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HomeMy WebLinkAbout1999-06-07 (7)MINUTES 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, June 7, 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 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, Green, Dettloff, Harman, Sullivan, (Garofalo arrived at 5:05 p.m.) (Bauer arrived during closed session) Absent: None PUBLIC COMMENTS REGARDING CLOSED SESSION AGENDA ITEMS There were no persons present to address Council regarding the closed session items scheduled on the agenda. MOTION TO RECESS TO CLOSED SESSION A motion was made by Sullivan, second Harman to recess to closed session on the following items. The motion carried by the following roll call vote: AYES: Julien, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Bauer, Garofalo (City Council) Closed Session — 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 Holtz v. City of Huntington Beach — Orange County Superior Court Case No. 79 56 90. Subject: Holtz v. City of Huntington Beach. (120.80) (City Council) Closed Session — 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 PLC, Inc. v. City of Huntington Beach, in re arbitration Holly Seacliff Development Agreement, Subject: PLC, Inc. v. City of Huntington Beach in re arbitration of Holly Seacliff Development Agreement. (120.80) 512 Page 2 - Council/Agency Minutes—06107/99 (City Council) Closed Session - 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. (12.0.80) RECONVENE CITY COUNCILIREDEVELOPMENT AGENCY MEETING The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:00 p.m. in the Council Chamber. REPORT OF ACTION TAKEN AT CLOSED SESSION The City Attorney reported that there were no actions taken by the City Council or Redevelopment Agency in Closed Session that require a reporting on those actions as required by law (Government Code Section 54957.1(a)(3)(B). ROLL CALL Present: Julien, Garofalo, Green, Dettloff, Harman, Sullivan Absent: Bauer FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by Boy Scout Webelos Pact 15., Den 1 from Grace Lutheran School and Sara Kadashian and Carol Kofahl, Den Leaders. INVOCATION The invocation was offered by members of Boy Scout Webelos Pack 15, Den 1 from Grace Lutheran School and Sara Kadashian and Carol Kofahl, Den Leaders. 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 Gino J. Bruno dated June 3, 1999 titled Public Comments at City Council Meetings together with various government codes far Council's review Slide show presentation from the Director of Public Works dated June 7, 1999 titled Proposed Enhanced Street Pothole Response Program Communication from the Economic Development Director dated June 4, 1999 titled Disposition and Development Agreement Blocks 1041105 - Item D-2 replacing Attachment No. 1 & 2 and Exhibit A & B to the Disposition and Development Agreement between CIM Group LLC and the Redevelopment Agency Slide report from the Economic Development Director dated June 7, 1999 titled Disposition and Development Agreement Blocks 1041105 513 06/07/99 - Council/Agency Minutes- Page 3 Communication from Joyce Riddell, CCE, President, Huntington Beach Chamber of Commerce dated June 4, 1999 stating the conceptual support of the plans for the 3.5 acre site identified as Blocks 104 and 105 in downtown Huntington Beach Communication from Rutan and Tucker attorneys at law, dated June 7, 1999 titled Disposition and Development Agreement Between the Redevelopment Agency and C1M Group, LLC for Property Located Within Blocks 104 and 105 Communication from Keith Bohr, property owner representative, requesting that Council deny the proposed Disposition and Development Agreement; however, if approved presenting a recommended alternative Agency action The communication is titled Public Hearing for Approval DDA Between Agency and CIM Group, LLC (Agenda Item D-2) Slide show presentation from the Planning Director dated June 7, 1999 titled Tentative Tract Map 15734 (Sandover Appeal) Communication from Jan D. Vandersloot, M.D., titled Sandover stating his opinion that a full Environmental Impact be prepared in respect to the Sandover Comm unitylHearthside Homes Project Communication from Ed Mountford, Senior Vice President, Hearthside Homes, Inc., dated June 7, 1999 titled Appeal of Planning Commission Approval of Hearthside Homes 16 Unit Sandover Project together with a summary of the report from Dr. Whitney-Desautels of Scientific Resource Surveys (SRS) titled Summary of Findings: Test Excavations on ORA-86: Herring's Site E dated June 1999 Communication from the City Attorney dated June 7, 1999 titled Agreement with the Califomia Highway Patrol modifying the proposed Recommended Action No. 1 regarding the Consent Calendar agenda item. Slide report from the Economic Development Director dated June 7, 1999 titled Economic Development Committee Statement of Purpose Communication from the City Administrator dated June 7, 1999 titled Agenda Item F-2, Approval of Legislative Recommendations from The City Council Inter-Govemmental Relations Committee deleting items SB 498 (Schiff), AB 915 (Dickerson) and AB 24 (Runner) as they failed to pass in the house of origin prior to June 4, 1999. This communication also corrected the staff report regarding the names of the authors of senate bills and assembly bills as follows: SB 402 (Baca) to SB 402 (Burton), from SB 739 (Wildman) to SB 739 (Soils), from SB 915 (Dickerson) to AB 915 (Dickerson),from SB 498 (Wildman) to SIB 498 (Schiff). At the request of the Mayor included in the staff report is the position of State Senator, Ross Johnson and State Assembly Member, Scott Baugh on legislative bills. Slide show presentation from the Administrative Services Director dated June 7, 1999 titled SB 402 (Burtc Binding Interest Arbitration PRESENTATION — To Mayor Peter Green by Pat Davis and Donna Cross representatives of the Huntington Beach Community Clinic of "The Good Egg Award" for winning the Mayor's Challenge Race at the Duck-a-Thon. 514 Page 4 - Council/Agency Minutes—06/07199 PRESENTATION — By Mayor Peter Green to Gregg Furlong, HBTV-3 Director/Producer, and Richard Barnard, Deputy City Manager, HBTV-3 Executive Director, award from the California Association of Public Information Officers for the Television Production of "Every 15 Minutes" filmed at Huntington Beach High School. MAYOR'S AWARD — PRESENTED TO ANA DETKEN — LIBRARY PAGE, MAIN STREET BRANCH Mayor Green announced that it was his pleasure to present the Mayor's Award to Library Page Ana Detken who is employed at the Main Street Library Branch. Ron Hayden, Library Services Director, spoke at length regarding Ms. Detken's service to the city. He informed Council and audience that Ms. Detken has a perfect attendance record with no days missed during her 15 years city employment. He also informed the Council and audience that Ms. Detken is always available to help her co-workers and can always be counted on to volunteer to work overtime during shortages. Ms. Detken also volunteers hours to the library PUBLIC COMMENTS CHAYNE CONWAY, Relay for Life American Cancer Society, invited the City Councilmembers and audience members to participate in the Relay for Life -- American Cancer event on June 25 -- 26, 1999. She spoke regarding the importance of this event. RUSSELL REINHART, President of the Huntington Beach Police Officer's Association, expressed his concern regarding the Intergovernmental Relations Committee recommendation to oppose SB 32 (Peace) relative to making hepatitis a presumptive disease under worker's compensation for public safety officers. He also expressed concern regarding the committee's recommendation that Council oppose SB 402 and SB 739 regarding appointment of an arbitration panel in settlement of disputes between an employer and safety employees, and authorization for an agency shop agreement, respectively. He presented reasons why the Huntington Beach Police Officer's Association believes Council should support these bills. Mr. Reinhart informed Council that he had experienced exposure to hepatitis during his employment as a police officer. KREG MULLER, Police Officer's Association, stated his concern that a member of Council or staff would recommend opposition to SB 32 (Peace). He stated that the safety officers have a constant threat of exposure to hepatitis. Mr. Muller presented reasons why the Police Officer's Association recommends that Council support SB 402 (Employment Mediation) and SB 739 (Agency Shop Agreement). Mr. Muller also spoke regarding lack of street experience of the new police officers. JOHN SCANDURA, Chair, Environmental Board, spoke regarding the item on the agenda relative to proposed adoption of the Environmentally Preferable Practices Work Plan. He read a communication from the Environmental Board in support of Councilmember Harman's request that the work plan be adopted. MARK PORTER, President of Huntington Beach Tomorrow, addressed Council regarding the item placed on the Council agenda by Councilmember Bauer relative to the subject of speakers during Public Comments portion of City Council meetings. Mr. Porter stressed the need to maintain free speech even if the speech is ridiculous, offensive, and abrasive. 