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HomeMy WebLinkAbout1999-02-16MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Tuesday, February 16, 1999 An audiotape recording of the 5:00 p.m. portion of this meeting and a videotape recording of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. CALL TO ORDER Mayor Green 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 COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None PUBLIC COMMENTS REGARDING CLOSED SESSION (160.30) There were no persons present to address Council regarding the closed session items scheduled on the agenda. PUBLIC COMMENTS AND STUDY SESSION - BARTLETT PARK MASTER PLAN & ENVIRONMENTAL PROCESS (920.20) David Haywood addressed Council in support of the proposed Bartlett Park Master Plan and the proposed golf course. He stated the reasons why he believes the plan is a good one citing the Senior Center Plan and that there will not be lights to bother the homes. He stated that he had presented a petition to the city listing approximately 250 persons in support of the master plan. A slide report from the Community Services Director titled Bartlett Park Master Plan and a communication titled Bartlett Park Survey Results dated November 19, 1998 were distributed to the City Council. Jim Engle, Community Services Deputy Director, introduced Shirley Carey, Vice Chairman of the Community Services Commission. Mr. Engle presented a slide report titled Bartlett Park Master Plan. This slide report covered topics including site highlights, survey, Environmental Impact Report, Master Plan Process, and time line. Mayor Pro Tern Garofalo stated that he believes it must be determined as to whether the public wishes to approve the financing prior to the great amount of work being planned which may not 271 Page 2 - Council/Agency Minutes - 02/16/99 be approved by the voters. Community Services Director Hagan responded to Mayor Pro Tem Garofalo regarding the procedure for a Measure C-Charter Section 612 vote and the possibility of developing the parking spaces. Community Services Director Hagan reported on the Environmental Impact Report issue, Opportunities and Constraints Study. He reported on the conditional use permit process wherein the public would have an opportunity to provide input on traffic impacts and other issues resulting from the plan; a conditional use permit process to be followed by the Measure C-Charter Section 612 vote of the people. The possible use of the existing senior center if a new center is to be built was discussed such as using the existing senior center for residential use or using the facility for community meeting rooms with the rental revenue used toward the bond issue. Councilmember Sullivan spoke regarding the need for a community task force. Community Services Director Hagan responded to Councilmember Sullivan regarding the matter of the existing Senior Citizens' Center being on park land and requiring a Measure C vote as well as the fact that the deed restriction on the existing Senior Citizens' Center when purchased from Chevron restricts the use of the property. Discussion was held regarding the need to speed the process up and perhaps get it on a November rather than a March ballot. STUDY SESSION - COCA COLA STRATEGIC ALLIANCE WITH CITY OF HUNTINGTON BEACH (600.10) A slide report from the Community Services Director titled Public Enterprise; Partnership Agreement between the City of Huntington Beach And Coca Cola Bottling Company Of Southern California was distributed to the City Council. Community Services Director Hagan thanked Gail Hutton, City Attorney and John Fuji, Deputy City Attorney for their assistance to his office in bringing this proposal before the City Council. Community Services Director Hagan introduced the four representatives from Coca Cola Bottling Company to the City Councilmembers, He informed Council that a slide presentation will be made during the 7.00 p.m. portion of the City Council meeting. MOTION TO RECESS TO CLOSED SESSION A motion was made by Harman, second Sullivan to recess the City Council to closed session to consider the following items. The motion carried unanimously. (City Council) 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, POA, PMA, MEA, MEO, HBFA and SCLEA. (120.80) (Redevelopment Agency) Closed Session — Redevelopment Agency 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 Redevelopment Agency v. Mola. Orange County Superior Court Case No. 77 25 15; or. Subject: Redevelopment Agency v. Mola. (400.50) 272 02/16/99 - Council/AgencyMinutes- Page 3 RECONVENE The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:00 p.m. in the Council Chamber. REPORT OF ACTION TAKEN AT CLOSED SESSION 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)(B). CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented. 