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HomeMy WebLinkAbout1999-07-06MINUTES CITY COUNCII_.1REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Tuesday, July 6, 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 COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer Green, Dettloff, Harman, Sullivan, Absent: Garofalo PUBLIC COMMENTS REGARDING STUDY SESSION AND CLOSED SESSION AGENDA ITEMS CHUCK SCHEID questioned the item in the Diehl, Evans and Company, 1997-1998 audit report regarding the Police Department's procedure for disposal of items scheduled to be discussed at the study session. (CITY COUNCILIREDEVELOPMENT AGENCY) STUDY SESSION — REVIEW OF FINANCIAL AUDIT FOR FISCAL YEAR 1999/2000 (30020) The City Council considered a communication from Diehl, Evans & Company, LLP, transmitting a report relative to the audit of the city financial statements for the year ended September 30, 1998. The staff report titled Responses To Management Letter From Diehl, Evans and Company, Fiscal Year 1997198 was also included for review by Council. These communications were announced at the 7:00pm portion of the Council meeting under the City Clerk's Announcement of Late Communications. Slide report from the Administrative Services Department (not dated) titled Response to Management Letter from Diehl, Evans and Company LLP - FY 1997-98. Administrative Services Director Reekstin presented a report on the audit performed by Diehl, Evans and Company, LLP. He introduced Mr. Nitin Patel, CPA, Partner, representing Diehl Evans and Company. Mr. Reekstin also introduced Dan Villeila, Finance Director, and Robert Sedlak, Principal Accountant. Administrative Services Director Reekstin stated that City 568 Page 2 - Council/Agency Minutes — 07/06/99 Treasurer Freidenrich was also present. Finance Director Villella reviewed staff responses to the Management Letter including the record storage and retrieval item. Councilmember Harman questioned the portion of the report - "account records could not be located" and staff response that the account could not be easily located_ Mr. Patel informed Council that other records had been located which had sufficed. Administrative Services Director Reekstin, in response to Councilmember Harman's question, stated that the Administrative Services Department is in Phase I I of the Imaging Program. Dan Villella, Finance Director, reviewed slides pertaining to cash and investment bank accounts/stale dated checks. City Treasure Freidenrich reported on the subject. Finance Director Villella continued with the slides, covering subjects including Accounts Receivable And Reconciliation. City Treasurer Freidenrich also reported on this issue. Insurance Reserve; Service Organizations; Emerald Cove SenlorProject slides were reported upon. Councilmember Harman stated that he would like to see the Emerald Cove Senior Project Management Company and any other such agencies audited every two to three years rather than every 10 years. City Administrator Silver and Administrative Services Director Reekstin spoke regarding the need to audit The Emerald Cove Management Agreement. He informed Council that the newly structured Real Estate Division of the Administrative Services Department will be assigned this responsibility. Finance Director Villella continued the slide report. The slides titled EDP Disaster Recovery Plan; Deferred Compensation Plan relative to Trust Deed; Investments; Journal Entries; Payroll System Interface; Vacation And Disability Advances Reconciliation to General Ledger, and Property, Plant and Equipment were covered. Discussion was held regarding the procedure to sell surplus property such as automobiles. Finance Director Villella reported. City Administrator Silver reported that he will meet with the Police Department staff and the Administrative Services Director regarding the procedure. Councilmember Bauer stated that he would like written documents from the auditor regarding the procedure that should be followed. Mr. Patel, Diehl, Evans & Company, partner, responded to various questions of the Councilmembers. Councilmember Bauer spoke regarding that fiduciary responsibilities of the City Council. He spoke regarding feature types of reports he would like to see prepared. Councilmember Bauer stated that he would follow-up on this matter in a memo to the City Administrator. City Administrator Silver stated that this Management Letterfrom Diehl, Evans and Company, LLP is a good report. Councilmember Garofalo arrived at the Council meeting. 569 07/06/99 - Council/Agency Minutes - Page 3 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, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (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 54956.8 to give instructions to the city's negotiator, Ron Hagan, Community Services Director regarding negotiations with Barbara and Monte Nitzkowski concerning the purchaselsalelexchangellease of the property located at 300' east of the Pier on the beach between 15t and 2"d Streets. Instruction will concern: Both price and terms of payment. Subject: Direction to City Staff regarding real estate negotiations on property located 300' east of the Pier on the beach between 'I' and 2"d Streets. (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 of Huntington Beach v. PERS, - Orange County Superior Court Case No. 77 99 58. Subject: City of Huntington Beach v. PERS. (120.80) REPORT OF ACTION TAKEN PURSUANT TO GOVERNMENT CODE SECTION §54957.1 - RUSSELL VS. FRAIZER, et al - OCSCC NO. 792562. Deputy City Attorney Paul D'Allesandro announced that on Monday June 28, 1999 the City Council convened in closed session to discuss the matter of Russell vs. Fraizer, et al, Orange County Superior Court Case No. 792562. The City Council gave its approval to authorize settlement of this case in the amount of $35,000. The Council voted as follows: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None A communication from the City Attorney dated July 6, 1999 titled Report of Action Pursuant to Government Code Section 54957.1 dated June 28, 1999, City Council closed session - City of Huntington Beach v. Kemper Insurance Companies was provided to the City Clerk. REPORT OF ACTION TAKEN PURSUANT TO GOVERNMENT CODE SECTION §54957.1 JUNE 28, 1999 CITY COUNCIL CLOSED SESSION - CITY OF HUNTINGTON BEACH VS. KEMPER INSURANCE COMPANY A communication from the City Attorney dated July 6, 1999 titled Report of Action Taken Pursuant to Govemment Code section 54957.1, June 28, 1999, City Council closed session and is on file in the City Clerk's Office. 