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HomeMy WebLinkAbout1997-04-21MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Monday, April 21, 1997 An audio tape recording of the 5:00 p.m. portion of this meeting and a video tape recording of the 7:0❑ 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/REDEVELOP MENT AGENCY ROLL CALL Present: Julien, Dettloff, Sullivan, Green, Garofalo, (Harman arrived at 5:07 p.m.), (Bauer arrived at 5:07 p.m.) Absent: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS There were no persons present to address Council regarding the closed session items scheduled on the agenda. 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. The following closed sessions will be attended by Dick Whitmore, Whitmore, Johnson and Bolanos - Special Counsel Closed Session - City Council - Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to Government Code Section 54956.9(c): One potential case. 869 Page 2 - Council/Agency Minutes - 04/21/97 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. (120.80) Closed Session - City Council to confer with its Legal Counsel regarding pending litigation pursuant to Government Code Section 54956.9(c). (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. Subject: Huntington Beach Firefighters Assn. 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 Municipal Employees Association/Management Employees Organization (MEA/MEO) vs. City of Huntington Beach, Orange County Superior Court Case No. Subject: Challenge to Personnel Commission Decision in Municipal Employees Association/Management Employees Organization (MEA/MEO) vs. City of Huntington Beach. (120.80) Closed Session - City Council to confer with its legal counsel regarding pending litigation pursuant to Government Code Section 54958.9(c). (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. Subject: Challenge to Personnel Commission Decision in Municipal Employees Association/Management Employees Organization (MEA/MEO) vs. City of Huntington Beach. (120.80) Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Casey, 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 (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(c) 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 vs. KBL Cablesystems, dba Paragon - Orange County Superior Court Case No. 76 22 29. Subject: City vs. KBL Cablesystems, dba Paragon. (120.80) Closed Session - Redevelopment Agency 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 agency is a party. The title of the litigation is Bloom vs. City of Huntington Beach - Orange County Superior Court Case No. 67 13 06 or Fourth District Civ. No. G015412. Pursuant to Government Code Section 54956.9(c). (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Subject: Bloom vs. Redevelopment Agency. (400.50) 04/21/97 - 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. REPORT OF ACTION TAKEN AT CLOSED SESSION OF MARCH 17, 1997 - SETTLEMENT SOUTHERN CALIFORNIA UNDERGROUND VS. CITY - CASE NO. OCSC 765997 (120.80) The City Attorney referred to a communication from her office to the Mayor and City Council dated March 20, 1997, Subject: Report of Action Taken at Closed Session - Settlement - Southern Califomia Underground vs. City, Case No. OCSC 765997. She presented the communication to the City Cleric. The City Attorney stated that pursuant to statutory obligation for legislative body to comply with Brown Act requirements by a "Report of Action Taken" in closed session (Government Code §5495.1(a), (3), (B)), she was making the following announcement to Council: "The City Council, by a vote of 7-0, on March 17, 1997, in closed session authorized settlement of Southern California Underground v. City of Huntington Beach, Orange County Superior Court Case No. 765997, by approving payment of $72,000 to Southern California Underground in full and complete satisfaction of the matter." REPORT OF ACTION TAKEN AT CLOSED SESSION - TOLLING AGREEMENT - MILLS LAND AND WATER CO. V. CITY OF HUNTINGTON BEACH (120.80) The City Attorney referred to a communication from her office to the Mayor and City Council dated April 14, 1997, Subject. Report of Action Taken at Closed Session - Tolling Agreement - Mills Land And Water Co. V. City of Huntington Beach. She presented the communication to the City Clerk. The City Attorney stated that pursuant to statutory obligation for legislative body to comply with Brown Act requirements by a "Report of Action Taken" in closed session (Government Code §5495.1(a), (3), (B)) (We have just received this report from outside counsel), she was making the following announcement to Council: "The City Council, by a vote of 7-0, on October 7, 1996, in closed session authorized the Mayor to sign and the City Clerk to attest the proposed amended tolling agreement between the city and Mills Land and Water Company whereby the Mills Company will dismiss without prejudice Mills Land and Water Co. v. City of Huntington Beach, Orange County Superior Court Case No. 763624 and the appeal of the first Mills case will continue in the Appellate Court." CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: None 871 Page 4 - Council/Agency Minutes - 04/21/97 FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by Councilmember Green. LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following late communications regarding Agenda Items which had been received following the distribution of the agenda: Communication from Fire Chief dated April 21, 1997 regarding Harriett M. Wieder Regional Park Fire and Emergency Access Conditions of Approval Communication from County of Orange to the City Administrator dated April 17, 1997 requesting that the city initiate proceedings for the annexation of the unincorporated 49-acre area into the city Slide Report on Habitat For Humanity Agreements dated April 21, 1997 Communication from the Community Development Director dated April 18, 1997 regarding the Design Review Board Recruitment Communication from Brian Smith, Management Assistant dated April 21, 1997 including attachments for the agendized item regarding the Veterans' War Memorial Agreement Amendment Slide Report - City Treasurer Communication from Chuck Sheid dated April 21, 1997 regarding setting forth recommendations relative to Council action Specific Events Ordinance - Slide Report PRESENTATION - To Mayor Ralph Bauer and Police Chief Ron Lowenberg from Arthur Anderson, State of California, Director of the Office of Traffic Safety, of a grant in the amount of $70,000 for improving traffic accident investigations. (160.40) Chief Lowenberg spoke regarding how beneficial this grant award is to the City of Huntington Beach. He introduced Bill Peterson, Senior Sergeant, Traffic Division Unit. The Police Chief spoke regarding the Police Department's added responsibility of keeping the beach visitors safe as well as the residents while they drive and walk in the community. Mr. Anderson introduced Dennis Mall, Coordinator for the Police Traffic Services Program. Mr. Anderson explained the benefits of the grant to the city. 872 04/21/97 - City Council/Redevelopment Agency Minutes - Page 5 PRESENTATION - By Mayor Ralph Bauer and Fire Chief Mike Dolder to Don Boland, Fire Protection Specialist, of a check in the amount of $1,500 and a plaque for his employee suggestion entitled "Money for Nothing." The Fire Chief reported on Inspector Boland's suggestion which has resulted in additional revenue of over $30,000 per year for the City of Huntington Beach from two PCS antenna sites. (160.40) PRESENTATION - By Mayor Ralph Bauer of a proclamation to Elaine Craft of the Women's Division of the Chamber of Commerce proclaiming April 25, 1997 Arbor Day and celebrating with the planting of six Eucalyptus Boralis trees in Gibbs Park. (160.40) PRESENTATION - By Mayor Ralph Bauer and Jay Kreitz, Community Services Commission Chair, of grants totaling $25,000 to support youth sports to eleven local youth groups as follows: Tanya Grimes, American Youth Soccer Organization (AYSO) Region No. 117 and the Boys and Girls Club of Huntington Beach representative - $744; Don Ludolph, American Youth Soccer Association (AYSO) Region No. 3143 representative - $1,750; Dave Mass, Edison High School Baseball representative- $750; Gale and Terri Coffman, Huntington Beach Girls Softball representative - $1,000; Nick Tomaino, Huntington Beach High School Baseball Booster Club representative - $1,250; JoAn Poirel, Huntington Beach High School Tennis representative - $1,156; Paul Wood and Deann Schloboham, Huntington Beach High School Track and Field Coach representative, - $850; Erin Lillard, Marina High School Aquatic Booster Club representative - $1,000; Dwana Smith, North Huntington Beach Soccer Club representative - $1,250; Pattie Hllywa, Robinwood Little League representative - $1,250; and Fred Bennett, Dustin Hamaker, and Lindsay Connelly, Huntington Beach Pop Warner representatives - $1,500. (160.40) ANNOUNCEMENT REGARDING MAYOR OF CITY OF WESTMINSTER (120.70) Councilmember Garofalo announced that Mayor Frank Fry, City of Westminster, was at the UCI Medical Center due to an auto accident and that get well cards could be sent there. ANNOUNCEMENT OF PASSING OF BILL BILLITER, ORANGE COUNTY TIMES REPORTER AND CITY RESIDENT (120.70) Councilmember Garofalo announced with regret the passing of Bill Billiter, honored newspaper reporter and long time resident of the City of Huntington Beach. PUBLIC COMMENTS BOB ZINNGRABE addressed Council regarding his acquisition of the Piranhas Arena Football Franchise now headquartered in Huntington Beach. He extended an invitation to all to the first official Huntington Beach Night at Arrowhead Pond Stadium on May 3, 1997. 