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HomeMy WebLinkAbout1998-06-15MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, June 15, 1998 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 Dettloff called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:05 p.m. in Room B-8. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien (arrived at 5:15 p.m.), Harman, Green, Dettloff, Bauer, Sullivan (arrived at 5:08 p.m.), Garofalo (arrived at 5:15 p.m.) Absent: None PUBLIC COMMENTS REGARDING STUDY SESSION AND CLOSED SESSION AGENDA ITEMS There were no persons present to address Council regarding the study session or closed session items scheduled on the agenda. JOINT STUDY SESSION BETWEEN CITY COUNCIL AND PLANNING COMMISSION - URBAN DESIGN GUIDELINES AND STREAMLINING DEVELOPMENT REVIEW PROCESS PLANNING COMMISSION ROLL CALL Present: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker Absent: Tillotson 700 Page 2 - Council/Agency Minutes - 06/15/98 (CITY COUNCIL) STUDY SESSION - CITYWIDE URBAN DESIGN GUIDELINES The City Council considered a communication from the Community Development Director regarding the retention of the firm of Urban Design Studio, a division of Robert Bein, William Frost and Associates to prepare Urban Design Guidelines to set forth the city's design criteria which will provide clear direction to the development community about how to achieve high quality, aesthetically pleasing, and functional design solutions which will positively contribute to the city's urban form and character and provide specific criteria for use by regulatory bodies in their review of development proposals. It is anticipated that implementation of Design Guidelines on a citywide basis would improve the city's visual image and strengthen community identity. Community Development Director Fallon presented a staff report. Planning Director Zelefsky presented the highlights of the proposal submitted by Urban Design Studio, a division of Robert Bein, William Frost and Associates, including the areas of the city which the firm has designated as districts. Discussion was held between Council and Planning Director Zelefsky regarding the purpose of and the need for city-wide urban design guidelines and concern that there are city rules and regulations that are not needed. Planning Director Zelefsky reported on proposed design of entry nodes to the city and incentive for developers to provide art in public places. The Planning Commissioners presented comments which included the role of Huntington Center in the process; and the importance of public art not being defined as putting a statue in the middle of a plaza. Economic Development Director Biggs and Councilmember Garofalo discussed the need for all the consultants to be coordinated so not to create redundancy. Councilmember Bauer stated reasons why he did not believe Robert Bein, William Frost and Associates should have restrictions placed on them before they begin. Planning Commissioner Chapman questioned if the consultant will review projects which are currently in process. Councilmember Julien questioned whether the consultant will comment on the Seacliff Art Work. Planning Director Zelefsky responded that Huntington Center Mall representatives have expressed an interest in some of the art. Councilmember Julien stated that she believed all of the artwork, not just the artwork in which Huntington Center has interest, should be studied by the consultant. Mayor Dettloff reported that this consultant's review of the artwork could be in addition to the person who is currently reviewing the artwork. 701 06/15/98 - Council/Agency Minutes - Page 3 (CITY COUNCIL) STUDY SESSION - PROPOSAL TO PREPARE A STUDY TO ANALYZE STREAMLINING CHANGES TO THE CITY'S ZONING AND SUBDIVISION ORDINANCE The City Council considered a communication from the Community Development Director transmitting a draft Request for Council Action to appear on a future agenda. The draft Request For Council Action recommended approval of a contract for a study to analyze and draft appropriate streamlining changes to the city's Zoning and Subdivision Ordinance. Community Development Director Fallon presented a staff report. Community Development Director Fallon reported on the feasibility of a procedure whereby if an applicant meets all guidelines, approval of a project could be given internally by staff. Councilmember Harman spoke regarding reasons why he supports the Community Development Department's recommendation and why he believes it will help the city be more business friendly. Mayor Pro Tern Green asked the Community Development Director to locate some cities that have succeeded in streamlining efforts. Community Development Director Fallon stated that her department would do so. Economic Development Director Biggs reported on the reasons the Sedway Group has been recommended. Planning Commissioner Fred Speaker presented an example from the last Planning Commission meeting where due to the fact that a proposed ordinance was reviewed closely by the Planning Commission it was able to be corrected prior to transmittal to the City Council. He stated that the process must be streamlined but that safeguards such as Planning Commission review is needed. Planning Commissioner Livengood presented the example of the gas station and mini -mart that had been proposed to be located at Pacific Coast Highway and Goldenwest Street on which Council, staff and the Planning Commission had worked hard to reach the goal of a residential development being placed there instead. He spoke regarding the importance of working together as the Planning Commission, Council and Staff. Councilmember Garofalo spoke regarding his belief that the goal is to establish that the city is desirous of attracting businesses and to work the details out later. Planning Commissioner Inglee commented on the need for a better way for the homeowner to obtain home permits more expeditiously. The Planning Commission was adjourned To June 16, 1998 702 Page 4 - Council/Agency Minutes - 06/15/98 MOTION TO RECESS TO CLOSED SESSION A motion was made by Harman, second Sullivan, to recess the City Council to closed session to consider the following items. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management 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(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 Plechner vs. City of Huntington Beach - Orange County Superior Court Case No. 75 62 38. Subject: Plechner vs. City of Huntington Beach. (120.80) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, Ray Silver, regarding negotiating a Disposition and Development Agreement concerning the sale/lease of the property identified as Parcel Map #024-250-73; 024-250-76; 024-250-49. Instruction will concern price and terms of payment. Subject: Waterfront Expansion. (400.50) 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 Franks v. City of Huntington Beach - Orange County Superior Court Case No. 78 22 68. Subject: Franks v. 