570 Page 4 - Council/Agency Minutes — 07/06/99 Deputy City Attorney Paul D'Allesandro announced that on Monday June 28, 1999 the City Council convened in closed session to discuss the matter of the city of Huntington Beach vs. Kemper Insurance Company. The City Council gave its approval to authorize the City Attorney to pursue an action against Kemper Insurance Companies and any other responsible party for breach of insurance contract. 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 Council voted as follows: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING Mayor Green reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:00 p.m. ROLL. CALL Present: Julien, Bauer, Green, Dettloff, Harman, Sullivan Absent: Garofalo FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Rag Ceremony and Pledge of Allegiance were presented by Huntington Beach ambassadors to Waitakere and Anjo. INVOCATION The invocation was offered by Mr. Bill Shane, Executive Director, Orange County Region, The National Conference for Community and Justice. PRESENTATION — Introduction to the Mayor and City Council by George Erber, Sister City Board President, of the Student Ambassadors from Sister Cities Waitakere, New Zealand and Anjo, Japan and their Huntington Beach counterparts. Presentation by Mayor Green of a gift bag to visiting Student Ambassadors from Waitakere and Anjo, Anjo Students Kousuke Hamaguchi, Age 15 Sake Ihihara, Age 15 Yoshie Ishikawa, Age 14 Yyka Tsukiyama, Age 14 Anjo Chaperone Yoshinori Mukai Huntington Beach Counterparts Kristin Melia, Age 15 Jennifer Morton, Age 17 Briana Burden, Age 14 Alicia Shelly, Age 15 Huntington Beach Chaperone Jennifer Dixon 571 07/06/99 - Council/Agency Minutes - Page 5 New Zealand Students Kurt Holsted, Age 15 Kelly Drinna, Age 17 Jenny Brewerton, Age 17 (Unable to attend) Renee Pascalle Brierley, Age 14 New Zealand Chaperone Nic Mason Hunington Beach Counterparts Chris Cathey, Age 15 Shelly Smith, Age 17 Kendra Shanley, Age 16 Carolyn Plummer, Age 14 Hunting Beach Chaperone Audra Fabian PRESENTATION — By Mayor Green and Director of Public Works Bob Beardsley, to Mr. Jim Hicks, for a total of eight years service on the Traffic Commission and the Public Works Commission, respectively. PRESENTATION -- By Mayor Peter Green of the Mayor's Award: Mayor Green presented the Mayor's Award to Lisa Koch, Permit Technician, Building and Safety Department in recognition of the exemplary service she provides to the members of the community who require assistance from the Building and Safety Department. Ross Cramer, Director of Building and Safety spoke regarding Ms. Koch's excellent customer service and reported that many favorable comments from the public had been received. 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 the City Attorney dated July 6, 1999 - titled Report of Action Taken Pursuant to Government Code Section 54957.1 June 28, 1999, City Council Closed Session — regarding Russell vs. Fraizer et al, Orange County Sperior Court Case No. 792562. Communication from the City Attorney dated July 6, 1999 regarding a Report of Action Taken Pursuant to Government Code Section 54957.1 June 28, 1999, City Council Closed Session — City of Huntington Beach v. Kemper Insurance Companies. Slide report from the Administrative Services Department (not dated) titled Response to Management Letter from Diehl, Evans and Company LLP - FY 1997-98. Communication dated February 8, 1999 from Diehl Evans and Company LLP to the City Council regarding the audit of the city's Financial Statements for the City of Huntington Beach for the year ending September 30, 1998 Communication from the Director of Public Works dated July 6, 1999 titled Reinstatement of "Twice per Month" Street Sweeping and a request from staff that this item be removed from the agenda due to unresolved issues of prevailing wage standards. 572 Page 6 - Council/Agency Minutes — 07/06199 Slide show presentation from the Planning Director dated July 6, 1999 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 Larry Smith and Veronika Tracy -Smith, Ph.D.,dated July 5, 1999 regarding the rescinding of Resolution No. 99-27 and requesting that Council treat the parcels of land as separate plan amendments and pursue the covenant to build single family residences only from Mr. Lindborg, following the Council directive to staff on April 19, 1999. The City Clerk announced that the item on the agenda regarding purchase of small lots in Huntington Central Park should reflect six lots and that missing from the agenda is reference to Assessors Parcel No. 110, 152-09. She stated that the staff report in the Council packet contained the missing information. Slide show presentation from the Economic Development Director dated July 6, 1999 titled Proposed 1999 Redevelopment Plan Amendment. Slide show presentation from the Economic Development Director dated July 6, 1999 titled Bowen Court Senior Housing. Slide show presentation for the Public Works Director dated July 6, 1999 titled City Refuse Collection Services - Rainbow Disposal Franchise Agreement PUBLIC COMMENTS JOHN LYNCH addressed Council regarding Assembly Bill 98 and Senate Bill 15 (firearms) and in opposition to the City Council action of the last meeting to support this state legislation. DON MC GEE spoke in opposition to aerial advertising as he believes it is invasive and recommended a public boyott of the businesses advertising in this manner. He spoke regarding what he believes is the effect of aerial advertising on the community. LAURIE WILSON spoke in opposition to Council action at the last meeting supporting Senate Bill 15 (firearms). GORDON FEEST spoke in opposition to Council support of Senate Bill 15 (firearms). GEORGE ARNOLD spoke in opposition to what he believes is too high a charge for trash fees and recommended renters be charged $65 every three months for trash collection. DEBBIE JOSEPHSON presented a video showing a "funeral" held by a small city to express that city's concern that small businesses in their city will fail due to a Wal-Mart locating in their city. MARVIN JOSEPHSON spoke in opposition to the Wal-Mart project stating that the California Coastal Commission voted not to rezone the land in Eureka, California, yet Wal-Mart in that location is still persevering. He stated that the closed Rancho View school site in Huntington Beach has been lost to Eagle Hardware. Mr. Josephson stated that we need to stop this trend and save the valuable Crest View site for school, youth sports, and our neighborhood. 