Loading...
HomeMy WebLinkAbout1996-10-07MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Huntington Beach, California Monday, October 7, 1996 An audio tape recording of the 5:00 p.m. portion of this meeting and a video tape recording of the 7:00 p.m. portion of this meeting is on file in the Office of the City Clerk. Call To Order Mayor Sullivan 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: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, (Garofalo arrived at 5:20 p.m.) Absent: None City Council/Redevelopment Agency) Study Session - Huntington Beach Center Mall - Report By Terranomics Consulting Firm (460.30) Economic Development Director Biggs distributed a report titled Huntington Beach Mall - Huntington Beach, California submitted by Metrovation, a Terranomics affiliate, dated August 26, 1996. The Economic Development Director reported on the purpose of the meeting which included a presentation from representatives of Terranomics Consultants and representatives of the Huntington Mall. Mark Seiler, representative of Terranomics, presented a slide report. The slide subjects included: Current Situation at Huntington Center Mall, Opportunities, Potential Uses and Site Evaluation. He referred to schematics which were included in the report that had been distributed at the beginning of the meeting. Mayor Pro Tempore Bauer stated that it was the City Council's concern that a theatre complex be planned as part of an overall strategy. Councilman Garofalo arrived at the meeting. 538 Page 2 - Council/Agency Minutes- 10/07/96 Mayor Pro Tempore Bauer spoke regarding the need to make the mall visually inviting to people coming into the city who are not necessarily from Huntington Beach. He stated the need to determine the buying preferences of the next generation. Councilman Harman asked if consideration had been given to having an outdoor food court to link the old Broadway store and the new Barnes and Noble bookstore. Discussion was held between Councilman Harman and Mr. Seiler, including the possibility of having a public market. Discussion was held between Mr. Seiler and Councilwoman Dettloff regarding the feasibility of small businesses vs. more regional businesses in the mall. Mayor Sullivan questioned if there was any evaluation regarding the three plans presented as it relates to sales tax: (1) mall, intact as it is currently; (2) scrapping the site; (3) revising the site. Mr. Seiler informed Council that they were looking at it from a lifestyle impact, not an economic impact. Discussion was held regarding the feasibility of having office space at the site. Councilman Garofalo presented questions, including the question of how much time had been spent by the consultants with the property owners. David Jones, representing La Salle property owner, spoke regarding their efforts to see the shopping mall as a whole use and not separate parts. He reported on costs involved due to peat conditions. Mr. Jones spoke regarding the success of "The Spectrum" and how it evolved. He stated that by working jointly with city staff, an even better plan can be developed. Mr. Jones stated that the type of tenants they wish to attract will require direct access to parking. Jim Rabe, representing Kosmot, presented a slide report titled Huntington Beach Mall - Change in Public Revenues and Huntington Beach Mall assessed valuation estimates, including estimated assessed valuation after appeals by Huntington Center. Mr. Rabe reported on the existing mall configuration, reconfigured mall, and incremental revenues to the city. Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency to consider the following closed session items: Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City v. McDonnell Douglas Corporation - U. S. District Court Case No. SACV 94 29 LHM (RWRx). (120.80) 539 10/07/96 - City Council/Redevelopment Agency Minutes - Page 3 Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiator, Michael T. Uberuaga, regarding negotiations with Koll Real Estate Group concerning the purchase/sale/exchange/lease of the property located at Bolsa Chica area between Seapoint Drive and Warner Avenue and Pacific Coast Highway. Instruction will concern price and terms of payment. Subject: Acquisition of Reservoir and Fire Station Site in Bolsa Chica area. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City v. TLC, a Partnership, et al. - Orange County Municipal Court Case No. 227420. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiators, Michael Uberuaga and Ron Hagan, regarding negotiations with H.B.P.O.A. concerning the lease of the property located at 18221 Gothard. Instruction will concern price and terms of payment. Subject: H.B.P.O.A. Lease of Gun Range. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Mills Land and Water Company v. City of Huntington Beach - Orange County Superior Court Case No. 76 36 24. (120.80) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:15 p.m. City Council/Redevelopment Agency Roll Call Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Absent: None Pledge Of Allegiance The Pledge of Allegiance was led by Councilman Leipzig. Invocation Bruce Templeton, Pastor, First Christian Church, gave the invocation. Presentation And Recognition - By Mayor Dave Sullivan to Joy Fawcett, U. S. Olympian, in recognition of her accomplishments in the sport of soccer and as a member of the 1996 Summer Olympics, helping the U. S. team win the Gold Medal. (160.40) 540 Page 4 - Council/Agency Minutes- 10/07/96 Presentation To Council - Representatives of the Orange County Register presented plaques to the city for winning awards in the Best of Orange County annual publication voted on by Register subscribers. The winning categories were: Best Surfing Beach, Best Place to Ride a Bike, Best Place to In -Line Skate. Orange County Register representative Jon Wisdon, Rick Barry, and Linda Nelson made the presentation to the Mayor and City Council. Presentation To Council - By Sponsors of the 1996 D.A.R.E. Dash for the P.R.I.D.E. Foundation. Representatives attending from the sponsors of the D.A.R.E. Dash were Home Savings of America, Rainbow Disposal, ASICS, Time Warner Communications, Albertson's, and FANS (Friends and Neighbors of Seacliff, Inc.). Mayor Sullivan and Police Chief Ron Lowenberg accepted the presentation. Slide Report - International Surfing Association Biennial Games Mayor Sullivan presented a slide report on the International Surfing Association Biennial Games event held in the city this past weekend. He stated the association is trying to qualify surfing as an Olympic event. Voter Pamphlet Correction To Be Made By County Registrar Of Voters Councilman Garofalo announced he had been informed that there was a problem with some of the voters' pamphlets mailed by the Orange County Registrar. He asked City Clerk Connie Brockway to give a report on this matter. The City Clerk reported that some voters' pamphlets were mailed that contained City of Anaheim candidate statements. She informed Council that the Registrar estimated that possibly only 1,000 pamphlets were affected out of 112,000 mailed; however, because there was a possibility that 10,000 were affected, the Registrar of Voters will be sending out 10,000 new pamphlets on Friday to correct the problem. Late Communications Announced By The City Clerk Pursuant To The Brown Act Pursuant to the Brown Act, the City Clerk announced the following late communications regarding an agenda item which had been received following the distribution of the agenda: Slide report submitted by the Economic Development Director titled Huntington Beach Mall Change In Public Revenues Report submitted by the Economic Development Director titled Huntington Beach Mall - Huntington Beach, CA prepared by Metrovation, a Terranomics affiliate, dated August 26, 1996 Correction to Agenda Page 10, Item E-23: Year End Budget Transfer From The General Fund Reserve to Self -Insurance Fund - The amount $41,000 should be $410,000. Closed Session Items on Gun Range: 541 10/07/96 - City Council/Redevelopment Agency Minutes - Page 5 Communication dated October 4, 1996 from the National Rifle Association