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 City of Huntington Beach v. H.B.P.O.A. - Orange County Superior Court Case No. 78 75 09. Subject: City of Huntington Beach v. H.B.P.O.A. (120.80) RECONVENE Mayor Dettloff reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:00 p.m. 703 06/15/98 - Council/Agency Minutes - Page 5 (CITY COUNCIL) REPORT OF ACTION TAKEN AT APRIL 6, 1998 CLOSED SESSION REGARDING GRANT VS. CITY OF HUNTINGTON BEACH - ORANGE COUNTY SUPERIOR COURT CASE NO. 77 85 30 (120.80) Deputy City Attorney D'Allesandro reported that the City Council, by a vote of 4-2 (Green and Sullivan, No) (Julien Absent), on April 6, 1998 in closed session authorized settlement of this personal injury case - Grant vs. City of Huntington Beach. On May 13, 1998, a settlement check of $5,000 was exchanged for the signed Release. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony and Pledge of Allegiance was led by Councilmember Sullivan. Mayor Pro Tempore Green offered the invocation. LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK Pursuant to the Brown Act, City Clerk Brockway announced the following late communications regarding Agenda Items which had been received: Communication from Fire Captain Bruce Spencer dated June 15, 1998 regarding a closed session item Slide report from Deputy City Administrator -Administrative Services Director Franz dated June 15, 1998 regarding Mid -Year Budget Report Communication from Sue Worthington dated June 14, 1998 requesting a delay in the demolition of the Seacliff Village Shopping Center to allow more time for the Church of Religious Science to relocate Communication from Richard J. Silber, Attorney at Law, representing the appellant, dated June 12, 1998 in support of the appeal filed by Robert and Eleanor Lee of the Planning Commission's Approval of General Plan Amendment No. 97-4 and Conditional Use Permit No. 97-56 Communication from Richard J. Silber, Attorney at Law, dated June 12, 1998 regarding Seacliff Village Shopping Center Appeal -Tenant Considerations and Concerns Slide report from Community Development Director Fallon regarding the Appeal relative to Seacliff Shopping Center — General Plan Amendment No. 97-4 - Zoning Text Amendment No. 97-2 - Local Coastal Program Amendment No. 97-4 - Conditional Use Permit No. 97-56 and Negative Declaration No. 97-16 704 Page 6 - Council/Agency Minutes - 06/15/98 Communication from Linda Beck dated June 11, 1998 requesting Council support of a request to delay demolition and help with the relocation of the Church of Religious Science and other tenants Communication from Patty and Larry Reisbig requesting that Jose McCoys and Main Street Pizza remain at the Seacliff Shopping Center Communication from Chris, Colin, Shaun and Neal Donohoe dated June 15, 1998 requesting that Jose McCoys and Main Street Pizza be allowed to remain at the Seacliff Shopping Center Communication from Councilmember Harman in addition to his communication listed under agenda, titled "Condition No. 3". (Note: A revision to this communication was distributed by the Community Development Director during the public hearing) Corrected Signature Page No. 15 of the Exclusive Negotiation Agreement between CIM Group and the Redevelopment Agency for Blocks 104 and 105 (different signatures) Request for Council Action from City Attorney Hutton dated June 15, 1998 regarding Street Closures in connection with the Fourth of July Celebration Activities Request for Council Action from Acting Director of Public Works Smith and the City Attorney Hutton dated June 15, 1998 regarding Well No. 12 Waterline Identification and Funding of Work Necessary to Design Pipeline Slide Reported dated June 15, 1998 titled Bowen Court Senior Housing Communication from City Attorney dated June 15, 1998 regarding Agenda Item G-1 B, Ordinance No. 3397 - Administrative Citation Process submitting new pages to replace those pages containing typographical errors Presentation - by Mayor Shirley Dettloff to winners of the GTE Equestrian Event Poster Contest and cash awards for each high school. With Mayor Dettloff is Naida Osline, Art Center Director and Don Jankowiak of GTE. First Place - John Hill, Edison High School, $500 savings bond; Second Place - Hiram Ring, Edison High School, $200 savings bond. Accepting cash awards totaling $700 is Ms. Mary Ellen Hile, teacher, Edison High School. Third Place: Brent Wong, Fountain Valley High School, $100 savings bond. Accepting cash award of $100 was Ms. Jue, Fountain Valley High School. (160.40) Presentation - by Mayor Shirley Dettloff to City of Huntington Beach staff and Boeing Realty Corporation, winner of the "Excellence in Planning" Award by the Orange County Section of the American Planning Association in the category of "Comprehensive Planning" for the McDonnell Centre Business Park Specific Plan Project. Certificates of Commendation were presented to: Stephen J. Barker, Director, Business Operations, Boeing Realty Corporation; Herb Fauland, Project Manager and Senior Planner, Community Development; Howard Zelefsky, Planning Director, Community Development; Jane Madera, Associate Planner, Community Development; Bob Eichblatt, City Engineer, Public Works; Jeff Renna, Water Operations 705 06/15/98 - Council/Agency Minutes - Page 7 Manager, Public Works; Dave Webb, Principal Engineer, Public Works; Daryl Smith, Superintendent, Park, Tree, and Landscape, Public Works; Chuck Davis, Landscape Architect, Public Works; Jim Moore, Senior Department Analyst, Police Department; Jan Thomas, Education Specialist, Police Department; Bruce Gilmer, Traffic Engineer Associate, Public Works; Scott Field, Deputy City Attorney. (160.40) Presentation by Mayor Shirley Dettloff of a proclamation proclaiming the week of June 21 through June 27 as Amateur Radio Week, to Duane Olson, Fire Division Chief, Ron Jagodinski, RACES officer, Dr. Steve Graboff, RACES Field Day Coordinator, Mel Goldberg, RACES Training Officer, and Glorria Morrison, Emergency Services Coordinator. (120.60) Presentation by Mayor Dettloff of the Mayor's Award to Community Services Director Ron Hagan in appreciation of his dedicated work in bringing the Pier Plaza to the community. (120.70) PUBLIC COMMENTS CAROL ANN WALL invited members of the community to the Fourth of July Chili Cook -off which will follow the parade. Ms. Wall informed Council that the Chili Cook -off will be held from 1 p.m. to 4 p.m. at Lake Park. She informed Council and audience of the planned entertainment. KAREN PEDERSEN, Fourth of July Chair, introduced members of the Fourth of July Parade Committee to the Council and the audience. She spoke regarding the forthcoming Fourth of July Parade and activities. VIRGINIA SIMS addressed Council in support of the firefighters and police officers need for a salary increase. She informed Council that she did not believe these employees are appreciated. BILL REARDON, Fire Captain, addressed Council regarding his disappointment in the status of the Fire Department salary negotiations and requested that Council bring prompt closure to the issue. He presented reasons why he believes the lawsuit filed by the City against PERS should be dropped and that they review the PERS rollover provision and rectify the situation. ANDY ARLEDGE, firefighter, stated that he did not believe the current problem is about salary of the firefighters; that it is because the Council does not value its employees. He cited examples of the way employees have been depicted relative to rollover. He spoke regarding the offer presented to the employees that takes away retirement benefits of firefighters who do not live long after retirement. LINDA HUNN, resident and firefighter's wife, informed Council that she does not believe the residents should be put in the position of delayed response. She stated that as a citizen she demands and expects quality service. She requested a salary increase be given to the firefighters. 