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HomeMy WebLinkAbout1999-04-19MINUTES 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 Monday, April 19, 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, Garofalo, Green, Dettloff, Harman, Sullivan, (Julien and Garofalo arrived at 5:05 p.m.) Absent: None PUBLIC COMMENTS REGARDING STUDY SESSION & CLOSED SESSION AGENDA ITEMS There were no persons present to address Council regarding the study session and closed session items scheduled on the agenda. (CITY COUNCIUREDEVELOPMENT AGENCY) STUDY SESSION - REVIEW OF PUBLIC WORKS PROJECTS STATUS AND FUNDING The following late communications were distributed to Council as part of the study session: Communication from the Public Works Department transmitting a Project Delivery Summary dated April 19, 1999. Slide report date April 19, 1999 titled Public Works Capital Projects. Original and revised document titled Completed Construction Projects from October 1, 1997 to September 30, 1998. Public Works Director Beardsley presented a staff report referring to the slide report titled Public Works Capital Projects. He also referred to wall diagrams. The slide report presented by Public Works Director Beardsley covered subjects including: Funding Sources and Schedules, Gas Tax Fund, Measure M Fund, General Fund, Local Street and Highway Projects, Flood Control Project, Sewer Projects, Comprehensive Capital Project Schedule, and Flood Control Projects. Discussion was held between Council and the Public Works Director regarding the report, including discussion on whether any of the projects would be joint projects and whether the projects fit in with the work of the Infrastructure Advisory Committee. 426 Page 2 - Council/Agency Minutes—4119/99 City Engineer Eichblatt reported on the transfer of funds to the General Fund from the Gas Tax Fund. City Administrator Silver reported on the areas in which Gas Tax funds can be used and are eligible to be put in the General Fund as they are connected with street repair and maintenance. City Engineer Eichblatt reported on a document titled Completed Construction Projects from October 1, 1997 to September 30, 1998. A copy of the document was distributed to each Councilmember. Mayor Pro Tem Garofalo spoke regarding the goal of putting the city on an Enterprise Fund basis. Councilmember Sullivan stated the two main concerns he hears from the citizens are the condition of the Huntington Beach Mall and the condition of the arterial streets, He spoke regarding the need to get the arterial street work done. Don Noble, Maintenance Operations Manager, spoke regarding the 750 miles of street repairs done within the last 18 months. He spoke regarding the budget for repairs and other aspects of the matter. Councilmember Bauer spoke regarding the decrease in Orange County Arterial Highway Financing Program funding due to the bankruptcy, and how the Orange County Transportation Authority is handling the funds now that it has been assigned to that agency. Councilmember Bauer commented that the city is not getting back what it puts into the program. City Administrator Silver informed Council that he would return with a report on where the Gas Tax money is distributed, on the bankruptcy effect and on the six items in Councilmember Harman's previous memorandum. Councilmember Bauer commented on the manner in which the Orange County Flood Control District funds money. He questioned whether the procedure could be improved if all the cities in Orange County banded together. The City Administrator reported on staffs work to investigate this subject. MOTION TO RECESS TO CLOSED SESSION - APPROVED A motion was made by Sullivan, second Harman 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 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is City of Huntington Beach v. State Board of Control; Board of Administration of the Public Employees' Retirement System, Orange County Superior Court Case No. 779958, 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) 427 04119/99 - Council/Agency Minutes- Page 3 (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) (City Council) 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.) The City is currently involved in the State Board of Equalization's Administrative rule -making process regarding the property tax assessment and jurisdiction over deregulated power plants, including the AES plant in Huntington Beach. Subject: Property Tax Assessment of AES Power Plant. (120.80) (City Council) Closed Session -- City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Michael Willett v. City of Huntington Beach, Workers' Comp Case No. 0069830, City Claim No. COHB 97-0211. Subject: Michael R. Willett v. City of Huntington Beach. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City v. Elliot, et al. — Orange County Superior Court Case No. 79 42 72. Subject: City v. Elliott, et al. (120.80) (Redevelopment Agency) Closed Session — City Council pursuant to Govemment Code Section 54956.8 to give instructions to the agency's negotiators, Melanie Fallon, David Biggs, and Ray Silver, regarding negotiations with John Genovese and Lori Gato, concerning the purchase/sale/or lease of the property located at 7777 Edinger Avenue. Instruction will concern: Both price and terms of payment. Subject: Negotiations for terms of a proposed Disposition & Development Agreement. (520.80) (Redevelopment Agency) Closed Session — City Council pursuant to Government Code Section 54956.8 to give instructions to the agency's negotiators, Melanie Fallon, David Biggs, and Ray Silver, regarding negotiations with Join Givens and Shaul Kuba, CIM Group, LLC. Concerning the Disposition and Development Agreement including the Sale and/or Lease of the property located at Block 104 & 105; bounded by PCH, Main Street, Walnut & 6"' Street. Instruction will concern: Both price and terms of payment. Subject: Real Property Negotiation Blocks 104 & 105. An area bounded by PCH, Walnut, Main & 6t" Street in the City of Huntington Beach. (520.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Nammad v. City of Huntington Beach — Orange County superior Court Case No. 769183 (Consolidated with Case No. 778724). Subject: Nammari v. City of Huntington Beach, (120,80) RECONVENE CITY COUNCILIREDEVELOPM ENT AGENCY MEETING The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:22 p.m. in the Council Chamber. 428 Page 4 - Council/Agency Minutes —4119199 CITY ATTORNEY'S REPORT OF ACTIONS TAKEN BY THE CITY COUNCIL IN CLOSED SESSION PURSUANT TO (GOVERNMENT CODE 954957.1(A) (3) (B)). City Attorney Hutton reported that on Monday, April 19, 1999 the City Council convened in closed session to discuss the matter of the State Board of Equalization Administrative Rule Making regarding property assessment of the AES Power Plant (formerly Edison Power Station). The City Council gave its approval to initiate or intervene in an action regarding this subject if the City Attorney later determines that such action is necessary or appropriate. The action, the defendants, and other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize its ability to effectuate service of process on one or more served parties or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. The action was taken by unanimous vote of the full Council. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None INVOCATION — By Rabbi Aron David Berkowitz, Congregation Adat Israel, Huntington Beach FLAG CEREMONY AND PLEDGE OF ALLEGIANCE — By Brownies and Junior Girl Scouts from St. Bonaventure Catholic School. CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THIS 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: Revised Agenda Page 10, Item E-5 of the agenda adding three additional bills for Council consideration, SB23 (Perata), SB32 (Peace) and AB1626 (Migden) Revised agenda Page 10 from the City Clerk correcting a typographical error on Item E-5, AB23 (Perata) to SB23 (Perata). The description of the bill is correctly described on the agenda Communication from the Public Works Department transmitting a Project Delivery Summary dated April 19, 1999 Slide report dated April 19, 1999 titled Public Works Capital Projects Original and revised document titled Complete Construction Projects from 10-1-97 to 9-30-98 Correct page C-3.2 for Monthly Investment Report for February, 1999 Slide Report dated April 19, 1999 from the City Treasurer titled Treasurer's Report 429 04/19/99 - Council/Agency Minutes- Page 5 Slide show presentation from the Planning Director titled General Plan Amendment No. 99-1, Zoning Text Amendment No. 99-1, Zoning Map Amendment No. 99-1, Local Coastal Program Amendment No. 99-1 Communication from the City Attorney dated April 19, 1999 regarding a Revision of Exhibit No 1 for Agenda Item D-3 Regarding Certification of Delinquent Civil Fines Communication from the City Attorney dated April 19, 1999 titled Redevelopment Issues, FPPC, Conflict of Interest, Redevelopment Communication from Administration dated April 19, 1999 transmitting a communication from the California State Senate titled Current Session Legislation Measure Analysis Communication from the Economic Development Director dated April 13, 1999 forwarding the Citizen Participation Advisory Board Policy Recommendations regarding the City's two Section 108 Loans from the Waterfront Project and the City Gym and Pool. The communication is titled CPAB Policy Recommendations Regarding Section 108 Loans. Communication from the City Attorney's Office dated April 16, 1999 transmitting the consent document from Imperial Bank, the First Trust Deed holder in connection with the Moia collection matter. Said communication titled Mola Settlement Agreement Communication from Mary Ellen Houseal, Huntington Beach Art Center Foundation Board Meber dated April 16, 1999 in opposition to the proposed reorganization of the Cultural/Event Services Division Slide report from Community Services Director dated April 19, 1999 titled Community Services Department Reorganization Slide report from the Community Services Director titled Turn of the Century Year 2000 Celebration Communication from the City Attorney dated April 19, 1999 titled Fair Political Practices Commission Conflict of Interest PRESENTATION -- To Mayor Green and City Council - Introduction by The Women of Action, Huntington Beach Chamber of Commerce of Miss Huntington Beach and her court. Miss Huntington Beach — Christina Nguyen, sophomore at Orange Coast College; 1" Runner Up -- Piper Ellen Taylor, freshman at Golden West College; 2"d Runner Up — Kimberly E. Davis, senior, Edison High School. PRESENTATION — To Mayor Green and City Council by George Cross and Lloyd Skaggs, H.B. Community Clinic Support Group - announcement of the Community Clinic's Duck -A -Thou on May 151h, 1999 and the Mayor's Challenge Duck Race. PRESENTATION — Of Mayor's Award - To Sue Timon, Deputy City Clerk, City Clerk's Office, in recognition of her work in administering the City Clerk's Volunteer Program, Ms. Timon introduced the following volunteers whose contributions are greatly valued by the City Clerk's Office: Betty Walker, former City employee, Jeffrey Hughes and Gary Tibbet. 