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Home My WebLink About1999-03-29MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH = ADJOURNED REGULAR MEETING 5:00 P.M_ — Room B-8 7:00 P.M. — Council Chamber Civic Center, 2000 Main Street Huntington Beach, California Monday, March 29, 1999 A videotape 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 Green called the adjourned regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Green, Dettloff, Harman, Sullivan Absent: Garofalo PUBLIC COMMENTS REGARDING CLOSED SESSION AGENDA ITEMS There were no persons present to address Council regarding the closed session items scheduled on the agenda. RECESS TO CLOSED SESSION By Council consensus, Mayor Green recessed the meeting to closed session on the following items: Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Uebert, 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) Closed Session — City Council pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiators, Melanie Fallon, David Biggs, and Murray Kane, regarding negotiations with John Givens and Shaul Kuba, CIM Group, LLC conceming the sale and/or lease of the property located at Block 104 & 105; hounded by PCH, Main Street, Walnut & 6th Street. (120.80) (Mayor Pro tem Garofalo, later in the meeting, answered that he had abstained from participation in this matter.) 373 03129/99- Council/Agency Minutes- Page 2 RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING Mayor Green reconvened the adjourned regular meetings of the_City Council and - Redevelopment Agency in the Council Chamber at 7:00 p.m. - FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by Mayor Green. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None A motion was made by Julien, second Garofalo and unanimously carried to consider the following agenda item out of order: (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3415 - ZONING TEXT AMENDMENT NO. 97-041/ZONING MAP AMENDMENT NO. 97-01 AND NEGATIVE DECLARATION NO. 97-21 (MEADOWLARK SPECIFIC PLAN AMENDMENT) (450.20) - Adopt ORDINANCE NO. 3415 -An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending the Meadowlark Specific Plan (Zoning Text Amendment No. 97-04; Zoning Map Amendment No. 97-01)." (Introduction approved on 3/15/99.) A motion was made by Julien, second Garofalo to adopt Ordinance No. 3415 after reading by title by the City Clerk - "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending the Meadowlark Specific Plan (Zoning Text Amendment No. 97-04; Zoning Map Amendment No, 97-01)." The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: None 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 which had been received following distribution of the agenda and which relate to items on the agenda: Communication from Mayor Pro Tern Dave Garofalo dated March 29, 1999 titled Subject. Late Communication regarding Additional Motion to be considered with Agenda Item No. 1 at the March 29, 1999 City Council Special Meeting Slide report covering Agenda Items No. 1 and 2 titled Development Agreement and PUC Proceedings 374 03129199 — Council/Agency Minutes— Page 3 PUBLIC COMMENTS JUANA MUELLER, representing the Bolsa Chica Land Trust, informed Council of her opposition to annexation if it means building houses on the mesa; however, she favors annexation if it means open space preservation. LINDA MOON, Vice President of Amigos de Bolsa Chica, commended Council for the staff report and offered their organization's assistance and any information that the Council may need. TERRY A. DOLTON, representing Amigos de Bolsa Chica, requested that Council consider dedication of the bluff buffers to public ownership. (CITY COUNCIL) APPROVED BOLSA CHICA PRE -ANNEXATION AGREEMENT NEGOTIATING ISSUES BETWEEN CITY & HEARTHSIDE HOMES & AUTHORIZE STAFF TO NEGOTIATE PRE -ANNEXATION AGREEMENT — ITEM NO. 38 (WATER ISSUE) SUBMITTED BY COUNCILMEMBER JULIEN APPROVED FOR INCLUSION (AS REVISED) The City Council considered a communication from Assistant City Administrator Fallon and Planning Director Zelefsky relative to pre -annexation negotiating issues submitted to staff by the City Council as a result of the February 22, 1999 City Council meeting. The issues identified by the City Council will be included in draft pre -annexation agreement negotiations with Hearthside Homes. Attachment No. 1 (Bolsa Chica Pre -Annexation Agreement Negotiating Issues Matrix) and Attachment No. 2 (Bolsa Chica Issues For