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HomeMy WebLinkAbout1996-12-02 (8)MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 7:00 P.M. - Council Chamber Huntington Beach, California Monday, December 2, 1996 A video tape recording 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 7:00 p.m. in the Council Chamber. City Council/Redevelopment Aaencv Roll Call Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Absent: None Flag Ceremony And Invocation Huntington Beach Cub Scout Pack 101 from Smith Elementary School. Den Mother Linda Orr and Tiger Cub Den No. 1, Pack 557, from Eader Elementary School. Den Leader Elaine Keeley, (City Council/Redevelopment Agency) Minutes - Approved And Adopted The City Council considered the approval and adoption of the City Council/Redevelopment Agency minutes of the regular meetings of October 21, 1996 and November 4, 1996. A motion was made by Harman, second Garofalo, to approve and adopt minutes of the City Council/Redevelopment Agency regular meetings of October 21, 1996 and November 4, 1996 as written and on file in the office of the City Clerk. The motion carried unanimously. (City Council General Municipal Election - November 5 1996 - Certification To The City Council Of Canvass Of Election By Registrar Of Voters - Resolution No. 96-102 - Adopted (620.20) The City Council considered a communication from the City Clerk transmitting the Certification of Canvass of Election by the Registrar of Voters (68.323% turnout - Registered voters 112,730) and Resolution No. 96-102. 25 Page 2 - Council/Agency Minutes - 1212/96 A motion was made by Harman, second Dettloff, to adopt Resolution No. 96-102 - "A Resolution Of The City Council Of The City Of Huntington Beach Reciting The Fact Of The General Municipal Election Held On November 5, 1996 Consolidated With The County Of Orange And Declaring The Results Thereof And Such Other Matters As Provided By Law." The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT_ None Councilman Leipzig Addresses Council And Audience Councilmember Vic Leipzig thanked the City Council and city staff and, in particular, City Administrator Mike Uberuaga. Councilman Leipzig stated that he wished especially to thank the citizens of Huntington Beach who have made his service so memorable in the way that they have worked for the betterment of the City of Huntington Beach. Presentations Mayor Pro Tempore Ralph Bauer presented a surfer statue to outgoing Mayor Sullivan. Mayor Pro Tempore Bauer spoke regarding Mayor Sullivan's fine service to the city during his term as Mayor. Bob Biddle made a presentation to outgoing Mayor Sullivan on behalf of the membership of Huntington Beach Tomorrow. Mayor Sullivan gave pen sets to Mayor Pro Tempore Bauer and members of the City Council. State Of The City Address And Presentation By Mayor Sullivan Mayor Dave Sullivan addressed the City Council and members of the audience regarding the accomplishments of the City Council during the past year. Recess The City Clerk called a recess of the City Council and Redevelopment Agency. Reconvene The regular meetings of the City Council and Redevelopment Agency were reconvened in the Council Chamber. 1212/96 - City Council/Redevelopment Agency Minutes - Page 3 Commendations For Mayor Sullivan Each City Council member and the City Administrator commended Mayor Sullivan for his past year of service to the city while Mayor of Huntington Beach, Oath Of Office To City Clerk Mayor Dave Sullivan administered the oath of office to City Clerk Connie Brockway, The City Clerk extended her appreciation for the community's support for her office in this election and in past years. Oath Of Office To Councilmembers And City Treasurer The City Clerk administered the oath of office to the newly elected officers of the city as follows: Members Of The City Council Tom Harman Pam Julien Dave Sullivan City Treasurer Shari L. Freidenrich City Clerk Presides Roll Call: Harman, Julien, Dettloff, Bauer, Sullivan, Green, Garofalo Ralph Bauer Elected Mayor For Ensuing Year (620.20) The City Clerk called for a motion to elect the Mayor of the City of Huntington Beach for the ensuing year. A motion was made by Dettloff, second Sullivan, to elect Councilmember Ralph Bauer Mayor of the City of Huntington Beach by acclamation. All Councilmembers rose and gave a standing ovation electing Councilmember Ralph Bauer Mayor of the City of Huntington Beach by acclamation. Oath of Office To Mayor Ralph Bauer The City Clerk administered the oath of office to Mayor Ralph Bauer. 