Loading...
HomeMy WebLinkAbout1997-07-21MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Monday, July 21, 1997 An audio tape recording of the 5:00 p.m. portion of this meeting and a video tape recording of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. CALL TO ORDER Mayor Bauer called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: None PUBLIC COMMENTS ON STUDY SESSION OR CLOSED SESSION ITEMS KIRK EVANS, developer, spoke regarding items which make it difficult to develop in the city, including that developers do not know which departments to go to for assistance. He stated that the establishing of one location for developers to receive assistance would be helpful. Mr. Evans stated that the in -lieu fee is a problem and that it is the commercial developers that are creating the need for affordable housing. He informed Council that he believes if the city enacts an in -lieu fee that a purpose for the fee must be determined. Mayor Bauer requested that Mr. Evans write a letter to the City Council outlining his comments at this meeting. Councilmember Garofalo requested that Mr. Evans provide any information which he may have obtained from other cities. City Clerk Brockway announced that proposed Ordinance No. 3214 had been distributed to the City Council by Planning Director Zelefsky. 111 Page 2 - Council/Agency Minutes - 07/21/97 (CITY COUNCIL) STUDY SESSION - AFFORDABLE HOUSING ORDINANCE - DISCUSSION REGARDING PROPOSED ORDINANCE NO. 3214 (430.50) Planning Director Zelefsky, using a slide report, presented an overview of the affordable housing ordinance issue. The slide report covered state mandated housing elements; redevelopment law - replacement versus production; existing programs; density bonus; single residence occupancy (SRO); second unit "granny flats'; housing rehabilitation and neighborhood development standards, chronology leading to affordable housing ordinance; findings of the Affordable Housing Task Force and the Planning Commission; and key components of the ordinance which include that developers of residential projects may elect to pay an in -lieu fee or off -site provision of affordable housing unless the project is part of a Specific Plan development. Councilmember Garofalo pointed out sections of proposed Ordinance No. 3214 which he believes need revising. Planning Director Zelefsky, in response to Mayor Pro Tern Dettloff, stated that the Holly- Seacliff area affordable housing is within the Holly-Seacliff Development Agreement. Following discussion, Planning Director Zelefsky confirmed that proposed Ordinance No. 3214 is consistent with the General Plan. A motion was made by Garofalo, second Julien to direct City Administrator Uberuaga to take the subject to the City Council of proposed Ordinance No. 3214 as a top priority. The motion carried unanimously. It was the consensus of Council that one additional member of Council would be appointed to the Affordable Housing Committee which would form a Council Subcommittee to conduct posted and public meetings. (CITY COUNCIL) REQUEST FOR REPORT REGARDING REDEVELOPMENT AGENCY SET -ASIDE FUNDS (120.90) Councilmember Garofalo requested a report regarding the 20% Redevelopment Agency Set - Aside Funds in escrow. CITY COUNCIL) MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80) A motion was made by Sullivan, second Julien 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 54957.E to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management 112 07/21/97 - City Council/Redevelopment Agency Minutes - Page 3 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(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 Bland vs. City of Huntington Beach - Orange County Superior Court Case No. 75 94 58. Subject: Bland vs. City of Huntington Beach. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiator, Robert Franz, Deputy City Administrator -Administrative Services, regarding negotiations with Benge Family concerning the purchase/sale/exchange/lease of the property located at 2502 Delaware Street, Huntington Beach. Instruction will concern both price and terms of payment. Subject: Yorktown Widening Project. (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 Talbert and Beach vs. City of Huntington Beach - United Stated District Court Case No. SACV 96-969 AHS. Subject: Talbert & Beach vs. City of Huntington Beach. (120.80) RECONVENE Mayor Bauer reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber. (CITY COUNCIL) REPORT OF ACTIONS TAKEN IN CLOSED SESSION (120.80) The City Attorney determined that the following actions taken by the City Council or Redevelopment Agency in Closed Session require a reporting on those actions as required by law (Government Code). (CITY COUNCIL) REPORT OF ACTION TAKEN AT MAY 19, 1997 CLOSED SESSION REGARDING WILLIAMS V. CITY OF HUNTINGTON BEACH - ORANGE COUNTY SUPERIOR COURT CASE NO. 76-33-11 (120.80) During the May 19, 1997 Closed Session, the City Council voted 7-0 to authorize an offer on this case which resulted in a settlement in the amount of $15,000. Deputy City Attorney Scott Field announced that the first case involved the claim of a roller blader injury on the bike path. 113 Page 4 - Council/Agency Minutes - 07/21/97 (CITY COUNCIL) REPORT OF ACTION TAKEN AT JUNE 16, 1997 CLOSED SESSION REGARDING BURFORD V. CITY OF HUNTINGTON BEACH - ORANGE COUNTY SUPERIOR COURT CASE NO. 77-47-32 (120.80) During the June 16, 1997 Closed Session, the City Council voted 6-0 (Harman absent) to authorize an offer on this case which resulted in a settlement in the amount of $12,000. Deputy City Attorney Field announced that this settlement involved an accident involving a city employee. Mayor Bauer announced that further information on the aforementioned items may be obtained from City Attorney Hutton or Deputy City Attorney Scott Field. 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 Councilmember Harman. 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 distribution of the agenda: Draft Ordinance No. 3214 regarding Affordable Housing received by the City Clerk during the earlier portion of the meeting Corrected Page No. 11 of the City Council Agenda from the City Clerk changing dollar amount on the Agreement with Psomas & Associates from $1000,000 to $100,000 City Treasurer's Slide Report titled Treasurer's Report dated July 21, 1997 received by the City Clerk during the meeting Communication from Thomas Dawes dated June 17, 1997 in opposition to the proposed expansion of the Park, Tree and Landscape Division Maintenance Yard Slide Report from the Community Services Director dated July 21, 1997 regarding Huntington Central Park Specific Plan Communication from Jay and Lynne Davis dated July 21, 1997 in opposition to the Appeal and Variances requested for 18741 Jockey Circle, Conditional Use Permit No. 96 -79 and Variance No. 96 -27 114 07/21/97 - City Council/Redevelopment Agency Minutes - Page 5 Revised Page Nos. 7 and 11 of Beach Boulevard Commercial CorridorAuto Dealer Survey and Recommendations For Action Report dated June 6, 1997 from the Economic Development Director Slide Report titled Refuse Service Rate received by the City Clerk during the meeting Slide Report from Administrative Services Department titled Proposition 218 Compliance dated July 21, 1997 received by the City Clerk during the meeting Attachment No. 4B Memorandum from the City Attorney to the City Administrator dated July 18, 1997, Subject: LAFCO (Local Agency Formation Commission) Approval Required in Connection with Entering into a Water Services Agreement with the Koll Company - RLS 97 - 236 Communication from Nancy Donaven, President of the Bolsa Chica Land Trust, dated July 21, 1997 urging postponement of the vote on Fire Services for the Balsa Chica Development Project Revised Page No. 1 from City Attorney Hutton of Resolution Nos. 97-51 & 97-52 correcting Government Code Section regarding acquisition of property by eminent domain from the City Attorney RECOGNITION