706 Page 8 - Council/Agency Minutes - 06/15/98 JOHN SIMPSON, firefighter, informed Council that the firefighters appreciate the work that each City Councilmember does for the city. He spoke regarding the reasons firefighters become firefighters and stated that fire fighting is the most dangerous of occupations. He presented statistics regarding sales tax of other cities and the salary that firefighters in those cities receive. He informed Council that Huntington Beach Firefighters receive less salary. LEE CALDWELL, firefighter, spoke regarding emergencies in his neighborhood in another city, including one where he had to put out a fire and due to delay in that fire department's response he had wished he'd had Huntington Beach Firefighters with him. He spoke regarding the need to reach a solution. RON STOCKING presented reasons why he came to work for the city. He stated that the conditions which brought him to the City of Huntington Beach no longer exist. Mr. Stocking presented a parable to Council to convey his message regarding the status of negotiations. GEORGE MUNSEY thanked Councilmember Garofalo for his efforts to bring the negotiation issue to the public's attention. He stated that he believes there is a communication breakdown, citing issues such as the PERS lawsuit. Mr. Munsey referred to a letter from the law firm that the City has hired to negotiate with the firefighters. He questioned how the firefighters can sit in negotiations in good faith with this law firm which the city has hired to take away their benefits. MICHAEL PERRY, firefighter, informed Council that he still has faith the firefighters and City Council will come to agreement. He referred to the item placed on the agenda by Councilmember Sullivan regarding formation of a City Council Ad Hoc Subcommittee relative to an employee benefit comparison study. Mr. Perry stated a study had been done in the Fire Department which ranked Huntington Beach 12 out of 13 cities. He spoke regarding rebates to the City from PERS and reasons why the City's PERS rate is higher than that of Santa Ana. He stated that the rollover has been funded on the safety employees' backs, as the city took the PERS rebates. BRIAN KNOTT read a letter he sent to the Mayor and City Council regarding his disappointment with what the City has offered for a salary increase for the firefighters, and the issue of the PERS benefit. He stated he hoped the Council has seen the letter from former Fire Chief Picard which tells the truth. He stated that the firefighters will always be there for the citizens and he hopes the citizens will be there for the firefighters. JOHN CONNER, retired firefighter, stated he believed the statements by Councilmember Harman relative to two PERS cases in other cities do not back the city's attempt to renege on its legally negotiated benefits with the city employees. He spoke regarding the judge's comments regarding those two cases as they relate to the city's litigation. He urged the Council to contact the city's consultant Peter Brown. DAVID MCBRIDE, Fire Captain, stated his concern and disappointment with the City Council in the management of their most valuable resource - the city employees. He informed Council of the low morale of the employees, stating that some employees are seeking outside employment. Mr. McBride stated that cities such as Costa Mesa, Fountain Valley and Newport Beach are attracting the most qualified city employees. 707 06/15/98 - Council/Agency Minutes - Page 9 DAVE JOSEPH spoke regarding his experiences as a firefighter in another city. He stated that he sees the same trends occurring in Huntington Beach and informed Council that the word is out that Huntington Beach is a great place to train and then go someplace else. Mr. Joseph requested that the PERS contract be honored. At the request of the Mayor, City Administrator Silver requested Deputy City Administrator Franz to review the status of negotiations. Deputy City Administrator Franz reported on a document titled "Huntington Beach Firefighters Association Meet and Confer December, 1997- 1998 dated June 15, 1998". The document covered the chronology of meetings. This document was provided to the City Clerk. Councilmember Garofalo spoke regarding the document. REPORT ON DECISION OF JUDGE REGARDING PERS ISSUE REQUESTED Councilmember Garofalo requested a report on the judge's decision in this matter. (CITY COUNCIL) ITEMS DEFERRED FROM JUNE 1, 1998 COUNCIL MEETING (CITY COUNCIL) COMMENCEMENT OF LEGAL PROCEEDINGS AGAINST THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION TO FORCE THE CLEANUP OF THE CLOSED GUN RANGE - DEFERRED (120.90) The City Council considered a communication from Councilmember Harman deferred from June 1, 1998 regarding the need to clean up the closed Police Gun Range. Councilmember Harman presented a report. Mayor Pro Tern Green reported on the effort to clean up the gun range site including the possibility of the veteran's organization using a portion of the building; also the possibility that the Huntington Beach Police Officers' Association may hold a garage sale to sell the fixtures. Mayor Pro Tern Green stated that he believes Councilmember Harman's item has been a catalyst to see that action is taken on this matter. Councilmember Green reported that he would like to see this item delayed pending results of these efforts. Community Services Director Hagan reported on the subject. Councilmember Harman requested that Council be given periodic reports on this matter. m: Page 10 - Council/Agency Minutes - 06/15/98 (CITY COUNCIL) APPROVED FORMATION OF CITY COUNCIL AD HOC SUBCOMMITTEE REGARDING EMPLOYEE COMPARISON STUDY — COUNCIL AD HOC COMMITTEE APPOINTED (120.45) The City Council considered a communication from Councilmember Sullivan deferred from June 1, 1998 regarding the following subject: For sometime there has been discussion as to whether employee benefits in Huntington Beach are particularly generous when compared to other cities. The California League of Cities total compensation comparisons only include benefits which cities have in common. Therefore, the relative position of the city could represent an incomplete picture. Councilmember Sullivan presented a staff report. A motion was made by Sullivan, second Harman, that a City Council ad hoc subcommittee be formed to work with staff to do a comparison study of actual total compensation comparing