573 07/06/99 - Council/Agency Minutes - Page 7 ROBERT CRONK spoke regarding signs against Wal-Mart which he believed were removed by the Police Department. He stated that the Mayor had requested an investigation of this matter but an investigation had not been made. BARBARA BOSKEVICH informed Council that she had been informed by the person running Farmer's Market in the downtown area that she is not allowed to circulate the initiative petition relative to the Crest View - Wal-Mart site. She stated that the election code permits such activity. GRETCHEN BENEDETTINI expressed her opposition to Council's vote at the last meeting to support state legislation regarding firearms. She spoke in opposition to the procedure followed. Ms. Benedettini stated that she believes Council should have taken the time to research the item; also that Council should concentrate on local items. Statement By Mayor Green Regarding City Council Actions On State And Federal Legislation Mayor Green presented reasons why he believes the City Council must act on issues of federal and state legislation brought before it by the Intergovernmental Relations Committee. He stated that there are important issues under consideration by the state and federal government which have effect on the city, such as California Coastal Commission issues. Report Requested Regarding Circulation Of Initiative Petition - Farmer's Market - Downtown Area. Councilmember Harman requested the City Administrator to look into the matter brought before Council by a speaker during public comments who stated she had been informed by the operator of the Farmer's Market that she could not circulate an initiative petition at the Farmer's Market. Report By Police Chief Regarding Signs In The Crest View Area Police Chief Lowenberg, at the request of Council, reported on the investigation conducted by his office which indicated that city employees, including Police Department employees had not removed signs which opposed Wal-Mart at the Crest View location. Comment By Councilmember Sullivan Regarding Intergovernmental Relations Committee - Firearms Legislation Councilmember Sullivan spoke regarding his understanding of the purpose of the Intergovernmental Relations Committee. He also stated that he would like the City Council to not take positions on firearms issues. (CITY COUNCILIREDEVELOPMENT AGENCY) CITY ADMINISTRATOR'S REPORT 574 Page 8 - CouncillAgency Minutes — 07/06/99 (CITY COUNCIL) APPROVED SELECTION OF CLAY MARTIN AS THE DIRECTOR OF ORGANIZATIONAL EFFECTIVENESS — APPROVED EMPLOYMENT AGREEMENT BETWEEN CITY & CLAY MARTIN (600.10) The City Council considered a communication from the City Administrator requesting Council approval of his recommendation that Clay Martin be hired as the Director of Organizational Effectiveness and transmitting a proposed agreement between Mr. Martin and the city for Council's consideration. City Administrator Silver presented a staff report. A motion was made by Dettloff, second Green to approve the following actions: 1. Approve the recommendation of the City Administrator to hire Clay Martin as the Director of Organizational Effectiveness and 2. approve the Employment Agreement Between The City Of Huntington Beach And Clay Martin for the position of Director of Organizational Effectiveness and authorize the City Administrator and City Clerk to execute same. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) TWICE PER MONTH STREET SWEEPING REPORT 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 Director of Public Works dated July 6, 1999 titled Reinstatement of "Twice per Month" Street Sweeping and a request from staff that this item be removed from the agenda due to unresolved issues of prevailing wage standards. City Administrator Silver informed the City Council that a report on this item would not be made as he was requesting that the item be deleted from the City Council agenda. (CITY COUNCIL) REPORT ON ENHANCED STREET POTHOLE RESPONSE PROGRAM (800.10) The City Council reviewed a report from the Director of Public Works regarding the Enhanced Street Pothole Response Program approved by Council on June 7, 1999. Beginning July 6, 1999 residents may call toll free 888-FIXHOLE to report potholes. Pothole repairs will be completed within three business days and followed up by periodic inspections. City Administrator Silver presented a staff report. APPRECIATION EXTENDED TO POLICE DEPARTMENT FOR 4TH OF JULY SAFETY The City Council thanked the members of the Police Department for their work to ensure a safe Fourth of July Holiday in the city of Huntington Beach. 575 07/06/99 - Council/Agency Minutes - Page 9 RECESS TO CLOSED SESSION Mayor Green recessed the City Council meeting to closed session at 8:30 p.m. to consider the following item: (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) RECONVENE Mayor Green reconvened the City Council meeting at 8:45 p.m. (CITY COUNCIL) PUBLIC HEARING - DECISION CONTINUED TO JULY 19, 1999 RE: RECOMMENDATION TO DENY GENERAL PLAN AMENDMENT NO. 99-11ZONING TEXT AMENDMENT 99-11ZONING MAP AMENDMENT NO. 99-1/LOCAL COASTAL PROGRAM AMENDMENT NO. 99-1 (PACIFIC COAST HIGHWAY LOT REDESIGNATIONS) — NIS PACIFIC COAST HIGHWAY BETWEEN 16T" & 18"" STREETS — (APPLICANT: CITY OF HUNTINGTON BEACH) (440.50) Mayor Green announced that this was the time scheduled for a public hearing to consider the following item: Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Applicant: City of Huntington Beach Request: General Plan Amendment: Rescind Resolution No. 99-27 which previously approved a change from Visitor Serving Commercial to Residential High Density on the subject properties, and reinstate the original General Plan designation of Visitor Serving Commercial. Zoning Text Amendment/Zoning Map Amendment: Uphold the zoning of Downtown Specific Plan District 1 (Visitor Serving Commercial) for the subject properties. Local Coastal Program Amendment: Rescind Resolution No. 99-28 which previously approved an amendment to the Local Coastal Program to reflect the approved change to the General Plan for the subject properties. Location: Two (2) half -blocks (20 lots total) which are apQroximately 1.82 net acres on the north side of Pacific Coast Highway, between 16'h and 18t Streets. Planning Director Zelefsky presented a staff report. He referred to a slide report 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 which was announced earlier in the meeting by the City Clerk. This slide report included past City Council actions on this property. Councilmember Bauer clarified his understanding of Planning Director Zelefsky's staff report relative to the property between 16" and 18"` Streets. 