430 Page 6 - Council/Agency Minutes—4119/99 Mayor Green spoke regarding the enormous value that volunteers provide to the city and community. He presented the Mayor's Award to Sue Timon, Deputy City Clerk for her exemplary service and in recognition of outstanding public service to the people of Huntington Beach. PRESENTATION — By Mayor Green, Fred Waterfall, Simple Green, Director of Community Services, Ron Hagan and Tim Turner, Beach Division, presentation of checks from Simple Green to the following Adopt -A -Beach Volunteers: Janet Colley, Blessed Sacrament School, Wayne Wolf, Bolsa Chica Land Trust; Patty McGehee, Costa Mesa High/GWC Transition Class; Don Grizwold, Council on Aging; Judy Rinker, Cub Scout Pack #278; Lori Houpt, Cub Scout Pack #284, Cindy Perez, Cub Scout Pack #290; Rondi Nuno, Cub Scout Pack #470; Tony Marcova, D.I.V.E.R.S; Paul MacLeith, Huntington Beach Exchange Club; Jeff Button/ Wyen Tran, HBHS CA Scholarship Federation; Andy Verdone, HBHS Surf Team; Sue Gottlieb, HH Philharmonic Juniors; Linda Hayward, Mesa View Middle School; Tracy Boyd, Orange Coast College DMS; Dan Kaiahua, OVHS Surf Team; Karen Snow, YMCA Indian Maidens. PUBLIC COMMENTS MARY ELLEN HOUSEAL, Huntington Beach Art Center Foundation Board Member, informed Council of her opposition to the item scheduled on the agenda regarding reorganization of the Cultural and Events Services. She stated that she believes this was being done behind closed doors. Ms. Houseal spoke regarding what she believes will be the detrimental effect on the Art Center. She requested that Council deny the recommended action stating that the group will return with recommendations as they are a very creative group. LINDA MOON informed Council that she completely understands the city's need to tighten its belt but feels that the method proposed will have a very detrimental effect on the Art Center. She spoke regarding the ways in which the Art Center is an original and different from others which is an attraction to the public. She stated that the art displayed at the center should not be expected to be the art you would find displayed over your living room sofa_ EUNICE NICHOLSON, member, Huntington Beach Art Center Foundation Board, spoke in opposition to the agenda item regarding reorganization of the Cultural Events and Services stating that she had first learned about it in an article in the Los Angeles Times. She addressed Council regarding the budget of the Art Center. DENNIS DAVENPORT addressed Council regarding the agenda item relative to the proposed agreement with Pulse Marketing for a financial study of a gun range proposal. Mr. Davenport informed Council that he believes this is an important step forward for Huntington Beach. MILTON VAUGHT, NRA Member, spoke in support of the agenda item relative to an agreement with Pulse Marketing for a financial study of a gun range proposal. He stated that it will attract outside agencies, thus making the streets of Huntington Beach safer; also other agencies will schedule their meetings in Huntington Beach which will help the bed tax and sales tax revenue. WILLY RIDDELL spoke in support of the agenda item relative to the proposed agreement with Pulse Marketing for a financial study of a gun range proposal. He stated he believes this gives the potential to train officers in the city. 431 04/19/99 - Council/Agency Minutes- Page MIKE WHITNEY stated his support for the agenda item relative to the proposed agreement with Pulse Marketing for a financial study of a gun range proposal and thanked Council for their efforts on behalf of this item. BRIAN LA SALLE spoke in favor of the agenda item regarding the proposed agreement with Pulse Marketing for a financial study of a gun range proposal. He also informed Council of his support for recreational shooting at the range. JEFF LEBOW, member,Citizen's Participation Advisory Board, stated that a small number of hospitality industry jobs will be the sole benefit of the Section 108 loan to the Waterfront. He requested that the City Council instruct the City Administrator to direct that 50% of the funds benefit low and moderate income persons and also that an employee outreach program be established so that Huntington Beach residents can benefit from the jobs. He requested that Council look toward the future and put aside 10% of the Transit Occupancy Tax (T.O.T.), and property tax increment from the Waterfront Hotel so that low and moderate income people will benefit and Council will leave a legacy in this regard. DAVID BREES, Oakview Property Owners' Association, urged the City Council to adopt the fee recommendations as set forth in their communication announced earlier in the meeting by the City Clerk regarding the Section 108 loans from HUD to the city. He spoke regarding the need to ensure that the recommended percentage of the projected revenues of the Ocean Grand Resort (Waterfront Hotel) be spent on projects and programs to serve low and moderate income residents in neighborhoods of Huntington Beach for the next 20 years. WILLIAM BERNARD read from a government document pertaining to the proper uses for Section 108 HUD funds, He stated that he does not believe the Section 108 loan money for the Waterfront Hotel falls into any of these categories and questioned whether the City Attorney had looked into the matter. Mr. Bernard informed Council that he believes this is corporate welfare and questioned where low income people will locate housing in Huntington Beach. Councilmember Bauer stated that these loans were discussed in the presence of HUD representatives who recommended that the city take this action. Mayor Pro Tem Garofalo stated that the Department of Housing and Development had informed the City Council that this plan would serve as a model. Economic Development Director Biggs reported on the matter at the request of Councilmember Dettloff, stating that 20% of the tax would be retained to rehabilitate low and moderate income housing developments. RICHARD ARMENDARIZ past member of the Citizens Participation Advisory Board, spoke regarding the funds that will be used to pay off the City Gym and Pool which will reduce funds to other projects. He stated that they are requesting that Council set aside 10% of revenue from the Waterfront project to use for low and moderate income projects. FRAN ANDRADE informed Council that she was present tonight as a representative of the people in the Oakview area with whom she has worked with for the past 30 years. She spoke regarding her support for the CPAB recommendations particularly Item No. 3 —that the City Council direct the City Administrator and staff to approve the use of 10% of the Ocean Grand Resort (Waterfront Hotel) project revenues for projects and programs to serve low and moderate income residents in neighborhoods of Huntington Beach for the next 20 years. She 432 Page 8 - Council/Agency Minutes—4/19/99 recommended that Council look ahead 20 years and see that the money will be needed, and cited the example of the Oakview area. JOHN LYNCH, NRA Member, presented the Council with documents. He questioned whether it is legal under the Brown Act to take action on Assembly BIII 23 (Perata) when because of a typographical error the agenda should have reflected SIB 23 (Perata). He paraphrased the City Attorney's response to him earlier in the day on the matter; that the Senate Bill had been described accurately on the agenda even though a typographical error had been made on the initials of the bill. Mr. Lynch then presented his opposition to the Senate Bill 23 citing an example of reference to flash suppressors. (Senate Bill 23 relates to large capacity magazines relative to firearms.) WILLIAM MC KEE stated that Senate Bill 23 (Perata) scheduled for action later on the agenda is too broad and that it does not make sense to penalize the citizens. He stated that it will only affect law abiding citizens. NANETTE MARKHAM stated that the criminal will not follow the law proposed in Senate Bill 23. She requested Council to contact their legislators and voice opposition to this senate bill scheduled for Council action later on the agenda. JOHN FORT informed Council that he has not received information on the Intergovernmental Relations Committee meetings and requested that he be notified of these meetings as before. He spoke regarding Senate Bill 23 (Perata), scheduled later on the agenda. He stated reasons for his opposition. Mr Fort urged Council to oppose this legislation and to so inform the state legislators. MARVIN MARKHAM stated that relative to Senate Bill 23 (Perata) that this type of gun has been in the country for 75 years with no problems. He stated that crime has gone down in past years and perhaps that is because citizens can carry weapons. Mr. Markham stated opposition to Senate Bill 23 scheduled for Council action later on the agenda. CHUCK MC KINLEY spoke in opposition to Senate Bill 23. He presented the examples of the experiences of Australia as result of disarmament, citing rising crime statistics. RUSSELL REINHART, member Huntington Beach Police Officers' Association, spoke in opposition to the action on the agenda which recommends Council opposition to Senate Bill 32 (Peace) which would make hepatitis a presumptive disease under Worker's Compensation for public safety officers. He informed Council that the state mandated language has been deleted from the bill which is the reason why he