Members' Council of Huntington Beach regarding the Gun Range Report, prepared by staff and dated October 21, 1996 Communication dated October 3, 1996 from the National Rifle Association Members' Council of Huntington Beach representative, Gun Range Committee Chairman, regarding the Gun Range Report and transmitting a communication from same dated September 9, 1996 regarding Gun Range Report, prepared by staff and dated September 4, 1996 Communication dated October 2, 1996 from Terry Graham and John Hill regarding the Gun Range Report Communication dated October 7, 1996 from Craig Houser, Houser Brothers Company, Rancho Del Rey Mobile Home Estates, regarding direction relatvie to the Water Meter Fees charged by mobile home park owners and ordinances that affect the mobile home community Request for Council Action dated October 7, 1996 from the City Administrator and the Economic Development Director regarding the Grant Agreement with the Huntington Beach Conference and Visitors Bureau, Incorporated (HBCVB) Request for Council Action dated October 7, 1996 from the City Attorney regarding the contract with Arthur Andersen to review transfer of the Solid Waste Franchise Request for Council Action dated October 7, 1996 from Director of Finance Dan T. Villella regarding the Solid Waste Franchise Memorandum dated October 7, 1996 from the Community Development Director transmitting the following three communications: 1. A revised Page No. 2 of the Request for Council Action dated October 7, 1996 from the Community Development Department 2. A communication dated September 27, 1996 from William Holman, representative of PLC Land Company, regarding the New Library Development Fee 3. The slide presentation regarding the Holly Seacliff Pending Sale of Properties in Peninsula II Communication dated October 4, 1996 from the Economic Development Director regarding redraft of introduction to the Response to Comments --Redevelopment Plan Amendment Environmental Impact Report (EIR) Communication dated October 3, 1996 from Councilman Garofalo regarding resignation of John Tillotson and appointment of Tammie Bechstead to the Fourth of July Board Communication from Councilman Garofalo dated October 3, 1996 regarding the city budget process 542 Page 6 - Council/Agency Minutes- 10/07/96 Public Comments Chuck Beauregard, Chairman of Save Our Kids, urged support for the November 5, 1996 General Municipal Election Ballot Measures J, K, and L. He informed Council that the measures had school district and Chamber of Commerce support. Bill Holman, PLC Land Company representative, addressed Council regarding the agenda item regarding the request of PLC Land Company for City Council consent to their pending sale of residential projects in the Holly-Seacliff area. He stated that his company disagreed with the imposition of the new library fee on the projects, but, in the interest of moving ahead with the project, they will agree. Ron Metzler, Shea Homes representative, and Rick Hauer, Polygon Communities, Inc. representative, stated their support for the agenda item on the request of PLC for City Council consent to pending sale of residential projects - Holly-Seacliff area. John Jessup, representing Lennar Homes of California, spoke regarding their proposed development and their intent to make it a good development. Lennar Homes is going to build 126 homes. Jim Hicks informed Council of his support for the proposed ordinances scheduled on the agenda relative to oversized vehicles; however, he requested that certain additional wording be included. Mark Porter, representing Huntington Beach Tomorrow, stated that, contrary to what some people say, Huntington Beach is a good place to do business as evidenced by the award to the city announced earlier. He spoke regarding the revamped Anaheim Plaza as it relates to Huntington Center. He stated Anaheim Plaza has no cinemas, that it was scraped clean and rebuilt, and it has all retail. He referred to a shopping center in the South Bay area that relates to Huntington Center and Edinger Avenue which could help our city's planning. Dean Albright addressed Council regarding the police gun range. He spoke regarding the types of firearms used at the range which he believes could account for the stray bullet occurrence. Ron Davis presented his viewpoint on the vision of Council as it pertains to economic development. He informed Council he was a member of the Bolsa Chica Land Trust; however, he believes the Bolsa Chica has taken too much precedence over other issues. Mr. Davis stated he was pleased to hear about development of Huntington Center but questioned what is Council's vision for the downtown area and for the Springdale Center. He requested that Council look at other cities for comparison purposes to determine what Council wants for the downtown area. Councilman Leipzig informed Mr. Davis of the new Downtown Specific Plan approved by Council approximately two years ago as well as the new Economic Development Element in the new General Plan and various economic studies and analyses done, including the attention given to Huntington Center. Councilman Garofalo commented on Mr. Davis' comments on attracting business to the city. He stated his agreement with Mr. Davis' comments on the Bolsa Chica. Councilman Garofalo spoke regarding Mr. Porter's statements during public comments stating that he would like to attract the businesses to the city that Mr. Porter believes are inappropriate at the Anaheim Plaza. Mr. Davis spoke further regarding the Huntington Center problem and the need to get businesses downtown that will attract visitors. 543 10/07/96 - City Council/Redevelopment Agency Minutes - Page 7 Brad Bland, Sandy Minguia, and Kelly McCoy, Huntington Beach Youth Shelter representatives, thanked all the Huntington Beach city employees who donated food to the shelter. Jim Xanthakis, Friends and Neighbors of Seacliff representative, invited all present to FANS (Friends and Neighbors of Seacliff) upcoming fund-raiser to construct a bandstand at Huntington Central Park. Ed Duel, Police Officer, addressed Council regarding the need for economic development in the city. He stated that while he supports the efforts in opposition to development of the Bolsa Chica area, he believes too much has been spent on it. He stated that he believes the budget reductions in the Police and Fire Departments would have detrimental effects. Tom Donnelly, Police Officer, informed Council that he believes the statement made by Councilman Harman at the last meeting regarding the Police Department receiving an additional $1,000,000 in the budget should be reported in the context that it was to make up for projects that were not funded or underfunded last year. He stated that positions in the department had been deleted. John Mair, Police Officer, stated that he had been a police officer in another city and had come to the City of Huntington Beach due to the reputation of the Huntington Beach Police Department. He stated that he now believes the police department is in decline due to the actions of the City Council. He stated that he believed very little support had been given to the Police, Fire, or Marine Safety services. Mr. Mair stated that he is taking his training and experience to another city police department at which he has accepted a position. He requested that the voters not reelect the Councilmembers. Eddie Gutierrez, Police Officer, stated that he has seen the police department take a downward turn due to some Councilmembers. He stated that he does not believe there is economic development in the near future. Mr. Gutierrez stated that he believes the police department is placed on the back burners and that veteran officers are seeking positions elsewhere. Richard Wright, Police Officer, addressed Council in support of the Agenda Consent Calendar Item regarding the Side Letter of Agreement between the City and the Huntington Beach Police Officers' Association. Kellie Martin, Huntington Beach Public Safety First representative, stated that although she would like to, she does not always shop in the city as there are not the types of stores she wants to frequent. She spoke regarding the police officers who are leaving for positions in other cities and the cuts in the Police Department budget. Tom Ellick, Huntington Beach Public Safety First Chairman, spoke regarding a flyer which had been distributed by someone which made slurs against Councilmen Green and Garofalo, Council candidates and police officers. He requested that Council repudiate these types of flyers. Leslie Edwards questioned why management positions are not being cut in the budget. She requested that the Council be more like the city's sister city in Japan and cut management. She stated that Councilmembers Harman, Leipzig, and Sullivan are not supporters of the police as claimed and spoke regarding her other criticisms of these Councilmembers. 