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HomeMy WebLinkAbout1998-07-20MINUTES 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, July 20, 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 5:07 p.m. in Room B-8. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Harman, Green, Dettloff, Bauer, Sullivan, (Julien arrived at 5:09 p.m; Garofalo arrived at 5:15 p.m.) Absent: None PUBLIC COMMENTS REGARDING STUDY SESSION & CLOSED SESSION AGENDA ITEMS There were no persons present to address Council regarding the study session or closed session items scheduled on the agenda. (CITY COUNCIL) STUDY SESSION - DISCUSSION BETWEEN CITY COUNCILMEMBERS AND AES COMPANY, THE NEW OWNERS OF THE FORMER SOUTHERN CALIFORNIA EDISON FACILITY AT NEWLAND STREET AND PACIFIC COAST HIGHWAY Ed Blackford, representing AES Corporation, was introduced by the Community Development Director. Mr. Blackford presented a slide report titled AES The Global Power Company which included a review of the company's locations worldwide, their purpose, goal and shared principles/values which are integrity, fairness, social responsibility. Also "fun," meaning tasks that are meaningful. The slide report also included information to Council regarding the proven track record of excellence in AES plant operations, safety, emissions, availability, and operations and maintenance costs. Mr. Blackford reviewed the company's goals to incorporate these principles in Huntington Beach. He introduced the company's treasurer. 776 Page 2 - Council/Agency Minutes — 07/20/98 Discussion was held between Council and Mr. Blackford regarding the plans for the two units of the facility which are not being used; oil which is currently used as the backup fuel; plans for beautification; AES working with the community; and their preference to deal locally when making company purchases. In response to Councilman Green, Mr. Blackford stated that he believes that at some point the wildlife facility property will be transferred from Southern California Edison Company to AES. Mr. Blackford reported on Southern California Edison Company's current responsibilities to AES. Community Development Director Fallon reported on conditions set forth by the Edison Company in its sale to AES, stating that she believes a meeting should be scheduled with AES to discuss the community's expectations. MOTION TO RECESS TO CLOSED SESSION — APPROVED (120.80) A motion was made by Garofalo, 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 - Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiators, David Biggs, Ray Silver and Murray Kane, regarding negotiations with Waterfront Development LLC concerning the lease of the property commonly known as the Waterfront Site located at the northwest corner of Beach Boulevard and Pacific Coast Highway, APN 024-250-73; 024-250-76; and 024-250-49. Instruction will concern price and terms of payment. Subject: Waterfront Lease Negotiation Update. 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 & Beach v. City of Huntington Beach — United States District Court Case No. SACV 96-969 AHS; 9th Cir. 97-55619. Subject: Talbert & Beach v. City of Huntington Beach. RECONVENE Mayor Dettloff reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:00 p.m. 777 07/20/98 — City Council/Redevelopment Agency Minutes - Page 3 (CITY COUNCIL) REPORT OF ACTION TAKEN IN OCTOBER 6, 1997 CLOSED SESSION — PLECHNER VS. CITY OF HUNTINGTON BEACH CASE NO. 75 62 38 The City Attorney, pursuant to statutory obligation for the legislative body to comply with the Brown Act requirements by a "Report of Action Taken" on closed session, Government Code §54957.1 (a), (3), (B), announced that the City Council by a vote of 5-2 (Garofalo and Julien - No) on October 6, 1997 in closed session authorized settlement of this case for $25,000. Plaintiff alleged assault and battery and violation of civil rights. On July 8, 1998, a settlement check of $25,000 was exchanged for the signed release. CITY COUNCIL/REDEVELOPMENT ROLL CALL Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE — Huntington Beach Junior Girl Scout Troop Number 653 from Eader, Peterson, and Kettler Schools. Troop Leader: Janet Johnson. INVOCATION — Pastor Richard Winter, Pacific Coast Community Church, Huntington Beach CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Pursuant to the Brown (Open Meetings) Act, City Clerk Brockway announced the following late communications regarding Agenda Items which had been received following distribution of the agenda. Revised Agenda Page No. 3 adding Agenda Item C-2 — Fiscal Year 1998199 Infrastructure Maintenance Programs Memorandum from Robert Beardsley, Director of Public Works, dated July 18, 1998, Subject: Fiscal Year 1998199 Infrastructure Maintenance Programs Treasurer's Report dated 7/20/98 Memorandum from Ron Hayden, Director of Library Services, dated July 17, 1998, Subject: Modification of Recommended Action for Item E-7, 7120198 Council Meeting (Oak View Library Expansion Project) Letter from John F. Scott, Southeast Huntington Beach Neighborhood Association, to Public Works Director dated July 20, 1998 stating they have no opposition to the Agenda Item relative to the General Plan Circulation Element Slide report from the Public Works Department dated July 20, 1998 entitled General Plan Circulation Element 778 Page 4 - Council/Agency Minutes—07/20/98 Slide report (not dated) from the Economic Development Director regarding Driftwood Mobile Home Park Memorandum of Understanding Corrected copy of Exhibit "A" dated July 1, 1998 to Ordinance No. 3400 — (Seacliff Shopping Center) — Amends The Huntington Beach Ordinance Code By Amending The Holly-Seacliff Specific Plan (Zoning Text