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HomeMy WebLinkAbout1997-02-18MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Huntington Beach, California Monday, February 18, 1997 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 are on file in the Office of the City Clerk Call To Order Mayor Bauer 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: Julien, Harman, Dettloff, Bauer, Garofalo, (Sullivan arrived at 5:28 p.m.) Absent: Green (City Council) Study Session - Presentation Of The Development Services Process Improvement Program (100,10) The following document had been provided to the City Council regarding the Development Services Process Improvement Program: Development Services Process Improvement Report dated January 19, 1997 presented to City of Huntington Beach Mayor and Councilmembers by Development Services Team The Assistant City Administrator distributed the City of Huntington Beach Organizational Chart and a slide report regarding the Development Services Process Improvement Report. Scott Hess, Senior Planner, presented a staff report regarding the Development Services Process Improvement Report, including the Process Improvement Model on Page No. 3, the Entitlement/Permit Spreadsheet on Page Nos. 51-53, and the Development Process improvements and Flow Chart Updates on Page Nos, 65-73. 752 Page 2 - Council/Agency Minutes - 02/18/97 The Assistant City Administrator reported on the Development Services Process Improvement Report, including the Executive Summary on Page No. 110 and the Consolidated Permitting Services Program on Page No. 135. Discussion was held between the Council and staff on subjects including improvement of the inspection process, consultant interviews, and scheduling meetings with developers to discuss process improvement and address their concerns_ Motion To Recess To Closed Session -Approved (120-80) A motion was made by Harman, second Garofalo, to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote with Councilmember Green absent. 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 O'Bray vs. City of Huntington Beach - Orange County Superior Court Case No. 75 93 71. Subject: O'Bray vs. City of Huntington. Closed Session - City Council pursuant to Govemment 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 Gonzalez vs. City of Huntington Beach - Orange County Superior Court Case No. 761036. Subject: Gonzalez vs. City of Huntington Beach. 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 Estate of Gregory Lee .Jensen vs. City - Orange County Superior Court Case No. 75 68 38. Closed Session Item - To Be Continued To March 17, 1997 (120,80) The City Council determined that the following Closed Session item would be continued to March 17, 1997: 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 Southern California Underground vs. City of Huntington Beach - Orange County Superior Court Case No. 76 59 97. Subject: Southern California Underground vs. City of Huntington Beach. Closed Session Items - To Be Deferred To February 24, 1997 (120.80) The City Council determined that the following Closed Session items would be deferred to February 24, 1997: 753 02/18/97 - City Council/Redevelopment Agency Minutes - Page 3 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, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. 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 Huntington Beach Firefighters' Assn. vs. City of Huntington Beach - Orange County Superior Court Case No. 75 99 49. Subject: Huntington Beach Firefighters' Assn. vs. City of Huntington Beach. 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 Grievance of MEA/MEO vs. City of Huntington Beach involving PERS Benefit Conversion before the Huntington Beach Personnel Commission. Subject: Grievance of MEA/MEO vs. City. Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chambers. City Council/Redevelopment Agency Roll Call Present: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo Absent: Green Flag Ceremony And Pledge Of Allegiance The Flag Ceremony and Pledge of Allegiance were led by Mayor Bauer. Presentation of Award - From Jim Beal, Cal Trans, to the Mayor; City Council; Bob Eichblatt, City Engineer; and Doug Stack, Civil Engineer Assistant, an award for "Excellence in Transportation" for the Lakeview/Inlet Drive Reconstruction Project. (160.40) Presentation of Awards - From the Mayor and City Council to past presidents and executive directors of the Amigos de Balsa Chica. (160.40) Mayor Bauer and Mayor Pro Tern Dettloff presented awards to the past presidents of the Amigos de Balsa Chica as follows: Mary Ellen Houseal; Dave Carlberg; Herb Chatteron; Ken and Rhoda Martyn; Lorraine Faber; Victor Leipzig; Chuck Nelson; Adrian Morrison, Executive Director; Peter Green; Terry Dolton; Ed Zschoche; Tom Livengood; and Shirley Dettloff. 