544 Page 8 - Council/Agency Minutes- 10/07/96 Tiana Tom, Trinidad Island Homeowner's Association, submitted a petition for Council review requesting remedy of their street and walkway problem which had been brought to Council's attention earlier. She spoke regarding the response she had received from the Public Works Department as to why the streets had not been repaired. Mike Courtway, President of Trinidad Island Homeowner's Association, stated the need for street repairs in their neighborhood and the need to put these items in the budget. At the request of Councilman Garofalo, the Public Works Director reported on the street maintenance program and how it works. Councilman Garofalo requested that particularly the sidewalk area be looked at for possible liability. Anne White, Trinidad Island homeowner, spoke regarding the amount of money that is spent by their homeowners' association to maintain the public park and tree trimming. She spoke regarding the possible liability to the city due to negligence. Ms. White stated that the neighborhood could not wait and that the Council has a responsibility to see that it is done. Conrad Platt, Trinidad Island homeowner, spoke regarding the deterioration of the streets and the lowered value of his property and tax base. He spoke regarding how he would apply preventative maintenance. He stated that Council's help was needed. Bonnie Cayer, Trinidad Island homeowner, informed Council that for the past 18 years there have been no major street repairs in her neighborhood and that she was disappointed that they were scheduled for a seven-year plan. She stated their streets were a hazard and requested Council's consideration. Jean Abel, Village Townhomes representative, stated she had a petition to Council containing 334 signatures requesting street repairs in their area. She stated that their streets are deteriorating rapidly and causing bodily injury. She spoke regarding her contact with the city and stated that the city proposal was not acceptable. Ms. Abel presented photographs to Council . She stated that the streets that are newer in the city are repaired. Ms. Abel requested that Council take whatever action is necessary to abate the hazardous conditions the residents of Village Townhomes must endure. She stated that the city allowed the complex to be built in such a manner that it is necessary to walk on the streets to get to the carports which at this time is placing the older citizens and children alike at risk. Donna West, Village Townhomes representative, spoke regarding the sinkhole in the street which had caused someone to trip. She spoke regarding the liability to the city and the need for the city to repair the streets. Ms. West requested any help that Council can give to help the residents to have a higher standard for their street area and higher safety standards. Walter Litman, Village Townhomes representative, described the condition of the streets. He stated that repairs had commenced, then stopped. He requested that Council send someone out to finish the job. Frieda Ward, Village Townhomes representative, stated that only once, 20 years ago, were the streets repaired in her neighborhood. Diane Salas, Village Townhomes representative, informed Council of her disappointment that the street repairs were not completed due to the need for the safety of children and others. 545 10/07/96 - City Council/Redevelopment Agency Minutes - Page 9 Jeanie Poulson, Village Townhomes representative, informed Council that her concern was for the safety of her children being able to walk across the street with her and not fall due to potholes. She stated that people have fallen. Mrs. Poulson stated that she had received a letter in 1992 informing her that her street was on a priority list. She stated that everyone else in the area had their streets repaired. Joy Paulson stated she wished to echo the statement of earlier speakers on the street repair subject, including those speakers residing on Trinidad Island. She stated there are young children in their neighborhood, and she gave examples of problems, including her nephew tripping in the street when she was taking him across to the park and strollers getting caught in the grooves of the street. Ms. Paulson requested the Council to come out and see what the residents are dealing with on a daily basis. Thom Baker, Village Townhomes homeowner, informed Council that his wife had tripped walking across the street with her nephew. He stated that he believed if it were a downtown street, something would happen to effect repair. Mr. Baker stated his support for the Police Department and requested that more be done for them. In response to Councilman Harman, Mr. Baker stated that the location referred to for need of repair was Adams Avenue between Brookhurst and Bushard Streets. Councilman Garofalo stated that he would meet with Mr. Baker next week regarding this issue. Mayor Sullivan stated he wished to respond to some of the public comments. He spoke regarding economic development in the city. He stated that the number of sworn police officers was 229, a loss of five officers, not 40 officers. The City Administrator spoke regarding information which had been given on the Police Department budget which had been a bit confusing due to the complex issue. He reported on a memorandum from his office clarifying the issue and stated that the memorandum giving a six -year history of the Police Department's positions is available to the public. The Mayor questioned the representatives of the Community Development Department, the Community Services Department, and the Public Works Department as to whether their budgets had been reduced. The department representatives each replied that their department budgets had been reduced. Councilman Leipzig stated that all departments had received budget cuts. He stated that he certainly repudiates the type of flyer objected to by a speaker under public comments. The Mayor stated that all the members of the Council object to such material. Councilman Harman stated that he has a personal high priority for public safety, including police, fire, marine safety, and public works. He stated that it is his number one priority. He'stated that. most of the speakers were members of the police union whom the Council is at odds with over the salary issue.. He stated that 40 police officers had not been cut from the Police Department budget. He urged that people take the comments regarding the layoffs and budget with a grain of salt. Councilman Garofalo commented on Mr. Holman's statements earlier during public comments regarding the Holly-Seacliff Development Agreement area whereby.Mr. Holman's company was agreeing to the fee condition so that the project could move forward. Councilman Leipzig welcomed Lennar Homes of California, Inc., Taylor Woodrow Homes of California, Ltd., and Shea Vickers Residential, L.L.C., as members of the building community. 546 Page 10 - Council/Agency Minutes- 10/07/96 Recess -Reconvene The Mayor called a recess of the City Council and the Redevelopment Agency at 9:20 p.m. The Mayor reconvened the meeting at 9:30 p.m. (City Council/Redevelopment Agency. Council Committee/Council Liaison Reports - Report From City Council Legislative Committee - Councilman Harman - Regarding Senate Bill 2069 - Which Would Remove Local Mitigation Control Of Gun Range Facilities (600.10) The City Council considered a communication sent to the Office of the Governor from Mayor Dave Sullivan dated September 19, 1996 regarding Senate Bill 2069. Also presented was a communication dated September 29, 1996 from Governor Pete Wilson regarding Senate Bill No. 2069 without his signature. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council: Communication dated October 4, 1996 from the National Rifle Association Members' Council of Huntington Beach regarding the Gun Range Report, prepared by staff and dated October 21, 1996 Communication dated October 3, 1996 from the National Rifle Association Members' Council of Huntington Beach representative, Gun Range Committee Chairman, regarding the Gun Range Report and transmitting a communication from same dated September 9, 1996, Subject: Gun Range Report Prepared By Staff and Dated September 4, 1996 Communication dated October 2, 1996 from Terry Graham and John Hill regarding the Gun Range Report Councilman Harman presented a report on this subject from the City Council Legislative Committee transmitting Governor Wilson's letter to the Senate dated September 29, 1996 returning Senate Bill No. 2069 without his signature. (On September 19, 1996, the Mayor, with unanimous support of the City Council Legislative Committee, forwarded a letter to the Governor requesting his veto of SB 2069 which would take away local mitigation control of gun range). Councilman Harman reported that the Governor did not sign the legislation. (City Council) City Administrator's Report Report To Be Presented On Budget And Procedure For Street Repairs - Study Session Possibly To Be Held The City Administrator stated that he would return with a report regarding the street repair budget and the process for street repairs. He stated that perhaps a study session should be held on the issue. The City Administrator stated that he believes this will be a frequent occurrence in the coming three to four years because the city has a significant infrastructure problem. He stated that the residents have real problems but that there is not enough money available to do all of them on the kind of schedule the city would like. 547 10/07/96 - City Council/Redevelopment Agency Minutes - Page 11 Meeting With City Administrator Regarding Police Department Budget Issues The City Administrator stated that he would be glad to meet with the people who have spoken regarding the Police Department budget so that that all people will have the same facts. City Administrator's City Budget Statement - Increase In Sales Tax Revenue The City Administrator reviewed his City Budget Statement (Page No. 35) showing the revenue losses to the state which explains the primary reason for the city's budget problem. He stated he would be glad to meet with people at any time to review the factual information so they will know what the city is facing and what the choices are. The City Administrator proceeded to inform Council of the increase in sales tax revenues. He displayed a chart showing the years from 1986- 1996. He stated that staff is trying to determine the cause of the increase. He stated that a fair portion of the increase may be attributable to an increase in auto sales. Mayor Pro Tempore Bauer stated that the unemployment rate in Huntington Beach is much less than in other areas and the reasons for the sales tax increase may be that there is more disposable income. (City Council) Public Hearing - Zoning Map Amendment - Zone Change No. 96-2 - Approved - Negative Declaration No. 96-3 - McDonald's Restaurant - n/w Corner Warner Avenue And Airport Circle - Approved - Introduction Of Ordinance No. 3338 - Approved (450.20) The Mayor announced that this was the meeting set for a public hearing to consider Zoning Map Amendment No. 96-2 and Negative Declaration No. 96-3 regarding McDonald's Restaurant. Applicant: Xavier Orozco, Orozco-Keller and Associates Property Owner: Dr. Enrique Chang Request: Zoning Map Amendment (Zone Change) from CO (Office Commercial) to CG (General Commercial) on a 37,500 square foot parcel in order to construct a McDonald's Restaurant with a drive -through lane. Location: 5095 Warner Avenue (northwest corner of Warner Avenue and Airport Circle) The Community Development Director presented a staff report using slides. In response to Councilman Leipzig, the Community Development Director reported that the property owners of vacant property were notified. The Mayor declared the public hearing open. There being no one further to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Page 12 - Council/Agency Minutes- 10/07/96 A motion was made by Garofalo, second Green, to approve Negative Declaration No. 96-3 - Attachment No. 5 to the Request for Council Action dated October 7, 1996, approve Zoning Map Amendment No. 96-2 with Findings as set forth on Attachment No. 1 to the Request for Council Action dated October 7, 1996 as listed below, and approve introduction of Ordinance No. 3338, after reading by title, - "An Ordinance Of The City Of Huntington Beach Amending The Huntington Beach Zoning And Subdivision Ordinance By Amending District Map No. 24 (Sectional District Map 21-5-11) To Rezone The Real Property Generally Located At The Northwest Corner Of Warner Avenue And Airport Circle From CO (Office Commercial) To CG (General Commercial) (Zoning Map Amendment No. 96-2). " The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None Findinos For Zoning Map Amendment (Zoning Change) No. 96-2 The proposed zoning map amendment from CO (Office Commercial) to CG (General Commercial) is consistent with the objectives, policies, general land uses and programs specified in the General Plan because it provides for a compatible land use that can be provided with appropriate levels of service. The zoning map amendment is consistent with the following goals: • LUI - Achieve development that maintains or improves the cty's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. • LU7 - Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. • LU10 - Achieve the development of a range of commercial uses. 2. A community need is demonstrated for the proposed zone change because it will allow for more commercial opportunities to service existing and proposed residential uses in the vicinity. 3. Its adoption will be in conformity with public convenience, general welfare, and good zoning practice because the site is presently designated as General Commercial on the General Plan, and the proposed change will not affect the amount of commercial square footage that would otherwise be allowed on the site under the present zone. The property to the east and west is zoned for commercial uses. (City Council) Public Hearing - Resolution No. 96-89 - Adopted - Orders Partial Street Vacation Of Easement For Public Street Purposes Over A Portion Of Constantine Drive e/o Beach Boulevard Tract No. 14177 - Lot No. 1 (800.50) The Mayor announced that this was the meeting set for a public hearing to consider the vacation of a portion of the south side of Constantine Drive, east of Beach Boulevard. Said vacation is requested by Polygon Communities, Incorporated, the developer of 8166 Constantine Drive to provide an additional 1,320 square feet of site area for landscaping in front of the perimeter wall. The Public Works Director presented a staff report. 