627 Page 4 - Council/Agency Minutes - 1212/96 Shirley Dettloff Elected Mayor Pro Tempore (620.20) Mayor Bauer called for a motion to elect a mayor pro tempore. A motion was made by Garofalo, second Sullivan, to elect Councilmember Shirley Dettloff Mayor Pro Tempore of the City of Huntington Beach by acclamation. All Councilmembers rose and gave a standing ovation electing Councilmember Shirley Dettloff Mayor Pro Tempore of the City of Huntington Beach by acclamation. Recess Mayor Bauer called a recess of the City Council and Redevelopment Agency at 8:00 p.m. The Mayor invited all in attendance to a reception in Room B-8 for the newly elected office holders. Reconvene Mayor Bauer reconvened the regular meetings of the City Council and Redevelopment Agency at 8:45 p.m. in the Council Chamber. Statements By Newly Elected Councilmembers Newly elected Councilmembers Tom Harman, Pam Julien, and Dave Sullivan, each in turn, expressed their commitment to the city and extended their appreciation to the members of the community who made their election possible_ Presentation A presentation was made by Mayor Ralph Bauer to Tom Livengood, President of the Amigos de Bolsa Chica, and to Nancy Donovan, Bolsa Chica Land Trust representative, in appreciation for each of the group's contribution toward the preservation of the Balsa Chica, Late Communications Announced By The City Clerk Pursuant to the Brown Act, the City Clerk announced the following late communications regarding Agenda Items which had been received following the distribution of the agenda: Revised Page No. 6 to Request for Council Action from the Community Development Department dated December 2, 1996, correction in title to read The Parkside Protect and in the body to read property known as Final Map No. 14662 - Parkside to Shea Vickers Residential, L.L.C. Communication from the City Attorney dated December 2, 1996 regarding amended Page No. 9 of Ordinance No. 3343 regarding Amendment and Merger of Redevelopment Projects • i� 1212/96 - City Council/Redevelopment Agency Minutes - Page 5 Revised Attachment No. 4, pages accidentally left out of the agenda packet, to the Request for Council Action from the Community Development Department dated December 2, 1996 regarding Final Tract Map No. 14662. Communication from Councilman Garofalo dated November 18, 1996 regarding the Council establishing a policy that Council meetings not be scheduled within two days prior to a general municipal election Communication from Councilman Garofalo dated November 18, 1996 regarding interpretation of election results for Advisory Measure J (Assessment for Sports Facilities), Measure K (Recreational Facilities at Murdy Center), and Measure L (Recreational Facilities at Huntington Central Park) Business Zone Meters --Financial Chart prepared by the Community Services Department The City Clerk announced that the City Attorney had requested that at the time the motion is made for approval of Final Tract Map No. 14357 that the motion include approval and authorization for the Mayor and City Clerk to execute the Subdivision Agreement. Public Comments Michelle Gillette informed Council that she understood the city's dilemma relative to the proposal to develop Pacific Coast Highway and Goldenwest Street (Coastal Development Permit No. 96-15) due to the economic needs of the city. She stated that there is significant support and interest by the Planning Commission to rezone the property residential. Ms. Gillette requested that the General Plan be reviewed as it will show that the proposed gas station is inconsistent with the area. She presented reasons why she believed the development of a gas station should not be approved, including the adverse effects on the residents and the fact that this is an industrial use associated with Proposition 65 sites which would entail storing and dispensing 30,000 gallons of fuel five feet below grade in the resident's backyard. Ms. Gillette stated that she did not believe the proposed use would be a sales tax windfall but a sales tax loss. At the request of Council, the Community Development Director described the area involved and stated that the Community Development Department is still reviewing the application. Community Development Director Fallon informed Council that the project should be going before the Planning Commission in the next few months and that the Planning staff had not yet arrived at a recommendation on the project. John Goodnight read the types of zoning that the area on Pacific Coast Highway and Goldenwest Street calls for, which he stated does not include a gas station and mini -mart. Mr. Goodnight informed Council that there is already a service station a short distance north of Goldenwest Street from Pacific Coast Highway. He informed Council that this is not the type of land usage that welcomes people to the entrance of Huntington Beach, Steve Daniel, Downtown Merchants' Association representative, addressed Council in support of the request of the Downtown Merchants Association to implement two-hour free parking in the downtown business zone from December 3, 1996 through January 6, 1997. 