873 Page 6 - Council/Agency Minutes - 04/21/97 BOB BIDDLE, President, Huntington Beach Tomorrow, stated the organization's support for the proactive attitude that Council and staff have taken relative to the agenda item regarding Broad Criteria Objectives for Shea Business Properties - (Waterfront Development). He stated they did have anxiety with respect to the language which references mixed use. He questioned the recommendation on the agenda to appoint a subcommittee for the Huntington Central Park Specific Plan and Environmental Impact Report and referred to public surveys taken in support of passive use. Mr. Biddle requested that if a subcommittee on this subject is formed that Huntington Beach Tomorrow be allowed representation on the committee. Mr. Biddle congratulated Councilmember Garofalo regarding his recent letter in the Los Angeles Times concerning youth, education and crime and stated he hoped this message was heard at the top level by the state lawmakers. CHUCK BEAUREGARD, representing Save Our Kids, informed Council, in response to Mr. Biddle's statement, the survey stated that Huntington Central Park should have passive and active uses. He spoke regarding Save Our Kids support of the agenda item relative to Peterson School youth sports field renovation. He requested that additional funding be expended by the city for similar repair of fields, informing Council that youth groups would volunteer to labor. JERRY BUCHANAN, representing Huntington Beach City School District, spoke in support of the agenda item pertaining to the Peterson School youth sports field renovation. He informed Council of the benefits to the youth from this action. DOUGLAS BEAUCHAMP, general contractor, spoke regarding the item presented by Councilmember Sullivan on this evening's agenda relative to the deletion of prevailing wages in construction contracts. He informed Council that it would depend on the activity as to whether money will actually be saved; that if it is a highly technical skill that is required the savings will not occur. He presented an example of his viewpoint. He stated that from his own experience as a general contractor and from his experience in the trade, he would urge that Council not take this action. RICHARD MC GUIRE spoke in opposition to the agenda item presented by Councilmember Sullivan regarding deletion of prevailing wages for Public Works contracts as he believes it would be taking a step back in the City of Huntington Beach to take such action. He stated that cutting back wages, among other things, cuts back buying power and standard of living. JIM SHAW, Carpenters/Contractors Cooperation Committee, addressed Council in opposition to the item presented by Councilmember Sullivan on the agenda relative to the deletion of prevailing wage rates for Public Works contracts. He cited loss of taxes paid by city residents involved in the trades and loss of health care coverage for these residents which would impose a financial burden on the public. He urged Council to keep the City Mission Statement to preserve the quality of life. ED HESKETT, Carpenters/Contractors Cooperation Committee, informed Council that he had put the prevailing wage rate document together of which they had been provided a copy. He stated if Council had questions relative to this issue he would be glad to answer them. Mr. Heskett stated the problem he believed there is for accepting the lowest responsible bidder. He presented an example from the City of Shasta where a school had to be condemned and demolished due to an award to a bidder who did not pay prevailing wages 874 04/21/97 - City Council/Redevelopment Agency Minutes - Page 7 and -had workers who did not know what they were doing. He spoke regarding the social consequences, including lowering the standard of living for trade persons. PETE BYRNE addressed Council in opposition to the item presented by Councilmember Sullivan on the agenda relative to the deletion of prevailing wage rates for Public Works contracts. He stated by paying prevailing wage rates that the city will get a better quality project, better workmanship, and the project will stand over time better. He informed Council that he has worked on public works jobs that are low bid that have many problems such as work getting covered up by concrete which cannot be caught by inspectors causing concrete and walls to be torn out. He stated that prevailing wage does not necessarily mean taking a union contractor, that he has worked on prevailing wage jobs that are 50 - 50 union and non- union contractor. DWIGHT KARR addressed Council regarding the item placed on the agenda by Councilmember Sullivan regarding the deletion of prevailing wage rates on Public Works contracts. He stated that as a Huntington Beach resident he is involved in his community and patronizes city businesses. He informed Council that he had worked both union and non- union jobs and stated that prevailing wage law benefits employers and employees. He stated that currently he is a foreman on the Ronald Reagan Federal Building and Courthouse. He stated that he had been a foreman on the Cal Poly job and the Ziggerott Building in Laguna Niguel and had seen the unskilled and untrained workers and the continual trouble and the problems that they had in trying to get their job done. WARREN CONDE addressed Council in opposition to the item placed on the agenda by Councilmember Sullivan relative to deletion of prevailing wages rates on Public Works contracts. He cited how working for prevailing wages had benefited him. He stated that he believed this proposed action would show a disregard for the working family. VI COWDEN read a "letter" from a beautiful white Egret expressing appreciation for the stopover at the Bolsa Chica and opposing the Koil Development due to dogs and cats preying on wildlife. The "letter" urged preservation of the mesa and requested no water for Koll. AL SHADE, recurrent city lifeguard, Surf City Lifesaving Employees' Association (SCLEA), distributed an employee package offered to those interested in becoming a city lifeguard. He read the outstanding record of the lifeguards printed on the material which cited a record of over 9 million visitors each year and over 2,000 rescues. He spoke regarding Page 2 of the package which mandates wanting to know what persons do in their spare time. He stated his concern that this was Orwellian in nature and requested Council action so that it does not happen again. JOHN BEEBE, Surf City Lifesaving Employees' Association (SCLEA), stated that lifeguard towers are left closed on a busy weekend as there is no longer the interest of kids to serve. He stated he and another experienced lifeguard are laid off because they have worked too many hours. He read a letter to his operations supervisor written on April 13, 1997 requesting an explanation as to his employment situation as well as stating the city can save money by cutting labor but if someone dies in the water as a result, he hopes the decision makers will be prepared to accept the responsibility. 875 Page 8 - Council/Agency Minutes - 04I21I97 PATRICK GRAHAM, Surf City Lifesaving Employees' Association (SCLEA), stated that Community Services Director Hagan and the City Administrator were misinformed last week regarding their staffing problem; that there is not enough lifeguard staffing. He stated that one-half of the active, scheduled Lifeguard III's which are the most experienced who replaced the Marine Safety Officers are laid off right now and all will be laid off by July 1. He cited the problems which he believes there are with a new procedure utilizing Golden West College and the fact that the new lifeguards will start at more money than last year's hires. He stated that SCLEA will agree to the arbitrator's decision including no pay raises. TOPPER HORACK spoke regarding the proposal submitted by the Koll Company to the City Administrator and the March 17, 1997 staff report. He commented on the police and fire services aspect, including cost incurred by the taxpayers and lack of traffic impact and sewer reports. Mr. Horack urged Council to vote "No" on this proposal stating that it should be sent to the Koll Company postage due. REMOVAL BY COUNCILMEMBER SULLIVAN OF AGENDA ITEM REGARDING DELETION OF PREVAILING WAGE RATES FOR PUBLIC WORKS CONTRACTS (100.10) Councilmember Sullivan stated that he appreciated the comments on the item he had placed on the agenda relative to deletion of prevailing wage rates for Public Works contracts. He stated that he would pull this item from the agenda for the present time. Councilmember Sullivan stated that he understands the City of San Diego has a similar procedure to what he proposes and that he would like to study it. He stated that he will meet with the people who have spoken tonight before bringing the item back to Council. PLAZA ALMERIA PARKING PLAN - THIRD BLOCK WEST - SLIDE REPORT PRESENTED BY COUNCILMEMBER SULLIVAN (560.10) Councilmember Sullivan displayed a chart to Council demonstrating his grave concerns regarding the parking plan approved for Plaza Almeria due to the difficulty of pulling out from a perpendicular stall; also that the parking plan is harmful for circulation. The City Attorney informed Council that this was a nonagendized item. A motion was made by Bauer, second Harman, that, pursuant to Government Code Section 54954.2, Subsection B, Subsection 2, the City of Huntington Beach determines that the need to take action on the Plaza Almeria Parking Plan - Third Block West - arose subsequent to the agenda being posted. The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green NOES: None ABSENT: (Julien, Garofalo absent from the room) Councilmember Sullivan presented a video showing examples of the problem. Councilmember Sullivan stated that he believed it is illegal to cross a double line which drivers will have to do. He stated that he believed this is an unsafe situation and it also makes it so that Main Street will never become pedestrian oriented. 876 04/21/97 - City Council/Redevelopment Agency Minutes - Page 9 The -City Attorney then cited the government code by which Council had been able to review the video show which was not agendized. ARBITRATOR'S REPORT REGARDING SURF CITY LIFESAVING EMPLOYEES' ASSOCIATION (SCLEA) VS. CITY (560.10) The City Administrator reported that the arbitrator's report regarding the Surf City Lifesaving Employees' Association (SCLEA) vs. City would be available soon. Councilmember Garofalo encouraged the City Administrator to work with staff to resolve the issues with SCLEA on other than pay/salary. He stated these were good men and women who need some attention. (CITY COUNCIL) PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - APPROVAL OF THE ACTION PLAN 1997-98 - CONSOLIDATED PLAN AND FAIR HOUSING PLAN _ APPROVED AS AMENDED (340.70) The Mayor announced that this was the meeting set for a public hearing to consider the following; 199 7198 Action Plan Activity Summary, TABLE IV Community Development Block Grant REVENUE: AMOUNT CDBG 1997198 Entitlement Grant $1,732,000 Program Income 250,000 Reprogram Existing CDBG Grant Funds' 60,000 TOTAL CDBG FUNDS $2,042,000 Activity Types: A=Administration; PF=Public Facility; PI=Public Improvement; H=Housing; PS=Public Services Type PROPOSED ACTIVITIES AMOUNT A Administration $309,764 A Fair Housing Council of Orange County 36,636 H Alley Renovation - Bridges America 79,090 H Code Enforcement - Enhancement Areas 135,672 H Housing Rehab (Admin & Loans) 169,300 H Housing Rehab Loans - using the Program Income (estimated) 250,000 H Security Lighting 24,000 PF ADA Compliance for Civic Center 40,738 PF Edison Community CenterlPark ADA Improvements 85,000 PF Huntington Central Park -East Side Playground ADA2 80,000 PF Oakview Branch Expansion 180,000 PI Alabama St. Phase 2C1 Sewer - Design 20,500 PI Sidewalk & Wheelchair Access Ramps 5,800 PI Silver Ln-Heil to Glencoe Street Improvements 264,300 PI Sycamore Ave Sewer 68,250 PS Adult Day Services 10,000 PS Boys & Girls Clubs of HB/FV 10,000 877 Page 10 - Council/Agency Minutes - 04/21/97 1997198 Action Plan Activity Summary, TABLE IV (Continued) Community Development Block Grant Activity T es: A=Administration; PF=Public Facility; PI=Public Improvement; H=Housing; PS=Public Services Type PROPOSED ACTIVITIES PS Episcopal Service Alliance PS Feedback Foundation PS H. B. Community Clinic PS Interval House Crisis Center PS Literacy Volunteers of America PS O, C. Council on Aging PS Oakview Center PS Orange County Transportation Authority PS Police Dept. - Job Center PS Project Self -Sufficiency PS Seniors Outreach Program TOTAL PROPOSED CDBG ACTIVITIES AMOUNT 12,000 5,000 25,000 18,100 12,000 6,000 60,677 11,000 30,000 70,833 22,340 $2,042,000 ' This amount is from a current grant year and is not officially part of the 1997198 Action Plan. 2 $60,000 of this activity is reprogrammed funds and will not be part of the 1997/98 Action Plan as evidenced in the Activity Tables. 