549 10/07/96 - City Council/Redevelopment Agency Minutes - Page 13 The Mayor declared the public hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Leipzig, second Garofalo, to adopt Resolution No. 96-89 - `A Resolution Of The City Council Of The City Of Huntington Beach Ordering The Vacation Of An Easement For Public Street Purposes Over A Portion Of Constantine Drive East Of Beach Boulevard. " The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Request By PLC Land Company For City Council Consent To Pending Sale Of Residential Projects - Holly-Seacliff Development Agreement Area - Peninsula II - Approved As Amended By The City Council Legal Affairs Committee (600.10) The City Council considered a communication from the Community Development Department of a request by PLC Land Company for the,City Council to provide consent to the pending sale of four residential projects in the Holly-Seacliff Development Agreement area to four buyers. Section 4.2 of the Holly-Seacliff Development Agreement requires the city to provide consent to the sale of the properties covered by the Development Agreement if the sale is to a party not affiliated with the developer and if all public improvements have not been completed. The City Clerk, earlier in the meeting, had announced the following communications: Memorandum dated October 7, 1996 from the Community Development Director transmitting the following three communications: 1. A revised Page No. 2 of the Request for Council Action dated October 7, 1996 from the Community Development Department 2. A communication dated September 27, 1996 from William Holman, representative of PLC Land Company, regarding the New Library Development Fee 3. The slide presentation regarding the Holly Seacliff Pending Sale of Properties in Peninsula II The Community Development Director reported on her department's memorandum dated October 7, 1996. She also reported on the communication she had transmitted from William Holman, Planning and Government Relations, PLC Land Company, stating opposition to the staff's interpretation that the proposed ordinance applies to the tracts being purchased from PLC. 550 Page 14 - Council/Agency Minutes- 10/07/96 The Community Development Director confirmed that PLC was not in agreement with staff but that PLC had agreed to the payment. She reviewed the history of the Development Agreement as it pertains to the issue before the Council. She reviewed the requirements of the three proposed developers relative to infrastructure obligations, public facilities obligations, and affordable housing obligations. Default proceedings were explained by the Community Development Director and the City Attorney at the request of the Mayor. The Community Development Director reviewed the Affordable Housing obligations. The Community Development Director and the Planning Director responded to the Mayor's concern regarding implementation of the Affordable Housing Plan. The Community Development Director reported that the City Attorney's Office should be consulted in this regard. In response to Councilwoman Dettloff, the Community Development Director reported on negotiations by PLC Land Company with their buyers regarding completing infrastructure improvements. Mayor Pro Tempore Bauer stated that he would like, if legally appropriate, to have a copy of the Development Agreement made available to all home buyers so they will see the Council interpretation of the Development Agreement. City Engineer Eichblatt responded to the issue of phasing street improvements brought up by Councilman Harman. City Engineer Eichblatt stated that the report sent to Council previously would again be provided for their information. He commented on the provision of the Development Agreement in this regard. The Police Chief responded to Councilman Harman regarding the public safety service center planned to be shared by police and fire. The Public Works Director reported on the infrastructure issue, including the issue of the completion of Edwards Street and Ellis Avenue at the fire station and reservoir. Bill Holman, PLC Land Company, spoke at length regarding issues related to this agenda item. He spoke regarding the communication from PLC Land Company and the company's disagreement with the city's position regarding the Library Fee. Mr. Holman spoke regarding the Affordable Housing requirement, including the fact that 15% of the homes have to meet the city' moderate income housing requirement. He spoke regarding deed restrictions. Discussion was held regarding Councilman Garofalo's request for the procedure by which the Library Fee is paid. 551 10/07/96 - City Council/Redevelopment Agency Minutes - Page 15 A motion was made by Leipzig, second Dettloff, to approve the following recommended action as set forth on amended Page No. 2 of the Request for Council Action from the Community Development Department presented earlier in the meeting: Pursuant to Section 4.2 of the Holly-Seacliff Development Agreement, approve the request by PLC for the City Council to provide consent for the pending sale of the properties known as: Final Tract Map Nos. 15034-36 and a portion of 15037 Bel Aire, to Lennar Homes of California, Incorporated; Final Map Nos. 15087-88 and 14700, Brentwood, to Taylor Woodrow Homes of California, Ltd.; Final Map Nos. 15081, 15085 and a portion of 15037, Hillcrest, to Polygon Communities, Incorporated; and Final Map Nos. 15082 84 and 15086, Riviera, to Shea Vickers Residential, L.L.C. with the requirement that all responsibilities for community improvements to serve the property as required by the Development Agreement will be complied with, including the following condition: No final inspection shall be approved for units in Bel Aire, Brentwood, Hillcrest or Riviera until Bel Aire Lane between Garfield Avenue and Forester Drive is fully improved and open and Summit Drive is improved to connect with existing Clay Avenue between Bel Aire Lane and Goldenwest Street, and 2. Authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations and authorize the City Clerk to record said Certificates of Consent upon notification by the City Attorney. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Professional Services - City And Arthur Andersen, L.L.P. - Consulting Services - Regarding Transfer Of City's Franchised Solid Waste Operator - Through Employee Stock Ownership Plan -Approved (600.10) Earlier in the meeting, the City Clerk had announced that the following communication on this agenda item had been provided to the City Council: Request for Council Action dated October 7, 1996 from the City Attorney regarding the contract with Arthur Andersen to review transfer of the Solid Waste Franchise The City Council considered a communication from the City Attorney informing Council that Rainbow Disposal has entered into an Employee Stock Ownership Plan (ESOP) to purchase Phil Hohnstein's interest in Rainbow Disposal and obtain a financing package from Chase Manhattan to fund the ESOP. The City Council selected Arthur Andersen, L.L.P. to conduct a due diligence review of the transaction as per Section 19 of the Rainbow Franchise Agreement. Arthur Andersen, L.L.P. has requested certain modifications to the city's standard Professional Services Contract. The City Attorney reported and recommended approval of the contract with Arthur Andersen, L.L.P. 552 Page 16 - Council/Agency Minutes- 10/07/96 A motion was made by Garofalo, second Green, to approve and authorize the Mayor and City Clerk to execute a Professional Services Contract with Arthur Andersen, L.L.P. to perform a "due diligence" review of the employee stock ownership plan (ESOP) to purchase Phil Hohnstein's interest in Rainbow Disposal and to review the Chase Manhattan loan package to finance the employee stock ownership plan (ESOP). The motion carried by the following roll call vote: AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: (Harman out of the room) (City Council) Agreement Between The City Of Huntington Beach And The Rainbow Disposal And Rainbow Transfer And Recycling Companies Approving The Change Of Effective Control Of Rainbow And Hypothecation Of The Companies - Approved (600.45) Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Request for Council Action dated October 7, 1996 from Director of Finance Dan T. Villella regarding Solid.Waste Franchise The City Council considered a communication from the Assistant City Administrator recommending that the City Council approve the transfer of ownership relative to the Employee Stock Ownership Plan (ESOP) to purchase Phil Hohnstein's interest in Rainbow Disposal Company. City consent is required for any transfer of interest pursuant to Section 19 of the Rainbow Disposal Franchise Agreement. Dan Villella, Finance Director, reported on the proposed agreement and the reasons why approval was recommended. The City Attorney reported that a memorandum sent earlier in the week to Council was incorrect. She stated she wished to correct this and presented the language which should be reflected on the Request for Council Action to reflect the value of Mr. Holstein's 88% interest in Rainbow Disposal Company and the 75% interest in the transfer company being bought out by the ESOP is $31.5 million; therefore, the total value of Rainbow Disposal Company is estimated to be between $35 million and $42 million and Huntington Beach's contract for waste disposal pickup is a substantial part of that value since the city has more than 50% interest in that. She stated that she believes that this properly shows the fact that the city has done its due diligence on this important transaction and has taken the appropriate steps. She recommended that Council approve the transfer. A motion was made by Dettloff, second Harman, to approve and authorize the Mayor and City Clerk to execute the Agreement between the City and the Rainbow Disposal and Rainbow Transfer and Recycling Companies approving the change of effective control of Rainbow and hypothecation of the companies. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None 553 10/07/96 - City Council/Redevelopment Agency Minutes - Page 17 Consent Calendar - Items Removed The following Consent Calendar items were removed by Councilmembers for separate discussion: Rejection of bids for Beach Boulevard Landscaping; Ocean View Mobile Home Estates Unit No. 18; and Mobile Home Park issue. Councilmembers Harman and Green stated their abstention from the Consent Calendar issue regarding the Huntington Beach Conference and Visitors Bureau. Consent Calendar - Items Approved On motion by Green, second Sullivan, Council approved the following Consent Calendar items, as recommended by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council/Redevelopment Agency) Minutes -Approved And Adopted (120.65) -Approved and adopted minutes of the Council/Agency adjourned regular meeting of June 24, 1996, regular meetings of July 1, 1996 and July 15, 1996, and adjourned regular meeting of July 22, 1996 as written and on file in the Office of the City Clerk. (City Council) Acceptance Of Holly-Seacliff Easement Deeds - Public Rights -Of -Way - Ellis Avenue - Huntington Beach Company - Pacific Coast Homes - Approved (600.10) Authorized the City Clerk to accept easement deed AP No. 111-072-18 (a portion) from Huntington Beach Company and easement deed AP No. 111-072-07, 08, 11, 12, 27, (a portion) from Pacific Coast Homes for public rights -of -way, as part of the Holly-Seacliff Development Agreement and authorized the City Clerk to record with the Orange County Recorder. (City Council) Resolution No. 96-94 - Adopted - Side Letter Of Agreement Between City And Huntington Beach Police Officers Association (720.20) - Adopted Resolution No. 96-94 - "A Resolution Of The City Of Huntington Beach Approving And Implementing A Side Letter Of Agreement With The Huntington Beach Police Officers Association." (City Council) Notice Of Completion - Approved - Halifax Storm Drain Improvements - CC-889 - BNB Engineering, Inc. (600.60) - Accepted the improvements of the Halifax Storm Drain Project completed by BNB Engineering, Inc. at a final cost of $288,789 and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (City Council) Southern California Edison License Agreement - Beach Boulevard -1-405 Re - Landscaping Project - CC-828 - Approved (600.10) - Approved and authorized execution of the License Agreement between the city and Southern California Edison Company to allow the city to construct the improvements within the Edison right-of-way for a 10 year period from January 1, 1997 through December 31, 2006 and directed the City Clerk to record said Agreement. 554 Page 18 - Council/Agency Minutes- 10/07/96 (City Council/Redevelopment Agency) Resolution No. 96-90 - Adopted - Beach Boulevard - 1-405 - Interchange Program - Supplement No. 042 To State Of California - Master Agreement No. 12-5181 (600.20) - Adopted Resolution No. 96-90 - "A Resolution Of The City Council Of The City Of Huntington Beach Authorizing The Mayor And City Clerk To Execute Program Supplement No. 42 to Agreement No. 12-5181 For The Beach Boulevard I-405 Interchange." (City Council) Office Of Traffic Safety Project Grant Between State Of California, Office Of Traffic Safety And City Of Huntington Beach -Approved (340.80) -Accepted and approved Project Grant PT9747 between State of California Office of Traffic Safety and the city and authorized appropriation of funds for the purchase of computer hardware, software upgrades to the Traffic Engineering database, personnel costs for recurrent data entry staff, and authorized execution by the City Officers set forth on said document. (City Council) Bid Award To E. A. Mendoza Contracting -Alhambra Avenue Improvement Project - Between Silver Lane And Beach Boulevard - CC-1032 - Allocation Of Funds - Approved (600.50) - 1. Allocated an additional $22,000 to this project from available Community Development Block Grant (CDBG) funds; 2. accepted the low bid submitted by E. A. Mendoza Contracting of Anaheim Hills, California; authorized the Mayor and City Clerk to execute an appropriate construction contract for the Alhambra Avenue Street Improvements, CC-1032; for a total bid amount of $105,528; and 3. authorized the Public Works Director to expend a total of $122,000 to cover the contract amount of $105,528, estimated construction change orders of $10,600, and supplemental expenditures of $5,872.00. (City Council) Citizen Participation Plan Amendment For The Huntington Beach Consolidated Plan Required By Department Of Housing And Urban Development (HUD) Community Development Block Grant (CDBG) & Home Funds - Approved (340.70) - Approved the amended Citizen Participation Plan (CPP) dated September, 1996. Will incorporate the newly formed Citizen Participation Advisory Board (CPAB) and addressing elements such as: Participation, Technical Assistance, Public Hearings, and Public Comments. r (City Council) Subgrantee Agreements - Contractual Services For Domestic Violence Grant - Community Services Program Agreement (CSP) And Interval House Agreement - Approved (600.10) - Approved and authorized execution of Subgrantee Agreements between the city and Interval House Crisis Shelters and between the city and Community Services Program for Community Policing to Combat Domestic Violence Program funds, for a one-year term, October 1, 1996 through September 30, 1997. (Pursuant to Acceptance of Federal Domestic Violence Grant by Council on August 5, 1996). (City Council) Resolution No. 96-91 - Adopted - Federal Reimbursement For Emergency Repairs Of Various Streets And Traffic Sign Damage At Edinger Avenue/Newland Street - Program Supplement Nos. 40 And 41 To State Of California Agreement (600.20) - Adopted Resolution No. 96-91 - "A Resolution Of The City Council Of The City Of Huntington Beach Authorizing The Mayor And City Clerk To Execute Supplemental Nos. 040 and 041 To Agreement No. 12-5181 For The Emergency Repairs/Force Account Work In Various Areas In The City Of Huntington Beach." 