HomeMy WebLinkAbout1999-01-19MINUTES
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
Tuesday, January 19, 1999
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 Pro Tem Garofalo 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, Garofalo, Dettloff, Harman, Sullivan
(Bauer arrived at 5:03 p.m.)
Absent: Green
MOTION TO RECESS TO CLOSED SESSION
A motion was made by Dettloff, second Garofalo, to recess the City Council to closed session to
consider the following items. The motion carried by the following roll call vote:
AYES: Julien, Garofalo, Dettloff, Harman, Sullivan
NOES: None
ABSENT: Bauer, Green
PUBLIC COMMENTS REGARDING CLOSED SESSION AGENDA ITEMS
There were no persons present to address Council regarding the closed session items
scheduled on the agenda.
Closed Session — City Council pursuant to Government Code Section 54957
to consider personnel matters. Subject: City Administrator's Evaluation. (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)
Closed Session — City Council pursuant to Government Code Section 54956.9(c)
to confer with its City Attorney regarding pending litigation. (Based on existing facts and
circumstances, the legislative body of the local agency has decided to initiate or is deciding
whether to initiate litigation.) Number of Potential Cases 1, Subject: L.A. Cellular Telephone
Co. v. State Board of Equalization. (120.80)
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Closed Session — City Council pursuant to Government Code Section 54956.9(a) to conferwith
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)
CITY ATTORNEY REPORT
The City Attorney reported on the following action taken by the City Council in closed session as
require by law (Government Code §54957.1(a) (b)).
City Of Huntington Beach v. Huntington Beach Police Officers' Association — Orange
County Superior Court — 78-75.09
Pursuant to Government Code § 54957.1(a)(3) the Huntington Beach City Council reports that
on Monday, June 15, 1998 the City Council convened in closed session to discuss the
referenced matter pursuant to the litigation exception contained in Government Code Section
54956.9(c).
The substance of the litigation was an injunction action brought by the City of Huntington Beach
to enjoin the "Blue Flu" job action taken by Huntington Beach Police Officers.
Six members of the Council were present including Mayor Shirley Dettloff, Ralph Bauer, Dave
Garofalo, Tom Harman, and Pam Julien. Also present were Deputy City Attorney Paul
D'Alessandro, Deputy City Attorney Scott Field, and City Administrator Ray Silver.
The City Attorney reported that on motion by Garofalo, seconded by Green, the City Council
authorized the City Attorney to seek to settle the "blue -flu" case with dismissals of the city's
complaint and HBPOA's cross complaint with each side to bear its own costs. The motion
carried unanimously with Councilmember Sullivan absent.
CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Bauer, Garofalo, Dettloff, Harman, Sullivan
Absent: Green
INVOCATION — By Bishop R. Michael Gordon, Church of Jesus Christ of Latter Day Saints,
Huntington Beach Sixth Ward, Huntington Beach North Stake.
FLAG CEREMONY AND PLEDGE OF ALLEGIANCE — By Boy Scouts from Troop No. 872,
Church of Jesus Christ of Latter Day Saints, Huntington Beach Sixth Ward, Huntington Beach
North Stake.
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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
Slide show presentation from the Planning Department dated January 19, 1999 regarding
Zoning Text Amendment No. 97-1 (ZTA No. 97-1) (Residential District Standards)
Communication from the Economic Development Director dated January 19, 1999 requesting a
continuance of the public hearing on the proposed Disposition and Development Agreement —
Sassounian Capital Ventures to Monday, February 1, 1999
Communication from Terry Hoffman, resident, 9362 Gateshead, Huntington Beach dated
January 19, 1999 supporting twice a month street cleaning
Communication from Frank M. Cracchiolo, resident and business owner, requesting that his
property located at 508 Pacific Coast Highway in the Block 105, Phase II of the Redevelopment
Area be excluded from this amendment
Slide show presentation from the Public Works Department dated January 19, 1999 titled "City
of Huntington Beach Street Sweeping Implementation Report"
Communication from Planning Commission Chairperson Fred Speaker and Planning
Commissioners dated January 19, 1999 requesting that the City Council take into consideration
the minute action taken by the Planning Commission on January 12, 1999 regarding the
Preliminary Plan for the 1999 Amendment to the Huntington Beach Redevelopment Plan and
transmitting to Councilmembers the recommendation to "Amend the Preliminary Plan for
Amendment to the Redevelopment Plan to provide the Agency the authority to use eminent
domain to acquire and consolidate residential properties in the following area only. Olive
Avenue, First Street, Pacific Coast Highway, and the alley between a and r Streets"
Communication from the Economic Development Director dated January 19, 1999 regarding the
Planning Commission action on January 12, 1999 for the approval of the Preliminary Plan for
the proposed Redevelopment Plan Amendment and the Commission's approved minute action
recommending the City Council reduce the area subject to eminent domain on residential to that
portion of the Main Pier Subarea bounded by Pacific Coast Highway, First Street, Olive Avenue
and Sixth Street. While staff agrees that the proposed area depicted on the map could be
reduced in size, any change at this time is not recommended.
