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HomeMy WebLinkAbout1997-03-17MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Monday, March 17, 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 COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Dettloff, Bauer, Sullivan, Green, Garofalo, (Harman arrived at 5:20 p.m.) Absent: None (CITY COUNCIL) STUDY SESSION - REPORT ON INDUSTRIAL DEVELOPMENT IN THE CITY OF HUNTINGTON BEACH - ECONOMIC DEVELOPMENT DEPARTMENT (460.30) Economic Development Director Biggs and Project Manager Jim Lamb presented an industrial update staff report dated March 17, 1997. The report included background on industrial use in Orange County, jobs created from industrial businesses, the types of manufacturing businesses in the city and number of jobs, the major industrial employers, effect of the aerospace employers and related businesses in the city, and a review of a map of the industrial areas. The City Clerk announced that the following communication on this item had been provided to the City Council: Slide Report dated March 17, 1997 titled City of Huntington Beach Industrial Update Discussion was held between Councilmember Harman and Economic Development Director Biggs regarding the effect on the Southern California Edison power plant facility in the City of Huntington Beach from utilities deregulation. Councilmember Harman stated that it was important to keep aware of this issue as the city does not want to be in the position of having the plant expanded and the electrical energy sold out of state. 805 Page 2 - CouncillAgency Minutes - 03/17/97 Project Manager Lamb continued with a staff presentation which covered the Gothard Corridor industrial area; northwest industrial area dominated by the McDonnell Douglas Corporation and including the final Weiser Lock site; McDonnell Centre Business Park and the new industrial businesses which will be moving in; and the former Weiser Lock site, including the United Parcel Service (UPS) portion of the property and the Weiser portion of the property. He completed his report with information regarding the current movement to industrial development and the fact that there are few large sites left in the city or county. Mr. Biggs responded to Councilmember Garofalo's question regarding plans to upgrade the appearance of the Gothard Corridor. Mayor Bauer stated that it may be of interest for staff to keep statistics of new jobs created in the city. MOTION TO RECESS TO CLOSED SESSION -APPROVED (120.80) A motion was made by Harman, second Dettloff, to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote. Closed Session - City Council pursuant to Government Code Section 54955.9(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. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation. (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of Potential Cases 1 or 2. Subject: Challenge to Personnel Commission Decision in MEAIMEO vs. City of Huntington Beach. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Huntington Beach Association dba The Huntington Apartments vs. City of Huntington Beach - West Orange County Municipal Court Case No. 22 07 54. Subject: Huntington Beach Association dba The Huntington Apartments vs. City of Huntington Beach. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Southern California Underground vs. City - Orange County Superior Court Case No. i65997. Subject: Southern California Underground vs. City. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City of Huntington Beach vs. Montgomery Watson et al. - Orange County Superior Court Case No. 765940. Subject: City of Huntington Beach vs. Montgomery Watson. (120.80) :1. 03/17/97 - City Council/Redevelopment Agency Minutes - Page 3 RECONVENE The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by representatives from all levels in Girl Scouting (Daisies, Brownies, Juniors, Cadettes, and Seniors from various troops in Huntington Beach). PRESENTATION - By Mayor Bauer and the City Council of a Proclamation to Alberto Sandoval, representing Dana Rohrabacher, 45th District Congressional Representative, proclaiming the week of March 24-30, 1997 as the Huntington Beach Community Development Week. (120.60) PRESENTATION - By Mayor Bauer and the City Council of a Proclamation to Paula Coker, Community Relations Coordinator, Girl Scouts of Orange County, proclaiming March 12, 1997 as Be Your RestQaywhich falls during Girl Scout Week. (120.60) PRESENTATION - To Mayor Bauer and the City Council of checks for a Community Bandstand Facility. A check in the amount of $10,000 from FANS (Friends and Neighbors of Seacliff) representatives Suzanne Beukema, Bill Holman, and Jim Xanthankis and a check for $1,500 from Brady Flesner of Target Stores. Mayor Bauer announced concert band performances to be scheduled at the bandstand facility. (160.40) PRESENTATION - Police Chief Lowenberg presented the Ambassador of Peace Award to Mayor Ralph Bauer and Mayor Pro Tempore Shirley Dettloff from the Violence Prevention Coalition of Orange County. Mr. Ken Inouye, representing the Orange County Human Relations Council, extended his appreciation to Council. Mr. Charles Thomas, representing the city's Human Relations Task Force, was also in attendance. (160.40) 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: Slide Report for the Study Session on Industrial Development dated March 17, 1997 titled City of Huntington Beach Industrial Update :1 j Page 4 - Council/Agency Minutes - 03/17/97 Page Nos. 2A and 213 - Agenda revised pages from the City Clerk's Office adding information regarding the Pledge of Allegiance and presentations to/from the City Council Page No. 5 - Agenda revised page from the City Clerks Office adding wording inadvertently left out of the Recommended Action on the public hearing regarding the Annual Review of the Waterfront Development Agreement Communication from the Managed Competition Committee, Chair Pam Julien, Dave Sullivan and Dave Garofalo dated March 17, 1997 regarding the David M. Griffith Report on Competitive Bidding of Certain Public Works Functions Slide report from the Community Development Department dated March 17, 1997 regarding the Annual Review of Waterfront Development Agreement Slide report from the Community Development Department dated March 17, 1997 regarding the General Plan Amendment No. 96-1 - Zoning Map Amendment No. 96-1 - Local Coastal Program Amendment No. 96-1 - Negative Declaration No. 96-2 - (Property located between 21 st and 22nd Street and bounded by Pacific Coast Highway and the north/south alley) Communication from Flossie Horgan dated March 17, 1997 in opposition to General Plan Amendment No. 96-1 - Zoning Map Amendment No. 96-1 - Negative Declaration No. 96-2 and Local Coastal Program Amendment No. 96-1 Communication from Paul Horgan dated March 13, 1997 in opposition to General Plan Amendment No. 96-1 - Zoning Map Amendment No. 96-1 - Negative Declaration No. 96-2 and Local Coastal Program Amendment No. 96-1 Communication from Carol and Tim Wimbish in opposition to General Plan Amendment No. 96-1 - Zoning Map Amendment No. 96-1 - Negative Declaration No. 96-2 and Local Coastal Program Amendment No. 96-1 Communication received from the Assistant City Administrator from Vicki L. Wilson, Director, Integrated Waste Management Department dated March 17, 1997 regarding revised Page Nos. 5, 13, 19, 20, and 30 to the Waste Disposal Agreement City Treasurer's Investment Summary Slide Report dated March 17, 1997 and a corrected page of the City Treasurer's Portfolio Master Summary dated January 31, 1997 Replacement Page No. 30 to Request for Council Action from the Fire Chief and Public Works Director dated March 3, 1997 regarding Ordinance No. 3348 for non-exclusive franchise to install Wireless Communication Radio Network in city right-of-way PUBLIC COMMENTS PHILIP BURTIS, Community Emergency Response Team (CERT) representative, thanked the