515 06/07/99 - CouncillAgency Minutes- Page 5 VIRGINIA SIM referred to a newspaper article stating that speakers who were "wet behind the ears" took advantage of the public comments forum. She stated that she had watched the meeting and that she did not believe this article is warranted. DEAN ALBRIGHT addressed Council regarding a recent television program that showed girls being brought to Saipan from the Philippines with a promise to work; however, the girls end up working in sweatshops by day and prostutition by night_ He related the program to the manufacturing of T-shirts by Tommy Hilfiger and stated his disapproval. JOHN REES, Huntington Beach Fire Association, addressed Council and recapped what has taken place in the firefighters' salary situation in the last several years including the subject of the PERS rollover. He corrected Councilmember's statements that the PERS rollover benefit is illegal, stating it is not illegal and is practiced in cities elsewhere. He spoke regarding the lack of personnel in the Fire Department. Mr. Rees stated that the senate bill regarding binding arbitration would assure a fair negotiation process and should not be opposed by the City Council. DON MC GEE spoke regarding development in the city of Anaheim and development in the city of Huntington Beach and various problems which he believes are associated with development. (CITY COUNCIL) RESOLUTION NO. 99-36/ADOPTED AMENDS THE CITY CLASSIFICATION PLAN BY ADDING THE NEW CLASSIFICATION OF ASSISTANT CITY ATTORNEY/APPROVED REALLOCATION OF TWO DEPUTY CITY ATTORNEY III POSITIONS TO ASSISTANT CITY ATTORNEY POSITIONS (700.10) The City Council considered a communication from the City Attorney transmitting for Council consideration a resolution to amend the Classification Plan of the City of Huntington Beach to add the new classification of Assistant City Attorney. Also transmitted is a request to reallocate two existing Deputy City Attorney III positions to two Assistant City Attorney positions (promotional) and provide for compensation -adjustment. Councilmember Bauer stated that he would like the item he had placed on this agenda proposing a City Attorneys Office organizational audit to be moved up on the agenda to be considered along with the above item. The following agenda item was moved forward pursuant to Councilmember Bauer's request: A communication from Councilmember Ralph Bauer regarding the changes requested by the City Attorney in the classification of two Assistant City Attorneys in that it appears that this proposal may be inadequate to deal with the organizational problems in the City Attorney's Office and recommending that a complete organizational audit of the City Attorney's Office be performed. City Attorney Hutton reported on the reasons for her request stating that this action would reinstate the classification of Assistant City Attorney that the city has not had for the past 10 years. A motion was made by Garofalo, second Green to adopt Resolution No. 99-36 "A Resolution of the City Council of the City of Huntington Beach to Amend the City's Classification Plan by Adding One New Classification Entitled Assistant City Attorney." and reallocate two Deputy City 516 Page 6 - Council/Agency Minutes—06107/99 Attorney III positions (salary range 557) to two Assistant City Attorneys (salary range 577) positions with appropriate compensation adjustment. Councilmember Garofalo recommended that biannually $25,000 be allocated to a fund to audit departments. Councilmember Green spoke in support of the City Attorney's position opposing an audit of an elective office. He read from past election results where the voters have voted to retain an elected City Attorney; that the measures have been place on the ballot by the City Council. Councilmember Bauer presented reasons why he believed an audit should be done as well as audits of other departments. Mayor Green and Councilmember Dettloff stated reasons why they would not support Councilmember Bauer's request for an organizational audit of the City Attorney's Office. Councilmember Sullivan stated that he believes operational audits should be done every 10 years and that he believes that an audit should first be done prior to approval of the City Attorney's request for amendment to the city's classification plan. Councilmember Harman referred to the communication from Personnel Commissioner Aldrich, that was transmitted in the City Council's packet. Councilmember Julien gave reasons why she is in support of the City Attorney's recommended action. City Attorney Hutton reported further on her request as well as on the communication submitted by Personnel Commissioner Aldrich. The motion made by Garofalo, second Green to adopt Resolution No. 99-36 carried by the following roll call vote: AYES: Julien, Garofalo, Green, Dettloff NOES: Bauer, Harman, Sullivan ABSENT: None MOTION TO CONDUCT ORGANIZATIONAL AUDIT OF CITY ATTORNEY'S OFFICE - APPROVED A motion was made by Bauer, second Sullivan to direct the City Administrator to engage a complete organizational audit of the City Attorney's office. The motion carried by the following roll call vote: AYES: Bauer, Dettloff, Harman, Sullivan NOES: Julien, Garofalo, Green ABSENT: None 517 06/07199 - Council/Agency Minutes- Page 7 DIRECTION TO CITY ADMINISTRATOR TO RETURN WITH DEPARTMENTAL AUDIT PROGRAM - APPROVED A motion was made by Garofalo, second Julien to direct the City Administrator to return to Council with a program to audit all of the departments. Discussion was held. Councilmember Harman asked the City Administrator how auditors are selected and the City Administrator reported. The motion made by Garofalo, second Julien was repeated as follows: Direct the City Administrator to return to Council within a month with suggestions on how to proceed with an audit of all departments in a period of time and information as to which departments have been audited. The motion carried unanimously. (CITY COUNCIL) HOME BASED "GARAGE USE" BUSINESSES —STAFF REPORT REQUESTED (120.90) The City Council considered a communication from Mayor Pro-Tem Dave Garofalo regarding the issue of home based "garage use" businesses --that the American experience is based on the success and failure of the small business. One-man and/or one -woman businesses, home based, etc; are often at the center of emerging new corporate entities. Businesses in one's garage are part of this national phenomenon. Mayor Pro-Tem Garofalo presented reasons why he had placed this item on the City Council Agenda. A motion was made by Garofalo, second Green to direct staff to return to Council with comparative community data on both home based, and specifically, "garage use" in the conduct of business. Please include alternatives that reflect this period in our development as well as regional trends. Following discussion the motion carried unanimously. (CITY COUNCIL) APPROVED PROCEDURE AS AMENDED RELATIVE TO THE PUBLIC COMMENTS PORTION OF CITY COUNCIL MEETINGS (120.10) The City Council considered a communication from Councilmember Ralph Bauer regarding the public comments portion of City Council meetings. The communication from Councilmember Bauer outlined the procedure which he believes should be followed regarding this portion of the City Council meeting. Earlier in the meeting, the City Clerk had announced the following communication from Gino J. Bruno dated June 3, 1999 titled Public Comments at City Council Meetings together with various government codes for Council's review. City Attorney Hutton, at the request of Mayor Green, stated that she believes this item should not be discussed at this time because of a pending lawsuit. Councilmember Bauer stated that he would withdraw this item from the agenda. Councilmember Harman gave reasons why he believed Council should proceed with this item. 518 Page 8 - Council/Agency Minutes—06/07/99 Councilmember Sullivan presented reasons why he believed discussion should be held at this time. He spoke regarding why he believed the wording on the public comments portion of the agenda is not appropriate. He spoke regarding his opinion that the cases cited in Mr. Bruno's letter are more appropriate than the cases cited by the City Attorney's office. Councilmember Harman stated that he wishes to address the policy wording set forth on the agenda --- That negative comments are not acceptable. A motion was made by Harman, second Sullivan to approve the following action as submitted by Councilmember Bauer and as amended: That neither the Mayor or any City Councilmember shall interfere with any public comments by turning off a microphone, TV Transmission, or any other means as long as the speaker stays within his or her allotted time; if the comments are criminal in nature, the Sergeant -at -Arms can arrest the offending individual. If the comments are libelous, the object of the comments can find redress through the civil courts. Any elected official or head of a department may have the option to respond at that meeting or at a subsequent meeting to a speaker. Freedom of speech is guaranteed by the Constitution, and no one individual should have the power to abrogate that right. Further discussion was held. Councilmember