576 Page 10 - Council/Agency Minutes — 07/06/99 Mayor Green declared the public hearing open. City Clerk Brockway announced the following late communication which had also been announced earlier in the meeting: Communication from Larry Smith and Veronika Tracy -Smith, Ph.D.,dated July 5, 1999 in opposition to rescinding Resolution No. 99-27 and requesting that Council treat the parcels of land as separate plan amendments and pursue the covenant to build single family residences only from Mr. Lindborg, following the Council directive to staff on April 19, 1999. KEVIN KELTER advised the City Council that his company had agreed to the requested covenant. He stated that Mr. Cavis would like to commit to building single family residential on his property. Mr. Kelter requested Council approval of the proposed General Plan Amendment No. 99-1 and Zoning Amendment No. 99-1. LARRY SMITH informed Council that he opposed the rescinding of the previously adopted resolution. He informed Council that his wife and he would like to see the City Council treat the parcels of land as separate plan amendments and pursue the covenant to build single family residences only from Mr. Lindborg, as was the directive of the City Council to staff in the April 19, 1999 Council meeting. He requested that Council support residential development. JOANNE KESSELL informed Council that she had written Council regarding this subject previously. She questioned whether 100% of the property owners had to agree, referring to one of the property owners who told her that he was forced into it. She stated that she hoped that 17'h and 181h Streets would be planned residential. LENNY LINDBORG spoke regarding the time element, stating that he believes a decision should be made on this land use. JESSE ROSS addressed Council in support of residential development for the property. RICHARD KELTER informed Council of his support for single family residential, stating that Mr. Landis is the one hold -out. He stated that only one or two units could be added by Mr. Landis; that he believes that issue can be resolved. ROBERT CORONA informed Council of his support for single family home development on the properties under consideration in General Plan Amendment No. 99-1 - Zoning Text amendment No. 99-1. SCOT CAMPBELL, realtor, spoke in favor of single family residential planning. He stated that the property would naturally be zoned single family residential as it does not lend itself otherwise. 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. Councilmember Harman questioned how procedurally the covenants would work and the Planning Director reported. Planning Director Zelefsky responded to Councilmember Julien relative to downtown zoning issues. He reported on the issue of the land on which the building owned by the state is located. 577 07/06/99 - Council/Agency Minutes - Page 11 Councilmember Dettloff spoke regarding the project as it relates to the Coastal Commission involvement. A motion was made by Harman, second Green to continue decision to the Council meeting of July 19, 1999 relative to a decision to General Plan Amendment No. 99-1, Zoning Text Amendment No. 99-1, Zoning Map Amendment No. 99-1, and Local Coastal Program Amendment No. 99-1. The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo (CIVIC IMPROVEMENT CORPORATION) ANNUAL MEETING OF THE HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION - THE MAYOR WILL RECESS THE COUNCIUAGENCY MEETING IN ORDER TO CONVENE ANNUAL REGULAR MEETING OF THE CIVIC IMPROVEMENT CORPORATION (125.20) President Green called the annual meeting of the Huntington Beach Civic Improvement Corporation to order. ROLL CALL: Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan Absent: Garofalo CIVIC IMPROVEMENT CORPORATION MINUTES A motion was made by Dettloff, second Harman to approve and adopt the minutes of the regular meeting held July 20, 1998 as written and on file in the Secretary's office. The motion carried unanimously with Councilmember Garofalo recorded absent. ADJOURNMENT The annual meeting of the Huntington Beach Civic Improvement Corporation was adjourned by the President. RECONVENE THE MEETING OF THE CITY COUNCILlREDEVELOPMENT AGENCY CONSENT CALENDAR ITEM REMOVED Low Bid Submitted by Universal Street Sweeping and Approve Contract to Reinstate "Twice per Month" Street Sweeping — MSC 379 CONSENT CALENDAR - ITEMS REMOVED FOR SEPARATE DISCUSSION Agreement With Orange County Fire Authority To Provide Advanced Life Support (Paramedic) Services To Sunset Beach Plans & Specifications and Authorize Advertisement for Bids for the Truck Wash Facility at the Water Operations Yard -- CC-1097 — Sample Contract 578 Page 12 - Council/Agency Minutes — 07/06/99 Remedial Repairs of Arterial Streets and Approval to File the Notice of Completion — MSC 402 — Hardy and Harper, Inc Reimbursement of PLC Land Company Drainage Fees — Construction of Master Planned Storm Drain Facilities Connecting Storm Drain in Goldenwest & Gothard Streets to Sully -Miller Lake — Holly-Seacliff Specific Plan Area Construction Bids for Heil Avenue/Saybrook Lane Intersection Project -- CC-1099 — Sample Contract Resolution No. 99-48 — Capital Improvement Program for the Years 1999/2000 Through 2005/2006 to Comply with Measure M Eligibility (Various Projects) Resolution No. 99-47 -- Blocks 104/105 — Declares Intent to Issue Tax -Exempt Bonds Disposition & Development Agreement — CIM Group (Area Bounded by PCH/MainA/Valnut/61h) Main -Pier Redevelopment Project Subarea CONSENT CALENDAR - ITEMS APPROVED On motion by Harman, second Bauer Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCILIREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency adjourned regular meeting of May 15, 1999, regular meeting of May 17, 1999 and adjourned regular meeting of May 27, 1999 as written and on file in the Office of the City Clerk. (CITY COUNCIL) APPROVED PURCHASE OF SIX SMALL LOTS IN HUNTINGTON CENTRAL PARK — N/ELLIS AVENUE, E/O EDWARDS STREET -- LEE FAMILY (650.40) — Approved the purchase of the following six lots from the Helen Lee Family with Assessor Parcel Numbers 110-162-19, 110-152-09, 110-182-03, 110-184-04 and 110-186-D4 (2 lots) located in Huntington Central Park north of Ellis Avenue and east of Edwards Street, and authorized the City Clerk to affix the City's acceptance when approved as to form by the City Attorney and record said deeds with the Orange County Recorder. Correction noted earlier in the meeting by the City Clerk that the above mentioned item should reflect 6 small lots - Assessor Parcel No. 110-152-09 (Connie will this work or what as it is in the late communications.) (CITY COUNCIL) APPOINTED FIRE CHIEF DOLDER AS BOARD MEMBER AND DIVISION CHIEF/OPERATIONS REYNOLDS AS ALTERNATE TO THE ORANGE COUNTY CITY HAZARDOUS MATERIALS EMERGENCY RESPONSE JOINT POWERS AUTHORITY FOR FISCAL YEAR 1999/2000 (110.20) — Appointed Fire Chief Michael Dolder as the city's Board Member to the Orange County -City Hazardous Materials Emergency Response Joint Powers Authority for Fiscal Year 1999/2000 and Division Chief/Operations Charles Reynolds as the City's Alternate Board Member. 