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HomeMy WebLinkAbout1998-11-16MINUTES 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, November 16, 1998 A video tape recording of the 7:00 p.m. portion of this meeting is 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 COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan Absent: Garofalo PUBLIC COMMENTS REGARDING CLOSED SESSION AGENDA ITEMS There were no persons present to address Council regarding the closed session items scheduled on the agenda. MOTION TO NOT RECESS TO CLOSED SESSION RE: YEAR 2000 LEGAL AUDIT — APPROVED (120.80) A motion was made by Harman, second Bauer, that Council not consider the following item in closed session: Subject: Arter & Hadden Contract Regarding Year 2000 Legal Audit. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES, None ABSENT: Garofalo 133 Page 2 - Council/Agency Minutes—11116198 MOTION TO RECESS TO CLOSED SESSION — APPROVED (120.80) On motion by Harman, second Bauer, the City Council recessed to closed session to consider the following items. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT. Garofalo Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the agency's negotiator Ray Silver, David Biggs and Melanie Fallon, regarding negotiations with John Genovese and Lori Gato concerning the PURCHASE/SALE/LEASE located at 7777 Edinger Avenue (Huntington Center). Instructions will concern both price and terms of payment. (520.80) 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. State Board of Control; Board of Administration of the Public Employees' Retirement System, Orange County Superior Court Case No. 779952, plus related cross -action in which the city, Mayor and City Council and Ray Silver, City Administrator, are parties; consolidated with Orange County Superior Court Case No. 794230 filed by the Huntington Beach Police Officers' Association in which the City of Huntington Beach, Mayor and City Council and Ray Silver, City Administrator, are parties. (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 PLC, Inc. v. City of Huntington Beach, in re: Arbitration of the Holly-Seacliff Development Agreement. Subject: PLC, Inc. v. City of Huntington Beach, Arbitration of the Holly-Seacliff Development Agreement. (120.80) 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: MSOA, MEA, HBFA, and SCLEA. (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. The City Attorney reported that there were no actions taken by the City Council or Redevelopment Agency in Closed Session that require a reporting on those actions as required by law (Government Code Section 54957.1(a)(3)(13)). 134 11/16/98 -- Council/Agency Minutes — Page 3 CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and the Pledge of Allegiance were presented by Cub Scout Pack 506, 4'h grade Webelos, Harbour View School. Co -leaders, Teri Simonas and Geri Heidlebrect. INVOCATION Bruce Templeton, First Christian Church, Huntington Beach, gave the invocation. PRESENTATION — By Mayor Shirley Dettloff and the City Council to members of the City Council appointed boards, commissions and committees in recognition of their contribution to the City of Huntington Beach. The chairpersons of the following boards, commissions and committees were present to receive city lapel pins: 41" of July Board, Allied Arts Board, Board of Appeals, Children's Needs Task Force, Community Service Commission, CPAB, Environmental Board, Finance Board, Historic Resources Board, Human Relations Task Force, Infrastructure Advisory Board, Investment Advisory Board, Library Board, Mobile Home Review Board, Personnel Commission, Planning Commission, Public Works Commission and the Youth Board. PRESENTATION — By Mayor Shirley Dettloff and the City Council to City Treasurer Shari Freidenrich, Pat Lovelace, Senior Deputy City Treasurer and the Investment Advisory Board members, presentation of a plaque from the Municipal Treasurers' Association for "Certification of Investment Policy." Less than 10% of the cities and agencies in California have received the award. Investment Advisory Board members in attendance were Bob Turicchi, Chair, Bill Bernard, Jon Ely, Warren Hall, Rick Ganulin, Bob Glass. Member Bob Winchell was unable to attend. PRESENTATION — By Mayor Shirley Dettloff and the City Council to employee John Von Holle, Engineering Technician, Public Works Department - a check in the amount of $1,362 for his suggestion Replace Pump -out Station - a suggestion that the Community Services Department file for available grant money to fund a project to replace a pump -out and sewer lines. The grant was approved and the city received a check in the amount of $13,619 to pay for the work. PRESENTATION — By Mayor Shirley Dettloff and the City Council to Human Relations Task Force, Charles Thomas, Chair, Days of Dialogue, a proclamation proclaiming the week of November 15'" to November 215' as Huntington Beach Days of Dialogue. PRESENTATION — By Mayor Shirley Dettloff and the City Council to Library Department Circulation Supervisor Jose Aranda, Library Services, a check in the amount of $527 for his suggestion Purchasing Library Dance Floor- a suggestion that the Library Department purchase a dance floor and rent it for use during festive occasions held at the Central Library & Cultural Center. In the first year the Library generated $5,720 revenue. 