Consideration In Pre -Annexation Negotiations With Hearthside Homes) available to the public at the City Clerk's Office. A draft of the City Council meeting minutes of February 22, 1999 was included in the agenda packet for Council's information. Assistant City Administrator Fallon presented a staff report. Mayor Pro Tern Garofalo referred to his communication dated March 29, 1999 titled Subject: Late Communication regarding Additional Motion to be considered with Item No. 1 at the March 29, 1999 City Council Special Meeting which had been announced earlier in the meeting by the City Clerk. A motion was made by Garofalo, second Julien to adopt the proposed motion as set forth in Councilmember Garofalo's late communication as follows: That Council exclude domestic water as a public service by the city in any pre -annexation discussion/agreement. Councilmember Dettloff presented reasons why she could not vote in favor of the motion. Councilmember Garofalo presented information in support of his motion. A vote was taken on the motion made by Garofalo, second Julien which failed by the following roll call vote: AYES: Julien, Green, Garofalo NOES: Dettloff, Harman, Sullivan, Bauer ABSENT: None 375 03129199— Council/Agency Minutes— Page 4 A motion was made by Garofalo, second Julien to approve the recommended action as follows: 1. Approve items from Attachments No. 1 and 2 to the Request for Council Action dated -March 29, 1999 that staff will include in draft pre -annexation agreement negotiations with Hearthside; and 2. Authorize staff to negotiate a draft pre -annexation agreement with Hearthside Homes based on the negotiating strategy approved by City Council in Motion 1; and 3. Authorize staff to return to the City Council with a draft pre -annexation agreement or status of our negotiations in a pre -annexation agreement with Hearthside Homes on or before June 1, 1999. Councilmember Sullivan presented reasons why he believed Item No. 38 (Attachment No. 2 Page No. 14 to the RCA dated March 29, 1999 as submitted by Councilmember Julien should be deleted (Item No. 38 —Develop a plan for water service that provides economic benefits to the City of Huntington Beach that utilizes either a Southern California Water Company pipeline or a City of Huntington Beach connection if adequate resources are available). Councilmember Julien presented reasons why she believed Item No. 38 should remain. Councilmember Bauer presented reasons why he believed there is no value to retaining Item No. 38. Ron Van Blarcom, representing Mc Namara, Van Blarcom, McClendon and Leibold, P.C., responded to Councilmember Sullivan regarding use of Southern California Water Company pipelines that are not included in the Public Utilities Commission application. Discussion was held between City Councilmembers. Councilmember Julien stated the intent of Item No. 38. Mr. Van Blarcom concurred with the concern of Councilmember Dettloff that by taking No. 38 off the table that it would seem that Council was denying negotiations on water. Assistant City Administrator Fallon referred to the various water issue items listed in the staff report which she thinks addresses the concern that the water issue is on the table. She spoke regarding the differences between these water issue items and Item No. 38 submitted by Councilmember Julien. A motion was made by Sullivan, second Harman to use the major headings set forth in the Request for Council Action Attachment No. 1 titled Bolsa Chica Pre -Annexation Negotiating Issues dated March 29, 1999 and to not use that document's Issue Summaries. Fallowing discussion the motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green Dettloff, Harman, Sullivan NOES: None ABSENT: None 376 03/29/99 — Council/Agency Minutes— Page 5 A motion was made by Sullivan, second Harman to instruct staff to return to Council with Hearthside Homes specific responses to each individual negotiating point approved by the Council which pertains to Hearthside Homes. The motion carried by the following roll call -vote: AYES: Julien, Bauer, Garofalo, Dettloff, Harman, Sullivan NOES: Green ABSENT: None The main motion made by Garofalo, second Julien to approve items from Attachments No. 1 and 2 to the Request for Council Action dated March 29, 1999 that staff will include in draft pre - annexation agreement with Hearthside minus Item No. 38 submitted by Councilmember Julien; to authorize staff to negotiate a draft pre -annexation agreement with Hearthside Homes based on said negotiation strategy approved by City Council; to authorize staff to return to the City Council with the draft pre -annexation agreement or status of negotiations in a pre -annexation agreement with Hearthside Homes on or before June 1, 1999 and as amended by the previous two motions made by Sullivan and second Harman carried by the following roll call vote: AYES: Bauer, Garofalo, Green Dettloff, Harman, Sullivan NOES: Julien ABSENT: None Mr. Van Blarcom, representing McNamara, Van Blarcom, McClendon and Leibold, P.C, addressed Council regarding Item No. 38 submitted by Councilmember Julien. A motion was made by Julien, second Garofalo to amend Item No. 38 by adding the following words: "utilizing the best method of delivery including investigation of adequate resources of the city of Huntington Beach", so that Item No. 38 reads as follows: Develop a plan for water service that provides economic benefit to the city of Huntington Beach thatems adequate Feso r-Ges are avail.,!utilizing the best method of delivery including investigation of adequate resources of the city of Huntington Beach. Councilmember Dettloff presented reasons why she opposed this revision. Mr. Van Blarcom responded to Councilmember Garofalo's question. Mr. Van Blarcom stated that he feels confident that the Councils motions will not be interpreted that Southern California Water Company will not be considered. The motion to amend Item No. 38 made by Julien, second Garofalo carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Harman, Sullivan NOES: Dettloff ABSENT: None City Administrator Silver reported on the item. Councilmember Hannan corrected the typographical error on M-27 on the matrix to read as follows: "Hearthside Homes should pay LAFCO fees". 377 03129199— Council/Agency Minutes— Page 6 (CITY COUNCIL) AUTHORIZED FILING A STATEMENT WITH PUC ADDRESSING PROCEDURAL MATTERS AND REPORTING ON THE PROGRESS OF PRE -ANNEXATION AGREEMENT NEGOTIATIONS WITH HEARTHSIDE HOMES _ The City Council considered a communication from City Attomey Hutton and Assistant City Administrator Fallon informing Council that the city has recently received a Scoping Memo and Ruling of Assigned Commissioner (Attachment No. 1 to the Request for Council Action dated March 29, 1999) from the Public Utilities Commission (PUC) which contains a series of rulings pertaining to the city's protest of the applications by the Southern California Water Company (SCWC) to provide water and sewer service to the Bolsa Chica Planned Community. Transmitted for Council was a staff summary report regarding the PUC's rulings and a schedule of proceedings. Ron Van Blarcom, representing Mc Namara, Van Blarcom, McClendon and Leibold, P.C., reviewed the slide report covering Agenda Items No. 1 and 2 titled Development Agreement and PUC Proceedings which had been announced earlier in the meeting by the City Clerk. Discussion was held between Council and Mr. Van Blarcom. Public Works Director Beardsley reported on two professional support staff consultants who are providing help to analyze the water and sewer infrastructure needs. A motion was made by Garofalo, second Julien to authorize staff to file a statement with the Public Utilities Commission (PUC) at the prehearing conference scheduled for April 22, 1999 addressing procedural matters and reporting on the progress of pre -annexation agreement negotiations with Hearthside Homes. The motion carried unanimously. Mayor Pro Tem Garofalo announced that he had abstained from participation earlier in the meeting on the closed session item relative to Block 104 and 105 as follows: Closed Session — City Council pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiators, Melanie Fallon, David Biggs, and Murray Kane, regarding negotiations with John Givens and Shaul Kuba, CIM Group, LLC concerning the sale and/or lease of the property located at Block 104 & 105; bounded by PCH, Main Street, Walnut & 61h Street. (120.80) 378 03/29/99 — Council/Agency Minutes— Page 7 ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY A motion was made to adjourn the adjourned regular meetings of the City Council andihe- Redevelopment Agency of the City of Huntington Beach to Monday, April 5, 1999 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: 4� 69l'r' City Clerk/Clerk City Clerk and ex-officio Clerk o the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ayorl airman 379