579 07106199 - CouncillAgency Minutes - Page 13 (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 14659 AND ACCEPTED THE PUBLIC IMPROVEMENTS — LYON SHORES — SIE CORNER OF GOLDENWEST STREET & ELLIS AVENUE — (HOLLY-SEACLIFF SPECIFIC PLAN) (420.60) 1. Accepted the improvements constructed and dedicated for public use with Tract 14659; and 2. Released the Faithful Performance/Labor and Material No. 3SM 908 988 00 and Monument Bond No. 3SM 908 989 00 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted Maintenance Bond No. 3SM 908 988 00-A; 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, Lyon Shores No. 116, L.P., of this action, and the City Treasurer to notify the Surety, American Motorists 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. 14980 AND ACCEPTED THE PUBLIC IMPROVEMENTS — ANNANDALE ASSOCIATES — EIS GOLDENWEST STREET — S/O ELLIS AVENUE — (HOLLY-SEACLIFF SPECIFIC PLAN) (420.60) —1. Accepted the improvements constructed and dedicated for public use with Tract 14980; and 2. Released the Faithful Performance/Labor and Material No. 1558120 and Monument Bond No. 1558121 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted Maintenance Bond No. 1558120-M; 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, Annandale Associates, L.P., of this action; and the City Treasurer to notify the Surety, Insurance Company of the West, 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. 14978 AND ACCEPTED THE PUBLIC IMPROVEMENTS — LYON SHORES — S/W CORNER OF GOTHARD STREET & ELLIS AVENUE — (HOLLY-SEACLIFF SPECIFIC PLAN) (420.60) — 1. Accepted the improvements constructed and dedicated for public use with Tract No. 14978; and 2. Released the Faithful Performance/Labor and Material No. 3SM 908 990 00 and Monument Bond No. 3SM 908 991 00 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted Maintenance Bond No. 3SM 908 990 00-A; 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, Lyon Shores No. 116, L.P., of this action, and the City Treasurer to notify the Surety, American Motorists 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 FIVE YEAR PARK LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR GISLER PARK — EDISON RIGHT-OF-WAY (10.5 ACRES) (600.10) —Approved the License Agreement between the City and Southern California Edison Company to utilize 10.5 acres of property at Gisler Park for five years at $200 per acre per year and authorized the Mayor and City Clerk to execute same. (CITY COUNCIL) APPROVED PROJECT PLANS & SPECIFICATIONS AND ADVERTISEMENT FOR BIDS FOR VARIOUS WATER METER BOX REPLACEMENTS THROUGHOUT THE CITY -- WSC-014 — APPROVED SAMPLE CONTRACT (600.75) —1. Approved the project plans and specifications and authorize the Director of Public Works to solicit bids for the replacement of various water meter boxes throughout the city (WSC-014); and 2. Approved the attached sample contract, subject to award of the contract to the lowest responsible bidder. 580 Page 14 - Council/Agency Minutes — 07/06/99 (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-46 —APPROVED AMENDMENTS TO CITY CLASSIFICATION PLAN TO ADD CLASSIFICATIONS OF ASSISTANT CITY CLERK AND VEHICLE BODY REPAIR ASSISTANT (700.10) — Adopted RESOLUTION NO. 99-46 — "A Resolution of the City Council of the City of Huntington Beach to Amend the City Classification Plan by Adding New Classifications Entitled Assistant City Clerk, and Vehicle Body Repair Assistant." (CITY COUNCIL) APPROVE YOUTH BOARD APPOINTMENTS/REAPPOINTMENTS (110.20) -- 1. Reappoint the following students for a one-year term on the Huntington Beach Youth Board for 1999/2000: Jennifer Alban -Marina High School Representative; Kathleen Hacker, at large; Nicole Young -Huntington Beach High School Representative; Daisy Yu -Edison High School Representative, 2. Appointed the following students to a one-year term on the Huntington Beach Youth Board for 1999/2000: Josh Cable -Ocean View High School Representative; Ryan Gaglio- At-large; Amanda Crater -At -large; Katie Kent -At large; Sidat Kumaratne-At-large_ (CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 15691 OF TENTATIVE TRACT MAP NO. 15691 -- WITH BONDS AND AGREEMENTS (HERITAGE COMMUNITIES) — APPROVED SUBDIVISION AGREEMENT — S1W CORNER OF THE INTERSECTION OF GOLDENWEST STREET & ELLIS AVENUE (420.60) 1. Approved the Final Tract Map No. 15691 and accepted the offer of dedication, improvements, and bonds pursuant to findings and requirements set forth in (Attachment No. 1) as follows: 1. Offer of dedication 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. 444113P as presented in Attachment No. 6. b. Labor and Material Bond No. 444113P as presented in Attachment No. 6. c. Monument Bond No. 444114S as presented in Attachment No. 6 (Developers 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 recording of the final map; d. An approved Subdivision Agreement shall be submitted (Attachment No. 5); and e. Payment of Park and Recreation In -Lieu Fees, approve and authorize execution of the Subdivision Agreement. (CITY COUNCIL) ADOPTED THE REVISED WATER STANDARDS -- SPECIAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS FOR CONSTRUCTION OF WATER MAINS AND APPURTENANCES (WATER STANDARDS) (1000.10) —Adopted the Special Provisions to Standard Specifications for Public Works for Construction of Water Mains and Appurtenances revised June 1999. (Pursuant to Chapter 12.10 of the Huntington Beach Municipal Code) (Provides administrative procedures, construction methods and material requirements for the construction of public water mains and appurtenances. Intended to provide just, equitable, objective and practicable standards relevant to the current water industry and to address the specific needs for design and construction, thereby providing clarity and eliminating confusion. These Standards are a living and dynamic document that may undergo periodic changes and revisions, in keeping with industry standards. (CITY COUNCIL) APPROVED THE PROFESSIONAL SERVICES CONTRACT FOR CONSULTING SERVICES FOR OVERMYER RESERVOIR AND BOOSTER PUMP STATION REHABILITATION ALTERNATIVES -- CC-1104 — CATHCART GARCIA VON LANGEN ENGINEERS (600.?0) —1. Approved staff's selection of Cathcart Garcia von Langen Engineers (CGvL) to perform the work defined by their proposal dated May 17, 1999; and 2. Approved the attached Professional Services Contract with CGvL and authorized the Director of Public Works to 581 07/06/99 - Council/Agency Minutes - Page 15 expend up to $97,900 to cover contract costs of $78,100, an estimated contingency of $7,800 (approximately 10% of contract amount), and supplemental expenditures of $12,000 (approximately 15% of contract amount. (CITY COUNCIL) APPROVED AGREEMENT BETWEEN THE CITY AND WHITMORE, JOHNSON & BOLANOS, FOR LEGAL SERVICE -- LABOR RELATIONS CONSULTANT FOR MEA & MEO NEGOTIATIONS APPROVED MODIFICATIONS TO INSURANCE REQUIREMENTS (600.10) —1. Approved Agreement With The Management Employees Association (MEA) and the Municipal Employees Organization (MEO) for labor negotiations with the Management Employees Association (MEA) and the Municipal Employees Organization (MEO). 