629 Page 6 - Council/Agency Minutes - 12/2/96 Tim Wetzel presented reasons in opposition to the proposed service station to be located at Goldenwest Street and Pacific Coast Highway. He displayed a chart showing the site for the proposed project. He spoke regarding what he believes would be major ingress and egress impacts and a dangerous condition of access. Mr. Wetsel stated that the service station would cause traffic flow back into the neighborhood. He requested that Council take a closer look at the project and be open to alternative ideas. He informed Council that the area of land at Beach Boulevard and Pacific Coast Highway or the area near that being developed by Shea Company may be more appropriate locations for a gas station. He stated that the project would increase traffic and would put people in harm's way who are accessing the beach. Steve Guilage extended his congratulations to the newly elected Councilmembers and stated that he will miss Councilman Leipzig's presence on the City Council. Mr. Gullage stated his opposition to the agenda item recommending that Council meetings not be held within two days of a general municipal election. Bill Holman, representing PLC Land Company, informed Council that he believes all the issues on the Agenda Item regarding Consent to Sale of the Parkside Project have been worked out between city staff, PLC Land Company, and the buyer and that escrow will close soon. He requested Council approval of this Agenda Item. He thanked the Community Development Director for his help in scheduling this item_ Norma Vander Molen requested that plans be made for a use of the Driftwood Inn Motel located on Pacific Coast Highway. She recommended that the motel serve in the interim as a youth or elder care shelter in order to serve the citizens of Huntington Beach. The City Administrator reported that the motel will be taken down when the proposed development by Robert L. Mayer is complete. Mayor Bauer reported on the matter. Jo Christian -Craig informed Council of her dismay that the agenda item relative to the merger/amendment of Redevelopment Project Areas has been placed on the agenda as an Administrative Item when it appeared as a public hearing at the November 18, 1996 Council meeting. She stated her concern that Councilwoman Julien had not had the benefit of her testimony during the prior public hearing on this issue. Ms. Craig presented reasons against the recommended action, including her opposition to Council voting to extend the power of eminent domain. She requested that Council vote with the stockholders who are the citizens of Huntington Beach. Juana Mueller spoke regarding the naming of the Bolsa Chica Land Trust as the trustee of 24.5 acres of the Bolsa Chica. She invited the Councilmembers to attend the dedication_ Ms. Mueller requested that HBTV-3 televise the event for the benefit of the public. Mike Erickson informed Council of his opposition to the proposed gas station at Pacific Coast Highway and Goldenwest Street. He stated that the project will be a major environmental problem as it is located on an earthquake fault. He stated that the site could be utilized as a city informational center. 630 1212196 - City Council/Redevelopment Agency Minutes - Page 7 Councilman Garofalo recommended that Mr. Erickson advise the Planning Commission members that the residents do not want to reject all plans for that area. Discussion was held between Councilmember Garofalo and Mr. Erickson. Councilman Harman inquired of the Community Development Director relative to the status of the proposed project. The Community Development Director informed Councilman Harman that she would present a report on this issue as soon as she meets with her staff. Sandra Cole commended City Councilmembers for the tremendous job they do for the City of Huntington Beach. (City Council/Redeyelopment_Agency) Council Committee and Council Liaison Reports Presentation of $15,000 Donation From Jim Ackerman For The Veterans' Memorial (160.40) Councilman Sullivan presented a check in the amount of $15,000 from Jim Ackerman, local Attorney At Law, who generously donated $15,000 to complete the fund-raising efforts for the construction of the Veterans' Memorial to be located at the Civic Center. Councilman Harman stated that he is very grateful to Mr. Ackerman for this and the many other donations he has made to benefit the community. CitCouncil Legislative Affairs Committee Meeting Reciarding Statewide Ballot Initiative To Retain City Funds Taken By The State (640.15) Councilmember Harman informed the Council that the Legislative Affairs Committee would meet on December 18, 1996 at which time a speaker will address the committee regarding cities' efforts to place a statewide initiative on the ballot to stop the State of California from taking cities' monies. He invited the citizens to attend the Legislative Affairs Committee meeting. (City Council) City Administrator's Report City Administrator's Quarterly Budget And Financial Report (320.20) The City Administrator informed the City Council that the quarterly budget report is complete and is available to the public. He presented a brief report, including information on unfunded liabilities and the need to address this issue. Performance Based City Budgeting Approach (320.20) The City Administrator presented a report in response to Councilman Harman's communication relative to a performance based city budgeting approach. The City Administrator informed Council of his intent to report on this issue at the December 16, 1996 Council meeting. 