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: Slide Report from the Community Services Department titled Parking Study Goals Revised motion from Planning Director for public hearing item on Holly-Seacliff agreement. Determine that the developer and the city are in compliance with Holly-Seacliff Development Agreement No. 90-1 by accepting the 1998 Annual Compliance Report and execute the Certificate of Development Agreement Compliance and transmitting the Certificate of Development Agreement Compliance attached for review and signature Communication from the Public Works Department dated 2/16199 attaching a priority list of arterial street repairs Slide Report from Community Services Department titled Bartlett Park Master Plan Communication titled Bartlett Park Survey Results dated November, 1998 Slide report titled Public Enterprise; Partnership Agreement Between the City of Huntington Beach and the Coca-Cola Bottling Company of Southern California 273 Page 4 - Council/Agency Minutes - 02/16/99 PUBLIC COMMENTS DAVE SHENKMAN, representative of Kite Connection, informed Council of a yo-yo demonstration which will be held Saturday, February 27, 1999 to try and set records for the Guinness Book of World Records. The demonstration will be held at the Huntington Beach Pier TEDDI ALVES addressed Council and stated her dissatisfaction with the city's Police Department services as it relates to a burglary at her home where her jewelry was stolen. RON DAVIS stated that he does not share the views of the last speaker as he has found the Police Department to be very responsive. Mr. Davis addressed Council regarding the agenda item relative to the ordinance on picketing of private residences. He spoke regarding the flaw which he believes the ordinance contained as it pertains to the 300 foot distance relative to the configuration of properties. RUSSELL REINHART, Huntington Beach Police Officers' Association, stated that he believed an apology to the Huntington Beach Police Officers' Association is in order relative to Council comments on a suit filed by the Huntington Beach Police Officers' Association against the city. RICH WELT asked if the city is doing anything to communicate the process it is following regarding the Y2 K issue. KELLY ROWE, Orange County Water District, stated that he wished to introduce himself as a newly elected director of the Orange County Water District. He stated the area which his district covers, and he invited Council to contact him regarding any matter of concern. He addressed Council regarding coastal groundwork and requested the city's cooperation in an upcoming civil work project. DEBBIE JOSEPHSON addressed Council regarding the proposed Wal-Mart at the Crest View School site. She informed Council that on this Saturday at 8:00 p.m. in the Crest View School parking lot there would be a kickoff for the initiative petition signing effort. HOWARD SUBNICK addressed Council regarding the BEST program (employee customer service) and spoke regarding the reasons why he did not believe it was worthwhile. JEFF NELSON, Huntington Beach Fire Department, read a prepared speech prior to the video tape that was to follow his speech relative to the presentation by the Fire Chief on CNN TV. BOB DUTTON, Huntington Beach Fire Department, displayed a video of a presentation by the Fire Chief on CNN TV in which the Fire Chief commented on the fire services provided by the Fire Department. Mr. Dutton emphasized the importance of the firefighters hearing the Fire Chiefs comment on the fine service provided by Huntington Beach firefighters. BRETT MOREHEAD expressed his concern regarding the lack of a contract between the city and the Huntington Beach Firefighters' Association. He spoke regarding the bankruptcy and recession time when the firefighters were team players. He stated that they had not expected to see a portion of the retirement benefits taken away and payments required for health insurance 274 02/16/99 - Council/AgencyMinutes- Page 5 coverage. He stated that the Fire Department has not had a salary increase since, .1a,92,,and jm­ they are now the lowest paid firefighters in the county. He requested