believes a recommendation for Council opposition had been made_ Mr. Reinhart stated reasons why he believes the bill, as amended, should be supported by Council. He recommended that Council read the amended bill and support it. MANNY ROTHSTEIN stated opposition to Senate Bill 23 (Perata), stating that others oppose it including Assemblyman Scott Baugh, State Senator Johnson and the Huntington Beach Republican Assembly. DIANE EASTMAN distributed a document to Council which had an item attached that she stated would be considered an assault weapon under SB 23 (Perata). She related a story of a burglary attempt at her home. She stated that the gun she had acquired following the burglary would now be considered an assault weapon. Ms. Eastman requested that Council not take away her rights to protect her family, herself, and her home. 433 04/19/99 - Council/Agency Minutes- Page 9 GARY HAAS, Project Area Committee member, Main Pier Redevelopment Project sub area, spoke regarding the Statement of Economic Interests that Project Area Committee members are required to complete. He requested that Council exclude the Project Area Committee from this requirement. RICHARD EDMONSTON, Oakview Property Owners' Association, requested that Council support the CPAB recommendations relative to the use of Section 108 HUD bans for the Ocean Grand Resort (Waterfront Hilton) and the City Gym and Pool; actions which are to be taken later on the agenda. He stated that if some of the recommendations are not going to be approved, he would urge that at least Recommendation No. 3 be approved which would be better for revenue than that described by the Economic Development Director. VIRGINIA SIMS spoke regarding an article in the local paper that she believes contains comments by a Councilmember that did not respect the views of others relative to Wal-Mart, she stated that respecting other peoples' opinions and freedom of speech, either in favor or against, is allowed in America. JASON EWELL distributed material to Council. He spoke regarding his mobile glass tinting business which he runs from his home. He spoke regarding the fine he had received from the city and his efforts to have the citation rescinded. Mr. Ewell stated that the City Attorney had upheld the citation. He informed Council of the rude reception he had received while at City Hall. He spoke regarding death threats he had received and presented Council with substantiating material. Said material was presented to the City Clerk. DR. JUDY OSAKO informed Council that she resides adjacent to Mr. Ewell. She stated that Mr. Ewell is a great asset to the city. She spoke regarding the death threats he had received stating that this has not been investigated. Dr. Osako requested that the death threats be investigated. She informed Council that Mr. Ewell constantly watches out for the neighborhood, especially if children are playing on the sidewalk stating that he has reported to the parents people running the stop signs when the children are playing on the sidewalk. CLAUDIA MONROE stated that Mr. Ewell is her son and that he is an outstanding young man. She requested that the matter referred to by the previous speakers be investigated immediately. City Administrator Silver requested that Mr. Ewell contact his office. GINGER JOHNSON stated that she supports Mr. Ewell completely and that he is an asset to the community. JOHN BRISCOE distributed a document to Council. Mayor Green read the agenda page on which the Public Comment section is located and which addresses negative comments. Mr. Briscoe made accusations against the City Treasurer. Mayor Green requested that Mr. Briscoe remain within the boundaries printed on the agenda. Mr. Briscoe spoke regarding the inaccuracies he believes are occurring regarding collection procedures and requested that the city charter be followed. Councilmember Sullivan stated that he does not agree with Mr. Briscoe's statements; however, he believes his constitutional rights are being violated. 434 Page 10 - Council/Agency Minutes--4119/99 CHRISTOPHER CULVER, representing Culver Amherst Company, addressed Council regarding the item relative to the award of a franchise agreement for transit advertising services for placement of bus shelter/bus benches within the public rights of way. He responded to Councilmember Sullivan's question regarding whether he was present at a recent Economic Development Committee meeting. COUNCIL COMMENTS REGARDING PUBLIC COMMENTS PORTION OF THE AGENDA Councilmember Bauer commented on remarks that Mr, Briscoe had made during the public comments portion of the meeting. Councilmember Bauer spoke regarding the fine job the City Treasurer is doing, including saving the city hundreds of thousands of dollars. Councilmember Dettloff spoke regarding the considerable amount of revenue that the City Treasurer has derived. Councilmember Dettloff stated that City Treasurer Freidenrich has the support of the City Council. Councilmember Harman clarified what he believes are inaccuracies of Mr. Armendariz's statement made earlier in the meeting under the Public Comments portion of the agenda He stated his high regard for Mr. Armendariz, Community Participation Advisory Board member. Economic Development Director Biggs responded to Councilmember Harman's comments on this matter. AGENDA ITEMS DEFERRED FROM APRIL 5, 1999 MEETING (CITY COUNCIL) (DEFERRED FROM APRIL 5, 1999) APPROVED APPOINTMENTS TO THE POLICE DEPARTMENT ANTI -CRIME COALITION — MAYOR PRO TEM DAVE GAROFALO AND COUNCILMEMBER PAM JULIEN (120.20) The City Council considered a communication submitted by Chief of Police Lowenberg requesting approval of Mayor Green's appointment to the Police Department Anti -Crime Coalition. Councilmember Sullivan expressed his concern that he and two other members of the Council were not asked regarding their interest in being considered for the appointment. Councilmember Harman suggested that this item be deferred until consideration of the related procedural item scheduled later on the agenda. Mayor Green spoke regarding the reasons for the procedure he used for recommending these appointments. Mayor Pro Tern Garofalo stated reasons for not delaying this item. He spoke in support of the process that has taken place. Councilmember Sullivan informed Mayor Pro Tern Garofalo of his disagreement with his statements on this issue. Councilmember Bauer spoke on the matter stating that it is difficult because this committee was generated by the Police Chief and perhaps it should be deferred although he would not oppose the Mayor's right to proceed. Councilmember Harman stated he is looking for ground rules. At the request of Mayor Pro Tern Garofalo, Police Chief Lowenberg reported on how the committee came to be established. City Attorney Hutton reported that a third Councilmember could attend the Anti -Crime Coalition meeting. She reported on the Brown Act provisions. 435 04/19199 - CouncillAgency Minutes- Page 11 A motion was made by Garofalo, second Green to move the item regarding the procedure for appointment for Council liaisons members to boards and committees scheduled later on the agenda forward to this portion of the meeting. The motion carried unanimously (CITY COUNCIL) APPROVED FORMATION OF AD -HOC COUNCIL COMMITTEE REGARDING PROCEDURE FOR APPOINTMENT OF COUNCIL LIAISONS TO CITY BOARDS AND COMMISSIONS —COMMITTEE TO BE COMPOSED MAYOR, MAYOR PRO TEM AND THE PAST MAYOR (120.10) The City Council considered a communication from Councilmember Sullivan regarding establishing a procedure for the appointments of Council liaisons to boards, commissions and organizations. This communication had been brought forward from the latter part of the agenda to this portion of the agenda pursuant to the foregoing motion. Councilmember Sullivan presented reasons why he had placed this item on the agenda. He cited one instance where Mayor Green had added a liaison member and that he believed that additions should have been presented for Council approval. A motion was made by Sullivan, second Harman to form an Ad Hoc Council Committee to recommend procedures for Council consideration in the matter of appointing City Council liaisons to various boards, commissions, and organizations. Councilmember Julien stated that she would like the issue under consideration to be expanded to include the procedure for the formation of the committees. Councilmember Harman stated the need for a procedure. A substitute motion was madd by Julien, second Garofalo that the Ad Hoc Council Committee motion be discussed at the work shop (adjourned regular Council meeting) to be scheduled for May 15, 1999. The City Administrator stated unless the Council could schedule four hours at this May 15, 1999 meeting there will not be enough time for this item. The motion was withdrawn. A motion was made by Green, second Garofalo to direct the formation of an Ad Hoc City Council Committee to recommend procedures for Council consideration in the matter of appointing City Council liaisons to various boards, commissions, and organizations to be composed of the Mayor, past Mayor, and Mayor Pro Tem. The motion carried by the following roll call vote: AYES: Julien, Garofalo, Green, Dettloff NOES: Sullivan, Harman, Bauer ABSNET: None A motion was made by Sullivan, second Harman to form an Ad Hoc Council Committee to recommend procedures for Council consideration in the matter of appointing Council liaisons to various boards, commissions, and organizations and also to consider methods of appointments to said boards. The motion carried unanimously. 