HomeMy WebLinkAbout1998-10-19MINUTES
CITY COUNCIUREDEVELOPMENT 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, October 19, 1998
An audiotape 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 5:00 p.m. in Room B-8.
CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
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 BETWEEN THE CITY COUNCIL & ENVIRONMENTAL
REVIEW BOARD — UPDATE ON PROPOSED ENVIRONMENTAL SYMPOSIUM
Mayor Dettloff welcomed the members of the Environmental Review Board to the joint meeting
with the City Council.
ENVIRONMENTAL REVIEW BOARD ROLL CALL
Present: Scandura, Anderson, Nagy, Ryan, Davis, Caponi
Absent: Grossman, Merow, Lee
107
Page 2 - Council/Agency Minutes — 10/19/98
Late Communication Announced By City Clerk
The City Clerk announced a late communication from the Planning Department titled What Is
Open Space?
John Scandura, Chairman of the Environmental Review Board, invited each member of the
Environmental Review Board to introduce themselves to Council and present a brief description
of their background. During the presentations, Environmental Review Board Member .lean
Nagy stated that she would appreciate Council's assistance in nominating persons for the
environmental awards that the Environmental Review Board gives to members in the
community. She stated that the Environmental Review Board did not have success in obtaining
nominees and would appreciate Council's input.
Chairman Scandura reviewed the work of the Environmental Review Board which includes
reviewing CEQA reports, participation on the City Infrastructure Committee, input on the various
development projects in the city including the Whitehole area along Pacific Coast Highway, the
Bolsa Chica issue, and the proposed Crestview project. He reported on future projects which
the Environmental Review Board will consider including the Santa Ana River Park and use of
alternate fuels in the city. He reported on the proposed environmental symposium which is to
be scheduled for the latter part of 1999 for businesses and environmental interest to identify and
help address the city's environmental challenges. He cited the instance where the city joined
forces with various groups to halt the CENCO Oil Refinery reactivation project off the Huntington
Beach coast. He hopes that this symposium will bring together various groups for the benefit of
the city to work together on environmental issues.
Councilmember Garofalo stated he would like information regarding open space
Councilmember Bauer spoke regarding alternative fuel issues and cleanup of the NESI site at
Hamilton Avenue and Magnolia Street. Environmental Review Board Member Rich Davis and
Chairman Scandura commented on these issues. Councilmember Harman stated his concern
that SCAG (Southern California Association of Governments) grants may not be addressed. He
stated that he will place the Environmental Review Board members on the list to receive grant
application invitations.
Councilmember Harman referred to two upcoming symposiums on environmental issues. One
is regarding alternative fuel and electric vehicle workshops to be held in Diamond Bar, and the
other is a seminar regarding recycling issues to be held in the city of Santa Monica.
Councilmember Harman requested that staff provide the material on the proposed seminars to
members of the Environmental Review Board.
CITY COUNCIL RECESS TO CLOSED SESSION — APPROVED (120.80)
The City Council by unanimous consent recessed to closed session to consider the following
items:
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, Municipal Employees'
108
10119/98 - CouncillAgency Minutes - Page 3
Association, 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 City v. Dahl - Orange County Superior Court Case No. 77 57 26. Subject:
City v. Dahl. (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 Shiffer v. Utley/City of Huntington Beach — Orange County
Superior Court Case No. 78 20 40. Subject: Shiffer v. UtleylCity of Huntington Beach. (12&80)
Closed Session - City Council pursuant to Government Code Section 54956.8 to give
instructions to the agency's negotiator, Ray Silver, David Biggs, regarding negotiations with
John Givens and Shaul Kuba, CIM Group, LLC. concerning the purchaselsalelexchangellease
of the property located at Block 104 & 105; bounded by PCH, Main Street, Walnut & e Street.
Instruction will concern price and terms of payment. Subject: Real Property Negotiation
Blocks 104 & 105 an area bounded by PCH, Walnut, Main & 6`h Street in the City of
Huntington Beach.
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 v. Santa Fe Springs — Los Angeles Superior Court Case BS053802.