AND PRESENTATION - by Mayor Bauer and the City Council with Brian Garland, Principal, Edison High School, and Dr. Ronald Bennett, Superintendent, Huntington Beach Union High School District, introduction of the 1997 National Academic Championship Team from Edison High School. Team members are David Farris, Mark Brinkman, Gregg Chapman, Rajay Kumar and David Chan, Alternate. Coaches: Linda Carpenter and David Hernandez. The 1997 National Academic Championship finals were held in Washington, D.C. Edison High School defeated James Island High School, Charleston, South Carolina in the finals. (160.40) PRESENTATION - by Mayor Bauer and the City Council to Home Depot representative Quinn Linndom, Store Manager, and Jim Morris, District Manager, and to Loehmann's Five Points represented by Sandra Lamperts, On -site Store Manager, and to Vista Center. (160.40) PRESENTATION - by Mayor Bauer and the City Council to Fire Chief Mike Dolder and Ross Cranmer, City Building and Safety Director, to Russell Cobel, City Building Inspector, of a Certificate of Commendation and a plaque for risking his life to save an elderly couple from their burning home in San Juan Capistrano. (160.40) PRESENTATION - by Mayor Bauer and the City Council to Ron Hagan, Community Services Director, by Kirk Evans, Centerstone Development representative, of a check in the amount of $5,000 for Project Self -Sufficiency. (160.40) 115 Page 6 - Council/Agency Minutes - 07/21/97 PRESENTATION - by Mayor Bauer and the City Council to Ron Hagan, Community Services Director, by Jan Berliner, Chair of the Alliance, of a check in the amount of $515 to cover funds for the Art On The Beach Scholarships. (900.30) PRESENTATION - by Mayor Bauer and the City Council to Jan Berliner, Chair of the Alliance, introduction of the five student winners who will attend the Art On The Beach - Children's Art Day Camp: Stacey Olavarria, Dianna Pham, Brian DeNomme, Louis Taylor, and Zerlina Clements. (900.30) PRESENTATION - by Mayor Bauer and the City Council to the Community Development, Planning Staff for receiving the 1997 "Excellence in Planning" award to the Huntington Beach General Plan Update awarded by the Orange Section of the American Planning Association in the category of "Comprehensive Planning." Winning this award automatically forwards the department to state level competition. Staff members to be recognized are: Melanie Fallon, Community Development Director (unable to attend); Howard Zelefsky, Planning Director; Linda Niles, Senior Planner (unable to attend); Herb 1=auland, Planner; and Brian James (former Huntington Beach Planner). (160.40) PUBLIC COMMENTS EILEEN MURPHY urged the City Council to vote in opposition to the agenda item regarding the Letter of Understanding for fire services for the Bolsa Chica development. TOM LOGAN, Citizens Bureau of Investigation, spoke regarding the agenda item regarding compliance with Proposition 218 rules. He stated that he had prepared a letter to the Howard Jarvis Taxpayer's Association regarding this issue and city employees salaries, and transmitting copies of material issued by the city on these matters. Mr. Logan spoke in opposition to the staff position that water fees are not property related. JAMIE TREVOR, representing Kaiser Permanente Hospital, addressed Council in opposition to a proposed nude theater to be located near their medical offices. She stated that children come to the facility every day and compared it with the law that requires a 500 foot buffer to schools and churches. She requested that Council add medical facilities to the current ordinance. City Administrator Uberuaga informed Council that the city has an ordinance regulating adult businesses. He presented an update on the application currently being processed in the Planning Department. He informed Council of the other permits that would be required. Deputy City Attorney Field informed Council of the history of the matter including the lawsuit against the city on this issue which had previously been filed. He presented an update on legal ramifications involved. He informed Council that because of this litigation he had advised the City Council not to comment on this matter during this meeting. 116 07/21/97 - City Council/Redevelopment Agency Minutes - Page 7 EVA THAYER addressed Council and requested its support of Assembly Bill 675 - Alcohol Intoxication and Firearms Bill. Ms. Thayer provided information to Council relative to the death of her brother by an off -duty sheriff in another county who was under the influence of alcohol. She distributed a letter regarding the issue to Council which included the proposed legislation. Councilmember Harman requested that City Administrator Uberuaga bring Assembly Bill 675 before the Intergovernmental Relations Committee. ED FEIERABEND, president of the property located between Bushard, Brookhurst and Banning, addressed Council regarding the issue of infrastructure and referred to the recent City Council meeting where slides were shown of deteriorating sewers. He stated at the meeting the feasibility of an assessment district for sewers had been discussed. Mr. Feierabend informed Council that he believes the city infrastructure must be maintained and requested that the sewers be fixed even if a fee is charged to the residents. CHRISTOPHER NISSEN stated his opposition to the proposed nude entertainment business due to what he believes will be resulting decline of the neighborhood and the effect on children. He submitted a petition to Council in opposition to the proposed nude theater. BEVAN UNRAU, pastor, Seabreeze Community Church, addressed Council in opposition to the proposed nude entertainment business as the church office is located nearby and parishioners and their children drop by the office. VICTOR BROWN addressed Council in opposition to the proposed nude entertainment theater. He questioned if Council would want this type of business within two blocks of their homes. EVELYN PEASLEY submitted a letter in opposition to the proposed nude entertainment theater. She stated the people would support the Council's opposition to the proposal. MIKE GORDON addressed Council regarding his concerns as to how the proposed nude entertainment theater will affect his nearby business. Mr. Gordon stated that he had talked to persons who informed him of the negative effects of these types of businesses including increased crime and downgrade of property values; that such businesses should not be located near facilities such as residences, parks and schools. He stated that reasonable regulations should be made on these types of businesses. Mr. Gordon informed Council that he believes it is improper land use. KATHY KURJAN informed Council that she believes this type of land use goes against the city's Mission Statement. She stated that she believes the police will agree as they will be getting a lot of calls on the nude entertainment theater. Ms. Kurjan stated that she would have to pass it every day to go home. MILES ELLEDGE spoke regarding the problem he has encountered the past two years of being exposed to the toxic materials in the vicinity of his neighborhood due to the soil mediation procedure at the land fill. He stated that notice had not been given regarding removing his car on Garfield Avenue. Mr. Elledge requested that the street parking be restored. 