3 An additional $80,000 will be added to this project as funds become available through reprogramming current funds. HOME Investment Partnership In an effort to expand and preserve its existing affordable housing stock, Huntington Beach has worked with Community Housing Development Organizations (CHDOs) to acquire multifamily rental properties. These buildings are rehabilitated and then are made available to persons below 60% of Orange County median income for a minimum of 30 years. The CHDO must enter into an agreement with the City that outlines all of the affordability requirements, property maintenance standards, and long-term monitoring requirements that are required by HOME regulations. Other than administrative expenses, the $536,400 in 1997/98 HOME dollars will be applied to the acquisition multi -family affordable housing projects. The following activities are proposed for the 1997/98 HOME Program: Allocation Administration Acquisition Rehabilitation Construction 97198 HOME $596,000 $59,600 $536,400 0 0 Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. The Economic Development Director presented a brief staff report. Carol Runnel, Assistant Project Manager, presented a staff report using slides, E:N:3 04/21/97 - City Council/Redevelopment Agency Minutes - Page 11 Roy Richardson, Chairman of the Citizens Participation Advisory Board, addressed Council regarding the meetings held by the board on the Community Development Block Grant (CDBG) applications. He spoke regarding the two procedural modifications, one for staff and one for the Board that he as chair had recommended. Assistant Project Manager Runzel continued her presentation. During the public hearing, the following communication was distributed to Council and the City Clerk: Communication to the Mayor and City Council from Mayor Pro Tern Dettloff and Councilmember Green, Council Liaisons to the Citizens Participation Advisory Board (CPAB) dated April 21, 1997, Subject. 1997198 Action Plan - Council Liaison Report. Mayor Pro Tern Dettloff reported on said communication. She informed Council that she and Councilmember Green supported the recommendation of the Citizens Participation Advisory Board (CPAB) with one change. She informed Council that the change proposed is to include the Gang Prevention Program which meant that other programs regrettably would have to be reduced. Councilmember Green stated that the Citizens Participation Advisory Board (CPAB) deserves the praise of Council and citizens for the work they perform. Mayor Pro Tern Dettloff announced the following three areas which the Council liaisons recommend to be reduced: 1. Reduce the recommendation of $30,000 for the Job Center Program to $15,000. 2. Reduce the recommendation of $12,000 for the Literacy Volunteers of America to $5,000. 3. Reduce the recommendation of $6,000 for the Orange County Council on Aging to $5,000. She stated that these modifications would allow $23,000 to be allocated to the Community Services Program (CSP) to continue its partnership and work at Oakview. Police Chief Lowenberg reported on Councilmember Garofalo's question regarding arrests of undocumented persons, informing him of the procedures that are followed. The Police Chief also responded regarding under what circumstances the city is reimbursed for keeping prisoners in the city jail. He reported that there is a gang in the Oakview area. Economic Development Director Biggs reported on the programs that are recommended for funding that serve the Oakview area. Mayor Bauer declared the public hearing open. The City Clerk announced that the following late communications regarding this agenda item had been distributed to Council: Slide Report - Citizens Participation Advisory Board (CPAB) Recommendations Legal notice as provided to the City Clerk's Office by staff had been published and posted. KIM DAVIS addressed Council in support of the scholarship funding for the Boys and Girls Club of Huntington Valley. E: rUl Page 12 - Council/Agency Minutes - 04/21/97 JUAN ROSALES spoke in support of the Boys and Girls Club computer repair program and basketball activities. He informed Council that the Boys and Girls Club keeps children from getting beat up or shot. ERNESTO HURTADO spoke in support of the Boys and Girls Club teen program and the benefits the children derive. SANDRA LAMPERTS, Loehmann's 5 Points Shopping Center Manager, spoke in support of the funding for the day laborer job center. She stated this center will help eliminate the blight in the area. Ms. Lamperts spoke regarding the problems in the area caused by the day workers, including leaving their bicycles and cars in the parking lot while they are picked up by persons to go to work. She spoke regarding loitering and sanitation problems. Councilmember Garofalo asked Ms. Lamperts if there were signs posted for cars not to park at the center. Ms. Lamperts stated that there were but the center did not favor towing cars. Councilmember Garofalo urged Ms. Lamperts to continue complaining regarding the situation at the 5 Points Shopping Center. Police Chief Lowenberg reported on the importance of having the ability to direct the day laborers who are in different areas of the city to one location to await jobs. JUSTIN TAFOLLA spoke in support of the Boys and Girls Club stating that they help boys and girls with problems. He stated that it had benefited the children and that it would hurt kids if funding was reduced. SUSAN DAVIS spoke in support of the Boys and Girls Club and the benefits her family had derived from the programs. KIMBERLY LOVEJOY spoke regarding the importance of the Boys and Girls Club to her family and the benefits which her children had received from the program. VERONIQUE BRIGGS stated the importance of the Boys and Girls Club to children who may not be fortunate enough to receive a scholarship as she has received. She spoke regarding the benefits she received from the Boys and Girls Club programs. Miss Briggs stated that the Boys and Girls Club was monitored and was like being at home where you are safe. ANTHONY LOFTON, Boys and Girls Club volunteer, addressed Council in support of funding for the club. He stated that he belonged to such a club in the Bronx, New York which had helped him. He spoke regarding the benefits, particularly for minority youth. Mr. Lofton informed Council that he believed cutting the funding would be closing a door on the youth. He stated that he believed more funding should be allocated to allow the exploring of more programs. QUIN LINNBORN, representing Home Depot, spoke regarding the problem of day laborers at Home Depot. He spoke in support of funding for the day laborers site. Mr. Linnborn responded to Councilmember Julien's questions relative to the Santa Ana Home Depot where there were still day laborers there. The Police Chief, in response to a question from Council, stated that he does not believe that Santa Ana has a loitering ordinance. 04121/97 - City CouncillRedevelopment Agency Minutes - Page 13 ANNA CAPOCCIAMA spoke regarding the problem of litter which she had believed was caused by day laborers in her neighborhood, that by observation she had found the litter problem was mostly caused by children. She stated that she placed a trash can in the problem area of the tract. She spoke regarding the possibility of an accident on her street due to the cars stopping for the day laborers. She stated the need for a day labor location to protect the workers. TOM MC CARTY, consultant to Home Depot, spoke regarding the communities which have done positive things by having a location site for day laborers. He spoke in support of Home Depot's position in this matter. JACQUELINE CHEREWIDE, Executive Director of the Huntington Beach Community Clinic, extended her appreciation for the allocation of funding. She stated that most of the funds were for women and children. She spoke regarding the effects of the $10,000 reduction stating that the recipients of the Huntington Beach Community Clinic's services are the women who cut our hair and take care of our children. She responded to Councilmember Garofalo regarding how many clients were Huntington Beach residents. MIKEAL DLUGOS spoke in support of the Boys and Girls Club and requested Council support. MARGUERITE DLUGOS stated the benefits her child with special needs received at the Boys and Girls Club. She spoke regarding the importance of keeping the teen club open. FRAN ANDRADE spoke on behalf of funding for the Oakview Library, gang prevention program, and the day labor job center. She stated that most of the gang members are citizens. She spoke regarding the importance of the Oakview area and the change in the attitudes of the children and parents since the improvements in the area such as the library have been made. Ms. Andrade spoke regarding the best alternative to the problems in the Oakview area which she believes is the library. She stated that most of the children are citizens, that a lot of money is being spent, that the need is great. Ms. Andrade spoke regarding the history of the Oakview area. She invited all to Oakview Pride Day to be held in May. EVA LOMBARDO stated that she was a Latina and very fortunate to live in Huntington Harbour. She spoke regarding the problems of families she has encountered as a volunteer. Ms. Lombardo spoke regarding some of the problems that have been brought to her attention by her household cleaning lady employee. She spoke regarding the benefits of the community CSP Program. GABRIELLA ADAME spoke in support of the gang prevention program. RON SHENKMAN spoke in support of all of the programs for the Oakview area, particularly the Oakview Branch Library. He stated the library was creating minds eager to learn and is essential for many things including hope. CORDULA DICK-MUEHLKE spoke in support of the adult day care services funding. She informed Council regarding the service it provides for persons who need a protective day care environment. 