Amendment No. 97-2) Presentation — By Mayor Shirley Dettloff and Mr. Jim Biery, Director, Public Works, South Gate and Past President of the American Public Works Association (APWA) to Public Works Director Bob Beardsley and City Engineer Bob Eichblatt two awards from the 1998 Program of the Year Awards from the Southern California Chapter of the American Public Works Association (APWA). Bob will receive the awards on behalf of the Public Works Department for "Integrated Infrastructure Management Program" in the category of Public Works Planning and "Team Approach to Project Management" in the category of Special Programs. Presentation — To Mayor Shirley Dettloff, Ron Hagan, Community Services Director and Greg Arbues, President, Project Self -Sufficiency Foundation from Mr. Chris Gibbs of PLC Land Company (PLC) for Project Self -Sufficiency a check from proceeds of PLC's "Life At The Beach" charity golf tournament held on June 29, 1998. Presentation — By Mayor Shirley Dettloff presentation of the Mayor's Award to Community Development Department Senior Planner Scott Hess for his dedicated work on many city projects. An invitation was extended by Mayor Dettloff to meet Tom. Jones, local resident, who has run 15 miles per day for the last 100 days to raise funds for Orangewood Children's Home. Tom will be meeting people at the Pier Plaza. PUBLIC COMMENTS KEITH BATEMAN, Fire Captain and paramedic, informed Council of the many firefighters' activities which they do off time including the CARE Program, assistance to the Orangewood Children's Home, and assistance to the burn survivors fund-raisers. He stated the reason he is bringing this to the Council's attention is that the firefighters would rather be doing more of these activities instead of being involved in negotiation issues with the City. He questioned why a fair contract cannot be entered into between the city and firefighters. Councilmember Harman stated his understanding that a formal written demand from the firefighters has not been submitted. Mr. Bateman stated that this was not his understanding. STU ROBERTSON addressed Council regarding his experience of being stopped for a taillight infraction and what he believes is a connection between this incident and the police negotiation issue. Councilmember Garofalo requested that Police Chief Lowenberg report back to Council regarding Mr. Robertson's presentation to Council. VIRGINIA SIMS spoke regarding her discussion with Fire Department personnel regarding the need for fair salary compensation. 779 07/20/98 — City Council/Redevelopment Agency Minutes - Page 5 CHRIS GRUBER spoke regarding the new Fire Department dispatch system that he believes is not as good as the previous system. He spoke regarding what he believes is the need for the City Council to live up to the city's contract with the firefighters. JOHN LEGG, firefighter and paramedic and resident of the city, displayed the Huntington Beach Firefighters' Association's phone number for the audience to call and support their position on salary negotiations. Mr. Legg spoke regarding the salary survey prepared by one of the Fire Department employees showing Huntington Beach ranked #13 out of 14 cities. JOHN CONNER spoke regarding a recent newspaper article in which Councilmember Sullivan stated his opposition to the PERS rollover provision. Mr. Conner stated his opposition to Councilmember Sullivan's comments. He questioned if the term scam applied to the - department heads who had this benefit. DAVID GUIDO spoke regarding the CENCO Company's efforts to put the oil tank farm back into operation. Mr. Guido informed Council he has met with CENCO Company, and it is its intent to offload one ship per day. He spoke regarding the neighborhood community meeting that was held on this matter and the committee which has been formed to oppose the company's plan. Mr. Guido stated that this renewed operation is a threat to all coastal communities as oil spills do not stay confined. He stated that all groups and persons should be involved in the fight to keep this oil operation from resuming. Fire Chief Dolder presented a report on the avenues the city is researching to determine its recourse in this matter. Mayor Dettloff extended the Council's appreciation to Mr. Guido and his neighbors for their efforts. She informed Mr. Guido and the audience of the city's continuing efforts in this matter. Councilmember Bauer addressed the City Attorney regarding the need to have a mechanism in place in order to have a temporary restraining order ready to prevent a renewal of operations. City Attorney Hutton reported. Mr. Guido stated that there is a Conference and Visitors Bureau meeting on this subject scheduled in the near future and urged community attendance. Fire Chief Dolder spoke regarding a two -prong approach for the city so that the city is ready in either event. Councilmember Garofalo suggested that this issue be brought to the attention of the group that is managing the proceeds from the last oil spill as that consortium of cities has the most to gain and risk by trying to manage this facility. Councilmember Green suggested that the State Land Commission position be legally reviewed and the city's legislators be contacted on behalf of the city. The Fire Chief stated that the State Lands Commission has been contacted and is trying to stop this project. LARRY GIBSON spoke regarding what he believes are some of the dangers of the proposal to retrofit the facility. He stated that he believes some of the dangers include possible contamination due to the type of lighter oil, possible problems in demolition of the existing facility, antiquated equipment, and equipment rusting away. He