117 Page 8 - Council/Agency Minutes - 07/21/97 Mayor Bauer requested City Administrator Uberuaga to investigate this matter. Fire Chief Dolder reported on the issue and stated that he would report to Council further on the matter. BIJAN SASSOUNIAN addressed Council and stated his opposition to the proposed nude entertainment business. He spoke regarding the importance of keeping the community flourishing. He stated that he did not believe the business should be located in the back yard of residences; that it is not highway -commercial property. Mr. Sassounian informed Council that he has just finished $10 million project in this area. BOB OSTERHOUDT informed Council of his recent move to Mr. Sassounian's development, stating he wants to remain proud of his home. He spoke in opposition to the proposed nude entertainment business and stated that in the City of Stanton, where he works at a school, there are the remnants of an adult business which are very hard to explain to school children. Mr. Osterhoudt stated that he believes family values are the issue and that this proposed business does not meet the City Mission Statement adopted by Council. MARY YELOVICH protested the annual burglar permit renewal fee. She stated that she has not received what she believes is an adequate answer from the city on this issue. Ms. Yelovich informed Council that she was given answers to the reason for the renewal fee which included the fee being used for FireMed funding which she believes is not an adequate answer. She spoke regarding this issue as she believes it applies to Proposition 218. City Administrator Uberuaga stated that an answer in writing to Ms. Yelovich's questions would be prepared as well as an answer as to if the renewal fee would relate to Proposition 218. GENNE GROVER presented a petition regarding the nude entertainment business. She urged others to begin a petition. Ms. Grover requested a date be set for the issue to be addressed. She reported that in other cities petitions have helped to prevent the businesses from going in. Deputy City Attorney Field stated that there is no hearing before the City Council on this use; that this is the best opportunity for the people to express themselves. City Administrator Uberuaga stated that if the neighborhood would like to meet with city staff to discuss the ordinance and the process it can be arranged. (CITY COUNCIL) COUNCiLMEMBER HARMAN'S REPORT REGARDING ASSEMBLY BILL 1228 - SAND REPLENISHMENT FOR BEACHES (120.70) Councilmember Harman reported on his trip to Sacramento where he lobbied for passage of Assembly Bill 1228 that would provide sand replenishment for beaches. He informed Council that it appears that the bill may pass. (CITY COUNCIL) INCREASE IN CITY CONSTRUCTION ACTIVITY - CITY ADMINISTRATOR'S REPORT (340.20) City Administrator Uberuaga presented a report stating that about 451 building permits have been issued since last fall which is higher than anticipated. He presented other statistics 118 07/21/97 - City Council/Redevelopment Agency Minutes - Page 9 regarding construction activity. City Administrator Uberuaga stated that contractual staff will be added to meet the staff demand. (CITY COUNCIL) STATUS OF CITY EMPLOYEE STAFFING - CITY ADMINISTRATOR'S REPORT (700.10) City Administrator Uberuaga stated that he had spoken with a reporter who had been mistaken in his article which stated that there had been an employee increase. He stated that the reporter informed him that a correction would be made. City Administrator Uberuaga presented the correct figures. He clarified that there has never been an across-the-board hiring freeze. He explained the selective hiring freeze. City Administrator Uberuaga reported that additional information will be available to the City Council and public on the matter. Councilmember Garofalo clarified how the reporter could have misinterpreted the numbers. (CITY COUNCIL) REQUEST FROM COUNCILMEMBER HARMAN FOR MONITORING OF CONSTRUCTION ACTIVITY AT 21 ST STREET AND AT THE HOLLY-SEACLIFF CONSTRUCTION SITE Councilmember Harman requested that City Administrator Uberuaga ensure that dust and construction activities compliance be monitored at the project site at 21st Street and at the project site at the Holly-Seacliff property. (CITY COUNCIL) CITY TREASURER MAY, 1997 INVESTMENT SUMMARY REVIEW - RECEIVED AND FILED (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Report for May, 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 Slide Report titled Treasurer's Report dated July 21, 1997 City Treasurer Freidenrich reviewed her slide report. Councilmember Garofalo requested that Slides Number 5 and 6 contain a comparison of the year of the bankruptcy and where the city is now. Following review of the report, a motion was made by Garofalo, second Harman to accept the Monthly Investment Report for May, 1997 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by unanimous vote with Mayor Pro Tern Dettloff out of the room. 119 Page 10 - Council/Agency Minutes - 07/21/97 (CITY COUNCIL) PUBLIC HEARING - HUNTINGTON CENTRAL PARK SPECIFIC PLAN ALTERNATIVE NUMBER 4A APPROVED (920.50) The City Council held a public hearing to solicit community input regarding the Specific Plan for the undeveloped portions of Huntington Central Park; in addition to planning the undeveloped areas, the Specific Plan also includes consolidation/enhancement of the existing group camping area, a bandstand north of the library, and expansion of the park maintenance yard (9,600 sq. ft.). Community Services Director Hagan presented a slide report. Leslie Temple, representing Nuvis Architects, reported on the proposed plan. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council: Communication from Thomas Dawes dated June 17, 1997 in opposition to the proposed expansion of the Park, Tree and Landscape Division Maintenance Yard Slide Report from the Community Services Director dated July 21, 1997 regarding Huntington Central Park Specific Plan Mayor Bauer declared the public hearing open KATHY KURJAN stated that Diagram-4A (Batting Cage) which had been mailed to residents is different than that shown tonight. She stated she believed a batting cage would require a Measure C vote. Ms. Kurjan informed Council of her opposition to expansion of the park maintenance yard as she believed there is already adequate space which is not being used as well as adjacent paved space available. She stated that she does not believe soccer gets the attention it deserves and that baseball takes over those kinds of overlay fields. She questioned where youth sports had been considered. RICH KURJAN spoke in opposition to aspects of the plan including questioning the need for group camping_ He stated the need to be very careful in the planning of the park. He questioned why the Frisbee Golf Course was not designated on the map. GLENN KIMMEL informed Council that he goes almost as far back as when the bond issue was voted on by the people at which time it was to be a passive park. He stated that botanical gardens should be placed there. TERI LINDENBERGER urged Council to approve the youth sports complex plan for Huntington Central Park. He cited the loss of playing fields from schools shutting down. She stated that some youth groups had to be turned away for lack of playing space. CAROLE ANN WALL, President of the Theauraputic Riding Center, informed Council that she is very excited regarding the plan and the benefits that it will give to persons who have handicaps. She spoke regarding the growth of the Theauraputic Riding Center. 