881 Page 14 - Council/Agency Minutes - 04/21/97 GENEVA CASTILLO spoke in support of the Boys and Girls Club and the benefits the club's programs had provided to her family. YOLANDA HEARD -DEW addressed Council in support of the Boys and Girls Club funding. She informed Council how the club had helped her family and requested that the funding not be reduced. She stated that there are many disabled and special needs children using the Boys and Girls Club. TANYA GRIMES spoke in support of the Boys and Girls Club of Huntington Valley and its teen program. She requested that the funding not be reduced. Ms. Grimes informed Council of the improvements to the area since the teen club has been serving the youth. She stated that the club will be receiving national recognition for its computer program. Ms. Grimes spoke regarding the scholarship program. She responded to Councilmember Garofalo regarding the statistics contained in their application. DAVE BREES, Oakview Property Owners Association representative, complimented the Citizens Participation Advisory Board (CPAB) for their willingness to encourage and permit a high degree of citizen input of which their organization was a part. He spoke in support of the gang prevention program and funds for the job center. MEL KIMMEL, Oakview Property Owners Association representative, commended the Advisory Board and its work. He spoke in support of the day laborjob center, security lighting, and library funding. JOHN EARL, volunteer, Oakview Library, spoke in support of funding for the Oakview Library stating that the current budget does not reflect the Oakview community's needs. He stated that he believed approval of the Oakview Library and literacy allocation would bring parity to the area as compared with other library users. WADE HAWLEY, president of the Literacy Volunteers, spoke regarding the functions of the Literacy Volunteers of America --Huntington Valley. He stated his concern with the reduction in the program proposed by Council. Mr. Hawley spoke regarding why he believes their services are essential to the community and society in general. TONY MAROTTA spoke regarding the benefits of the Boys and Girls Club. He stated that he did not believe over 50% should be taken from their allocation. He informed Council that he would like to see his son have the same opportunity that his other son had in attending the club. He informed Council that kids and their parents need the Boys and Girls Club's help. JUDITH SHENKMAN informed Council that last week she had sent to Council a FAX regarding the Oakview Library expansion. She informed Councilmember Garofalo that she does not believe this hearing is to debate the immigration issue. Ms. Shenkman spoke regarding the benefits of the Oakview Library. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Councilmember Garofalo spoke regarding his beliefs and concerns regarding the specific allocations. He presented his suggestions. 882 04121197 - City Council/Redevelopment Agency Minutes - Page 15 The City Clerk announced, pursuant to the Brown Act, that she had just received from the City Administrator a slide presentation by Councilman David Garofalo titled CDBG Funding: Some Issues --Some Questions. Following his slide presentation, Councilmember Garofalo spoke further stating that he believed the process needed to be changed. Mayor Pro Tem Dettloff spoke regarding the need to not cause divisiveness during the allocation process. Discussion was held between Councilmember Green and Ms. Runzel regarding the possibility of whether any public service cap funds will become available for the Oakview Community Center, Project Self -Sufficiency, and the Boys and Girls Club to allow them the funds originally recommended by the Citizens Participation Advisory Board (CPAB). Councilmember Green suggested that if there are any reallocation funds from the public service cap that the Boys and Girls Club be placed in the top priority. Councilmember Julien questioned whether $15,000 would give the job center a start. The Police Chief responded regarding the gang prevention and the Boys and Girls Club programs stating that to a certain degree they serve two different purposes relative to clientele. Councilmember Garofalo, in response to Councilmember Julien, stated that the Fountain Valley City Council and Westminster City Council allocated the program funding themselves last week. Councilmember Sullivan suggested cutting the job center to $10,000 thus saving $5,000 and cutting $13,000 from Project Self -Sufficiency or to cut the job center completely. In response to Councilmember Harman, Tanya Grimes, Executive Director, Boys and Girls Clubs of Huntington Valley, informed Council that $1.8 million is the total budget for the Huntington Valley Boys and Girls Club. The Police Chief informed Council of the possibility that the gang prevention program and the teen program could be consolidated in certain segments to save a portion of the money. Carol Runzel, Assistant Project Manager, responded to the Mayor that if the Action Plan is adopted at this meeting, there will not be a problem in amending the plan later. At the request of Council, Max Madrid addressed Council regarding the gang prevention program, stating that the program deals citywide, not just in the Oakview area. A motion was made by Sullivan, second Julien, to delete $8,000 from the Project Self - Sufficiency Program which would leave the funding the same as last year, and to delete an additional $5,000 from the day laborer center. Councilmember Harman presented reasons why the recommendations of the Council liaisons should be approved with perhaps some revisions to be made later. 883 Page 16 - Council/Agency Minutes - 04/21/97 At the request of Council, Police Lieutenant Ochoa stated that working with $10,000 would be tough and the job center could not remain open all week. He informed Council that $15,000 would cover one staff member four to five days per week. Ms. Grimes informed Council that the $1.8 million are primarily for day care needs. Councilmember Sullivan stated that he would like to see the businesses impacted by the day labor situation donate the $5,000 shortage. In response to Mayor Pro Tern Dettloff, Economic Development Director Biggs reported on the impact to Project Self -Sufficiency stating that Council would see an increase in the General Fund such as had occurred last year. The motion made by Sullivan, second Julien, to approve the 1997198 Action Plan for the Community Development Block Grant and HOME Programs as referenced as Attachment 1 to the Request for Council Action dated April 21, 1997 for the amounts of $1,732,000 and $596,000 respectively, and authorize its submission to the U. S. Department of Housing and Urban Development and authorize the City Administrator to execute the required Certifications with the following modifications: 1. To approve the recommendations set forth by the Council liaisons in their communication dated April 21, 1997 titled 1997198 Action Plan —Council Liaison Report and as amended to reflect the following: 1997198 Action Plan Activity Summary, TABLE IV (As Amended) Community Development Block Grant REVENUE: CDBG 1997/98 Entitlement Grant Program Income Reprogram Existing CDBG Grant Funds' TOTAL. CDBG FUNDS A Administration A Fair Housing Council of Orange County H Alley Renovation - Bridges America H Code Enforcement - Enhancement Areas H Housing Rehab (Admin & Loans) H Housing Rehab Loans - using the Program Income (estimated) H Security Lighting PF ADA Compliance for Civic Center PF Edison Community Center/Park ADA Improvements PF Huntington Central Park -East Side Playground ADA2 PF Oakview Branch Expansion P1 Alabama St. Phase 2C1 Sewer- Design PI Sidewalk & Wheelchair Access Ramps3 PI Silver Ln-Heil to Glencoe Street Improvements PI Sycamore Ave Sewer PS Adult Day Services PS Boys & Girls Clubs of HBlFV [$23,000] PS Community Service Program ($23,0001 AMOUNT $1,732,000 250,000 60,000 $2,042,000 $309,764 36,636 79,090 135,672 169,300 250,000 24,000 40,738 85,000 80,000 180,000 20,500 5,800 264,300 68,250 10,000 10-988 884 04/21/97 - City Council/Redevelopment Agency Minutes - Page 17 1997198 Action Plan Activity Summary, FABLE .IV (As Amended) - Continued Community Development Block Grant Activity TypesA=Administration; PF=Public Facility, Pl=Public Improvement; H=Housing; PS=Public Services Type PROPOSED ACTIVITIES PS Episcopal Service Alliance PS Feedback Foundation PS H. B. Community Clinic PS Interval House Crisis Center PS Literacy Volunteers of America [$5,000] PS O. C. Council on Aging [$5,000] PS Oakview Center PS Orange County Transportation Authority PS Police Dept. - Job Center[$10,0001 PS Project Self -Sufficiency [$62,8331 PS Seniors Outreach Program AMOUNT 12,000 5,000 25,000 18,100 60,677 11,000 22,340 TOTAL PROPOSED CDBG ACTIVITIES: $2,042,000 ' This amount is from a current grant year and is not officially part of the 1997/98 Action Plan. 2 $60,000 of this activity is reprogrammed funds and will not be part of the 1997/98 Action Plan as evidenced in the Activity Tables. 3 An additional $80,000 will be added to this project as funds become available through reprogramming current funds. The motion carried by the fallowing roll call vote: AYES: Julien, Sullivan, Green, Garofalo NOES: Harman, Dettloff, Bauer ABSENT: None (CITY COUNCIL) FAIR HOUSING PLAN APPROVED (340.70) A motion was made by Garofalo, second Julien, to approve the Fair Housing Plan as included in the Action Plan as Appendix D to the Request for Council Action dated April 21, 1997 and authorize its submittal to the Department of Housing and Urban Development. The motion carried unanimously. (CITY COUNCIL) PUBLIC HEARING - HARRIETT M. WIEDER REGIONAL PARK - CONDITIONAL USE PERMIT NO. 97-18 - COASTAL DEVELOPMENT PERMIT NO. 97-9 - GENERAL DEVELOPMENT PLAN UPDATE - ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 521 - APPROVED AS AMENDED (420.40) The Mayor announced that this was the meeting set for a public hearing to consider the following: Applicant: County of Orange Public Facilities and Resources Department, Harbors, Beaches and Parks Division 885 Page 18 - Council/Agency Minutes - 04/21/97 Request: To permit the construction of Phase I of the Harriett M. Wieder Regional Park. Phase I is for development of 51 acres (26 acres within the City of Huntington Beach and 25 acres within the County) located along Seapoint Street between Garfield Avenue and the existing heliport property (adjacent to the Oceancrest Project). Phase I consists of construction of the following improvements: a 5,000 square foot interpretive center and 100 space parking lot, bicycle and riding/hiking trails, vista points, native habitat restoration, and a three (3) acre local park node (playground, turf and picnic area). Location: 5801 Seapoint Street Coastal Development Permit No. 97-9 and Conditional Use Permit No. 97-18 is for the portion of the Harriett M. Wieder Regional Park in the city's jurisdiction that is located between Garfield Avenue and Palm Avenue; the Addendum to Environmental Impact Report No. 521 and the update of the General Development Plan covers the entire park from Edwards Street to Pacific Coast Highway. Environmental Status: Addendum to Environmental Impact Report No. 521 was prepared by the County of Orange to assess the environmental impacts associated with update of the General Development Plan and development of Phase I of the Regional Park. Prior to action on the project, the City Council must review and act on the Addendum to the Environmental Impact Report. Coastal Zone Status: The project is located in the appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 97-9, filed on March 14, 1997, in conjunction with the above request. The Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion and action. The action taken by the City Council is final unless an appeal is filed to the Coastal Commission by the applicant or an aggrieved party. Fallowing City Council action, Coastal Development Permit No. 97-9 may be appealed to the Coastal Commission pursuant to Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance or unless Title 14, Section 13573 of the California Administrative Code is applicable. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be submitted within ten (10) working days pursuant to Section 30603 of the Public Resources Code, in writing to: California Coastal Commission, 245 W. Broadway, Suite 380, Long Beach, California, 90801-1450. Attention: Theresa Henry. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. The Community Development Director presented a staff report. She presented revisions to Condition No. 4 as set forth in the communication from Fire Chief Michael Dolder dated April 21, 1997. She informed Council of a new condition from the Public Works Director dated April 17, 1997, Subject., Harriett M. Wieder Regional Park, Traffic Study For Park Entrance At ::. 04/21197 - City Council/Redevelopment Agency Minutes - Page 19 Seapoint Street recommending that Condition No. 6 be deleted and replaced with the following: The Seapoint Street median island shall be modified to provide unobstructed view for the required distance north of the proposed left tum opening. Median modifications shall be designed subject to approval by the Public Works Department. Councilmember Green spoke regarding the comments by Jan Thomas, Huntington Beach Police Department Crime Prevention, contained in the staff report for safety conditions as they pertain to the safety of children relative to the level of the parking lot and placement of berms for an unobstructed view of patrol cars. The Police Chief responded to Councilmember Green's questions stating that the Police Department recommendation is based upon what they believe to be a sound recommendation and that Jan Thomas is the Police Department's expert in crime prevention through environmental design and has had extensive training in this area. He stated that in the Police Department's best professional judgment they believe anytime there is a parking area, especially in a park, that it should be visible from the street, not just for observance of the area by passing police officers but for neighbors in the area to be able to help police monitor activities in the park. He stated that as pointed out in Ms. Thomas' comments, the types of crimes that might occur in this area could very easily victimize children so the Police Department feels it very important that the parking lot be more visible from the street so that the Police Department's chances are increased to prevent those types of crimes. Councilmember Green stated that at the time a motion is made he would like to add another condition-5 (f): for public safety purposes, the elevation of the parking lot and size of the berms should be subject to review and approval by the Police Department. In response to Mayor Pro Tern Dettloff regarding what the three outstanding issues are, the Community Development Director stated that the third issue under consideration is a memorandum from the Public Works Department to her dated April 17, 1997--Response To Planning Commission Request Relative To A Traffic Signal Warrant Study On Seapoint Street. Mayor Pro Tern Dettloff confirmed with the Community Development Director that coming into this hearing that every issue and concern that staff had is addressed and resolved. Denny Turner, Manager, County of Orange Public Facilities and Resources Department, Harbors, Beaches and Parks Design Division, responded to Councilmember Sullivan's questions regarding the issue of the necessity to fill the ravine. He stated that there would no loss of wetlands in this issue. He reported further on the matter. Traffic Engineer Jim Otterson reported on the left turn situation site distance issue at the proposed entrance to Wieder Park on Seapoint Street. He stated that it would not be at Doral Drive but further north. He reported that they are in the process of a trafficipedestrian signal warrant study; however, he cannot say at this time what the determination will be. Councilmember Harman stated that he would like to place a condition on the project that the county pay for the traffic signal. 887 Page 20 - Council/Agency Minutes - 04/21197 Denny Turner, Manager, County of Orange Public Facilities and Resources Department, Harbors, Beaches and Parks Design Division, responded to Councilmember Harman's question regarding a one-half basketball court, stating that it did not appear to be feasible. The issue of reclaimed water as it pertained to contamination of fish at the Sully Miller Lake was discussed and the Public Works Director stated that the runoff from the homes was more likely to be an issue than Green Acres water. Mayor Bauer informed the Council that he had spoken to Second District Supervisor Silva who had informed him that there are no county funds available for county payment for a traffic signal. Earlier in the meeting, the City Clerk had announced that the following late communications on this item had been provided to the City Council: Communication dated April 21, 1997 to the Mayor and Council from the Fire Chief titled Harriett M. Wieder Regional Park Fire and Emergency Access Conditions of Approval Communication from County of Orange to the City Administrator dated April 17, 1997 requesting that the city initiate proceedings for the annexation of the unincorporated 49-acre area into the city Mayor Bauer declared the public hearing open. During the hearing, the following communications were introduced: Communication dated April 17, 1997 from Jim Otterson, Traffic Engineer, to Julie Osugi, Associate Planner, Subject. Harriett M. Wieder Regional Park --Traffic Study For Park Entrance At Seapoint Street Communication dated April 17, 1997 to the Community Development Director from Les Jones, Public Works Director, Subject. Harriett M. Wieder Regional Park Response To Planning Commission Requests LAURA MADARIAGA addressed Council in favor of the county proposal and requested that it not be changed at all. She stated that the county and staff had done a fine job and everyone is happy. She spoke in opposition to the suggestion raised about moving the parking lot entrance. Ms. Madariaga stated her opposition to a Planning Commissioner's recommendation for a signal as her home backed Seapoint Street and she would have to hear the sounds of cars speeding up to the signal, screeching to a halt, then speeding away from it; also the fumes coming over their back wall. She stated there is a valid concern for safe crossing; however, she cited reasons why she did not believe this is an issue, including other areas of the city such as at Huntington Central Park coming down Edwards Street which is a busy street; there is just a crosswalk at Inlet Drive. Mayor Bauer commented to Ms. Madariaga regarding the importance of the development of the park proceeding. Mfl 04/21/97 - City Council/Redevelopment Agency Minutes - Page 21 Councilmember Green discussed with Ms. Madariaga what he believes is the importance of following the Police Chief's recommendation relative to safety of children relative to the level of the parking lot and berms as pertains to the visibility factor. VICTOR LEIPZIG addressed Council in support of the park proposal as presented. He stated delay could kill this park as the previous speaker and the Mayor have so eloquently stated. TERRY DOLTON, representing the Amigos de Bolsa Chica, spoke regarding the history of the park planning and the benefits of the park to the community. There being no one further 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 Dettloff, second Garofalo, to approve the Addendum to Environmental Impact Report No. 521 with recommended findings and mitigation measures as set forth in Attachment No. 1 to the Request for Council Action dated April 21,1997. The motion carried unanimously. A motion was made by Dettloff, second Julien, to approve Conditional Use Permit No. 97-18 and Coastal Development Permit No. 97-9 for Phase 1 of the Harriett M. Wieder Regional Park with recommended findings and revised conditions of approval as set forth in Attachment No. 1 to the Request for Council Action dated April 21, 1997 with the following revision to Condition of Approval No. 4: (1) That the Fire Department has reached an agreement with the County of Orange to satisfy the Fire Department's safety needs. a. Fire access roads shall be a minimum width of 12 feet 10 feet with a 2 foot stay distance on each side. (2) That the signal at Seapoint Street will be reviewed by the Public Works Commission and action taken by Council at a later time. (3) That we are in agreement as to where the left hand turn lane on Seapoint Street should be placed according to the county's map. and further that Condition of Approval No. 6 be deleted and replaced with the following: The Seapoint Street median island shall be modified to provide unobstructed view for the required distance north of the proposed left turn opening. Median modifications shall be designed subject to approval by the Public Works Department. A motion was made by Green, second Sullivan, to add the following condition on Page 21, (5), (f) that for public safety purposes the elevation of the parking lot and the size of the berms shall be subject to review and approval by the Police Department. In response to a question by Mayor Pro Tem Dettloff, Mr. Turner, Manager of the County of Orange Public Facilities and Resources Department, Harbors, Beaches and Parks Design Division, reported on how this motion would impact the park development. He stated that the E•11-E Page 22 - Council/Agency Minutes - 04/21/97 county wanted the police to be able to see into the parking lot. He stated that the parking lot would be