Huntington Beach to five or six representative cities. Councilmember Garofalo stated that he totally supports the concept but believes it is a staff project. Councilmember Julien stated that she believes it is a staff function, but stated reasons why she believes it needs direction from the Council. Councilmember Bauer stated that care must be given to ensure that benefits offered by other cities which the City of Huntington Beach employees do not receive, are factored in. The motion carried by the following roll call vote: AYES: Julien, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Harman (out of the room) Mayor Dettloff appointed Councilmember Sullivan, Councilmember Julien and herself to serve on the City Council Ad Hoc Subcommittee regarding employee benefits comparison study. (CITY COUNCIL) REVIEW AND APPROVAL OF MID -YEAR BUDGET REPORT AND BUDGET AMENDMENTS FOR FISCAL YEAR 1997/98 — CONTINUED TO JUNE 19, 1998 (320.20) The City Council considered a communication from Deputy City Administrator -Administrative Services Director Franz deferred from June 1, 1998 presenting several amendments to the 1997/98 Budget based on a mid -year review of departmental needs Earlier in the meeting City Clerk Brockway had announced a slide report from Deputy City Administrator -Administrative Services Director Franz dated June 15, 1998 regarding Mid -Year Budget Report 709 06/15/98 - Council/Agency Minutes - Page 11 City Administrator Silver presented a staff report. He stressed the subject of the state take- aways from the City including the Vehicle License Fee (VLF) stating that without a State Constitutional Amendment the City cannot rely on the state to make up the lost funds. Councilmember Garofalo presented his viewpoint regarding budget priorities. A motion was made by Green, second Harman, to approve the following recommended action. 1. Approve an increase to the General Fund Budget in the amount of $162,800, 2. Approve an increase to the Liability Self -Insurance Fund of $300,000, 3. Approve an increase to the Park Acquisition and Development Fund of $10,000, 4. Approve the transfer of $450,000 from the Pier Fund to the Pier Plaza Fund, and 5. Approve the transfer of $3.3 million from the General Fund to the Capital Improvement Fund. Further discussion was held. Colleen Keith, Department Analyst Senior, reported on the year 2000 computer program project and the need for the consultant. Councilmember Harman presented reasons why he supported the recommended action of staff. Councilmember Bauer presented his observations on this agenda item and recommended that the item be deferred to possibly a City Council Study Session. The motion made by Green, second Harman, FAILED by the following roll call vote: AYES: Harman, Green NOES: Julien, Dettloff, Bauer, Sullivan, Garofalo ABSENT: None A motion was made by Bauer, second Garofalo to defer discussion on the review and approval of mid -year budget report and budget amendments for fiscal year 1997-98 to the adjourned City Council meeting of Friday, June 19, 1998. The motion carried unanimously. (CITY COUNCIL) CITY TREASURER'S APRIL, 1998 INVESTMENT SUMMARY REPORT - ACCEPTED (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Report for April, 1998. Following review of the report, the motion by Julien, second Harman, to accept the Monthly Investment Report for April, 1998 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None 710 Page 12 - Council/Agency Minutes - 06/15/98 (CITY COUNCIL) PUBLIC HEARING — DECISION CONTINUED TO JUNE 29, 1998 ON APPEAL BY ROBERT AND ELEANOR LEE OF PLANNING COMMISSION'S APPROVAL OF GENERAL PLAN AMENDMENT NO. 97-4/ZONING TEXT AMENDMENT NO. 97-2/LOCAL COASTAL PROGRAM AMENDMENT NO. 97-4/CONDITIONAL USE PERMIT NO. 97-56/NEGATIVE DECLARATION NO. 97-16 (SEACLIFF VILLAGE) (440.50) The City Council considered a communication from the Community Development Director. Legal notice as provided by the Community Development Department to the City Clerk's Office had been mailed, published and posted. Mayor Dettloff announced that this was the meeting set for a public hearing to consider the following: Appellant: Robert and Eleanor Lee Applicant: Jim Yoder, Shea Vickers Development Request: To construct a new 259,000 square foot shopping center and to master plan the remainder of the site for future residential and mixed development. A General Plan Amendment and Zoning Text Amendment are requested to modify the General Plan and Holly-Seacliff Specific Plan to accommodate the proposed project and to change the designation of approximately four (4) acres of land from Industrial to Mixed Use. Location: 2124 Main Street (north of Yorktown Avenue between Goldenwest and Main Streets) Environmental Status: This environmental assessment is on file at the City of Huntington Beach Community Development Department and available for public inspection and comment by contacting the Community Development Department. Senior Planner Mary Beth Broeren presented a staff report. Community Development Director Fallon stated that the Planning Commission Chair had to leave the meeting and had requested that she convey that he believed the Planning Commission would approve the preschool and that the Planning Commission believes that 4 acres should be residential not the recommended action of staff and the Planning Department. Councilmember Bauer spoke regarding the complexities of this item. In response to Councilmember Sullivan, Senior Planner Broeren reported on the bus turnout and bus pad. Legal notice as provided by the Community Development Department to the City Clerk's Office had been mailed, published and posted. The City Clerk announced all letters. Communication from Sue Worthington dated June 14, 1998 requesting a delay in the demolition of the Seacliff Village Shopping Center to allow more time for the Church of Religious Science to relocate 711 06/15/98 - Council/Agency Minutes - Page 13 Communication from Richard J. Silber, Attorney at Law, representing the appellant dated June 12, 1998 in support of the appeal filed by Robert and Eleanor Lee of the Planning Commission's Approval of General Plan Amendment No. 97-4 and Conditional Use Permit No. 97-56 Communication from Richard J. Silber, Attorney at Law, dated June 12, 1998 regarding Seacliff Village Shopping Center Appeal -Tenant Considerations and Concerns Slide report from Community Development Director Fallon regarding the Appeal relative to Seacliff Shopping Center — General Plan Amendment No. 97-4 - Zoning Text Amendment No. 97-2 - Local Coastal Program Amendment No. 97-4 - Conditional Use Permit No. 97-56 and Negative Declaration No. 97-16 Communication from Linda Beck dated June 11, 1998 requesting Council support of a request to delay demolition and help with the relocation of the Church of Religious Science and other tenants Communication from Patty and Larry Reisbig requesting that Jose McCoys and Main Street Pizza remain at the Seacliff Shopping Center Communication from Chris, Colin, Shaun and Neal Donohoe dated June 15, 1998 requesting that Jose McCoy's and Main Street Pizza be allowed to remain at