120 07/21/97 - City Council/Redevelopment Agency Minutes - Page 11 BOB MANDIC cautioned Council to do a very thorough soil analysis of the land before building. He stated that maintenance and personnel costs must be considered. There being no one to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by Mayor Bauer. Mayor Pro Tem Dettloff requested Community Services Director Hagan to respond to Ms. Kurjan's concerns. Community Services Director Hagan addressed the expansion of the maintenance yard, stating that it was being designated as such and is needed. He stated that Council would make the determination. He addressed Council regarding the percentage of passive acreage to which they are trying to stay true. In response to the wording of the measure passed last November, he stated that he believes the batting cage is covered, but that he would check on this project at the EIR level. Jim Engle, Deputy Director, Beaches, Recreation and Development Division, Community Services Department, addressed Ms. Kurjan's concerns regarding the camping area, clarifying how.it will be planned. He stated that the legal notices were prepared before the issue of the batting cages arose. Mr. Engle addressed the desire to enhance youth activities as part of the plan. He addressed the obligation to meet the Driftwood Mobile Home Agreement or to renegotiate the agreement. Mayor Bauer spoke regarding those persons in our community who wrote the bond issue that built the parks, most of whom have passed away. Councilmember Harman informed Council that he believes this is a compromise between active and passive use for Huntington Central Park, that new areas in the north and south of the city will be freed up as a result of adult sports being placed in the park. Councilmember Harman stated that he favors Option 4A but is disappointed that the urban forest could not go through. A motion was made by Garofalo, second Harman that per the recommendations of the City Council Subcommittee, Community Services Commission and staff, to approve the Specific Plan as presented in Attachment No. 1 to the Request for Council Action dated July 21, 1997 for Huntington Central Park including Alternative No. 4(a) Sports Complex with batting cage as well as the urban forest, viewpoint, trails, therapeutic riding school, tot lot, parking lots, swim complex, rest rooms, bandstand, group camping, and 9,600 sq. ft. expansion of the Park, Tree and Landscape Division Maintenance Yard. The motion carried by unanimous vote. (CITY COUNCIL) PUBLIC HEARING - ZONING TEXT AMENDMENT NO. 95-6 - SIGN CODE REWRITE - HEARING CONTINUED OPEN TO AUGUST 4, 1997 (420.35) Mayor Bauer announced that this was the meeting set for a public hearing to consider the following: A comprehensive Sign Code Amendment to Chapter 233, Signs, of the Huntington Beach Zoning and Subdivision Ordinance Code. Mayor Bauer declared the public hearing open. 121 Page 12 - Council/Agency Minutes - 07/21/97 On motion by Sullivan, second Garofalo, Council continued the public hearing on Zoning Text Amendment No. 95-6 to the August 4, 1997 City Council meeting. The motion carried by unanimous vote with Councilmember Harman out of the room. (CITY COUNCIL) PUBLIC HEARING - APPEAL FILED BY GILDA KESHAVARZIAN TO THE PLANNING COMMISSION DENIAL OF A REVISED PLAN - CONDITIONAL USE PERMIT NO. 96-79 - VARIANCE NO. 96-27 - TWO STORY SPLIT LEVEL HOUSE -18741 JOCKEY CIRCLE - SOUTHWEST OF ELLIS AVENUE AND SADDLEBACK LANE - HEARING CLOSED WITH DECISION CONTINUED TO AUGUST 18, 1997 (420.40) Mayor Bauer announced that this was the meeting set for a public hearing to consider the following: Applicant: Gilda Keshavarzian Property Owner/Appellant: Gilda Keshavarzian and Mahavesh Keyranazar Request. Appeal to Planning Commission's denial of a revised plan for an 8,587 square foot, two story, 35 foot high, single family dwelling with variances to permit an eight (8) foot setback in lieu of minimum 50 feet and to exceed the maximum two (2) foot cut and fill grading limitation. The proposed project requires a revision to the previously approved master site plan (Conditional Use Permit No. 89-6A) and will be on a lot with a grade differential of more than three (3) feet between the high point and the low point. Location: 18741 Jockey Circle - at the terminus of Jockey Circle, southwest of Ellis Avenue and Saddleback Lane Environmental Status: The proposed project is categorically exempt pursuant to Class 3, Section 15303 of the California Quality Act which states that construction of a single family dwelling will not have an adverse impact on the environment and no further environmental analysis is required. Scott Hess, Senior Planner, presented a staff report. City Clerk Brockway announced that the following communication on this item had been provided to the City Council: Communication from Jay and Lynne Davis dated July 21, 1997 in opposition to the Appeal and Variances requested for 18741 Jockey Circle, Conditional Use Permit No. 96 -79 and Variance No. 96-27 Mayor Bauer declared the public hearing open. JAMES B. ZARINAFSAR addressed Council in favor of the appeal. He presented a video tape to the City Clerk titled To City Clerk, Part of July 14, 1997 Letter from Zarinafsar and Associates, Incorporated and exhibits including a communication from James B. Zarinafsar dated July 14, 1997 titled Planning Commissioners Mr. Tom Livenaood, Mr. Fred Speaker and Mr. Gerald Chapman and a 27 page document not dated which included drawings. He displayed the previous model of the home and the revised model. Using lar a diagrams he resented a detailed description of the project including proposed revisions. 122 07/21/97 - City Council/Redevelopment Agency Minutes - Page 13 GILDA KESHAVARZIAN gave reasons in support of her appeal. She spoke regarding their efforts to design their house stating that they had visited neighborhoods with beautiful homes in Newport Beach and Beverly Hills, visited showrooms, looked at magazines and talked to those who could help with the project. She spoke regarding their efforts to meet with members of the neighborhood to make the project better for everybody. MARK NITIKMAN spoke regarding why he believed the variance request was not only unfair but legally not allowable as findings have not been met. He stated that others in the area have had to design to meet requirements. Mr. Nitikman stated that this lot is in the 1993 site plan and not governed by the 1997 code and it is not a justification. He stated that it would be injurious to the surrounding property owners. JANELLE MARKS stated her concern that the house will tower over her house. She stated that she does not understand why the appellants do not have to follow the rules which they followed. BOB MANDIC presented reasons why he opposed the approval of the appeal. Mr. Mandic pointed to the chart and showed areas of his concern. He stated that the whole idea of a Specific Plan was for view corridors. Mr. Mandic informed Council that his is the adjacent lot, and informed them of how it would impact his property. He urged the City Council to uphold the Planning Commission denial with their findings. CARRIE THOMAS stated that other owners had to comply with requirements. She stated that it was her understanding that the house was supposed to built on 1 !Q l9tS -blut Was just built en -one -let homeowner to the south was given_ an option to buy a lot and a half to build his home and he designed his home based on a lot and a half. She stated that the home was approved on a lot and a half and after the aipproval the homeowner decided not to purchase a lot and a half and a hue monstrous house resulted on one lot. She stated these are the types of things being encountered. She spoke regarding the requirements of the Specific Plan. Ms. Thomas addressed Council regarding the difficult driveway requirement that she had to meet. She spoke regarding other development problems occurring in the area which she did not understand. GERALD CHAPMAN addressed Council and listed the four findings which must be found in order to approve a variance. He spoke regarding the requirement that all four findings must be met in order to grant the appeal. Mr. Chapman presented reasons why he believes the findings cannot be met including that it is possible that a residence can be built on the property. BOB KASRAVI stated that he had been told by persons that he had to have the approval of Mr. Chapman. He referred to a wooden model of the proposed home and spoke regarding his discussions with Mr. Chapman. He also informed Council of his discussions with the Marks' family. There being no one to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by Mayor Bauer. Scott Hess, Senior Planner, responded to questions of Council regarding the matter, including the City Attorney's opinion regarding the 1993 vs. 1997 zoning due to grading which has been done. The distinction between stories and levels was discussed. In response