Slide show presentation from Economic Development dated January 19, 1999 titled Preliminary
Plan 1999 Amendment
Slide show presentation from Economic Development dated January 19, 1999 titled Formation
of a Project Area Committee (PAC)
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Communication from Rutan & Tucker, LLP, Attorneys at Law dated January 19, 1999 on behalf
of Eldon Bagstad, owner of property located at 416 Pacific Coast Highway, to express Mr.
Bagstad's strong opposition to the proposal to resurrect the Agency's authority to use eminent
domain on residential properties in the Main Pier Subarea of the Huntington Beach
Redevelopment Project Area
PRESENTATION -- By Mr. Dick Redmayne, Representative, American Public Works
Association, Southern California Chapter to Mayor Peter Green and Bob Beardsley, Public
Works Director, presentation of the 1998 Public Works Week Award for the very successful
Huntington Beach Public Works Open House held May 16, 1998.
PUBLIC COMMENTS
DAVID CAMERON, representing Huntington Landmark Board of Directors, read a letter to
Council regarding problems encountered by their association during their replacement of 78
electrical panels. He stated that the Board of Directors was requesting the City Council to
approve an extension of time on the permit and to consider and approve grandfathering of these
newly installed electrical panels under the original approval by the City Building Department.
CONNIE BOARDMAN, representing the Bolsa Chica Land Trust, expressed their concerns
regarding the item on the agenda relating to the City Council subcommittee report regarding the
Bolsa Chica Annexation. She spoke regarding the concerns of the Bolsa Chica Land Trust
including the long-term financial aspects, fire protection, police protection, impacts on streets,
and sewers. She questioned how Council can reconcile the action of building on the Bolsa
Chica with their resolution adopted previously in support of preservation.
JAMES LANE stated his concerns regarding the item on the agenda relative to Agency
Resolution No. 294, Amendment to the Redevelopment Plan — Main Pier Subarea. He stated
that he believes adoption of this resolution will result in some of the people losing their homes.
He stated that the residents are willing to proceed with the plan that the residents had presented
last year. Mr. Lane informed the Council that he believes that the status of CIM Company is no
longer valid due to their failure to carry through on the plan.
BOB WINCHELL, Huntington Beach Tomorrow, informed Council that Huntington Beach
Tomorrow continues to believe the development of the Bolsa Chica will be an environmental
disaster and possibly a financial disaster. He stated their opinion that the environmental impact
report should be done prior to annexation. He spoke regarding the Orange County Fire
Authority situation. Mr. Winchell stated that in the meantime they were asking Council to much
more aggressively pursue the acquisition of the Bolsa Chica for the citizens and the children.
He informed Council that annexation would save the developer money for water and other
expenditures that the developer would have had to make without annexation.
PHIL INGLEE, Planning Commissioner, stated his concerns regarding the item on the agenda
relative to Agency Resolution No. 294, Amendment to the Redevelopment Plan — Main Pier
Subarea. He stated that he is concerned because during the Planning Commission meeting the
staff had referred to the eminent domain procedure as something in the city's "tool box." He
stated that members of the Planning Commission had sent Council notes stating their concern
even though they had not voted against recommending this item to the Council.
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ALTHEA SANTUCCI spoke in opposition to the proposed boundary changes proposed by
Agency Resolution No. 294, Amendment to the Redevelopment Plan — Main Pier Subarea. She
spoke regarding the effect on her property. She spoke regarding the problems that Council is
currently experiencing in the downtown area. She requested that Council redo the boundaries
to exclude residential properties from eminent domain.
LORETTA WOLFE stated that she has been involved with the Redevelopment Agency since
the beginning. She stated that the redevelopment line at first was drawn in such a manner that
the residents found out and fought this plan. She stated that the redevelopment line was moved
to the middle of 6"' Street thus subsequently she and others had remodeled their property. Ms.
Wolfe stated that they did not desire a cloud on their property and that they do not need to be in
the Redevelopment Agency area.
JOHN STREIPS stated that nothing had ever been mentioned concerning a boundary change
as proposed in Agency Resolution 294, Amendment to the Redevelopment Plan - Main Pier
Subarea. He stated that they have met or exceeded all of the goals of the redevelopment plan.
He stated concerns for the effect on their property. Mr. Streips questioned why their property
cannot be excluded as are other properties.
BOB SIMMONS stated concern regarding proposed parking fee increases in the downtown
area for reasons including that it is such a large increase at one time. He spoke regarding the
shower on the beach that has not been operating for four months and the problems involved in
fixing it.
KEITH GLADIEUX addressed Council regarding his concern with the expansion of the Tsunami
Restaurant. He read communications citing the negative parking impact on residences and
businesses. He read from some of these communications including a letter from Super Mex,
Subway Sandwich, and Mr. B's Liquor Store.
ROBERT CRONK informed Council that a major announcement will be made following a
meeting to be held at the Crest View School site (proposed Wal-Mart site) at 6:30 p.m.,
Tuesday, January 20, 1999. He invited Council to the meeting.