the Seacliff Shopping Center Communication from Councilmember Harman in addition to his earlier communication, titled "Condition No. 3". (Note: A revision to this communication was presented to the City Clerk by the Community Development Director during the meeting) Communication to Council from Councilmember Harman dated June 9, 1998 submitting suggested modification to Conditions of Approval Communication from City Administrator Silver dated June 9, 1998 presenting recommended Alternative Action for adoption by the City Council Mayor Dettloff declared the public hearing open. ROBERT AND ELEANOR LEE presented reasons for their appeal. Mrs. Lee spoke regarding the offer which she believes is not desirable for Jose McCoys including that the offer did not contain provisions for a drive through and requested the restaurant to change its menu. RICHARD SILBER, Attorney at Law, representing the appellants, requested that the Conditional Use Permit not be approved until the developer has negotiated in good faith with the tenants. He asked that Mr. and Mrs. Lee's business (Jose McCoys) be preserved. Councilmember Harman presented questions regarding a case to which Mr. Silber had referred in his June 12, 1998 communication to the City Council. Mr. Silber stated that he disagreed with the City Attorney in the interpretation of this case. Mr. Silber stated that he would like Council to know that discussions are now taking place between the developer and Mr. and Mrs. Lee. He requested that Council not approve this project so that hopefully an agreement can be reached by the developer, the Lees and others. 712 Page 14 - Council/Agency Minutes - 06/15/98 RON METZLER, applicant, presented a slide report and presented reasons in support of the project. Councilmember Harman stated that he has just spoken to Deputy City Attorney D'Alessandro and that he will be removing himself from further consideration of this project as he has a potential conflict of interest due to his law office being across from the Seacliff Center. Councilmember Garofalo stated that he also has an office at the center and requested the Deputy City Attorney's opinion. JACK GODARD, Vice President of Shea Business Projects, representing the applicant, introduced Mr. Jim Yoder, representing the applicant. He informed Council that also present were Ron Metzler, applicant and Goeff Reeslund of SGPA and Dick Harlow. A slide report was presented. Mayor Dettloff left the room. Councilmember Bauer stated that he believed the Deputy City Attorney should present an opinion as to whether the Council meeting should be recessed as a quorum was not present at the table due to the need for the Deputy City Attorney to advise Mayor Dettloff and Councilmembers Garofalo and Julien as to whether they each have a potential conflict of interest. Mayor Dettloff assumed her chair and called a recess at 11:00 p.m. The meeting was reconvened at 11:05 p.m. Deputy City Attorney D'Alessandro announced that Councilmember Harman will be presumed to have a conflict of interest. He reported that Councilmember Garofalo does not have a conflict of interest, citing that Councilmember Garofalo has an oral lease for his office. He reported that it is his belief that Councilmember Julien does not have a conflict of interest and he believes Mayor Dettloff is able to participate. JIM YODER, representative of the applicant continued with the slide presentation In response to Mayor Pro Tern Green, Mr. Godard spoke regarding Mr. Silber's statement relative to the ongoing efforts between his company and Mr. and Mrs. Lee. He also responded to Mayor Pro Tern Green's question regarding their position on separating the issue of changing the industrial to mixed use, to look at it more thoroughly as he believes this change is premature as the rest of the industrial area has not been planned. Mr. Yoder and Mr. Godard responded to Councilmember Garofalo's questions regarding various aspects of the project. Mr. Metzler spoke regarding the need to maximize the units on the eight acres if the zone change on the four acres of industrial is not approved. REVEREND PEGGY PRICE, Pastor, Church of Religious Science, stated that she understood the plans for the shopping center. She spoke regarding the projects of the church including providing gifts at holidays, visits to nursing homes and the interfaith family shelter. She questioned why there are no plans for spiritual communities in the city and stated that there should be some place for their church to relocate. 713 06/15/98 - Council/Agency Minutes - Page 15 DONALD WILLIAMS stated that he believes the church is an economic draw to the City of Huntington Beach as there are 1500 congregants. He stated that perhaps the City could assist with finding another location. DALE DICKEY requested that the plan not be passed until the situations of Mr. and Mrs. Lee and other tenants are resolved. FRANK PAPPANO stated that he did not believe the Shea Company had community vision. He requested that the Shea Company negotiate with the tenants. BOB TRAVER stated the ways the City has benefited from the church's nearly 2,000 members. He requested Council assistance be given to the church to find a place for the relocation. J. D. MILES requested that Council consider changing the four acres from commercial to residential for reasons including that the homeowners in the beautiful Seacliff Homes do not want to reside by commercial property. MARIA XANTHAKIS, Pero's Restaurant, stated that her lease ends in the year 2004. She stated that a settlement has not been reached between Pero's and the Shea Company. She requested that approval of the Conditional Use Permit be withheld until negotiations are held with Peros, Mr. and Mrs. Lee and any of the tenants who want to come into the new center. Discussion held between Councilmember Bauer and Community Development Director Fallon regarding the subject of mandatory processing time. NICK TOMAINO, representing the Huntington Seacliff Homeowners Association, supported the recommended action of one drive through per street frontage; the bus turnouts, Patti's pre-school; and for Stewart Street to be allowed to go through. He spoke regarding his opinion that the development proposed may not be the development that Council gets. He stated that perhaps Council needs to step back and look at the entire project. He spoke on behalf of Mr. and Mrs. Lee, owners of Jose McCoys. JERRI HESPRICH thanked Shea Company and staff for their mitigation measures. She presented recommendations regarding the types of trees she believes should be planted. CAROLE ANN WALL spoke regarding the Seacliff Center's problem from the time it was built relative to design flaws that made the center not very visible. She stated her hope that the four acres does not stay industrial. DALE DUNN, Advisory Board member of Friends and Neighbors of Seacliff, stated that he was present to support the zone change on the four acres from industrial to residential. TOM DE GUELLE, Friends and Neighbors of Seacliff member, spoke in support of the zone change. 