to Mayor Pro Tem Dettloff, Mr. Hess reported on issues involving adjacent parcels. In response to Councilmember Sullivan, Mr. Hess reported on the concerns of the Planning Commissioners which caused them to deny this request. Mr. Hess responded to Councilmember Harman's 123 Page 14 - Council/Agency Minutes - 07/21/97 question regarding what the view would be from Mr. Mandic's property. Councilmember Harman stated that he believes the equestrian trails were intended for open space and view corridors. He spoke regarding safety concerns relative to the horses due to the building being so close for a substantial distance to the equestrian trail including "children will be children" and throwing things off balcony; horses looking down into the property, and the smell. Mayor Bauer spoke regarding the matter and stated that he would like to see the proponent of the project go to the official Home Owners Association to reach a solution. Planning Director Zelefsky stated that this is feasible, but he is not sure of the home owners' stance on the issue Mayor Bauer presented a suggestion that the solution may be to meet not Oust with the adjacent neighbors but that the homeowners' group on its letterhead give some indication of what it would find acceptable or reach some kind of agreement with the proiect proponent. Discussion was held between the Mayor and Planning Director Zelefsky regarding holding a joint meeting between city staff and both affected homeowners' associations involved in this ro'ect• that this would provide the elements to reach a solution. A motion was made by Garofalo Bauer, second Dettloff to continue decision on the appeal filed to the Planning Commission denial of a revised plan - Conditional Use Permit No. 96-79 - Variance No. 96-27 - to the August 18, 1997 Council meeting with the suggestion to the staff_ that they facilitate what the Mayor has lust suggested. Following discussion, the motion carried by unanimous vote. (CITY COUNCIL) A MOTION TO ADJOURN FOLLOWING ACTION ON CERTAIN CITY COUNCIL AGENDA ITEMS A motion was made by Green, second Garofalo that Council would adjourn after consideration of agenda items including Resolution No. 97-79 - Refuse Service Rates, agenda item regarding Letter of Understanding - Bolsa Chica Development, the agenda item regarding Specially Noticed Hearing - Goldenwest Street Right -of -Way Widening, and Ordinance No. 3368 - 72-Hour Parking. The motion carried by the following roll call vote: AYES: Julien, Dettloff, Sullivan, Green, Garofalo NOES: Harman, Bauer ABSENT: None CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Bid Award - Pavement Coating Company - For Renewal Of Contract For Slurry Sealing Of Residential Streets - MSC-388 Appropriation for Worker's Compensation Claims Administration and Data Processing System and Related Computer Technologies Approval of Ten Community Development Block Grant (CDBG) Subgrantee Agreements and Waiver of Insurance Requirements Redevelopment Agency Resolution No. 283 - Support for Section 202 Application - Bowen Court Senior Apartments 124 07/21/97 - City Council/Redevelopment Agency Minutes - Page 15 Amendment No. 1 to the Water Facilities Agreement between City and McDonnell Douglas Company and McDonnell Douglas Realty Company CONSENT CALENDAR - ITEMS APPROVED Councilmember Julien requested the City Clerk to record her abstention from voting on the June 23, 1997 minutes because she was absent from that meeting. On motion by Green, second Garofalo, 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 - App oved and adopted minutes of the City Council/Redevelopment Agency adjourned regular meetings of June 23, 1997 and June 30, 1997 as written and on file in the Office of the City Clerk. (120.65) Councilmember Julien requested the City Clerk to record her abstention from voting on the June 23, 1997 minutes as she was absent from that meeting. (CITY COUNCIL) RETENTION OF EXPERT WITNESS - PECK RESERVOIR LITIGATION - PROFESSIONAL SERVICES CONTRACT WITH ENGINEERING FIRM OF WISS, JANNEY, ELSTNER ASSOCIATES INC. - CITY V. MONTGOMERY WATSON, ET AL - AMENDMENT TO PROFESSIONAL LIABILITY INSURANCE COVERAGE - APPROVED (600.10) 1. Approved and authorized the Mayor to sign and the City Clerk to attest the Professional Services Contract between the City and Wiss, Janney, Elstner Associates, Inc. for consultant expert witness engineering services in connection with the Peck Reservoir Litigation (original agreement will be provided to the City Clerk for execution of signatures); 2. appropriated $65,000 into Account No. E-EW-AT-130-4-05-00 for Wiss, Janney, Elstner Associates Inc.; and 3. approved deductible of $250,000 on professional liability insurance coverage. (CITY COUNCIUREDEVELOPMENT AGENCY) COMMITMENT OF HOME INVESTMENT PARTNERSHIP FUNDS - AGREEMENT BETWEEN THE CITY AND THE REDEVELOPMENT AGENCY FOR ACQUISITION AND DEVELOPMENT OF AFFORDABLE HOUSING PROJECTS - OAKVIEW AREA - WITH ORANGE COUNTY COMMUNITY HOUSING CORPORATION (OCCHC) - APPROVED (600.30) - Authorized execution by the Mayor and City Clerk and the Chairman and Agency Clerk of the Commitment of Funds Agreement between the City of Huntington Beach and the Huntington Beach Redevelopment Agency. This agreement commits a minimum of $433,900 in 1995 HOME Investment Partnership Program funds to the Redevelopment Agency to provide affordable housing per the United States Department of Housing and Urban Development (HUD) regulations at 24 CFR Part 92. 125 Page 16 - Council/Agency Minutes - 07/21/97 (CITY COUNCIL/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 July 21, 1997 in 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 attached participants. (CITY COUNCIL) APPOINTMENTS TO ECONOMIC DEVELOPMENT TASK FORCE - BAME - RAAB - STICKMAN - YGLESIAS - APPROVED (120.25) -Appointed Jerome M. Bame, Attomey at Law; Michael S. Raab, President of Optical Laser; Robert Stickman, Western Region Director of Sharp Electronics Corporation; and Kenneth Yglesias, President of Golden West College to fill current vacancies on the Economic Development Task Force as recommended by the Economic Planning Committee. (CITY COUNCIL) ADOPTED - RESOLUTION NO. 97-46 AND RESOLUTION NO. 97-47 - TWO PROJECTS TO BE SUBMITTED FOR STATE GRANTS - BLUFFTOP PARK RAILING REPLACEMENT PROJECT AND HUNTINGTON CLIFFS FEASIBILITY STUDY-1997-98 COASTAL RESOURCES GRANT PROGRAM (AB 1431) - ADOPTED (340.80) - 1. Adopted Resolution No. 97-46 - "A Resolution Of The City Council Of The City Of Huntington Beach Approving the Application for Grant Funds for the Coastal Resources Grant Program Under Sections 35030 and 35031 of the Public Resources Code for the Blufftop Park Railing Replacement~ Project." (Authorizes the city's grant application for the Blufftop Railing Replacement Project) and 2. Adopted Resolution No. 97-47 - "A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds for the Coastal Resources Grant Program Under Sections 35030 and 35031 of the Public Resources Code for the Huntington Cliffs Feasibility Study." (Authorizes the city's application for the local match of the U.S. Army Corps of Engineers Huntington Cliffs Feasibility Study.) (CITY COUNCIL) FINAL TRACT MAP NO. 14135 OF TENTATIVE TRACT MAP NO. 14135 WITH BONDS AND SUBDIVISION AGREEMENT - OCEANCREST PARTNERS SUBDIVISION WEST - SIDE OF SEAPOINT STREET - NORTH OF PACIFIC COAST HIGHWAY - APPROVED (420.60) - 1. Approved Final Tract Map No. 14135 and accepted the offer of dedication and improvements and bonds (American Insurance Company) pursuant to findings and requirements listed in Attachment No. 1 to the Request for Council Action dated July 21, 1997 and 2. approved the Subdivision Agreement between the city and Oceancrest Partners, L.P. and authorized execution by the Mayor and City Clerk. (CITY COUNCIL) OPERATIONAL REVIEW - POLICE DEPARTMENT - AGREEMENT BETWEEN THE CITY AND DAVID M. GRIFFITH AND ASSOCIATES -APPROVED (600.10) Approved and authorized the Mayor and City Clerk to execute an