that the City Council abide by the arbitrator's decision and that they will also abide by it. STEPHEN L. MAC GREGOR, Huntington Beach Firefighters' Association, spoke regarding the lack of a contract between the Huntington Beach Firefighters' Association and the city. He requested that the arbitrator's decision be followed. He thanked the Council for the opportunity to address them. GEORGE SHINROCK spoke regarding the firefighters who are looking for employment elsewhere and the many who are retiring; that these retirees built the system. He spoke regarding the high level of experience and standards required in the past as opposed to current requirements. He informed Council that if he has a loved one needing emergency services he would not want them to be served by a new recruit. ANDREW ZEPEDA, Huntington Beach firefighter, stated that he had come to Huntington Beach from another agency and that the current situation is very serious. He stated that the former agency for which he had worked had received a salary increase making their salary now more than the salary of Huntington Beach firefighters. Mr. Zepeda spoke regarding a recent fire to which his fellow firefighters had responded where he had received burns. He stated that previously the Huntington Beach Fire Department had been well regarded. DENISE SMITH addressed Council regarding the Edwards Hill street widening project and the effect it has had on her life. She stated that none of the residents' concerns regarding the project had been met. She stated that the reason the project is ahead of schedule by a month is due to disturbances to the neighborhood such as jackhammering at 8:00 a.m., work on Saturdays, dirt and dust being moved after 6:00 p.m., damage due to compacting machines, cracks in walls and pipes, doors that do not shut anymore, pottery, and a special ceramic work made by her son broken. She stated she is worried about flooding now as her house is now sandbagged. She spoke regarding the need for repair to a city -owned block wall. (CITY COUNCIL) APPROVED STRATEGIC ALLIANCE AND LONG-TERM PARTNERSHIP AGREEMENT WITH COCA -COLA BOTTLING COMPANY OF SOUTHERN CALIFORNIA (600.10) A motion was made by Garofalo, second Dettloff that the City Council approve moving the agenda item relative to the long-term partnership agreement with Coca-Cola Bottling Company of Southern California ahead on the agenda. The motion carried unanimously. The City Council considered a communication from the Community Services Director transmitting a proposed Strategic Alliance and Long -Term Partnership Agreement with the Coca-Cola Bottling Company of Southern California for the purpose of providing revenue for the development and maintenance of beach, park, and other city facilities. Community Services Director Hagan introduced Don �� representing Coca-Cola Bottling Company who presented a slide report. The slide report titled Public Enterprise; Partnership Agreement Between the City of Huntington Beach and the Coca-Cola Bottling Company of Southern California had been announced earlier in the meeting by the City Clerk. 275 Page 6 - Council/Agency Minutes - 02/16/99 Schulte Mr. Sheet Vice President of Coca-Cola Bottling Company of Southern California, addressed Council regarding the proposed agreement. Community Services Director Hagan invited any questions that the Council may have regarding the proposed agreement. Mayor Pro Tern Garofalo stated his support for the agreement. The Mayor thanked all those who participated in bringing this program into existence. City Administrator Ray Silver stated that all the departments led by Community Services Director Hagan are responsible for this effort. He stated that this program allows the city's painting program which had been discontinued because of budget cuts to resume. A motion was made by Dettloff, second Garofalo to approve the Strategic Alliance and Long Term Partnership Agreement With The Coca-Cola Bottling Company Of Southern California and authorize the Mayor and City Clerk to execute same. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None MAYOR PRO TEM DAVE GAROFALO — COUNCIL LIAISON REPORT — PUBLIC CABLE TELEVISION AUTHORITY (PCTA) Mayor Pro Tern Garofalo reported on his communication regarding the following Public Cable Television Authority (PCTA) issues: 1. Customer Service Standards/Complaints Received 2. Subscriber Count 3, Y2K Subject 4. Time Warner Internet Services ("Road Runner") APPRECIATION TO DIRECTOR OF PUBLIC WORKS AND CITY ADMINISTRATOR FOR QUICK RESPONSE TO GRAFFITI REPORTED AT CITY PARKS OVER THE WEEKEND Mayor Pro Tern Garofalo thanked Director of Public Works Beardsley and Assistant City Administrator Fallon for their quick response to the recent graffiti problem at the city's parks. GRAND OPENING OF CHIMAYO'S RESTAURANT Mayor Pro Tern Garofalo spoke regarding the successful grand opening of Chimayo's Restaurant at the pier. REVIEW OF CITY MANAGER'S CONFERENCE City Administrator Silver reported on subjects covered at the recent City Managers' Conference. Topics included the fact that cities are not on the Governor's priority list, loss of revenue from 276 02116/99 - CouncillAgencyMinutes- Page 7 Internet sales, that the Governor has indicated that he will sign the binding arbitration bill, mandatory social security payment by public employees, joining with other cities to lobby for their needs, and Smart Growth -a new way to deal with a 20 million person projected growth in California. (CITY COUNCIL) PUBLIC HEARING - AMENDED CITY FEE RESOLUTION AND APPROVE PARKING METER ZONE ORDINANCE - DAILY BEACH PARKING FEE - MAIN PROMENADE PARKING STRUCTURE FEE & PARKING METER FEE IN THE BUSINESS, RECREATION & RESIDENTIAL ZONES —INTRODUCTION OF ORDINANCE NO. 3414 AS RECOMMENDED BY DOWNTOWN MERCHANTS' ASSOCIATION APPROVED — ADOPTION OF RESOLUTION 99-9 AS RECOMMENDED BY DOWNTOWN MERCHANTS' ASSOCIATION (340.20) Mayor Green announced that this was the meeting set for a public hearing to consider the following: Public hearing to solicit community input regarding an increase in a portion of Community Services Department fees, specifically, the daily beach parking fee, fees for the Main Promenade Parking Structure, and parking meters in the business, recreation and residential zones - a resolution and ordinance amending a portion of the Community Services Department Fees. A communication dated 2/10/99 received from the Huntington Beach Chamber of Commerce offering comments for Council consideration was distributed to Council in the Council Packet. Legal notice as provided to the City Clerk's Office by staff had been published and posted. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Slide Report from the Community Services Department titled Parking Study Goals Community Services Director Hagan presented a staff report using the slide report distributed at the earlier study session portion of the meeting titled Parking Study Goals. Steve Daniel, Downtown Merchants' Association, addressed Council regarding the history of this subject and the manner in which the Downtown Merchants' Association has worked with the Community Services Department. Mr. Daniel informed Council that the Downtown Merchants' Association believes its proposal is a good proposal. At the request of Councilmember Harman, Mr. Daniel clarified how collecting a one dollar or so charge at 10:00 p.m, would help the city gain money as cars leaving late at night do not pay at all. Dick Harlow presented background information regarding how the parking structure was built to meet a more intense plan for the downtown area than had been realized. He reported on various other subjects on the parking structure including the parking structure debt. He stated that a more detailed letter is in the Council packet. Community Services Director Hagan addressed Council further on the matter. He stated that staff could support the rate comparison recommended by staff or that which is recommended by the Downtown Merchants' Association. 277 Page 8 - Council/Agency Minutes - 02/16/99 Considerable discussion was held between Council and the Community Services Director. Mayor Green declared the hearing open. There being no one present to speak further on the matter and there being no further protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Bauer, second Garofalo to adopt Resolution No. 99-9 — Alternate as recommended by the Downtown Merchants' Association -"A Resolution of the City Council of the City of Huntington Beach Amending City Fee Resolution No. 5159, as Amended, to Adjust the Daily Beach Parking Fee and the Fees for the Main Promenade Parking Structure." And further to approve introduction of (alternate) DTMA Ordinance No. 3414 as recommended by DTMA amending parking meter zone fees — "An Ordinance of the City of Huntington Beach Amending Section 10.60.020 of the Huntington Beach Municipal Code Regarding Parking Meters." And as amended to include a sunset provision for 6 months from the effective date of the ordinance (3131199). Further discussion was Feld. Councilmember Bauer spoke regarding the need for the Downtown Merchants' Association to work toward formation of a BID (Business Improvement District). It was then determined that the introduction of the ordinance would be amended so that the ordinance sunsets automatically from April 1, 1999. This amendment was made by Bauer and Garofalo. The motion made by Bauer, second Garofalo as amended carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: None (CITY COUNCIL) PUBLIC HEARING - ANNUAL REVIEW OF THE HOLLY-SEACLIFF DEVELOPMENT AGREEMENT BETWEEN CITY & PLC LAND COMPANY - DETERMINATION MADE THAT DEVELOPER AND CITY ARE IN COMPLIANCE — 1998 ANNUAL COMPLIANCE REPORT ACCEPTED AND EXECUTION AS A CERTIFICATE OF DEVELOPMENT AGREEMENT COMPLIANCE DIRECTED Mayor Green announce that this was the meeting set for a public gearing to consider the following: Applicant: City of Huntington Beach Request: Annual review of the Holly-Seacliff Development Agreement (No. 90-1) 1998 Compliance Report. Location: Approximately 450 acres located between Ellis Avenue on the north, Huntington Street on the east, Edwards Street on the west and the Seacliff Golf Course on the south. 278 02/16/99 - Council/AgencyMinutes- Page 9 Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Revised motion from Planning Director for public hearing items on Holly-Seacliff Agreement. Determine that the developer and the city are in compliance with the Holly Seacliff Development Agreement No. 90-1 by accepting the 1998 Annual Compliance Report and execute the Certificate of Development Agreement Compliance." The Certificate of Development Agreement Compliance is attached for review and signature. Senior Planner Mary Beth Broeren presented a staff report. Mayor Green declared the hearing open. Bill Holman representing PLC Land Company reported on the past year's accomplishment of the company. Discussion was held between Council and Mr. Holman regarding the time line for certain street improvements including the need to address Crystal Street. Mr. Holman also responded to Council's request to receive clarification on the status of the Green Acres water reclamation pipeline project and when Fountain Valley will make water available to Huntington Beach. Public Works Director Beardsley responded that an item relative to the Green Acres Project will be presented to Council in the near future. City Administrator Silver reported on matters relating to the Goldenwest-Edwards completion. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Sullivan, second Harman to "determine that the developer and the city are in compliance with Holly-Seacliff Development Agreement No. 90-1 by accepting the 1998 Annual Compliance Report and execute the Certificate of Development Agreement Compliance." The motion carried unanimously CONSENT CALENDAR --- ITEMS APPROVED Mayor Pro Tem Garofalo abstained from voting on Agenda Item E-12 On motion by Garofalo, second Dettloff Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT None (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency adjourned regular meeting of December 14, 1998, regular meetings of December 21, 1998 and January 4, 1999 and corrected page of October 19, 1998 as written and on file in the Office of the City Clerk. 279 Page 10 - Council/Agency Minutes - 02/16/99 (CITY COUNCIL) APPROVED TS RESTAURANTS REVISED LEASEHOLD AGREEMENT — (PIER PLAZA GROUP — DUKE'S RESTAURANT) (600.35) — Approved Landlord Consent And Estoppel Certificate For The Pier Plaza Group Leasehold and authorized the Mayor and City Clerk to execute same. (CITY COUNCIL) ACCEPTED THE MARINA HIGH SCHOOL SIDEWALK PROJECT — CC-1094 — NOBEST, INC. — NOTICE OF COMPLETION (600.70) -- Accepted the Marina High School Sidewalk Project, CC-1094 completed by Nobest, Inc. at a final cost of $55,227.00 and authorized the City Cleric to file a Notice of Completion with the County Recorder's Office. (CITY COUNCIL) APPROVED BID SPECIFICATIONS & AUTHORIZED SOLICITATION OF BIDS FOR THE REMEDIAL REPAIR OF ARTERIAL STREETS -- MSC-402 -APPROVED SAMPLE CONSTRUCTION PROJECT (600.50) —1. Approved the bid specifications for the remedial repair of Arterial Streets, MSC-402; and authorized the Public Works director to solicit construction bids. 2. Approved the attached Sample Construction Contract subject to award of contract to the lowest responsible bidder. (CITY COUNCIL) APPROVED NOTICE OF COMPLETION FOR RESURFACING OF VARIOUS LOCAL STREETS — ALL AMERICAN ASPHALT - MSC-397 & APPROVED ADDITIONAL EXPENDITURE (600.50) -- 1. Accepted these residential street improvements completed by All American Asphalt and authorized the City Clerk to file the Notice of Completion with the Orange County Recorder. 