Dettloff that as Councilmember Bauer had withdrawn his item from the agenda that the matter is not properly on the agenda and that she would ABSTAIN from the vote. City Attorney Hutton reported that lawfully the item is still on the agenda. The motion made by Harman, second Sullivan carried by the following roll call vote: AYES: Bauer, Harman, Sullivan NOES: Green ABSTENTIONS: Julien, Dettloff, Garofalo ABSENT: None Mayor Pro-Tem Garofalo stated that he had believed his abstention would count as a no vote and if not, he requested that the City Attorney also research which votes are considered to be cast on the affirmative side. Council proceeded to another item on the agenda and returned to this item a short time later. City Attorney Hutton informed Council that the motion made by Harman, second Sullivan had carried. Motion to Reconsider Action Regarding Procedure on Public Comments - Failed A motion was made by Garofalo, second Green to reconsider the motion made by Harman, second Sullivan. The motion failed by the following tie vote: AYES: Bauer, Harman, Sullivan NOES: Green ABSTENTiONS. Julien, Garfalo, Detloff ABSENT: None 519 06/07/99 - Council/Agency Minutes- Page 9 (CITY COUNCIL) MOTION REGARDING ENVIRONMENTAL SYMPOSIUM FAILS (120.10) The City Council considered a communication from Councilmember Bauer regarding the matter of an Environmental Symposium being scheduled for September 9, 1999 by the Mayor without City Council approval. It is anticipated that well over four hours of staff time will be required to support this symposium. City Council policy requires approval by the City Council of such an activity. Councilmember Bauer stated reasons why he did not believe city staff support should be given to the Environmental Symposium. A motion was made by Bauer, second Sullivan that since the city staff is already over- committed and as we have many environmental groups in the city, that no more staff time be devoted to an Environmental Symposium, and that the Mayor solicit the city's environmental groups for volunteers to carry out the functions described in the Mayor's memo dated April 14, 1999 Mayor Green reported that seven and one half months ago, during a study session between the City Council and the Environmental Board, the Environmental Board had announced their intent to hold an Environmental Symposium. Mayor Green stated that he had forwarded his memo to the City Council stating that approximately 50 hours of staff work would be needed and that there had not been comment from any Councilmember. Following discussion the motion made by Bauer, second Sullivan failed by the following roll call vote: AYES: Bauer, Harman, Sullivan NOES: Julien, Garofalo, Green, Dettloff ABSENT: None (CITY COUNCIL) CITY OF HUNTINGTON BEACH TO RECEIVE $900,000 GRANT FROM ORANGE COUNTY SANITATION DISTRICT FOR REPAIR OF DOWNTOWN SEWERS (340.60) The City Council referred to a report by the City Administrator regarding the $900,000 matching grant awarded to the City from the Orange County Sanitation District which will enable the Department of Public Works to approximately double the scope of the originally intended project to refurbish aging sewers in the project area starting from Goldenwest Street, south to Lake Street, and from Pacific Coast Highway inland to Palm Avenue. (See related agenda item on Page No. 25) City Administrator Silver informed Council that he had placed this item on the agenda under his reports in order to celebrate the matter. Public Works Director presented a slide report that was announced earlier in the meeting by the City Clerk titled Proposed Enhanced Street Pothole response Program. (CITY COUNCIL) PROPOSED ENHANCED STREET POTHOLE RESPONSE PROGRAM (800.10) 520 Page 10 - Council/Agency Minutes--06/07/99 The City Council received a report by the City Administrator regarding the proposed Enhanced Street Pothole Response program. Public Works Director Beardsley presented a slide report for Council's information. (CITY COUNCIL) PUBLIC HEARING - ESTABLISHMENT OF ADULT ENTERTAINMENT PERMIT FEE — ADOPTED RESOLUTION NO. 99-37 (340.20) Mayor Green announced this was the time scheduled for a public hearing for the purpose of considering adoption of a resolution to establish an Adult Entertainment Permit fee. It is proposed that a new fee be required. The city permits will be reviewed and issued by the Police Department. Significant staff time is expended in the administration of the permits as well as enforcement of the operational restrictions. Legal notice as provided to the City Clerk's Office by staff had been published and posted. City Attorney Hutton presented a report covering the subject of the public hearing. Police Chief Lowenberg reported on the related ordinance appearing later on the City Council agenda. He stated that a large amount of staff time will be required. He spoke regarding a method to track cost for recovery purposes. City Treasurer Freidenrich responded to Councilmember Sullivan regarding the cost of a city business license. Police Chief Lowenberg reported further on the fee issue Mayor Green declared the hearing open. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Garofalo, second Julien to approve the following recommended action: Adopt Resolution No. 99-37 establishing permit fees for permits issued pursuant to Huntington Beach Municipal Code Chapter 5.70 regulating sex -oriented businesses and sex -oriented performers. A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 5159 entitled — "A Resolution of the City Council of the City of Huntington Beach Establishing a City Fee Schedule." As to fees applicable to Sex -Oriented Businesses and Sex - Oriented Performers (Supplemental Fee Resolution No. 70). The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green Dettloff, Harman, Sullivan NOES: None ABSENT: None MARKET RATE ANALYSIS REQUESTED FOR JUNE, 2000 - (340.20) Mayor Pro-Tem Garofalo requested the City Administrator to provide the City Council with a market rate ana4ysis in one year. 521 06107199 - Council/Agency Minutes- Page 11 (CITY COUNCIL) JOINT PUBLIC HEARING BETWEEN CITY COUNCIL & REDEVELOPMENT AGENCY - APPROVED DISPOSITION AND DEVELOPMENT AGREEMENT — SALE OF REAL PROPERTY WITHIN MERGED REDEVELOPMENT PROJECT AREA TO CIM GROUP LLC — BLOCKS 1041105 — PCH/MAINMALNUTI6T" - ADOPTED AGENCY RESOLUTION NO. 299 AND 300 — ADOPTED COUNCIL RESOLUTION NOS. 99-40 AND 41 - APPROVED COOPERATIVE AGREEMENT BETWEEN AGENCY AND CITY (600.30) Mayor/Chairman Green announced this was the time scheduled for a joint public hearing between the CouncillAgency pursuant to California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) for the purpose of considering the approval of proposed Disposition and Development Agreement ("the DDA") between the Agency and CIM Group, LLC., (the "Developer'). The Disposition and Development Agreement (the "DDA") with the CIM Group, LLC, Developer, concerning the disposition of the properties which have been or may be acquired by the Redevelopment Agency of the City of Huntington Beach and sold to the CIM Group, LLC. The DDA provides for the sale of approximately 3.0 acres of parcels within the area commonly known as Blocks 104 and 105, bounded by Pacific Coast Highway on the south, Main Street on the east, Walnut Avenue on the north, and 6th Street on the west. The DDA includes the terms for development of a mixed -use development encompassing approximately a 130 room hotel, approximately 135,000 sq. ft. of retail and restaurant space, and 400 parking spaces to be located on a portion of two -block area. The purpose of the joint public hearing is to consider: The proposed sale of real property by the Agency to the developer. The proposed terms and conditions of such sale of real property. The proposed Disposition and Development Agreement. All evidence and testimony for and against the approval of the Disposition and Development Agreement and the sale of real property and the terms and conditions therefor. The Agency has prepared a Summary Report in connection with the Agreement that describes the specifics: a. The cost of the DDA to the Agency. b. The estimated value of the interests to be sold, determined (i) at the highest and best uses permitted under Redevelopment Plan, and (ii) at the use and with conditions, covenants, and development costs required by the sale; c. The purchase price of the properties to be included in Blocks 1041105; d. An explanation of why the sale will assist in the elimination of blight; e. Other pertinent analysis. Persons having objections to or wishing to express support of the proposed Disposition and Development Agreement, the proposed sale of real property or the proposed terms and conditions thereof may appear and be heard before the Agency and the City Council on the proposed Disposition and Development Agreement. Any person desiring to be heard at the hearing will be afforded an opportunity to be heard. The documents referred to above are available for public inspection and copying during regular office hours at the Offices of the City Clerk/Clerk of the Redevelopment Agency. 