Agreement between the City of Huntington Beach and David M. Griffith and Associates, LTD. for Operational Review of the Police Department in the amount of $81,000. (To be completed in five months unless 126 07/21/97 - City Council/Redevelopment Agency Minutes - Page 17 schedule is extended by mutual agreement of city and Contractor and not in conflict with State Controller's deadlines.) (CITY COUNCIL) RELEASE OF SECURITIES - WEST OF BEACH BOULEVARD - SOUTH OF TALBERT - INVESTMENT CERTIFICATE OF DEPOSIT - CITY ACCEPTANCE OF IMPROVEMENTS - TRACT NO. 14828 SASSOUNIAN CAPITAL VENTURES, INC. - APPROVED (420.60) 1. Accepted the improvements constructed and dedicated for public use within Tract No. 14828; 2. released Investment Certificate of Deposit No. 09848-00271; 3. instructed the City Clerk to notify the developer, Sassounian Capital Ventures, Inc. of this action and the City Treasurer to notify Bank of America of this action; and 4. instructed the City Clerk to record the "Acceptance of Public Improvements" with the Orange County Recorder. (CITY COUNCIL) BEACH BOULEVARD COMMERCIAL CORRIDOR AUTO DEALER SURVEY DATED JUNE 2, 1997 AND RECOMMENDATIONS FOR ACTION - APPROVED (460.30) - Received and filed the Beach Boulevard Commercial Corridor Auto Dealer Survey and Recommendations for Action dated June 2, 1997 and directed staff to pursue implementation of the Recommendations for Action as set forth on Page Nos. 10 and 11 of said survey. (CITY COUNCIL) METRO CITIES FIRE AUTHORITY FIRST AMENDED JOINT POWERS AGREEMENT - CITIES OF ANAHEIM, FOUNTAIN VALLEY, FULLERTON, GARDEN GROVE, NEWPORT BEACH, AND ORANGE - REAPPOINTMENT OF CITY ADMINISTRATOR AS BOARD MEMBER AND FIRE CHIEF AS ALTERNATE BOARD MEMBER - APPROVED (600.40) - 1. Approved and authorized the Mayor and City Clerk to execute the Metro Cities Fire Authority First Amended Joint Powers Agreement between the city and cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Newport Beach and Orange and 2. approved reappointment of City Administrator Michael Uberuaga as Huntington Beach's Metro Cities Fire Authority Board Member and Fire Chief Michael Dolder as the city's alternate Board Member. (CITY COUNCIL) PSOMAS AND ASSOCIATES - FIRST AMENDMENT TO PROFESSIONAL SERVICES CONTRACT - GIS DATA CONVERSION SERVICES REGARDING INTEGRATED INFRASTRUCTURE MANAGEMENT PROGRAM (IIMP) IMPLEMENTATION PHASE I - AMENDMENT TO INSURANCE REQUIREMENTS - APPROVED (600.10) - Approved and authorized execution by the Mayor and City Clerk of the First Amendment to Professional Services Contract between the City of Huntington Beach and Psomas and Associates for GIS Data Conversion Services to include professional consulting services in connection with: 1. Phase I for finalizing the IIMP, formulating a comprehensive financing strategy, and developing an implementation strategy; 2. appropriated $100,000 to initiate Phase I of the Implementation Plan for finalizing the IIMP; and 3. waived the requirement that the consultant have $100,000 in insurance per claim and allowed for $500,000 in this case. 127 Page 18 - Council/Agency Minutes - 07121/97 (CITY COUNCIL) BID AWARD - PAVEMENT COATING COMPANY - FOR RENEWAL OF CONTRACT FOR SLURRY SEALING OF RESIDENTIAL STREETS - MSC-388 - DEFERRED TO AUGUST 4, 1997 COUNCIL MEETING - (688-S9 eb 2-v - -j L) The City Council considered a communication from Public Works Director Jones recommending a bid award to Pavement Coating Company for renewal of contract for slurry sealing of residential streets. This item was deferred by the City Council to August 4, 1997 at the request of Councilmember Harman. (CITY COUNCIL) APPROPRIATION FOR WORKER'S COMPENSATION CLAIMS ADMINISTRATION AND DATA PROCESSING SYSTEM AND RELATED COMPUTER TECHNOLOGIES - DEFERRED TO AUGUST 4, 1997 (320.45) The City Council considered a communication from Fire Chief Dolder recommending an appropriation from the General Fund Unappropriated Balance for the worker's compensation claims administration system, the data communication processing system and the purchase of three computer workstations. At the request of Councilmember Harman, this item was deferred to the August 4, 1997. (CITY COUNCIL) APPROVAL OF TEN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUBGRANTEE AGREEMENTS AND WAIVER OF INSURANCE REQUIREMENTS - APPROVED (600.10) The City Council considered a communication from Economic Development Director Biggs which recommended that Council: 1. Approve and authorize the Mayor and City Clerk to execute ten individual subgrantee agreements based on the sample contract (as approved by the City Attorney) between the city and each public service agency; includes separate OCTA subgrantee agreement. The agreements are as follows: Adult Day Services - $10,000, Boys and Girls Clubs of Fountain Valley - $23,000, Community Services Program (CSP) - $23,000, Episcopal Service Alliance - $12,000, Feedback Foundation - $5,000, Interval House Crisis Shelter - $18,100, Huntington Beach Community Clinic - $25,000, Orange County Council On Aging - $5,000, Orange County Transportation Authority - $11,000, Fair Housing Of Orange County - $36,636, and waive the usual insurance requirements from the subgrantee contracts. (In previous years, the prevailing insurance requirements have not applied to the Subgrantee agencies.) Councilmember Harman informed staff that the staff report reflected 12 items for approval but only 10 are listed. A motion was made by Harman, second Sullivan to approve the aforementioned recommended action. The motion carried by the following roll call vote: 128 07121197 - City Council/Redevelopment Agency Minutes - Page 19 AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCILIREDEVELOPMENT AGENCY) REDEVELOPMENT AGENCY RESOLUTION NO. 283 - SUPPORT FOR SECTION 202 APPLICATION - BOWEN COURT SENIOR APARTMENTS - CORNER OF LAKE STREET AND YORKTOWN AVENUE - OPTION AGREEMENT BETWEEN REDEVELOPMENT AGENCY AND RETIREMENT HOUSING FOUNDATION - INSURANCE WAIVER - AUTHORIZATION FOR AGENCY STAFF TO NEGOTIATE A DISPOSITION AND DEVELOPMENT AGREEMENT WITH ORANGE HOUSING DEVELOPMENT CORPORATION OR OTHER AGENCY - ADOPTED (600.30) The City Council considered a communication from Economic Development Director Biggs transmitting Resolution No. 283 - "A Resolution of the Redevelopment Agency of the City of Huntington Beach Authorizing Funding Support For Retirement Housing Foundation To Construct An Affordable Housing Project. " Discussion was held regarding issues involving the federal grant. A motion was made by Harman, second Dettloff to: 1. Adopt Redevelopment Agency Resolution No. 283 authorizing funding support by the Huntington Beach Redevelopment Agency with a grant, or reduced sales price, of Agency -owned land acquired at a cost of $885,000 and a loan of $2 1 5,000 in Redevelopment Housing Set -Aside Funds for the construction of senior apartments by Retirement Housing Foundation (RHF); 2. approve and authorize the Agency Chairman and Agency Clerk to execute the Option Agreement with Retirement Housing Foundation (RHF); 3. waive the required liability insurance for RHF only as they apply to the site control document and only for purposes of applying for the HUD Section 202 Program. This waiver will not be requested if a DDA is approved at a later time; and authorize Agency staff to negotiate a Disposition and Development Agreement (DDA) with RHF, Orange Housing Development Corporation (OHDC), or a special 501(C)(3) single asset nonprofit corporation as may be required by HUD if Section 202 funds are awarded to the proposed project. The motion carried by the following roll call vote. - AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: Garofalo ABSENT: None ABSTENTIONS: Julien (CITY COUNCIL) AMENDMENT NO. 1 TO THE WATER FACILITIES AGREEMENT - BETWEEN CITY AND MCDONNELL DOUGLAS COMPANY & MCDONNELL DOUGLAS REALTY COMPANY - APPROVED AND REQUEST THAT CONGRESSMEN BE CONTACTED FOR ASSISTANCE - (600.10) The City Council considered a communication from Public Works Director Jones recommending approval of Amendment No. 1 to the Water Facilities Agreement between the City and McDonnell Douglas Company and McDonnell Douglas Realty Company. 