135 Page 4 - CouncillAgency Minutes—11116198 PRESENTATION — Mayor Dettloff presented the Mayor's Award to Officer Ed Duel and Officer John Cottriel in recognition of their work in developing innovative police officer training programs such as the Emergency Vehicles Operation Coarse and the Pursuit Intervention Technique. Police Chief Lowenberg spoke regarding these programs and commended Officers Duel and Cottriel. PRESENTATION — Mayor Dettloff presented the Mayor's Award for the month of November, 1998 to Economic Development Director Biggs in recognition of his on -going efforts on programs which will improve the economy of the City of Huntington Beach. ANNOUNCEMENT OF FEDERAL GRANT RECEIVED BY THE CITY OF HUNTINGTON BEACH FOR CLEANUP OF WATERFRONT HILTON SITE Mayor Dettloff announced the receipt of a $2,000,000 federal grant to assist the city in cleaning the Waterfront Hilton site. She stated that because of this grant, funds would now be available for use in other areas of the city. Carol Runzel, Assistant Project Manager, Economic Development Department, was instrumental in the city receiving this grant. Ms. Runzel identified the grant, brought it to the attention of the Economic Development Department, and presented her recommendation that she believed the city should apply for the grant. Ms. Runzel was commended by the City Council for her efforts. PUBLIC COMMENTS VIRGINIA SIMS complimented Mayor Dettloff on her leadership of the city. Ms. Sims stated that she had been requested not to appear at the City Council meeting to speak as a settlement with the Firefighters' Association was to be reached, however, she decided to come to the meeting. Ms. Sims spoke in support of a salary increase for the firefighters and paramedics. She informed Council that firefighters and paramedics are never on strike as are persons in other occupations. DONNA KLEIN invited the City Councilmembers and the community to attend the forthcoming pier lightning event. She stated that Santa Claus and Mrs. Santa Claus will be present to have pictures taken with the children. RAYMOND GOULETTE referred to an article on the outcome of the Morse Circle residence code violations case. He stated reasons for his disagreement with the recommendation of the City Attorney's Office which the newspaper reported as recommending that the violator receive probation and periodic residence inspections rather than a jail sentence. DONALD BOLAND, firefighter, apologized to Mrs. Sims, He stated he had asked her and 15 other members of the Firefighters' Association not to speak tonight on the firefighters' salary issue as it was desired at the time to devote their public comments to informing the Council of the Orange County Fire Services Overachievers Award. He stated that the judges who recommended the award were people from all walks of the community. Mr. Boland read portions of the award certificate to the Council. He informed the Counci[ of some of the community organizations with which the Fire Association work including the Orangewood Home, food deliveries to needy persons, and donation of equipment to Mexico. He stated that in December the firefighters would be earning less than they earned in 1992. 136 11/16/98 — Council/Agency Minutes — Page 5 CATHY SIENKANIEC spoke regarding the SCATS gymnastics activities in Huntington Beach. She stated that the organization provides at risk scholarships. She informed Council she was present to speak regarding the $15,000 grant for which SCATS had applied last year and had not received information as to the status of their application. She requested consideration this year. HOWARD SUBNICK spoke regarding the overtime that needed to be filled during past months which made the salary of a firefighter reflect $60,000 per year. MICHAEL KEANE congratulated Councilmembers on their victories. He spoke regarding Councilmember Sullivan's campaign for supervisor and stated his opposition to his negative campaign flyers. He congratulated the City Attorney on her reelection and stated that he believed Councilmember Harman was rude to her at the last meeting. He spoke in support of a salary increase for firefighters' salaries. Mr. Keane stated that he hoped Council would give serious consideration to the Planning Commission's decision on the Wal-Mart site. L. J. EDGCOMB addressed Council regarding the agenda item pertaining to the Affordable Housing Covenant for the Promenade and Cape Ann Projects in the Holly-Seacliff