Mayor; Council; Fire Chief Dolder; Glorria Morrison, Emergency Services Coordinator; and the entire Emergency Services staff for their support of CERT. He explained the CERT Program and invited all members of the community to join. He invited all who live or work in the city to take advantage of their training in personal, neighborhood and business disaster preparedness. He spoke regarding the activities, including the following forthcoming classes_ :1: 03/17/97 - City Council/Redevelopment Agency Minutes - Page 5 First Aid, Triage, Light Search and Rescue, Shelter Care and more. He stated CERT provides speakers to groups and neighborhoods and publishes a free monthly newsletter. JUDY ANN MORRIS, Community Emergency Response Team (CERT) member, spoke regarding the importance of city employees knowing their families are cared for when the employees are called upon to serve the city in the capacity of a disaster worker. She invited new employees to a special class for city employees to be held March 20, 1997 in the Council Chamber. Ms. Morris challenged Council to attend another forthcoming CERT class. DAVID TAMARIN, Community Emergency Response Team (CERT) representative, extended an invitation to all members of the community to attend CERT classes. He announced the phone number (536-5980) and urged participation. MAUREEN SHRUBSOLE spoke regarding two elephants that had died which had belonged to Circus Vargas. She informed Council of the abuses to which elephants are subjected in order to train them for circus acts. She urged Council support for not allowing Circus Vargas to hold performances in the City of Huntington Beach. BOB BINDLE, Huntington Beach Tomorrow representative, spoke in opposition to providing water to the Koll Company development. He informed Council that he had attended the League of California Cities seminar for Planning Commissioners in Monterey and presented information from the seminar demonstrating that it has been a losing proposition in every instance for cities to sell services in such situations as which the city now faces. He referred to Mr. Moltaris' article in the March issue of Western Cities and requested that Council take notice. EILEEN MURPHY requested that the Council vote "No" on the Agenda Item relative to the Solsa Chica Service Delivery issue. She stated her reasons for opposition to this agenda item, including the effects of the recent voter approved Proposition 218 and the City Charter which states that if the city has no surplus water it cannot provide it to others. BOB WINCHELL distributed a copy of a letter from Huntington Beach Tomorrow dated March 17, 1997 to the members of the City Council and City Clerk titled Statement to the Huntington Beach Council on Agenda Item F-2: Request for Council Action and Status on Bolsa Chica Service Delivery Issues. He read the communication to Council. Mr. Winchell requested that Council adopt the motions proposed within this communication. He presented an overhead of the report prepared by a city consultant. This report was also a part of the Huntington Beach Tomorrow communication. NANCY DONAVEN, Bolsa Chica Land Trust, spoke regarding her reasons for opposing the sale of water to Koll Company, including lack of funds for infrastructure. She informed Council that she believed the city did not drive the Koll Company to the county as Koll's commitment to the Coalition Plan was only skin deep. JUANA MUELLER stated that after listening to facts at the February 24, 1997 Council meeting, she was more sure that the city should not sell water to the Koll Company. She stated that there are many other issues in this city to which staff should attend. Ms. Mueller informed Council that the city should be doing everything it can to save the Bolsa Chica. She requested that Council vote to tell the Koll Developers to find water elsewhere. 09 Page 6 - Council/Agency Minutes - 03/17/97 JEFF METZEL informed Council of the questions he had after reading the Request for Council Action on tonight's agenda, including are there other developers besides Koll in this Bolsa Chica area and if so, will they be bound by the negotiations set forth in the agenda material on this item; which reservoirs will supply water to the fires fought in the Balsa Chica area by Huntington Beach firefighters; if there are major fires in the Bolsa Chica development as well as Huntington Beach, who will have priority for the Fire Department and for water. JOEL SHELDON spoke in opposition to providing water to the Koll Company. He stated he favored the Bolsa Chica Land Trust plan for interpretive tours for our children and their children. Mr. Sheldon spoke regarding the need people have for these passive areas. MARGE ALLEN spoke regarding her trip to Japan and Thailand where there is a great deal of water unlike the circumstances in Southern California. She spoke regarding the dry years that people experience in Southern California which causes them to get in touch with their semi- arid environment. Ms. Allen stated that the city is fortunate to have local water but that the extra water the city requires comes from the Municipal Water District. She spoke regarding the city's rising population, stating that 14,000 more residents are anticipated, not counting those residents from the Koll Development project. TONI SQUIRES urged Council to recognize the portion of the Balsa Chica that backs up to Edwards Hill is a wetland. She stated that it disturbs her to see the dirt being leveled out. Ms. Squires informed Council that she does not trust a company that makes a video stating that the wetlands are a wasteland. Ms. Squires informed Council how proud she was when she read the Human Dignity Proclamation adopted by the City Council and community members stating that it made her proud to be a citizen of Huntington Beach. She informed Council that she had distributed the proclamation to many schools. ROSS RAUH presented a communication dated March 14, 1997 and two photographs to the City Council and the City Clerk regarding Bayview Drive and referred to a chart of the area. Mr. Rauh stated he was representing ten residents. He spoke regarding the parking proposal which he believes is being considered by the city for Intrepid Lane. Mr. Rauh stated his concern for the parking needs of the residents of Bayview Drive and requested that the matter be looked into. He stated the Mayor had held a meeting but the residents he represents had not been included. Mayor Bauer stated that he would be glad to attend a meeting of their group. He stated that the city was trying to learn the facts of this matter and that there is also an added complexity which has to do with the Coastal Commission requirements for parking. BILL WESTON spoke regarding the need for help to install a decent rest room at the Greer Park ball field; one with a lock on the door. He spoke regarding the problems experienced and presented a petition to the City Clerk listing approximately 62 signatures. DENNIS SATO spoke regarding his understanding that due to the construction of Pier Plaza, a fence will be built blocking access to the beach except down First or Ninth Streets. He requested that Council reconsider the previous plan which had beach access. The Community Services Director, at the request of Council, reported that access to the beach will remain throughout the Pier Plaza construction period. 