2. Waived the City's insurance requirements in the following areas: A. Commercial General Liability to include a mandatory 30 day notice of cancellation and striking the words "endeavor' and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives". B. Workers Compensation -to include a mandatory 30 day notice of cancellation and striking the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" and 3. Amended the requirements under Professional Liability to allow the deductible not to exceed $25,000. Professional Liability -Any deductible, or self insured retention (SIR), or other modifications of coverage requires a waiver which may be requested by submitting a completed Application for Waiver form to Risk Management. 4. Contract will not be executed until current insurance certificates are provided. (CITY COUNCIL) APPROVED AGREEMENT WITH ORANGE COUNTY FIRE AUTHORITY TO PROVIDE ADVANCED LIFE SUPPORT (PARAMEDIC) SERVICES TO SUNSET BEACH (510.40) The City Council considered a communication submitted by the Fire Chief which transmitted proposed agreement between the city and the Orange County Fire Authority to provide advance life support paramedic services to Sunset Beach. Councilmember Sullivan clarified that the people in the Sunset Beach area will be paying for the services. He stated that it seemed unfair that Sunset Beach residents pay both the county and the city for services when it is the city that is providing the services. A motion was made by Sullivan, second Green to approve and authorize the Mayor and City Clerk to execute agreement with the Orange County Fire Authority to provide Advanced Life Support (Paramedic) services to Sunset Beach and establish cost recovery of city fire response services through financial reimbursement. The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) APPROVED PLANS & SPECIFICATIONS AND AUTHORIZED ADVERTISEMENT FOR BIDS FOR THE TRUCK WASH FACILITY AT THE WATER OPERATIONS YARD — CC-1097 — APPROVED SAMPLE CONTRACT (600.80) The City Council considered a communication from Director of Public Works Beardsley recommending approval of plans and specifications and advertisement for bids for truck wash facility at the Water Operations Yard. Page 16 - Council/Agency Minutes -- 07/06/99 Councilmember Harman Questioned if this is a budgeted item and the Director of Public Works assured him that the item is budgeted. A motion was made by Harman, second Green to approve plans and specifications and authorize the Director of Public Works to solicit bids for construction of the Truck Wash Facility at the Water Operations Yard, CC-1097; and 2. Approve the attached sample contract subject to award of contract to the lowest responsible/responsive bidder. The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) ACCEPTED REMEDIAL REPAIRS OF ARTERIAL STREETS AND APPROVED FILING OF THE NOTICE OF COMPLETION — MSC 402 -- HARDY AND HARPER, INC. (600,90) The City Council considered a communication from the Director of Public Works recommending that Council accept the work on the remedial repairs of arterial streets and authorize the filing of the Notice of Completion for Project MSC-402. Councilmember Harman stated he believes more money needs to allocated to street maintenance; that he believes gas tax money must be used to improve arterial streets. A motion was made by Harman, second Green to accept these remedial street repairs completed by Hardy and Harper, Inc. for a final contract amount of $195,849 and authorize the City Clerk to file the Notice of Completion with the Orange County Recorder. At Councilmember Bauer's request Public Works Director Beardsley reported on the county's involvement in street programs. Councilmember Bauer asked what the city can do to obtain its fair share of the money allocated by the state to the county. Discussion was held. At the request of Councilmember Dettloff, Public Works Director Beardsley reported on Measure M funds. City Engineer Bob Eichblatt clarified the distribution of funds. The motion made by Harman, second Green carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) AUTHORIZED REIMBURSEMENT OF PLC LAND COMPANY DRAINAGE FEES -- CONSTRUCTION OF MASTER PLANNED STORM DRAIN FACILITIES CONNECTING STORM DRAIN IN GOLDENWEST & GOTHARD STREETS TO SULLY -MILLER LAKE — HOLLY- SEACLIFF SPECIFIC PLAN AREA (320.45) The City Council considered a communication from the Public Works Director and Assistant City Administrator recommending that Council authorize reimbursement of PLC Land Company drainage fees relative to the construction of master plan storm drain facilities connecting the storm drain at Goldenwest Street and Gothard Street to Sully Miller Lake. 583 07/06/99 - Council/Agency Minutes - Page 17 Councilmember Harman expressed his reservations regarding voting on this item as the funds do not need to be dispersed at this time. A motion was made by Harman, second Green to authorize staff to appropriate $538,064 from the unappropriated Wintersburg Drainage Fund balance to cover refund costs to PLC Land Company, and 2. Direct the City Treasurer to reimburse PLC Land Company the amount of $538,064 for the refund of drainage fees paid for its construction of City Master Plan of Drainage facilities. The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) AUTHORIZED CONSTRUCTION BIDS FOR HEIL AVENUEISAYBROOK LANE INTERSECTION PROJECT - CC - 1099 - APPROVED SAMPLE CONTRACT - DIRECTED THAT ANGLE PARKING ADJACENT TO SCHOOL BE RETURNED (600.50) The City Council Council considered a communication from the Public Works Director recommending that Council authorize construction bids for Heil Avenue/Saybrook Lane Intersection project and recommending that the provision regarding diagonal parking on Heil Avenue between Saybrook Lane and Algonquin Street be retained. Councilmember Sullivan presented questions regarding the midline of the street and Public Works Director Beardsley reported that the drawing Councilmember Sullivan referred to was not accurate. Councilmember Sullivan stated that he was glad that the rotary will be gone as people in this geographic area are not used to them. A motion was made by Sullivan, second Green to authorize the Director of Public Works to request bids for the Heil Avenue/Saybrook Lane Intersection project; CC-1099 upon approval; that the provision regarding diagonal parking on Heil Avenue between Saybrook Lane and Algonquin Street be retained and 2. Approve