436 Page 12 - Council/Agency Minutes—4/19199 (CITY COUNCIL) (DEFERRED FROM APRIL 5, 1999) APPROVED AGREEMENT WITH PULSE MARKETING FOR FINANCIAL STUDY OF GUN RANGE PROPOSAL — APPROVED MODIFICATION TO INSURANCE REQUIREMENTS —APPROVED BUDGET AMENDMENT (600.10) The City Council considered a communication from by Community Services Director Hagan and Chief of Police Lowenberg recommending approval of an agreement with Pulse Marketing for a financial study of the gun range proposal together with approval of modifications for insurance requirements and approval of a budget amendment. Councilmember Harman questioned the financial impact if the gun range is not successful. He requested information as to provisions for an escape clause. Community Services Director Hagan responded. Considerable discussion was held between Council and Community Services Director Hagan regarding various aspects of the issue. A motion was made by Garofalo, second Julien to approve the following recommended action: 1. Approve an amendment to the current year budget by appropriating $24,000 for a financial study and market evaluation for the proposed law enforcement/public shooting range facility as submitted by R.W. Randall for the Randall Lumber site; and 2. Approve the Professional Services Contract with Pulse Marketing for the financial study and market evaluation of the Randall proposal for a law enforcement/public shooting range facility, and authorize the Mayor and City Clerk to execute same; and 3. Waive the requirement for professional liability insurance for Pulse Marketing. . Councilmember Sullivan stated that this proposal will cost the city at least $1,000,000.annually. He stated that it has been mentioned that other agencies will use the facility and if this is so, a joint powers agreement should be established, A vote was taken on the motion made by Garofalo, second Julien which carried as follows: AYES: Julien, Bauer, Garofalo, Green, Dettloff NOES: Harman, Sullivan ABSENT: None (CITY COUNCIL) (DEFERRED FROM APRIL 5, 1999) APPROVED INTRODUCTION OF ORDINANCE NO. 3417 TO ESTABLISH A COMMUNITY FACILITIES DISTRICT, OCEAN GRAND RESORT (WATERFRONT) PROJECT (640.10) The City Council considered proposed Ordinance No. 3417 to establish a community facilities district -Waterfront Project. Economic Development Director Biggs presented a staff report. Mayor Pro Tem Garofalo questioned whether there are any negative aspects to this issue and Economic Development Director Biggs stated that he did not think so. A motion was made by Garofalo, second Julien to approve introduction of Ordinance No. 3417 after reading by title by City Clerk- "Air Ordinance of the City Council of the City of Huntington Beach Providing for the City of Huntington Beach Community Facilities District Financing Law Including General Provisions and Definitions, Powers and Procedures to Issue Community 437 04/19/99 - Council/Agency Minutes- Page 13 Facilities District Bonds for the Purpose of Providing Financing for Specified Purposes, and Certain Other Supplemental Provisions." The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL/REDEVELOPMENT AGENCY) CITY ADMINISTRATOR'S REPORT — City Administrator Silver announced the following upcoming events: Oakview Pride Day — May 1, 1999; Police Appreciation Day — May 15, 1999; Public Works Open House — May 22, 1999 He extended an invitation to the community to attend these interesting community -events. (CITY COUNCIL) CITY TREASURER FEBRUARY 1999 INVESTMENT SUMMARY REVIEW (310.20) The City Council considered a communication from City Treasurer Freidenrich transmitting the February, 1999 Monthly Investment Summary Report for City Council review and acceptance. 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 Dated April 19, 1999 from the City Treasurer titled Treasurer's Report. City Treasurer Freidenrich presented a staff report. In response to Mayor Pro Tem Garofalo she reported on the repurchase agreement procedure and the status for going out to bid for the collection process. Mayor Pro Tem Garofalo, referring to the subject of verbal attacks on officials, asked the City Treasurer if she would like to respond to a speaker's verbal attacks which she had experienced at recent Council meetings. City Treasurer Freidenrich stated that as an elected official she has responsibility to uphold all laws of the city and that she does her very best to do that; that she has implemented a significant amount of process improvements in the last several years. She stated that she is sorry some people certainly may not agree; however, that she works very hard and does her very best to serve the citizens of Huntington Beach. A motion was made by Garofalo, second Julien to approve and accept the Monthly Investment Report for February, 1999, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan (Harman absent from the room) NOES: None ABSENT: None 438 Page 14 - Council/Agency Minutes—4119/99 (CITY COUNCIL) PUBLIC HEARING GENERAL PLAN AMENDMENT NO. 99-1/ZONING TEXT AMENDMENT NO. 99-11ZONING MAP AMENDMENT NO. 9911/LOCAL COASTAL PROGRAM AMENDMENT NO. 99-1 NIS OF PACIFIC COAST HIGHWAY BETWEEN 16T" & 18TH STREETS —APPROVED INTRODUCTION OF ORDINANCE NO. 3419 — ADOPTED RESOLUTION NOS. 99-27 & 99-28 (440.50) Mayor Green announced this was the time set to consider the following public hearing: Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Applicant: City of Huntington Beach, Request: GPA: Change the General Plan designation from Visitor Serving Commercial to Residential High Density (more than 25 units per gross acres). ZTA/ZMA: Amend the zoning from Downtown Specific Plan, District 1 (Visitor Serving Commercial) to Downtown Specific Plan, District 2 (Residential-30 units per net acre), LCPA: Change Coastal Element to reflect the General Plan and Zoning Land Use Designations which is subject to California Coastal Commission approval. Location: Two (2) half -blocks (20 lots total) which are each approximately 0.92 gross acres (1.82 net acres total) on the north side of Pacific Coast Highway, between 16th and 18'h Streets. Coastal Status: The above item is located in the appealable jurisdiction of the Coastal Zone and includes local Coastal Program Amendment No. 99-1 in conjunction with the above request. The Local Coastal Program Amendment will be forwarded to the California Coastal Commission if approved by the City Council. Environmental Status: An environmental assessment for the above item was processed and completed in accordance with the California Environmental Quality Act. It was determined that the above item with mitigation would not have any significant environmental effects and that a mitigated negative declaration is warranted. This environmental assessment is on file at the City of Huntington Beach Planning Department and is available for public inspection and comment by contacting the Planning Department. Planning Director Zelefsky presented a staff report. Mayor Pro Tem Garofalo questioned the height of the vertical mixed use. He also questioned the number of General Plan Amendments allowed per year. He questioned whether there is a sense of urgency to this proposal. Planning Director Zelefsky responded. Mayor Green declared the public hearing open. 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 Planning Director titled General Plan Amendment No. 99-1, Zoning Text Amendment No. 99-1, Zoning Map amendment No. 99-1, Local Coastal program Amendment No. 99-1. 439 04/19/99 - Council/Agency Minutes- Page 15 JOHN MAHOOD informed Council that the view from his residence will be affected and that tax money will be taken away from the city, due to the change from commercial development. He spoke regarding the effect of 54 units on the area. He stated that if desired by the city, it will be developed commercial and everyone will benefit. He stated that this item was discussed at the Planning Commission study session with the residents unaware of such discussion; that the residents got sluffed off at the Planning Commission meeting. He stated that this proposal has been brought by small developers. JOANNE KESSELL spoke regarding the letter seat to the Planning Commission which is in the City Council packet under D-1.55 and 56. She informed Council that she would like single- family residential development. DAVE MACLEOD spoke in favor of residential development for the area stating that commercial tends to decrease property values; that commercial belongs in the downtown area. In response to Mayor Pro Tern Garofalo's question, he replied that he plans to build single-family housing on his property. KEVIN KILTES informed Council that he is one of the property owners and that they favor residential as it will snake the area much more consistent. He responded to Mayor Pro Tern Garofalo regarding whether he would agree to a covenant to impose single-family home development on his property. DUF SFREDDO stated his support for residential development of the property. ROBERT CORONA informed Council of his support for residential development, that he does not believe clusters of commercial in residential works anymore. He stated that most homes would be 35' high and that commercial could go that high and block the view. LARRY SMITH requested that Council ask Mr. Lynch to sign a covenant for single-family residential. He referred to the letter from Mr. Lynch that had notations that appear to show he is in agreement with having a covenant for single-family residential. JIM MARTIN stated his opposition to the rezoning for the residential. He stated that it will be more dense. He stated that a service station with an open view would be more desirable than a monster building. He requested information as to why the city is an applicant and not the developer as it is taking money away from the city. RICHARD KELTER spoke in support of residential zoning for the property. 