MIKE NELSON spoke in opposition to the eminent domain issue as outlined in Agency
Resolution 294, Amendment to the Redevelopment Plan - Main Pier Subarea. He also spoke
against the development of the Bolsa Chita. He stated that he believed it is very sad that Phil
inglee is being asked to step down from the Planning Commission.
GUY GUTZARDO requested that his home be exempted from eminent domain so he and his
wife can fix up their house. He stated that he believed that the proposed borders set forth in
Agency Resolution 294, Amendment to the Redevelopment Plan - Main Pier Subarea were too
large and unnecessary.
(CITY COUNCIL) CITY COUNCIL SUBCOMMITTEE REPORT REGARDING THE BOLSA
CHICA ANNEXATION - ADJOURNED CITY COUNCIL MEETING SCHEDULED FOR
FEBRUARY 8, 1999 TO REVIEW STUDY AND DIRECT STAFF ACCORDINGLY (440.60)
The City Council considered a communication from Councilmember Shirley Dettloff, Chair of the
Council Subcommittee on the Solsa Chica, informing Council of the motion made by the
subcommittee at its January 7, 1999 meeting as follows:
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"Move that the Boise Chica Subcommittee recommend to the City Council that they direct the
City Administrator to develop a strategy that could result in annexing the Boise Chica to the City
of Huntington Beach prior to development of homes in the Boise Chica."
"Also move that the Boise Chica Subcommittee recommend to the City Council that they direct
the City Administrator to consult with the City Council to establish those parameters which
should be addressed in any negotiation of a pre -annexation agreement for the Boise Chica."
Councilmember Dettloff presented a report from the City Council subcommittee which included
a history of the matter and the reasons why the Bolsa Chica Subcommittee had been formed.
Councilmember Dettloff read the proposed motion for the record.
Assistant City Administrator Fallon stated that staff intends to make a report to the Council at
the February 8, 1999 adjourned meeting which will be available to the public. Councilmember
Dettloff stated Planning Commissioner Ed Kerins was also a member of the subcommittee.
(CITY COUNCIL) APPROVED APPOINTMENTS OF MAYOR GREEN & MAYOR PRO TEM
GAROFALO AS CITY COUNCIL LIAISON MEMBERS TO THE WEST ORANGE COUNTY
CITIES
A motion was made by Garofalo, second Sullivan, to approve the appointments of Mayor Peter
Green and Mayor Pro Tern Garofalo to serve as the Council liaisons to the West Orange County
Cities Association. The motion carried by unanimously vote with Mayor Green recorded absent.
(CITY COUNCIL) ACCEPTED CITY TREASURER NOVEMBER, 1998 INVESTMENT
SUMMARY REVIEW (310.20)
The City Council considered a communication from the City Treasurer transmitting the Monthly
Investment Report for November, 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
Following the review of the report, on motion by Garofalo, second Sullivan, Council accepted
the Monthly Investment Report for November, 1998 pursuant to Section 17.0 of the Investment
Policy of the City of Huntington Beach.
AYES: Bauer, Garofalo, Dettloff, Harman, Sullivan
NOES None
ABSENT: Green (Julien out of the room)
(CITY COUNCIL) PUBLIC HEARING — ZONING TEXT AMENDMENT NO. 97-1
(RESIDENTIAL DISTRICT STANDARDS) — APPROVED INTRODUCTION OF ORDINANCE
NO. 3410 AS AMENDED (450.20)
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Mayor Pro Tern Garofalo announced that this was the meeting set for a public hearing to
consider the following:
Applicant: City of Huntington Beach
Request: To approve a comprehensive amendment to the Huntington Beach Zoning and
Subdivision Ordinance addressing residential district standards.
Location: City-wide.
Environmental Status: The above item is categorically exempt from the provisions of the
California Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been published, posted and
mailed.
Planning Director Zelefsky presented a staff report.
Senior Planner Carvalho presented a staff slide report dated January 19, 1999 regarding Zoning
Text Amendment No. 97-1 (ZTA No. 97-1 Residential District Standards).
Mayor Pro Tern Garofalo declared the hearing open.
Robert Corona, developer, addressed Council and requested that the staff recommendation be
approved.
There being no one present to speak either for or against the matter, the public hearing was
closed by Mayor Pro Tern Garofalo.
Earlier in the meeting, the City Clerk had announced that the following communication on this
item had been provided to the City Council:
Slide show presentation from the Planning Department dated January 19, 1999 regarding
Zoning Text Amendment No. 97-1 (ZTA No. 97-1) (Residential District Standards)
The City Clerk stated the slide presentation is a matter of public record and is available at the
City Clerk's Office.
Councilmember Dettloff presented questions to staff relative to three story homes in the
downtown area and whether Zoning Administrator approval is adequate or should presentation
to the Planning Commission be the process.
Planning Director Zelefsky responded to Councilmember Dettloff's questions regarding patio
permits.
