowing discussion, Councilmember Garofalo withdrew his motion. (City Council) Approved as Amended to Direct Staff to Report to Council within Six Months the Status of the Simple Green Demonstration Project and Report Re: the Feasibility of the Conversion of Contaminated Land to Productive Use (120.90) The City Council considered a communication from Councilmember Dave Garofalo submitting the following Statement of Issue: Simple Green Demonstration Project, Goldenwest Street and Garfield Avenue. Congressman Rohrabacher was able to secure $1 million grant to test new aqueous/ bio-remediation process at this site. If successful, this proposed significantly lower cost and time saving technology could allow us to convert some city property into productive land use sites and also assist in the conversion of similarly contaminated local privately held property on to more productive property tax rolls. A motion was made by Garofalo, second Boardman to approve as amended to direct staff to report back to Council within six months the status of Simple Green Demonstration Project. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) No Action Taken Re: Report Requested on Outdoor Dining with Alcohol (120.90) The City Council considered a communication from Councilmember Dave Garofalo submitting the following Statement of Issue: Outdoor dining with alcohol has been on the table for almost two years. (23) March 19, 2001 Council/Agency Minutes - Page 23 A motion was made by Garofalo to direct staff to return and brief Council on the status, implementation plan and time tables. Upon City Administrator Silver's request, Planning Director Zelefsky reported that staff is currently working on a half a dozen requests for outdoor dining, but that at this time the applicants have not satisfied the filing requirements, including the installation of railing and payment of the $4.00 per square foot fee. No action was taken on this agenda item. (City Council) Motion Failed for Lack of a Second to Establish a Procedure for Introduction of New Police Officers (530.10) The City Council considered a communication from Councilmember Dave Garofalo submitting the following Statement of Issue: As we are reminded often, recruitment has and will be an issue in the Police Department for some time to come. I am amazed, on a regular basis, however, how many new officers we have. I recommend a procedure to present new Police Officers, a brief one or two sentence introduction after public comments. I strongly believe that presenting new Police Officers to community and us is exceptional good public relations. Mayor Pro Tern Cook expressed her concern with singling out any particular employee group for this type of distinction. Several Councilmembers concurred. A motion was made by Garofalo to request the Police Chief or his designee to bring to Council new Police Officers to introduce to the community and Council, perhaps once a month or at his discretion. The motion failed for a lack of a second. Councilmember Dettloff suggested a Mayor -Council delegation to meet with newly hired police officers. Mayor Pro Tern Cook offered to accompany the delegate. No vote was taken on this proposal. (City Council) No Motion Required — Council Concurred with All Efforts for the Use of Energy Conservation Technologies (580.50) The City Council considered a communication from Councilmember Dave Garofalo submitting the following Statement of Issue: Energy conservation starts at home. I had the business opportunity to represent state of the art technology 25 years representing the Union Carbide Corporation in their new Photovoltaic technology. We've come a long way in twenty-five years. Yes, we are overwhelmed with issues. However, prioritizing some of them into income producing, cost reduction, public health and safety, etc., categories are important. Councilmember Garofalo's recommendation in his agenda item states that "At a minimum, utilize traffic signal operation technology. Lift stations could unusually benefit from power storage batteries and be available for crisis situations, etc." City Administrator Silver responded that Councilmember Garofalo's points are well taken. He informed Council that Mayor Pro Tem Cook brought forward similar concerns following a tour of fuel cell facilities at the University of California in Irvine (UCI). Public Works Director Robert F. Beardsley informed Council of the benefits the city is experiencing with the use of LED (light -emitting diode) traffic signals that operate on low voltage. (24) March 19, 2001 Council/Agency Minutes - Page 24 Councilmember Bauer agreed that this is a good start and reported on a series of vendors who may be able to provide further power -saving recommendations. Councilmember Bauer .. mentioned the possibility of requesting a subsidy from the state. City Administrator Silver mentioned the partnership the city has with UCI. Mr. Silver stated that Southern California Edison indicated that some grants may be available. Mayor Pro Tern Cook added that as part of the tour of UCI with Building and Safety Director Ross Cranmer, they visited the Hyatt Hotel on Jamboree Road, which is utilizing