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. Mayor Pro Tern Garofalo stated that he believed the whole transaction should be stipulated on single-family detached development. Councilmember Dettloff informed Council that the Coastal Commission had raised objections to the removal of Visitor Serving Commercial designation. She stated that she would support residential as commercial in areas such as this generally do not work. She stated that she believes that the Coastal Commission will want a guarantee that Visitor Serving Commercial designation will be retained north of Goldenwest Street, should they concur with residential on this area. 440 Page 16 - Council/Agency Minutes-4/19/99 Councilmember Sullivan questioned if there were any restrictions on imposing detached residential. Planning Director Zelefsky reported that covenants could be imposed as had been done earlier with property in this area. Planning Director Zelefsky suggested that staff be directed to contact the property owners, and prior to second reading of the ordinance ensure that the property owners agree upon covenants. Planning Director Zelefsky informed Council that the Coastal Commission staff should be assured relative to the property north of Goldenwest Street remaining Visitor Serving Commercial; however, a guarantee cannot be given until action is taken by Council on that property. Planning Director Zelefsky stated that the State of California owns some of the property and he does not anticipate its concurrence with a covenant. Mr. Kelter spoke regarding what he believes would be the position of some of the property owners. A motion was made by Garofalo, second Julien to approve recommended action as follows: 1. Approve General Plan Amendment No. 99-1 by adopting Resolution No. 99-27 "A Resolution of the City Council of the City of Huntington Beach, California, Approving General Plan Amendment No. 99-1" 2. Approve Zoning Text Amendment No. 99-1 and Zoning Map Amendment No. 99-1 with findings as set forth on (Attachment No. 4*) to the Request for Council Action dated April 19, 1999 by approving introduction of Ordinance No. 3419 - after reading by title - `An Ordinance of the City of Huntington Beach Amending the Downtown Specific Plan to Redesignate the Real Properly Generally Located on Pacific Coast Highway between 9e and 18th Streets from Downtown Specific Plan District 1 (Visitor Serving Commercial) to Downtown Specific Plan District 2 (Residential) (Zoning Text Amendment No. 99-1 and Zoning Map Amendment 99-1). 'Attachment No. 4 Findings & Conditions of Approval Zoning Text Amendment 99-1 / Zoning Map Amendment 99-1/ Local Coastal Program Amendment No. 99-1 Findings for Zoning Text Amendment 99-1 / Zoning Map Amendment 99-1: Zoning Text Amendment No. 99-1 and Zoning Map Amendment No. 99-1 to change the zoning on two half -blocks totaling 1.82 net acres from Downtown Specific Plan District 1 (Visitor Serving Commercial) to Downtown Specific Plan District 2 (Residential) is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The proposed changes are consistent with General Plan Amendment No. 99-1 which is being processed concurrently. The land uses in the surrounding area are consistent with the proposed change in zoning and at the time of development, there will be appropriate infrastructure and services available to support residential development 441 04/19/99 - Council/Agency Minutes- Page 17 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The changes proposed would be compatible with uses in the vicinity which are residential and open space. 3. A community need is demonstrated for the change proposed. The changes would expand the opportunities for housing and address the needs of a growing population. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning text amendment and zoning map amendment will provide more opportunities for residents to live in close proximity to services and amenities while being consistent with the surrounding neighborhood. 5. The City Council has approved Negative Declaration No. 98-1 by resolution. The current project is covered under that Negative Declaration and this project will comply with the mitigation measures that were identified. and 3. Approve Local Coastal Program Amendment No. 99-1 by adopting Resolution No. 99-28 — "A Resolution of the City Council of the City of Huntington Beach, Califomia Adopting Local Coastal Program Amendment No. 99-1 (Zoning Text Amendment No. 99-1, Zoning Map Amendment No. 99-1) and Requesting Its Certification by the California Coastal Commission Planning Commission Recommendation." Further to direct staff to return to Council prior to the next meeting with written concurrence from the property owners of their agreement that the property would be developed single-family detached homes. Discussion was held regarding the procedure as to how to include these covenants. A roll call vote was taken on the motion made by Garofalo, second Julien and carried as follows: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: None MOTION TO ADJOURN AT 11:00 P.M. - FAILED A motion was made by Julien, second Garofalo that the meeting adjourn at 11:00 p.m. following actions on items that are deemed necessary to have action taken. The motion failed by the following roll call vote: AYES: Julien, Garofalo, Green NOES: Bauer, Dettloff, Harman, Sullivan ABSENT: None (CITY COUNCIL) ADMINISTRATIVE PUBLIC HEARING TO HEAR PROTESTS REGARDING WEED ABATEMENT — RUBBISH AND REFUSE ABATEMENT — AUTHORIZED STREET SUPERINTENDENT TO PROCEED WITH ABATEMENT (520.80) Mayor Green declared the public hearing open on the hearing of objections and protests to the proposed removal of weeks, rubbish, and refuse upon certain streets, sidewalks, parkways, and 442 Page 18 - CouncillAgency Minutes--4/19/99 private property in the city. This hearing is held pursuant to Resolution No. 99-18 adopted March 15, 1999. Legal notice as provided to the City Clerk's Office by staff had been published and posted. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the administrative hearing was closed by the Mayor. A motion was made by Harman, second Dettloff to authorize the Street Sweeping Superintendent to proceed with the abatement of said nuisance. The motion carried unanimously_ (CITY COUNCIL) - ADMINISTRATIVE PUBLIC HEARING FOR THE PURPOSE OF CERTIFYING SPECIAL ASSESSMENTS FOR DELINQUENT CIVIL FINES FOR MUNICIPAL CODE VIOLATIONS - ADOPTED RESOLUTION NO. 99-25 (570.60) Mayor Green announced this is the time to consider an administrative public hearing as required by California Government Code Section 38377.5 for the purpose of certifying special assessments against properties where public nuisances have occurred. Request for Council certification of recording Notices of Special Assessments against private property for the value of unpaid civil fines, plus interest and penalties, pursuant to Ordinance No. 3397 adopted by City Council on June 15, 1998. City Attorney Hutton presented a staff report. She referred to an exhibit which was announced earlier in the meeting by the City Clerk dated April 19, 1999 regarding a Revision of Exhibit No. 1 for the agenda item regarding Certification of Delinquent Civil Fines. The City Clerk announced the following communication which had been announced earlier in the meeting under Announcement of Late Communications: Communication from the City Attorney dated April 19, 1999 regarding a Revision of Exhibit No 1 for Agenda Item D-3 Regarding Certification of Delinquent Civil Fines. Mayor Green declared the hearing open. RON DAVIS addressed Council and stated his opposition to Mayor Green's procedure used under public comments earlier in the meeting. He stated that he was making this statement during a public hearing because he could not make it otherwise. There being no persons present to speak on the matter (as Mr. Davis' comments were not regarding this hearing) and there being no protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Harman, second Sullivan to adopt Resolution No. 99-25 as amended by the inclusion of revised Exhibit No. 1 to said resolution presented by the City Attorney - `A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collection of Delinquent Civil fines for Municipal Code Violations." The motion carried by the following roll call vote: 443 04119/99 - Council/Agency Minutes- Page 19 AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None CONSENT CALENDAR — ITEMS REMOVED FOR SEPARATE DISCUSSION At the request of staff the following Consent Calendar items were removed from the agenda: Legislative Recommendations From The lntergovemmental-Relations Committee -Assembly Bills/Senate Bills. Funding Approval Agreements With The U.S. Department Of Housing And Urban Development (HUD) For Two Section 108 Loans — Relative To Assistance To Redevelopment Agency Regarding Waterfront Hilton & - City Gym & Pool Renovation. Lease With Caltrans For The Relocation Of The Beach Maintenance Facility To The Caltrans Maintenance Yard On Beach Blvd. Amendments To Action Taken By Council On March 28, 1998 Relating To Reduction In The Number Of Boards And Committees. CONSENT CALENDAR — ITEMS APPROVED On motion by Dettloff, second Garofalo 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 Councilmember Julien abstained from voting on the minutes as she had not been present at the meeting. Councilmember Sullivan cast a "no" vote regarding approval as to Form of Office Space Lease Agreements — Abdelmuti Development Company. (CITY COUNCIUREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of March 15, 1999 as written and on file in the Office of the City Clerk. Councilmember Julien abstained from voting on the minutes as she had not been present at the meeting. (REDEVELOPMENT AGENCY) APPROVED AS TO FORM - OF OFFICE SPACE LEASES BETWEEN ABDELMUTI DEVELOPMENT COMPANY AND (1) COMPUTER MEMORY TEST LABS, INC. & (2) CONGRESSMAN ROHRABACHER — OCEANVIEW PROMENADE — (MAIN -PIER REDEVELOPMENT PROJECT SUB -AREA) (600.30) — Approved as to form the Second Amendment to Office Space Lease within the Oceanview Promenade between Abdelmuti Development Company and Computer Memory Test Labs, Inc; and the First Amendment to Office Space Lease between Abdelmuti Development Company and Congressman Dana Rohrabacher (Approval as to form required by Owner Participation Agreement between the Agency and Abdelmuti Development Company) 444 Page 20 - Council/Agency Minutes—4/19199 Councilmember Sullivan requested the City Clerk to record his vote as a no vote on the item relative to the approval as to form of the two Abdelmuti Development Company leases of office space.. (CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 15499 OF TENTATIVE TRACT MAP NO. 15499, WITH BONDS AND AGREEMENTS (GARFIELD SUBDIVISION) -- GARFIELD SQUARE LLC — NIS GARFIELD AVENUE, BETWEEN DELAWARE AND FLORIDA STREETS —APPROVED SUBDIVISION AGREEMENT (420.60) -- 1. Approved Final Tract Map No. 15499 and accepted the offer of dedication, improvements and approved and authorized execution of the Subdivision Agreement pursuant to findings and requirements (Attachment No. 1 to the Request for Council Action dated 4/19/99) as follows: Findings: 1. Final Tract Map No. 15499 is in conformance with the California Subdivision Map Act, City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15499 Conditions of Approval as approved by the Zoning Administrator; Requirements: 1. Offer and dedication of improvements are subject to completion of requirements shown on the Tentative Tract Map; 2. The City Clerk is hereby instructed to file bonds with the City Treasurer; a. Faithful Performance Bond No. 78.932 as presented in Attachment No. 6; b. Labor and Material Bond No. 78932 as presented in Attachment No_ 6; c. Monument Bond No. 78933 (American Contractors Indemnity Company) as presented in Attachment No. 6; 3. Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map. a. A deposit for fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; d. An approved Subdivision Agreement shall be submitted (Attachment No. 5), e. Payment of Park and Recreation In -Lieu Fees. ICITY COUNCIL) ADOPTED RESOLUTION NO. 99-26 — FINDING THAT PROCEDURES FOR FORMATION OF THE PROJECT AREA COMMITTEE WERE FOLLOWED IN THE ELECTION OF PROJECT AREA COMMITTEE MEMBERS RELATIVE TO THE PROPOSED EXTENSION OF EMINENT DOMAIN WITHIN PORTIONS OF THE MAIN -PIER SUB -AREA (400.10) —Adopted Resolution No. 99-26 - 'A Resolution of the City Council of the City of Huntington Beach Finding that the Procedure for the Formation and Election of a Project Area Committee for the 1999 Amendment to the Huntington Beach Development Project Were Followed in the Election of the Project Area Committee and Determining the Validity of Any Challenges to the Election." (CITY COUNCIL) APPROVED CONSULTANT SELECTION FOR 1-405 MULTI - JURISDICTIONAL SMART CORRIDOR AND CALTRANS DISTRICT 12 INTERTIE PROJECT — APPROVE PROFESSIONAL SERVICES CONTRACT — (SARAKKI ASSOCIATES) (600.10) - 1 . Approved the selection of Sarakki Associates for the System Manager for the 1-405 Multi - Jurisdictional Smart Corridor and Caltrans District 12 intertie Project; and 2. Approved and authorized execution of the Professional Services Contract between the City of Huntington Beach and Sarakki Associates forthe 1-405 Multi -Jurisdictional Smart Corridor and Caltrans District 12 intertie Project and authorized the Director of Public Works to expend $79,630 to cover the System Manager contract costs. (CITY COUNCIL) APPROVED EXPENDITURE OF FUNDS FOR THE COUNTY OF ORANGE SOILS LABORATORY FOR AND ADDITIONAL SIX ARTERIAL HIGHWAY REHABILITATION PROJECTS — PN-17080 (320.20) -- 1. Authorized the Director of Administrative Services to 445 04/19/99 - Council/Agency Minutes- Page 21 appropriate $54,000 from the undesignated Measure "M" fund balance to the arterial highway rehabilitation project; and 2. Authorized the Director of Public works to expend a total of $54,000 which includes $45,000 for the preparation of soils reports and estimated contingencies of $9,000; for Arterial Rehabilitation on six streets, PN-17080. (CITY COUNCIL) APPROVED CONTRACT WITH PUBLIC SAFETY NET TO RESOLVE Y2K PROBLEMS AND PROVIDE SOFTWARE MAINTENANCE FOR THE POLICE COMPUTER AIDED DISPATCH SYSTEM (600.10) — Approved and authorized Mayor and City Clerk to execute the Professional Services Contract Between The City Of Huntington Beach And Public Safety Net for Purchase Of A New Message Switch And Software Maintenance. Approved expenditures from the Equipment Replacement Fund for this contract, plus $21,805 to cover the cost of maintenance through the balance of this fiscal year. Maintenance for subsequent years will be budgeted in the appropriate Police Department operating account. (CITY COUNCIL) APPROVED ACCEPTANCE OF THE OAKVIEW LIBRARY EXPANSION PROJECT; CC-1047 — ARTEK CONSTRUCTION — NOTICE OF COM PLETION/AUTHORIZED FUNDS FOR DIVISION OF STATE ARCHITECT INSPECTION BY ALL-AMERICAN INSPECTION (600.80) —1. Accepted the Oakview Library Expansion Project, CC-1047 at a final cost of $154,986.61 and authorized the City Clerk to file a Notice of Completion with the County Recorders Office. 2. Authorized an additional $9,000 to cover the costs associated with additional on -site Division of State Architect (DSA) Inspection performed by All -American Inspection. (CITY COUNCIL) APPROVED LICENSE AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND PACIFIC BELL_ MOBILE SERVICES (D.B.A. "PACIFIC BELL WIRELESS") FOR INSTALLATION OF REPEATER ANTENNAS ON CITY HALL ROOFTOP (600.10) — Approved and authorized the Mayor and City Clerk to execute a License Agreement Between The City Of Huntington Beach And Pacific Bell Mobile Services For Repeater Antennas On The City Hall Rooftop. (REDEVELOPMENT AGENCY) REFERRED PROPOSED AMENDMENT TO THE HUNTINGTON BEACH REDEVELOPMENT PLAN TO PLANNING COMMISSION AND PAC AUTHORITY REGARDING USE OF EMINENT DOMAIN TO ACQUIRE RESIDENTIAL PROPERTIES IN A PORTION OF MAIN -PIER SUB -AREA (400.10) — Referred the Proposed 1999 Redevelopment Plan Amendment text to the Planning Commission and Project Area Committee for report and recommendation. (CITY COUNCIL) APPROVED CONSENT FOR PENDING SALE OF TENTATIVE TRACT NO. 15728 (HOLLY-SEACLIFF DEVELOPMENT AGREEMENT AREA) FROM PLC LAND COMPANY TO ST. AUGUSTINE 11, LLC — S/E CORNER OF GARFIELD & PENINSULA (600.10) —1. Pursuant to Section 4.2 of the Holly-Seacliff Development Agreement, approved the request by PLC for the City Council to provide Consent for the Pending Sale of the property known as Tentative Tract No. 15728 to St. Augustine II, LLC and 2. Authorized the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations and to record same with the County Recorder. (CITY COUNCIL) APPROVED APPOINTMENT TO COMMUNITY SERVICES COMMISSION OF AT -LARGE -MEMBER — DOMINICK TOMAINOIRESIGNMENT OF JAMES STAUNTON (110.20) — Appointed Dominick Tomaino to fill the vacancy on the Community Services Commission as an at - large -member for a term to expire June 30, 2002, filling the vacancy created by the resignation of James Staunton whose term expired June 30, 1998. 446 Page 22 - Council/Agency Minutes—4/19199 (REDEVELOPMENT AGENCY) SETTLEMENT OF JUDGMENT AGAINST FRANK MOLA — APPROVED SETTLEMENT AGREEMENT BETWEEN FRANK MOLA, JUDGMENT DEBTOR & REDEVELOPMENT AGENCY, JUDGMENT CREDITOR —ACCEPTED DEED OF TRUST — AUTHORIZED EXECUTION OF SATISFACTION OF JUDGMENT (600.10) — 1. Authorized the Chairman, Executive Director and Agency Counsel to accept and/or execute on behalf of the Redevelopment Agency the above -mentioned documents in substantiaffy the form as attachments hereto and the Agency Clerk to attest to the Settlement Agreement and accept the Deed of Trust (originals to be placed in escrow). 2. Authorized the Executive Director and Agency Counsel to accept and execute on behalf of the Redevelopment Agency, any other documents, consistent with the Settlement Agreement, which are necessary and proper to carry out the agreements herein and to receive the $60,000 currently held in escrow on behalf of the Agency. 3. Authorized execution by the Agency Counsel of the Satisfaction of Judgment consistent with the Settlement Agreement. (CITY COUNCIL) APPROVAL OF LEGISLATIVE RECOMMENDATIONS FROM THE INTERGOVERNMENTAL —RELATIONS COMMITTEE -ASSEMBLY BILLS/SENATE BILLS (120,70) The City Council considered the legislative recommendations from the Intergovernmental Relations Committee on various Assembly Bills and Senate Bills as transmitted by the Office of the City Administrator. A motion was made by Garofalo, second Julien to withdraw the recommended action of support for Senate Bill 23 (Perata) which would make it a misdemeanor or a felony for any person to engage in manufacturing, importing into the state, keeping, offering for sale, giving, lending, or possessing weapons with a large -capacity magazine. A large -capacity magazine would be defined to mean any ammunition -feeding device with the capacity to accept more than 10 rounds. The motion made by Garofalo, second Julien failed by the following roll tail vote: AYES: Julien, Garofalo, Sullivan NOES: Bauer, Green, Dettloff, Harman ABSENT: None A motion was made by Garofalo, second Julien to oppose Senate Bill 23 (Pereta). The motion failed by the following roll call vote: AYES: Julien, Garofalo, Sullivan NOES: Bauer, Green, Dettloff, Harman ABSENT: None A motion was made by Harman, second Julien to approve the recommendations on the various Assembly Bills and Senate Bills, with the exception of Senate Bill 32, which would be removed and referred back to the Intergovernmental Relations Committee to study the amended bill. The recommended actions were as follows: The City Council Intergovemmental Relations committee has reviewed the legislation below and is recommending the following action: Motion: Support SB 215 (Lewis) which would reinstate full retention of property tax to single county transit districts such as Orange County Transportation Aiuthority, and authorize the Mayor to send letter of support to our State legislators Motion: Support AB 373 (Baugh) which would increase the minimum distance from 350 feet to 1000 feet between community care facilities located in residential areas, and authorize the Mayor to send letters of support to our State legislators. Motion: Support AB 1612 (Floret) which would 447 04/19/99 - Council/Agency Minutes- Page 23 provide approximately $45 million in funding to Orange County cities for road reconstruction, and authorize the Mayor to send letters of support to our state legislators. Motion: Oppose AB 1626 (Migden) which would transfer power for establishing model building codes from the State Building Standards Commission to certain specified groups, and authorize the mayor to send letters of opposition to our State legislators Councilmember Harman withdrew his motion A motion was made by Harman, second Dettloff to support Senate Bill 23 (Perata). which would make it a misdemeanor or a felony for any person to engage in manufacturing, importing into the state, keeping, offering for sale, giving, lending, or possessing weapons with a large -capacity magazine. A large - capacity magazine would be defined to mean any ammunition -feeding device with the capacity to accept more than 10 rounds, and authorize the Mayor to send letters of support to our State legislators. The motion carried by the following roll call vote: AYES: Bauer, Green, Dettloff, Harman NOES: Julien, Garofalo, Sullivan ABSENT: None A motion was made by Harman, second Dettloff to oppose Assembly Bill 1626 (Migden). which would transfer power for establishing model building codes from the State Building Standards Commission to certain specified groups, and authorize the Mayor to send letters of opposition to our State