754 Page 4 - Council/Agency Minutes - 02/18/97 Lorraine Faber, Ed and Rhoda Martyn, and Herb Chatterton were unable to be present for the awards ceremony. Mayor Pro Tem Dettloff spoke regarding the dedication and ongoing efforts of the individuals which made the purchase of the Bolsa Chica possible. She stated that all of the members of the community who were part of the realization of this effort were also present at this ceremony, including those members of the community who participated in leading docent tours, contacted legislators, taught school classes, and who participated in Saturday cleanups of the Bolsa Chica. Late Communications Announced By The City Clerk Pursuant to the Brown Act, Deputy City Clerk Maybrice Henry announced the following late communications regarding Agenda Items which had been received following the distribution of the agenda: Communication from Councilmember Green dated February 13, 1997, Subject: Absence From Council Meeting City of Huntington Beach Organizational Chart distributed by the Assistant City Administrator Slide Report from the Assistant City Administrator entitled Development Services Process Improvement Report from the Assistant City Administrator dated January, 1997 entitled Development Services Process Improvement Report Late communication from Eileen Murphy dated February 18, 1997 regarding Investigation of November 4, 1996 Election Complaint Slide Report from the Community Development Department dated February 18, 1997 regarding the Oceancrest Development located at the northwest corner of Palm Avenue and Seapoint Street Communication from Councilmember Dave Garofalo dated February 18, 1997 relative to Mayor Bauer's H Item regarding the Turn of the Century Public Comments Phil Inglee, Planning Commissioner, addressed Council and presented reasons why he believed Planning Commissioner Steve Holden should remain on the Planning Commission. He stated that Mr. Holden is a voice of reason, temperance, and intellect. Mr. Inglee stated that he believes this proposed removal sends a signal to the business community that excellence and activity in city government are not always appreciated. 755 02/18/97 - City Council/Redevelopment Agency Minutes - Page 5 Louis Pando addressed Council and stated that he was offering a public apology for his past conduct in the community and stated his intention to become a member in good standing of the community. Eileen Murphy congratulated the City Council on the purchase of the Bolsa Chica acreage. She spoke against the city providing water to the Bolsa Chica. She stated that if the city does not provide the water, the mesa can be saved. Ms. Murphy asked all the people who are watching this Council meeting on cable television to attend the study session on the Bolsa Chica next Monday evening. Jacque Geier Lahti addressed Council and stated that she agreed that the Boyle Engineering Report is insufficient and incomplete. She stated that one of the most serious flaws is that it contains no negatives, the most obvious dealing with the 70-30 distribution from our water basin and the MWD (Metropolitan Water District). She stated should city water be divided with the Bolsa Chica project, they will be intruding into the city water basin and in times of drought this will be a serious consideration. She stated that there will be a mandatory cutback on water and stated her concern in this regard relative to the higher cost water from the MWD which she hoped would be allocated to the Bolsa Chica project. Ms. Lahti spoke regarding the need for the City of Seal Beach to be consulted in this matter. Jan Shomaker addressed Council regarding the listing she has on the police station modular building at the gun range site through Pier Realty that she is handling gratis for the Huntington Beach Police Officers' Association. She clarified issues involved with the sale and removal of the modular home located at the Huntington Beach Gun Range, including the fact that a private lender is involved in the transaction. (City Council) Report And Recommendation From The City Council Committee To Study The Advisability Of Establishing A Police Commission - Request For Proposal To Be Prepared And Appointments Of Mayor Pro Tern Dettloff And Councilmember Harman To Participate In The Interview Process (120.25) Councilmember Sullivan spoke regarding the work leading up to the unanimous recommendation of the City Council Committee which had been formed to study the advisability of establishing a police commission. Councilmember Sullivan stated that operational reviews of city departments occur from time to time and that he believes such a review will be beneficial_ Councilmember Garofalo complimented the committee and in particular Councilmember Sullivan for bringing up the issue of oversight. Councilmember Garofalo stated that the City Council is responsible for oversight. He stated that he believed the Council should meet once or twice a year to hear citizens' input on the Police Department. A motion was made by Harman, second Dettbff, to direct the City Administrator to prepare a Request for Proposal (RFP) for the purpose of employing the services of a qualified consultant to conduct an