714 Page 16 - Council/Agency Minutes - 06/15/98 KAREN JACKLE stated that she looks forward to shopping in the new center. She requested that Council not diminish the Seacliff quality of life by not addressing the floor area ratio for the senior assisted housing as a condition of approval at no more than .50, and do not reduce the required parking by 9% for the shopping center. She requested that a pedestrian tie-in for the senior facility component, now, to assure safety and aesthetics, consider the impact of the circulation in the shopping center when there are temporary events requiring more parking; do not address parking and circulation on a piece -meal basis. GORDON SMITH, Seacliff homeowner, spoke regarding the letter the Seacliff Homeowner's Association sent to the Design Review Board which presented comments and recommendations on the proposed Urban Agrarian Style. He stated there has been no negative declaration for loss of artistic and educational artwork which points out a failure of the California Environmental Quality Act process. He requested that Council look at what Huntington Beach is losing and to reflect on how this loss might have been prevented. JAMES LARKIN stated that he supports the zone change on the four acres of land. ALAN DECARR requested that prior to action, the Council assist the tenants in their efforts relative to negotiations with the developer. SUZANNE BEUKEMA Friends and Neighbors of Seacliff member, stated that she disagrees with the Economic Development Director and believes the industrial area should be residential and that the Planning Commission decision should be upheld. JIM MARTIN stated his objections to the change of the industrial property to residential. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by Mayor Dettloff. Councilmember Garofalo spoke regarding the matter. He stated he would recommend a 30 day delay and to continue decision to an adjourned meeting. A motion was made by Garofalo, second Julien, to defer decision on the public hearing to an adjourned regular Council meeting to be held June 29, 1998. Further discussion was held. Mayor Dettloff spoke regarding the matter. She questioned if Reverend Price had the ability to build on the Seacliff site. Reverend Price reported. The motion made by Garofalo, second Julien, carried by the following roll call vote: AYES: Julien, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: Harman (Abstain) 715 06/15/98 - Council/Agency Minutes - Page 17 (CITY COUNCIL) PUBLIC HEARING CONTINUED OPEN TO JULY 6, 1998 - RESOLUTION NO. 98-52 - MSI (MANAGEMENT SERVICES INSTITUTE) REVISIONS TO COMPREHENSIVE FEE SCHEDULES OF POLICE DEPARTMENT (FALSE ALARM FEES AND FINES) AND CITY TREASURER'S OFFICE (RETURNED CHECK FEE AND INCREASE BUSINESS LICENSE FEES FOR ADDRESS CHANGES AND DUPLICATE BUSINESS LICENSES) (340.20) The City Council considered a communication from the Deputy City Administrator -Administrative Services Director, Police Chief, and City Treasurer. Public hearing to consider the following: The Police Department is revising false alarm fees and fines. The City Treasurer is increasing the returned check (NSF) fee as allowed by California law (AB 2643) and increasing business license fees for address changes and duplicate business licenses. Mayor Dettloff opened the public hearing. A motion was made by Green, second Garofalo, to continue the open public hearing to July 6, 1998. The motion carried unanimously. CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (City Council) Approve Appointment Of Three Temporary Positions In The Public Works Department (Mechanic Senior And Two Maintenance Service Workers) - Budget Amendment (320.45) (City Council) Approve Five -Year Park License Agreement With Southern California Edison Company For Portion of Edison Community Park (600.10) (City Council) Approve 1998-99 Commercial Refuse Rates Pursuant To Franchise Agreement Between City and Rainbow Disposal (600.45) City Council) Adopt Resolution No. 98-51 - 1998-99 Residential Curbside Refuse Collection Rate (600.45) (Redevelopment Agency) Approve Exclusive Negotiating Agreement Between Agency and CIM Group, Limited Liability Company For Blocks 104 and 105 (Main Street/6th Street/5th Street/Walnut Avenue) (600.30) 716 Page 18 - Council/Agency Minutes - 06/15/98 CONSENT CALENDAR - ITEMS APPROVED On motion by Green, second Julien, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - Approved and adopted minutes of the City Council and Redevelopment Agency regular meetings of May 18, 1998 and June 1, 1998 as written and on file in the Office of the City Clerk. (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-44 - APPROVED ENVIRONMENTAL MANAGEMENT AGENCY PLANS AND SPECIFICATIONS FOR FLOOD CONTROL IMPROVEMENTS TO EAST GARDEN GROVE-WINTERSBURG CHANNEL - DOWNSTREAM/UPSTREAM OF GOLDENWEST STREET (550.20) - Adopted Resolution No. 98-44 - "A Resolution of the City Council of the City of Huntington Beach Approving Plans and Specifications for the Construction of Improvements to the East Garden Grove-Wintersburg Channel from 411 Meters Downstream of Goldenwest Street to 349 Meters Upstream of Goldenwest Street by the Orange County Public Facilities and Resources Department and Funded by the Orange County Flood Control District." (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-45 - ADOPTED CAPITAL IMPROVEMENT PROGRAMS FOR YEARS 1998/99 THROUGH 2O04/2005 FOR COMPLIANCE WITH MEASURE M AND PROPOSITION 111 REQUIREMENTS (320.40) - Adopted Resolution No. 98-45 - "A Resolution of the City Council of the City of Huntington Beach Adopting Capital Improvement Programs for the Years 1998/1999 through 200412005 for Compliance with Measure M and Proposition 111 Requirements." Submitted by the Acting Public Works Director. (Gothard Widening, south of Talbert.) (Yorktown Widening, Beach to Delaware.) (Southeast Corner of Warner/Gothard Intersection Widening.) (Heil Widening, Beach to Silver.) (Ward Widening, South of Garfield.) (Garfield Widening, Delaware to Safe Harbor.) (Beach Blvd. Widening, Southeast Corner at Edinger.) (Hoover-Gothard Extension, McFadden to Bolsa.) (CITY COUNCIL) ACCEPTED THE IMPROVEMENTS FOR THE TRAFFIC SIGNAL MODIFICATIONS AT MAGNOLIA/GARFIELD, BUSHARD/GARFIELD AND BROOKHURST/GARFIELD PROJECT - CC-1031 - NOTICE OF COMPLETION - DBX, INC. (600.55) - Accepted the improvements of the traffic signal modifications at Magnolia/Garfield, Bushard/Garfield and Brookhurst/Garfield intersections, CC-1031, at a final cost of $60,868.28 and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-46 - ADOPTED ANNUAL APPROPRIATION LIMIT REQUIRED BY ARTICLE 13(B) OF THE CALIFORNIA CONSTITUTION (GANN APPROPRIATION INITIATIVE) (320.20) -Adopted Resolution No. 98-46 - "A Resolution of the City of Huntington Beach Establishing the Appropriation Limit for Fiscal Year 1998199. " ($302,816,658) 717 06/15/98 - Council/Agency Minutes - Page 19 (CITY COUNCIL) APPROVED PLANS AND SPECIFICATIONS - AUTHORIZED ADVERTISEMENT FOR BIDS - APPROVE SAMPLE CONTRACT - GOLDENWEST STREET STORM DRAIN PROJECT - CC-1042 (600.60) - 1. Approved the attached sample contract subject to award of contract to the