a fuel cell that she noted as "cutting -edge." No motion was required, as Council concurred with all efforts to utilize technology. (City Council) Approved Councilmember Boardman's Request for the Intergovernmental Committee to (1) Examine Senate Bill 691 Re: Award of Attorney's Fees to Prevailing Party in Actions with Respect to Mobile Home Ordinances and (2) Return with a Recommendation to Council in Support of SB 691 (640.90) The City Council considered a communication from Councilmember Connie Boardman submitting the following Statement of Issue: Senate Bill 691 introduced by Senator Bruce McPherson would require a court to award reasonable attorney's fees to the prevailing party in actions brought with respect to an ordinance or other law regarding mobile homes, manufactured homes, mobile home parks, or manufactured housing communities. Under current law cities and/or counties can not recover legal expenses when defending their mobile home ordinances even if they are the prevailing party. This bill would make it possible for cities to do so. Councilmember Boardman informed Council that what SB 691 is intended to do is to adopt a reasonable ordinance defendable against frivolous lawsuits brought to the city by owners of mobile home parks and manufactured housing communities. Councilmember Boardman stated that she has enclosed a copy of the bill with her agenda item. A motion was made by Boardman, second Garofalo to refer Senate Bill 691 to the Intergovernmental Committee for review at the committee's next meeting, and request that the Intergovernmental Committee return to Council with a recommendation regarding support of the bill. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Received Invitation to- City Event -A Taste of Huntington Beach to be Held March 25, 2001 (120.70) Councilmember Garofalo commended Mayor Julien Houchen for an excellent job promoting the upcoming event, "A Taste of Huntington Beach" to be held Sunday, March 25, 2001 at the Waterfront Hilton. Councilmember Garofalo invited everyone to attend, and stated that the proceeds will benefit the Children's Library. (25) March 19, 2001 Council/Agency Minutes - Page 25 Adjournment — City Council/Redevelopment Agency Mayor Julien Houchen adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:00 p.m. to Monday, March 26,2001, at 4:30 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. F.",' City Clerk and ex-officio Clery(of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: 4W4� City Clerk -Clerk ayor-Chairman (26) March 19, 2001 Council/Agency Minutes - Page 26 Appendix A Findings and Conditions of Approval Entitlement Plan Amendment No. 00-11 Findings For Projects Exempt From CEQA: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines which exempts minor alterations and additions to existing structures. Findings for Approval - Entitlement Plan Amendment No. 00-11: Entitlement Plan Amendment No. 00-11 for the modification to the fagade, use of the 2,530 sq. ft. roof deck for dining purposes, establishment of live entertainment at a previously approved restaurant, and approval of a parking in lieu fee participation agreement, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Based upon the conditions imposed, the project will not adversely impact the adjacent commercial and residential uses. The proposed modification will improve the building's appearance from Main Street and the alley. 2. The roof deck and live entertainment uses will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. In addition, any specific condition required for the proposed use in the district in which it would be located. The live entertainment and restaurant uses will comply with all aspects of the Downtown Specific Plan, as well as conditions of approval specified on the conditional use permit and entertainment permit. 3. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Policy LU 10.1.4; Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy LU 11.1.7. Require that mixed -use development projects be designed to achieve a consistent and high quality character, including the consideration of architectural treatment of building elevations to convey the visual character of multiple building volumes and individual storefronts. Policy LU 15.2.2: Require that structures located in the pedestrian overlay zone be sited and designed to enhance pedestrian activity along the sidewalks, in consideration of the following guidelines: 1) Assurance that areas between building storefronts and public sidewalks are visually and physically accessible to pedestrians, except as may be required for landscape and security; (27) March 19, 2001 Council/Agency Minutes - Page 27 2) Incorporation of landscape and other elements such as planter beds, planters, and window boxes that visually distinguish the site and structure; 3) Incorporation of arcades, courtyards, and other recesses along the street elevation to provide visual relief and interest; 4) Use of roofline and height variation to break up the massing and provide visual interest; and 5) Distinct treatment of building entrances. The modified elevations incorporate a varied roofline, facade articulation with a recessed entry, decorative architectural details/elements, and bi-fold glass doors. The project provides visual interest, achieves a high level of architectural and site layout quality, and will enhance the restaurant experience in the downtown. Conditions Of Approval — Entitlement Plan Amendment No. 00-11: 1. The site plan, floor plans, and elevations received and dated December 14, 2000 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict the design, colors, and building materials approved by the Design Review Board on December 14, 2000 including the following: 1) The lower exterior corners of the glass windscreen shall be redesigned with 90 degree corners. 