operational review of the Huntington Beach Police Department. The RFP is to be reviewed by the Council Committee prior to distribution. Councilmember Sullivan and Mayor Pro Tem Dettloff were appointed to participate along with staff in the interview 756 Page 6 - Council/Agency Minutes - 02/18197 processes of prospective consultants. The motion carried unanimously with Councilmember Green absent. (City Council) Appointment Of Huntington Beach City Councilmembers To Various League Of California Cities Committees (120.20) The City Council considered a communication from Councilmembers Sullivan, Harman, and Mayor Pro Tern Dettloff dated February 18, 1997. Councilmember Garofalo spoke regarding his appointment to the Juvenile Delinquency Task Force of the League of California Cities. He reported on the function of this task force in Orange County. Councilmember Garofalo listed the following committees to which Huntington Beach Councilmembers have been appointed; State League Appointments: Councilmember Julien: Member - State League Policy Committee for Employee Relations Councilmember Green: Member - State League Policy Committee for Environmental Quality Orange County League of Cities Appointments: Mayor Bauer: Vice Chairman - Selection Committee At -Large Member - Orange County Council of Governments Member - Restructuring Super Committee Councilmember Green: Member - Resolutions Committee Mayor Pro Tern Dettloff: Member - Harbors, Beaches, Parks Commission Councilmember Harman: Alternate - Local Agency Formation Committee (LAFCO) Councilmember Garofalo: Member - Local Planning Unit Advisory Committee (City Council) Report On Investigation Of November 4, 1996 Election Complaint Regarding Huntington Beach Firefighters (620.20) The City Council considered a report from the Fire Chief to the City Administrator dated February 4, 1997 regarding a citizen complaint received on November 4, 1996 alleging that on - duty firefighters were involved in political activities in front of Lucky's Market at the Newland Shopping Center on the same day as the complaint. The City Administrator presented a staff report. He referred to the letter distributed to Council in the Late Communications packet from Eileen Murphy dated February 18, 1997 which provided Ms. Murphy's account of the matter. Councilmember Sullivan stated that he did not have a problem with city employees exercising their political rights. He stated that there were firemen there with their badges on, that they did not talk to Ms. Murphy but were standing with those who were engaging in political exchanges. The Fire Chief reported that based on his investigations, there were no violations by on -duty or off -duty personnel. 757 02/18/97 - City Council/Redevelopment Agency Minutes - Page 7 (City CouncilfRedevelo ment A enc Report From The City Administrator Regarding The Subject Matter For The Adjourned_ February 24 1997 City Council Meeting The City Administrator announced that at the February 24, 1997 adjourned Council meeting closed sessions would be held on the Huntington Beach Firefighters' Association vs. City of Huntington Beach, Grievance of MEAIMEO vs. City of Huntington Beach involving PERS Benefit Conversion before the Huntington Beach Personnel Commission, and labor relations -- meet and confer with Marine Safety Officers' Association, Police Officers' Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. He stated that the open session would be held at 7:00 p.m. and would cover the Bolsa Chica Proposed Service Agreements including police, fire, and library. The City Administrator informed Council that the Huntington Beach Gun Range options would also be scheduled at this meeting. (City Council Reconsideration Of General Plan Amendment No. 96-3 - Resolution No. 97-12 - Adopted - Local Coastal Program Amendment No. 96-2 - Resolution No. 97-11 - Adopted - Negative Declaration No. 96-4 Oceancrest - Approved - Northwest Corner Of Palm Avenue And Seapoint Street (440.50) The Mayor announced that this was the meeting set for a public hearing to consider Reconsideration Of General Plan Amendment No. 96-3 - Resolution No. 97-12 - Local Coastal Program Amendment No. 96-2 - Resolution No. 97-11 - Negative Declaration No. 96-4 (Oceancrest) - Northwest Corner Of Palm Avenue And Seapoint Street. Applicant: Oceancrest Partners Request: On January 6, 1997, the City Council approved the above mentioned entitlements. On January 21, 1997, the City Council acted to reconsider their previous action because of concerns relative to the affordability level for the required eighteen (18) off -site affordable housing units. The two entitlements are as follows: General Plan Amendment No. 96-3 is a request to amend the General Plan Land Use Map from RH-30 (High Density Residential-30 Units per acre) to RL-7 (Low Density Residential-7 units per acre). This would reduce the permitted density on the site from a maximum of 30 units per acre (297 units) to 7 units per acre (69 units). The General Plan Amendment will also delete certain language in the Coastal Element of the General Plan that requires high density residential development and affordable housing on the site. Local Coastal Program Amendment No. 96-2 is a request to transmit changes in the City's Local Coastal Program (i.e., the General Plan Amendment and Zoning Map Amendment) to the Coastal Commission for approval subsequent to the City's action on these two applications. Location: Northwest corner of Palm Avenue and Seapoint Street Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. 