Subject: City v. City of Santa Fe Springs. (120.80)
RECONVENE
Mayor Dettloff reconvened the regular meetings of the City Council and Redevelopment Agency
in the Council Chamber at 7:18 p.m.
The City Attorney shall determine if any actions taken by the City Council or Redevelopment
Agency in closed session shall require a reporting on those actions as required by law
(Government Code §54957.1(a)(3)(B)).
(CITY COUNCIL) REPORT OF ACTION TAKEN AT CLOSED SESSION REGARDING..
FRANKS V. CITY — ORANGE COUNTY SUPERIOR COURT CASE NO. 78 22 68 (630.40)
On October 2, 1998, in closed session at an adjourned regular meeting of the September 21,
1998 meeting, the City Council by a vote of 4-0 (Sullivan, Garofalo and Harman were absent)
authorized settlement of the wrongful death case of Franks v. City of Huntington Beach, Orange
County Superior Court Case No. 78 22 68, for $500,000.
109
Page 4 -Council/Agency Minutes--10119198 REVISED PAGE
(CITY COUNCIL) REPORT OF ACTION TAKEN AT CLOSED SESSION REGARDING CITY
OF HUNTINGTON BEACH V. CITY OF SANTA FE SPRINGS (CENCO — GOLDEN WEST
REFINING COMPANY)
—>On October -2 5, 1998 in closed session at the regular meeting of October 45 5, 1998 the City
Council approved a Settlement Agreement by a vote of 7-0 among CENCO, Golden West
Refining Company, City of Huntington Beach, The Robert Mayer Corporation, Mayer Financial,
Ltd. And Waterfront Hotel, LLC (collectively the "Mayer Entities") to be effective as of October 2,
1998. The Mayor and the City Clerk were authorized to execute the Settlement Agreement.
(Settlement Agreement provided to the City Clerk for public review.)
CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
Absent: None
PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge of Allegiance was given.
The Invocation was offered by Peggy Price, Church of Religious Science.
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:
City Treasurer's Slide Report dated October 19, 1998
Communication from the Economic Development Director dated October 19, 1998 titled
Additional Language ForAmended and Restated Mobile Home Acquisition and Relocation
Agreement
Slide report from the Economic Development Department dated October 19, 1998 titled
Driftwood Mobile Home Park Amender! and Restated Acquisition and Relocation Agreement
(MARA)
Communication from Timothy J. Stripe, Co -President, Grand Pacific Resorts, Inc. dated
October 17, 1998 regarding the CIM request for a six-month extension for their Exclusive
Negotiating Agreement for Blocks 104 and 105 with the Redevelopment Agency Of Huntington
Beach and Grand Pacific Resort, Inc.'s interest in pursuing a high -end hospitality timeshare
project on this site
110
10/19/98 - Council/Agency Minutes - Page 5
Communication dated October 19, 1998 from Keith B. Bohr, Property Owner Representative for
property owners Gary Mulligan (117 Main Street), Mr. George Draper (121 Main Street) and
Mr. & Mrs. Ron Mase (123 Main Street) requesting the Redevelopment Agency deny the
recommended 180 day extension of the CIM Exclusive Right to Negotiate and a possible
recommended alternative Agency action should the Redevelopment Agency decide to approve
the project
Slide report (not dated) from the Economic Development Department titled Extension of the
Exclusive Right to Negotiate with CIM Group
Mayor Shirley Dettloff's presentation of the Employee of the Month Award was continued to the
November 2, 1998 City Council meeting.
Mayor Dettloff announced that at a future Council meeting a presentation will be made to Erin
Lalor, Huntington Beach Police Officer, for participating in the Hawaii Iron Man Marathon.
Ms. Lalor came in 14`h in her age bracket.
(CITY COUNCIL) SETTLEMENT OF MEMORANDUM OF UNDERSTANDING WITH
EMPLOYEE ORGANIZATIONS
Mayor Dettloff announced that a settlement of agreement with the Marine Safety Officers'
Association had been reached and that all employee groups have now reached settlement with
the exception of the Huntington Beach Firefighters' Association.
PUBLIC COMMENTS
VIRGINIA SIMS addressed Council on behalf of the firefighters and recommended a salary
increase for them.