129 Page 20 - Council/Agency Minutes - 07/21/97 A motion was made by Harman, second Garofalo to approve and authorize the Mayor and City Clerk to execute Amendment No. I to Water Facilities Agreement between McDonnell Douglas Company (MDC) and McDonnell Douglas Realty Company (MDRC) and the City of Huntington Beach. (Specifies the terms and conditions by which McDonnell Douglas Company (MDC) and McDonnell Douglas Realty Company (MDRC) grant fee ownership of a water well site and easements for construction of water facilities to the city, and by which the city installs certain improvements to its water distribution facilities.) The motion was carried by unanimous vote with Councilmember Julien out of the room. Councilmember Harman requested that staff ask for the assistance of our Congressmen on this issue. (CITY COUNCIL) RESOLUTION NO. 97-49 - NOT ADOPTED - REDUCTION OF EXISTING RESIDENTIAL REFUSE SERVICE RATES - RAINBOW DISPOSAL REFUSE COLLECTION FRANCHISE AGREEMENT - EXHIBIT A - APPROVED (600.45) The City Council considered a communication from Public Works Director Jones dated July 21, 1997 regarding the Annual Review of Service Rates required by the Refuse Collection Franchise Agreement with Rainbow Disposal. The communication also transmitted Resolution No. 97-49 - 'A Resolution of the City Council of the City of Huntington Beach Establishing Residential Curbside Refuse Collection Rates." (Reduces the existing residential refuse service fee to $16.49 (from $16.55) per month per unit -service for the time period of July 1, 1997 to June 30, 1998. In addition the communication recommended adoption of Exhibit A to the Refuse Collection Franchise Agreement. Earlier in the meeting, City Clerk Brockway announced that the following communication on this item had been provided to the City Council: Slide Report titled Refuse Service Rate received by the City Clerk during the meeting Public Works Director Jones presented a staff report. Councilmember Sullivan stated that he believes that .06 cents of this year and .46 cents of last year should be made a part of the resolution for a total of .52 cents to be returned to the people. A motion was made by Sullivan, second Harman to move that Resolution No. 97-49 be amended to insert the amount of .52 cents. Considerable discussion was held between Council and Public Works Director Jones. The motion made by Sullivan, second Harman failed by the following roll call vote: AYES: Harman, Sullivan NOES: Julien, Dettloff, Bauer, Green, Garofalo ABSENT: None 130 07/21/97 - City Council/Redevelopment Agency Minutes - Page 21 A motion was made by Garofalo, second Julien to keep rates stable but apply .06 cents to any future rate increase and adopt Exhibit A effective July 1, 1997 as the new Exhibit A to the Refuse Collection Franchise Agreement. The motion carried by the following roll call vote: AYES: Julien, Dettloff, Bauer, Green, Garofalo NOES: Harman, Sullivan ABSENT: None (CITY COUNCIL) REPORT REGARDING COMPLIANCE WITH PROPOSITION 218 RULES - RELATIVE TO ALL CITY TAXES, ASSESSMENTS, FEES, AND CHARGES AND REVIEW AND DOCUMENTATION OF APPROPRIATE GENERAL FUND CHARGES TO THE WATER FUND - CONTINUED TO AUGUST 4, 1997 (310.20) The City Council deferred to August 4, 1997 a communication from the Deputy City Administrator -Administrative Services regarding compliance with Proposition 218 rules relative to all city taxes, assessments, fees or charges. (CITY COUNCIL) CREATION OF A CITIZENS' ADVISORY COMMITTEE - CITYWIDE PUBLIC AWARENESS PROGRAM REGARDING COMMUNITY'S INFRASTRUCTURE SYSTEMS NEEDS - APPROVED AS AMENDED (840.50) The City Council considered a communication from Deputy City Administrator -Public Information Officer Barnard, Deputy City Administrator -Administrative Services Director Franz, and Public Works Director Jones recommending the creation of a Citizens' Advisory Committee that would work with city staff and a consultant to develop and implement a Public Awareness Program to inform the local residents about the condition and needs of the city's infrastructure systems in a clear and understandable manner and the choices to be made to fund these systems. Following discussion, a motion was made by Green, second Garofalo to adopt the recommended action as amended as follows: To authorize the Mayor and Mayor Pro Tem to work with city staff to develop a procedure for developing a representative list of community based organizations and individuals that the City Council could appoint to serve on a Citizens' Advisory Committee. The Citizens' Advisory Committee to be formed for the purpose of working with staff and a consultant to develop and implement a Public Awareness Program to inform the local residents about the condition and needs of the city's infrastructure systems in a clear and understandable manner and the choices to be made to fund these systems. The motion carried by unanimous vote. (CITY COUNCIL) (DEFERRED FROM JUNE 2, 1997) LETTER OF UNDERSTANDING - APPROVED - REGARDING FIRE SERVICES FOR THE BOLSA CHICA DEVELOPMENT PROJECT (440.60) The City Council considered a communication from Fire Chief Dolder informing Council that after numerous meetings between the Orange County Fire Authority, the Koll Company (Koll), and city staff regarding the provision of Fire, Rescue, Emergency Paramedic Service, and 131 Page 22 - Council/Agency Minutes - 07/21/97 Ambulance Transportation Service to the unincorporated Bolsa Chica development area, various areas of agreement were reached. This Letter of Understanding is not intended to be a binding document but rather to serve as an outline for developing separate Implementation Agreements between the Orange County Fire Authority and Koll Company; Orange County Fire Authority and the city. (Slide report included). Earlier in the meeting, City Clerk Brockway announced that the following communications on this item had been provided to the City Council; Attachment No. 4B Memorandum from the City Attorney to the City Administrator dated July 18, 1997, Subject: LAFCO (Local Agency Formation Commission) Approval Required in Connection with Entering into a Water Services Agreement with the Koll Company - RLS 97 - 236 Communication from Nancy Donaven, President of the Bolsa Chica Land Trust, dated July 21, 1997 urging postponement of the vote on Fire Services for the Bolsa Chica Development Project Fire Chief Dolder presented a staff report. He responded to several questions from Mayor Pro Tern Dettloff including timing of revenues to the city when and if an agreement is signed with the Orange County Fire Authority and whether or not anything is built on the Mesa. The Fire Chief responded to questions by Councilmember Green including confirmation that a future agreement will not be entered into by the city and Koll Company but will enter into an agreement with the Orange County Fire Authority and the Orange County Fire Authority will enter into an agreement with Koll Company. A motion was made by Garofalo, second Julien to authorize the Fire Chief and the City Clerk to execute the Letter of Understanding regarding Fire Services for the Bolsa Chica Development Area. The Fire Chief responded to Councilmember Harman's question regarding the urgency of acting on this Letter of Understanding stating that the Orange County Fire Authority can know whether they have to go into a planning mode and develop infrastructure on the Orange County Fire Authority side or whether the city is going to take care of it on our side. He responded to Councilmember Harman's question regarding entering into a Letter of Understanding with Koll Company as a signer due to Koll Company's bankruptcy. Councilmember Sullivan stated his concerns regarding the effect on the city if the Koll Company reneged on its capital payment of $11.2 million and the Fire Chief reported. Mayor Pro Tern Dettloff spoke regarding the issue and presented the history of the Council Subcommittee on this issue stating that she believes the Fire Chief's recommendations followed that direction. She stated that she would not sign a final agreement or contract unless a Coastal Commission hearing has been held and the city knows what the Koll Company can or cannot do on the mesa and what the position of the Koll Company is regarding the bankruptcy. 