758 Page 8 - Council/Agency Minutes - 02118/97 The Community Development Director presented a staff report and indicated that staff was supporting the request with the requirement that the eighteen (18) units be rented ,Q households earning up to 100% of the Orange County median income level. Councilmember Sullivan questioned what maximum monthly rent would be charged for an apartment unit. The Planning Director reported the figure was $1,440. Councilmember Sullivan stated he did not believe affordability had been reached; however, he applauded Councilmember Julien's efforts in this regard. The Community Development Director reported on this issue, including the 30 year Covenant which will be submitted to Council at the next meeting that will hold the developer to a cap of 100% of the median income. The Mayor declared the public hearing open. Tom Zanic, New Urban West, Incorporated, stated that his company was in support of the staff recommendation. Suzanne 13ukema spoke in support of the proposal and commended the Council, staff, and developer in working out the issue of affordable housing. She stated that it is incredible that the developer has reduced the project density by 80%. Steve May, resident of the Town Home Project across the street from the proposed development (Surfcrest), stated that he believes there is strong community support for the proposed project. There being no one further to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held regarding the reasons why presentation to Council of the Covenant needed to be delayed until the March 3, 1997 Council meeting. Mayor Pro Tem Dettloff stressed that the city needed to meet the affordability of persons in the community who rent. Councilmember Garofalo spoke regarding his previous request regarding the issue of the City Council informing the Coastal Commission by letter in the strongest language possible of the City Council's support of this project. Councilmember Julien questioned the status of the Affordable Housing Policy of the city. The Community Development Director reported on issues in this regard, including the need to work out aspects between staff and the City Attorney regarding the Nexus Study. She stated that the Affordable Housing Policy would be before the Council in the next couple of months. Councilmember Garofalo requested that every effort be made by the City Attorney's Office to review the Covenant so that it may be presented to Council on March 3, 1997. A motion was made by Garofalo, second Julien, to: . A. Approve Negative Declaration No. 96-4 with Mitigation Measures (contained in Attachment No. 6) of the Request for Council Action dated February 18, 1997 as follows: 759 02118197 - City Council/Redevelopment Agency Minutes - Page 9 Proposed Mitigation Measures 1. A minimum six (6) foot high wall shall be constructed along the project perimeter at Seapoint Street to reduce exterior noise levels to a maximum of 65 dB CNEL. 2. A recreation area, to be reviewed and approved by the Planning Commission, shall be provided within the tract to mitigate the impacts to local parks. Exterior Mitigation Requirements The purpose of this updated report is to demonstrate compliance of the Oceancrest Development (Tract 14135) Project with the City of Huntington Beach Noise Ordinance. The site is in the City of Huntington Beach at the corner of Seapoint Avenue and Palm Avenue. Outdoor living areas of the units that will be adjacent to the oil well operations are protected by the existing 10 feet high wall that separates the oil well from the property. Cal Resources, formerly called Shell Oil, operates a heliport about 400 feet northwest of the proposed Oceancrest Development. The helicopter noise will not exceed 55 dB CNEL at the nearest residential property line, which is five decibels below the exterior noise exposure standard. Therefore, no exterior mitigations will be required to meet the Huntington Beach Noise Ordinance. The lots located along Seapoint Street will be exposed to the highest noise levels. The lots along this roadway are located 60 feet from the centerline. At these distances, the noise level at the property line will be at or above 65 dB CNEL. As a result, mitigation measures will be required for the lots located along Seapoint Street. A perimeter wall, 6.0 feet in height, should be located along the top of slope between the units facing Seapoint Street and the roadway. The height of the barrier is relative to the elevation of the adjacent