TOM MELTON stated that he had been approached by a representative of Pro -Contracting
Company who inquired if he had been notified of any defects in the Peck Reservoir. He
requested that Council take a close look at the condition of the Peck Reservoir. Mayor Dettloff
requested that the City Administrator reply. The City Administrator stated that a report on
conditions of the reservoir would be made shortly by the Director of Public Works. The Director
of Public Works reported that the Peck Reservoir is not similar to the water reservoir in the city
of Westminster. He stated that a report is forthcoming. At the request of Councilmember
Garofalo, the Director of Public Works stated that before the Peck Reservoir is filled with water
all concerns will be addressed. Councilmember Harman clarified that the lawsuit between the
city and Pro -Contracting Company was primarily over construction of the roof relative to
rainwater leakage into the reservoir water.
BRAD WHITE stated that he feels a campaign flyer sent by Councilmember Sullivan relative to
the County Supervisor election is offensive. He distributed a copy of the campaign flyer to the
Mayor stating that he hoped it would not be repeated. He addressed Council regarding the
parking problem caused by the overflow of parking from the Golden West College swap meet.
Mr. White requested information as to whether the residents could have relief from the parking
regulations until the parking issue is resolved. He requested information as to whether he
should pay for his parking permit or wait. Mayor Dettloff stated that Mr, White and his neighbors
can contact her office and also attend meetings which are to be held on this matter. Director of
Public Works Beardsley spoke regarding how the private permit process will work.
Ill
Page 6 - Council/Agency Minutes — 10/19/98
MATT POSTIY addressed Council in opposition to what he stated is Councilmember Sullivan's
change of positions on the El Toro Airport issue and rent control for mobile homes.
JOHN PARTIS spoke in opposition to the campaign flyer sent to his house by Councilmember
Sullivan relative to the County Supervisor.
(CITY COUNCIL) APPROVED APPOINTMENT OF COUNCIL LIAISON TO THE SANTA ANA
RIVER CROSSING COOPERATIVE STUDY (SARCCS) POLICY ADVISORY COMMITTEE --
COUNCILMAN HARMAN
A motion was made by Green, second Sullivan, to designate Councilmember Harman as
Council liaison to the Santa Ana River Crossing Cooperative Study Policy Advisory Committee.
The motion carried unanimously.
(CITY COUNCIL) STATUS REPORT — MEET AND CONFER PROCESS BETWEEN CITY OF
HUNTINGTON BEACH AND MARINE SAFETY OFFICERS' ASSOCIATION -- SUMMARY
AGREEMENT (720.20)
The City Council considered a communication from the Deputy City Administrator/Administrative
Services Director transmitting a Summary Agreement — Marine Safety Officers' Association
dated October 16, 1998 setting forth terms of the agreement between the city and the Marine
Safety Officers' Association. Formal approval of this agreement will be scheduled for the
November 2, 1998 City Council meeting. Also included in the report is a summary of the status
of the meet and confer process with all city employee groups.
Councilmember Green commented on the status report. He inquired as to the status of
negotiations with the firefighters' association.
City Administrator Silver reported that at this time the Huntington Beach Firefighters' Association
and the city have not reached an agreement, and another meeting has not yet been scheduled
by the arbitrator.
Councilmember Green inquired as to whether the income from future projects including the
Huntington Center Mall redevelopment would be used for city staff and salaries as the subject of
income from new projects for this purpose had been discussed previously. City Administrator
Silver responded stating that the 10 major projects going through are being projected and that it
had been indicated to Council that in order to complement the multi -year employee association
agreements this estimated revenue would be necessary; that the projects have been projected
out to the year 2003. Councilmember Garofalo clarified what he believes are two sides to the
issue.
112
10119/98 - Council/Agency Minutes - Page 7
(CITY COUNCIL) CITY TREASURER AUGUST, 1998 INVESTMENT SUMMARY REVIEW
(310.20)
The City Council considered a communication from City Treasurer Freidenrich transmitting the
Monthly Investment Report for August, 1998.
Earlier in the meeting, the City Clerk had announced that the following communication on this
item had been provided to the City Council: City Treasurer's Slide Report dated 10/19/98.