lowest responsive/responsible bidder and 2. Approved final plans and specifications and directed the City Clerk to advertise the Goldenwest Street Storm Drain Project for bid. (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-47 - CONCERNING THE SUBMITTAL OF 17 ARTERIAL HIGHWAY REHABILITATION PROGRAM (AHRP) PROJECTS FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM (800.40) - Adopted Resolution No. 98-47 - "A Resolution of the City of Huntington Beach Approving the Submittal of 17 Improvement Projects to the Orange County Transportation Authority for Funding Under the Combined Transportation Funding Program" and authorized the Mayor and City Clerk to execute the resolution. (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-48 - CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF HUNTINGTON BEACH FOR CONFORMANCE WITH THE MASTER PLAN OF ARTERIAL HIGHWAYS (440.50) - Adopted Resolution No. 98-48 - "A Resolution of the City Council of the City of Huntington Beach Concerning the Status of the Circulation Element for the City of Huntington Beach" adopting the Status of the Circulation Element for compliance with Combined Transportation Funding Program requirements and authorized the Mayor and City Clerk to execute the resolution. (CITY COUNCIL) APPROVE PLANS AND SPECIFICATIONS - AUTHORIZE ADVERTISEMENT FOR BIDS - APPROVE SAMPLE CONTRACT - TRAFFIC SIGNAL MODIFICATIONS AT SPRINGDALE STREET/WARNER AVENUE (CC-1086) AND BOLSA CHICA STREET/HEIL AVENUE (CC-1088) (600.55) - 1. Approved plans and specifications for the traffic signal modifications at the intersections of Springdale Street/Warner Avenue (CC- 1086) and Bolsa Chica Street/Heil Avenue (CC-1088) and authorized the Director of Public Works to advertise the project pending Caltrans approval, 2. Approve the attached sample construction contract subject to award of contract to Council approved lowest responsible bidder, 3. Approved the purchase of traffic signal poles, mast arms, luminaire mast arms and other city supplied signal appurtenances for this construction project, and 4. Appropriate $9,350 from the Gas Tax Unappropriated Fund balance for the city's matching funds. (CITY COUNCIL/REDEVELOPMENT AGENCY) APPROVED COMMITMENT OF HOME INVESTMENT PARTNERSHIP FUNDS AGREEMENT BETWEEN THE CITY AND THE REDEVELOPMENT AGENCY (600.30) - Approved and authorized execution by the Mayor and City Clerk and the Executive Director and Agency Clerk of the operating Commitment of Funds Agreement Between the City and the Redevelopment Agency. This agreement commits a minimum of $547,200 in 1996 HOME Investment Partnership Program funds to the Agency to provide affordable housing per HUD regulations at 24 CFR Part 92. (CITY COUNCIL) APPROVED CITY'S ON -GOING PARTICIPATION IN REGIONAL ECONOMIC DEVELOPMENT COLLABORATIVE (460.30) - Approved city participation in an on -going effort to enhance regional economic development collaboration. (Participating cities are Anaheim, Fullerton, Garden Grove, Huntington Beach, Irvine, Santa Ana, Brea; also staff representatives from the Orange County Business Council.) vit-11 Page 20 - Council/Agency Minutes - 06/15/98 (CITY COUNCIL) APPROVED AMENDMENT NO. 1 TO AGREEMENT WITH BLACK AND VEATCH - FOR EVALUATION OF ALTERNATIVE CHLORINATION METHODS/CHLORINE ROOM MODIFICATIONS FOR WATER WELLS (600.10) - Approved Amendment No. 1 to the agreement between the city and Black and Veatch to provide additional consulting services for $3,560 - "Amendment No. 1 to Agreement between the City of Huntington Beach and Black and Veatch for Evaluation of Alternative Chlorination Methods and Development of Recommendations for Chlorine Room Modifications for Water Wells'; and authorized the Mayor and City Clerk to execute the amendment. (CITY COUNCIL) TAKE NO ACTION REGARDING REQUEST FOR ADDITIONAL MOBILE HOME SURVEY FUNDS (LAWRENCE RESEARCH) - APPROVED - Take no action regarding the additional survey work and direct the Mobile Home Advisory Board to utilize the existing survey results in developing a work program given the General Fund budget amendment moratorium enacted by the City Council on March 16, 1998. (CITY COUNCIL) APPROVED PRINCIPAL DECISION SYSTEMS INTERNATIONAL (PDSI) LICENSE AND MAINTENANCE AGREEMENT WITH MODIFIED INDEMNIFICATION CLAUSE (FIRE DEPARTMENT) (600.10) - Approved and authorized Mayor and City Clerk to execute the Agreement Between the City of Huntington Beach and Principal Decision Systems International for Software License and Maintenance with modified indemnification clause. (CITY COUNCIL) APPROVED AMENDED AGREEMENT FOR FINAL PAYMENT TO EXPERT WITNESS ENGINEERING FIRM OF WISS, JANNEY, ELSTNER ASSOCIATES REGARDING CASE OF CITY V. MONTGOMERY WATSON, ET AL (PECK RESERVOIR) (600.10) - Approved and authorized the Mayor to sign and the City Clerk to attest the first amended professional services contract with Wiss, Janney, Elstner Associates, Inc. for engineering services in connection with the Peck Reservoir litigation. (REDEVELOPMENT AGENCY) APPROVED CHANGE OF OWNERSHIP OF REDONDO- KOVACS INDUSTRIAL PROPERTY TO CABOT INDUSTRIAL PROPERTIES, L.P. - (18100 KOVACS LANE) - APPROVED (600.30) - Approved and authorized execution of the agreement between the Redevelopment Agency and Cabot Industrial Properties, L.P., a Delaware Limited Partnership (buyer), for the purchase of the property at 18100 Kovacs and transferring the requirements of the grant deed to the new owner - 'An Agreement Between the Redevelopment Agency of the City of Huntington Beach Approving the Transfer of That Property Known As 18100 Kovacs Lane, Huntington Beach From Redondo -Kovacs Partners, A California Limited Partnership To Cabot Industrial Properties, L.P., A Delaware Limited Partnership. " (REDEVELOPMENT AGENCY) APPROVED OF THIRD AMENDMENT TO CONTRACT WITH ARTER AND HADDEN, ATTORNEYS AT LAW, FOR LEGAL SERVICES IN THE MATTER OF BLOOM V. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH - APPROVE APPROPRIATION OF FUNDS - APPROVED (600.10) -1. Approved Amendment No. 3 to agreement between the Redevelopment Agency of the City of Huntington Beach and Arter and Hadden, Attorneys at Law, for legal services for Bloom v. Redevelopment Agency of the City of Huntington Beach and authorize its execution by the Chairman and attestation by the Agency Clerk and 2. Appropriated an additional $127,000 to pay for additional attorneys' fees ($25,000) and expert witness fees and costs ($102,000) associated with the defense of the 719 06/15/98 - Council/Agency Minutes - Page 21 Bloom v. Redevelopment Agency matter which recently settled. (Deposited into Account No. E- TW-AT-130-4-05-00.) (CITY COUNCIL) ACCEPTED THE COMPLETED STREET REPAIRS ON CASTLE, CATALINA AND TRIDENT (MSC-389) - NOTICE OF COMPLETION - NOBEST, INC. (600.90) - Accepted the project for a total contract cost of $427,593.95 and authorize the City Clerk to file the Notice of Completion with the Orange County Recorder. (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-53 - STREET CLOSURE - FOURTH OF JULY - Adopted Resolution No. 98-53 - 'A Resolution of the City Council of the City of Huntington Beach Authorizing Street