522 Page 12 - Council/Agency Minutes--06107199 Legal notice as provided to the City/Agency Clerk's Office by staff had been published and posted. Economic Development Director Biggs presented a staff report using a slide report titled Disposition and Development Agreement Blocks 1041105 — City Council Meeting June 7, 1999 which had been announced earlier in the meeting by the City/Agency Clerk. He responded to questions from Mayor Pro-Tem/Vice Chairman Garofalo including the effect on revenues from possible actions by the California Coastal Commission or other actions that could decrease density. Mayor/Chairman Green declared the hearing open. Earlier in the meeting, the City/Agency Clerk had announced that the following communications on this item have been provided to the Agency/Council: Communication from the Economic Development Director dated June 4, 1999 titled Disposition and Development Agreement Blocks 1041105 - Item D-2 replacing Attachment No. 1 & 2 and Exhibit A & B to the Disposition and Development Agreement between CIM Group LLC and the Redevelopment Agency Slide report from the Economic Development Director dated June 7, 1999 titled Disposition and Development Agreement Blocks 1041105 Communication from Joyce Riddell, CCE, President, Huntington Beach Chamber of Commerce dated June 4, 1999 stating the conceptual support of the plans for the 3.5 acre site identified as Blocks 104 and 105 in downtown Huntington Beach Communication from Rutan and Tucker, attorneys at law, dated June 7, 1999 titled Disposition and Development Agreement Between the Redevelopment Agency and CIM Group, LLC for Property Located Within Blocks 104 and 105 Communication from Keith Bohr, property owner representative, requesting that the Agency/Council deny the proposed Disposition and Development Agreement, however, if approved presenting a recommended alternative agency action. The communication is titled Public Hearing for Approval DDA Between Agency and CIM Group, LLC (Agenda Item D-2) JEFF ODERMAN, Legal counsel, representing Bagstad, Mase, and Abdulmuti, property owners, stated that he objected on their behalf for the reasons set forth in the letter he had presented to the Agency/Council. He requested denial of the item or a continuation of the hearing for two to four weeks to provide adequate opportunity for Agency/Council to review the property owners' concerns. He stated he had additional copies. Mr. Oderman presented reasons in opposition to the proposed Disposition and Development Agreement. He replied to Mayor Pro-TemfVice Chairman Garofalo's questions regarding whether his clients would consider legal action if the Development and Disposition Agreement is approved. A motion was made by Garofalo, second Sullivan to allow two additional minutes of public comment time to Mr. Oderman. The motion was approved by the following roll tali vote: AYES: Julien, Garofalo, Dettloff, Harman NOES: Bauer, Green, Sullivan ABSENT: None 523 06/07199 - Council/Agency Minutes- Page 13 MR. ODERMAN continued with his presentation to the Agency/Council. JOHN COULTRUP distributed a document to the Agency/Council members. He informed Agency/Council of the property owners' desires to develop their properties. He stated that the property owners question how eminent domain can be considered when the property owners are ready, willing, and able to develop their properties. JAMES A. LANE stated that CIM Company has not included the property owners in the development of their proposal to Council. He stated that his attorney believes that if the Agency tries to acquire by eminent domain it will be by fraud as blight has already been eliminated. Mr. Lane stated that none of the property owners support the proposal presented by CIM Company; that they are ready to proceed with Jon Coultrup. He stated that the city's General Fund will lose money from this proposal and cited the example of the parking structure on Main Street. JOHN GIVEN, CIM Group, introduced the three principals of the CIM Group who are present at this meeting. He made a slide presentation in support of the project. 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/Chairman. Economic Development Director Biggs responded to Mayor Pro-TemMce Chairman Garofalo's questions regarding the value of the property, the price paid by the city and the amount for which the city will sell the property. Discussion was held between Economic Development Director Biggs and Mayor Pro-TemlVice Chairman Garofalo regarding the various financial aspects of the proposed Disposition and Development Agreement, and the parking overlay requirement. Murray Kane, special Agency/counsel, reported on Mr. Oderman's letter relative to the issue of blight, the environmental impact, the notification process, the eminent domain issue, and the parking requirement issue. A motion was made by Harman, second Dettloff that the Redevelopment Agency approve the following recommended actions: Adopt Resolution No. 299 making certain environmental findings related to the Redevelopment of Blocks 104/105 - "A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving Environmental Findings" and 2. Adopt Resolution No. 300 approving the Disposition and Development Agreement between the Redevelopment Agency and CIM Group, LLC. — "A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving a Disposition and Development Agreement with CIM Group, LLC., for the Future Development of Blocks 1041105" and Page 14 - Council/Agency Minutes—06107/99 3. Approve the Cooperative Agreement between the Redevelopment Agency and the City of Huntington Beach and authorize execution by the Chairman and Agency Clerk. The motion carried by the following roll call vote. - AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None A motion was made by Harman, second Dettloff that the City Council approve the following recommended actions: Adopt Resolution No. 99-40 making certain environmental findings related to the Redevelopment of Blocks 104/105 — `A Resolution of the City Council of the City of Huntington Beach Approving Environmental Findings" and 2. Adopt Resolution No. 99-41 approving the Disposition and Development Agreement between the Redevelopment Agency and CIM Group, LLC. — `A Resolution of the City Council of the City of Huntington Beach Approving a Disposition and Development Agreement with CIM Group, LLC., for the Sale and Development of Land" and 3. Approve the Cooperative Agreement between the Redevelopment Agency and the City of Huntington Beach and authorize execution by the Mayor and City Clerk. The motion carried by the following roll tali vote: AYES: Julien Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) PUBLIC HEARING ON APPEAL FILED BY BOLSA CHICA LAND TRUST OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF TENTATIVE TRACT MAP NO. 157341CONDITIONAL USE PERMIT NO. 98-49/COASTAL DEVELOPMENT PERMIT NO. 98-171MITIGATED NEGATIVE DECLARATION NO.98-11 (SANDOVER 16 UNIT SINGLE FAMILY RESIDENTIAL SUBDIVISION) SIW CORNER BOLSA CHICA STREET & LOS PATOS AVENUE (420.60) Mayor Green announced that this was the time scheduled for a public hearing to consider the following appeal: Applicant: Hearthside Homes, Inc., c/o Ed Mountford Appellant: Bolsa Chica Land Trust, c/o Paul Horgan Applicant's Request: To subdivide approximately six (6) acres for the purpose of constructing 16, two (2) story single family residences. The request includes allowing building heights up to 32 feet, two (2) inches (measured from building pad to roof peak) 525 06/07/99 - Council/Agency Minutes- Page 15 Location: Southwest corner of Balsa Chica Street and Los Patos Avenue. California Coastal Commission Status: The above item is located in the non -appealable jurisdiction of the coastal Zone and includes Coastal Development Permit No. 98-17, filed on July 1, 1998 in conjunction with the above request. The Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion and action. The above item is not appealable to the California Coastal Commission. Environmental Status: An Initial 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. Prior to action on Tentative Tract Map No.15734, Conditional Use Permit No. 98-49 and Coastal Development Permit No. 98-17, Mitigated Negative Declaration 98-11 must be approved by the City Council. This environmental assessment is on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for public inspection and comment by contacting the Planning Department. On File: A copy of the proposed request is on file in the Planning Department for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after June 3, 1999. All interested persons are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. The following communication had been received and distributed in the City Council's packet: Communication dated June 3, 1999 received from Hearthside Homes transmitting a report dated May, 1999 prepared by Scientific Resource Surveys, Inc. for Hearthside Homes titled 'Archaeological Site ORA-86.' Herrings Site E And The Sandover Project. The City Clerk announced that the following late communications announced earlier in the meeting, on this item had been received and provided to the City Council: Slide show presentation from the Planning Director dated June 7, 1999 titled Tentative Tract Map 15734 (Sandover