City Treasurer Freidenrich presented a slide report.
A motion was made by Green, second Harman, following review of the report, to accept the
Monthly Investment Report for August, 1998, pursuant to Section 17.0 of the Investment Policy
of the City of Huntington Beach. The motion carried unanimously.
CONSENT CALENDAR — ITEMS APPROVED
On motion by Bauer, second Green, 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/Redevelopment Agency adjourned regular meeting of October 2,
1998 and correction on Page No. 6 of the minutes of the adjourned regular meeting of June 29,
1998 as written and on file in the Office of the City Clerk.
(CITY COUNCIL) APPROVED HISTORIC RESOURCES BOARD APPOINTMENTS AND
REAPPOINTMENT — PAULINE CHAVEZ-BENT, LINDA COUEY, WILLIAM DAZE", KARL
WIEBE, HENRY GOLDMAN (110.20) -Approved the appointments of Pauline Chavez -Bent;
Linda Couey; William Daze" and Karl Wiebe and the reappointment of Henry Goldman to the
Historic Resources Board. These terms will expire on June 30, 1998.
(CITY COUNCIL) APPROVED APPOINTMENT OF MEMBERS TO THE CITIZEN
PARTICIPATION ADVISORY BOARD — MORENO, THOMAS, GARCIA (110.20) —
1. Approved the appointments of Conrad Moreno, Diane Thomas, and Stephen Garcia to the
Citizen Participation Advisory Board for one term (four years) ending September 30, 2002; and
2. Approved the appointment of Charles Tyler to fill a partial term ending September 30, 1999;
and 3. Approved the terms of all current CPAB members to be adjusted according to the
Community Development Block Grant Program year, thus changing their respective terms from
June 30 ending dates to September 30 ending dates.
113
Page 8 - CouncillAgency Minutes—10119/98
(CITY COUNCIL) ADOPTED RESOLUTION NO. 98-79 — DISPOSITION OF RECORDS —
CITY CLERK'S OFFICE (170.50) — Adopted Resolution No. 98-79 — "A Resolution of the City
Council of the City of Huntington Beach Authorizing Destruction of Certain City Records. "
(Copies of claims filed against the city - See Exhibits A, B, & C for description of records.)
(CITY COUNCILIREDEVELOPMENT AGENCY) ADOPTED RESOLUTION NO. 98-80 —
DISPOSITION OF RECORDS —CITY CLERK'S OFFICE (170.50) —Adopted Resolution
No. 98-80 — "A Resolution of the City Council of the City of Huntington Beach Authorizing
Destruction of Certain City Records." (Various City/Redevelopment Agency Agreements - See
Exhibit A for description of records.)
(CITY COUNCIL) ADOPTED RESOLUTION NO. 98-81 — REQUESTING CALTRANS
APPROVAL OF CLOSING MAIN STREET FOR DOWNTOWN HALLOWEEN ACTIVITIES
(960.20) — Adopted Resolution No. 98-81 — "A Resolution of the City Council of the City of
Huntington Beach Authorizing Street Closure for Halloween Activities in the Downtown Area and
Requesting Caltrans Approve the Closure of Main Street at Pacific Coast Highway. " (Closure of
Main Street from Pacific Coast Highway to Olive Avenue on 10/31/98 from 3:00 PM to
10:00 PM.)
(CITY COUNCIL) APPROVED A POSITION OPPOSING PROPOSITION 9 ON THE
NOVEMBER BALLOT —1998 ELECTRIC UTILITY PROPOSITION (120.70) —Approved a
position opposing Proposition 9, the 1998 Electric Utility Proposition.
(CITY COUNCIL) AUTHORIZED EXPENDITURES OF FUNDS FOR THE COUNTY OF
ORANGE SOILS LABORATORY — PN 17080 - ARTERIAL REHABILITATION OF
SEVENTEEN STREETS (320.45) — 1. Authorized the Director of Public Works to expend a
total of $144,000 which includes $120.000 for the preparation of soils reports and estimated
contingencies of $24,000; for Arterial Rehabilitation on 17 streets, PN 17080 and 2. Authorized
the Deputy City Administrator to appropriate $144,000 from the undesignated fund balance to
the project. (List of streets attached.)
