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HomeMy WebLinkAbout1997-12-08 (9)MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 6:30 P.M. - Council Chamber Huntington Beach, California Monday, December 8, 1997 An audio tape recording of the 5:00 p.m. portion of this meeting and a video tape recording of the 6:30 p.m. portion of this meeting is on file in the Office of the City Clerk. CALL TO ORDER Mayor Dettloff called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Green, Dettloff, Bauer, Sullivan (Harman and Garofalo arrived at 5:02 p.m.) Absent: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS Persons were not 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 Sullivan, second Green to recess the City Council to closed session to consider the following items. The motion carried by the following roll call vote: AYES: Julien, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Harman, Garofalo Councilmembers Harman and Garofalo arrived at the beeinninai of the closed session. RECONVENE The Mayor reconvened the adjourned regular meetings of the City Council and Redevelopment Agency at 6:55 p.m, in the Council Chamber. 369 Page 2 - City CouncillRedevelopment Agency Minutes - 1218/97 (CITY COUNCIL) ACTIONS FROM CLOSED SESSION (120.80) Public Report Of Action Taken At The December 1, 1997 Council Meeting Pursuant To Government Code Section 54957.1 (A) To Closed Session Regarding Unlawful Work Stoppage, Police Department City Attorney Hutton read a public report of action taken during the closed session on December 1, 1997 as follows: Council took action on December 1, 1997 in closed session to initiate action to secure a temporary restraining order for unlawful work stoppage against the Huntington Beach Police Officers' Association and the individual members of the Police Association. The actions of the defendants and other particulars shall, once formally commenced, be disclosed to any person upon inquiry unless to do so would jeopardize city's ability to effectuate service of process on one or more unserved parties or that to do so would jeopardize the agency's ability to negotiate to its advantage. The vote was 7-0, all members voting yes to initiate the subject litigation. (CITY COUNCIL) ADOPTED RESOLUTION NO. 97-84 DECLARING A STATE OF EMERGENCY ON SATURDAY, DECEMBER 6, 1997 - FLOOD EMERGENCY The City Council was presented with proposed Resolution No. 97-84 to declare a state of emergency on Saturday, December 6, 1997. Acting City Administrator Silver had executed said resolution during the emergency situation, and presentation of the resolution at this meeting was for the purpose of ratifying Resolution No. 97-84. Motion Regarding the Need to Take Action on an Item Which Arose Subsequent to the Posting of the Agenda A motion was made by Councilmember Sullivan, second Bauer regarding the need to take action regarding Resolution No. 97-84 - "A Resolution of the City Council of the City of Huntington Beach Ratifying the Proclamation of Local Emergency Issued by the Director of Emergency Services of the City of Huntington Beach on December 6, 1997"which arose subsequent to the posting of the agenda pursuant to Govemment Code Section 54954.2(b). The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None A motion was made by Green, second Sullivan to adopt Resolution No. 97-84 - "A Resolution of the City Council of the City of Huntington Beach Ratifying the Proclamation of Local Emergency Issued by the Director of Emergency Services of the City of Huntington Beach on December 6, 1997." 370 12/8197 - City Council/Redevelopment Agency Minutes - Page 3 Whereas, on December 6, 1997, heavy rainfall caused the existence of flooding in the City of Huntington Beach, and Due to the aforesaid flooding, there is extreme peril to the safety of persons and property within the City and The City Council is not now in session, and The Director of Emergency Services is empowered by Huntington Beach Municipal Code Section 8.60.070(a) to issue a proclamation of local emergency in such circumstances, NOW, THEREFORE, 1 hereby declare that a state of local emergency exists in the City of Huntington Beach as of 10.10 a.m. on December 6, 1997. This proclamation shall expire seven (7) days after the time and date hereof, or until superseded by resolution of the City Council, whichever should first occur." The motion made by Green, second Sullivan carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None Mayor Dettloff informed the City Council and audience that the Emergency Operations Center was fully staffed and working very smoothly during the recent flood emergency on December 6, 1997. Fire Chief Dolder described the extent of the emergency situation including flooding of streets, cars and mobile home parks. He informed Council on the evacuation