Appeal) Communication from Jan D. Vandersloot, M.D., stating his opinion that a full Environmental Impact must be prepared in respect to the Sandover Community/Hearthside Homes Project. Communication from Ed Mountford, Senior Vice President, Hearthside Homes, Inc., dated June 7, 1999 forwarding to Council a summary of the report from Dr. Whitney-Desautels of Scientific Resource Surveys (SRS) titled Summary of Findings: Test Excavations on ORA-86: Herring's Site E dated June 1999 WMI Page 16 - Council/Agency Minutes—06107/99 Wayne Carvalho, Associate Planner, presented a staff report using slides. He stated that the city's consultants on this project are present at the meeting. Mayor Green declared the hearing open. EILEEN MURPHY presented reasons in opposition to the proposed project including the history of the subject of the rules and regulations relative to household pets. She spoke regarding her opinion that the proposed solution to the problem of keeping the cats out of the wetlands was not workable. She spoke regarding her opposition to section 3.23-5-8 relative to notification given to residents regarding environmental regulations and the need to obey all ordinances regarding confinement and leashing of pets. Ms. Murphy questioned what protection will the endangered species have if the Planning Department waives these mitigations mentioned. She stated that this is why the Bolsa Chica Land Trust is asking for an environmental impact report on this project. PAUL HORGAN, President, Bolsa Chica Land Trust, questioned if a report was available regarding a field survey that is referenced in the material presented to Council at this meeting. The Planning Director provided Mr. Horgan a document; however, Mr. Horgan stated that what he referred to was an archaeologist's survey. He stated that the Bolsa Chica Land Trust believes an environmental impact report is required. Mr. Horgan stated that Planning Director Zelefsky has just presented a report from Signal Landmark which had not before been available. He requested a continuance of this matter. Mr. Horgan submitted copies of six communications to the City clerk relative to the issue. The communications were as follows: Communication dated February 15, 1999 from Patricia Martz, Ph.D., Associate Professor, California State University, Los Angeles, to the Planning Director, recommending that the site be tested and re-evaluated relative to archaeological issues. Communication from Patricia Martz, Ph.D., archaeologist, (signed for her by Deborah McLean) - to Wayne Carvallo, Planning Department California Cultural Resource Preservation alliance, dated March 22, 1999 titled subject: Cultural Resource issues on the Sandover Property (Tentative Tract Map No. 15734), a Development of the Huntington Beach Hampton Partners, LLC, Enumerating Concerns. Communication from Patricia Martz, Ph.D., associate Professor, California State University, Los Angeles, to the City Council dated June 5, 1999 titled Regarding City Council Agenda June 7, 1999 Item D3-Appeal of Planning Commission Approval of Hearthside Homes 16 Unit SandoverProject requesting postponement. Communication from Theodore Cooley, Professional Archaeologist (ROPA) dated April 13, 1999 to Wayne Carvallo, Planning Department regarding archaeological issues. Communication from Chester King, Ph.D., Topanga Anthropological Consultants, dated June 7, 1999 to Paul Horgan, Bolsa Chica Land Trust, titled Comments Concerning ORA-86 and the Sandover Project, Huntington Beach, California, Communication from Flossie Horgan, to City Councilmembers, dated June 7, 1999 transmitting several documents to Council regarding archaeological issues. 527 06/07199 - Council/Agency Minutes- Page 17 The City Clerk confirmed to Councilmember Harman that she would include in the record the six communications to which Mr. Horgan referred. Mr. Horgan stated that the Planning Director had just handed him a report prepared by Signal Landmark dated June, 1999. Mr. Horgan informed Council that in fairness, this report of about 30 pages, should have been given to the project opponent -the Bolsa Chica Land Trust or any one else speaking tonight. He stated that he had not seen this report and had asked for it previously. Mr. Horgan stated that in fairness, because of the archaeological issue, that realistically and properly, some form of continuance of this hearing should be required so that this report can be reviewed. Mr. Horgan stated that he would specifically request this. Councilmember Sullivan stated that he believes that the communication to which Mr. Horgan refers is contained in the Late Communications packet distributed to Council tonight of which was announced by the City Clerk. The Planning Director responded to Mayor Pro-Tem Garofalo's inquiry relative to this report, stating that the applicant had provided it to him earlier in the day; however, it did not have to be presented by the applicant until prior to grading of the site; that it was imposed as a condition of approval by the Planning Commission. WILLIAM BERNARD, Bolsa Chica Land Trust member, commented on the staff report regarding suggested conditions of approval. He listed conditions and questioned who is going to be around to impose these off site conditions. JAN MC KEEVER spoke regarding environmental conditions she was required to do on a project including placing pilings 22 feet down less than a half mile from the site currently under consideration. She stated that most of the bond money for the schools will go to Marina High School which is sinking and is near the site. MARK HOTCHKISS reviewed some of the findings of which the Planning Commission had made with which he disagrees. He stated that he believes this project is giving piece meal approval: to build on the Bolsa Chica Mesa; that the city relied on another agency's Environmental Impact Report, a report that he believes is seriously flawed. He stated reasons why he did not believe SRS is a reputable firm. He referred to Page No. 11 where they never mentioned in the Council report that burials were found. He stated that a negative declaration may not be done, that a Environmental Impact Report must be done. MARGE ALLEN distributed photographs of the site. These photographs showed coyotes, humming birds, white-tailed kites, and were presented to the City Clerk. She spoke in opposition to the proposed project. JAN VANDERSLOOT, Balsa Chica Land Trust member, referred to the letter which he had written to the City Council announced earlier in the meeting by the City Clerk. He referred to the information in the packet presented by Debbie Cook. Mr. Vandersloot presented reasons why an Environmental Impact Report should be done rather than a negative declaration and presented reasons why Council should not allow development on this site until the Coastal Commission has reviewed the project. DAVID CARLBERG, President, Amigos de Bolsa Chica, requested that Council deal with the item relative to protecting the environment of the Bolsa Chica Mesa in all matters. 528 Page 18 - CouncillAgency Minutes—06107199 BILL GREGORY spoke regarding the vision which must be maintained from various vantage points to maintain the natural view. He spoke regarding the wildlife which is currently there and stated that he believes the record of SRS should be investigated. Mr. Gregory stated that he had been informed that Indian burial bones had been removed from the site. He requested that an Environmental Impact Report be prepared. ED MOUNTFORD, Hearthside Homes representing the applicants, stated that he believes the Planning Commission and staff had done a very thorough analysis of the project. He stated that he hopes Council will support the Planning Commission's decision. There being no persons present to speak further on the matter and there being no further protests filed either oral or written the hearing was closed by the Mayor. WAYNE CARVALHO, Associate Planner, in response to Councilmember Dettloff pointed out on the wall map the Eucalyptus grove area and other issues involved in the proposed project. JAYNA MORGAN, EDAW representative, responded to Councilmember Dettloff regarding why she had recommended a negative declaration be performed rather than an Environmental Impact Report. PAUL HORGAN, Bolsa Chica Land Trust member, objected to permission to speak being provided to Jayna Morgan, EDAW representative, as she is being paid by the applicant and is not a city representative. Howard Zelefsky, Planning Director, confirmed that Jayna Morgan is being paid by the applicant. NANCY WHITNEY-DESAUTELS, Scientific Research Surveys Inc. representative, presented information on actual issues including where the archaeological artifacts were found, stating that none of the archaeological materials are in a natural intact deposit. Councilmember Sullivan referred to Page No. 3.8 where it states that Ora .86 is within the site. Also on Page No..81 where it is reflective that Ora .86 is on the site, therefore, he finds it difficult to believe that it is not on the site as stated in the summary report of SRS Company. He referred to Page No..139 regarding the effect on feral animals. He stated that notification to homeowners