spoke regarding mandatory provisions for leak detection. MENDY SINSLEY spoke on behalf of parents and children in the neighborhood affected by the proposed offshore oil facility retrofit. She stated that she will not allow her children in the open dirt lot at the end of the street near the tanks which is very attractive to children and which is only two homes away from her home. She stated that she wondered what type of toxins and :m Page 6 - Council/Agency Minutes — 07/20/98 poisons are in the soil that could harm the children and animals. Mrs. Sinsley read one of the Proposition 65 warning signs posted in the area relative to toxic agents. She stated her concern for the safety of the children. Mrs. Sinsley stated she knows of four dogs in the neighborhood that have died of cancer. She stated that she does not believe it is fair for children to be exposed to this hazard especially since the oil company was aware of this danger. In response to Councilmember Harman, Fire Chief Dolder stated that possibly there is an access where people can enter the facility; however, there is not suppose to be an entrance. He reported on Proposition 65 issues. The Fire Chief informed Council that he will check the site for access. Councilmember Garofalo requested that the City Attorney return with a plan to review all alternatives to discourage the reactivation of the offshore oil facility. ROBERT IVORY spoke regarding past oil spills in the city. He spoke regarding CENCO Company's plans to put in the oil tank facility and accompanying underground and underwater pipeline back into operation. He stated that when the oil tank farm was removed the smell was almost unbearable. Mr. Ivory informed Council that he has two children and stated his concern regarding the proposed use of float lids on tanks which expose the inside of the cans to the elements, and there is a prevailing wind from the ocean. He spoke regarding the capability of the moorings and the associated problems involved. BARBARA KLEIN informed Council that she is an attorney in private practice and believes this fight to keep CENCO from putting the underwater pipeline back into operation can be won, citing children being in the vicinity and the history of cancer afflicting dogs in the area. Ms. Klein informed Council that she and others are willing to take on this fight. RENE BURTON, real estate agent, stated the effect of the tank farm on the value of the homes in the area and also stated there would be a detrimental effect on the proposed Waterfront Hotel expansion. She requested that Council oppose outside interests and determine what is best for the city and listen to their constituents. MIKE TALBERT stated he resides on Lomond Drive which is the only street that parallels the tank.farm and that he had selected his home because there is a vacant lot across the street and the view is not blocked. He stated that he believes the tank farm is okay if it is safe. He stated his concern with the long-term development of the area if the tank farm is removed. TERRY SCOTT informed Council that the Huntington Beach Coastal Community Association has been formed by the neighbors to stop this CENCO project. He stated that the whole coastal community is threatened by the proposed underwater pipeline being returned to operation. DON McGEE stated that he is not an expert on oil spills; however, he believes the oil spill damage is measured not in weeks but in years and maybe for eternity. On another issue he spoke regarding the effects of excessive noise on people, particularly children. He spoke regarding the impact of the noise from concerts. VINCENT NOVACK stated reasons why he believes it is impossible for a facility like the proposed CENCO operation to be a good neighbor to the residents. He stated that the current permit only runs to the year 2005. Mr. Novack spoke regarding the cost to the taxpayers of cleanup as the persons responsible can evade their responsibilities through actions such as bankruptcy. 781 07/20/98 — City Council/Redevelopment Agency Minutes - Page 7 JIM BARKER addressed Council regarding the item placed on the agenda by Councilmember Garofalo regarding mobile home parks as affordable housing. He stated that he believes Councilmember Garofalo's proposal would only assist a minimum number of people. He spoke regarding the proposal set forth by the Mobile Home Review Committee regarding rent control which they would like to -see agendized in the near future. JAMES LACY, retired Fire Captain, addressed Council regarding his forced retirement due to injury from coming into contact with toxic chemicals. He stated that the City Council is trying to take away part of his retirement. Mr. Lacy spoke regarding the past history of the PERS rollover provision informing Council that at that time the city's administration had been insistent that firefighters take the PERS rollover rather than a salary increase. DON BOLAND, president of the Huntington Beach Firefighters' Association, informed Council that he believes progress has been made in negotiations. He informed Council that the comment made by a Councilmember that a written proposal had not been presented by the firefighters' association is inaccurate as at this stage in negotiations a written statement is not applicable. To avoid miscommunication between the association members and Council, Mr. Boland recommended that comments regarding negotiations be confined to the negotiation table. (CITY COUNCIL) CITY ATTORNEY REPORT REGARDING OIL TANK FARM — NEWLAND STREET AND HAMILTON AVENUE City Attorney Hutton reported on the teardown of the oil tank farm at Newland Street and Hamilton Avenue and the involvement of the City Attorney's