810 03/17/97 - City Council/Redevelopment Agency Minutes - Page 7 JERRY HEIN requested that an ordinance be prepared to ban traveling companies, usually circuses, using animals due to the abuse experienced by the animals. JOHN BRISCOE spoke regarding the Fire Department personnel disability retirement record. He requested a remedy to what he believed was an unacceptable record. JANE GARRISON spoke in opposition to Circus Vargas being allowed to hold performances in the City of Huntington Beach due to their record of poor care of elephants. She spoke regarding the fact that the elephants under Circus Vargas' care had tuberculosis and were forced to perform with children riding on their backs. She stated that the type of TB from which the elephants suffered was transferable to humans. She informed Council that the elephants had died. Ms. Garrison presented statistics on the issue including health statistics. She informed Council that the city was exposing itself to liability if the circus is allowed to perform. She presented a video for Council to review at a later date. BREANA MERRIWEATHER urged Council to adopt an ordinance prohibiting circuses from performing in the City of Huntington Beach. EVELYN OYNEBRAATEN spoke regarding her efforts with agencies to help the Circus Vargas elephants which had not been successful. She requested that Council not put the public and especially babies and children at risk of possibly dying of tuberculosis due to being exposed to the elephants. ANITA CARSWELL spoke regarding the list of violations she had compiled on Circus Vargas, including the lack of veterinary records on the elephants which are required by law. She read a list of violations, including sanitary issues, lack of medical records, tusks too long (starting to cross each other) which could cause major injury. She stated that only two health inspections were made in 1995 and no inspections had been performed in 1996 or 1997. She requested the circus not be allowed to perform, putting the children at risk. VERN HALL referred to an article in the Los Angeles Times regarding the financial travails of Newport Beach relative to the library project with the Koll Company. He stated that there is a $3 million difference of opinion between the City of Newport Beach and Koll Company and that the City of Newport Beach is not getting what they were expecting. BILL GREGORY, Surfrider Foundation member, thanked the Community Services Director for working out coastal access during the construction of the Pier Plaza Project. He requested that the city work toward showing Koll that the Bolsa Chica is not a giveaway. He urged Council to return to the momentum of saving all of the Bolsa Chica. (CITY COUNCIL) REPORT REQUESTED REGARDING PUBLIC COMMENTS ON CIRCUS VARGAS Councilmember Harman questioned if Circus Vargas is to return to the City of Huntington Beach. He was informed by the Community Services Director that city staff is in the process of reviewing their request for a permit to hold a circus in May, 1997. 811 Page 8 - Council/Agency Minutes - 03/17/97 (CITY COUNCIL) REQUEST FOR STAFF INVESTIGATION OF PUBLIC CONCERNS REGARDING CIRCUS VARGAS Councilmember Harman stated that he had not known that tuberculosis could be transferred to people from elephants. The Community Services Director stated that if the health permit certificates have been approved by the county for the circus, it would be difficult for the city to deny a permit based on health violations. He informed Council that he would check into this with the county and the city's Specific Events Committee. Mayor Bauer stated that this appears to be a very serious matter and requested that the City Administrator prepare a report and that it go beyond perusing the health records. Councilmember Sullivan questioned if the city had the ability to just deny the request for a permit. The Community Services Director stated that the city did have the ability to do so; that there are appeal provisions in the city ordinance code with court action as the last avenue. (CITY COUNCIL) REPORT FROM CITY COUNCIL COMMITTEE ON MANAGED COMPETITION REGARDING DAVID M. GRIFFITH REPORT ON COMPETITIVE BIDDING OF CERTAIN PUBLIC WORKS FUNCTIONS (600.10) The City Council considered a communication from the City Council Committee on Managed Competition relative to the David M. Griffith Report on Competitive Bidding of Certain Public Works Functions. 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 the Managed Competition Committee, Chair Pam Julien, Dave Sullivan and Dave Garofalo dated March 17, 1997 regarding the David M. Griffith Report on Competitive Bidding of Certain Public Works Functions The City Councilmembers commended the Council Committee for its work. (CITY COUNCIL) SALES TAX - QUARTERLY CONSULTANT REPORT The City Administrator reported on the quarterly sales tax report, including a comparison with sales tax revenues of other cities. He spoke regarding the need to encourage buying in Huntington Beach so that the city can provide the services the residents request. (CITY COUNCIL) URBAN INSTITUTE COMMUNITY ORIENTED POLICING STUDY The City Administrator reported on the Urban Institute Community Oriented Policing Study established by President Clinton. He informed Council that the City of Huntington Beach is one of 30 cities participating in this study. The City Administrator informed Council that the city believes the program is very effective. 812 03/17/97 - City Council/Redevelopment Agency Minutes - Page 9 (C11Y COUNCIL) PIER PLAZA CONSTRUCTION - BID OPENING RESULTS The City Administrator informed Council that bids had been received on March 12, 1997 from ten companies. He stated that the low bidder had miscalculated his figures and had requested to withdraw his bid. He explained the bid award process, stating that a recommendation would be made to the City Council relative to the bid award sometime in April. (CITY COUNCIL) REPORT FROM FIRE CHIEF REGARDING FIRE DEPARTMENT PERSONNEL DISABILITIES At the request of Councilmember Garofalo, the Fire Chief reported on disabilities in the Fire Department, the subject referred to by Mr. Briscoe during the Public Comments portion of the meeting. He informed Council that all public records on this subject had been provided and that medical records are not public record. The Fire Chief stated that the Fire Department's policy is to keep employees fit and capable. He stated that Mr. Briscoe's comments were taken out of context. The City Administrator informed Council that he would supply Council with information as to how many retirements there are and the category of retirement. He stated his support for the comments made by Fire Chief Dolder. (CITY COUNCIL) PUBLIC HEARING - CONTINUED OPEN FROM MARCH 3, 1997 - ANNUAL REVIEW OF THE WATERFRONT DEVELOPMENT AGREEMENT - ROBERT L. MAYER - APPROVED (600.30) The Mayor announced that this was the meeting set for a public hearing to consider the Annual Review of the Waterfront Development Agreement. Applicant: Robert Mayer Corporation/City of Huntington Beach Request: Annual review of developer's compliance with the Waterfront Development Agreement Location: North side of Pacific Coast Highway between Huntington Street and Beach Boulevard The Community Development Director presented a staff report. She announced that a new page had been distributed to Council setting forth additional wording in the motion recommended to the Council for adoption. Mayor Bauer declared the public hearing open. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Slide report from the Community Development Department dated March 17, 1997 regarding the Annual Review of Waterfront Development Agreement 813 Page 10 - Council/Agency Minutes - 03/17/97 There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Harman, second Garofalo, to approve the Annual Review of the Waterfront Development Agreement and deem the developer, Robert L. Mayer, in substantial compliance with the terms and conditions of the Agreement subject to the facts and circumstances set forth in Attachment No. 2 to the Request for Council Action dated March 17, 1997. The motion carried unanimously. (CITY COUNCIL) PUBLIC HEARING - RESOLUTION NO. 97-17 - ADOPTED AS AMENDED - GENERAL PLAN AMENDMENT NO. 96-1 - LOCAL COASTAL PROGRAM NO. 96-1 - NEGATIVE DECLARATION NO. 96-2 - APPROVED INTRODUCTION OF ORDINANCE NO. 3351 - ZONING MAP AMENDMENT NO. 96-1 - RESOLUTION NO. 97-18 - ADOPTED - CERTIFICATION FROM CALIFORNIA COASTAL COMMISSION OF LOCAL COASTAL PROGRAM NO. 96-1 - NORTH OF PACIFIC COAST HIGHWAY - SOUTH OF WALNUT STREET - ALLEY BETWEEN 21 ST AND 22ND STREETS (440.50) The Mayor announced that this was the meeting set for a public hearing to consider Resolution No. 97-17 - General Plan Amendment No. 96-1 - Local Coastal Program No. 96-1 - Negative Declaration No. 96-2 - Introduction Of Ordinance No. 3351 - Zoning Map Amendment No. 96-1 - Resolution No. 97-18 - Certification From California Coastal Commission Of Local Coastal Program No. 96-1 - North Of Pacific Coast Highway - South Of Walnut Street - Alley Between 21 st And 22nd Streets. Applicant: Mike Adams Request: To redesignate ten (10) lots on .88 net acres from Mixed Use and Visitor -Serving Commercial to High Density Residential Location: North Pacific Coast Highway, south of Walnut Street and the alley, between 21 st and 22nd Streets. Communication received from Eileen Murphy dated March 11, 1997 in opposition to approval of General Plan Amendment No. 96-1. rezoning 10 lots to high density residential The Community Development Director informed Council that a video presentation and staff report would be presented by Senior Planner Linda Niles. Senior Planner Niles presented a staff report. She responded to Councilmember Garofalo's questions regarding land configuration and number of units. She responded to Councilmember Green's request for clarification regarding the staff report, including the issue of compatibility and density. The Senior Planner reported on Councilmember Dettloff's questions as to whether there is any way the city could assure the surrounding property owners that there will be single family dwellings only on the property. Ms. Niles stated that the exact same type of zoning as the neighborhood currently has is planned_ 814 03/17/97 - City Council/Redevelopment Agency Minutes - Page 11 The -Community Development Director and Senior Planner Niles stated that the property owner has stated they will have single family housing developed; however, there is no mechanism to require this. The Council was informed that to mandate single family housing would require an amendment to the Downtown Specific Plan. In response to Councilmember Harman, the Community Development Director stated that if the application came in from the property owner for single family development, the Downtown Specific Plan could be amended and the single family projects go forward. Mayor Bauer declared the public hearing open. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council; Slide report from the Community Development Department dated March 17, 1997 regarding the General Plan Amendment No. 96-1 - Zoning Map Amendment No. 96-1 - Local Coastal Program Amendment No. 96-1 - Negative Declaration No. 96-2 - (Property located between 21st and 22nd Street and bounded by Pacific Coast Highway and the north/south alley) Communication from Flossie Horgan dated March 17, 1997 in opposition to General Plan Amendment No. 96-1 - Zoning Map Amendment No. 96-1 - Negative Declaration No. 96-2 and Local Coastal Program Amendment No. 96-1 Communication from Paul Horgan dated March 13, 1997 in opposition to General Plan Amendment No. 96-1 - Zoning Map Amendment No. 96-1 - Negative Declaration No. 96-2 and Local Coastal Program Amendment No. 96-1 Communication from Carol and Tim Wimbish in opposition to General Plan Amendment No. 96-1 - Zoning Map Amendment No. 96-1 - Negative Declaration No. 96-2 and Local Coastal Program Amendment No. 96-1 EILEEN MURPHY addressed Council in favor of single family development; however, she was opposed to high density development. JIM MARTIN addressed Council in opposition to the proposed project, stating that he believes the community was being destroyed by removing commercial and putting residential development in its place, especially on Pacific Coast Highway. He requested that shops and restaurants be developed so that he does not have to go the Newport Beach. JAN HALL informed Council that she was concerned about the type of zoning requested and that down the road high density would be requested. She stated that she does not believe renters will benefit the city. MIKE ADAMS, representative of the applicants, addressed Council and stated that they would not be opposed to having a condition that a covenant be placed on the project which would ensure the establishment of single family developments on the property. He stated that he understood the concerns which have been stated but that he believed this problem had been caused by a glitch in the system. Mr. Adams responded affirmatively to Councilmember Garofalo's question regarding the fact that the intent of the property owners is to develop single family homes. 815 Page 12 - Council/Agency Minutes - 03/17/97 There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Councilmember Sullivan stated that he would like to see something placed in the conditions to ensure that 26 units will not be built on the property. He referred to the covenant mentioned by Mr. Adams. The Community Development Director stated that it is possible to place such a condition on the property. In response to Mayor Bauer, the Community Development Director stated that she believed it could be made part of the motion tonight and that she would inquire of the City Attorney in this regard. The Community Development Director stated the recommended language to be included in the motion as follows: that concurrent with the issuance of a building permit, each property owner will be required to record a covenant stating that the property will only be used for development of a single family dwelling. A motion was made by Dettloff, second Green, to approve the following actions: A. Approve Negative Declaration No. 96-2 with Mitigation Measures (contained in Attachment No. 4 to the Request for Council Action dated March 17, 1997) and add the following mitigation measure: "Any application for future residential projects will require a uniform 25 foot wide landscape buffer along Pacific Coast Highway on each lot, and to guarantee a single family residence development that a covenant or mechanism be added by the language set forth by the language recommended by the Community Development Director." and B. Approve General Plan Amendment No_ 96-1 and Local Coastal Program Amendment No. 96-1 by adopting Resolution No. 97-17 (Attachment No. 1 to the Request For Council Action dated March 17, 1997) - "A Resolution Of The City Council Of The City Of Huntington Beach, California Approving General Plan Amendment No. 96-1, Local Coastal Program Amendment No. 96-1, And Negative Declaration No. 96-2." and C. Approve Zoning Map Amendment No. 96-1 with Findings by approving, after a reading by title by the City Clerk, introduction of Ordinance No. 3351 (Attachment No. 2 to the Request for Council Action dated March 17, 1997) - "An Ordinance Of The City Of Huntington Beach Amending The Downtown Specific Plan To Redesignate The Real Property Generally Located Between Pacific Coast Highway And Walnut Avenue, And Between 21st and 22nd Streets From Downtown Specific Plan District 1 (Visitor Serving Commercial) To Downtown Specific Plan District 2 (Residential)." and 03/17/97 - City Council/Redevelopment Agency Minutes - Page 13 D. -Adopt Resolution No. 97-18 requesting Certification from the California Coastal Commission of Local Coastal Program Amendment No. 96-1 (Attachment No. 3 to the Request for Council Action dated March 17, 1997) - "A Resolution Of The City Council Of The City Of Huntington Beach Adopting Local Coastal Program Amendment No. 96-1 (General Plan Amendment No. 96-1; Zoning Map Amendment No. 96-1; Negative Declaration No. 96-2) And Requesting Its Certification By The California Coastal Commission. " In response to a question by Councilman Harman, Mike Adams, applicant, clarified that the owners wanted to have permission to build one house on a 50 foot lot (to combine two