gated at the street and closed after hours. He stated that the parking lot is carefully crafted so that residents across the street can see over the parking lot, so it is a fine balance they have reached where police driving on Seapoint Street can see into the parking lot but probably will not be able to see into it all the way along Seapoint Street because if they do that, the residents can see into the parking lot as well. He stated he thinks the county can live with the condition that states that the county will, in refining the grading plans and the final construction documents for the park, work with the Police Department to ensure that there is a public safety comfort level from the Police Department being able to visually see into that parking area. Councilmember Harman asked what would be the procedure for voting on the four amendments. The Mayor stated that three are included in the motion; they were just restated for the record. Mayor Pro Tem Dettloff stated the fourth amendment has been accepted as worded by the county representative. The City Clerk asked if the wording Mr. Turner had just stated could be worded by Council. Councilmember Green stated that for public safety purposes, the elevation of the parking lot and the size of the berms shall be subject to review and approval by the Huntington Beach Police Department. Mayor Bauer stated he would vote against that motion because it does not take into account the needs of the homeowners across the street. Councilmember Garofalo requested that Council craft the language as Mr. Turner suggested that the county will endeavor to cooperate at its highest level with the Police Department to create an environment that is both acceptable to the homeowners and local law enforcement; that he is sure what he is suggesting is that they probably already have planned, kind of in the berming, peaks and valleys so that there is intermittent view and perspective view versus a constant view. He stated if that is acceptable to the maker of the motion, would Mayor Pro Tem Dettloff craft the language. Mayor Pro Tem Dettloff stated that was acceptable to her if it is to the county and that she thinks Councilmember Garofalo is just really paraphrasing what Mr. Turner has said to Council. Mr. Turner stated it is acceptable to the county. Councilmember Harman requested that Councilmember Green's/second Sullivan motion be voted on separately from the other three. Councilmember Sullivan stated that he believed there is agreement with everybody; that Councilmember Green is willing as is Mayor Pro Tem Dettloff to accept the different language that the county had. Councilmember Green concurred with Councilmember Sullivan to withdraw their original motion and go with the county. Councilmember Green stated that there will be cooperation between the county and the Police Department to see that the parking lot and the berms are approved standards of public safety. Mayor Bauer stated he could vote for it if the homeowners across the street are included in the process. Following discussion regarding vote procedure, Mayor Pro Tem Dettloff stated that her motion will include all of the three amendments plus the suggested amendment which includes the police, homeowners, and the county. The motion made by Dettloff, second Julien carried unanimously. 4. 04/21/97 - City Council/Redevelopment Agency Minutes - Page 23 A motion was made by Dettloff, second Julien, to approve in concept the Harriett M. Wieder Regional Park General Development Plan and Resource Management Plan 1997 Update with recommended findings as set forth in Attachment No. 1 to the Request for Council Action dated April 21, 1997. The motion carried unanimously. (CITY COUNCIUREDEVELOPMENT AGENCY) JOINT PUBLIC HEARING BETWEEN CITY COUNCIUREDEVELOPMENT AGENCY - COUNCIL RESOLUTION NO. 97-28 - ADOPTED - AGENCY RESOLUTION NO. 281 - ADOPTED - REGARDING APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT AND A COMMUNITY DEVELOPMENT BLOCK (CDBG) GRANT LOAN AGREEMENT WITH ORANGE COUNTY HABITAT FOR HUMANITY - ACQUISITION OF PROPERTY - 7682 RONALD ROAD - APPROVED (600.30) The Mayor announced that this was the meeting set for a joint public hearing pursuant to the California Community Redevelopment Law (Health and Safety Code Sections 33000, et seq, for the purpose of considering the approval of a proposed Disposition and Development Agreement ("the Agreement") between the Agency and Habitat for Humanity of Orange County, Incorporated, a California nonprofit public benefit corporation ("Developer"). The Agreement provides for the sale of approximately 9,085 square feet (or .21 acres) of real property bounded by Ronald Road to the north, a 20 feet paved alley to the south, existing multi -family housing to the west, and to the east (the "Site") to the Developer and the construction thereon by the Developer of a three unit condominium development for very low income households. The units created by this project will be credited to the housing obligations of the Main -Pier Redevelopment Project Area of the City of Huntington Beach (the "Project Area"). The purpose of the joint public hearing is to consider: 1. The proposed sale of real property by the Agency to Developer; 2. The proposed terms and conditions of such sale of real property; 3. The proposed Disposition and Development Agreement; and 4. All evidence and testimony for and against the approval of the Disposition and Development Agreement and the sale of real property and the terms and conditions therein. The agency has prepared a Summary Report in connection with the Agreement which describes and specifies: a. The cost to the Agency Agreement; b. The estimated value of the interest to be sold, determined: (i) at the highest and best uses permitted under the Redevelopment Plan and (ii) at the use and with the conditions, covenants, and development costs required by the sale; c. The purchase price and an explanation of why the purchase price is less than the fair market value of the interest to be conveyed (if applicable), determined at the highest and best use consistent with the Redevelopment Plan; d. An explanation of why the sale will assist in the elimination of blight; and e. Other pertinent economic analysis. The Economic Development Director presented a staff report. 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 on Habitat For Humanity Agreements dated April 21, 1997 891 Page 24 - Council/Agency Minutes - 04/21/97 Mayor Bauer declared the public hearing open. BARBARA UAMORE, Executive Director of Habitat for Humanity, spoke in support of the proposed project. A motion was made by Dettloff, second Green, to adopt the following recommended actions: Recommended City Council Motion: Adopt Council Resolution No. 97-28 authorizing the transfer of 7682 Ronald Road to the Redevelopment Agency for subsequent conveyance for Habitat for Humanity - "A Resolution Of The City Council Of The City Of Huntington Beach Approving The Transfer And Sale Of Certain Property Outside Of The Redevelopment Project Area, But in Benefit To The Main -Pier Redevelopment Project Sub Area, To Habitat For Humanity Of Orange County, Incorporated, A California Non -Profit Public Benefit Corporation; Approving The Disposition And Development Agreement Pertaining Thereto; And Making Certain Findings With Respect To Such Sale (7862 Ronald Road)." and 2. Approve and authorize execution by the Mayor and City Clerk of an Agreement between the City of Huntington Beach and Habitat for Humanity of Orange County, Incorporated for Federal Community Development Block Grant Funds for a total of $163,000 in Community Development Block Grant funds between the city and Habitat for Humanity. Recommended Redevelopment Agency Motion: 1. Adopt Agency Resolution No. 281 of the Huntington Beach Redevelopment Agency authorizing the sale and conveyance of 7682 Ronald Road to Habitat for Humanity for the construction of three condominium units for ownership by very low income families - "A Resolution Of The Redevelopment Agency Of The City Of Huntington Beach Approving The Sale Of Certain Property Outside Of The Redevelopment Project Area, But In Benefit To The Main -Pier Redevelopment Project Sub Area, To Habitat For Humanity Of Orange County, Incorporated, A California Non -Profit Public Benefit Corporation; Approving The Disposition And Development Agreement Pertaining Thereto; And Making Certain Findings With Respect To Such Disposition And Development Agreement And Such Safe (7862 Ronald Road)." and 2. Approve and authorize execution of a Disposition and Development Agreement between the Redevelopment Agency of the City of Huntington Beach and Habitat for Humanity of Orange County, Inc. .:*B 04/21/97 - City Council/Redevelopment Agency Minutes - Page 25 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 CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Professional Services Contract and Approval of Insurance Requirements between the Agency and Economic Development Systems (EDS) Professional Services Contract between the City and Howard Schultz and Associates --For Accounts Payable Auditing Services and Approval of Insurance Requirements Agreement between City and Orange County Transportation Authority for Fund Exchange Purchase of a Firefighting Water Drop Bucket for Police Helicopter Agreement to Provide Staffing Services between the City of Huntington Beach and Employment Services, Inc. --Lease of Temporary Fire Department Personnel for Fire Med Membership Marketing Program CONSENT CALENDAR - ITEMS APPROVED On motion by Garofalo, second Green, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIUREDEVELOPMENT AGENCY) MINUTES - APPROVED AND ADOPTED (120.65) - Approved and adopted minutes of the City Council and Redevelopment Agency regular meeting of April 7, 1997. (CITY COUNCIL) NOTICE OF COMPLETION - CORSICAN DRIVE STORM DRAIN IMPROVEMENTS - GRGO AND GORDON GRBAVAC CONSTRUCTION COMPANY - CC-1036 - APPROVED (600.60) - Accepted the improvements to the Corsican Drive Storm Drain Improvements at a final contract cost of $61,813,90, completed by Grgo and Grbavac Construction Company, Incorporated and authorized the City Clerk to file a Notice of Completion with the Orange County Recorder. 