Discussion was held between Council and staff regarding the Zoning Administrator process and
the appeals that have been filed with the Zoning Administrator as well as the subject of the
recent issue regarding a third story addition to a home.
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Assistant City Administrator Fallon reported on how the proposed process is to be handled.
A motion was made by Harman, second Sullivan, to approve Zoning Text Amendment No. 97-1
with modifications (see Attachment No. 7 and No. 8) as recommended by staff with findings for
approval (Attachment No. 9) and after reading by title, approve introduction of Ordinance No. 3410
as amended - "An Ordinance of the City of Huntington Beach Amending the Huntington Beach
Zoning and Subdivision Ordinance by Amending Chapter 210, Section 230.88, Section 232.08, and
Section 241.04 thereof (Zoning Text Amendment No. 97-01) with the modification that in Item #2 on
Page 4 in the matrix of the Request for Council Action the words "Zoning Administrator" be stricken
and the words "Planning Commission" be substituted in the staff recommendation (including
modification to Ordinance No. 3410, Pg. 210-3 Clubs and Lodges to reflect Planning Commission in
Columns RL and RM instead of ZA). The motion carried by the following roll call vote:
AYES: Julien, Bauer, Garofalo, Dettloff, Harman, Sullivan
NOES: None
ABSENT: Green
(CITY COUNCILIREDEVELOPMENT AGENCY) (CONTINUED OPEN TO 02/01199) JOINT
PUBLIC HEARING BETWEEN CITY COUNCIL & REDEVELOPMENT AGENCY -
PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT FOR SALE OF REAL
PROPERTY WITHIN THE TALBERT BEACH REDEVELOPMENT PROJECT SUBAREA TO
SASSOUNIAN CAPITAL VENTURES, INC. (600,30)
Mayor Pro Tern Garofalo announced that this was the time for a joint public hearing between the
City Council and Redevelopment Agency pursuant to the California Community Redevelopment
Law (Health and Safety Code Sections 33000, et seq.) for the purpose of considering the
approval of a proposed Disposition and Development Agreement between the Agency and
Sassounian Capital Ventures, Inc. ("Developer"), The Agreement provides for the sale of
approximately 0.68 acre parcel of real property bounded by Talbert Street, Joyful Lane and Happy
Drive (the "Site") within the City's Redevelopment Project Area, specifically the Talbert -Beach
Redevelopment Project Subarea of the City of Huntington Beach (the "Project Area"), to
Developer and the construction thereon by Developer of a single family residential development.
The purpose of the joint public hearing is to consider: 1. The proposed sale of real property by
the Agency to Developer. 2. The proposed terms and conditions of such sale of real property.
3. The proposed Disposition and Development Agreement. 4. All evidence and testimony for
and against the approval of the Disposition and Development Agreement and the sale of real
property and the terms and conditions therefor. The Agency has prepared a Summary Report in
connection with the Agreement which describes and specifies: a. The cost to the Agency of the
Agreement. b. The estimated value of the interest to be sold, determined (i) at the highest and
best uses permitted under the Redevelopment Plan and (ii) at the use and with the conditions,
covenants, and development costs required by the sale. c. The purchase price, and an
explanation of why the purchase price is less than the fair market value of the interest to be
conveyed, determined at the highest and best use consistent with the Redevelopment Plan.
d. An explanation of why the sale will assist in the elimination of blight. e. Other pertinent
economic analysis.
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Any and all persons having objections to or wishing to express support of the proposed
Disposition and Development Agreement, the proposed sale of real property or the proposed
terms and conditions therefor, or the regularity of any of the prior proceedings, may appear and
be heard before the Agency and the City Council on the proposed Disposition and Development
Agreement, the proposed sale of real property and the proposed terms and conditions therefor.
Any persons desiring to be heard at the hearing will be afforded an opportunity to be heard. At
any time not later than the hour set for hearing, any person objecting to or supporting the
proposed Disposition and Development Agreement, the proposed sale of real property or the
terms and conditions therefor, may file in writing with the City Clerk a statement of his or her
objections thereto or support thereof.
The documents referred to above are available for public inspection and copying during regular
office hours at the offices of the City Clerk and Clerk of the Redevelopment Agency.
Earlier in the meeting, the City Clerk had announced that the following communication on this item
had been provided to the City Council:
Communication from the Economic Development Director dated January 19, 1999 requesting a
continuance of the public hearing on the proposed Disposition and Development Agreement —
Sassounian Capital Ventures to Monday, February 1, 1999
Mayor Pro Tern Garofalo declared the public hearing open.
A motion was made by Sullivan, second Garofalo, to continue the public hearing open to
February 1, 1999. The motion carried unanimously with Mayor Green absent.
(CITY COUNCILIREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes
of the City Council/Redevelopment Agency adjourned regular meeting of November 30, 1998 and
the regular meeting of December 7, 1998 as written and on file in the Office of the City Clerk.