555 10/07/96 - City Council/Redevelopment Agency Minutes - Page 19 (City Council) Release Of Securities - City Acceptance Of Tract No. 14244 - Seacliff Partners - n/o Palm Avenue - e/o Island Bak Lane - Island R - n/s Palm Avenue - Approved (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14244; 2. released the applicable bonds posted for faithful performance, labor and material and monument; 3. accepted Guarantee and Warranty Bond No. 8683-W, the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. instructed the City Clerk to notify the developer, Seacliff Partners, of this action and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. (City Council) Release Of Securities - City Acceptance Of Tract No. 14243 - Pacific Coast Homes - n/o Palm Avenue - e/o Cherryhill Drive - Island X - Approved (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14243; 2. released the applicable bonds posted for faithful performance, labor and material and monument; 3. accepted Guarantee and Warranty Bond No. 8685-W, the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. instructed the City Clerk to notify the developer, Pacific Coast Homes, of this action and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. (City Council) Release Of Securities - City Acceptance Of Tract No. 14296 - Pacific Coast Homes - n/o Lawn Haven Drive - Approximately 100 Feet w/o Evening Hill Drive - Island B - Approved (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14296; 2. released the applicable bonds posted for faithful performance, labor and material and monument; 3. accepted Guarantee and Warranty Bond No. 8579-M, the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. instructed the City Clerk to notify the developer, Pacific Coast Homes, of this action and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. (City Council) Release Of Securities - City Acceptance Of Tract No. 14318 - Seacliff Partners - s/o Loma Avenue - 500 Feet w/o 14th Street - Island AB - Approved (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14318; 2. released the applicable bonds posted for faithful performance, labor and material and monument; 3. accepted the Guarantee and Warranty Bond, security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. instructed the City Clerk to notify the developer, Seacliff Partners, of this action and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. (City Council) Release Of Securities - City Acceptance Of Tract No. 14326 - Seacliff Partners - n/e Corner Palm Avenue And Goldenwest Street - Island G - Approved (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14326; 2. released the applicable bonds posted for faithful performance, labor and material and monument; 3. accepted Maintenance Bond No. 152154S, the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. instructed the City Clerk to notify the developer, Seacliff Partners, of this action and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. 556 Page 20 - Council/Agency Minutes- 10/07/96 (City Council) Release Of Securities - City Acceptance Of Tract No. 14044 - Seacliff Partners - w/s Goldenwest Street - s/o Garfield Avenue - Island E - Approved (420.60) - 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14044; 2. released the applicable bonds posted for faithful performance, labor and material and monument; 3. accepted Guarantee and Warranty Bond No. 8585-M, the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. instructed the City Clerk to notify the developer, Seacliff Partners, of this action and the City Treasurer to notify the bonding company, Pacific States Casualty Company, of this action. (City Council) Guarantee And Warranty Security Release - Tract No. 14494 - Sunhawk Properties - e/s Van Buren Street - s/Slater Avenue - Approved (420.60) - Released Payment Bond No. 22852, the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to notify the developer, Sunhawk Properties, of this action, and the City Treasurer to notify Union Bank of this action. (City Council) Year End Budget Transfer From The General Fund Reserve To Self -Insurance Fund - Approved (420.60) - Approved the transfer of $410,000 from the General Fund Reserve to reimburse the Self -Insurance Fund. (City Council) Grant Agreement Between City And Huntington Beach Conference And Visitors Bureau For Public Relations Services -Fiscal Year 1996-97 -Approved (600.10) - 1. Noted in city official record that Councilmembers Garofalo and Green have "remote interest" in the Grant Agreement, pursuant to Government Code Section 1091(a) and (b)(1), and that vote by City Council on this Grant Agreement will be held in accordance with the guidelines set forth in Section 1091 set forth in Analysis section of the Request for Council Action dated October 7, 1996; And 2. approved the attached Grant Agreement between the city and the Conference and Visitors Bureau and authorized the Mayor and City Clerk to execute the document and release funds of $190,000. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Request for Council Action dated October 7, 1996 from the City Administrator and the Economic Development Director regarding the Grant Agreement with the Huntington Beach Conference and Visitors Bureau, Incorporated (HBCVB) Councilman Harman and Councilman Green abstained from voting on this item. (City Council/Redevelopment Agency) Rejection Of All Bids And Request For Authorization To Re -Advertise - Beach Boulevard - 1-405 - Re -Landscaping - CC-828 - Approved (600.80) The City Council considered a communication from the Public Works Department recommending the rejection of all bids for the Beach Boulevard 1-405 Re -landscaping project and to authorize the re -advertisement of the project. 557 10/07/96 - City Council/Redevelopment Agency Minutes - Page 21 In response to Councilman Garofalo, City Engineer Eichblatt reported on the specifications as they pertain to this project. Discussion was held by Council. Councilman Leipzig presented questions regarding the city's goal of reconfiguration of the road. City Engineer Eichblatt stated that he believed Cal Trans would soon approve the street work. On motion by Garofalo, second Green, Council rejected all bids and authorized the Public Works Director to re -advertise the Beach Boulevard 1-405 Re -landscaping Improvements, CC-828. The motion carried unanimously. (Redevelopment Agency) Redevelopment Agency Purchase Of Ocean View Estates Mobile Home Unit No. 18 7501 Ellis Avenue - B. Bolton - Approved (600.30) The City Council considered a communication from the Economic Development Department regarding the proposed purchase by the Agency of Mobile Home Unit No. 18 at Ocean View Estates. Councilman Garofalo stressed the city's need for a mechanism for the sellers to actually attempt to sell their coaches. The City Administrator and the Economic Development reported. The City Attorney reported on the requirement to list the mobile home. She also reported on the problems associated with the sale of mobile homes. Councilman Garofalo encouraged the Economic Development Director to get appraisals and to take other steps regarding this issue. The City Attorney read the provisions for sale. Considerable discussion was held regarding the history of how the amounts came about. The City Administrator was requested to expedite a plan for rental of these units. A motion was made by Leipzig, second Dettloff, to authorize the Executive Director and Clerk to execute documents necessary to purchase the mobile home at 7051 Ellis Avenue, Space 18, at the agreed value of $65,911 less deduction for any debts owed the Redevelopment Agency (Pursuant to the Relocation Agreement with Driftwood Mobile Home residents - Waterfront Development Agreement). The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: Garofalo ABSENT: None And Ordinances That Affect Mobile Home Community - Approved f�39.49} � r 1 o. 10 Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: 558 Page 22 - Council/Agency Minutes- 10/07/96 Communication dated October 7, 1996 from Craig Houser, Houser Brothers Company, Rancho Del Rey Mobile Home Estates, regarding direction relative to Water Meter Fees charged by mobile home park owners and ordinances that affect the mobile home community The City Council considered a communication from the Economic Development Department regarding water meter fees charged by mobile home park owners and city ordinances that affect the mobile home community. Councilwoman Dettloff reported on the meeting held between the City Attorney, Councilmembers, city staff, and mobile home residents. She stated that she believes the mobile home park residents understand the city's position on this issue. She stated that the mobile home residents were going to review the city ordinance to see if the language could be made more clear. ' The City Attorney reported that the method used by park owners for collecting the fees has now been changed and that the dispute was from an earlier time. On motion by Dettloff, second Green, Council directed the Mobile Home Advisory Board (MHAB) to inform the residents that overcharges must be handled between the park owners and park residents as private parties and directed that the Mobile Home Advisory Board review all ordinances that would have an effect on the mobile home community. The motion carried unanimously. (City Council/Redevelopment Agency) Resolution No. 96-93 - Adopted - Certification Of The Final Environmental Impact Report For The Huntington Beach Redevelopment Project (410.05) Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Communication dated October 4, 1996 from the Economic Development Director regarding redraft of introduction to the Response to Comments --Redevelopment Plan Amendment Environmental Impact Report (EIR) The City Council considered a communication from the Economic Development Director recommending certification of the Final Environmental Impact Report for the Huntington Beach Redevelopment Project. The Economic Development Director presented a staff report using slides. The Economic Development Director reported on the meetings that are scheduled for public comments prior to the public hearing. The City Administrator reported. 