Office in this matter. She requested that the neighborhood committee provide her office with any information they can as it will be very helpful. CITY COUNCIL) REVISED AGENDA ITEM — AWARD OF CONSTRUCTION CONTRACT OAKVIEW LIBRARY EXPANSION PROJECT — CC-1047 City Administrator Silver referred to the revised Recommended Council Action on the agenda item relative to construction for the Oakview Library Expansion Project, CC-1047. He informed Council a late communication on this matter had been announced earlier by the City Clerk. The late communication is titled Modification of Recommended Action for Agenda Item E-7, 7120198 Council Meeting dated July 17, 1998. (CITY COUNCIL) PUBLIC WORKS DIRECTOR REPORT — FISCAL YEAR 1998-99 INFRASTRUCTURE MAINTENANCE PROGRAMS City Administrator Silver addressed Council regarding sewer infrastructure issues, sewer system problems, and street pothole problems. He informed Council that a report had been prepared by Public Works Director Beardsley. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: W-N Page 8 - Council/Agency Minutes — 07/20/98 Memorandum from Robert Beardsley, Director of Public Works dated July 18, 1998, Subject: Fiscal Year 1998199 Infrastructure Maintenance Programs Public Works Director Robert Beardsley presented a report, referring to his communication to the City Administrator dated July 18, 1998 titled Fiscal Year 1998-99 Infrastructure Maintenance Programs. The report encompassed pothole repair program, composition of arterial pothole repair crew, arterial street failure repair contract, downtown sewer repair program, pothole repair cost summary sheet, wastewater pipeline repair — critical priority list. City Administrator Silver informed Council that a report would be presented to Council regarding Councilmember Garofalo's question relative to lead sewer pipes. Further discussion was held between Council and the Public Works Director regarding items in the report. (CITY COUNCIL) CITY TREASURER'S MAY, 1998 INVESTMENT SUMMARY REPORT - ACCEPTED (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Report for May, 1998. Following review of the report, the motion by Green, second Harman, to accept the Monthly Investment Report for May, 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 NOES: None ABSENT: (Garofalo out of the room) (CITY COUNCIL) ANNUAL MEETING OF THE HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION The Mayor recessed the Council/Agency meeting in order to convene the annual regular meeting of the Huntington Beach Civic Improvement Corporation. The Mayor called the Annual Meeting of the Huntington Beach Civic Improvement Corporation to order. Huntington Beach Civic Improvement Corporation Roll Call Present: Julien, Harman, Green Dettloff, Bauer, Sullivan Absent: (Garofalo out of the room) k (City Council/Civic Improvement) Minutes — Approved and Adopted A motion was made by Harman, seconded by Bauer, to approve and adopt the minutes of the Huntington Beach Civic Improvement Corporation Annual Meeting held December 15, 1997 as written and on file in the Office of the Secretary. The motion carried by the following roll call vote: a.**] 07/20/98 — City Council/Redevelopment Agency Minutes - Page 9 AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: (Garofalo out of the room) Adjournment — Huntington Beach Civic Improvement Corporation Meeting The Mayor adjourned the annual meeting of the Huntington Beach Civic Improvement Corporation. CONSENT CALENDAR — ITEMS REMOVED The following items were removed from the Consent Calendar for separate consideration: (City Council) An Award of Construction Contract To Arteck Engineering For The Oak View Library Expansion Project — CC-1047 — And Reprogram $58,000 in CDBG Funds To The Project (City Council) A Professional Services Contract Between The City And Urban Design Studio For Preparation Of Urban Design —Approve Modification To Hold Harmless Contract Provisions (City Council) An Agreement Between The City Of Huntington Beach And The County Of Orange For 1998/99 Animal Control Shelter Services CONSENT CALENDAR — ITEMS APPROVED On motion by Bauer, second Sullivan, 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 the minutes of the City Council and Redevelopment Agency regular meeting of June 15, 1998 and adjourned regular meetings of June 19, 1998 and June 29, 1998 as written and on file in the Office of the City Clerk. (CITY COUNCIL) APPROVED TWO AGREEMENTS BETWEEN CITY AND SHEA VICKERS COMMERCIAL PROPERTIES REGARDING RESERVOIR HILL PROPERTY AND CLAY STREET PIPELINE RELOCATION - REIMBURSEMENT FOR THE DEMOLITION OF THE EXISTING RESERVOIR AT RESERVOIR HILL/TRANSFER OF FUNDS (600.10) - 1. Approved and authorized the Mayor and City Clerk to execute Amendment No. 1 to the Agreement between the City of Huntington Beach and the Huntington Beach Company concerning Reservoir Hill property (Shea Vickers Development Company Successor In Interest to Huntington Beach Company); 2. Approved the transfer of $25,000 from the Unappropriated Water Fund Reserves to the Fiscal Year 1997/98 Water Fund Budget, Account Number E-EW- um Page 10 - Council/Agency Minutes — 07/20/98 PW-962-6-29-00; 3. Authorized the Director of Public Works to reimburse Shea Vickers Commercial Properties 50% of the actual cost of the demolition work for the reservoir at the Reservoir Hill property at a cost not to exceed $25,000; and 4. Approved and authorized the Mayor and City Clerk to execute the Agreement Between the City of Huntington Beach and Shea Vickers Commercial Properties, LLC Concerning the Relocation of a 42-Inch Pipeline In Clay Street. (CITY COUNCIL) ACCEPTED THE SILVER LANE STREET AND STORM DRAIN IMPROVEMENTS - CC-1011 AND