pad. According to the site plan, the project calls for the building of a 6 feet high community masonry theme wall adjacent to Lots 25 through 36. This barrier will reduce the first floor exterior noise levels to less than 60 dB CNEL. Interior Mitiaation Reauirements The maximum exterior noise exposure level is expected to be 64.5 dB CNEL, and the maximum exterior noise ordinance level is expected to be 60 dBA. This means the maximum exterior to interior noise reduction required would be 19.5 dB. Since most new homes built under the Title 24 energy requirements typically achieve an exterior to interior noise reduction of 20 to 25 dBA, no interior noise mitigation measures will be required for this project, which is the exterior noise exposure standard. Mitigation Measures Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating noise impacts. The effect of a noise barrier is critically dependent on the geometry between the noise source and the receiver. A noise barrier effect occurs when the "line of sight" between the source and receiver is broken by the barrier. The greater the distance the sound must travel around the wall to reach the receiver, the greater the noise reduction. 760 Page 10 - Council/Agency Minutes - 02118l97 Exterior Noise Mitigation Outdoor living areas of the units that will be adjacent to the oil well operations are protected by the existing 10 feet high wall that separates the oil wells from the property. The loudest noise levels measured during the recent survey were less than 60 dBA which does not exceed either the daytime or nighttime noise ordinance standards. The helicopter noise will not exceed 55 dB CNEL at the nearest residential property line which is five decibels below the exterior noise exposure standard. Therefore, no exterior mitigations will be required to meet the Huntington Beach Noise Ordinance. A perimeter wall, 6.0 feet in height, should be located along the top of slope between the units facing Seapoint Street and the roadway. The height of the barrier is relative to the elevation of the adjacent pad. According to the site plan, the project calls for the building of a 6 foot high community masonry theme wall adjacent to Lots 25 through 36. This barrier will reduce the first floor exterior noise levels to less than 60 dB CNEL. This barrier will not, however, reduce the noise level exposure at the second floor building face. interior Noise Mitigation The proposed project must comply with the city's interior noise exposure standard of 45 dB CNEL as well as the interior noise ordinance limits. To comply with the interior noise limits, the homes must provide sufficient outdoor to indoor building attenuation to reduce the noise to acceptable levels. The outdoor to indoor noise reduction characteristics of a building are determined by combining the transmission loss of each of the building elements which make up the building. Each unique building element has a characteristic transmission loss. For residential units the critical building elements are the roof, walls, windows, doors, attic configuration, and insulation. The total noise reduction achieved is dependent on the transmission loss of each element and the area of that element in relation to the total surface area of the room. Room absorption is the final factor used in determining the total noise reduction. Detailed engineering calculations are only necessary for homes requiring an outdoor to indoor noise reduction greater than 20 dB. The maximum exterior noise exposure level at the second floor building face is expected to be 64.5 dB CNEL, and the maximum exterior noise ordinance level is expected to be 60 dBA. This means the maximum exterior to interior noise reduction required would be 19.5 dB. Most new homes built under the Title 24 energy requirements typically achieve an exterior to interior noise reduction of 20 to 25 dBA. Subsequently, no interior noise mitigation measures and no building upgrades will be required for this project. This project will meet the interior noise standard of 45 dB CNEL assuming the windows remain closed. In order to assume that windows can remain closed, adequate ventilation with windows closed must be provided as per the Uniform Building Code. Since the outdoor -to -indoor noise attenuation of a building falls to about 12 dBA when the windows are open, any buildings within the 57 dBA CNEL contour line will meet the 45 dB CNEL interior noise standard only with windows closed, therefore requiring mechanical ventilation. Mechanical ventilation will be required for all units directly adiacent to Seapoint Street. This includes buildings on Lots 25 - 36. Air conditioning is often an acceptable substitute for mechanical ventilation as long as the system is of sound attenuating construction. 