2. Approved an additional expenditure of $39,970 to cover the cost of final material quantities and the resurfacing of five additional streets. (CITY COUNCIL) AUTHORIZED THE PUBLIC WORKS DIRECTOR TO SIGN SOUTHERN CALIFORNIA EDISON LETTER OF APPROVAL FOR CITY TO HANG BANNERS ON SCE LIGHT POLES ON BEACH BOULEVARD, EDINGER TO ADAMS AVENUES (600.10) — Authorized the Public Works Director to sign the SCE letter dated January 4, 1999 regarding the use of SCE street light poles for decorative banners. (CITY COUNCIL) APPROVED REIMBURSEMENT AGREEMENT (STORM DRAIN) TRACT 13625 — OCEAN POINT PARTNERS) — PALM120"" STREET/WALNUTIGOLDENWEST (600.10) —Approved the Reimbursement Agreement Between The City Of Huntington Beach And Ocean Point Partners and authorized the Mayor and City Clerk to execute the agreement. (CITY COUNCIL) ACCEPTED THE UNDERGROUND STORAGE TANK REMOVAL & REPLACEMENT PROJECT; CITY YARD AND PARKS YARD — CC-1066'-- NOTICE OF COMPLETION —TAIT ENVIRONMENTAL SYSTEMS & APPROVED ADDITIONAL CAPITAL IMPROVEMENT FUND EXPENDITURE (600.80) —1. Accepted the Underground Storage Tank Removal & Replacement Project; City Yard and Parks Yard; CC-1066 at a final cost of $401,848.18 and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office; and 2. Approved an additional $31,522.18 in Capital Improvement Funds for the costs associated with disposal of contaminated soil. 280 02/16/99 - CouncillAgencyMinutes- Page 11 (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-10 — APPROVED AMENDMENT TO CITY CLASSIFICATION PLAN BY ADDITION OF TWO CLASSES (PRINCIPAL PLANNER) (DIRECTOR OF RESEARCH & ORGANIZATIONAL DEVELOPMENT) — DELETION OF ONE CLASS (HOUSING FINANCE SPECIALIST) (700.10) — Adopted Resolution No. 99-10 — "A Resolution of the City Council of the City of Huntington Beach to Amend the City Classification Plan by Adding Two New Classifications Entitled Principal Planner and Director of Research & Organizational Development and Deleting the Classification of Housing Finance Specialist." (CITY COUNCIL) AFFORDABLE HOUSING COVENANTS AND REIMBURSEMENT AGREEMENTS FOR THE PROMENADE AND CAPE ANN PROJECTS IN HOLLY- SEACLIFF - TRACT NOS. 15520 & 15531 - OLSON COMPANYiJOHN LAING HOMES (W.L. HOMES) (600.10) —1. Approved and authorized execution of the First Amendment To Declaration Of Conditions, Covenants, And Restrictions For Property to the affordable housing covenant and the Reimbursement Agreement for Promenade (The Olson Company) by the Mayor and City Clerk and directed the City Clerk to record with the Orange County Recorder the first amendment to the affordable housing covenant, and 2. Approved and authorized execution of Declaration Of Conditions, Covenants And Restrictions For Property (Resale Restrictions) the affordable housing covenant and Reimbursement Agreement for Cape Ann (John Laing Homes) by the Mayor and City Clerk and directed the City Clerk to record with the Orange County Recorder the affordable housing covenant. (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT WITH LAWRENCE ASSOCIATES FOR PLANNING SERVICES (CONTRACT PLANNER FOR PLANNING DEPARTMENT) FOR THE PALM AND GOLDENWEST AREA - APPROVED WAIVER OF PROFESSIONAL LIABILITY INSURANCE (600.10) — Approved the Professional Services Contract with the Settlement Committee recommendation to waive professional liability (insurance) between the city and Lawrence Associates subject to mutual agreement by the city and Lawrence Associates and authorized the Mayor and City Clerk to execute. Mayor Pro Tern Garofalo abstained from Lvoting on the following item. (Agenda Item E-12): (CITY COUNCIL) APPROVED REQUEST FOR LETTER TO BE SENT TO APPROPRIATE FEDERAL OR STATE LEGISLATORS VOICING THE CITY POSITION REGARDING PENDING LEGISLATION WHICH IS BEFORE THE FEDERAL OR STATE GOVERNMENT FOR CONSIDERATION -- AB-64 — PUBLIC BEACH ENHANCEMENT — SBA 0 — STREETS AND HIGHWAYS — OPPOSE AB-83 — HOME BUSINESS LICENSE FEES EXEMPTION — OPPOSE MANDATING SOCIAL SECURITY COVERAGE FOR STATE & LOCAL EMPLOYEES (120.70) — Approved the following actions: 1. Authorized the Mayor to send a letter to the author and appropriate State Legislative Committees that express support for AB-64 (Ducheny) and SBA 0 (Rainey). 2. Authorized the Mayor to send a letter to the author and appropriate State Legislative Committees that express opposition to AB-83 (Cardenas). 