CONSENT CALENDAR — ITEMS APPROVED
On motion by Dettloff, second Julien, Council approved the following Consent Calendar items
as recommended by the following roll call vote:
AYES: Julien, Bauer, Garofalo, Dettloff, Harman, Sullivan
NOES: None
ABSENT: Green
(CITY COUNCIL) APPROVED AMENDMENT NO. 2 TO CONTRACT WITH ENGINEERING
RESOURCES, INC. TO PERFORM PUBLIC WORKS ENGINEERING DEVELOPMENT
PROCESSING AND INSPECTION SERVICES — APPROVED MODIFICATION TO
INSURANCE REQUIREMENTS (600.10) —1. Approved and authorized the Mayor and City
Clerk to execute Amendment No. 2 To Agreement Between The City Of Huntington Beach And
Engineering Resources, Inc. For Plan Checking And Development Processing to provide up to
$750,000 in various engineering services; and 2. Accepted the Settlement Committee's
recommendation to allow a $25,000 deductible for professional liability insurance coverage.
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(CITY COUNCIL) APPROVED JOINT SHARE TRAFFIC SIGNAL AGREEMENT D-98.095 WITH
THE COUNTY OF ORANGE — INTERSECTION OF EDWARDS STREET & ELLIS AVENUE —
(PURSUANT TO HOLLY-SEACLIFF DEVELOPMENT AGREEMENT) (600.25) — Approved and
authorized execution of the Joint Share Traffic Signal Agreement between the city and County of
Orange for the installation of a traffic signal at the intersection of Edwards Street and Ellis Avenue
(a portion of which is within the County of Orange).
(CITY COUNCIL) APPROVED AS TO FORM: OCEAN VIEW PROMENADE OFFICE SPACE
LEASE SUITE A - BETWEEN ABDELMUTI DEVELOPMENT COMPANY & SCOTT PRESTA &
THE TERMINATION OF LEASE & MUTUAL RELEASE WITH PREVIOUS TENANT
CLEARVIEW CAPITAL (600.30) — Approved as to form the attached lease between Abdelmuti
Development Company and Scott Presta for office space within the Oceanview Promenade and
the attached Termination of Lease and Mutual Release with the previous tenant: Clearview
Capital
(CITY COUNCIL) ADOPTED RESOLUTION NO. 99-3 TO APPROVE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND SURF CITY LIFEGUARD EMPLOYEES'
ASSOCIATION — APPROVED APPROPRIATION (720.20) — Adopted Resolution No. 99-3 —
"A Resolution of the City Council of the City of Huntington Beach Approving and Implementing
the Memorandum of Understanding Between the Surf City Lifeguard Employees'Association
and the City of Huntington Beach for 1211198 — 12131199" and approved appropriation of
$21,000 to pay the increased salary costs for 1998-99.
(CITY COUNCIL) APPROVED REIMBURSEMENT AGREEMENT (SHARED TRAFFIC
SIGNAL CONSTRUCTION AGREEMENT) WITH CITY OF WESTMINSTER FOR
SIGNALISTREET MODIFICATIONS AT GOLDENWEST STREET & BOLSA AVENUE
(600.10) — Approved and authorized the Mayor and City Clerk to execute the Shared Traffic
Signal Construction Agreement By And Between The City Of Huntington Beach And The City Of
Westminsterfor reimbursement to the city for the purchase of traffic signal equipment and
appurtences for signal/street modification at Goldenwest Street and Bolsa Avenue.
(CITY COUNCIL) APPROVED REIMBURSEMENT AGREEMENT WITH PLC LAND COMPANY
FOR PLANNING SERVICES (CONTRACT PLANNER) FOR THE PALM AND GOLDENWEST
AREA (600.10) — Approved the Reimbursement Agreement Between The City Of Huntington
Beach And PLC For Professional Planning Services as prepared by the City Attorney for the term
August 1, 1998 to December 31, 1999 subject to mutual agreement by the city and PLC Land
Company; and authorized the Mayor and City Clerk to sign and appropriated $60,000 to cover the
expected cost.
(CITY COUNCIL) APPROVED PROJECT SELF-SUFFICIENCY 1999 ACTION PLAN (570.50) —
Approved the Community Services Department's Project Self -Sufficiency 1999 Action Plan.
(Describes the mission, goals and objectives for the local program. The plan also describes the
community interaction between the public and private sectors.)
(CITY COUNCIL) ADOPTED RESOLUTION NO. 99-5 — AMENDS MEMORANDUM OF
UNDERSTANDING BETWEEN CITY AND POLICE OFFICERS' ASSOCIATION BY ADDING
SIDE LETTER OF AGREEMENT TO ADOPT A 7-11.5 TRIAL WORK SCHEDULE FOR POLICE
PATROL EMPLOYEES (720.20) — Adopted Resolution No. 99-5 - "A Resolution of the City
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01/19/99 — Council/Agency Minutes — Page 11
Council of the City of Huntington Beach Approving and Implementing the Side Letter Between the
Huntington Beach Police Officers' Association and the City of Huntington Beach to Adopt a 7-t 1.5
Trial Work Schedule for Police Patrol."
(CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT WITH PURKISS ROSE-
RSI FOR PREPARATION OF PLANS AND SPECIFICATIONS FOR THE SOUTH BEACH
PHASE I RENOVATION PROJECT (600.10) — Approved the Professional Services Contract With
Purkiss Rose-RSI For The Preparation Of Plans And Specifications For The South Beach Phase I
Renovation Project and authorized the Mayor and City Clerk to execute same.
(CITY COUNCIL) APPROVED PURCHASE AND SALE AGREEMENT WITH STATE OF
CALIFORNIA (CALTRANS) FOR BEACH BOULEVARD EASEMENT —WATERFRONT
DEVELOPMENT PROJECT — AUTHORIZED CITY CLERK TO ACCEPT AND RECORD DEED
(600,20) —1. Approved the Purchase And Sale Agreement between the State of California
Department of Transportation and the city for purchase of an excess highway easement along
Beach Boulevard for $750 and authorized execution by the Mayor and City Clerk; and
2. Authorized the City Clerk to affix the city's acceptance certificate to the Director's deed and to
record same upon city's receipt of deed for the Beach Boulevard highway easement.
(CITY COUNCIL) APPROVED IMPLEMENTATION REPORT TO REINSTATE "TWICE PER
MONTH" STREET SWEEPING — AUTHORIZED TRANSFER AND APPROPRIATION OF
FUNDS (800.10)
The City Council considered a communication from the Director of Public Works and the Police
Chief transmitting the Implementation Report to reinstate twice per month street sweeping as
approved by the Managed Competition Committee at its December 18, 1998 meeting.
The Public Works Director presented a staff report.
Earlier in the meeting, the City Clerk had announced that the following communications on this
item had been provided to the City Council:
Communication from Terry Hoffman, resident, 9362 Gateshead, Huntington Beach dated
January 19, 1999 supporting twice a month street cleaning
Slide show presentation from the Public Works Department dated January 19, 1999 titled "City
of Huntington Beach Street Sweeping Implementation Report"
Considerable discussion was held by Council regarding the subject including the matter of
amortization of equipment and the feasibility of training the employees to observe code
violations while in the field.
Police Chief Lowenberg reported that these employees will be very busy but that recognizing
stolen or abandoned vehicles could be a by-product of the street sweeping project.
Councilmember Harman stated that he supports this proposal; however, he wishes the public to
be aware fines are anticipated for persons who do not move their automobiles for the street
sweeping vehicle. He stated that warnings and notification will be given to acquaint the public
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with the program. Councilmember Harman questioned whether it is legally sufficient to past
signs only at the entrances to housing tracts. City Attorney Hutton responded that it is sufficient.
Police Chief Lowenberg concurred.
Councilmember Harman requested that the parking control officer be trained to observe code
violations.
Public Works Director Beardsley reported that public areas such as the Murdy Park parking lot
will be cleaned as often as possible.
A motion was made by Julien, second Bauer, to approve the following recommended action:
Authorize the Director of Finance to transfer $196,000 from the unappropriated General Fund
balance into the following program accounts: 1. Public Works Traffic Maintenance (Signs)
$100,000. 2. Police Department Parking Enforcement (Vehicles) $72,000. 3. Police
Department Parking Enforcement (Personnel) $24,000. Total $196,000.
The motion carried by the following roll call vote:
AYES: Julien, Bauer, Garofalo, Dettloff, Harman, Sullivan
NOES: None
ABSENT: Green
(CITY COUNCIUREDEVELOPMENT AGENCY) ADOPTED AGENCY RESOLUTION
NO. 294 — AS AMENDED — PRELIMINARY PLAN FOR THE 1999 AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT
PROJECT — (MAIN -PIER SUBAREA) (400.10)
The City Council considered a communication from the Economic Development Director
transmitting a preliminary plan for the 1999 amendment to the merged Huntington Beach
Redevelopment Project. The proposed 1999 amendment would provide the Agency the
authority to use eminent domain as a last resort to acquire residential properties in the Main -
Pier Subarea of the Project Area as shown on a map included in the attached exhibit to this staff
report. The purpose of the 1999 amendment is to provide the Agency the ability to consolidate
residential parcels in the Main -Pier Subarea to eliminate blighting conditions. Currently, the
Agency has the authority to use eminent domain on commercial properties in the Main -Pier
Subarea as well as portion of the Oakview and Huntington Center Subareas of the Project Area.
Economic Development Director Biggs presented a staff report.