132 07121/97 - City Council/Redevelopment Agency Minutes - Page 23 Mayor Bauer stated his objection to departments piecemealing the project. He spoke regarding the fact that the city does not know what is the corporate structure of the Koil Company; there is no Coastal Commission action on this issue; that he has been told that an EIR cannot be piecemealed and the communication from City Attorney Hutton regarding LAFCO approval and the city's current preannexation agreements between the city and the County were cited by Mayor Bauer. The Fire Chief responded to Councilmember Sullivan's questions regarding city Fire Department services provided to the County. He stated that he would like to know what the annual cost is to the city to take care of the County area of Sunset Beach, Councilmember Harman stated that he also would like this information. He stated he realized that this is an interlocking, overlaying mutual response type thinking but that he believes the city is getting the short end of time; also that he is concerned this will happen with Police Services too. The motion made by Garofalo, second Julien carried by the following roll call vote: AYES: Julien, Dettloff, , Green, Garofalo NOES: Harman, Bauer, Sullivan ABSENT: None (CITY COUNCIL) SPECIALLY NOTICED HEARING - GOLDENWEST STREET RIGHT-OF- WAY WIDENING BETWEEN ELLIS AVENUE AND CLAY AVENUE - ACQUISITION OF PROPERTY BY EMINENT DOMAIN - HOLLY-SEACLIFF DEVELOPMENT AREA - RESOLUTIONS OF NEED AND NECESSITY NO. 97-51 AND 97-52 - ADOPTED - APN 110-211-03 (BORGHETTI) AND 110-211-02 (MAROW) - WEST SIDE OF GOLDENWEST STREET - SOUTH OF ELLIS AVENUE (650.50) The City Council considered a communication from Administrative Services Director Franz transmitting Resolutions of Need and Necessity No. 97-51 and 97-52 pertaining to the acquisition of property necessary to the widening of Goldenwest Street between Ellis Avenue and Clay Avenue. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council: Revised Page No. 1 from City Attorney Hutton of Resolution Nos. 97-51 & 97-52 correcting Government Code Section regarding acquisition of property by eminent domain from the City Attorney Mayor Bauer announced that this agenda item is a specially noticed hearing held under Code of Civil Procedure Section 1245.235. Only those persons who have been specially noticed and have previously requested to appear and be heard, or their designees, under Code of Civil Procedure Section 1245.235 shall be heard at this time. 133 Page 24 - Council/Agency Minutes - 07/21/97 Mayor Bauer stated that the subject matter of this special hearing is limited to only those matters included in the proposed resolutions. The amount of compensation is not at issue during this public hearing. It is decided by the courts at a later date should the resolutions be adopted and that two-thirds majority of the entire City Council is required to adopt the resolutions; the resolutions must receive five affirmative votes to be adopted. A motion was made by Green, second Garofalo to approve the following recommended action: 1. Adopt Resolution No. 97-51 - "A Resolution of the City Council of the City of Huntington Beach Declaring the Public Interest and Necessity of Acquisition of Portions of Property Located on Goldenwest Street in the City of Huntington Beach, California, identified As Assessor's Parcel No. 110-211-03, for the Purposes of Conducting Roadway Improvements." (Marrow) west side of Goldenwest Street, south of Ellis Avenue. and 2. Adopt Resolution No. 97-52 - 'A Resolution of the City Council of the City of Huntington Beach Declaring the Public Interest and Necessity of Acquisition of Portions of Property Located on Goldenwest Street in the City of Huntington Beach, California, Identified As Assessor's Parcel No. 110-211-02, for the Purposes of Conducting Roadway Improvements." (Borghetti) west side of Goldenwest Street, south of Ellis Avenue. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) - APPROVED ADOPTION OF ORDINANCE NO. 3368 - AMENDS CODE PERTAINING TO VEHICLES PARKED ON THE STREET FOR OVER 72 HOURS AND REMOVAL BY POLICE DEPARTMENT - (ALLOWS PARTICIPATION IN STATEWIDE VEHICLE ABATEMENT PROGRAM) (560.20) The City Council considered adoption of Ordinance 3368 which would amend the code pertaining to vehicles parked on the street for over 72 hours and removal by the Police Department which would allow participation in a statewide vehicle abatement program. A motion was made by Green, second Garofalo to adopt Ordinance No. 3368 after a second reading by title by the City Clerk - "An Ordinance of the City of Huntington Beach Amending Section 10.08.130 of Chapter 10.08 Pertaining to Vehicles Parked on the Street for Over 72 Hours and Vehicle Removal by the Police Department." The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None 134 07/21/97 - City Council/Redevelopment Agency Minutes - Page 25 (CITY COUNCIL) INTRODUCTION OF ORDINANCE NO. 3369 - DRESSING IN PUBLIC PLACES AND/OR REST ROOMS - CONTINUED TO AUGUST 4, 1997 (640.10) The City Council considered introduction of Ordinance 3369 which would amend Chapter 9.20 of the Huntington Beach Municipal Code pertaining to dressing in public places and/or toilets. ( (Amends code to include private toilets open to the public.) Deputy City Attorney Field reported on the proposed ordinance. A motion was made by Garofalo, to approve introduction of Ordinance No. 3369. Following discussion, Councilmember Garofalo withdrew his motion. A motion was made by Garofalo , second Sullivan to continue Ordinance No. 3369 to the August 4, 1997 City Council meeting. The motion carried by the following roll call vote: AYES: Julien, Kafman,_ Dettloff, Bauer, Sullivan, Garofalo NOES: ABSENT: None (CITY COUNCIL) MAYOR BAUER DIRECTED TO WRITE A LETTER TO TIME ORANGE COUNTY CHIEF EXECUTIVE OFFICER AND SUPERVISOR JIM SILVA REGARDING COUNCIL'S OPPOSITION TO CEO'S RECOMMENDATION FOR DISTRIBUTION OF BANKRUPTCY FUNDS A motion was made by Sullivan, second Green that the item of the Orange County Chief Executive Officer's recommendation regarding the distribution of the Orange County Bankruptcy funds arose on Sunday following the distribution of the agenda; that this is of such fiscal impact to the city it cannot wait to the next agenda, and that pursuant to Government Code Section 54954.2, Subsection B, Subsection 2, that this item be considered. The motion carried unanimously. A motion was made by Sullivan, second Green to direct Mayor Bauer to write a strong letter to the Orange County Chief Executive Officer and to Supervisor Jim Silva stating Council's opposition to and total disagreement with the Orange County Chief Executive Officer's proposal for distribution of bankruptcy funds; that the city had made commitments of the funds; and he requested the City Attorney send a similar letter from a legal standpoint. Also that a letter be sent to Mr. Patrick Shea, representing the pool participating in the Orange County Bankruptcy, and the other 31 cities within Orange County. The motion carried unanimously. 135 Page 26 - Council/Agency Minutes - 07/21/97 ADJOURNMENT - CITY COUNCILIREDEVELOPM ENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to the regular meetings to be held on Monday, August 4, 1997 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: 4:f6� - City Clerk!Clerk Z� 49&Atr_-_ City C rk and ex-officio Clerk o the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California 9WA4 96464n� ayor/Chairman iNV