the attached sample contract, subject to award of contract to the lowest responsive/responsible bidder. Discussion was held regarding cost estimates. Councilmember Dettloff spoke regarding the need to ensure that the residents of the area are involved. Councilmember Sullivan presented questions regarding parallel parking replacing angle parking and questioned its effect on parking for soccer events. Public Works Director Beardsley stated that he would need to return with a report on the parking. The previous motion made by Sullivan, second Green was withdrawn. A motion was made by Harman, second Green to authorize the Director of Public Works to request bids for the Heil Avenue/Saybrook Lane Intersection project, CC-1099 upon approval; further that the provision regarding diagonal parking on Heil Street adjacent to the school between Saybrook Lane and Algonquin Streets be retained without prejudice and to approve the attached sample contract subject to the award of contract to the lowest responsivelresponsible bidder; and that the provision and the recommended action regarding the angle parking be deleted. The motion made by Harman, second Green carried by the fallowing roil call vote: Z Page 18 - Council/Agency Minutes — 07/06/99 AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) APPROVED ADOPTION OF RESOLUTION NO. 99-48 —ADOPTED CAPITAL IMPROVEMENT PROGRAM FOR THE YEARS 1999/2000 THROUGH 2O05/2006 TO COMPLY WITH MEASURE M ELIGIBILITY (VARIOUS PROJECTS) (320.40) The City Council considered a communication from the Public Works Director transmitting proposed Resolution No. 99-48 which adopts Capital Improvement Program for the years 1999/2000 through 2005/2006 to comply with Measure M eligibility - various projects. Councilmember Harman spoke regarding Page E-17.6 of the Request for Council Action report. He requested the Public Works Director to clarify the wording on Exhibit "A". The motion was made by Harman, second Green to approve the following actions: 1. Approve attached Resolution No. 99-48, adopt the Seven -Year Capital Improvement Program to comply with Measure M requirements for funding eligibility. "A Resolution of the City Council of the City of Huntington Beach Adopting Capital Improvement Program for the Years 1999/2000 through 200512006 for Compliance with Measure M." The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo (Brookhurst/Adams intersection widening); (Beach Blvd widening, s/e corner at Edinger); (Ellis Avenue widening, Beach to elo Patterson); (Garfield Avenue widening, Huntington Street to Safe Harbor); (Gothard Street widening, s/o Talbert -west side); (Heil Avenue widening -Beach Blvd. to Silver Lane) ( Hoover/Gothard Extension -McFadden to Bolsa); (Miscellaneous minor street projects & new traffic signals & modifications); (Residential sidewalks & curbs); (Ward Street widening-s/o Garfield); (Widening sle corner Wamer/Gothard); (Yorktown Avenue widening -Beach to Delaware); (SIP/IT Intersection Enhancement). (CITY COUNCIL) APPROVED ADOPTION OF RESOLUTION NO. 99-47 — BLOCKS 1041105 — DECLARES INTENT TO ISSUE TAX-EXEMPT BONDS DISPOSITION & DEVELOPMENT AGREEMENT -- CIM GROUP (AREA BOUNDED BY PCH/MAINMALNUTl6j") (MAIN -PIER REDEVELOPMENT PROJECT SUBAREA) (330.30) The City Council considered a communication from the Economic Development Director transmitting proposed Resolution No. 99-47 regarding the intent to issue tax exempt bonds - Disposition and Development Agreement - CIM Group. (Area Bounded By Pch/Main/Walnut/6'h) (Main -Pier Redevelopment Project Subarea). Councilmember Julien requested an update on this subject. A motion was made by Julien, second Green to adopt Resolution No. 99-47 "A Resolution of the City Council of the City of Huntington Beach Declaring its Intent to Issue Tax -Exempt Bonds to be Used to Reimburse the City for Expenditures Prior to the Issuance of Such Bonds." " Blocks 104/105 -- Declares Intent To Issue Tax -Exempt Bonds Disposition & Development Agreement - CIM Group (Area Bounded By Pch1Main/Walnut/6th) (Main -Pier Redevelopment Project Subarea)" The motion carried by the following roll calf vote: 585 07/06/99 - Council/Agency Minutes - Page 19 AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL/REDEVELOPMENT AGENCY) APPROVED ADOPTION OF AGENCY RESOLUTION NO. 302 & COUNCIL RESOLUTION NO. 99-49 CONSENTING TO AND CALLING FOR A JOINT PUBLIC HEARING ON 8116199 TO CONSIDER THE PROPOSED 1999 REDEVELOPMENT PLAN AMENDMENT & AMENDED PROPOSED EMINENT DOMAIN OVERLAY AREA MAP -- WITHIN A PORTION OF THE MAIN -PIER REDEVELOPMENT PROJECT SUB -AREA & APPROVED REDUCTION IN THE RESIDENTIAL EMINENT DOMAIN OVERLAY MAP - REMOVED PROPERTY FRONTING ON 5T" STREET BETWEEN WALNUT AND OLIVE AVENUES (400.10) The City Council/Agency Members considered a communication from the Economic Development Director transmitting pursuant to § 33458 of the California Community Redevelopment Law, resolutions setting the date and time of the joint public hearing to hear testimony, receive evidence and consider the Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project. As proposed, the 1999 amendment would permit the Agency to use eminent domain to acquire residential property within a portion of the Main - Pier subarea. The locations of the properties potentially affected by the 1999 Amendment are identified on the attached map: "Amended Residential Eminent Domain Overlay Area Map." Economic Development Director Biggs presented a staff report using slides titled Proposed 1999 Redevelopment Plan amendment which had been announced earlier in the meeting by the City Clerk. Council/Agency Member Sullivan referred to slide No. 21-the block fronting on 51h Street, north of Walnut and south of Olive Avenues. He requested that this area be excluded from the Eminent Domain Overlay Map. Redevelopment Agency Resolutions: A motion was made by Sullivan, second Green that the Redevelopment Agency approve the following recommended action, as amended: 1. Adopted Resolution No. 302 - "A Resolution of the Redevelopment Agency of the City of Huntington Beach Consenting to and Calling for a Joint Public Hearing on the Proposed 1999 Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project." and 2. Approved a reduction in the "Residential Eminent Domain" Overlay Map as attached; showing a diminished portion of the Main -Pier Subarea within which the Agency's authority for use of eminent domain to acquire residential properties is proposed by the 1999 Amendment to the Redevelopment Plan, with additional action that the area on Fifth Street bounded by Walnut and Olive be excluded from this action. 