631 Page 8 - Council/Agency Minutes - 1212/96 Consent Calendar - Items Removed The following Consent Calendar items were removed by Councilmembers for separate discussion: Final Tract Map No. 14357 and Request from Downtown Merchants' Association for Free Parking in Downtown During Holidays. Consent Calendar - Items Approved On motion by Garofalo, second Harman, Council approved the following Consent Calendar item as recommended by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: (Green out of the room) (City Council) Professional Services Contract - EDAW, Inc. - Preparation Of An Environmental Impact Report - Wintersbur (Home Depot Project - Approved (600.10) Approved and authorized execution by the Mayor and City Clerk of an agreement between EDAW, Incorporated and the city for preparation of an Environmental Impact Report for the proposed Home Depot project at the southeast corner of Warner Avenue and Goldenwest Street at.a fee not to exceed $58,854. (Cost to be borne by EDAW). (City Council) Final Tract Map No. 14357 Of Tentative Tract Map No. 14357 - Approve Bonds And Subdivision Agreements - Sea View Village Subdivision - Happy Drive Southwest Of Talbert Avenue And Beach Boulevard_- Approved As Amended (420.60) The City Council considered a communication from the Community Development Department recommending approval of Final Tract Map, No. 14357 of Tentative Tract Map No. 14357 as well as the approval of the bonds and subdivision agreements. Final Tract Map No. 14357 is the Sea View Village Subdivision located at Happy Drive southwest of Talbert Avenue and Beach Boulevard. Earlier in the meeting, at the request of the City Administrator, the City Clerk reported on concerns that the City Attorney had expressed to the City Clerk regarding this agenda item. The City Clerk informed Council that the City Attorney had informed her that the staff report on this item should have included a recommendation to approve and authorize execution of the Subdivision Agreement by the Mayor and City Clerk. The City Clerk informed Council that the recommended City Council motion set forth on the City Council agenda did include this wording; however, as the City Attorney had stated, the staff report did not. The City Attorney reported regarding her concerns on this matter. A motion was made by Garofalo, second Julien, to approve Final Tract Map No. 14357 and accept the offer of dedication and improvements and bonds pursuant to the following findings and requirements. Findings for Acceptance of Final Map: 1. Final Tract Map No, 14357 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance, and Tentative Tract Map No. 14357 conditions of approval as 632 12l2196 - City Council/Redevelopment Agency Minutes - Page 9 approved by the Planning Commission. Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. instruct the City Clerk to file bonds with the City Treasurer upon their submittal. 3. instruct the City Clerk to not 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 fee 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 Public Works Department prior to recordation of the final map_ d. approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement. At the request of Councilman Sullivan, Bijan Sassounian, applicant, reported regarding the issue of rear yard setback. The Community Development Director reported regarding Councilman Sullivan's question relative to the variance approval of conditions for rear yard footage. In response to Councilman Bauer, the Community Development Director stated that this issue was a part of the variance which is not before the City Council at this meeting. In response to Councilman Sullivan's questions regarding rear yard setback, Richard Harlow, the applicant's representative, referred to Page E.2.8 of the staff report. Further discussion was held The City Clerk reported further on the concerns expressed by the City Attorney regarding the wording of the recommended action on the staff report for this item and the recommended Council motion appearing on the City Council Agenda. She stated the need to clarify these concerns as this issue relates to proper recordation of motions within City Council minutes. Following discussion, the motion made by Garofalo, second Julien, carried unanimously. (City Council Reciuest From Downtown Merchants' Association For Free Parking -In Downtown During Holidays - Approved As Amended (560.10) The City Council considered a communication from the Community Services Director recommending that the City Council implement two-hour free parking in the downtown business zone from December 3, 1996 through January 6, 1997 as requested by the Downtown Merchants' Association, Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Business Zone Meters --Financial Chart prepared by the Community Services Department The Community Services Director presented a staff report. A Council Committee review of the downtown area was presented by Councilmember Garofalo. 