559 10/07/96 - City Council/Redevelopment Agency Minutes - Page 23 A motion was made by Garofalo, second Dettloff, to adopt Resolution No. 96-93 - "A Resolution Of The City Council Of The City Of Huntington Beach Certifying That The Final Environmental Impact Report (No. 96-2) For The Huntington Beach Redevelopment Project Has Been Prepared, Circulated And Completed In Compliance With CEQA And State Guidelines For CEQA And That The City Council Has Reviewed And Considered The Information Contained Therein." The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) City Council Policy Regarding Amicus Curiae Briefs - Approved As Amended (100.10) The City Council presented a communication from the City Attorney requesting Council direction regarding whether the City Council should review amicus curiae briefs and decide whether the City of Huntington Beach should join in support of them. Following discussion, a motion was made by Harman, second Green, to approve the policy recommended by the Legal Affairs Committee as set forth on Page No. 3 of the Request for Council Action from the City Attorney dated October 7, 1996 as follows: That the City Council not get actively involved in amicus curiae briefs. Further, when the City Attorney receives a request to join in support of an amicus brief, she will copy the information to the Assistant City Administrator with the City Attorney's opinion supporting or rejecting the request for amicus support. The Assistant City Administrator has five working days in which to respond to the City Attorney with comments in support of or against the request. The City Attorney has the option to support or reject the Assistant City Administrator's position and has the final determination as to whether to join in support of an amicus curiae brief. The motion made by Harman, second Green, carried by unanimous vote. (City Council) Ordinance No. 3335 - Adopted - Creates The Citizen Participation Advisory Board By Consolidating The Citizen's Advisory Board And The Human Resources Board (640.10) The City Council considered Ordinance No. 3335 for adoption - "An Ordinance Of The City Of Huntington Beach Creating The Citizen Participation Advisory Board By Consolidating The Citizen's Advisory Board And Human Resources Board And Repealing Huntington Beach Municipal Code Chapters 2.99 And 2.103." Following a reading by title, a motion was made by Garofalo, second Green, to adopt Ordinance No. 3335. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None 560 Page 24 - Council/Agency Minutes- 10/07/96 Ordinances For Introduction - Deferred To Later Date The City Council considered introduction of Ordinance No. 3336 and Ordinance No. 3337 as follows: (City Council) Ordinance No. 3336 - Deferred To Later Date - Time Limits For Parking Of Oversized Vehicles On Arterial Streets (640.10) - "An Ordinance Of The City Of Huntington Beach Amending Chapter 10.44 Of The Huntington Beach Municipal Code Titled Parking --Time Limits Of Oversized Vehicles." (City Council) Ordinance No. 3337 - Deferred To Later Date - Oversized Vehicles Parking On Arterial Streets - Measurement Definition (640.10) - "An Ordinance Of The City Of Huntington Beach Amending Chapter 10.08 Of The Huntington Beach Municipal Code Titled Enforcement -- Oversized Vehicles." The Police Chief reported that he would like to defer the ordinances to a later date until he can meet with Mr. Hicks who addressed Council during the public comments portion of the meeting. Councilman Garofalo asked if perhaps Southern California Edison Company or the Weiser Lock Company site could be asked to accommodate the big rigs. The noise problems of the big rigs idling was discussed. The Council by consensus deferred Ordinance No. 3336 and Ordinance No. 3337 to a later date. (City Council) City Budget And Process - Report Presented By Councilman Garofalo Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Communication from Councilman Garofalo dated October 3, 1996 regarding the city budget process The City Council considered a communication from Councilman Garofalo dated October 3, 1996 submitting recommendations regarding the budget process. Councilman Garofalo spoke regarding the need to prioritize the budget and address infrastructure needs. (City Council) Appointment By Councilman Garofalo To The Fourth of July Board - Tammie Bechstead - Deferred Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Communication dated October 3, 1996 from Councilman Garofalo regarding resignation of John Tillotson and appointment of Tammie Bechstead to the Fourth of July Board 561 10/07/96 - City Council/Redevelopment Agency Minutes - Page 25 Councilman Garofalo stated that he would defer announcement of his appointment to the Fourth of July Board for one week. (City Council) Sports Facilities Improvement District - City Council Intention Reaffirmed (620.20) The City Council considered a communication from Councilman Tom Harman regarding the fact that during s`3`UraNrw��iles& b the,ball t language for the "Advisory Vote Only - Measure J" on the November 5� 1996 election ballot, the words "swimming pool" were omitted from the election resolution adopted by the City Council. Councilman Harman explained that due to three rewrites of the ballot measure, reference to the swimming pool was omitted. He stated that he believes it would be proper for -Council to take action to reaffirm their intent. o , CO. On motion by Harman, second Green, Council reaffirmed its intention to inolude a fifty meter. swimming ool inch list of projects that would be built throu h the' p oce 'ds generafed by the Speks F1� ovemegf:pistrict should the city determine _��bl4lb-ziear-ing process that it does intend to proceed with the assessment district. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo, NOES: None ABSENT: None (City Council) Permanent Display For Awards Received By The City -Approved (100.10) The City Council considered a communication from Mayor Pro Tempore Bauer recommending that in order to let citizens know of the excellent performance of the city, the city staff, and its citizens, a permanent display be established listing the awards won by the city. Suggested locations might be opposite the first floor Information Desk or City Council Chambers so all citizens could be reminded of their awards and their city's successes. Awards like the Safest City, the Helen Putnam Awards, the award for Downtown, and the recognition for Huntington Beach being a good place to raise kids are examples. A motion was made by Bauer, second Green, to request the City Administrator to make recommendations to the City Council for a permanent display for awards won by the City of Huntington Beach. The motion carried unanimously. (City Council) Assistance To Fourth Of July Board Regarding Display Requested Councilman Garofalo asked the City Administrator if he would assist the Fourth of July Board with their display. 562 Page 26 - Council/Agency Minutes- 10/07/96 Adjournment - City Council/Redevelopment Agency The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, October 21, 1996 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: z4meme�' City Clerk/Clerk 563 4�� &441b� City erk and ex-officio Clerk o the City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach California Mayor/Chairman