regarding their pets will not suffice. He referred to Page No..116 relative to flow of the site and drainage and asked how it relates to the flood plain. WAYNE CARVALHO, Associate Planner, stated that the site is not in the flood plain. He reported further on Councilmember's Sullivan question. Councilmember Sullivan referred to Page No. 144, a letter from Connie Boardman, wherein there is no mention of the Monarch butterfly that likes Eucalyptus trees. He referred to the letter from Debbie Cook on Page No..222 relative to the need for an Environmental Impact Report and the State Fish and Game report that the Monarch butterfly visits the Eucalyptus trees; that the ESHA system is not composed solely of Eucalyptus trees. He stated that he believes an Environmental Impact Report must be done. 529 06/07/99 - Council./Agency Minutes- Page 19 Councilmember Harman pointed on the wall map and questioned whether there is a 20 or 30 foot set -back. Wayne Carvalho, Associate Planner, stated that the landscape easement is 30 feet which includes 10 feet of parkway right-of-way. Councilmember Harman questioned D.3.9 stating that future land uses are unknown, yet the Request for Council Action states proposed land uses with future building of home sites, as opposed to open land. FRANK HOFER, biologist, responded to Councilmember Harman's questions regarding the letter from Connie Boardman relative to Pages .205-206 relative to the types of birds, and that the survey should be continued to see if these birds are using this area. Mr. Hofer stated that from the standpoint of CEQA, the document has been prepared for this site, not the entire site, he stated this site is primarily used for a dog park. He spoke at length on the matter. A motion was made by Garofalo, second Julien to approve the following Planning Commission and staff recommendation: Approve Mitigated Negative Declaration No. 98-11 with findings and mitigation measures (Attachment No. 1), and approve Tentative Tract Map No. 15734, Conditional Use Permit No, 98-49, Coastal Development Permit No. 98-17 with findings and conditions of approval (Attachment No. 1). .MYNA MORGAN EDAW representative, responded to Councilmember Dettloff regarding whether the site was in the ORA 86 and stated that there were no burials at the site. She also reported on the Monarch butterflies and referred to Page No..140, Councilmember Dettloff inquired of staff and the consultant if there are any legal, planning or environmental reasons why this project should not go forward. Councilmember Bauer presented questions to Planning Director Zelefsky regarding the environmental process as it relates to property rights. He stated that he believed that an Environmental Impact Report is needed on this land. Councilmember Sullivan contrasted Jayna Morgan, EDAW representative's statement on the archaeological site issue with a letter written previously by her company. Ms. Morgan stated that this was in the summary. Councilmember Julien asked the developer if they had received an offer to buy the land and the developer replied that they had not. A vote was taken on the following motion which had been made by Garofalo, second Julien: Approve Mitigated Negative Declaration No. 98-11 with findings and mitigation measures (Attachment No. 1), and approve Tentative Tract Map No. 15734, Conditional Use Permit No. 98- 49, Coastal Development Permit No. 98-17 with findings and conditions of approval (Attachment No. 1). (See Attachment No. 1 - Findings and mitigation measures on Page No. 30) The motion carried by the following roll call vote: AYES: Julien, Garofalo, Green, Dettloff NOES: Bauer, Harman, Sullivan ABSENT: None 530 Page 20 - Council/Agency Minutes—06107/99 MOTION TO REMOVE ITEM FROM AGENDA FAILS A motion was made by Garofalo, second Sullivan that the Council consider the Consent Calendar and that the administrative item relative to the City Council's position on pending state and federal legislation be removed from the agenda. The motion failed by the following roll call vote: AYES: Garofalo, Green, Julien NOES: Bauer, Dettloff, Harman, Sullivan ABSENT: None CONSENT CALENDAR -- ITEMS REMOVED FOR SEPARATE DISCUSSION (City Council) Authorization To Award Construction Contract For Fire Station No. 6 — Edwards -- Bid Award To Weeger Bros. -- Authorized Execution Of Construction Contract — CC-1084 (600.80) (City Council) Plans And Specifications For The Downtown Sewer Rehabilitation Project — Phase I -- CC-1098 — Approved Authorization To Advertise For Bids — Approved Sample Contract (600.60) Councilmember Sullivan requested that his no vote be recorded on the Consent Calendar item relative to the office space lease between Abdelmuti Development Company and Michael Makasjian. CONSENT CALENDAR — ITEMS APPROVED Councilmember Julien requested to record an abstention on the Consent Calendar item regarding the Guarantee and Warranty Bond For Tract No. 13569 as her residence is in the area. On motion by Harman, second Dettloff Council approved the following Consent Calendar items as recommended by the following roll tali vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan (Garofalo absent from room) NOES: None ABSENT: None (CITY COUNCIUREDEVELOPMENT AGENCY) MINUTES — Approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of April 19, 1999, and corrected pages 1 and 2 of the February 16, 1999 regular meeting as written and on file in the Office of the City Clerk. 531 06/07/99 - Council/Agency Minutes- Page 21 (CITY COUNCIL) APPROVED REIMBURSEMENT AGREEMENT BETWEEN CITY & PLC LAND COMPANY RE, PROFESSIONAL PLANNING SERVICES (FOCUSED ENVIRONMENTAL IMPACT REPORT) IN CONNECTION WITH THE NORTHAM RANCH HOUSE PROJECT— NIO YORKTOWN, W10 PACIFIC RANCH DRIVE — APPROVED FUND APPROPRIATION (600.10) — 1. Approved the Reimbursement Agreement as prepared by the City Attorney, between the City and PLC Land Company for the term of April 1, 1999 through February 29, 2000, subject to mutual agreement by the City and PLC and authorized the Mayor and City Clerk to sign and 2. Appropriated funds in the amount of $78,758.00 in connection with the Reimbursement Agreement between the City and PLC Land Company. (To be fully reimbursed by PLC Land Company). (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT WITH EIP ASSOCIATES FOR THE PREPARATION OF A FOCUSED ENVIRONMENTAL IMPACT REPORT FOR THE NORTHAM RANCH HOUSE PROJECT — NIO YORKTOWN, W/O PACIFIC RANCH DRIVE — APPROVED FUND APPROPRIATION — APPROVED MODIFICATION -TO INSURANCE REQUIREMENTS (600.10) — 1. Approved the Professional Services Contract, in the amount of $78,758.00, as prepared by the City Attorney, between the City and EIP Associates, subject to mutual agreement by the City and EIP Associates, and authorized the Mayor and City Clerk to sign; and 2. Appropriated funds in the amount of $78,758.00 for the Professional Services Contract between the City and EIP Associates which the developer will fully reimburse the city; and 3. Approved the waiver from the city's zero professional liability insurance deductible amount as recommended by the Settlement Committee. (CITY COUNCIL) APPROVED THE WAIVER OF PROFESSIONAL LIABILITY INSURANCE FOR HINDERLITER, DE LLAMAS AND ASSOCIATES REGARDING CONTRACT FOR STAFF TRAINING FOR IMPLEMENTATION OF BUSINESS COOPERATION PROGRAM (600.10) — Approved the waiver of professional liability insurance for Hinderliter, DeLlamas and Associates for the implementation of the Business Cooperation Program as described in the Scope of Services of Attachment No. 1, Exhibit A. (Agreement to be entered into between Economic Development Director and Hinderliter, DeLlamas & Associates and on file in the City Clerk's Office). (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-38 CONCERNING POSSIBLE THREAT OF GROUNDWATER CONTAMINATION BY METHYL TERTIARY BUTYL ETHER (MTBE) (520.20) — Adopted Resolution No. 99-38 concerning the possible threat of groundwater contamination by Methyl Tertiary -Butyl Ether (MTBE) — "A Resolution of the City Council of the City of Huntington Beach Concerning Possible Threat of Groundwater Contamination by Methyl Tertiary -Butyl Ether (MTBE) (CITY COUNCIL) APPROVED IMPLEMENTATION OF COCA -COLA AGREEMENT REGARDING VENDING MACHINES — APPROVED BUDGET AMENDMENT (600.10) — Approved an amendment to the FY 98199 budget by appropriating $35,000 into Account No. AA-CS-345-3-90-00 (from the $300,000 deposited into the General Fund from the Coca- Cola Agreement) for hiring an electrical contractor to provide the necessary service for 150 vending machine locations per the agreement with Coca-Cola. 532 Page 22 - Council/Agency Minutes—06107199 (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 15071 AND ACCEPT THE PUBLIC IMPROVEMENTS — BROADMOOR BEACH, LLC) WIS EDWARDS STREET, NIS SLATER AVENUE (420.60) — 1. Accepted the improvements constructed and dedicated for public use with Tract No. 15071 and 2. Released the Faithful Performance/Labor and Material Bond No. CBB1456 and Monument Bond No. CB81457 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted Maintenance Bond No. CBB11880; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Broadmoor Beach LLC of this action, and the City Treasurer to notify