633 Page 10 - Council/Agency Minutes - 12/2196 Councilman Garofalo presented questions regarding the procedure and presented an alternative to bagging meters. The Community Services Director reported. Councilwoman Dettloff presented her concept of the issue. She spoke regarding the downtown businessmen's desire for a better holiday sales season. She stated that she could support their request for this season and that meetings could be held in the future regarding how to solve the situation. The Community Services Director stated reasons why it may not be an issue in the future. He also referred to a program developed by Economic Development Director Biggs for marketing the validation program which he believes would be very beneficial to the downtown area. Mayor Bauer stated that he was interested in helping the downtown shop owners, not the owners of the buildings, as he has heard that some of the owners are charging more for their building rentals than are building owners in Newport Beach. Councilman Garofalo reported on the issue. A motion was made by Garofalo, second Green, to direct the Community Services Director to implement two-hour free parking in the downtown business zone from December 15, 1996 through December 31, 1996. The motion carried by the following roll call vote: AYES: Julien, Dettloff, Green, Garofalo NOES. Harman, Bauer, Sullivan ABSENT: None (City Council Resolution No. 96-103 - Approval Of Response To Written Objections To The Proposed Huntington Beach Redevelopment Plan And Amendment And Merger Of The Five Existing Redevelopment Project Areas - Introduction Of Ordinance No. 3343 - Approved As Amended - Merger And Amendments (410.05) The City Council considered a communication from the Economic Development Director informing the City Council of the need for Council to consider adoption of written responses to written objections filed at the November 18, 1996 joint public hearing; also to introduce and conduct the first reading of Ordinance No. 3343 adopting the proposed Amendment and Merger of the five existing Redevelopment Project Areas ("Amendment/Merger'). Huntington Center - Main -Pier - Oakview - Talbert -Beach and Yorktown -Lake. The City Administrator stated that he lives in the redevelopment area and that he will, as previously, be removing himself from participation in the discussion of this agenda item. Councilwoman Julien stated that pursuant to Government Code Section 87103, she would abstain from consideration of this agenda item as her home is in a Redevelopment Project Area. 634 12/2196 - City Council/Redevelopment Agency Minutes - Page 11 The Economic Development Director informed Council that this item had been placed on the agenda as an Administrative Item as the public hearing on this item had been closed at the last meeting. The Economic Development Director recommended City Council adoption of Resolution No. 96-103 and approval of the introduction of Ordinance No. 3343 as amended by the City Attorney's wording in her communication to Council announced by -the City Clerk earlier in the meeting. Councilmember Harman requested the Economic Development Director to respond to the concerns stated in Mr. Keith Bohr's written comments regarding eminent domain and the need to retain city leverage regarding certain properties. The Economic Development Director reported on the issue. He stated that he believes there are ways to implement plans outside of eminent domain. Councilman Harman referred to the book delivered to Council today, in particular the Report to Council Section --Page B-15 and the photograph of the dilapidated building, and questioned the ability of the Redevelopment Agency to remedy situations such as this. He asked if this was the usual practice in redevelopment projects to exclude the power of eminent domain as it applies to residential. The Economic Development Director reported on how the eminent domain ability of Council could be reinstituted by going through the process again_ The Assistant City Administrator requested that Economic Development Director Biggs inform Council relative to the need for the formation of a PAC (Project Area Committee) if even one resident is to be displaced. A motion was made by Garofalo, second Green, to adopt Resolution No. 96-103 - "A Resolution Of The City Council Of The City Of Huntington Beach Responding To And Making Written Findings In Response To Written Objections To The Proposed Huntington Beach Redevelopment Plan And Amendment And Merger Of The Huntington Beach Redevelopment Projects." and approve introduction of Ordinance No. 3343 as amended by the wording contained in the City Attorney's communication dated December 2, 1996 to the City Council by the insertion of the following wording: including any amendments thereto - "An Ordinance Of The City Of Huntington Beach Approving And Adopting The Merger Of And Amendments To The Redevelopment Plans For The Huntington Center, Main -Pier, Oakview, Talbert -Beach and Yorktown -Lake Redevelopment Projects As Incorporated Into The Redevelopment Plan For The Huntington Beach Redevelopment Project." Councilman Sullivan stated reasons why he believes the written response on Page No. 6 of Exhibit A to Resolution No. 96-103 is insufficient. The response is to the objection by property owners Bagstad and Mase relative to repeal of Resolution No. 48 being a breach of the covenant made with the property owners when the Redevelopment Project was first formed. He stated reasons why he believes it is a breach of faith with the community. Councilman Sullivan spoke at length regarding the Redevelopment Agency's developments throughout the city which he believes are flawed. 