Development. He stated the importance of the subordination clause their company is requesting. MARK BUCKLAND spoke regarding the low foreclosure rate he foresees for the projects (Cape Ann and Promenade) and requested Council approval of the agenda item regarding the affordable housing covenant for these projects. CHARLES REWCE spoke regarding what he believes to be the history of the procedure by which a house was allowed to be built at a height not allowed by city code. Mr. Reince spoke regarding the repercussions from this incident which resulted in the recent Court of Appeals decision. MARLENE DUPRAS spoke regarding the four units built by the Westminster School District near her property in the vicinity of Schroeder Elementary School. She spoke regarding the noise caused by the air conditioning and heating units. Ms. Dupras stated that the City Attorney's Office is now handling this matter and requested that Council monitor the situation. KEVIN DUPRAS reiterated his wife's concerns regarding the noise emanating from the four units built by the Westminster School District at the Schroeder Elementary School. He requested that Council read the communication which he had presented to the Sergeant -at - Arms. (The Sergeant -at -Arms provided this communication to the City Clerk.) The communication was from Kevin and Marlene Dupras dated October 30, 1998 written to Anthony Duarte, Code Enforcement Officer, Department of Community Development, titled Norse Violations at Schroeder Elementary School. MARTIN RICHELLI spoke regarding an amendment that he would like made to the election process whereby the runner-up candidate is appointed to the Council if a vacancy is created by a current member gaining office in another agency, e.g., the Board of Supervisors. 137 Page 6 - Council/Agency Minutes—11/16198 CONNIE BOARDMAN informed Council of what she believes to be the reasons for the error in the figures relating to funds that the city has projected to be received from the proposed Huntington Beach Wal-Mart. She also stated that the consultant did not factor in that some of the sales tax will be a transfer of revenue from K-Mart, Marshall's, etc. Ms. Boardman stated that a revenue figure of $200,000 is not enough to overcome the effects brought to the community by the Wal-Mart project, including traffic, noise and light pollution, loss of 9.8 acres of open space where there is already a shortage of parks, and destruction of the quality of life to the neighborhood. CITY CLERK ANNOUNCED LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following late communications regarding Agenda Items which had been received following distribution of the agenda: Communication dated November 13, 1998 received from Jim Martin in opposition to residential zoning and recommending that the Visitor -Serving Commercial Zoning be retained. Attached to said communication is a copy of Page 1 of a petition listing residents in support of a gasoline station/convenience store. Slide report from the Planning Department titled General Plan Amendment No. 98-Z Zoning Text Amendment No. 98-2, Zoning Map Amendment No. 98-2, Local Coastal Program Amendment No. 98-1, Negative Declaration No. 98-1 Slide report from the Planning Department titled Affordable Housing Covenant for Promenade and Cape Ann Projects Slide report from the Public Works Department dated November 16, 1998 titled Beach Boulevard, Median Landscape Plan Design Funding A communication from Bill McGrath, Huntington Beach Auto Dealers Association President, dated November 16, 1998 in support of the item pertaining to Landscape Design Plans for Beach Boulevard Medians Revised Agenda Page #10 adding a proposed agreement between the city and the law firm of Arter & Hadden A communication from Melanie Fallon, Assistant City Administrator, requesting removal of H-1 from the Agenda — (Revisions to Massage Ordinance) (CITY COUNCIL) CITY ADMINISTRATOR ANNOUNCED AGENDA ITEMS THAT ARE TO BE REMOVED FROM THE AGENDA City Administrator Ray Silver recommended that the following items be removed from this City Council Agenda: (City Council) General Guidelines And Priorities For the 1999/2000 Action Plan, Consolidated Plan And Reserve CDBG Funds For City Programs 138 11/16/98 — Council/Agency Minutes — Page 7 (City Council) Agreement Between Arter & Hadden Company & City Regarding Year 2000 Legal Audit The City Councilmembers concurred with the removal of these items from the Council agenda. (CITY COUNCILIREDEVELOPMENT AGENCY) COUNCIL COMMIITTEEICOUNCIL LIAISON REPORTS There were no City Council Committee or Council Liaison reports. (CITY COUNCILIREDEVELOPMENT AGENCY) CITY ADMINISTRATOR'S REPORT City Administrator Silver dial not have a report. (CITY COUNCIL) PUBLIC HEARING — APPROVED GENERAL PLAN AMENDMENT NO. 98-2/ZONING TEXT AMENDMENT NO. 98-21ZONING MAP AMENDMENT NO. 98-VLOCAL COASTAL PROGRAM AMENDMENT NO. 98-1/NEGATIVE DECLARATION NO.98-1 (PACIFIC COAST HIGHWAY LOT REDESIGNATIONS) - ADOPTED RESOLUTION 98-86 - APPROVED INTRODUCTION OF ORDINANCE 3407 - ADOPTED RESOLUTION 98-37 (440.50) Mayor Dettloff announced that this was the meeting set for a public hearing to consider the following: Applicant: City of Huntington Beach Requests: GPA: Change the General Plan designation from Visitor Serving Commercial to Residential High Density. Zoning Text Amendment/Zoning Map Amendment: Amend the zoning from Downtown Specific Plan, District 1 (Visitor Serving Commercial) to Downtown Specific Plan, District 2 (Residential). Local Coastal Program Amendment: Change Coastal Element to reflect the General Plan and Zoning Land Use designations which is subject to California Coastal Commission approval. Location: One (1) half -block (9 lots total) which is approximately 0.81 acres on the north side of Pacific Coast Highway, between 22"d and Golden West Streets. Environmental Status: Negative Declaration No. 98-1 will also be considered by the City Council. Notice is hereby given that an initial environmental assessment for the above item was processed and completed in accordance with the California Environmental Quality Act. It was determined that the above item with mitigation, would not have any significant environmental effects and that a mitigated negative declaration is warranted. These environmental assessments are on file at the City of Huntington Beach Planning Department, 2000 Main Street, and are available for public inspection and comment by contacting the Planning Department. 139 Page 8 - Council/Agency Minutes—11116198 Coastal Commission Status: The above item is located in the appealable jurisdiction of the Coastal Zone and includes Local Coastal Program Amendment No. 98-1 in conjunction with the above request. The Local Coastal Program Amendment will be forwarded to the California Coastal Commission if approved by the City Council. The City Clerk announced that publication, posting, and mailing as provided by staff had been completed. Earlier in the meeting, City Clerk Brockway had announced that the following late communications had been provided to the City Council relating to this agenda item: Communication dated November 13, 1998 received from Jim Martin in opposition to residential zoning and recommending that the Visitor -Serving Commercial Zoning be retained. Attached to said communication is a copy of Page 1 of a petition listing residents in support of a gasoline station/convenience store. Slide report from the Planning Department titled General Plan Amendment No. 98-2, Zoning Text Amendment No. 98-Z Zoning Map Amendment No. 98-R, Local Coastal Program Amendment No. 98-1, Negative Declaration No. 98-1. SIDNEY SPINAK representing homeowners in the area of 21" Street, addressed Council regarding his attendance at the recent Planning Commission meeting. He stated his concern that high density does not discriminate between single-family dwellings and a condominium complex; also that the only ingress and egress would be on 22nd Street. He objected to the Environmental Impact Report which stated that there would be no impact from traffic emanating from a condominium project. ROBERT CORONA, developer, stated that he has no intention of building a condominium project on this property. He stated he is going to build nine single-family residential units. He stated that he believes that there are sufficient service stations in the area. Mr. Corona stated his opposition to the wording on Mr. Martin's petition which had been announced earlier in the meeting by the City Clerk under the announcement of Late Communications. DICK KELTER stated that he favored the proposed project and wished to show his support for residential development. He stated that he was a property owner on 181h Street, and when the project in that area comes before the Council he would support residential for that area. DAVE MACLEOD stated his interest has always been to put residential on the site; that commercial development does not serve the needs of the residents as it brings out higher density of traffic, and the surrounding area has remained residential. JIM MARTIN stated that no one seems to want commercial development in their backyard but that the city needs commercial development to generate revenue. He spoke in opposition to the proposed zoning. There being no one present to speak further on the matter and there be no further objections, either oral or written, the hearing was closed by the Mayor. A motion was made by Garofalo, second Julien, to approve the following actions: 140 11/16198 — Council/Agency Minutes — Page 9 1. Uphold the Planning Commission's action and approve Negative Declaration No. 98-1 with findings and mitigation measures as set forth in Attachment No. 4 to the Request For Council Action dated November 16, 1998 as follows: Findings For Approval For Negative Declaration No. 98-1 1. The Negative Declaration No. 98-1 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of thirty (30) days. Comments received during the comment period have been addressed. 