lots). Mayor Bauer stated that Mr. Adams' assurance is implicit in the motion. Following a reading by title by the City Clerk of Ordinance No. 3351, the motion made by Dettloff, second Green, carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) PUBLIC HEARING CONTINUED OPEN TO APRIL 7, 1997 - INTRODUCTION OF ORDINANCE NO. 3350 - CODE AMENDMENT NO. 96-2 - RESOLUTION NO. 97-16 - LOCAL COASTAL PROGRAM AMENDMENT NO. 96-3 - HOLLY-SEACLIFF SPECIFIC PLAN - SOUTH OF ELLIS - NORTH OF PALM - WEST OF MAIN - EAST OF CITY BOUNDARY (450.30) The Mayor announced that this was the meeting set for a public hearing to consider introduction of Ordinance No. 3350 - Code Amendment No. 96-2 - Resolution No. 97-16 - Local Coastal Program Amendment No. 96-3 - Holly-Seacliff Specific Plan - South Of Ellis - North Of Palm - West Of Main - East Of City Boundary. Applicant: PLC Request: To amend the Holly-Seacliff Specific Plan to allow RL-3 development (Low Density Residential) in areas designated for RM (Medium Density Residential) and RMH (Medium -High Density Residential) and to modify the development standards for residential development regarding setbacks and open space. The sections of the Holly-Seacliff Specific Plan proposed are: III-B (Definitions) and III-D.1-D.3 (Development Standards). Location: The Holly-Seacliff Specific Plan area is generally located south of Ellis Avenue and north of Palm Avenue between Main Street and the City's western boundary. Mayor Bauer declared the public hearing open. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. 817 Page 14 - Council/Agency Minutes - 03/17/97 A motion was made by Green, second Sullivan, to continue the public hearing open on Code Amendment No. 96-2 and Local Coastal Program Amendment No. 96-3 to April 7, 1997. The motion carried by unanimous vote with Councilmember Garofalo absent from the room. RECESS - RECONVENE The Mayor recessed the City Council and Redevelopment Agency meetings at 9:50 p.m. The meetings were reconvened at 10:07 p.m. in the Council Chamber. CONSENT CALENDAR ITEMS REMOVED FROM AGENDA AT THE REQUEST OF THE CITY ADMINISTRATOR At the request of the City Administrator, the following Consent Calendar Agenda Items were removed from the agenda to be considered at a later date: Notice Of Completion - Reservoir Hill Booster Station Project - CC-534 - Schuler Engineering Corporation - Ellis Avenue - Huntington Street - Clay Avenue - Linear Park Recognition Of The Huntington Beach Human Relations Task Force And Its Members As An Official Working Group Of The City Of Huntington Beach Resolution No. 97-19 - Amends Authority Of Claims Review Board - Establishes Authority Of Legal Affairs Committee - To Enter Into Settlement Agreements Resolution No. 97-20 - Administrative Insurance Waiver Process - Establishes Minimum Insurance And Indemnity Requirements CONSENT CALENDAR ITEMS REMOVED FROM THE AGENDA BY CITY COUNCILMEMBERS FOR SEPARATE CONSIDERATION The following Consent Calendar Items were removed from the Agenda by City Councilmembers for separate consideration: Request By Shea Homes - For City Council Consent To Pending Sale Of Parkside Project - To Greystone Homes - In Holly-Seacliff Development Agreement Area Approval Of Draft Mobile Home Survey Questionnaire - From Lawrence Research Professional Services Contract - Tele-Works, Inc. - 24-Hour - 7 Day Per Week - Automated Citizen's Information System (AC1S) CONSENT CALENDAR - ITEMS APPROVED On motion by Dettloff, second Garofalo, Council approved the following Consent Calendar items as recommended by the following roll call vote: 818 03117/97 - City Council/Redevelopment Agency Minutes - Page 15 AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCILfREDEVELOPMENT AGENCY) MINUTES - APPROVED AND ADOPTED (120.65) - Approved and adopted minutes of the City Council and Redevelopment Agency adjourned regular meetings of February 24, 1997, February 25, 1997, and regular meeting of March 3, 1997. (REDEVELOPMENT AGENCY) REHABILITATION OF FIVE REDEVELOPMENT AGENCY MOBILE HOMES AT OCEAN VIEW ESTATES - AGENCY FUNDED CONSTRUCTION CONTRACT - J. K. CONSTRUCTION - APPROVED (600.30) - Approved the Agency funded construction contract between the Redevelopment Agency of the City of Huntington Beach and J. K. Construction for rehabilitation of five mobile homes at Ocean View Estates, 7051 Ellis Avenue, for $25,940.00, plus a 20% contingency, for a total amount of $31,128.00, (Space Nos. 15, 19, 20, 31 and 44) including a $250.00 deductible on J. K. Construction's insurance coverage, and authorized execution by the Chairman and the Clerk. (CITY COUNCIL) RELOCATION OF PUBLIC DOCK SEWER LINE - WARNER FIRE STATION - AMENDMENT TO CURRENT YEAR BUDGET - APPROVED (320.45) - Approved an Amendment to the current year budget by appropriating $12,000 into Account No. E-AA- CS-343-3-90-00 for the purpose of contracting for the realignment of the sewer line from the public dock pump -out station around the Warner Fire Station. (CITY COUNCIL) TAX EXEMPT BONDS TO FINANCE, ACQUIRE, CONSTRUCT AND EQUIP 800 MHz COMMUNICATION SYSTEM - A PORTION OF CAPITAL IMPROVEMENTS RELATED TO PIER PLAZA - PROFESSIONAL SERVICES AGREEMENTS - MUSICK, PEELER AND GARRETT - JONES, HALL, HILL AND WHITE AND APPROVAL OF INSURANCE DEDUCTIBLE - APPROVED (600.10) - Approved and authorized execution by the Mayor and City Clerk of Professional Services Agreements between the city and Musick, Peeler And Garrett to serve as Bond Counsel in connection with the Tax Exempt Financing; and Jones, Hall, Hill And White to serve as Disclosure Counsel, and accepted a deductible of $250,000 with a certificate of insurance stating that the insurer will endeavor to provide notice of any cancellation. (CITY COUNCIL) CITY BUDGET AMENDMENT - TO INCREASE CITY ATTORNEYS LEGAL SERVICES ACCOUNT IN OUTSIDE LEGAL COUNSEL - APPROVED (320.45) - Amended the City Attorney's budget by appropriating $202,344 to the City Attorney's legal services Account No. E-AA-AT-130-4-05-00 to fund the remainder of anticipated costs for outside legal counsel for Fiscal Year 1996-97. (CITY COUNCIL) AMENDMENT NO. 1 TO AGREEMENT WITH COMMUNITY SERVICES PROGRAM (CSP) FOR POLICE ENHANCEMENT SERVICES - APPROVED (600.10) - Approved and authorized execution by the Mayor and City Clerk of Amendment No. 1 To Agreement Between The City Of Huntington Beach And Community Service Programs, Incorporated For Police Enhancement Services. (Expires September 30, 1997) 819 Page 16 - Council/Agency Minutes - 03/17/97 (CITY COUNCIL) RESOLUTION NO. 97-21 - ADOPTED - AMENDMENT TO BOND DOCUMENTS - HUNTINGTON VILLAGE SENIOR APARTMENTS (330.30) - Adopted Resolution No. 97-21 - "A Resolution of the City Council of the City of Huntington Beach Approving A Second Supplemental Indenture Of Trust And A Second Amendment To Loan Origination And Servicing Agreement, And Authorizing And Directing The Execution And Delivery Thereof And Of Other Documents And Actions To Be Taken In Connection Therewith." (CITY COUNCIL) PROFESSIONAL SERVICES CONTRACT BETWEEN CITY AND PEASLEY, ALDINGER AND O'BYMACHOW - TO PERFORM WATER RATE STUDY - WAIVER OF CERTAIN INSURANCE REQUIREMENT - APPROVED (600.10) - 1. Approved and authorized the Mayor and City Clerk to execute the Professional Services Contract Between The City Of Huntington Beach And Peasley, Aldinger And O'Bymachow To Perform A Water Rate Study in the amount of $13,759; and 2. approved waiver of the insurance requirement that the party provide a separate attached endorsement naming the city, its agents, officers and employees as additional insured. (CITY COUNCIL) REQUEST BY SHEA HOMES - FOR CITY COUNCIL CONSENT TO PENDING SALE OF PARKSIDE PROJECT - TO GREYSTONE HOMES - IN HOLLY- SEACLIFF DEVELOPMENT AGREEMENT AREA - APPROVED (420.60) The City Council considered a communication from the Community Development Director regarding a request by Shea Vickers Residential, L.L.C., for City Council Consent to Pending Sale of Parkside