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.
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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.
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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