635 Page 12 - Council/Agency Minutes - 12/2196 Councilwoman Dettloff stated her understanding of the need as to why this issue is before the Council. She referred to last year's meeting at which the need for the merger was presented to the City Council. The Economic Development Director responded to statements presented by Council. Councilwoman Dettloff requested the Economic Development Director to respond as to what the situation would be if Council did not approve the merger. The Economic Development Director reported on the benefits of the proposed merger, including financial flexibility and having the bond rating be counted cumulatively. Councilmember Garofalo announced that he had viewed the tape of the November 18, 1996 public hearing on this issue. Fallowing a reading by title of Ordinance No. 3343 as amended, the motion made by Garofalo, second Green, including the adoption of Resolution No. 96-103, carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Green, Garofalo NOES: Sullivan ABSENT: None ABSTENTIONS: Julien (City Council) Request By PLC Land Company - City Council Consent To Pending Sale Of The Parkside Project To Shea Vickers Residential - Holl -Seacliff Development Agreement Area - Final Map No. 14662 - Parkside - Approved (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 property known as Final Map No. 14662 - Parkside - to Shea Vickers Residential, L.L.C. 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. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Revised Attachment No. 4, pages accidentally left out of the agenda packet, to the Request for Council Action from the Community Development Department dated December 2, 1996 regarding Final Tract Map No. 14662. The City Clerk distributed the fully signed copy of the Certificate of Consent to Sale of Property and the Assumption of Rights, Duties, and Obligations by and between the City of Huntington Beach, Shea Vickers Residential, L.L.C., and PLC Land Company. The Community Development Director presented a staff report. She stated that the City Council had been provided with the fully executed Certificate of Consent to Sale of Property and the Assumption of Rights, Duties, and Obligations by and between the City of Huntington Beach, Shea Vickers Residential, L.L.C., and PLC Land Company. 636 1212196 - City Council/Redevelopment Agency Minutes - Page 13 The Public Works Director reported on the matter. Bill Holman, PLC Land Company representative, responded to Mayor Bauer's question regarding the intent of the PLC Land Company to be responsible for all infrastructure required by the Holly-Seacliff Development Agreement. He confirmed that the PLC Land Company is the responsible party for all infrastructure which the Holly-Seacliff Development Agreement requires. A motion was made by Sullivan, second Garofalo, to approve the following recommended action: Pursuant to Section 4.2 of the Holly-Seacliff Development Agreement, approve the request by PLC Land Company for the City Council to provide consent for the pending sale of the property known as Final Map No. 14662, Parkside, 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 conditions: a. All terms and conditions of the Holly-Seacliff Development Agreement No. 90-1, not explicitly defined within Exhibit B of the "Request for City's Consent to Sale" letter from PLC Land Company, dated July 19, 1996, shall continue to be the responsibility of PLC Land Company (Attachment No. 2); and b_ PLC Land Company shall be responsible for construction of all infrastructure in conformance with Pages 20 and 21 of the Holly-Seacliff Development Agreement No. 90-1 and further clarified by PLC Land Company in their letter to the City dated May 7, 1996 (Attachment No. 9); and c. PLC Land Company shall instruct City right-of-way personnel, in writing, to pursue the purchase of all remaining street right-of-way required under the Development Agreement; and d. As the Parkside project currently stands, total Traffic Impact Fees due (per October 6, 1996 fee letter) will be $138,000.00. Credit for this entire amount shall be retained by PLC Land Company and debited against City obligations to PLC Land Company at time of sale; and e. No final inspection shall be approved for units in Parkside until new Gothard Street between EMs. Avenue and Garfield Avenue and Promenade Parkway between new Gothard Street and Seagate Drive (the Parkside Tract entrance) are