761 02118/97 - City Council/Redevelopment Agency Minutes - Page 11 B. Approve General Plan Amendment No. 96-3 by adopting Resolution No. 97-11 - "A Resolution of the City Council of the City of Huntington Beach, California Approving General Plan Amendment No. 96-3 and Negative Declaration No. 96-4" - which includes an affordable housing provision for up to 100% of the county median as set forth in Attachment No. 1 as follows: A minimum of eighteen (18) units of the total number of residential units shall be made available and restricted, for a minimum period of thirty (30) years, to persons or households earning not more than one hundred percent (100%) of Orange County median income, as defined by the U. S. Department of Housing and Urban Development_ These units may be provided at an offsite location. C. Adopt Resolution No. 97-12 - "A Resolution of the City Council of the City of Huntington Beach Adopting Local Coastal Program Amendment No. 96-2 (General Plan Amendment No. 96-3, Zoning Map Amendment No. 96-3; Negative Declaration No. 96-4) And Requesting Its Certification by the Califomia Coastal Commission" - adopting Local Coastal Program Amendment No. 96-2 requesting certification by the California Coastal Commission (Attachment No. 4). and D. Request staff to prepare a letter to the California Coastal Commission stressing the City Council's strong support of this project; said letter to be presented for the review of Councilmembers prior to forwarding to the Coastal Commission. The motion carried by unanimous roll call vote with Councilmember Green absent and Councilmember Sullivan voting "No" on Resolution No. 97-11. Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Consent To Assignment Of Professional Services Contract Between The City And NBS/Lowry, Incorporated To Perform Public Works Engineering - Development Processing And Inspection Services To Engineering Resources, Inc. - Appropriation Of Necessary Funding Consent Calendar - Items Approved On motion by Bauer, second Dettloff, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green 762 Page 12 - Council/Agency Minutes - 02/18/97 (City Council/Redevelopment Agency) Minutes - Approved And Adopted (120.65) - Approved and adopted minutes of the City Council and Redevelopment Agency adjourned regular meetings of January 31, 1997 and February 1, 1997 and regular meeting of February 3, 1997. (City Council) Repair Of Fencing At Worthy Park - Appropriation Of Funds - Approved (320,45) - Approved appropriation of $6,828 into Account No. E-AA-CS-343-390-00 to repair and install approximately one hundred and six (106) linear feet of 36" high, recycled fence material at Worthy Park. (City Council) Citizen Participation Advisory Board - Membership Resignations - Nottke, Collins, Mashita - Approved (110.20) - Accepted the resignations of Mr. Nottke, Mr. Collins, and Mr. Mashita from the Citizens Participation Advisory Board, declared that there is one vacancy and directed the City Clerk to post in compliance with the Maddy Act. (City Council) Approval Of Plans And Specifications And Sample Contract For Bids - Flounder Drive Storm Drain Pump Station Upgrades - CC-742 - Approved (600.60) - 1. Approved the sample contract subject to award of contract to the lowest responsible/responsive bidder, and 2. approved final plans and specifications and directed the City Clerk to advertise the Flounder Drive Storm Drain Pump Station Upgrade Project for sealed bids. (City Council) GAFCON Company - Agreement For Expert Witness Regarding Peck Reservoir Proiect - City v. Montgomery Watson - Appropriation Of Funds - Approved (600,10) - Appropriated an additional $3,342.32 for GAFCON's Peck Reservoir services to city and Gafcon Company. (City Council) Resolution Of Intent No. 97-10 - Adopted - Public Hearing Scheduled For April 7, 1997 - For The Vacation Of Gothard Street Between Ellis Avenue And Main Street - Pursuant To Holly-Seacliff Development Agreement (800.50) - Adopted Resolution of Intent No. 97-10 - "A Resolution Of The City Council Of The City of Huntington Beach Declaring Intent To Vacate An Easement For Public Street Purposes Over Portion Of Gothard Street Between Ellis Avt.nue And Main Street." (Result of measures outlined in the Holly- Seacliff General Plan Amendment No. 89-1, Precise Plan of Street Alignment No. 90-2, Ordinance No. 3102, and Holly-Seacliff Development Agreement.) (City Council) Bid Award GRGO And Gordon Construction - Corsican Drive Storm Drain Improvements - CC-1036 - Approved (600.60) - 1. Accepted the second low bid submitted by GRGO And Gordon Grbavac Construction Company, Temple City, California, 2. authorized the Mayor and City Clerk to execute the contract for the Corsican Drive Storm Drive Improvements, CC-1026, for a total bid amount of $57,900, and 3. authorized the Public Works Director to expend $68,190 to cover contract cost of $57,900, estimated construction change orders of $5,790, and anticipated supplemental expenses of $4,500. 