2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. Mitigation measures address potential impacts in the areas of water, transportation/circulation, hazards, noise, and public services. *3. *There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated through the mitigation measures for General Plan Amendment No. 98-2, Zoning Text Amendment 98-2, Zoning Map amendment No. 98 0 and Local Coastal plan Amendment No. 98-1, will have a significant effect on the environment. *This original sentence was incomplete in the staff report presented to Council on November 16, 1998. This sentence has been completed and added to the minutes. Recommended Mitigation Measures 1. The applicant is required to develop and implement a long-term post -construction Water Quality Management Plan describing the installation and maintenance of appropriate structural facilities and conduct of routine non-structural Best Management Practices (BMPs) consistent with Drainage Area Management Plan (DAMP) New Development Appendix G. 2. Prior to issuance of precise grading or building permits, whichever comes first, for each development project, the applicant shall submit and obtain approval from Manager, Subdivision, and Grading of a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on -site to control predictable pollutant runoff. This WQMP shall identify, at a minimum, the routine, structural and non-structural measures specified in the countywide NPDES Drainage Area Management Plan (DAMP) Appendix which details implementation of BMPs whenever they are applicable to a project, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.) and shall reference the location(s) of structural BMPs. 3. All parking shall either be located entirely on -site or shall comply with the parking and access requirements of the Huntington Beach Zoning and Subdivision Ordinance Code and Downtown Specific Plan, whichever is more restrictive. 141 Page 10 - Council/Agency Minutes—11/16/98 4. Future construction shall be required to comply with the City of Huntington Beach Fire Department specifications. 5. Future construction shall be required to include noise mitigation measures such as double paned windows and insulation, to comply with the noise standards of the City of Huntington Beach Municipal Code. 6. Any proposed development on the sites shall be required to comply with General Plan Policy PF 4.2.2. and LU 2.1.7, requiring appropriate mitigation of potential school impacts. and 2. Uphold the Planning Commission's action and approve General Plan Amendment No. 98-2 by adopting Resolution No. 98-86 (Attachment No. 1) — "A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 98-2 and Negative Declaration No. 98-1 and 3. Uphold the Planning Commission's action and approve Zoning Text Amendment No. 98-2 and Zoning Map Amendment No. 98-2 with findings as set forth in Attachment No. 4 and following a reading by title by the City Clerk, approve introduction of Ordinance No. 3407 (Attachment No. 2) —'An Ordinance of the City of Huntington Beach Amending the Downtown Specific Plan to Redesignate Certain Real Property From Specific Plan District 1 (Visitor Serving Commercial) to Downtown Specific Plan District 2 (Residential) (Zoning Text Amendment No. 98-2 and Zoning Map Amendment No. 98-$)" Findings For Zoning Text Amendment 98-21Zoning Map Amendment 981 Zoning Text Amendment No. 98-2 and Zoning Map Amendment No. 98-2 to change the zoning on three half -blocks totaling 2.59 net acres from Downtown Specific Plan District 1 (Visitor -Serving Commercial) to Downtown Specific Plan District 2 (Residential) is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The proposed changes are consistent with General Plan Amendment No. 98-2, which is being processed concurrently. The land uses in the surrounding area are consistent with the proposed change in zoning and at the time of development there will be appropriate infrastructure and services available to support residential development. 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The changes proposed would be compatible with uses in the vicinity which is residential and open space. 3. A community need is demonstrated for the change proposed. The changes would expand the opportunities for housing and address the needs of a growing population. 142 11116198 -- Council/Agency Minutes —Page 11 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning text amendment and zoning map amendment will provide more opportunities for residents to live in close proximity to services and amenities while being consistent with the surrounding neighborhood. 