Closure for the Fourth of July." (CITY COUNCIL) WELL NO. 12 WATERLINE IDENTIFICATION AND FUNDING OF WORK NECESSARY TO DESIGN PIPELINE - (RELATIVE TO WATER FACILITIES AGREEMENT BETWEEN CITY AND MCDONNELL DOUGLAS COMPANY - APPROVED ON 7/21/97) - AUTHORIZED - Authorized the city Public Works Director to proceed with the work described in Attachment No. 2 to the Request for Council Action dated June 15, 1998 and appropriated the sum of $50,000 to design the pipeline described therein. CONSENT CALENDAR ITEMS DEFERRED (City Council) Appointment Of Three Temporary Positions In The Public Works Department (Mechanic Senior And Two Maintenance Service Workers) - Budget Amendment (320.45) (City Council) Five -Year Park License Agreement With Southern California Edison Company For Portion Of Edison Community Park (600.10) A motion was made by Garofalo, second Julien, to defer the aforementioned consent calendar items to the June 29, 1998 Council Meeting. The motion carried by unanimous roll call vote. CONSENT CALENDAR ITEMS APPROVED A motion was made by Garofalo, second Julien, to approve the following consent calendar items. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None VRA Page 22 - Council/Agency Minutes - 06/15/98 (CITY COUNCIL) APPROVED 1998-99 COMMERCIAL REFUSE RATES PURSUANT TO FRANCHISE AGREEMENT BETWEEN CITY AND RAINBOW DISPOSAL (600.45) - Adopted the attached Exhibit A, effective July 1, 1998, as the new Exhibit A of the Refuse Collection and Disposal Services Franchise Agreement. (The refuse collection and disposal services franchise agreement with Rainbow Disposal calls for an annual adjustment in compensation based on a formula contained in the agreement.) CITY COUNCIL) ADOPTED RESOLUTION NO. 98-51-1998-99 RESIDENTIAL CURBSIDE REFUSE COLLECTION RATE (600.45) - Adopted Resolution No. 98-51 - "A Resolution of the City Council of the City of Huntington Beach Establishing A Residential Curbside Refuse Collection Rate." (Reduces monthly refuse service collection and disposal charge to residents from $16.49 to $16.39 per month.) (REDEVELOPMENT AGENCY) APPROVED EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN AGENCY AND CIM GROUP, LIMITED LIABILITY COMPANY FOR BLOCKS 104 AND 105 (MAIN STREET/6TH STREET15TH STREET/WALNUT AVENUE) (600.30) - Approved and authorized the Chairman and the Agency Clerk to execute an Exclusive Negotiation Agreement between CIM Group and the Redevelopment Agency for Blocks 104 and 105. (REDEVELOPMENT AGENCY) SUPPORTED AND APPROVED OPTION AGREEMENT FOR SECTION 202 APPLICATION: BOWEN COURT SENIOR APARTMENTS (LAKE STREET/YORKTOWN AVENUE) - ADOPTED RESOLUTION NO. 287 - AUTHORIZED FUNDING SUPPORT FOR RETIREMENT HOUSING FOUNDATION TO CONSTRUCT AN AFFORDABLE HOUSING PROJECT - APPROVED OPTION AGREEMENT BETWEEN AGENCY AND RETIREMENT HOUSING FOUNDATION - APPROVED MODIFICATION TO LIABILITY INSURANCE (600.30) A slide report dated June 15, 1998 title Bowen Court Senior Housing was announced earlier in the meeting by City Clerk Brockway. The City Council considered a communication from the Economic Development Director informing that as part of an on -going effort to identify funding sources for the construction of the Bowen Court Project at the corner of Lake Street and Yorktown Avenue, staff recommends supporting a second application for federal funds by a nonprofit housing sponsor. Section 202 Capital Advance and Rental Assistance Program ("Section 202") funds are administered by HUD and are available only for senior projects. Applications for the highly competitive program are due on July 7, 1998. A motion was made by Harman, second Sullivan, to approve the following recommended action: 1. Adopt Redevelopment Agency Resolution No. 287 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 $215,000 in Redevelopment Housing Set Aside Funds for the construction of senior apartments by Retirement Housing 721 06/15/98 - Council/Agency Minutes - Page 23 Foundation (RHF) - "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"; 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; 4. 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, Green, Dettloff, Bauer, Sullivan NOES: Garofalo ABSENT: Julien (Abstain) (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3394 - UPDATED VERSION OF HBMC CHAPTER 10.42 - RESIDENTIAL PARKING PERMITS (640.10) - Ordinance No. 3394 - "An Ordinance of the City of Huntington Beach Amending Chapter 10.42 of the Huntington Beach Municipal Code Pertaining to Residential Parking Permits". (Proposed changes will clarify the implementation of new permit districts, the day to day administration of the permit districts, and the enforcement of the districts.) A motion was made by Green, second Julien, to adopt Ordinance No. 3394 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3397 - ADMINISTRATIVE CITATION ORDINANCE (640.10) - Ordinance No. 3397 - "An Ordinance of the City of Huntington Beach Adding Chapter 1.18 to the Huntington Beach Municipal Code Establishing Administrative Procedures for Civil Citations and Civil Fines for Municipal Code Violations." Communication from City Attorney dated June 15, 1998 regarding Agenda Item G-1 B, Ordinance No. 3397 - Administrative Citation Process submitting new pages to replace those pages containing typographical errors 722 Page 24 - Council/Agency Minutes - 06/15/98 A motion was made by Green, second Garofalo, to adopt Ordinance No. 3397 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3398 - PERTAINING TO NUISANCES AND ENFORCEMENT (640.10) - Ordinance No. 3398 - "An Ordinance of the City of Huntington Beach Amending Chapter 17.10 of the Huntington Beach Municipal Code Pertaining to Nuisances and Enforcement." A motion was made by Green, second Garofalo, to adopt Ordinance No. 3398 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3395 - AMENDS H.B. MUNICIPAL CODE REGARDING MOTOR VEHICLE TOWING SERVICE - RELEASE OF VEHICLES - CHANGE OF RATES AND CHARGES (640.10) - Ordinance No. 3395 - 'An Ordinance of the City of Huntington Beach Amending Chapter 5.66 of the Huntington Beach Municipal Code Pertaining to Motor Vehicle Towing Service, Release of Vehicles, and Change of Rates and Charges." (Amendment necessary to comply with California Vehicle Code statutes; change in required hours for vehicle release and to clarify the establishment of rates and charges authorized by the City Council.) A motion was made by Green, second Garofalo, to approve introduction of Ordinance No. 3395 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) REQUEST FOR STAFF TO PREPARE FINANCIAL PROGRAM FOR DOWNTOWN PARKING STRUCTURE — DEFERRED TO JUNE 29, 1990 (275.10) ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY A motion was made by Harman, second Green, to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:45 p.m. to Friday, June 19, 1998, at 12:00 noon, in Rooms C and D, Central Library, 7111 Talbert Avenue, Huntington Beach, California. 723 06/15/98 - Council/Agency Minutes - Page 25 ATTEST: 4�f &14rd� City Clerk%Clerk L� City Clerk and ex-officio Clerk ofthe City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Ma r/Chairman 724