(CITY COUNCIL) APPROVED PLANS & SPECIFICATIONS & AUTHORIZED
ADVERTISEMENT FOR BIDS FOR BUS STOP ACCESSIBILITY PROGRAM
IMPROVEMENTS — PHASE II — CC-1054 — APPROVED SAMPLE CONTRACT (600.70) —
1. Approved plans, specifications and authorized the Director of Public Works to solicit bids for
construction of the Bus Stop Accessibility Program Improvements, Phase II; CC-1054, and
2. Approved the attached sample contract subject to award of contract to the lowest
responsible/responsive bidder.
(CITY COUNCIL) ADOPTED RESOLUTION NO. 98-78 —APPROVES SIDE LETTER OF
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON
BEACH MUNICIPAL EMPLOYEES' ASSOCIATION (MEA) (720.20) —Adopted Resolution
No. 98-78 — "A Resolution of the City Council of the City of Huntington Beach Modifying the
M.O. U_ Between the City of Huntington Beach and the Huntington Beach Municipal Employees'
Association." (Resolve issues of classifications and salaries.)
114
10/19198 - Council/Agency Minutes - Page 9
(CITY COUNCIL) ADOPTED RESOLUTION NO. 98-82 — APPROVES ORANGE COUNTY
TRANSPORTATION AUTHORITY (OCTA) COMBINED TRANSPORTATION FUNDING
PROGRAM (CTFP) ELIGIBILITY AND AMENDS RESOLUTION NO. 98-45 TO INCLUDE
THREE ADDITIONAL TRANSPORTATION IMPROVEMENT PROJECTS (800.45) — Adopted
Resolution No. 98-82 —'A Resolution of the City Council of the City of Huntington Beach
Amending the Seven -Year Capital Improvement Program and Approving the Submittal of
Transportation Improvement Projects to the Orange County Transportation Authority for
Funding Under the Combined Transportation Program."
(CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT WITH INFO.SYS
BUSINESS SOLUTIONS FOR MAINTENANCE AND MODIFICATIONS FOR EXISTING
MAINFRAME APPLICATIONS (600.10) —Approved the Professional Services Contract
between Info.Sys. Business Solutions and the City of Huntington Beach, as prepared by the City
Attorney, for maintenance and modifications for existing mainframe applications (Attachment
No. 1) and authorized execution by the Mayor and City Clerk.
(CITY COUNCIL) APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
SUBGRANTEE SAMPLE AGREEMENT — APPROVED WAIVER OF USUAL INSURANCE
REQUIREMENTS (340.70) — 1. Approved and authorized the Mayor and City Clerk to execute
ten individual subgrantee agreements* based on the sample contract (as approved by the City
Attorney) between the city and each public service agency (Attachment No. 1) and 2. Waived
the usual insurance requirements from the subgrantee contracts. (In previous years, the
prevailing insurance requirements have not applied to the Subgrantee agencies.)
* (Adult Day Services, Boys & Girls Clubs/Fountain Valley (Financial Aid/Teen Program),
Community Services Program (CSP), Episcopal Service Alliance, Hotline of Southern California,
Interval House Crisis Shelter, Huntington Beach Community Clinic, Orange County Council on
Aging, Fair Housing of Orange County (within the 20% Admin Cap), Special Children's Connection
Preschool)
(CITY COUNCIL) APPROVED EXTENSION OF MEMORANDUM OF UNDERSTANDING
BETWEEN COUNTY OF ORANGE & CITY OF HUNTINGTON BEACH -- 800 MHZ PROJECT
AND APPROVED LEASE AGREEMENT BETWEEN THE CITY AND THE COUNTY OF
ORANGE FOR OPERATION OF 800 MHZ ANTENNA AT CIVIC CENTER (600.25) —
1. Approved the extension of the term of the Memorandum of Understanding between the City
of Huntington Beach and the County of Orange for the installation of an 800 MHz Project
through December 18, 1998. 2. Approved and authorized the Mayor and City Clerk to execute
a lease agreement between the City of Huntington Beach and the County of Orange for the
operation and maintenance of the 800 MHz facility at Huntington Beach Civic Center — Lease
Between the City of Huntington Beach and the County of Orange for Equipment Room Space in
Connection with the Countywide 800 MHz Communication System.