fully improved and open to the public, and the existing Gothard Street is closed; and f_ The Buyers shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution No. 96-71 for all of their building permits in accordance with Ordinance No. 3344; and 637 Page 14 - Council/Agency Minutes - 12/2196 g. Buyer agrees to comply with the affordable housing requirements of the Holly-Seacliff Specific Plan by recording affordability covenants on 23 units on the Property, or on other property owned by Buyer in the Holly-Seacliff Specific Plan area. Prior to final inspection on the 113th unit to be constructed by Buyer, Buyer will have recorded affordability covenants for no less than 12 of the 23 affordable units. Said covenants shall restrict the purchase or resale, for a period of thirty (30) years, of the affordable units to persons or families of moderate income, as defined in the Specific Plan. Prior to final inspection of the 150th unit, Buyer will have recorded affordability covenants on the remaining 11 affordable units. Prior to Buyer recording any such affordability covenant, the Buyer shall submit said covenants to the City Attorney and the Community Development Director for review and approval as to form and content. 2. Authorize the Mayor and City Clerk to execute the Certificate of Consent to Sale of Property and the "Assumption of Rights, Duties, and Obligations." The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None City Council) Ordinance No. 3344 - Adopted - Amends Library Development Fee (640.10) The City Council considered a communication from the City Attorney recommending adoption of Ordinance No. 3344 - Library Development Fee. (The purpose of the Amendment is to allow developers to delay payment of the Fee, and, in addition, to clarify and memorialize the City Council's intent that the Library Development Fee will apply to all new projects). A motion was made by Green, second Garofalo, to adopt Ordinance No. 3344 after reading by title - "An Ordinance Of The City Of Huntington Beach Amending Ordinance No. 3333 And Chapter IT 66 Of The Huntington Beach Municipal Code Regarding A Library Development Fee." (Public Hearing and introduction approved on November 18, 1996). The purpose of the Amendment is to allow developers to delay payment of the Fee, and, in addition, to clarify and memorialize the City Council's intent that the Library Development Fee will apply to all new projects. The motion carried by the following roll call vote: AYES: Harman, Julien, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None 1212196 - City Council/Redevelopment Agency Minutes - Page 15 (City Council) Joint Communication Submitted By Council/Agency Members Shirley Dettloff And Tom Harman - Request For Council Approval Of Draft Letter Of Support To State Lands Commission Regarding State/Federal Acquisition Of The Bolsa_Chica Lowlands - Draft Letter Approved As Amended (520.15) The City Council considered a communication from Councilmembers Dettloff and Harman recommending that Council authorize the Mayor to sign a letter on behalf of the City of Huntington Beach supporting the acquisition and restoration of the Bolsa Chica lowlands. Councilwoman Dettloff reported on the issue. Considerable discussion was held by Council. A motion was made by Green, second Dettloff, to authorize the Mayor to sign a letter on behalf of the City of Huntington Beach in support of the acquisition and restoration of the Bolsa Chica lowlands. Councilman Sullivan stated that he believed the letter should contain wording regarding the issue that no purchase shall be made unless current and future oil operators take responsibility for cleanup. Councilwoman Dettloff clarified when she believed this issue would be addressed in the process. Councilman Garofalo presented reasons why he believed a letter should be simple and to the point and not contain such wording. Further discussion was held on this issue. It was determined that the motion would be amended to include wording in the letter that current and future oil operators will be responsible for site cleanup. The motion, as amended, made by Green, second Dettloff, carried unanimously. (City Council Resolution No. 96-104 - Support For Draft Community El Toro Air ort Re -Use Plan And Draft Environmental Impact Report (DEIR) No. 563 - Adopted (120.75) The City Council considered a communication from Councilman Garofalo transmitting a draft resolution prepared by the Citizens for Jobs and the Economy urging support of the Draft Community Re -Use Plan and Alternative A of the Draft Environmental Impact Report. Councilman Garofalo inquired of the City Clerk as to whether a City Council resolution incorporating the wording of the draft resolution before Council can be adopted at this meeting. The City Clerk responded that she believed Council could incorporate the wording in the draft resolution and assign the City Council resolution number (Resolution No. 96-104). The City Clerk requested that the City Council confirm her response with the City Attorney upon the City Attorney's return to the room. The City Attorney confirmed that the resolution of the City Council could be adopted at this meeting. 