CC-1041 - AND FILED NOTICE OF COMPLETION - PETER C. DAVID COMPANY, INC. (600.60) - Accepted the Silver Lane Street and Storm Drain Improvements completed by Peter C. David Company, Inc. at a final cost of $511,297.17, authorized the City Clerk to file a Notice of Completion with the County Recorder's Office, and approved transfer of $9,350.72 in unused supplemental funds into Purchase. Order #226928 to cover the actual construction related expenses. (CITY COUNCIL) ACCEPTED THE WARNER AVENUE MEDIAN LANDSCAPING PROJECT - CC-1026 - AND FILED A NOTICE OF SUBSTANTIAL COMPLETION - C. J. CONSTRUCTION (600.80) - Accepted the Warner Avenue Median Landscaping Project completed by C. J. Construction at a final cost of $367,737.09 and authorized the City Clerk to file a Notice of Substantial Completion with the County Recorder's Office. (CITY COUNCIL/PARKING AUTHORITY) APPROVED THE PIER PLAZA IMPROVEMENTS PROJECT - CC-1029 - AND FILED A NOTICE OF SUBSTANTIAL COMPLETION - VALLEY CREST LANDSCAPE, INC. (600.80) - 1. Accepted the completed improvements of the Pier Plaza Project, CC-1029, completed by Valley Crest Landscape, Inc. at a cost of $5,098,013.05 and authorized the City Clerk to file a Notice of Substantial Completion with the County Recorder's Office and 2. Accepted the completed improvements of the mural and amphitheater installed by Terry Schoonhoven and Lloyd Hamrol respectively and in accordance with the contract documents for such work. (CITY COUNCIL) APPROVED 1998/99 TENTATIVE BUDGET - WEST ORANGE COUNTY WATER BOARD (320.80) - Approved the 1998/99 tentative West Orange County Water Board Budget in the amount of $261,725. Huntington Beach share is $143,462. (CITY COUNCIL/REDEVELOPMENT AGENCY) ADOPTED REDEVELOPMENT AGENCY RESOLUTION NO. 288 —AMENDS REDEVELOPMENT AGENCY DEBT (1997-98) PURSUANT TO OPERATIVE AGREEMENT (600.30) — Adopted Redevelopment Agency Resolution No. 288 — "A Resolution of the Redevelopment Agency of the City of Huntington Beach Amending the Agency Debt Pursuant to the Operative Agreement Between the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach for the. Huntington Beach Redevelopment Project." (REDEVELOPMENT AGENCY) APPROVED AS TO FORM OCEANVIEW PROMENADE OFFICE SPACE LEASE BETWEEN CAPITAL CORPORATION AND ABDELMUTI DEVELOPMENT COMPANY (SUITE 2A AND 2H) (600.30) - Approved as to form the Office 785 07/20/98 — City Council/Redevelopment Agency Minutes - Page 11 Space Lease Between Abdelmuti Development Company, A California General Partnership, As Landlord And Clearview Capital Corporation, A California Corporation, As Tenant for office space within the Oceanview Promenade. (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-58 - APPROVED THE REQUEST BY SIERRA PACIFIC RESOURCES, INC. TO VACATE A RAILROAD RIGHT-OF-WAY EASEMENT LOCATED ON THE NORTH SIDE OF PACIFIC COAST HIGHWAY, WEST OF HUNTINGTON STREET - (31-ACRE AREA) (800.50) - Adopted Resolution No. 98-58 - 'A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of a Portion of an Abandoned Pacific Electric Railroad Right -of -Way Easement Located on the North Side of Pacific Coast Highway, West of Huntington Street. " (Property recently purchased by M. S. Vickers II, LLC from Huntington Beach Company.) (REDEVELOPMENT AGENCY) APPROVED AMENDMENT NO. 1 TO CONTRACTS WITH FINANCIAL ADVISORS FOR ECONOMIC PROFESSIONAL SERVICES — KEYSER MARSTON ASSOCIATES AND THE SEDWAY GROUP — APPROVED SCOPE OF WORK (600.30) —1. Approved and authorized the Chairperson and Clerk to execute the attached amendments to the professional services agreements between the Redevelopment Agency and Keyser Marston Associates and the Sedway Group extending the term for an additional two years and increasing the maximum compensation by $75,000 for each firm for each year and 2. Approved the attached scope of work for the "Impediments to Development" study to be performed under the above approved contract with the Sedway Group for a maximum compensation of $42,000 in addition to the amount approved above. (CITY COUNCIL) STAFF RECOMMENDATION APPROVED AS AMENDED — AUTHORIZED AWARD OF CONSTRUCTION CONTRACT TO ARTECK ENGINEERING FOR THE OAK VIEW LIBRARY EXPANSION PROJECT — CC-1047 — APPROVED REPROGRAMMING OF $89,000 CDBG FUNDS TO THE PROJECT The City Council considered a communication from the Public Works Director, Library Services Director, and the Economic Development Director recommending award of construction contract for the Oak View Library Expansion Project and the Reprogramming of Community Development Block Grant Funds to the project. Following discussion, a motion was made by Green, second Garofalo to approve the following recommended action as amended pursuant to the late communication announced earlier by the City Clerk titled Modification of Recommended Action for Item E-7 — July 29, 1998 as follows — 1. Approve reprogramming of $89,000 from unprogrammed Community Development Block Grant funds to the Oak View Library Expansion Project, CC-1047; 2. Approve the low responsive/responsible bid submitted by Arteck Engineering for the Oak View Library Expansion Project, CC-1047 and authorize the Mayor and City Clerk to execute a construction contract in the amount of $115,000; and 3. Authorize the Director of Public Works to expend a total of $162,500 including the contract amount of $115,000, estimated construction change order contingency of $42,500, and supplemental expenditures of $5,000. The motion carried by the following roll call vote: 786 Page 12 - Council/Agency Minutes — 07/20/98 AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY AND URBAN DESIGN STUDIO FOR PREPARATION OF URBAN DESIGN — APPROVED MODIFICATION TO HOLD HARMLESS CONTRACT PROVISIONS The City Council