893 Page 26 - Council/Agency Minutes - 04/21197 (CITY COUNCIL) DESIGN REVIEW BOARD APPOINTMENT - ROBERT EBERLE - APPROVED (110.20) - Appointed Robert Eberle to a first term on the Design Review Board to expire December 31, 2000. (CITY COUNCIL) POSITION CLASSIFICATION - CONSULTANT SERVICES - HEAVY EQUIPMENT OPERATORS - PUBLIC WORKS DEPARTMENT - APPROVED (320,45) - Approved appropriation of $9,000 from the General Fund -Fund Balance to Account No. AS 176 3 90 for consultant services regarding Position Classification of Equipment Operators in the Public Works Department. (CITY COUNCIL) CITY OF HUNTINGTON BEACH V. TOSH, ET AL. - SUNNY'S FOOD AND PARKING CONCESSION - WOCMC CASE NO. 227420 - CITY OPERATION OF BEACH CONCESSIONS ON BOLSA CHICA STATE BEACH - APPROVED (600.10) - Approved and authorized the Mayor and City Clerk to execute, in substantially the form presented, the Mutual Release Agreement with Donald W. Tosh, Ted E. Christensen, and Tom A. Lewis regarding the case entitled City of Huntington Beach v. Tosh, et ai. regarding operation of the beach concessions on Balsa Chica State Beach. (REDEVELOPMENT AGENCY) 1995-96 STATE CONTROLLER'S REPORT FOR FIVE REDEVELOPMENT PROJECT AREAS - APPROVED (400.20) - Received and filed the State Controllers Report for the 1995-96 fiscal year. (Prepared pursuant to S. 33081 of the State Health and Safety Code "Redevelopment Law" and forwarded to the California Department of Housing and Community Development.) (REDEVELOPMENT AGENCY) DOWN PAYMENT ASSISTANCE PROGRAM PARTICIPANT AGREEMENT APPROVAL FOR PACIFIC PARK VILLAS PROJECT - TALBERT-BEACH PROJECT AREA - APPROVED (600.30) - Approved the borrower listed on the attachment to the Request for Redevelopment Agency Action dated April 21, 1997, the amount of the loan, and the specific property subject to trust deed and authorized the Chairperson and Agency Clerk to execute the loan documents between the Agency and the participant as prepared by the City Attorney, and authorized payment to be made to Tiempo Escrow in the amount of $35,000 on behalf of the participants. (CITY COUNCIL) REPLACEMENT OF BROKEN AND UNRELIABLE TELEVISION EQUIPMENT FOR HBTV-CHANNEL 3 - APPROVED (320.45) - Appropriated $5,509.92 from the Cable Fund balance into the Channel 3 capital account for replacement of broken and unreliable equipment as shown in Attachment A to the Request for Council Action dated April 21, 1997. 894 04/21/97 - City Council/Redevelopment Agency Minutes - Page 27 (CITY COUNCIL) CONCEPTUAL APPROVAL OF ORANGE COUNTY TAXI ADMINISTRATION PROGRAM - (OCTAP) - INTERAGENCY AGREEMENT - APPROVED (600.25) - Approved in concept the Orange County Taxi Administration Program (OCTAP) Interagency Agreement as prepared by the Orange County Transit Authority. (Conceptual approval of an agreement which would uniformly administer the licensing and regulation of taxi operations throughout Orange County.) (CITY COUNCIL) CITY COUNCIL SUPPORT OF STATE LEGISLATION - REGARDING PROPERTY TAX AND SALES TAX INEQUITIES - ACA-4 (AGUTAR) AB-95 (SWEENEY) SB-880 (CRAVEN) ABA 191 (WILDMAN) - TO REPEAL AND CORRECT AB-1191 - APPROVED (120.70) 1. Supported all ERAF and AB-1191, Proposition 172 bills introduced by the State Legislature that will assist in correcting the property tax and Proposition 172 fund distribution inequities suffered by the City of Huntington Beach; and 2. Directed the support be communicated to the State Legislature and Governor; in writing by staff preparing Letters of Support for the Mayor's signature, and verbally, if necessary, by City Council members as may be requested by proponents of the City's position(s). (ACA-4 (Property Tax Allocation); AB 95 (Property Tax Revenue); SB880 (Property Tax Revenue (Urgency); AB 334 (Revenue Allocation Local Safety Services (Urgency)). (CITY COUNCIL) AMENDMENT TO CONTRACT BETWEEN VETERANS OF FOREIGN WARS - AMERICAN LEGION - VIETNAM WAR VETERANS OF ORANGE COUNTY FOR THE INSTALLATION OF A WAR MEMORIAL AND APPROVAL OF INSURANCE REQUIREMENTS - APPROVED (600.10) -Approved amendments to the Contract between the City of Huntington Beach and the Veterans of Foreign Wars (Chapters 11548 & 17368), the American Legion Post No. 133, and the Vietnam War Veterans of Orange County and allowed the general contractor's insurance coverage to name the City of Huntington Beach and the veterans groups as additionally insured parties. (REDEVELOPMENT AGENCY) PROFESSIONAL SERVICES CONTRACT AND APPROVAL OF INSURANCE REQUIREMENTS BETWEEN THE AGENCY AND (EDS) ECONOMIC DEVELOPMENT SYSTEMS - COMMERCIAL TENANT RECRUITMENT SERVICES - MAIN - PIER REDEVELOPMENT PROJECT SUBAREA - APPROVED (600.30) The City Council considered a communication from the Economic Development Director transmitting a proposed professional services contract between the Agency and Economic Development Systems (EDS) relative to commercial tenant recruitment services. Councilmember Harman gave reasons why he did not believe this contract should be approved, including financial considerations and the fact that expertise is available in the Economic Development Department. Councilmember Garofalo gave reasons why he believed this contract was necessary due to the critical needs of the area. The Economic Development Director reported on reasons for his recommendation for approval. 895 Page 28 - Council/Agency Minutes - 04/21/97 A rriotion was made by Julien, second Dettloff, to approve and authorize execution by the Chairman and Clerk of the Professional Services Contract between the Redevelopment Agency of the City of Huntington Beach and Economic Development Systems for Commercial Tenant Recruitment Services which incorporates a waiver of errors and omissions insurance requirements, to provide professional services in retail tenant recruitment over a period of up to two years for a not -to -exceed cost of $130,000 including contingencies. Councilmember Garofalo stated his reasons for opposing the proposed agreement, including the fact that he believes businesses should be in partnership with the city and put their money on the table. He recommended the proposed agreement be tabled for two weeks. The Economic Development Director informed Council that he does have a $5,000 commitment from Tillotson Developers and Shea Developers. Pat Hearst, representative of Economic Development Systems (EDS), spoke regarding the plans of the firm. The motion made by Julien, second Dettloff, carried by the following roll call vote: AYES: Julien, Dettloff, Bauer, Sullivan, Green NOES: Harman, Garofalo ABSENT: None (CITY COUNCIL) PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY AND HOWARD SCHULTZ AND ASSOCIATES - FOR ACCOUNTS PAYABLE AUDITING SERVICES AND APPROVAL OF INSURANCE REQUIREMENTS - APPROVED AS AMENDED (600.10) The City Council considered a communication from the Deputy City Administrator/Administrative Services Director recommending approval of a professional services contract between the city and Howard Schultz and Associates for accounts payable auditing services. Councilmember Harman urged staff to upgrade the city's auditing capabilities. He requested that a report be brought every three months to Council on the progress of this project. A motion was made by Harman, second Sullivan, to 1. approve the Professional Services Contract between the City of Huntington Beach And Howard Schultz and Associates for Accounts Payable Auditing Services to provide accounts payable auditing services with waiver of 30-day notice of cancellation in event of non-payment of premiums, including that a report be brought back to Council every three months regarding the progress of this project; and 2. approve the recommendation of the Settlement Committee that the Council waive professional liability insurance due to the nature of the work performed. The Committee is further recommending that the City waive workers compensation insurance since Howard Schultz and Associates has no employees and utilizes independent contractors for the services. (Review of city's disbursement history to ensure city is not paying too much for goods or services.) The motion carried by the following roll call vote: 04/21/97 - City Council/Redevelopment Agency Minutes - Page 29 AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) AGREEMENT BETWEEN CITY AND ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUND EXCHANGE - DEFERRED TO MAY 5, 1997 (600.25) The City Council considered a communication submitted by the Deputy City Administrator/Administrative Services Director, the Public Works Director, and the Assistant City Administrator recommending approval of an agreement between the city and the Orange County Transportation Authority (OCTA) for fund exchange. Councilmember Harman spoke regarding his dissatisfaction regarding working with the Orange County Transportation Authority (OCTA), e.g., the striping requirements on Pacific Coast Highway where the OCTA is holding the city up as well as paying $11,000 to the OCTA for the Meals on Wheels Program. He stated that he believed the OCTA needed to be looked at countywide and citywide. A motion was made by Harman to approve the proposed agreement between the city and the Orange County Transportation Authority (OCTA) for fund exchange. The motion made by Harman was withdrawn prior to receiving a second. Discussion was held regarding the need to establish a relationship between the city and the Orange County Transportation Authority (OCTA). A motion was made by Sullivan, second Harman, to defer decision of the proposed agreement between the city and the Orange County Transportation Authority (OCTA) for fund exchange to the meeting of May 5, 1997. The motion carried by the following roil tail vote: AYES: Julien, Harman, Bauer, Sullivan, Green, Garofalo NOES: Dettloff ABSENT: None (CITY COUNCIL) PURCHASE OF A FIREFIGHTING WATER DROP BUCKET FOR POLICE HELICOPTER - APPROVED (320.45) The City Council considered a communication from the Police Chief recommending the purchase of a firefighting water drop bucket for the police helicopter. Councilmember Harman asked what are the dispatch procedures for going outside the city with the police water drop bucket. The City Administrator and Police Chief reported. The Police Chief reported that the pilots are trained and certified by the State Department of Forestry and that the city may be called on to participate by the Department of Forestry with reimbursement to the city at a later date. The Police Chief stated that he would report back to Council on whether the city must have outside obligations. The Fire Chief stated that he believed the city was obligated subject to city availability. 897 Page 30 - Council/Agency Minutes - 04/21/97 A motion was made by Harman, second Sullivan, to authorize the expenditure of $4,100 to purchase a firefighting water drop bucket for the city's helicopter program. The motion carried by unanimous roll call vote. (CITY COUNCIL) AGREEMENT TO PROVIDE STAFFING SERVICES BETWEEN THE CITY OF HUNTINGTON BEACH AND EMPLOYMENT SERVICES, INCORPORATED - LEASE OF TEMPORARY FIRE DEPARTMENT PERSONNEL FOR FIRE MED MEMBERSHIP MARKETING PROGRAM - APPROVED AS AMENDED - REPORT REQUESTED IN SIX MONTHS (600.10) The City Council considered a proposed agreement between the city and Employment Services, Incorporated for the lease of temporary Fire Department personnel for the Fire Med Membership Marketing Program. Following discussion, a motion was made by Harman, second Garofalo, to approve and authorize execution of an Agreement to Provide Staffing Services between the City of Huntington Beach and Employment Services, Incorporated in an amount not to exceed $94,863 annually to lease personnel for the Fire Department's Fire Med Program and further to include a condition that a six month status report be presented on this issue. The motion carried by unanimous roll call vote. (CITY COUNCIL) PETERSON SCHOOL YOUTH SPORTS FIELDS RENOVATION - AMENDMENT TO BUDGET - SOUTH OF INDIANAPOLIS AVENUE - WEST OF BEACH BOULEVARD - APPROVED (320.45) The City Council considered a communication from the Community Services Director informing Council of the need to renovate the turf at the re -opened Peterson School (Huntington Beach City School District) to make it accessible to youth sports groups. 