Project - To Greystone Homes - In Holly-Seacliff Development Agreement Area: 1. Pursuant to Section 4.2 of the Holly-Seacliff Development Agreement, approve the request by Shea Vickers Residential, L.L.C. for the City Council to provide consent for the pending sale of the property known as Final Map No. 14662 Parkside, to Greystone Homes with the requirement that all responsibilities for community improvements to serve the property as required by the Development Agreement will be complied with, including conditions: a. All terms and conditions of the Holly-Seacliff Development Agreement No. 90-1, not explicitly defined within Exhibit B shall continue to be the responsibility of PLC (Attachment No. 4 to Request For Council Action dated March 17, 1997); and b. PLC 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 in their letter to the City, dated May 7, 1996; and c. PLC shall instruct 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 and debited against City obligations to PLC at time of sale; and 820 03117197 - City Council/Redevelopment Agency Minutes - Page 17 -e. No final inspection shall be approved for units in Parkside until new Gothard Street between Ellis 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; 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. And 2. Authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights Duties and Obligations. Councilmember Garofalo stated his concern for the mechanism that is used to ensure that if each of the properties is developed that the PLC Company will ensure infrastructure is in place. The City Administrator spoke regarding the committee that is studying reimbursement districts pursuant to the Holly-Seacliff Development Agreement. He stated his concern, as the City Administrator, in this regard. He stated that there will be a Council committee meeting to discuss this matter. The City Attorney reported on the mechanism that can be used such as that used for McDonnell Douglas or a performance bond as well as a mechanism such as that in the study by Boyle Engineering as to allocating the share of improvements to each property. Councilmember Garofalo stated that he would prefer to address his questions to a representative of Greystone Homes but as a representative was not present, he would make his comments to the Shea Home representative. Ron Metzler, Shea Homes, responded to questions from Councilmember Garofalo relative to reconsidering the type of development to a lower density. He stated that it is his understanding that Greystone Development will continue with the current plan. Councilmember Garofalo stated that he believed it was inconsistent with the Holly-Seacliff Development Plan. 821 Page 18 - Council/Agency Minutes - 03/17/97 Thp- Mayor stated his concern that the ultimate builder of the development understand that they can sell all they want but that the Certificate of Occupancy will not be issued until infrastructure is paid. He stated that he believed it is necessary to continue the issue for study in this regard. Ron Metzler responded to the Mayor's concern stating that the Consent to Sale acknowledges Greystone's awareness of this issue. Councilmember Garofalo stated reasons why he believed this item should be approved now. The Community Development Director reported that the infrastructure conditions required by PLC have been incorporated into the Consent to Sale and that the Consent to Sale signed by Greystone and Shea acknowledge that they have read this. A motion was made by Dettloff, second Garofalo, to approve the following: 1. Pursuant to Section 4.2 of the Holly-Seacliff Development Agreement, approve the request by Shea Vickers Residential, L.L.C. for the City Council to provide consent for the pending sale of the property known as Final Map No. 14662 Parkside, to Greystone Homes with the requirement that all responsibilities for community improvements to serve the property as required by the Development Agreement will be complied with, including conditions: a. All terms and conditions of the Holly-Seacliff Development Agreement No. 90-1, not explicitly defined within Exhibit B shall continue to be the responsibility of PLC (Attachment No. 4 to Request For Council Action dated March 17, 1997); and b. PLC 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 in their letter to the City, dated May 7, 1996; and c. PLC shall instruct 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 and debited against City obligations to PLC at time of safe; and e. No final inspection shall be approved for units in Parkside until new Gothard Street between Ellis 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; 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 822 03/17/97 - City Council/Redevelopment Agency Minutes - Page 19 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. And 2. Authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights Duties and Obligations. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Sullivan, Green, Garofalo NOES: Bauer ABSENT: None Discussion was held regarding the need for the committee to meet on the Development Agreement relative to reimbursement agreement provisions and other issues. The City Attorney stated that her staff would be present at such a committee meeting. (CITY COUNCIL) APPROVAL OF DRAFT MOBILE HOME SURVEY QUESTIONNAIRE - FROM I AWRENCE RESEARCH - CONTINUED TO APRIL 7, 1997 (600.10) The City Council considered a communication from the Economic Development Director transmitting a draft questionnaire from Lawrence Research of a draft mobile home survey questionnaire. Councilmember Garofalo spoke at length regarding the points in the draft survey questionnaire which he believed could be improved. Economic Development Director Biggs, in response to one of Councilmember Garofalo's concerns, stated that questionnaire respondents would be selected on a random basis. Councilmember Garofalo requested that the opening telephone question to the respondent be revised to include wording that will assure recipients of the telephone call of the credibility of the city survey. A motion was made by Garofalo, second Green, to continue consideration of the draft mobile home survey questionnaire to the April 7, 1997 Council meeting. Councilmembers Sullivan and Harman stated that they believed the survey is acceptable as presented. Mayor Pro Tem Dettloff stated that she would like to vote on the item at this meeting and pass the draft survey along with Councilmember Garofalo's suggestions to the Mobi[e Home Review Committee who will be the final arbitrator. 823 Page 20 - Council/Agency Minutes - 03/17/97 Mayor Bauer stated that he believes the questionnaire is not fair to the mobile home park owners. He stated that the suggestions of Councilmember Garofalo were good ones. Economic Development Director Biggs informed Council that the Mobile Home Review Board specifically requested not to review the questionnaire as they wished to have the board remain independent of the issue. It was determined that the Council liaisons to the Mobile Home Review Board would be provided with Councilmember Garofalo's suggestions for the draft survey. The motion made by Garofalo, second Green, carried by the following roll call vote: AYES: Julien, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: Harman ABSENT: None (CITY COUNCIL) PROFESSIONAL SERVICES CONTRACT - TELE-WORKS, INC. - 24-HOUR - 7 DAY PER WEEK - AUTOMATED CITIZEN'S INFORMATION SYSTEM (ACTS) - CONTINUED TO APRIL 7, 1997 (600.10) Councilmember Garofalo stated his concern with the staff report, including that there is not a list in his Council packet listing city's information as to cities of comparable size; maintenance costs; track record; and spare parts. In response to a question regarding the lack of competitive bid process on this project, the Public Information Officer reported that there were not bids because another company does not offer this service. The