639 Page 16 - Council/Agency Minutes - 1212/96 Councilman Harman inquired if the City Council had taken previous positions on this issue and discussion was held. The City Clerk informed Council that mayors from other cities had addressed Council last year requesting Council support of County Measure A and that the City Council had adopted a resolution providing such support. A motion was made by Green, second Bauer, to adopt Resolution No. 96-104 in support of the Draft Community Re -use Plan and DEIR No. 563, El Toro Airport. The motion carried by the following roll call vote: AYES: Harman, Julien, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (City Council) Proposed City Council Policy Regarding Not Scheduling Council Meetings Within Two Days Of A General Municipal Election - Councilman Garo_ falo's Motion Withdrawn (120.10) Councilman Garofalo referred to his communication dated November 18, 1996 giving reasons for his recommendation that a City Council policy be adopted regarding not scheduling Council meetings within two days of a general municipal election. 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 November 18, 1996 regarding establishment of a Council policy that Council meetings not be scheduled within two days prior to a general municipal election Councilman Garofalo spoke regarding the reasons for his recommendation. He stated that he would recommend that if meetings are scheduled within two days of a general municipal election that public comments be kept to items on the agenda. Discussion was held regarding the need to modify the resolution which sets forth the times of meetings of the City Council. The Council was informed that this resolution is adopted pursuant to the City Charter. Councilman Sullivan stated his disagreement with the proposal. The City Clerk clarified the Brown Act wherein any issue under Council's jurisdiction may be addressed by members of the public; that public comments could not be restricted to items only on the City Council agenda. Councilman Garofalo stated that this had been a recommendation that public comments be kept only to agenda subjects and had not meant it to be a direction. Following further discussion, the motion made by Councilman Garofalo was withdrawn. .�i 1212196 - City Council/Redevelopment Agency Minutes - Page 17 The City Attorney quoted the City Charter section relative to the public addressing the City Council. Discussion was held. (City Councit) Announcement Of Appointment Of Pat Stier To The Fourth Of July Board (110-20) Councilman Garofalo announced his appointment of Pat Stier as his representative to the Fourth of July Board. The City Clerk informed Councilman Garofalo that Councilman Green had made this announcement for him during the last Council meeting. 0 F (620.20) onal Facilities At Murdv Centerl - Measure L C• The City Council considered Councilman Garofalo's communication regarding the need to interpret the November 5, 1996 results of Advisory Measures J, K, and L, at which time Measure L was passed by a majority of the voters. Earlier in the meet' g, the City CI rk had announced that the following communication on this item had b o ouncil: >' Communication from Councilman Garofalo dated November 18, 1996 regarding interpretation of election results for Advisory Measure J (Assessment for Sports Facilities), Measure K (Recreational Facilities At Murdy Center), and Measure L (Recreational Facilities At Huntington Central Park) - At the request of Councilwoman Dettloff, this item was deferred to a future meeting in order for discussion to be held earlier in the evening when citizen participation is available. +(City Council) Announcement Of Appointment Of Sherry Garr_els To The Huntington Beach Fourth Of July Board (110.20) Mayor Bauer announced the appointment of Sherry Garrels as his representative to the Fourth of July Board. (City Councils Holiday Disaster Exposition At Huntington Mail Announced (160.40) The Mayor announced that the Holiday Disaster Exposition would be held on Saturday, December 7, 1996 from 10:00 a.m. to 7:00 p.m. at the Huntington Mall and invited the attendance of all persons. 641 Page 18 - Council/Agency Minutes - 12/2196 (City Council{ Report Requested Regarding Alleged Campaign Material Distribution By Fire Department Personnel (120.90) Councilman Sullivan stated that the person who had brought to Council's attention at the last Council meeting the issue of alleged distribution of campaign material by Fire Department personnel had informed him that a city response on the matter had not been received. Counciimember Sullivan requested that this report be made_ 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, December 9, 1996 at 5.00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. Z, ' ,c alk&, ►— City'Glerk and ex-officio Cler of the City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: City Clerk/Clerk ayor/Chairman 642