115
Page 10 - Council/Agency Minutes—10119/98
(CITY COUNCIL) APPROVED APPOINTMENTS TO THE ALLIED ARTS BOARD — CASEY,
DEWITT, ENG (110.20) -- Approved the appointments of Diana Casey, John DeWitt and
Eveline Eng to the Allied Arts Board. Their terms will expire on June 30, 2002.
(CITY COUNCIL) APPROVED TWO FEDERAL GRANTS AND STAFFING CHANGES IN
POLICE DEPARTMENT COMMUNICATIONS (340.70) —1. Accepted the federal grant and
increased the Table of Organizations by ten officers. Appropriated $225,000 from the General
Fund balance with one-half in salaries (E-AA-PD-333-10) and the remaining half distributed to
benefits in that program for these personal services costs and authorized salary and benefits
expenditures with grant reimbursement for a portion of these costs; and 2. Accepted the federal
grant and increased Communications Table of Organizations by six dispatchers. No additional
appropriations from the General Fund balance for personal services costs will be necessary in
the first year. Grant match for technology upgrades will be paid for by salary savings in this
program; and 3. Approved increasing the Table of Organization in Communications by two
permanent, %-time dispatcher positions and two temporary, part-time cadet positions. Costs
will be absorbed by other personal services savings in Communications.
(CITY COUNCIL) APPROVED PROCEEDING WITH PHASE I OF THE SOUTH BEACH
IMPROVEMENT MASTER PLAN — APPROVED PROPOSAL BY PURKISS ROSE-RSI FOR
PREPARATION OF PLANS & SPECIFICATIONS — APPROVED FUNDING METHOD &
AUTHORIZED STAFF TO PREPARE TAX EXEMPT CERTIFICATES OF PARTICIPATION
(440.30)
The City Council considered a communication from the Community Services Director, the
Deputy City Administrator/Administrative Services Director and the Public Works Director
regarding Phase I of the South Beach Improvement Master Plan which is the area
encompassing the municipal pier from First Street south to Beach Boulevard.
Community Services Director Hagan presented a staff report. He referred to a schematic
located on the Council Chamber wall which showed South Beach Phase I and Phase 11. In
response to Councilmember Garofalo, he reported that the oil spill revenue which was to be
used for this purpose was tied up in litigation, thus Pier Fund revenue was substituted; that
when the oil spill revenue comes in Council could designate it for this purpose and cut down the
debt service.
In response to Councilmember Sullivan, Deputy City Administrator/Administrative Services
Director Franz reported on the water funds which were borrowed to rebuild the municipal pier.
He stated that three percent interest was being paid back to the Water Fund. Discussion was
held between Council and the Deputy City Administrator/Administrative Services Director.
A motion was made by Bauer, second Garofalo, to approve the following recommended actions:
Authorize staff to proceed with Phase I of the South Beach Improvement Master Plan;
and
116
10/19198 - Council/Agency Minutes — Page 11
2. Approve the funding method presented herein, and authorize staff to prepare tax exempt
Certificates of Participation for City Council approval to fund the South Beach Improvement
Master Plan and repay the pier debt to the Water Fund;
and
3. Direct staff to prepare an agreement with Purkiss-Rose-RSI for City Council approval and
appropriate $450,068 from the Pier Fund for Purkiss Rose-RSI to prepare plans and
specifications, bid documents, and construction supervision for the Phase I South Beach
Improvement Master Plan.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
In response to Councilmember Garofalo, Deputy City Administrator/Administrative Services
Director Franz clarified that after South Beach —Phase I, the payback would go back into the
Pier Fund.