legislators. The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman NOES: None ABSTAINED: Garofalo A motion was made by Harman, second Dettloff to support AB 373 (Baugh) which would increase the minimum distance from 350 feet to 1000 feet between community care facilities located in residential areas, and authorize the Mayor to send letters of support to our State legislators; and support Senate Bill 215 (Lewis) which would reinstate full retention of property tax to single county transit districts such as Orange County Transportation Authority and authorize the Mayor to send letter of support to our State legislators; and support AB 1612 (Florez) which would provide approximately $45 million in funding to Orange County cities for road reconstruction, and authorize the Mayor to send letters of support to our state legislators Assembly Bill and to remove Senate Bill 32 (Peace) which would make hepatitis a presumptive disease under worker's compensation for Public Safety Officers, and authorize the Mayor to send letters of opposition to our State legislators. Furthur, to have Senate Bill 32 (Peace) as revised, reconsidered by the Intergovernmental Relations Committee. The motion carried by the following roll call vote: Mayor Pro Tem Garofalo requested to record a yes vote on Assembly Bill 373 (Baugh). Councilmember Julien stated she would like to record a no vote Senate Bill 23 (Perata). Councilmember Sullivan requested to record a no vote on Senate Bill 23 (Perata). Mayor Pro Tem Garofalo stated that he would not be voting on any item except a yes vote on Assembly Bill 373. AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan (Garofalo voted Aye on AB 373 (Baugh) NOES: None ABSTAINED: Garofalo ..; Page 24 - Council/Agency Minutes—4119199 (CITY COUNCIL) APPROVED AS AMENDED AND AUTHORIZED EXECUTION OF FUNDING APPROVAL AGREEMENTS WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR TWO SECTION 108 LOANS — RELATIVE TO ASSISTANCE TO REDEVELOPMENT AGENCY REGARDING WATERFRONT HILTON (OCEAN GRAND RESORT) & - CITY GYM & POOL RENOVATION (600.15) The City Council considered a communication from the Economic Development Director recommending approval and authorization for the City Administrator to execute the Funding Approval Agreements with HUD for the two Section 108 Loans to implement the Waterfront Hilton and city gym and pool renovation projects. Mayor Pro Tem Garofalo reported on the matter referring to the late communication titled CPAB Policy Recommendations regarding Section 108 Loans announced earlier in the meeting by the City Clerk, He presented modified language to the CPAB communications which had listed three recommendations for Council's consideration, A motion was made by Garofalo, second Julien to approve the recommended action as follows: Approve and authorize the City Administrator to execute the Funding Approval Agreements with HUD for the two Section 108 Loans and all subsequent agreements with the Federal Government necessary to implement the projects funded by these loans. Further as amended to include approval of Citizens Participation Advisory Board Recommended Policy No. 2, as amended: It is recommended that the City Council adopt a policy that as a condition of the city receiving a Section 108 Loan for the redevelopment of the Hilton Grand Resort and BEDI Federal Grant that it encourage the development of a Local ,Employment Program to outreach and target Huntington Beach residents as candidates for employment. The program should establish a priority to employ Huntington Beach residents. This to be done in cooperation with the Private Industry Council and further, to encourage staff to develop programs that help staff focus on low -moderate income programs. The motion failed by the following roll call vote: AYES: ,Julien, Garofalo, Dettloff NOES: Bauer, Green, Harman, Sullivan ABSENT: None A motion was made by Garofalo, second Dettloff to approve the following wording: encourage the development of a Local Employment Program to outreach and target Huntington Beach residents as candidates for employment. The program should establish a priority to employ Huntington Beach residents. This to be done in cooperation with the Private Industry Council. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan NOES: Harman ABSENT: None A motion was made by Green, second Sullivan to approve the recommended action as transmitted by the Office of the City Administrator as follows: Approve and authorize the City Administrator to execute the Funding Approval Agreements with HUD for the two Section 108 Loans and all subsequent agreements with the Federal Government necessary to implement the projects funded by these loans as amended by the 449 04119199 - Council/Agency Minutes- Page 25 aforementioned motion made by Garofalo, second Dettloff, which added the following wording: encourage the development of a Local Employment Program to outreach and target Huntington Beach residents as candidates for employment. The program should establish a priority to employ Huntington Beach residents. This to be done in cooperation with the Private Industry Council. The motion carried unanimously. (CITY COUNCIUREDEVELOPMENT AGENCY) APPROVED LEASE WITH CALTRANS FOR THE RELOCATION OF THE BEACH MAINTENANCE FACILITY TO THE CALTRANS. MAINTENANCE YARD ON BEACH BLVD. (600.20) The City Council considered a communication submitted by Economic Development Director Biggs and Community Services Director Hagan recommending City Council and Redevelopment Agency approval of a lease with CaiTrans for the relocation of the Beach Maintenance Facility to the CalTrans Maintenance Yard on Beach Boulevard. Councilmember Harman presented reasons why he had requested that this item be removed from the consent calendar. He requested information from staff regarding how the city is going to pay for the remainder of the costs. The City Administrator responded. A motion was made by Harman, second Green to approve the following recommended action: 1. City Council: Approve and authorize the Mayor and the City Clerk to execute the lease with Caltrans in substantial form as presented, subject to the final review by the Economic Development Director and the City Attorney. The basic deal points have been basically established, with only two clauses outstanding. One is the clause on indemnification and the other clause relates to hazardous materials. 2. Redevelopment Agency: Appropriate $295,000 for 18 months of lease payments totaling $45,000 and the expenditure of funds to make temporary improvements and additional operating expenses necessary to relocate the Beach Maintenance Facility. Councilmember Sullivan questioned the number of personnel that would be needed and Deputy Director of Community Services Engle reported. The motion made by Harman, second Green carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIUREDEVELOPMENT AGENCY) APPROVED AMENDMENTS TO ACTION TAKEN BY COUNCIL ON MARCH 28, 1998 RELATING TO REDUCTION IN THE NUMBER OF BOARDS AND COMMITTEES — (Historic Resources Board/Allied Arts Board/Film CommitteelYouth Sports Facilities Committeelthe Central Park Specific Plan & EIR Committeelthe Beach & Park Improvement District Committee/Recreational Facilities Comm itteelEnvironmental Board) (110.10) The City Council considered a communication from the City Administrator recommending approval of amendment to action taken by Council on March 28, 1998 relating to reduction in the number of boards and committees. 450 Page 26 - Council/Agency Minutes—4/19199 A motion was made by Harman, second Green to approve the following recommended actions: 1. Approved keeping the Historic Resources Board and the Allied Arts Board as separate boards. (See Attached Memo from Ron Hagan, Community Services Director dated 4123/98). 2. Authorized disbanding the Film Committee and assign responsibility for issues relating to filming within the city to the Manager of Cultural & Events Services. 3. Authorize de - consolidation of the Youth Sports_Facilities Committee, the Central Park Specific Plan & EIR Committee, and the Beach &-Park Improvement District Committee into a single committee to be known as the Recreational Facilities Committee. 4. Directed staff to work with the Environmental Board on amending their by-laws to have one regular monthly meeting with the amended by-laws to be brought back to the City Council for approval no later than June 7, 1999. (See Attached Memo from Peter Vanek Assistant Planner dated 5119198). The motion carried by the following roll call vote: AYES: Julien, Bauer, Green Dettloff, Harman, Sullivan (Garofalo absent from the room) NOES: None ABSENT: None (CITY COUNCIL) APPROVED ADDITIONAL COMMUNITY SERVICES DEPARTMENT STAFF POSITIONS AND REORGANIZATION DEFERRED REORGANIZATION OF CULTURAL AND EVENT SERVICES DIVISION (700.10) The City Council considered a communication from the Director of Community Services requesting City Council approval of additional staff positions in the areas of Marine Safety, Beach Maintenance, Specific Events/Pier Plaza, and Facility Development. In addition, the department is requesting approval to reorganize the Cultural/Event Services Division and the Huntington Beach Art Center into a Local Arts Agency. A motion was made by Julien, second Green to continue this item as well as the agenda item regarding the Turn of the Century Committee Event to the May 3, 1999 Council Meeting. Councilmember Sullivan stated that he opposed this motion as there has been comments in the press regarding this item and he believes action should be taken at this time. The motion made by Julien, second Green to defer the aforementioned two items to the May 3, 1999 meeting failed by the following roll call vote: AYES: Julien, Bauer, Green NOES: Garofalo, Dettloff, Harman, Sullivan ABSENT: None (CITY COUNCIL) RECOGNIZE AND SANCTION THE TURN OF THE CENTURY COMMITTEE EVENTS AS THE CITY'S OFFICIAL YEAR 2000 CELEBRATION (960.20) -- CONTINUED TO MAY 3, 1999. The City Council considered a communication from the Community Services Director regarding recognition and sanction by the city of the proposed concept of the Turn of the Century Committee events as part of the City's Official Year 2000 Celebration. 