4. Approve Local Coastal Program Amendment No. 98-1 by adopting Resolution No. 98-37 (Attachment No. 3) with findings (Attachment No. 4) - "A Resolution of the City Council of the City of Huntington Beach Adopting Local Coastal Program Amendment 98-1 (Consisting of Zoning Text Amendment No. 98-2 and Zoning Map Amendment No. 98-2) and Requesting Its Certification by the California Coastal Commission. and 5. Further direct that a covenant restricting this property to single-family residential development be enacted. Senior Planner Broeren responded to Councilmember Harman's questions regarding the entry node monument or signage. The motion made by Garofalo, second Julien, carried by the following roll call vote. AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) REPORT BY CITY ATTORNEY REGARDING MATTERS RELATING TO THE MORSE CIRCLE RESIDENCE In response to Councilmember Harman and Councilmember Sullivan, the City Attorney reported on matters relating to the sentencing which the Morse Circle resident may receive for conviction of code violations. CONSENT CALENDAR — ITEMS APPROVED On motion by Harman, 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) APPROVED TRANSFER OF AQMD PERMIT PROCESSING FUNDS TO THE GENERAL FUND TELECOMMUNICATIONS INTERNET ACCESS ACCOUNT FOR INTERNET ACCESS (320.45) — Approved the transfer of $12,000 from Air Quality Management District (AQMD) Permit Processing Fund (E-AQ-PW-320-390-00) to General Fund Account (E-AA-ND-312-385-00) for the purpose of accommodating Permit Processing on the Internet through the city's Internet Service Provider. 143 Page 12 - CounciliAgency Minutes—111116198 (CITY COUNCIL) APPROVED PLANS AND SPECIFICATIONS FOR THE MARINA HIGH SCHOOL SIDEWALK PROJECT — CC-1094 — AUTHORIZE ADVERTISEMENT FOR BIDS — (ALONG SPRINGDALE STREET FROM MCFADDEN AVENUE TO EDINGER AVENUE ADJACENT TO MARINA HIGH SCHOOL) (600.70) — 1. Approved the project plans and specifications and authorize the Director of Public works to solicit bids for the construction of the Marina High School Sidewalk Project and 2. Approved the attached sample contract, subject to award of the contract to the lowest responsivelresponsible bidder. (CITY COUNCIL) APPROVED APPOINTMENT OF COMMUNITY SERVICES COMMISSIONER — TRISH CANNADY TO SERVE AS COMMISSIONER REPRESENTATIVE FROM THE WESTMINSTER SCHOOL DISTRICT (110.20) — Approved the recommendation of City Council Liaisons Dave Garofalo and Dave Sullivan for the appointment of Ms. Trish Cannady to represent the Westminster School District on the Community Services Commission as requested by Dr. Barbara DeHart, Superintendent, Westminster School District. (Fills unexpired term of Aileen Manley, 7/1/96 to 6/30/00) (CITY COUNCIL) APPROVED A CHANGE ORDER TO THE AMELCO CONSTRUCTION CONTRACT FOR MECHANICAL EQUIPMENT MODIFICATIONS AT PECK RESERVOIR PUMP STATION — (CC-696) (600.80) -1. Approved an increase of the project budget of $32,000, This included $29,942 to cover the costs of Change Order No. 1 and $2,058 in additional contingency funds, and 2. Approved Change Order No. 1, Amelco Construction, for the construction of mechanical equipment sound mitigation at the Peck Reservoir Pump Station. (CITY COUNCIL) ACCEPTED BID FROM SANCON ENGINEERING 11, INC. FOR OLD TOWN SEWER PROJECT — CC-1096 — AUTHORIZED EXECUTION OF CONTRACT (600.60) — 1. Accepted the bid submitted by Sancon Engineering 11, Inc., 5841 Edinger Drive, Huntington Beach, CA 92649; and 2. Authorized the Mayor and City Clerk to execute the contract for the Old Town Sewer Project for a total bid amount of $125,960; and 3. Authorized the Director of Public Works to expend $142,556 to cover contract cost of $125,960, estimated construction change orders of $12,596, and anticipated supplemental expenses of $4,000. (CITY COUNCIL) APPROVED COUNTY SEWER REHABILITATION GRANT PROGRAM APPLICATION COOPERATIVE PROJECTS PROGRAM (CPP) — APPROVED SAMPLE AGREEMENT BETWEEN CITY & ORANGE COUNTY SANITATION DISTRICT — (BROOKHURSTIEFFINGHAM & "A" STATIONIPCH) APPROVED APPROPRIATION OF FUNDS (600.25) —1. Appropriated $900,000 from the city's unappropriated General Fund reserves to serve as the reimbursable portion of a $1,800,000 downtown sewer rehabilitation project. The city's 50% matching share or $900,000 would be from the $1,000,000 budgeted for downtown sewer rehabilitation in the Fiscal Year 1998-99 budget per Resolution No. 98-73; and 2. Authorized staff to use $650,000 of the Capital Sewer Fund to serve as the reimbursable portion of the $1,300,000 sewer lift station project. The city's 50% matching share, or $650,000, would be from the Fiscal Year 1998-99 budget per Resolution No. 98-73; and 3. Approved the attached sample agreement and authorized the Mayor and City Clerk to execute an agreement in substantially the same form between the DISTRICT and the City after it has been reviewed and approved as to form by the City Attorney. (CITY COUNCIL) APPROVAL OF CONTRACT FOR PROFESSIONAL CONSULTING SERVICES FOR UPGRADING OF WATER OPERATIONS SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEMS — WESTIN