2) The facade returns on the south and north building elevations which abut the adjacent buildings shall be designed and treated with the same colors and materials as the front building elevation. b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) c. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) d. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. (28) March 19, 2001 Council/Agency Minutes - Page 28 e. The maximum separation between building wall and property line shall not exceed two (2) inches. f. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. The property owner shall submit an In -Lieu Parking Fee Participation Agreement to the Planning Department. The agreement shall be reviewed and approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the Orange County Recorder. (City Council Resolution Nos. 6720 and 6721) 3. Prior to final building permit inspection and approval and issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) A Fire Protection Plan in compliance with City Specification No. 426 shall be submitted for Fire Department approval. (FD) 2) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 3) Elevators shall be sized to accommodate an ambulance gurney. The minimum dimensions are 6'-8" wide by 4'-Y deep with a 42" wide (min.) right or left side opening. Center opening doors require a 54" depth. (FD) . 4) Address numbers will be installed to comply with City Specification No. 428. (FD) 5) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) 6) The proposed fire pit shall comply with HBFD Fire Code Section 1102.4.2 for recreational fire in a barbecue pit; Section 1102.5.2.1 for construction and Section 1102.5.2.2 to not be located within 10 feet of combustible walls, roofs, or other combustible material. (FD) b. f — Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. (29) March 19, 2001 Council/Agency Minutes - Page 29 d. A copy of the recorded In -Lieu Parking Fee Participation Agreement and proof of.full payment or first installment payment to the City Treasurer shall be submitted to the Planning Department, (Code Requirement) 4. The use shall comply with the following: a. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. b. Roof deck hours of operation shall be limited to 9:00 AM to 12:00 Midnight. c. Food service shall be required with all alcohol sales on the roof deck. d. No patron dancing shall be permitted. e. Trash dumping shall be restricted between 10:00 PM and 7:00 AM. f. All servers of alcoholic beverages shall undergo LEAD training per ABC, or RBS training through CSP. Business owners shall submit proof of compliance on a quarterly basis for employees hired within the previous three months. Proof of compliance shall be provided to the Planning Department. g. All conditions of the Entertainment Permit as approved by the Police Department. h. No amplified table announcements shall be permitted. Low volume recorded background music is acceptable within the roof top outdoor dining area provided it is not audible from any residence, nor is it audible beyond 20 feet from the outdoor dining area. 5. All applicable conditions of Conditional Use Permit No. 99-21 and Coastal Development Permit No. 99-12 shall be complied with. 6. A review of the use shall be conducted by staff within six (6) months from commencement of live entertainment activities to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. A copy of the report is to be provided to the Planning Commission. 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. (30) March 19, 2001 Council/Agency Minutes - Page 30 Information on Specific Code Requirements: 1. Entitlement Plan Amendment No. 00-11 shall not become effective until the ten calendar day appeal period has elapsed. 2. Entitlement Plan Amendment No. 00-11 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 00-11, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable Public Works fees shall be paid. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 8. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 9. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 10. State -mandated school impact fees shall be paid prior to issuance of building permits. 11. Prior to issuance of Building Permits for new construction in the Downtown Specific Plan (SP-5) area, a Downtown Specific Plan fee shall be paid. 12. An encroachment permit shall be required for all work within the right-of-way. (PW) 13. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building.