451 04/19/99 - Council/Agency Minutes- Page 27 A motion was made by Sullivan, second Harman to continue consideration of this item to the May 3, 1999 Council meeting. The motion carried unanimously. (CITY COUNCIL) APPROVED ADDITIONAL COMMUNITY SERVICES DEPARTMENT STAFF POSITIONS AND REORGANIZATION — DEFERRED REORGANIZATION OF CULTURAL AND EVENT SERVICES DIVISION TO 5/17199 (700.10) — The City Council returned to the communication from the Director of Community Services requesting City Council approval of additional staff positions in the areas of Marine Safety, Beach Maintenance, Specific Events/Pier Plaza, and Facility Development. In addition, the department is requesting approval to reorganize the Cultural/Event Services Division and the Huntington Beach Art Center into a Local Arts Agency. Community Services Director Hagan presented a slide report announced earlier in the meeting by the City Clerk titled Turn off the Century Year 2000 Celebration. Mayor Pro Tern Garofalo conducted the meeting during the absence of Mayor Green from the room. Considerable discussion was held between the City Council and Community Services Director Hagan regarding various aspects of the matter including the budget deficit. Michael Mudd, Cultural Services Division Manager reported on the issue. A motion was made by Garofalo, second Dettloff to approve Recommended Actions Nos. 1 and 2 as follows: 1. Approve an amendment to the current year budget by appropriating $141,021 of new revenue from parking/camping fees, concession/lease income, specific event fees, permit fees, event sponsorships, and capital projects to add the following positions to the Community Services Department budget for the remaining four months of FY 98/99: Marine Safety Lieutenant $ 27,417 Marine Safety Officer 20,560 Equipment Operator, Beach Maintenance 14,895 Maintenance Worker, Beach Maintenance 12,387 Cultural Services Supervisor -Specific Events 18,666 Recurrent Staff, Beach Maintenance 10,000 Administrative Aide -Community Services Administration 14,000 Supervisor -Facility Development 23,096 $141,021 and 2. Direct Community Services staff to implement the reorganization as shown on Attachment 1 hereto; see Attachment No. 1 of the Request for Council Action dated April 19, 1999. and To continue for thirty days (May 17, 1999) the staff recommendation to implement the reorganization of the Cultural/Event Services Division into a Local Arts Agency, and 452 Page 28 - Council/Agency Minutes—4119199 return to City Council no later than December, 1999 with a strategic plan to address funding for the arts and reducing the deficit in the Art Center Fund. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: None (CITY COUNCIL) APPROVED AWARD OF A FRANCHISE AGREEMENT FOR TRANSIT ADVERTISING SERVICES RELATED TO THE PLACEMENT OF BUS SHELTERS/BUS BENCHES WITHIN THE PUBLIC RIGHT-OF-WAY -- CULVER ASSOCIATES — APPROVED BUDGET APPROPRIATION (600.45) The City Council considered a communication from Deputy City Administrator Bamard; Public Works Director Beardsley; City Treasurer Friedenrich, and Administrative Services Director Reekstin, transmitting a proposed ten year term Franchise Agreement for Transit Advertising Services for the purpose of providing street furniture within the public rights -of -way for members of the public who use Orange County Transportation Authority (OCTA) bus services within the City of Huntington Beach. Director of Finance Villella, presented a detailed staff report using slides. Administrative Services Director Reekstin responded to comments and questions presented by Mayor Green. Mayor Pro Tern Garofalo reported on the process and history leading to this item being placed on the agenda. He spoke regarding why he was challenging the recommended action. Chris Culver, representing Culver Associates, responded to questions from Mayor Pro Tern Garofalo relative to certain letters. Bruce Siedel, Eller Media, responded to Mayor Pro Tem Garofalo's questions. Councilmember Dettloff presented reasons for her minority report as a member of the Economic Development Committee. She stated that past performance of maintenance requirements was not as it should be. Administrative Services Director Reekstin replied to Councilmember Sullivan's questions relative to the reasons that the recommendation of the staff is that Culver Associates be awarded the contract. In response to Councilmember Bauer, City Administrator Silver reported at length on the reasons he recommended Eller Media as opposed to the staff recommendation of Culver Associates, Mr. Culver again addressed Council regarding CEA investment banking firm in connection with Mayor Pro Tern Garofalo's assessment of the firm earlier in the meeting. A motion was made by Garofalo, second Green to approve the recommended action as follows: 1. That the city enter into a ten-year Franchise Agreement for Transit Advertising Services with Eller -Media for placement of bus shelters/bus benches within the public right-of- way. 453 04/19/99 - CouncillAgency Minutes- Page 29 and 2. Direct City Staff to negotiate a ten-year Franchise Agreement between the City of Huntington Beach and Eller -Media and return to City Council for approval on May 3, 1999. and 3. Authorize an appropriation of $83,620 from the General Fund Unappropriated Fund Balance into the Public Works Department Budget and direct the City Administrator to increase the Public Works Department's Table of Organization by one (1) full time Traffic Technician position ($58,620) and provide for (1) one vehicle ($25,000). The motion failed by the following roll call vote: AYES: Garofalo, Green, Julien NOES: Bauer, Dettloff, Harman, Sullivan ABSENT: None A motion was made by Dettloff, second Harman to approve items 1, 2, and 3 as recommended except the award of franchise be made to Culver Associates as follows: That the city enter into a ten-year Franchise Agreement for Transit Advertising Services with Culver Associates for placement of bus shelters/bus benches within the public right-of-way. and 2. Direct City Staff to negotiate a ten-year Franchise Agreement between the City of Huntington Beach and Culver Associates and return to City Council for approval on May 3, 1999. and 3. Authorize an appropriation of $83,620 from the General Fund Unappropriated Fund Balance into the Public Works Department Budget and direct the City Administrator to increase the Public Works Department's Table of Organization by one (1) full time Traffic Technician position ($58,620) and provide for (1) one vehicle ($25,000). The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Dettloff, Harman, Sullivan NOES: Green ABSENT: None (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3416 — INCREASE IN ANNUAL ASSESSMENT — HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT (540.10) —Adopted Ordinance No. 3416 —An Ordinance of the City of Huntington Beach Approving an Increase in the Assessment for Fiscal Year 1998-99 to Fund Improvements within the Huntington Beach Auto Dealers' Business Improvement District." (Public hearing & introduction of Ordinance No. 3415 approved on April 5, 1999). 454 Page 30 - Council/Agency Minutes—4/19/99 A motion was made by Green, second Garofalo to approve the adoption of Ordinance No. 3416 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3418 AS AMENDED AMENDING HBMC 2.34.060 RELATING TO TERMS OF MEMBERS OF THE CITY PLANNING COMMISSION — (640,10) — The City Council considered Ordinance No. 3418 - "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Section 2.34.060 Thereof Relating to Terms of Members of the City Planning Commission" Councilmember Harman informed staff of a typographical error on Page G-2A.3 the word should be Commissioner rather than Commission A motion was made by Harman, second Julien to approve introduction of Ordinance No. 3418 as amended by changing 90 days to 30 days and changing the word Commission to Commissioner and following reading by title by the City Clerk approved introduction of Ordinance 3418. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) CONTINUED INTRODUCTION TO MAY 3, 1999 OF ORDINANCE NO. 3420 AMENDING HBMC CHAPTER 1.12 PERTAINING TO CITY HALL (640.10) — A motion way made by Harman, second Green to continue considerations of Ordinance 3420 to May 3, 1999 Council meeting "An Ordinance of the City of Huntington Beach Amending Chapter 1.12 of the Huntington Beach Municipal code Pertaining to City Hall Location." The motion carried unanimously. (CITY COUNCIUREDEVELOPMENT AGENCY) REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF HUNTINGTON CENTER (460,30) Councilmember Bauer announced that he was removing his communication requesting proposals for the development of Huntington Center from the agenda. (CITY COUNCIL) MOTION FAILED TO INITIATE GENERAL PLAN AND ZONING MAP AMENDMENT ON PROPERTY AT THE NORTHEAST CORNER OF THE INTERSECTION OF BEACH BOULEVARD AND ATLANTA AVENUE (440.50) The City Council considered a communication from Mayor Pro Tem Garofalo requesting that the City Council support a motion to direct staff to initiate a General Plan and Zoning Map Amendment RH (Residential High Density) on property located at the northeast corner of the intersection of Beach Boulevard and Atlanta Avenue. Mayor Pro Tem Garofalo presented reasons why he had placed this item on the agenda. 455 04/19/99 - Council/Agency Minutes- Page 31 A motion was made by Garofalo, second Green to direct staff to initiate a General Plan and Zoning Map Amendment to RH (Residential High Density) to permit a maximum density of over 30 dwelling units per acre on property located at the northeast corner of the intersection of Beach Boulevard and Atlanta Avenue. The motion failed by the following roll call vote: AYES: Julien Garofalo, Green NOES: Bauer, Dettloff, Harman, Sullivan ABSENT: None (CITY COUNCIL) ANNOUNCEMENT OF APPOINTMENT TO FINANCE BOARD — PAUL HEROLD TO FILL VANCANCY CREATED BY RESIGNATION OF FLOYD "BUD" BELSITO (110.20) Mayor Pro Tern Garofalo announced the appointment of Paul Herold to the Finance Board. Mr. Herold fills the vacancy created by the resignation of Floyd "Bud" Belsito. ADJOURNMENT - CITY COUNCIUREDEVELOPM ENT 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, May 3, 1999 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST- -City Clerk/Clerk 4. &641 - City Cle and ex-officio Clerk of Ce City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor/Chairman 456