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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) 229 Page 2 — Council/Agency Minutes — 01/19/99 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. 230 01/19/99 — Council/Agency Minutes — Page 3 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) 231 Page 4 — Council/Agency Minutes — 01/19/99 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. 232 01/19/99 — CouncillAgency Minutes — Page 5 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: 233 Page 6 — Council/Agency Minutes — 01/19/99 "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) 234 01/19/99 — Council/Agency Minutes — Page 7 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. 235 Page S — Council/Agency Minutes — 01/19/99 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. 236 01/19/99 — Council/Agency Minutes — Page 9 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. 237 Page 10 — Council/Agency Minutes — 01/19/99 (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 *R 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 239 Page 12 — Council/Agency Minutes — 01/19/99 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 240 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. 241 Page 14 — Council/Agency Minutes — 01/19/99 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 242 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) 243 Page 16 — Council/Agency Minutes -- 01/19/99 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. 244 01/19199 — Council/Agency Minutes — Page 17 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 245