the bonding company, (National American Insurance Company), of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 14990 AND ACCEPTED THE PUBLIC IMPROVEMENTS — (PRESLEY HOMES) SIE CORNER CUMBERLAND DRIVENICTORIA LANE (FORMER GILL SCHOOL SITE) (420.60) — 1. Accepted the improvements constructed and dedicated for public use with Tract No. 14990, and 2. Released the Faithful Performance/Labor and Material Bond No. 111 3321 6199 and Monument Bond No. 111 3321 6115 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted Maintenance Bond No. 111 3321 6199-M; the security furnished for guarantee and warranty improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Presley Homes of this action, and the City Treasurer to notify the bonding company, (The American Insurance Company), of this action; and 5. Instruct the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 14515 AND ACCEPTED THE PUBLIC IMPROVEMENTS (PRESLEY HOMES) WIS OF EDUCATION LANE - S/O YORKTOWN AVENUE (FORMER BUSHARD SCHOOL SITE) (420,60) —1. Accepted the improvements constructed and dedicated for public use with Tract No. 14515 and, 2. Released the Faithful Performance/Labor and Material No. 111-321-6181 and Monument Bond No. 111 3216207 pursuant to Government Code Section No. 66499.7(b); and 3. Accepted Maintenance Bond No. 111 3321 6181-M; the security furnished for guarantee and warranty improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Presley Homes of this action, and the City Treasurer to notify the bonding company, (The American Insurance Company), of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 14007 AND ACCEPTED THE PUBLIC IMPROVEMENTS -- (H.B. HAMPTON PARTNERS) NIO GARFIELD AVENUE - WIO GOLDENWEST STREET (420.60) -- 1. Accepted the improvements constructed and dedicated for public use with Tract No. 14007 and, 2. Released the Faithful Performance/Labor and Material No. B95-013154 and Monument Bond No. B95-013155 (Ulico Casualty Company) pursuant to California -Government Code Section No. 66499.7(b); and 3. Accepted Guarantee and Warranty Bond No. B95-013154; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and 4. instructed the City Clerk to notify the developer, HB Hamptons Partners L. P. of this action, and the city Treasurer to notify the bonding company, (Ulico Casualty 533 06107/99 - Council/Agency Minutes- Page 23 Company), of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. (CITY COUNCIL) APPROVED RELEASE OF THE GUARANTEE AND WARRANTY BOND FOR TRACT NO. 13569 — (PACIFIC COAST HOMES) W1S LAKE STREET - S10 PARK STREET (420.60) --1. Released Guarantee and Warranty Bond No. U80 51 20-1203, (United Pacific Insurance Company); the security furnished for guarantee and warranty of improvements; and 2. Instructed the City Clerk to notify the Subdivider, Pacific Coast Homes, of this action, and the City Treasurer to notify the Bonding Company, of this action. Councilmember Julien abstained from voting on the above item. (CITY COUNCIL) RECEIVED AND FILED BIG INDEPENDENT CITIES EXCESS POOL (BICEP) FINANCIAL STATEMENTS & INDEPENDENT AUDITOR'S REPORT (310.75) --- Received and filed the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditors Report for the years ended June 30, 1998 and June 30, 1997. (CITY COUNCIL) APPROVED AGREEMENT WITH THE CALIFORNIA HIGHWAY PATROL FOR SUPPLEMENTAL LAW ENFORCEMENT FOR THE 4T" OF JULY (600,20) —1. Approved and authorized the Police Chief to execute and the City Clerk to attest to an agreement between the city and the California Highway Patrol with substantually the same terms and conditions as the attached 1998 agreement, incorporating the changes outlined in the attached side letter in an amount not to exceed $15,000 for police services on July 4, 1999 and authorized the expenditure of the $44,000 budgeted for contractual services provided under the existing Orange County Sheriff's Department multi -year contract and the California Highway Patrol contract above. The following communication on this item had been provided to the City Council by the City Attorney during the meeting: Communication from the City Attorney dated June 7, 1999 regarding the agreement with the California highway Patrol modifying the proposed Recommended Action No. 1. (CITY COUNCIL) APPROVED THE PROPOSED ENHANCED STREET POTHOLE RESPONSE PROGRAM (800.10) —Approved the proposed, enhanced Street Pothole Response Program and establish a three-part public notification program as described in the Request for Council Action dated June 7, 1999 (There are current funding resources) (See related item C-2b) (CITY COUNCIL) APPROVED INSURANCE DEDUCTIBLE WAIVER FOR THE AGREEMENT BETWEEN CITY ATTORNEY & LAW FIRM OF ATKINSON, ANDELSON, LOYA, RUUD & ROMO — RELATIVE TO REPRESENTING THE CITY IN PERSONNEL AND LABOR RELATIONS MATTERS (600.10) — Approved an insurance deductible of $50,000 for the professional liability insurance, as recommended by the Settlement Committee. (CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 14829 OF TENTATIVE TRACT MAP NO. 14829, WITH BONDS AND AGREEMENTS — APPROVED SUBDIVISION AGREEMENT - (SEAVIEW VILLAGE) SIW CORNER OF INTERSECTION OF TALBERT AVENUEIJOYFUL LANE — SASSOUNIAN CAPITAL VENTURES, INC. (420.60) — Approved Final Tract Map No. 14829 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements set forth in (Attachment No. 1). Findings for Acceptance of Final Map: 1. Final Tract Map No. 14829 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14829 conditions of approval as approved by the Planning Commission. Requirements: 1. Offer of dedication 534 Page 24 - Council/Agency Minutes—06/07199 and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file bonds with the City Treasurer: a. Faithful Performance Bond No. 3SM95693600 as presented in Attachment No. 6. b. Labor and Material Bond No. 3SM95693600 as presented in Attachment No. 6. c. Monument Bond No. 3SM95693700 as presented in Attachment No. 6 (American Motorists Insurance Company), 3. Instructed 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 of 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; f. Comply with Tentative Tract Map No. 14829 Condition No. 2 (0) which requires the developer to negotiate with the appropriate school districts with the intent to mitigate the impact on school facilities and approve and authorize the Mayor and City Clerk to execute the Subdivision Agreement (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-39 -- AUTHORIZING STREET CLOSURES IN CONNECTION WITH 4Th OF JULY CELEBRATION ACTIVITIES (960.30) — Adopted Resolution No. 99-39 "A Resolution of the City Council of the City of Huntington Beach Authorizing Street Closures for the Fourth of July." (CITY COUNCIL) ACCEPTED LOW BID FOR BUILDING REPAIRS, PAINTING AND WATERPROOFING OF THE CIVIC CENTER COMPLEX --- MSC-403 — APPROVED CONTRACT WITH IONIC CONSTRUCTION COMPANY (600.90) — 1. Accepted low bid submitted by Ionic Construction for building repairs, painting and water proofing of the Civic Center Complex; and 2. Approved the attached contract between the City and Ionic Construction and authorize execution by the Mayor and City Clerk and directed the City Clerk to return the bid bonds upon execution of the contract. 3. Authorized a project budget of $190,470 to cover contract costs of $170,370, a change order budget of $17,100 and incidental expenditures not to exceed $3,000. (CITY COUNCIL) APPROVED INSURANCE DEDUCTIBLE WAIVER FOR THE AGREEMENT BETWEEN THE CITY ATTORNEY & THE LAW FIRM OF MCDONOUGH, HOLLAND & ALLEN — REGARDING HOLLY-SEACLIFF DEVELOPMENT PROJECT (600.10) - Approved an insurance deductible of $100,000 for the professional liability insurance. (Agreement on file in the City Clerk's Office) (CITY COUNCIL) ACCEPTED WORK ON THE POLICE DNA LABORATORY EXPANSION PROJECT — CC-1082 -- FILED NOTICE OF COMPLETION — AMELCO CONSTRUCTION, INC. (600.80) — Accepted work on The Police DNA Laboratory Expansion project completed by Amelco Construction, Inc. at a final cost of $141,443 and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (CITY COUNCIUREDEVELOPMENT AGENCY) APPROVED AS TO FORM - OFFICE SPACE LEASE BETWEEN ABDELMUTI DEVELOPMENT CO. & L. MICHAEL MAKASJIAN (OCEANVIEW PROMENADE) — MAIN -PIER REDEVELOPMENT PROJECT SUB -AREA (600.30) —Approved as to Form the attached office space lease between Abdelmuti Development Company and L. Michael Makasjian regarding Suite 2D in the Oceanview Promenade pursuant to the Owner Participation Agreement between the Agency and Adbelmuti Development Company. 