of the mobile home residents. He reported on the partnership of the Police and Fire Departments, Marine Safety, CERT, RACES, Red Cross and the school district which provided Sowers School for the shelter of displaced residents. Fire Chief Dolder stated that the community still needs to be alert and prepare for similar situations, e.g., education by HBTV-3 disaster programming, stocking sandbags in garages prior to emergencies. Councilmember Garofalo spoke regarding the special needs of the elderly such as education to have their medicine/oxygen needs nearby to take with them when evacuating; also kits to be taken which contain blankets, towels and first aid supplies to the emergency shelter. Mayor Dettloff asked the Fire Chief to extend the City Council's appreciation to all the city employees who worked during the emergency by filling sand bags and assisting residents and insuring that the emergency was handled. LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK Pursuant to the Brown Act (Open Meetings Act), the City Clerk announced the following late communications regarding Agenda Items which had been received following the distribution of the agenda. She announced the availability of these items at her desk and also at her office Tuesday morning. 371 Page 4 - City Council/Redevelopment Agency Minutes - 1218/97 Communication from Bill Holman, Planning and Government Relations, PLC Land Company, dated December 5, 1997 regarding Holly-Seacliff Reimbursement Issues Request for Council Action dated December 8, 1997 regarding Approval of a Resolution Ratifying the Declaration of a Local Emergency on Saturday, December 6, 1997 Revised Section 5 - Water Reimbursement Analysis - Boyle Engineering submitted by the Public Works Director with a revised date of September 25, 1997 to be inserted in place of the Section 5 currently in the Council binder. Public Works Department Slide Report titled "Holly-Seacliff Cost Allocation Study" (CITY COUNCIL) PRESENTATION AND DISCUSSION - HOLLY-SEACLIFF REIMBURSEMENT ISSUES - ACCEPTANCE OF THE BOYLE REPORT ON HOLLY- SEACLIFF REIMBURSEMENT The City Council considered a communication from Public Works Director Jones dated December 8, 1997 transmitting the Boyle Engineering Corporation Report regarding cost reimbursement analysis for the Holly-Seacliff Development. Councilmember Garofalo, Chair of the City Council Ad Hoc Committee on the Holly-Seacliff Reimbursement Study, spoke regarding the committee's efforts and volume of material including that of Boyle Engineering covering eight meetings with city staff, applicant and home owners. He listed seven areas of agreement reached; that only the issue of water supply facilities is in dispute. He referred to the late communication from Bill Holman, PLC Company. BOB MANDIC informed Council that he is a property owner in the area. He spoke regarding the excess capacity -cost analysis portion of the report. He stated he believed the cost burden for street capacity increases is being put on six property owners who have not bought the property for speculation. He stated that he believed the issue is solely between the PLC Company and the city. Mr. Mandic stated the areas in which he had disagreement regarding assessments as it affects his property. He requested a reduction in the assessment. He spoke regarding the portion of the Boyle Engineering Report relative to car trip generation on Gothard Street in connection with the city's decision to widen to four lanes. He stated he believed the widening costs were being placed on the six property owners. He spoke regarding issues related to their industrial property as it relates to the center median that PLC had wanted to help hide the industrial properties. MIKE RAMSEY stated he was one of the six property owners in the area and stated his agreement with the presentation made by Mr. Mandic. He stated that prior to the street being put in there was a two-lane highway and now there is a four -lane highway. He stated that PLC has gotten back Gothard Street from Ellis Avenue to Main Street, and he does not believe there should be excess capacity put on the six property owners as street owners. 