ENGINEERING, INC. — APPROVED MODIFICATION TO INSURANCE REQUIREMENTS (600.10) —1. Approved the selection of Westin Engineering, Inc., Tustin, for the planning, design and installation oversight services for the 144 11/16198 — CouncillAgency Minutes — Page 13 upgrade of the Water Division's existing SCADA system; and 2. Approved and authorized execution of the attached contract between the city and Westin Engineering, Inc. - Professional Services Contract Between The City Of Huntington Beach And Westin Engineering, Inc. To Prepare A SCADA System Master Plan For Upgrading City's System For Water Operations (CC-1092). Subject to the West Orange County Water Board approving the selection of Westin Engineering, Inc. and the expenditure of budgeted funds for their share of the project costs; and 3. Approved the Settlement Committee recommendation to modify the Indemnification and Hold Harmless paragraph of the attached agreement with Westin. (CITY COUNCIL) APPROVED TO REJECT BIDS AND REQUEST PERMISSION TO RE - ADVERTISE THE GOLDENWEST STREET STORM DRAIN — CC-1042 — APPROVED AUTHORIZING DMC ENGINEERING PROPOSAL AND AUTHORIZED THE PUBLIC WORKS DIRECTOR TO RE -ADVERTISE FOR BIDS IN SPRING, 1999 (600.10) —1. Rejected the five bids submitted for the construction of the Goldenwest Street Storm Drain and directed the City Treasurer to return all bid bonds; and 2. Approved using DMC Engineering to make the required modifications to the improvement plans and the contract document so that the Goldenwest Street Storm Drain Project can proceed on its current schedule; and 3. Authorized the Director of Public Works to expend up to $6,000 to cover the cost of DMC Engineering proposal and 4. Authorized the Director of Public Works to re -advertise in spring, 1999, for bids with a refined bid package for the construction of the project. (CITY COUNCIL) APPROVED THE USE OF BUDGETED CONTRACT SERVICES FUNDS USING EXISTING CONTRACTS WITH SCOTT, FAZEKOS & ASSOCIATES, INC. TO PERFORM PLAN REVIEW AND STAFFING SERVICES (600.10) W- Approved and authorized the use of budgeted contract funds in Program CD-234-390 to provide both professional plan review and staffing services using existing contracts with SFA, Inc. (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT WITH JR CONSULTING ENGINEERS FOR CONTINUING INTERIM TRAFFIC ENGINEER SERVICES — (TOM BRONARD) (600.10) - Approved and authorized the Mayor and City Clerk to execute the agreement between the City of Huntington Beach and JR Consulting Engineers for Interim City Traffic Engineer Services - Professional Services Contract Between The City Of Huntington Beach And JR Consulting Engineers, LTD For Interim City Traffic Engineer Services. (CITY COUNCIL) ADOPTED RESOLUTION NO.98-85 WHICH ADOPTS LOCAL COASTAL PROGRAM AMENDMENT NO. 98-2 — (ZONING TEXTS & MAP AMENDMENTS) (420.85) — Approved Local Coastal Program Amendment No. 98-2 by Adopting Resolution No. 98-85 — "A Resolution Of The City Council Of The City of Huntington Beach Adopting Local Coastal Program Amendment No. 98-2 And Requesting its Certification By The California Coastal Commission" and forward to the California Coastal Commission for certification. (CA 93-5, Carts and Kiosks; ZTA 95- 1, Residential In -Fill; ZTA 95-2, Adult Business; ZTA 95-3, Floodplain; ZTA 95-6, Sign Code; ZTA 97-4, Sex Oriented Business; ZTA 97-3 ,General Day Care; ZC 94-1, Island Bay; ZC 94-4, Gill School Site; ZC 96-4, Home Depot; ZMA 94-5, Greystone Homes; ZMA 94-6, Q Zoning/Warner; ZMA 96-2, McDonalds/Warner; ZMA 97-2, Christ Presbyterian; ZMA 97-3, Adult Day Care/Bushard Street and Urgency Ordinance, Adult Business) (CITY COUNCIL) APPROVED RENAMING THE GRAHAM STREET BRANCH LIBRARY TO THE HELEN MURPHY BRANCH LIBRARY IN MEMORY OF RECENTLY DECEASED GRAHAM STREET LIBRARY BRANCH MANAGER (950.10) —Authorized staff to proceed with the naming of the Graham Street Branch Library to the Helen Murphy Branch Library in memory of the recently deceased Graham branch manager, Helen Murphy. 145 Page 14 - Council/Agency Minutes—11/16/98 (CITY COUNCIL) REVISED THE AFFORDABLE HOUSING COVENANT FOR THE PROMENADE AND CAPE ANN PROJECTS IN HOLLY-SEACLIFF (DECLARATION OF CONDITIONS, COVENANTS & RESTRICTIONS FOR PROPERTY — RESALE RESTRICTIONS) — REQUESTED BY THE OLSON COMPANY & JOHN LAING HOMES (600.10) — Directed staff to revise the Affordable Housing Covenant for the Promenade and Cape Ann projects to include a subordination clause and provisions for an escrow account and a zero -balance second deed of trust and present it at a future City Council meeting for review and approval. (CITY COUNCIL) APPROVED SCHEDULE OF LEASED PROPERTY & MEMORANDUM OF LEASE BETWEEN CITY OF HUNTINGTON BEACH AND LOS ANGELES SMSA LIMITED PARTNERSHIP (DBA `°AIRTOUCH CELLULAR") FOR INSTALLATION OF TELECOMMUNICATIONS FACILITIES ON PUBLIC PROPERTY — DOWNTOWN PARKING STRUCTURE (600.10) —1. Approved the Schedule of Leased Property and the Memorandum of Lease with SMSA (AirTouch Cellular) for telecommunications facilities at the city downtown parking structure, 200 Main Street, as presented in the attached documents. 