535 06/07/99 - Council/Agency Minutes- Page 25 (CITY COUNCIL) APPROVED INSURANCE SUBSTITUTION FROM KMA CONSULTANTS, INC., FOR SEMPRA ENERGY SOLUTIONS AGREEMENT APPROVED ON 415/99 — MSC-352 — ENERGY EFFICIENT EQUIPMENT RETROFIT PROGRAM AT CIVIC CENTER COMPLEX & CENTRAL LIBRARY (600.90) — Approved the professional liability insurance coverage received from KMA Consultants to substitute for Sempra Energy Solutions relative to the agreement between the City and Sempra Energy Solutions approved on April 5, 1999 to retrofit lighting and HVAC (Heating, ventilation, and air conditioning) facilities at the Civic Center complex and in the older portion of the Central Library. (CITY COUNCIL) APPROVED AUTHORIZATION TO AWARD CONSTRUCTION CONTRACT FOR FIRE STATION NO. 6 — EDWARDS — BID AWARD TO WEEDER BROS. —AUTHORIZED EXECUTION OF CONSTRUCTION CONTRACT — CC-1084 (600.80) The City Council considered a communication from the Public Works Director and the Fire Chief recommending that Council award a construction contract for Fire station No. 6 to Weeger Brothers Incorporated. Public Works Director Beardsley responded to questions of Councilmembers Harman and Sullivan. A motion was made by Sullivan, second Green to approve the following recommended actions: 1. Approve the lowest responsive/responsible bid submitted by Weeger Bros., Inc., 2124 Main Street, Suite 146, Huntington Beach, for Fire Station No. 6-Edwards, CC-1084; and 2. Authorize the Mayor and City Clerk to execute the construction contract in the amount of $2,329,000 and; 3. Authorize the Director of Public works to expend a total of $2,934,355 to cover the contract amount of $2,329,000, estimated construction contingency of $233,000, and supplemental expenditure of $372,355. The motion carried by the following roll call vote: AYES: Bauer, Green Dettloff, Harman, Sullivan (Julien and Garofalo absent from the room) NOES: None ABSENT: None (CITY COUNCIL) APPROVED PLANS AND SPECIFICATIONS FOR THE DOWNTOWN SEWER REHABILITATION PROJECT — PHASE I — CC-1098 — APPROVED AUTHORIZATION TO ADVERTISE FOR BIDS — APPROVED SAMPLE CONTRACT (600,60) The City Council considered a communication from the Public Works Director requesting approval of plans and specifications of the downtown sewer rehabilitation project and requesting authorization to advertise for bids and approval of a sample contract. Public Works Director Beardsley responded to questions regarding the proposed project. A motion was made by Sullivan, second Green to approve the following recommended actions: 1. Approve the attached sample contract subject to award of contract to the lowest responsive/responsible bidder and; 2. Approve final plans and specifications, and direct the City Clerk to advertise the Downtown Sewer Project -Phase I for bid. (Funding Source: $900,000 City Emergency Repair Sewer Fund/$900,000 O.C. Sanitation District Grant) (See Agenda item C-2a) 536 Page 26 - Council/Agency Minutes—06/07/99 The motion carried by the following roll call vote: AYES: Bauer, Green, Dettloff, Harman, Sullivan (Julien and Garofalo absent from the room) NOES: None ABSENT: None CITY COUNCIL) APPROVED CITY COUNCIL ECONOMIC DEVELOPMENT COMMITTEE STATEMENT OF PURPOSE (460.35) The City Council considered a communication from the Economic Development Director transmitting for Council consideration the City Council Economic Development Committee, June, 1999 Statement Of Purpose announced earlier in the meeting by the City Clerk setting forth goals, objectives, and guidelines for the City Council Economic Development Committee. This Statement of Purpose has been prepared pursuant to City Council direction at the May 3, 1999 Council meeting. A motion was made by Garofalo, second Green to approve the City Council Economic Development Committee June 1999 State of Purpose. The motion carried unanimously. (CITY COUNCIL) APPROVED CITY COUNCIL POSITIONS ON PENDING STATE/FEDERAL LEGISLATION AS RECOMMENDED BY THE CITY COUNCILIINTERGOVERN MENTAL - RELATIONS COMMITTEE —ASSEMBLY BILLS/SENATE BILLS (120.70) The City Council considered a communication from the City Council Intergovernmental Relations Committee and the City Administrator transmitting for Council consideration the committee's recommendations regarding positions for Council to take on legislation currently pending before the elected members of the federal or state government. Motion Fails to Oppose SB 32 (Peace) Hepatitis A Presumptive Disease - Worker's Compensation Administrative Services Director John Reekstein presented a staff report presenting reasons why staff recommended opposition to SB 32 (Peace) relative to making hepatitis a presumptive disease under workers' compensation for public safety officers. A motion was made by Sullivan, second Harman that Council oppose SB 32 (Peace) which would make hepatitis a presumptive disease under workers' compensation for Public Safety Officers, and authorize the Mayor to send letters of opposition to our state legislators The motion failed by the following roll call tie vote: AYES: Bauer, Harman, Sullivan (Green absent from the room) NOES: Julien, Garofalo, Dettloff ABSENT: None Adopted Motion to Oppose SB 402 (Burton) Binding Arbitration - Firefighters/Law Enforcement Administrative Services Director Reekstein reported on SB 402 (Burton) relative to binding arbitration for firefighters or law enforcing officers. He referred to a slide report on the subject. 537 06/07/99 - Council/Agency Minutes- Page 27 Councilmember Julien asked how many cities have binding arbitration and with what results A motion was made by Harman, second Sullivan to oppose SB 402 (Burton) which would provide that if representatives of an employer of a firefighter or law enforcement officer are unable to agree to the appointment of a mediator or if a mediator is unable to effect settlement of a dispute between the parties, the employee organization may request that their differences be submitted to an arbitration panel, and authorize the Mayor to send letters of opposition to our state legislators The motion carried by the following roll call vote: AYES: Bauer, Green Dettloff, Harman, Sullivan NOES: Julien ABSTENTIONS: Garofalo ABSENT None Motion to Oppose SB 739 (Wildman) Agency Shop Agreement - City Employees Administrative Services Director Reekstein presented a staff report on SB 739 (Wildman) relative to agency shop agreement. City Administrator Silver reported on staffs concern with this proposed legislation. A motion was made by Harman, second Sullivan that Council oppose SB 739 (Wildman) which would authorize an agency shop agreement without a negotiated agreement upon a signed petition by 30% of the employees in the applicable bargaining unit requesting an agency shop agreement and majority approval of the employees voting on the issue, and authorize the Mayor to send letters of opposition to our state legislators The motion carried by the following roll call vote: AYES: Bauer, Green, Dettloff, Harman, Sullivan NOES: Julien ABSTENTIONS: Garofalo ABSENT: None AB 809 (Environmental License Plates) And SB 98 And AB 38 (South Coast Air Quality District - Clean Burning Fuel) Deferred To June 21, 1999 Discussion was held regarding AB 809 which would require one half of the additional fees from special environmental design license plates to be deposited in a special fund. The following legislation was deferred by the Mayor to the next City Council meeting: (Strom - Martin) which would require one half of the additional fees from special environmental design license plates be deposited in a special fund to be established for grant to public agencies and non-profit entities or organizations for the maintenance and operation of environmentally sensitive habitat areas. SB 98 (Alarcon) & AB 38 (Wesson) companion bills that would require the south coast district to establish an Office of Technology advancement to administer the clean -burning fuels program and to establish an advisory group to make recommendations regarding the program, technology advancement and pollution reduction. 538 Page 28 - Council/Agency Minutes—06/07/99 (CITY COUNCIL) APPROVED IMPLEMENTATION OF ENVIRONMENTALLY PREFERABLE PRACTICES WORK PLAN (520.10) The City Council considered a communication from the Administrative Services Director and the Director of Public Works transmitting the Work Plan developed to establish and implement environmentally preferable practices that includes product research, employee and community education and review of environmentally sensitive practices currently in place. Rick Amadril, Purchasing Officer, presented a staff report utilizing slides. Administrative Services Director Reekstein responded to Council's questions regarding costs. Counciimember Harman commended Purchasing Officer Amadril for his work on this plan. He referred to a document that advises methods for cities to make savings using environmental products. A motion was made by Harman, second Dettloff to approve the implementation of the Environmental Preferable Practices Work Plan. The motion carried unanimously. (CITY COUNCIL) ADOPTED ORDINANCE NO. 3431 TO AMEND HBMC -- SEX ORIENTED BUSINESSES (640,10) —"An Ordinance of the City of Huntington Beach Amending Chapter 5.70 of the Huntington, Beach Municipal Code Relating to Sex -Oriented Businesses." (Amends permit regulations for sex -oriented businesses and sex -oriented performers.) (Introduced on May 3, 1999 and on May 17, 1999 as amended) A motion was made Garofalo, second Harman to approve the adoption of Ordinance No. 3431 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 539 06/07/99 - Council/Agency Minutes- Page 29 ADJOURNMENT - CITY COUNCIUREDEVELOPMENT 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 June 21, 1999 at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: .I City Clerk/Clerk // 6EA-y' CityMerk and ex-officio ClerktT the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor/Chairman 540