Earlier in the meeting, the City Clerk had announced that the following communications on this
item had been provided to the City Council:
Communication from Frank M. Cracchiolo, resident and business owner, requesting that his
property located at 508 Pacific Coast Highway in the Block 105, Phase 11 of the Redevelopment
Area be excluded from this amendment
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01/19/99 — Council/Agency Minutes — Page 13
Communication from Planning Commission Chairperson Fred Speaker and Planning
Commissioners dated January 19, 1999 requesting that the City Council take into consideration
the minute action taken by the Planning Commission on January 12, 1999 regarding the
Preliminary Plan for the 1999 Amendment to the Huntington Beach Redevelopment Plan and
transmitting to Councilmembers the recommendation to "Amend the Preliminary Plan for
Amendment to the Redevelopment Plan to provide the Agency the authority to use eminent
domain to acquire and consolidate residential properties in the following area only: Olive
Avenue, First Street, Pacific Coast Highway, and the alley between 6th and 7th Streets"
Communication from the Economic Development Director dated January 19, 1999 regarding the
Planning Commission action on January 12, 1999 for the approval of the Preliminary Plan for
the proposed Redevelopment Plan Amendment and the Commission's approved minute action
recommending the City Council reduce the area subject to eminent domain on residential to that
portion of the Main Pier Subarea bounded by Pacific Coast Highway, First Street, Olive Avenue
and Sixth Street. While staff agrees that the proposed area depicted on the map could be
reduced in size, any change at this time is not recommended.
Slide show presentation from Economic Development dated January 19, 1999 titled Preliminary
Plan 1999 Amendment
Slide show presentation from Economic Development dated January 19, 1999 titled Formation
of a Project Area Committee (PAC)
Communication from Rutan & Tucker, LLP, Attorneys at Law dated January 19, 1999 on behalf
of Eldon Bagstad, owner of property located at 416 Pacific Coast Highway, to express Mr.
Bagstad's strong opposition to the proposal to resurrect the Agency's authority to use eminent
domain on residential properties in the Main Pier Subarea of the Huntington Beach
Redevelopment Project Area
City Attorney Hutton responded to a question by Councilmember Harman regarding conflict of
interest. The City Attorney also stated that Councilmember Julien could vote on the matter as
her residence is located over one mile from the project area. The City Attorney, in response to
Mayor Pro Tern Garofalo, stated that she had advised him to abstain from consideration of the
matter_
The City Attorney provided the City Clerk with two communications from Mayor Pro Tem Dave
Garofalo and Councilmember Pam Julien respectively each of which outlined their disclosure
pursuant to Health and Safety Code 33130 and 33130.5 of the State of California.
Economic Development Director Biggs responded to Councilmember Dettloff regarding
removing properties on 6th Street from the eminent domain area.
Mayor Green arrived at the meeting at 9:30 p.m.
Councilmember Bauer spoke regarding the ways the property owner can determine if there is a
cloud on his/her property such as obtaining information from the County Assessor's Office.
Discussion was held regarding the proposed procedure to revise the proposed boundaries from
those proposed in Agency Resolution No. 294.
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Discussion was held regarding how a project area committee (PAC) works such as agendas,
meetings, etc. The Economic Development Director reported on this issue.
Economic Development Director Biggs stated that he would like to approach the map behind the
Council chairs so that he could outline the areas as he believes what Councilmember Dettloff
stated in her motion may be between the alternatives.
City Attorney Hutton read the public disclosures of Mayor Pro Tern Garofalo and
Councilmember Julien stating that Mayor Pro Tern Garofalo will not vote and that
Councilmember Julien will vote. The City Attorney stated she had confirmed this fact with
special legal counsel. She handed the documents to the City Clerk.
A motion was made by Dettloff, second Bauer, to adopt Agency Resolution No. 294 as
amended — "A Resolution of the Redevelopment Agency of the City of Huntington Beach
Accepting and Approving a Preliminary Plan for the 1999 Amendment to the Redevelopment
Plan for the Huntington Beach Redevelopment Project." The motion carried by the following roll
call vote:
AYES: Julien, Bauer, Green, Dettloff, Harman
NOES: Sullivan
ABSTAINED: Garofalo
Economic Development Director Biggs presented an outline of the areas using the map located
behind the Council chairs.
In response to a question from the City Clerk, Councilmember Harman stated that the
presentation made by Economic Development Director Biggs had not changed the motion set
forth by Councilmember Dettloff.
(CITY COUNCIL) ADOPTED RESOLUTION NO. 99-4 — PROCEDURES FOR THE
FORMATION OF A PROJECT AREA COMMITTEE FOR THE AMENDMENT TO THE
REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT -
(MAIN -PIER PROJECT SUBAREA) (400.80)
The City Council considered a communication from the Economic Development Director
transmitting for Council consideration a proposed resolution adopting procedures for the
formation and election of a Project Area Committee for the Main -Pier Redevelopment Project
subarea.
Earlier in the meeting, the City Clerk had announced that the following communications on this
item had been provided to the City Council:
Communication from the Economic Development Director dated January 19, 1999 regarding the
Planning Commission action on January 12, 1999 for the approval of the Preliminary Plan for
the proposed Redevelopment Plan Amendment and the Commission's approved minute action
recommending the City Council reduce the area subject to eminent domain on residential to that
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01/19/99 — Council/Agency Minutes — Page 15
portion of the Main Pier Subarea bounded by Pacific Coast Highway, First Street, Olive Avenue
and Sixth Street. While staff agrees that the proposed area depicted on the map could be
reduced in size, any change at this time is not recommended.