2. Delegated authority to the Fire Chief and City Clerk to execute these agreements and any other documents necessary to implement the Schedule of Leased Property and the Memorandum of Lease for City Downtown Parking Structure, 200 Main Street, upon City Attorney approval as to form of said agreements or documents and upon execution by AirTouch. (CITY COUNCIL) APPROVED FUNDS TO PREPARE LANDSCAPE DESIGN PLANS FOR BEACH BOULEVARD MEDIANS AS REQUESTED BY THE HUNTINGTON BEACH AUTO DEALERS ASSOCIATION (320.45) The City Council considered a communication from the Director of Public Works regarding the request from the Huntington Beach Auto Dealers Association that the city appropriate funds to prepare construction plans, specifications and cost estimate for the eventual landscape improvements of the remaining unlandscaped medians on Beach Boulevard. Staff estimates the cost to accomplish this request to be $75,000. Earlier in the meeting, the City Clerk had announced the following late communications related to this agenda item: Slide report from the Public Works Department dated November 16, 1998 titled Beach Boulevard, Median Landscape Plan Design Funding A communication from Bill McGrath, Huntington Beach Auto Dealers Association President, dated November 16, 1998 in support of the item pertaining to Landscape Design Plans for Beach Boulevard Medians Considerable discussion was held between Council and staff. A motion was made by Julien, second Green, to approve an appropriation of $75,000 from the General Fund Unappropriated Fund Balance to the Beach Boulevard Median Island Landscape Design Contract Account. The motion carried by the following roll call AYES: Julien, Green, Bauer, Garofalo NOES: Harman, Dettloff, Sullivan ABSENT: None r '11118198 — CouncillAgency Minutes — Page 15 (CITY COUNCIL) REQUEST FOR STAFF REVIEW OF CITY OF FOUNTAIN VALLEY SIGN CODE (420.35) The City Council considered a communication from Councilmember Green transmitting a copy of the City of Fountain Valley sign code and requesting that staff review it and return with recommendations relative to amending the Huntington Beach sign code to include similar restrictions. Councilmember Green presented reasons for his request that staff review the City of Fountain Valley Sign Code. A motion was made by Green, second Garofalo, to direct staff to review the City of Fountain Valley Sign Code as it relates to political signs and return with recommendations for amending the City of Huntington Beach Sign Code to include similar restrictions. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Garofalo, Sullivan NOES: Bauer ABSENT: None (CITY COUNCIL) INFORMING COUNTY FIRE AUTHORITY REGARDING CITY'S INTENTION TO TERMINATE ADVANCE LIFE SUPPORT PARAMEDIC SERVICE TO SUNSET BEACH - DEFERRED TO DECEMBER 7, 1998 — ADDITIONAL REPORTS TO BE MADE 12/21/98 OR 114199 (510,45). The City Council considered a communication from Councilmember Sullivan stating that the citizens of Huntington Beach are charged a fee for advance life support paramedic services. Incredibly, the city provides this service free to residents of Sunset Beach. The citizens of Huntington Beach are asked to pay for themselves and then are required to pay for the people of Sunset Beach. This outrage and give-away of public funds must stop. Councilmember Sullivan presented reasons why he had placed this item on the City Council Agenda. He stated that he had spoken to the Fire Chief regarding this matter and that the Fire Chief had informed him he would like to make a report to the Council on the matter. Councilmember Sullivan stated that he would like to continue consideration of this item until the Fire Chief could make such report. A motion was made by Sullivan, second Harman, to bring back the subject of informing the County Fire Authority regarding the city's intention to terminate advance life support paramedic service to Sunset Beach as an administrative item on the City Council Agenda at the next Council meeting, the December 7, 1998 meeting. Following discussion regarding the motion, the motion was amended to include Councilmember Bauer's recommendation that the subject of fire and water services also be reported on at the December 21, 1998 Council meeting or the January 4, 1999 Council meeting. The motion made by Sullivan, second Harman, as amended carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT None 147 Page 16 - Council/Agency Minutes—11/16198 ADJOURNMENT- CITY COUNCILIREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, November 30, 1998 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California regarding Meadowlark Specific Plan and Development. ATTEST: City Clerk/Clerk / 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 Mayor/Chairman 148