Public Information Officer reported further on the issue. Councilmember Garofalo questioned how, with dwindling staff, the city will be able to respond to calls received 24 hours a day. The Public Information Officer reported further, informing Council of the types of information available which would allow hundreds of calls to be taken care of through recorded replies. Councilmember Garofalo stated his disagreement with the proposal. Councilmember Sullivan requested that Councilmember Garofalo meet with the Public Information Officer. The City Administrator informed Council that the cities which presently utilize this system can be contacted regarding the experiences with this company. A motion was made by Garofalo, second Sullivan, to continue consideration of the Professional Services Contract between the City and Tele-Works, Incorporated for the purchase and installation of the Automated Citizen's Information System to the April 7, 1997 Council meeting. The motion carried unanimously. Councilmember Julien clarified that she believed the Tele-Works, Incorporated system was meant to get recorded city information such as street closures, etc. out to the public and not for the public to leave voice mail messages to the city. 824 03/17/97 - City Council/Redevelopment Agency Minutes - Page 21 (CITY COUNCIL) APPROVED WASTE DISPOSAL AGREEMENT WITH COUNTY OF ORANGE - WASTE FLOW CONTROL - APPROVED FRANCHISE HAULER ACKNOWLEDGMENT WITH RAINBOW DISPOSAL - APPROVED INTRODUCTION OF ORDINANCE NO. 3349 - APPROVED SUPPLEMENTAL AGREEMENT NO. 2 TO REFUSE, COLLECTION AND DISPOSAL FRANCHISE AGREEMENT WITH RAINBOW DISPOSAL (600,45) The City Council considered a communication from the Assistant City Administrator regarding the following issue: The cities in Orange County and the county itself are interested in maintaining public ownership of the landfill disposal system. In order to assure this, the county is working to contain their costs and establish adequate and predictable revenues to pay their bills. The cities in the county are working to establish predictable gate fees at the lowest possible cost for disposing of solid waste coming from their respective cities. The purpose of this agreement is to attain these objectives. Otherwise the county will pursue consideration of sale of the landfill system. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Communication received from the Assistant City Administrator from Vicki L. Wilson, Director, Integrated Waste Management Department dated March 17, 1997 regarding revised Page Nos. 5, 13, 19, 20, and 30 to the Waste Disposal Agreement Assistant City Administrator Ray Silver presented a staff report. Councilmember Harman complimented city staff, the Assistant City Administrator, and the City Administrator for a job well done. A motion was made by Harman, second Dettloff, to approve the following recommended actions: 1. Approve and authorize the Mayor and City Clerk to execute the Supplemental Agreement No. 2 to Refuse Collection And Disposal Service Franchise Agreement between the County of Orange and the City of Huntington Beach. 2. Approve and authorize the Mayor aind City Clerk to execute the Waste Flow Control/Approval of Franchise Hauler Acknowledgment between the City of Huntington Beach and Rainbow Disposal and Rainbow Transfer and Recycling Companies. and 3. Following a reading by title by the City Clerk, approve Introduction of Ordinance No. 3349 - "An Ordinance Of The City Of Huntington Beach Amending The Franchise Of Rainbow Disposal/Rainbow DisposallRainbow Transfer And Recycling Companies To Collect Refuse."- (Approves Supplement No. 2 to Refuse Collection and Disposal Services Franchise Agreement by and between the City of Huntington Beach and Rainbow Disposal and Rainbow Transfer and Recycling Companies) and authorize the Mayor and City Clerk to execute same. 825 Page 22 - Council/Agency Minutes - 03/17/97 Councilmember Sullivan stated that he believed staff had done an excellent job and also complimented Rainbow Disposal Company for going along with this issue as they had no obligation to do so. Councilmember Sullivan gave reasons why he would vote against this item as he opposes the concept of importing trash. Ron Shenkman, representing Rainbow Disposal Company, at the request of Councilmember Garofalo, reported on the city's recycling efforts. Following a reading by title of Ordinance No. 3349 by the City Clerk, the motion made by Harman, second Dettloff, carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Green, Garofalo NOES: Sullivan ABSENT: None (CITY COUNCIL) STATUS REPORT ON BOLSA CHICA SERVICE DELIVERY ISSUES - STAFF DIRECTED TO CONTINUE NEGOTIATIONS WITH KOLL REAL ESTATE GROUP AND THE ORANGE COUNTY FIRE AUTHORITY - AND REJECTED WATER SERVICE PROPOSAL BY KOLL REAL ESTATE GROUP (SUMMER OF 1996) (440.60) The City Council considered a communication from the City Administrator, Fire Chief, Library Services Director, Public Works Director, and Police Chief submitting a status report on the Library, Fire, Police and Public Works (including water and sewer) service delivery issues, responses to the water service questions raised at the February 24, 1997 Council meeting, and a reaffirmation on the City Council's direction regarding pursuit of the service agreements. The City Administrator presented a staff report. Mayor Pro Tern Dettloff spoke at length regarding the subject, including the reasons for her belief that negotiations need to be continued with the Koll Real Estate Group. She outlined the procedure which she believed could be followed to ensure that the Councilmembers and public will be aware of proposals presented. Councilmember Sullivan spoke regarding the Koll Company not meeting its responsibilities and as a result, he is not interested in any'of its proposals. Councilmember Green read a portion of Mr. Winchell's statement submitted during the Public Comments portion of the meeting. He stated he believed the desire expressed in the communication could be achieved with negotiation. He stated his agreement with the speaker who during Public Comments spoke regarding the experience of the City of Newport Beach. Councilmember Green also stated the need to review the financial data submitted by Mr. Winchell. Councilmember Harman presented reasons why he believed negotiations should not continue with the Koll Real Estate Group. Mayor Pro Tern Dettloff informed Council of the reasons why she was recommending continued negotiations, stating that she wished to ensure protection of the city to the best of her ability should a project be developed. Councilmember Julien stated her agreement with Mayor Pro Tern Dettloff. up 03/17/97 - City Council/Redevelopment Agency Minutes - Page 23 The Mayor spoke regarding the agenda item and listed many issues needing to be resolved in negotiations, including safety services with the goal of receiving a benefit in response times. A motion was made by Dettloff, second Julien, to direct the City Administrator, or his designee, to continue negotiations with Koll Real Estate Group and the Orange County Fire Authority on the Fire Service Agreement and to direct the City Administrator, or his designee, to continue negotiations with Koll Real Estate Group and the County of Orange on the Library, Police, Sewer and Traffic Related Service Agreements. The motion carried by the following roll call vote: AYES: Julien, Dettloff, Sullivan, Green, Garofalo NOES: Harman, Bauer ABSENT: None Councilmember Garofalo inquired as to whether any new information had been received as a result of the Council meeting held February 24, 1997 regarding this issue.. The staff informed Councilmember Garofalo that the developer had not made response. A motion was made by Dettloff, second Julien, to reject the Water Service proposal by Koll Real Estate Group (Summer, 1996) and authorize the City Administrator, or his designee, to evaluate any new written proposal from Koll Real Estate Group, if provided, and bring before the City Council for consideration, and further directed that the Mayor and Mayor Pro Tem be a part of the analysis of the proposal together with the City Administrator and that when Councilmembers receive information that it be made available to the public. The motion carried by the following roll call vote: AYES: Julien, Dettloff, Green, Garofalo NOES: Harman, Bauer, Sullivan ABSENT: None (CITY COUNCIL) CITY TREASURER SUMMARY - INVESTMENT PORTFOLIO ACTIVITY - JANUARY, 1997 -APPROVED (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Summary Review for January, 1997. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: City Treasurer's Investment Summary Slide Report dated March 17, 1997 and a corrected page of the City Treasurer's Portfolio Master Summary dated January 31, 1997 The City Treasurer presented a staff report. She stated that a corrected page of her report had been distributed to the City Councilmembers. Discussion was held regarding the new software being installed in the City Treasurer's Office. The City Treasurer informed Council that she will be working with the City of San Clemente which has similar software. She informed Council that hopefully in the second quarter she will 827 Page 24 - Council/Agency Minutes - 03/17/97 present a report to Council regarding the progress. The City Treasurer stated that she hoped to have a program established through electronic payment of water bills as well as a new process for credit card payment. Following review of the monthly report, a motion was made by Garofalo, second Sullivan, to accept the Monthly Investment Report for January, 1997 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by unanimous vote with Councilmember Harman absent. (CITY COUNCIL) ORDINANCE NO. 3348 - ADOPTED - NON-EXCLUSIVE FRANCHISE TO INSTALL WIRELESS COMMUNICATION RADIO NETWORK IN CITY RIGHT-OF-WAY (640.10) Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Replacement Page No. 30 to Request for Council Action from the Fire Chief and Public Works Director dated March 3, 1997 regarding Ordinance No. 3348 for Non -Exclusive Franchise to Install Wireless Communication Radio Network in City Right -of -Way A motion was made by Green, second Sullivan, to adopt, by roll call vote, the following ordinance after reading by title by the City Clerk: Ordinance No. 3348 - "An Ordinance Of The City Of Huntington Beach Adding Chapter 12.48 To The Huntington Beach Municipal Code Pertaining To Wireless Communications Radio Networks." The motion carried by the following roll call vote: AYES: Julien, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Harman (CITY`COUNCIL) ORDINANCE NO. 3352 - LEASEBACK AUTHORIZATION - DEBT FINANCING FOR PIER PLAZA CONSTRUCTION - COUNTYWIDE 800 MHz PUBLIC SAFETY COMMUNICATIONS PROJECT - APPROVES PUBLIC LEASEBACK OF CERTAIN PUBLIC LIBRARY FACILITIES WITH THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY - APPROVED INTRODUCTION OF ORDINANCE NO. 3352 (640.10) The City Council considered a communication from the Administrative Services Director informing Council that in order to proceed with debt financing of the Pier Plaza Project and the 800 MHz projects, an ordinance needs to be adopted authorizing a Central Library leaseback arrangement between the city and Huntington Beach Public Financing Authority. A motion was made by Green, second Sullivan, to approve, after reading by title by the City Clerk, introduction of Ordinance No. 3352 - "An Ordinance Of The City Of Huntington Beach Approving The Public Leaseback Of Certain Public Library Facilities With The Huntington Beach Public Financing Authority." The motion carried by the following roll call vote: AYES: Julien, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: Harman 03/17/97 - City Council/Redevelopment Agency Minutes - Page 25 (CITY COUNCIL) COUNCIL DIRECTED PLANNING COMMISSION STUDY OF GENERAL PLAN AND ZONING - ON PACIFIC COAST HIGHWAY PARCELS BETWEEN GOLDENWEST AND 17TH STREETS - APPROVED (44G4G) C 4` 1 ". Zr 0 i The City Council considered a communication from Councilmember Garofalo regarding development patterns along Pacific Coast Highway between Goldenwest Street and 17th Street. A motion was made by Garofalo, second Green, to direct the Planning Commission to study the General Plan and Zoning on parcels along Pacific Coast Highway between 17th Street and Goldenwest Street to determine whether the current designations are appropriate. In response to an inquiry by Mayor Pro Tem Dettloff regarding her understanding that issues relative to the General Plan and zoning on these parcels had been resolved. Councilmember Garofalo informed her that there were some lots that had not been considered in the General Plan review. The motion made by Garofalo, second Green, carried by unanimous vote with Councilmember Harman absent. (CITY COUNCIL) KEEPING CITIZENS INFORMED - A LETTER TO ALL RESIDENTS SIGNED BY THE ENTIRE CITY COUNCIL - DEFERRED TO MAY, 1997 The City Council considered a communication from Councilmember Garofalo submitting a draft letter/postcard "Taxpayer Payment And Services Statement" to be sent to the public, perhaps through the water bill, which would include a City Budget Summary and which would request citizen feedback. Councilmember Garofalo presented reasons for his recommendation. A motion was made by Garofalo, second Green to approve the proposal submitted by Councilman Garofalo relative to Keeping Citizens Informed - A Letter to All Residents Signed by the City Council. The City Administrator stated that he believes this is an excellent suggestion. He informed Council that ht-v d eke .to. r`t� er gomncement of Councilmember Garofalo's proposal until June when more budget information wilt b& available for dissemination to the public. Mayor Bauer requested that all members of the Council be provided an opportunity to see the informational material which will be provided to the citizens. Councilmember Garofalo requested that the City Clerk agendize this issue for the May 19, 1997 Council meeting. The motion made by Garofalo, §econcV Teen, carried by unanimous�►E6 �e�o _ Harman absent: 829 Page 26 - Council/Agency Minutes - 03/17/97 (CITY COUNCIL) APPOINTMENT OF CHARLES FALZON TO THE FINANCE BOARD ANNOUNCED (FILLS VACANCY OF TERRY DOLTON) (110.20) Mayor Pro Tern Dettloff, pursuant to her communication in the City Council Agenda packet, announced that Terry Dolton had resigned from the Finance Board. She announced her appointment of Charles Falzon to the Finance Board. (CITY COUNCIL) APPOINTMENT OF BOB EGAN AS THE CITY'S REPRESENTATIVE TO ORANGE COUNTY VECTOR CONTROL BOARD - APPROVED (520.85) On motion by Bauer, second Garofalo, the City Council appointed Bob Egan as the city's representative to the Orange County Vector Control Board. The motion carried unanimously with Councilmember Harman absent. (CITY COUNCIL) REQUEST FOR RESOLUTION DELETING PREVAILING WAGE IN CONSTRUCTION CONTRACTS -DEFERRED TO FUTURE MEETING (100.10) The City Administrator presented a communication from Councilmember Sullivan stating that as it appears that charter cities have the ability to enter construction contracts without paying the lowest prevailing wage (union wage), that it is probable the city could save considerable money by not having the prevailing wage in contracts. Councilmember Sullivan requested that his recommendation that a resolution be prepared to enable the city to enter into outside construction contracts without the necessity of the contractors paying the lowest prevailing wages be deferred to a meeting when the full City Council is in attendance. ADJOURNMENT - CITY COUNCILIREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, April 7, 1997 at 5:00 p.m. in the Council Chamber, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: z000a� City Clerk/Clerk 4&!e City Clerk 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 Mayor/Chairman 830