Communication from Rutan & Tucker, LLP, Attorneys at Law dated January 19, 1999 on behalf
of Eldon Bagstad, owner of property located at 416 Pacific Coast Highway, to express Mr.
Bagstad's strong opposition to the proposal to resurrect the Agency's authority to use eminent
domain on residential properties in the Main Pier Subarea of the Huntington Beach
Redevelopment Project Area
Economic Development Director Biggs presented a staff report utilizing slides. In response to
Councilmember Harman, Economic Development Director Biggs stated that persons from any
Redevelopment Project subarea could be on the project area committee (PAC), not just persons
from the downtown area who are involved in this matter.
A motion was made by Dettloff, second Harman, to adopt Resolution No. 99-4 — "A Resolution
of the City Council of the City of Huntington Beach Adopting Procedures for the Formation and
Election of a Project Area Committee for the 1999 Amendment to the Huntington Beach
Redevelopment Project." The motion carried by the following roll call vote:
AYES: .Julien, Bauer, Green, Dettlaff, Harman
NOES: Sullivan
ABSTAINED: Garofalo
(CITY COUNCIL) CITY'S INTERGOVERNMENTAL RELATIONS CONSULTANT PROGRAM
FOCUS FOR 1999 — (FERGUSON GROUP) — LIST APPROVED (600.10)
The City Council considered a communication from Administration regarding the need for the
City Council to identify unmet funding needs for the city (Huntington Beach State/Federal
Assistance Program Needs List, Tiers 1 and 2) to help assist the city's intergovernmental
relations consultant (Ferguson Group) and city staff to focus its work during 1999. (Program
Needs Lists are set forth in Attachments No. 1 and No. 2.)
A motion was made by Garofalo, second Julien, to approve the list of unfunded projects found
within the Huntington Beach State/Federal Assistance Program Needs List, Tier 1 and 2 and to
direct the City Administrator and the Ferguson Group to focus their attention on projects found
within Tier 1 during 1999.
Rich Barnard, Deputy City Administrator -Public Information Officer, presented a staff report.
Discussion was held. Deputy City Administrator -Public Information Officer Barnard responded
to questions from Councilmember Sullivan.
The motion made by Garofalo, second Julien, passed by unanimous vote.
(CITY COUNCIL) APPROVED PLANS & SPECIFICATIONS AND AUTHORIZED THE
ADVERTISEMENT OF THE PEDESTRIAN BEACH ACCESS RAMP PROJECT AT
SEAPOINT STREET AND PACIFIC COAST HIGHWAY — CC-1022 — APPROVED SAMPLE
CONTRACT — APPROVED TEMPORARY USE PERMIT WITH THE STATE OF CALIFORNIA
(600.70)
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The City Council considered a communication from the Public Works Director requesting
approval of plans and specifications and authorization to advertise the pedestrian beach access
ramp project at Seapoint Street and Pacific Coast Highway.
Councilmember Dettloff informed Council that she had removed this item from the Consent
Calendar as she had wished to let the citizens know that through staff and their work in
Sacramento the funds were obtained from the Coastal Conservancy for this project. The
Council congratulated staff for their fine work.
A motion was made by Dettloff, second Bauer, to approve the following action: 1. Approve the
project plans and specifications and authorize the Director of Public Works to solicit bids for the
construction of the pedestrian beach access ramp at Seapoint Street and Pacific Coast
Highway, CC-1022; and 2. Approve the attached sample contract subject to award of the
contract to the lowest responsive/responsible bidder; and 3. Authorize the Mayor and City Clerk
to execute the attached Temporary Use Permit with the State of California to perform
construction on the State Parks and Recreation property. The motion carried by the following
roll call vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
(CITY COUNCIL) APPROVED REQUEST FOR REMOVAL OF PLANNING COMMISSIONER
INGLEE FROM THE PLANNING COMMISSION (110.20)
The City Council considered a communication from Councilmember Julien requesting that
Council support her request that her appointee to the Planning Commission, Phil Inglee, step
down from that position in order that another appointment be made.
A motion was made by Julien, second Green, to approve the request for Planning
Commissioner Inglee to step down from the Planning Commission position. The motion carried
unanimously.
(CITY COUNCIL) ANNOUNCEMENT OF APPOINTMENT OF EDWIN LAIRD TO PLANNING
COMMISSION BY COUNCILMEMBER JULIEN
Councilmember Julien announced her appointment of Ed Laird to the Planning Commission.
Councilmember Dettloff commended the outstanding service given on the Planning Commission
by Mr. Inglee. She welcomed Mr. Laird to the Planning Commission.
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ADJOURNMENT — CITY COUNCILIREDEVELOPMENT AGENCY
The regular meetings of the City Council and the Redevelopment Agency of the City of
Huntington Beach were adjourned to Monday, January 25, 1999 at 5:00 p.m. in Room 13-8, Civic
Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
City Clerk/Clerk 01
City Clerk and ex-officio Clerk of t e City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
MayorlChairman
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