3. Authorized the Mayor to send a letter to Congressman Dana Rohrabacher and the entire California congressional delegation requesting their opposition to the proposal before Congress to mandate that all state and local governments become participants in the federal social security program. 281 Page 12 - Council/Agency Minutes - 02/16/99 (CITY COUNCIL) APPROVED ACQUISITION OF PROPERTY FROM S & C OIL COMPANY FOR GOLDENWEST STREET RIGHT-OF-WAY WIDENING BETWEEN ELLIS AVENUE & CLAY STREET — (HOLLY-SEACLIFF DEVELOPMENT AGREEMENT AREA) AP NO. 111-120-01 & AUTHORIZED ACCEPTANCE OF DEEDS (600.10) — 1. Approved the acquisition of AP No. 111- 120-01; and 2. Approved and authorized execution of the Agreement for Purchase and Sale of Real Property and Escrow Instructions by the Mayor and City Clerk; and 3. Accepted the attached easement deeds for the parcel described herein and authorized acceptance by the City Clerk with recording to follow through indicated escrow. (CITY COUNCIL) APPROVED APPOINTMENT OF PUBLIC WORKS COMMISSIONER — STANLEY PIECHOTA — TO FILL TERM VACATED BY WALLY CARROLL (110.20) — Appointed Stanley J. Piechota as recommended by Council Liaisons Pam Julien and Tom Harman to fill the remainder of Commissioner Wally Carroll's term which expires June 30, 2001. (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3412 — AMENDMENT TO CHAPTERS 9.20 H13MC RELATING TO PICKETING OF PRIVATE RESIDENCES Ordinance No. 3412 (640,10) —"An Ordinance of the City of Huntington Beach Amending Chapter 9.20 of the Huntington Beach Municipal Code Relating to Picketing of Private Residences." In response to Mayor Pro Tern Garofalo's questions, City Attorney Hutton stated that she believes this ordinance can be well defended. She quoted from Supreme Court Justice Black's statement on this subject. A motion was made by Sullivan, second Garofalo to amend the wording of the ordinance to change 300 feet to 50 feet. Police Chief Lowenberg reported at the request of Councilmember Dettloff. He stated that the Police Department is looking for a reasonable distance for picketing of private residences. He presented reasons why his department believes that 300 feet is necessary. The City Clerk read Ordinance No. 3412 by title "An Ordinance of the City of Huntington Beach Amending Chapter 9.20 of the Huntington Beach Municipal Code Relating to Picketing of Private Residences." She received confirmation from the City Council and City Attorney that as this ordinance has been amended regarding the number of feet allowed for picketing that Ordinance No. 3412 was being reintroduced. The motion made by Sullivan, second Garofalo carried by the following roll call vote: AYES: Julien, Garofalo, Harman, Sullivan NOES: Bauer, Green Dettloff ABSENT: None A communication dated February 10, 1999 received from Ron Davis, Attorney at Law providing comments on proposed Ordinance No. 3412 had been provided to the City Councilmembers in their agenda packet. y4 02/16199 - CouncillAgencyMinutes- Page 13 (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3413 — PERTAINING TO PEDESTRIAN CROSSWALKS/CURB SAFETY — Ordinance No. 3413 (640.10) — "An Ordinance of the City of Huntington Beach Amending Chapter 10.80 of the Huntington Beach Municipal Code Pertaining to Pedestrian Crosswalks." Police Chief Lowenberg reported on the reasons for this proposed ordinance stating that there is a safety issue. In response to Mayor Pro Tern Garofalo, Police Chief Lowenberg reported on how this would not be workable in the downtown area. What is meant for example for locations such as Beach Boulevard and Edinger Avenue where a person is selling flowers in the middle of a median or at Beach Boulevard and Warner Avenue or other such locations. Councilmember Dettloff stated that she had just seen a family of four in the median attempting to cross the street and had been fearful for their safety. The City Clerk read Ordinance No. 3413 by title "An Ordinance of the City of Huntington Beach Amending Chapter 10.80 of the Huntington Beach Municipal Code Pertaining to Pedestrian Crosswalks A motion was made by Garofalo, second Dettloff to approve introduction of Ordinance No. 3413. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) FUTURE OF YOUTH SPORTS IN HUNTINGTON BEACH - CITY ADMINISTRATOR TO RETURN WITH REPORT NO LATER THAN JUNE 21, 1999 (920,10) The City Council considered a communication from Mayor Pro Tern Garofalo and Councilmembers Harman and Dettloff regarding the many issues dealing with the future of youth sports in Huntington Beach. City Council and staff are working very hard to make the sports complex in Huntington Central Park a reality. The city is currently in the process of developing a long-term planning document entitled "Youth Sports !Needs Assessment Study." The city and school districts are working together to resolve issues dealing with closed school sites, athletic field improvements on school property, meeting aquatic needs, lighting of school fields, and shared use facilities. Finally, the city is trying to develop a policy for field allocation that will meet the needs of the growing youth sports population. Following considerable discussion a motion was made by Bauer, second Dettloff to direct the City Administrator to return no later than June 21, 1999 to City Council with a complete report relative to adult/youth sports. Councilmember Bauer presented reasons for his motion. Considerable discussion was held. Councilmember Harman stated that perhaps the staff could obtain a copy of the priority list and that no additions be made to it; that the staff does not have the resources to handle more issues. Discussion was held regarding the need for the Community Services Department to have additional staff for the next couple of years to assist with the workload. The motion made by Bauer, second Dettloff carried unanimously. 283 Page 14 - Council/Agency Minutes - 02/16/99 (CITY COUNCIL) URBAN FOREST PROJECT PROPOSAL AT SHIPLEY NATURE CENTER - RECOMMENDED ACTION DENIED (920,60) The City Council considered a communication from Councilmember Harman regarding the need to re-establish an urban forest on the 18-acre Shipley Nature Center and informing Council that the Huntington Beach Tree Society along with scouting groups, service clubs, schools, and other community organizations would love the opportunity to help with the replanting. If the city were to clear and prepare the site, volunteers could raise the funds for trees and do the replanting. People could dedicate trees in memory of loved ones or for community service projects. This could be a true community effort. Councilmember Harman presented reasons why he had placed this item on the Council agenda. He stated that the Eagle Scouts and the Huntington Beach Tree Society are interested in this project which would result in no cost to the city except clearing the land. A motion was made by Harman, second Green to approve the following action to direct staff to develop an Urban Reforestation Program for the four acres of Shipley Nature Center that once was the Monterey Pine Forest to include: 1. A cost estimate for clearing and preparing the site 2. A cost estimate for preparing a planting plan 3. Guidelines for community involvement 4. Possible funding sources for implementation and return to City Council for further action Councilmember Harman spoke further regarding the matter stating that if people are allowed in this area it could be a liability issue. City Administrator Silver stated that Daryl Smith, Superintendent, Park, Tree, and Landscape Division, can work with Community Services Department staff regarding this matter. Councilmember Bauer stated that he believes that this project must compete with other projects as this project will displace another project. The motion made by Harman, second Green failed by the following roll call vote: AYES: Harman, Sullivan, Green NOES: Dettloff, Bauer, Julien, Garofalo ABSENT: None (CITY COUNCIL) YOUTH SPORTS— MEADOWLARK AREA— NO ACTION TAKEN (920.10) The City Council considered a communication from Councilmember Bauer regarding the need for youth sports in the Meadowlark area. Councilmember Bauer presented reasons why he had placed this item on the Council agenda. 284 02/16/99 - Council/AgencyMinutes- Page 15 Councilmember Bauer stated his disagreement with the Fire Chief regarding the safety issue as presented by the Fire Chief at a previous meeting on the Meadowlark Development Project. Councilmember Sullivan stated that he believes that this is inappropriate and that this matter will be considered in six days as a scheduled item before the City Council. No action was taken. ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY A motion was made to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, February 22, 1999 at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk1Clerk Z-111010� 49-A?� - 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 285