(CITY COUNCILIREDEVELOPMENT AGENCY) APPROVED AMENDED AND RESTATED MOBILE
HOME ACQUISITION AND RELOCATION AGREEMENT FOR DRIFTWOOD MOBILE HOME PARK --
AS AMENDED (600.30)
The City Council considered a communication from the Economic Development Director informing
Council that in order to proceed with redevelopment of the remainder of the Waterfront site, an
Amended and Restated Mobile Home Acquisition and Relocation Agreement has been prepared in
conformance with the Memorandum of Understanding approved by the Redevelopment Agency on
July 20, 1998.
Earlier in the meeting, the City Clerk had announced a communication from the Economic
Development Director dated October 19, 1998 titled Additional Language For Amended and
Restated Mobile Home Acquisition and Relocation Agreement and a slide report from the
Economic Development Department dated October 19, 1998 titled Driftwood Mobile Home Park
Amended and Restated Acquisition and Relocation Agreement (MARA).
City Administrator Silver reported. Economic Development Director Biggs presented a slide
report. He informed Council of the need to include in the proposed agreement additional
language in Section 9.6.
A motion was made by Green, second Harman, to approve (as amended) the following
recommended actions:
City Council Action:
1. The Amended And Restated Mobile Home Acquisition And Relocation Agreement By And
Among Redevelopment Agency Of The City Of Huntington Beach, Mayer Financial, LTD.,
Driftwood Beach Club Mobile Homeowners Association, Inc., And "Mobile Home Owners"
117
Page 12 - Council/Agency Minutes — 10/19/98
with minor revisions of a non -substantive nature approved by the City Administrator and
City Attorney and authorize its execution by the Mayor and City Clerk;
and
2. As amended by the inclusion of the following amended language to Section 9.6:
The waiver by any Party of any term, covenant, or condition in this Amended
Agreement shall not be deemed to be a waiver of any other term, covenant, or
condition nor as a subsequent waiver of the same term, covenant, or condition.
Agency's Executive Director shall have the authority on behalf of Agency to approve
(or disapprove) waivers of the provisions in Section 3 of this Amended Agreement
that one hundred percent (100%) of the Remaining Driftwood Mobile Home Owners
execute this Amended Agreement and the November 1, 1998 deadline for the Outside
Operative Date.
The motion carried by the following roll call vote:
AYES: Harman, Green, Dettloff, Bauer, Sullivan
NOES: None
ABSENT: (Julien and Garofalo out of room)
A motion was made by Green, second Sullivan, to approve (as amended) the following
recommended action:
Redevelopment Agency Action:
1. The Amended And Restated Mobile Home Acquisition And Relocation Agreement By And
Among Redevelopment Agency Of The City Of Huntington Beach, Mayer Financial, LTD.,
Driftwood Beach Club Mobile Homeowners Association, Inc., And "Mobile Home Owners"
with minor revisions of a non -substantive nature approved by the Executive Director and
Agency Counsel and authorize its execution by the Chairperson and Agency;
and
2. As amended by the inclusion of the following amended language to Section 9.6:
The waiver by any Party of any term, covenant, or condition in this Amended
Agreement shall not be deemed to be a waiver of any other term, covenant, or
condition nor as a subsequent waiver of the same term, covenant, or condition.
Agency's Executive Director shall have the authority on behalf of Agency to approve
(or disapprove) waivers of the provisions in Section 3 of this Amended Agreement
that one hundred percent (100%) of the Remaining Driftwood Mobile Home Owners
execute this Amended Agreement and the November 1, 1998 deadline for the Outside
Operative Date.
118
10/19/98 - Council/Agency Minutes - Page 13
The motion carried by the following roil call vote:
AYES: Harman, Green, Dettloff, Bauer, Sullivan
NOES: None
ABSENT: (Julien and Garofalo out of room)
(REDEVELOPMENT AGENCY) APPROVED EXTENSION OF EXCLUSIVE RIGHT TO NEGOTIATE
WITH CIM GROUP FOR REDEVELOPMENT OF DOWNTOWN BLOCKS 104/105 BOUNDED BY
MAIN STREETIBTH STREET/eH STREETIWALNUT AVENUE (600.30)
The City Council considered a communication from the Economic Development Director regarding
the need to extend the Exclusive Right to Negotiate Agreement between the Agency and CIM Group
relative to Block 1041105 for an additional 180 days.