763 02/18/97 - City Council/Redevelopment Agency Minutes - Page 13 (City Council) Professional Services Contract Between City And Willdan Associates For Planning Services On An As Needed Basis_- Provision Of Temporary Planning Personnel - Approval Of Amendment To Cit 's Insurance Requirements - Approved (600.10) - Approved and authorized execution of a Professional Services Contract Between The City Of Huntington Beach And Willdan Associates For Planning Services On An "As Needed" Basis and approved a waiver to the city's insurance requirements to allow a 10 day written notice to city instead of 30 days in the event Willdan's insurance is canceled for nonpayment of premiums. (City Council Resolution No. 97-9 - Adopted - Declaration Of Surplus Property And City Quitclaim Deed To Huntington Creek Homeowners' Association - Portion Of Lots 79 And 80 - Tract No. 14662 (650.80) - 1. Adopted Resolution No. 97-9 - "A Resolution Of The City Council Of The City Of Huntington Beach Declaring That The Public Interest And Necessity Requires The Disposition of Certain Surplus Property, Generally Described As A Porfion Of Lot Nos. 79 And 80 With Tract No. 14462" and 2. authorized execution by the Mayor and City Clerk of the Quitclaim Deed from the City of Huntington Beach to the Huntington Creek Homeowners' Association for a portion of Lot Nos. 79 and 80 within Tract No. 14462 and instructed the City Clerk to have the document recorded with the Orange County Recorder's Office. (City Council Acceptance Of Bonds - Tract No. 14357 - Seaview Village Partners - Happy Drive Southwest Of Talbert Avenue And Beach Boulevard - Approved (420.60) - Accepted Faithful Performance/Labor and Material Bond No. 3SM 890 751 00 and Monument Bond No. 3SM 890 752 00 and instructed the City Clerk to file the bonds with the City Treasurer. (City Council Approval Of Seismic Reliability Study Application - Professional Services Contract Between City And The Ferguson Group For Federal Representation Services - Approved (600.10) - 1. Authorized the Mayor and City Clerk to execute an agreement with the Ferguson Group, LLC, in the amount of $30,000 in payment for providing federal representation services relating to pursuit of federal grants, and 2. approved the following amendments to the City's insurance requirements: a. Waive professional liability insurance. b. Waive mandatory 30 day notice. c. Temporary waiver of a separate endorsement pending its receipt within 30 days. (City Council Approval Of Five Year Lease Agreement Between The City And Michael And Christie Bartusick HusbandlWife - dba Park Bench Cafe - Huntington Central Park (To Expire February 18, 2002) - Approved (600.35) - Approved a five-year Lease Agreement between the City and Michael and Christie Bartusick, Husband/Wife, dba "The Park Bench Cafe" and authorized the Mayor and City Clerk to execute on behalf of the City. 764 Page 14 - Council/Agency Minutes - 02/18/97 (City Council Approval Of Consultant Agreement For The Silver Lane And Storm Drain System - CC-1041 - Heil Avenue/Beach Boulevard And The Goldenwest Street Storm Drain System - CC-1042 - Intersection Of Garden Grove/Wintersbur Channel And Goldenwest Street - Northwest Of Warner - South Of Heil - Approved (600.10) - 1. Approved the selection of DMc Engineering, Irvine to prepare plans, specifications, permit processing, and cost estimates and to perform construction engineering services for the Silver Lane and for the Goldenwest Street Storm Drain projects; CC-1041 and CC-1042 respectively, and 2, approved and authorized execution of the Professional Services Contract with DMc Engineering with the following insurance modifications: (a) temporarily waive the 30 day notice requirement for cancellation on the professional liability insurance for 45 days pending receipt of the new endorsement language and (b) accept a 10 clay notice of cancellation rather than the usual 30 day notice of cancellation in the event of nonpayment of premium on the general liability policy and authorize the Director of Public Works to expend $86,540.00 to cover contract costs of $73,540.00, potential change orders of $7,000.00, and supplemental expenditures of $6,000.00; and 3. directed the City Clerk to delay executing the contract with DMc Engineering until receiving approval for the project from the Public Works Commission. (City Council Public Works Commissioner Resi nation --Chapman - Approved (110.20) Accepted the February 13, 1997 letter of resignation from the Public Works Commission submitted by Gerald Chapman, Public Works Commissioner. (City Council Consent To Assignment Of Professional Services Contract Between The City And NBS/Lowry, Inc. To Perform Public Works En ineerin - Development Processing And Inspection Services To Engineering Resources Inc. - Appropriation Of Necessary Funding -Approved, (600.10) The City Council considered a communication from the Public Works Department recommending that Council approve the Consent to Assignment of a Professional Services Contract between the city and NBS/Lowry, Incorporated to perform public works engineering, development processing, and inspection services to Engineering Resources, Incorporated and recommending the appropriation of necessary funding. At the request of Councilmember Harman, the Public Works Director