372 1218197 - City Council/Redevelopment Agency Minutes - Page 5 Staff Presentation Acting City Administrator Silver reported on meetings that had been held between staff and property owners. Public Works Director Jones presented a staff report. Boyle Engineering Presentation Vic Opincar, Regional Vice -President and Managing Engineer, Boyle Engineering, presented the consultant's report regarding the subject of recovery by the developer for some costs incurred to build "excess" infrastructure capacity as required by the Holly-Seacliff Development Agreement. Planning Director Zelefsky briefly reported on background actions including the General Plan in 1990; Environmental Impact Report, 1990; Development Agreement, 1990; Specific Plan, 1992; and Reimbursement District Ordinance, 1992. Mr. Opincar, Regional Vice -President and Managing Engineer, Boyle Engineering, reported at length on the Holly-Seacliff Cost Allocation Study. He referred to wall maps which are also part of the City Council binder. He reviewed the actions he is recommending that Council take. Discussion was held between Council; Bill Everest, Principal Engineer, Boyle Engineering; and Vic Opincar, Regional Vice -President and Managing Engineer regarding aspects of the report including the number of units used as the basis for water reimbursement. The Public Works Director and Deputy City Attorney D'Alessandro responded. Discussion was held regarding a proposed procedure relative to arbitration of the excess capacity issue between the city and PLC Company. The concerns of Mr. Mandic and other property owners were reported on by Mr. Opincar, Regional Vice -President and Managing Engineer, Boyle Engineering at the request of Mayor Dettloff. Mr. Opincar, Regional Vice -President and Managing Engineer, Boyle Engineering reported, at the request of the Mayor, on the Gothard Street capacity and the traffic engineer's study. He stated the traffic on Gothard Street south of Garfield was negligible and spoke regarding this issue. PLC Presentation Bill Holman, representing PLC Company, presented a slide report. He stated that he did not have copies available but could provide them at a later date. The slide report Mr. Holman presented covered information on the 1990 Environmental Impact Report and General Plan, provisions of the Development Agreement, and the Holly-Seacliff Specific Plan. Mr. Holman said the city has to develop a process for allocation of fees to new development. Mr. Holman presented his company's recommendations and requests. Mr. Holman reviewed PLC's chart that was distributed as a late communication and announced earlier by the City Clerk. 373 Page 6 - City Council/Redevelopment Agency Minutes - 12/8/97 Council Discussion Considerable discussion was held between the Council and Mr. Holman. Acting City Administrator Silver informed Council that he believes that rather than reimbursement, the concern of PLC is that they wish the City to increase the traffic impact fee and other fees. The City Attorney spoke regarding the developer's obligation to build a reservoir. Further discussion was held between the Council, Public Works Director Jones, Fire Chief Dolder, Acting City Administrator Silver and Mr. Holman on issues including the basis for reservoir capacity. Councilmember Bauer stated that a 9 million gallon reservoir capacity was agreed upon as an incentive for the city to approve the Development Agreement and that the agreement called for a 9 million gallon capacity reservoir. In response to Mayor Dettloff, City Attorney Hutton reported on how she believed the Specific Plan corresponded to the Development Agreement. Planning Director Zelefsky, at the request of the Acting City Administrator, reported that the General Plan Amendment does not address "area of benefit." He stated that the Environmental Impact Report which accompanied the General Plan Amendment has really extensive language regarding the water facilities for the entire Master Plan area. He stated that there is not a specific document that leads to what an "area of benefit" would be, but a logical conclusion would be that the area of benefit for the water facilities would be the Holly- Seacliff Master Plan. He reported further on the matter. A motion was made by Bauer, second Harman to approve the staff recommended action as amended: Accept and direct the City Clerk to file the Boyle Engineering Holly-Seacliff Reimbursement Analysis and by the first meeting in January present a time line to the City Council for completion of negotiations for reimbursement for the Holly-Seacliff Development including dates on which we can submit unresolved issues to binding arbitration. This time line is to include target dates for completion of water reservoir site preparation and design of same. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None Bill Holman, representing PLC Company, at the request of Councilmember Garofalo, stated that he had intended for John Erskine to address the subject of fair share requirement in the Specific Plan Ordinance. 374 1218197 - City Council/Redevelopment Agency Minutes - Page 7 ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY The Mayor adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, December 15, 1997 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk - 4:f�� &k&e� City Clerk and ex -off icio Clerk o e City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach California �34L'-�' zzz� M yor/Chairman 375