Earlier in the meeting, the City Clerk had announced that the following communications on this
agenda item had been provided to the City Council:
Slide Report (not dated) from the Economic Development Department titled Extension of the
Exclusive Right to Negotiate with CIM Group
Communication from Timothy J. Stripe, Co -President, Grand Pacific Resorts, Inc. dated
October 17, 1998 regarding the CIM request for a six-month extension for their Exclusive
Negotiating Agreement for Blocks 104 and 105 with the Redevelopment Agency Of Huntington
Beach and Grand Pacific Resort, Inc.'s interest in pursuing a high -end hospitality timeshare
project on this site
Communication dated October 19, 1998 from Keith B. Bohr, Property Owner Representative for
property owners Gary Mulligan (117 Main Street), Mr. George Draper (121 Main Street) and
Mr. & Mrs. Ron Mase (123 Main Street) requesting the Redevelopment Agency deny the
recommended 180 day extension of the CIM Exclusive Right to Negotiate and a possible
recommended alternative Agency action should the Redevelopment Agency decide to approve
the project
Economic Development Director Biggs presented a slide report.
Councilmember Bauer listed the projects developed in the area which contrast with the
noneompletion of this property.
A motion was made by Bauer, second Green, to approve and authorize the following
recommended action:
1. The Chairman and Agency Clerk to execute the First Extension To Exclusive !Negotiation
Agreement Between The Redevelopment Agency Of The City Of Huntington Beach And
CIM Group, LLC For Development Within The Huntington Beach Redevelopment Project
(Blocks 104 And 105) with the requirement that the staff be directed to move ahead with all
the requirements that need to be met to institute eminent domain.
119
Page 14 - Council/Agency Minutes—10/19198
Councilmember Garofalo stated that pending information from the City Attorney, he would
abstain from voting on this motion.
The motion made by Bauer, second Green, carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan
NOES: None
ABSENT: (Garofalo abstained)
(CITY COUNCIL) APPROVED REQUEST FOR PERMISSION TO BE ABSENT FROM
NOVEMBER 2, 1998 CITY COUNCIL MEETING — COUNCILMEMBER JULIEN (120.40)
The City Council considered a communication from Councilmember Julien requesting
permission to be absent from the City Council meeting of November 2, 1998.
A motion was made by Green, second Bauer, to approve the request from Councilmember
Julien to be absent from the City Council meeting of November 2, 1998. The motion carried
unanimously.
(CITY COUNCIL) STAFF TO REVIEW MODIFICATION TO ZONING & SUBDIVISION
ORDINANCE TO ALLOW MASSAGE ESTABLISHMENTS/DAY SPAS IN COMMERCIALLY
ZONED DISTRICTS (120,10)
The City Council considered a communication from Councilmember Julien requesting that
Council consider a modification to the Zoning and Subdivision Ordinance to permit massage
establishments such as hotel spas or day spas within commercial zoning districts.
A motion was made by Julien, second Green, to direct staff to review the Sex Oriented Business
Ordinance and all other applicable regulations and propose amendments to our regulations so
that legitimate massage establishments or day spas may exist in our commercial areas. The
motion carried by the following roll call vote:
AYES: Julien, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: Harman
ABSENT: None
(CITY COUNCIL) ANNOUNCEMENT OF APPOINTMENT OF CINDY MORGAN TO FINANCE
BOARD TO FILL VACANCY CREATED BY RESIGNATION OF ANJI CLEMMONS (110.20)
A communication from Councilmember Tom Harman announcing his appointment of Cindy
Morgan to the Finance Board to fill the vacancy created by the resignation of Angi Clemmons
had been provided to Council in the Council packet.
Councilmember Harman announced his appointment of Cindy Morgan to the Finance Board.
120
Page 16 - Council/Agency Minutes—10119/98
ADJOURNMENT — CITY COUNCILIREDEVELOPM ENT AGENCY
Mayor Dettloff adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach at 8:30 p.m. to Monday, November 2, 1998 at 5:00 p.m.
in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. The motion carried
unanimously.
ATTEST:
City Clerk/Clerk
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
ay rI rman
121