considered a communication from the Community Development Director recommending approval of a contract between the city and Urban Design Studio for preparation of Urban Design Guidelines. Councilmember Bauer stated that he would like to have consideration given to signs at the entrance of the city and directional signs, including the addition of Pacific Coast Highway to the list. Community Development Director Fallon reported that the tool recommended by Bauer regarding preparation of an ordinance relative to requiring certain attractive landscaping amenities when there are changes in ownership/business or use would be looked into. She stated that Pacific Coast Highway would also be included in this study. A motion was made by Bauer, second Harman to approve the following recommended actions: 1. Approve and authorize execution by the Mayor and City Clerk of the Professional Services Contract Between the City of Huntington Beach and Urban Design Studio for Preparation of Urban Design Guidelines for preparation of urban design guidelines for an amount not to exceed $92,000, and 2. Approve Section 8 hold harmless change in contract language to include "Negligent" to qualify the vendor's performance. Contract to read "CONSULTANT shall protect, defend, indemnify and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs arising out of or in connection with negligent performance of the Agreement and further requested that Pacific Coast Highway be included; entrance signs to city considered; also direction signs, e.g., TO BEACH; also feasibility of using as a tool an ordinance to require certain attractive landscaping amenities when there are changes in ownership/business or use. The motion carried by the following roll call vote: AYES Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: (Green absent from the room) (CITY COUNCIL) APPROVED AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE COUNTY OF ORANGE FOR 1998/99 ANIMAL CONTROL/SHELTER SERVICES The City Council considered a communication submitted by the Deputy City Administrator - Administration Department recommending approval of a proposed contract between the city and the county for animal control shelter services. 787 07/20/98 — City Council/Redevelopment Agency Minutes - Page 13 City Administrator Silver responded to Councilmember Bauer's questions regarding provision of animal control services through means other than the County of Orange. A motion was made by Bauer, second Green to approve and authorize execution by the Mayor and City Clerk of the 1998199 Agreement For Animal Control and Shelter Services between the City of Huntington Beach and the County of Orange. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) COUNCILMAN GAROFALO'S COMMENTS REGARDING CONSENT CALENDAR ITEM — AMENDMENT NO. 1 TO CONTRACT WITH FINANCIAL ADVISORS FOR ECONOMIC PROFESSIONAL SERVICES — KEYSER MARSTON ASSOCIATES AND THE SEDWAY GROUP Councilmember Garofalo stated that he had meant to remove from the Consent Calendar portion of the agenda the proposed amendments to contracts between the city and Keyser Marston Associates and the city and the Sedway Group; however, at this time he would comment on the item. He stated his opposition to extending the contracts with these two consultants as in the past two years he had not seen adequate demonstration of results of their work. Councilmember Garofalo stated that he does not see the value of having these consultants. Mayor Dettloff requested that Economic Development Director Biggs and Community Director Fallon present a report at a later meeting on the work that these consultants have performed for the city. (CITY COUNCIL) ADOPTED RESOLUTION OF INTENT NO. 98-48 REGARDING CIRCULATION ELEMENT AMENDMENT — CIRCULATION PLAN OF ARTERIAL STREETS AND HIGHWAYS MAP — RECLASSIFIED INDIANAPOLIS AVENUE BETWEEN BEACH BOULEVARD AND LAKE STREET The City Council considered a communication from the Public Works Director and the Community Development Director transmitting Resolution No. 98-48 — 'A Resolution of the City Council of the City of Huntington Beach Reaffirming the Circulation Plan of Arterial Streets and Highways, and Authorizing the Initiation of a General Plan Amendment for its Inclusion in the Circulation Element of the General Plan. " Earlier in the meeting, the City Clerk had announced the following late communication: Slide report from the Public Works Department dated July 20, 1998 entitled General Plan Circulation Element Public Works Director Beardsley presented a staff report using slides. He also referred to the late communication from Mr. John Scott, representative of the Southeast Huntington Beach Neighborhood Association, which informed Council that they have no opposition to this Page 14 - Council/Agency Minutes — 07/20/98 recommendation. This late communication had been announced by the City Clerk earlier in the meeting. In response to Councilmember Bauer, Public Works Director Beardsley stated that it will take approximately twelve months for the consultant to complete the Santa Ana River bridge study. A motion was made by Garofalo, second Green to adopt Resolution No. 98-48 and declare an intention, as part of the General Plan Amendment process, to reclassify Indianapolis Avenue between Beach Boulevard and Lake Street to the status of a collector street. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) REPORT FROM MAYOR REGARDING HOOVER-GOTHARD CONNECTION Mayor Dettloff brought Council's attention to a letter from City Engineer Eichblatt regarding the progress which has been made to obtain funds for the Hoover-Gothard Connection. (CITY COUNCIL) APPROVED MECHANISM FOR SECURING FROM PLC LAND COMPANY OUTSTANDING HOLLY-SEACLIFF INFRASTRUCTURE INCLUDING WATER RESERVOIR (420.20) The City Council considered a communication from the Acting Assistant City Administrator/Fire Chief, Director of Public Works, Community Development Director, and Deputy City Administrator -Administrative Services Director requesting Council consideration of whether the City Council should require PLC Land Company to secure outstanding Holly-Seacliff infrastructure costs which include a water reservoir. Fire Chief Dolder presented a detailed report. Councilmember Garofalo, as a member of the City Council committee on this subject, presented a report. At the request of Councilmember Bauer, Bill Holman, PLC representative, addressed Council regarding the issue. Mr. Holman reported on the progress of the project and stated that he believes the recommendation regarding bonding is fair and that PLC Land Company is willing to proceed under these terms. A motion was made by Garofalo, second Julien to,approve the following recommended action: Condition any future Holly-Seacliff land Consent to Sale with the requirement that PLC Land Company provide an $11.24 million performance bond for the design and construction of a 9 million gallon water reservoir to be located on Edwards Street, and 3. In addition to the water reservoir bonding, condition the Consent to Sale of specific Holly- Seacliff project areas which include Holmby Place, Cove, and miscellaneous Main Street properties with the requirement that Gothard and Main Street arterial highway segments 07/20/98 — City Council/Redevelopment Agency Minutes - Page 15 are completed prior to granting a Consent to Sale or a $4.2 million performance bond is provided to the city. The motion was carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) APPROVED REQUEST BY PLC LAND COMPANY FOR THE CITY'S CONSENT FOR PENDING SALE OF TENTATIVE TRACT NO. 14660 (BELMONT) TO SHEA VICKERS RESIDENTIAL, LLC (HOLLY-SEACLIFF DEVELOPMENT AGREEMENT AREA) AND APPROVED CERTIFICATE OF CONSENT TO SALE AND ASSUMPTION OF RIGHTS, DUTIES, AND OBLIGATIONS The City Council considered a transmittal from Community Development Director Fallon of a request by PLC Land Company for the City Council to provide consent to the pending sale of Tentative Tract No. 14660, the residential project Belmont (a 98 single-family unit project at Gothard and Ellis) to Shea Vickers Residential, LLC. The project is subject to the Holly-Seacliff Development Agreement. Section 4.2 of the Development Agreement requires the city to provide consent to the sale of the properties covered by the Development Agreement if the sale is to a party not affiliated with the developer and if all public improvements have not been completed. Staff recommendation of approval is contingent upon approval of a separate Request for Council Action on this agenda to require a security instrument from PLC for construction of a water reservoir. Community Development Director Fallon presented a staff report. A motion was made by Harman, second Sullivan to approve the following recommended action as amended to correct the figure in the Request for Council Action from $12.7 million bond or amount as approved by the City Council to an $11.24 million bond: 1. Pursuant to Section 4.2 of the Holly-Seacliff Development Agreement, approve the request by PLC for the City Council to provide consent for the pending sale of the property known as Tentative Tract No. 14660 to Shea Vickers Residential, LLC subject to the receipt of a an $4,14. $11.24 million bond or amount as approved by City Council; and 2. Authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations and to record same with the County Recorder. The motion as amended carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo NOES: None ABSENT (Bauer out of the room) (REDEVELOPMENT AGENCY) APPROVED MEMORANDUM OF UNDERSTANDING FOR SETTLEMENT AGREEMENT FOR DRIFTWOOD MOBILE HOME ACQUISITION AND RELOCATION — ADOPTED RESOLUTION NO. 289 — WATERFRONT DEVELOPMENT PROJECT ENVIRONMENTAL ASSESSMENT APPROVING ENVIRONMENTAL FINDINGS AND ADDENDUM TO SUPPLEMENTAL EIR 82-2 The City Council considered a communication from Economic Development Director Biggs and Community Development Director Fallon transmitting a Memorandum of Understanding which will result in a definitive agreement for the Driftwood Mobile Home Acquisition and Relocation and transmitting Agency Resolution No. 289 approving environmental findings and approving the Addendum to Supplemental Environmental Impact Report 82-2 for the Waterfront Development Project. 790 Page 16 - Council/Agency Minutes — 07/20/98 Earlier in the meeting the City Clerk had announced a late communication from the Economic Development Department titled Driftwood Mobile Home Park Memorandum of Understanding. Economic Development Director Biggs presented a staff report. A motion was made by Bauer, second Green to approve the following recommended action: Adopt Redevelopment Agency Resolution No. 289 approving environmental findings and approving the Addendum to Supplemental EIR 82-2 for the Waterfront Development Project, and 2. Approve the Memorandum of Understanding for Settlement Agreement for Driftwood Mobile Home Acquisition and Relocation, and 3. Direct Agency Counsel to prepare a final Settlement Agreement for Driftwood Mobile Home Acquisition and Relocation and return to the Agency Board for approval by not later than August 17, 1998. The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Green NOES: None ABSENT: (Sullivan, Garofalo, Julien absent from room) (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3391 - RELATING TO THE FILING OF STATEMENTS OF ECONOMIC INTERESTS BY MEMBERS OF BOARDS, COMMISSIONS AND COMMITTEES (630.60) - Ordinance No. 3391 - 'An Ordinance of the City of Huntington Beach, California Relating to the Filing of Statements of Economic Interests by Members of Boards, Commissions and Committees. (Procedure for removal from position for failure to file required statement.) A motion was made by Green, second Harman to adopt Ordinance No. 3391 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Green NOES: None ABSENT: (Garofalo, Sullivan absent from room) (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3400 - (SEACLIFF SHOPPING CENTER) -AMENDS THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING THE HOLLY-SEACLIFF SPECIFIC PLAN (ZONING TEXT AMENDMENT NO. 97-2) (440.50) - Ordinance No. 3400 - "An rdinance of the City of Huntington Beach Amending the Huntington Beach Ordinance Code By Amending the Holly-Seacliff;Specific Plan (Zoning Text Amendment No. 97-2). " A motion was made by Green, second Bauer to adopt Ordinance No. 3400 after City Clerk reads by title. The motion carried by the following roll call vote: 791 07/20/98 — City Council/Redevelopment Agency Minutes - Page 17 AYES: Julien, Harman, Dettloff, Bauer, Green NOES: None ABSENT: (Garofalo, Sullivan absent from room) (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3402 — HOLLY-SEACLIFF SPECIFIC PLAN — GREEN BRIAR-MONTECITO PROJECT — SOUTHWEST CORNER OF GARFIELD AVENUE AND GOLDENWEST STREET — ZONING TEXT AMENDMENT 97-5 (440.50) — Ordinance No. 3402 - "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending the Holly-Seacliff Specific Plan (Zoning Text Amendment No. 97-5)." A motion was made by Green, second Harman to adopt Ordinance No. 3402 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Green NOES: None ABSENT: (Sullivan, Garofalo absent from room) (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3382 — EMPLOYMENT SOLICITATION ORDINANCE — (TO COMPLEMENT THE ANTICIPATED OPENING OF THE DAY LABORER JOB CENTER) (640.10) — Ordinance No. 3382 —"An Ordinance of the City of Huntington Beach Adding Chapter 9.88 to the Huntington Beach Municipal Code Pertaining to Employment Solicitation." The City Council considered a communication from Police Chief Lowenberg transmitting proposed Ordinance No. 3382 regarding employment solicitation — to complement anticipated opening of the day laborer job center. In response to Councilmember Harman, Police Chief Lowenberg reported on the possibility of including a provision in the ordinance to require proof of legal residency in the ordinance. City Attorney Hutton responded to Councilmember Harman's questions regarding whether the ordinance applies to vacant lots. Councilmember Julien stated her concern regarding whether the city is assuming responsibility to see that the workers have legal status. She also expressed concern regarding the subject of enforcement as well as where will the undocumented workers go if they do not use the day labor site. Police Chief Lowenberg reported on these issues. Councilmember Julien requested that the City Attorney report relative to the city's position in the matter of the city checking legal residency. t A motion was made by Green, second Bauer to approve the introduction of Ordinance No. 3382 after City Clerk reads by title. The motion carried by the following roll call vote: 792 Page 18 - Council/Agency Minutes — 07/20/98 AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) COUNCIL DIRECTION PROVIDED TO STAFF REGARDING MOBILE HOMES AS AFFORDABLE HOUSING (430.60) The City Council considered a communication from Councilmember Garofalo transmitting a summary prepared by Economic Development Director Biggs of current staff efforts to assist in the preservation of mobile home parks as an affordable housing asset and city options in this regard. Councilmember Garofalo presented a report regarding the reasons he had placed this item on the Council agenda. A motion was made by Garofalo, second Green to approve the following action: Direct the City Administrator to continue staff efforts to identify a mobile home park that might be available for acquisition with a nonprofit agency as an affordable housing demonstration project. The motion made by Garofalo, second Green carried unanimously. (CITY COUNCIL) REQUEST BY COUNCILMEMBER GAROFALO FOR PERMISSION TO BE ABSENT APPROVED (120.40) The City Council considered a communication from Councilmember Garofalo requesting permission to be absent from the City Council meeting of August 3, 1998. A motion made by Garofalo, second Julien to approve Councilmember Garofalo's request for permission to be absent from the August 3, 1998 City Council meeting. The motion carried by unanimous vote. (CITY COUNCIL) ESTABLISH POLICY FOR FUND APPROPRIATION FOR INFRASTRUCTURE NEEDS - APPROVED The City Council considered a communication from Councilmember Garofalo regarding funding for city infrastructure projects in the areas of streets, sewers, storm drains, sidewalks, parks, and city -owned buildings. A motion was made by Garofalo, second Green that the City Council establish a policy of annually appropriating General Fund Reserves above the established minimum amount to be used for the most critical infrastructure needs described above. Considerable discussion was held by Council. The motion made by Garofalo, second Green carried by the following roll call vote: 793 07/20/98 — City Council/Redevelopment Agency Minutes - Page 19 AYES: Julien, Dettloff, Bauer, Green, Garofalo NOES: Harman, Sullivan ABSENT: None ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY A motion was made to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, July 27, 1998 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: —City Clerk/ CIerk Ma or/Chairman 794