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 Chuck Sheid dated April 21, 1997 regarding setting forth recommendations relative to Council action The Community Services Director reported on the Council's questions relative to this issue. A motion was made by Sullivan, second Garofalo, to continue decision on the proposed amendment to the budget for Peterson School youth sports fields renovation to the Council meeting of May 5, 1997. The motion failed by the following roll call vote: AYES: Sullivan, Green NOES. Julien, Harman, Dettloff, Bauer, Garofalo ABSENT: None A motion was made by Dettloff, second Harman, to approve an amendment to the current year budget by appropriating $128,149 for the installation of a new irrigation system and renovation of the playing fields at Peterson School. The motion carried by unanimous roll call vote. Mfl 04/21/97 - City Council/Redevelopment Agency Minutes - Page 31 (CITY COUNCIL) BROAD CRITERIA AND OBJECTIVES FOR SHEA BUSINESS PROPERTIES - MORGAN BUSINESS PROPERTIES - 31 ACRE SITE - BOUNDED BY PACIFIC COAST HIGHWAY -1 ST STREET - ATLANTA AVENUE - HUNTINGTON STREET - APPROVED (440.80) The City Council considered a communication from the Economic Development Director, Community Development Director, Public Works Director and Assistant City Administrator setting forth broad criteria and objectives for Shea Business Properties/Morgan Business Properties for the 31-acre site bounded by Pacific Coast Highway, 1st Street, Atlanta Avenue, and Huntington Street. A motion was made by Sullivan, second Garofalo, to approve Attachment No. 1 to the Request for Council Action dated April 21, 1997 - the document titled City of Huntington Beach Broad Criteria and Objectives for Shea/Morgan Stanley 31 Acres - Pacific Coast Highway - Hunfington - Atlanta - First. Councilmember Harman gave reasons for his concern, including that the downtown area has not been completed which is necessary in order to know what will correspond with this proposal. He cited noise concerns with residential in the rear of the property and the need to mitigate noise impacts on nearby residents by use of sound barriers and buffers. The Community Development Director stated that this item was meant to be general and the law requires such review through CEQA. Councilmember Harman stated that he would concur with the recommendation but would rather see it more specific and be on the checklist from Council. He stated he was against mixed use and believes it should be deleted. A motion was made by Sullivan to approve deleting mixed use. Mayor Pro Tem Dettloff stated that she would like to add some creativity in design guidelines but that she cannot agree with removing mixed use. Economic Development Director Biggs stated that he believed language could be developed to ease Council's concerns. Jack Godard, Vice President/Manager, Commercial Properties Group, Shea Business Properties, requested that as developers their hands not be tied. Councilmember Sullivan withdrew his motion prior to receiving a second. A motion was made by Sullivan, second Garofalo, to approve Attachment No. 1 to the Request for Council Action dated April 21, 1997 - the document titled City of Huntington Beach Broad Criteria and Objectives for Shea/Morgan Stanley 31 Acres - Pacific Coast Highway - Huntington - Atlanta - First as amended to incorporate commercial and residential into the project which maximizes the amount of specialty retail, restaurants, entertainment, hospitality, other visitor -serving uses and providing the opportunity for creative design and the needs of the customers and residents. The motion carried by unanimous roll call vote. ... Page 32 - Council/Agency Minutes - 04/21/97 (CITY COUNCIL) CREATION OF CITY COUNCIL SUBCOMMITTEE FOR HUNTINGTON CENTRAL PARK SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT - APPROVED - COUNCILMEMBERS SULLIVAN AND HARMAN APPOINTED TO THE SUBCOMMITTEE (120.25) The City Council considered a communication from the Community Services Director informing Council of the need to consider creating a City Council subcommittee to coordinate with the city staff team and consultants in the preparation of the Huntington Central Park Specific Plan and Environmental Impact Report (EIR). A motion was made by Sullivan to create a Huntington Central Park Specific Plan and Environmental Impact Report (EIR) Council Subcommittee and to appoint two Councilmembers to work with representatives from the Community Services Commission and Planning Commission. The Mayor appointed Councilmembers Sullivan and Harman. Councilmember Garofalo stated that he would vote for the recommended action; however, he stated concern that there are two "Measure C" Council proponents assigned to the committee. The motion made by Sullivan, second Harman, carried unanimously. (CITY COUNCIL) CITY TREASURER SUMMARY - INVESTMENT PORTFOLIO ACTIVITY - FEBRUARY, 1997 - ACCEPTED (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Summary Review for February, 1997. 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 - City Treasurer The City Treasurer reported that there was no significant change in her report. She informed Council that there had been a decrease in the amount invested in the Local Agency Investment Fund (LAIF) which represented a more diversified portfolio. She also brought Council's attention to a new chart reflecting liquidity. A motion was made by Garofalo, second Green, to accept the Monthly Investment Report for February, 1997, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by unanimous roll call vote. OR 04/21/97 - City Council/Redevelopment Agency Minutes - Page 33 (CITY COUNCIL) ORDINANCE NO. 3349 - ADOPTED - APPROVES SUPPLEMENT NO. 2 TO REFUSE COLLECTION AND DISPOSAL SERVICES FRANCHISE AGREEMENT BY AND BETWEEN CITY AND RAINBOW DISPOSAL - RAINBOW TRANSFER AND RECYCLING COMPANIES (600.45) A motion was made by Garofalo, second Sullivan, to adopt, after a reading by title by the City Clerk, Ordinance No. 3349 - "An Ordinance Of The City Of Huntington Beach Amending The Franchise Of Rainbow Disposal/Rainbow Transfer And Recycling Companies To Collect Refuse." The motion carried by unanimous roll call vote. (CITY COUNCIL) ORDINANCE NO. 3350 - ADOPTED - AMENDS HOLLY-SEACLIFF SPECIFIC PLAN - CODE AMENDMENT NO. 96-2 - SOUTH OF ELLIS AVENUE - NORTH OF PALM AVENUE - WEST OF MAIN STREET - EAST OF CITY BOUNDARY (450,30) A motion was made by Garofalo, second Sullivan, to adopt, after a reading by title by the City Clerk, Ordinance No. 3350 - "An Ordinance Of The City Of Huntington Beach Amending The Huntington Beach Ordinance Code By Amending The Holly-Seacliff Specific Plan (Code Amendment No. 96-2)." The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Green, Garofalo NOES: Sullivan ABSENT: None (CITY COUNCIL) ORDINANCE NO. 3354 - APPROVED - GRANTS PIPELINE FRANCHISE FOR TRANSPORTATION OF OIL - CONSENT CITY ASSIGNMENT FROM UNION OIL TO TORCH OPERATION COMPANY (600.45) A motion was made by Garofalo, second Sullivan, to adopt, after a reading by title by the City Clerk, Ordinance No. 3354 - "An Ordinance Of The City Of Huntington Beach Granting To Torch Operating Company A Franchise To Construct, Operate And Maintain A Pipeline System For The Transportation Of Oil." The motion carried by unanimous roll call vote. (CITY COUNCIL) DEFERRED FROM APRIL 7, 1997 - APPROVED INTRODUCTION OF ORDINANCE NO. 3353 - SPECIFIC EVENTS PROCESS - AMENDMENT TO BUDGET (640.10) The City Council considered a communication from the Community Services Director submitting a process for the city to receive specific event revenue in order to provide accountability and to reimburse city departments for their costs to provide service for the specific event. A motion was made by Dettloff, second Garofalo, to: 1. Approve the procedures presented herein for the Specific Events Committee Approval Process and the tracking and department reimbursement from revenues received for specific events; 901 Page 34 - Council/Agency Minutes - 04121197 2. Approve an amendment to the current year budget by appropriating $191,599 into Non - Departmental Specific Events and adjusting the estimated revenue for 1996/97 by the same amount; and 3. Approve introduction of Ordinance No. 3353, after reading by title by the City Clerk - "An Ordinance Of The City Of Huntington Beach Amending Chapter 5.68 Of The Huntington Beach Municipal Code Pertaining To Specific Events Permit Applications, Permit Granting Conditions And Permit Denial Conditions." The motion carried by unanimous roll call vote. (CITY COUNCIL) DEFERRED FROM APRIL 7, 1997 - ACCESS TO BEACH PATH AT SEAPOINT AND PACIFIC COAST HIGHWAY - DEFERRED TO MAY 5, 1997 (930.20) Mayor Bauer, due to the lateness of the hour, deferred his item regarding access to the beach path at Seapoint and Pacific Coast Highway to the next regularly scheduled City Council meeting. (CITY COUNCIL) DEFERRED FROM MARCH 17, 1997 - REQUEST FOR RESOLUTION DELETING PREVAILING WAGE IN CONSTRUCTION CONTRACTS - REMOVED FROM AGENDA - TO RETURN AT LATER DATE (100.10) Councilmember Sullivan earlier in the evening had informed the Council that he would defer his request for resolution deleting prevailing wage in construction contracts to a future date pending investigation of the process used in the City of San Diego and that at such time as it returns as stated earlier in the meeting the person speaking on this issue would be involved. COUNCILMEMBER GAROFALO'S COMMENTS REGARDING COASTAL COMMISSION REJECTION OF OCEANCREST PROJECT - GENERAL PLAN AMENDMENT 96-3 - ZONING MAP AMENDMENT 96-3 - NEGATIVE DECLARATION 96-4 (440.50) Councilmember Garofalo commented briefly on the Coastal Commission's rejection of the Oceancrest Project and his letter accompanying the submittal of the project by staff to the Coastal Commission. P 04/21/97 - City Council/Redevelopment Agency Minutes - Page 35 ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 1:40 a.m. to Friday, April 25, 1997 at 12:00 noon at the Central Library, 7111 Talbert Avenue, Huntington Beach, California. ATTEST: City Clerk/Clerk 41f'6� City CI rk and ex-officio Clerk of1he City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California gyle� Mayor/Chairman 903