reported on the funding mechanism. He stated that $1.3 million of fee revenue are anticipated. A motion was made by Harman, second Dettloff, to 1. approve and authorize the Mayor and City Clerk to execute the Consent to Assignment of Professional Services Contract between the City and NBS/Lowry, Incorporated contract to provide development processing, engineering, project facilitation, environmental document review, and construction inspection services for proposed private and public facilities to Engineering Resources of Southern California, Incorporated; 2. approve the recommendations of the City's "Settlement Committee" to accept a City Attorney approved "Letter of Credit" in addition to the required insurance. The Letter of Credit will satisfy the city's current zero deductible policy; 3. appropriate funds in the amount of $514,500 ($484,500 in General Funds and $30,000 in Water Master Plan Funds) to be used to compensate Engineering Resources, Incorporated. This $514,500 will be added to the $180,000 already budgeted to cover the contract amount of $649,500 as previously approved; and 4. direct the Purchasing Manager to issue a new 765 02/18197 - City CouncillRedevelopment Agency Minutes - Page 15 purchase order to Engineering Resources, Incorporated for the balance of the existing purchase order to NBS/Dowry, Incorporated (No. 2228443A) in addition to the $514,500 appropriated above. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Green (City Council) Ordinance No. 3347 - Introduction Approved -_Approval Of Modified Truck Ordinance And Negative Declaration No. 96-6 - Environmental Assessment - Approved (640,10) The City Council considered a communication from the Public Works Director transmitting proposed Ordinance No. 3347 relative to Section 35700 of the CVC (California Vehicle Code) which gives the legislative body of any county or city the authority (by ordinance) to permit truck traffic upon highways in its jurisdiction. This section allows the maximum gross weight of vehicles and loads to exceed the maximum specified in Division 15 of the CVC. The City Council designates certain streets or portions of streets as routes that can be used by any vehicle exceeding the maximum specified in Division 15 of the CVC. The Director of Public Works is authorized to designate these streets as "truck routes" by use of appropriate signs where, in his opinion, such designation is required. A copy of Ordinance No. 3347 which sets forth which city streets are to be specified as "truck routes" available in the City Clerk's Office. Mayor Bauer commented that a recent newspaper article had stated that one of these ordinances in an Orange County city had been challenged. A motion was made by Sullivan, second Harman, to approve introduction of Ordinance No. 3347 after a reading by title by the Deputy City Clerk - 'An Ordinance Of The City Of Huntington Beach Amending Chapter 10-24 Of The Huntington Beach Municipal Code Pertaining to Truck Routes." The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: (City ouncil) Removal of Planning Commissioner Holden - Approved - Appointment Of Gerald Chapman As Councilmember Harman's A ointee To The Plannin Commission - Approved (110.20) The City Council considered a communication from Councilmember Harman dated February 13, 1997 regarding his decision to make a new appQa Q eftt to the Planning Commission. . 766 Page 16 - Council/Agency Minutes - 02/18/97 A motion was made by Harman, second Sullivan, to approve the removal of Planning Commissioner Steven Holden as Councilmember Harman's appointee to the Planning Commission effective immediately. Comments were made by Council regarding Planning Commissioner Holden's fine record of service on the Planning Commission. Mayor Pro Tern Dettloff stated that she opposed the method by which removal must be done. The motion made by Harman, second Sullivan, carried by the following roll tail vote: AYES: Harman, Dettloff, Bauer, Sullivan NOES: None ABSENT: Green ABSTAIN: Julien, Garofalo Councilmember Harman announced that Dr. Gerald Chapman would be his new appointee to the Planning Commission. (City Council) Discussion And Possible Action On How Huntington Beach Should Celebrate The Year 2000 - Report On Options To Be Made (960.20) The City Council considered a communication from Mayor Bauer regarding the possibility of forming a special committee or directing that the Fourth of July Committee be assigned the task of determining how the city should celebrate the year 2000. Considerable discussion was held. Council determined that the Mayor would confer with staff and others who have an interest regarding a report of options for the year 2000 celebration. Adjournment - City CouncillRedevelopment Agency The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, February 24, 1997 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City C rk and ex-officio Clerk ofthe City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: �* &"a" ' A� Ag;u� - City Clerk/Clerk Mayor/Chairman 767