586 Page 20 - Council/Agency Minutes — 07/06199 and City Council Action: Adopted Resolution No. 99-49 - "A Resolution of the City Council of the City of Huntington Beach Consenting to and Calling for a Joint Public Hearing on the Proposed 1999 Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project." Councilmember Dettloff stated that she agreed with this amendment and questioned the rationale regarding the property located at Pecan and Orange Avenues relative to the amendment and overlay map. Economic Development Director Biggs responded to Councilmember Dettloff's question. Further discussion was held. The motion made by Sullivan, second Green carried by the following roll call vote: AYES: Julien, Bauer, Green Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) RETAINED THE EXISTING RESIDENTIAL REFUSE RATE FOR FISCAL YEAR 1999/2000 AND ADOPTED A NEW EXHIBIT "A" FOR COMMERCIAL REFUSE SERVICES (ANNUAL REVIEW OF REFUSE COLLECTION & DISPOSALISERVICES AGREEMENT WITH RAINBOW DISPOSAL (600.45) The City Council considered a communication from the Director of Public Works pertaining to the Refuse Collection and Disposal Services Franchise Agreement with Rainbow Disposal Co., Inc. which contains a provision that calls for an annual review of the monthly service fees. Under the contract, changes in compensation for each subsequent year (July 1 to June 30) are determined by a formula with three variables. The variables are the Los Angeles Area Consumer Price Index (CPI), the County of Orange landfill fee, and the local average price of diesel fuel. The proposed Exhibit A reflects the 3.176% increase in commercial service rates allowed under the formula. This rate adjustment will be the first increase in commercial fees since 1993. Contract years 1994 through 1998 (inclusive) were all years of either no increase, or actual decreases, in the service rates. Public Works Director Beardsley presented a staff report using slides titled "City Refuse Collection Services - Rainbow disposal Franchise Agreement. " Which had been announced earlier in the meeting by the City Clerk. Councilmember stated as an observation he would like to state that the city is still subsidizing refuse collection. A motion was made by Dettloff, second Green to approve the following recommended action: 1. Retain the existing residential refuse service rate of $16.39 per month per unit of service for the time period of July 1, 1999 to June 30, 2000; 587 07/06/99 - Council/Agency Minutes - Page 21 and 2. Adopt the attached Exhibit "A" to the Request for Council Action dated July 6, 1999 effective July 1, 1999 as the new Exhibit A (Commercial Rate) of the refuse collection and disposal services franchise agreement. The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCILIREDEVELOPMENT AGENCY) ADOPTED REDEVELOPMENT AGENCY RESOLUTION NO. 301 — APPROVED FINANCIAL SUPPORT FOR BOWEN COURT SENIOR APARTMENTS — TAX CREDIT APPLICATION — APPROVED OPTION AGREEMENT BETWEEN AGENCY & MERIT HOUSING, INC. — AUTHORIZED STAFF TO NEGOTIATE DISPOSITION & DEVELOPMENT AGREEMENT — AUTHORIZED WAIVER OF LIABILITY INSURANCE (600.30) The City Council considered a communication from the Economic Development Director informing Council that Merit Housing Development Corporation (Merit) requests support for an application to the California Tax Credit Allocation Committee (TCAC) for federal tax credits for the Bowen Court project. Councilmember Julien excused herself from consideration of this item as she has a conflict of interest as her residence is located in the Project Area. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Slide show presentation from the Economic Development Director dated July 6, 1999 titled Bowen Court Senior Housing. Economic Development Director Biggs presented a staff report utilizing the slide report prepared by his department titled Bowen Court Senior Housing dated July 6, 1999 which had been announced earlier in the meeting by the City Clerk. A motion was made by Harman, second Green to approve the following recommended action: Redevelopment Agency Action: 1. Adopt Agency Resolution No. 301 — authorizing funding support by the Huntington Beach Redevelopment Agency with a grant of Agency -owned land acquired at a cost of $885,000 and $850,000 in additional subsidy, and an additional loan of $950,000 in Redevelopment Housing Set Aside Funds, for the construction of the Bowen Court Senior Apartments by Merit Housing Development Corporation — "A Resolution of the Redevelopment Agency of the City of Huntington Beach Authorizing Funding Support for Merit Housing Incorporated to Construct an Affordable Housing Project." 2. Approve and authorize the Agency Chairman and Agency Clerk to execute the Option Agreement with Merit Housing Development Corporation (MHDC) Option Agreement ..a Page 22 - Council/Agency Minutes — 07/06/99 Between The Redevelopment Agency Of The City Of Huntington Beach And Merit Housing Incorporated. City Council Action: 3. Authorize agency staff to negotiate a Disposition and Development Agreement (DDA) with Merit Housing Development Corporation if tax credits are awarded to the proposed project by the California Tax Credit Allocation Committee (TCAC). 4. Waive the required liability insurance for Merit Housing Development Corporation only as they apply to the site control document, and only for purposes of applying for tax credits. This waiver will not be requested when a Disposition and Development Agreement is approved at a later time. The motion carried by the following roll call vote: AYES: Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSTENTIONS Julien ABSENT: Garofalo (CITY COUNCIL) OPTION OF THE CITY COUNCIL TO REFER PROPOSED INITIATIVE MEASURE DURING CIRCULATION OF A PETITION TO ANY CITY AGENCY OR AGENCIES FOR REPORT (RELATIVE TO CHANGE OF ZONING DESIGNATION OF CREST VIEW SCHOOL SITE) (620,10) The City Council considered a communication from the City Clerk informing Council that the State Elections Code provides the City Council with the option during the circulation of a petition, or before taking certain actions set forth in the Elections Code, to refer a proposed initiative measure to any city agency or agencies for a report on the effect of the proposed initiative. The City Clerk reported on the provisions of the election code as it pertains to the initiative currently being circulated to change the zoning designation of Crest View School site. A motion was made by Harman, second Sullivan that the City Council determines not to take any action on this item at this time. The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo Norms Restaurant Commended - Availability Of Picnic Lunches For The Elderly. The City Council complimented Norm's Restaurant for making picnic lunches available to the elderly members of our community. 589 07/06/99 - Council/Agency Minutes - Page 23 Commendation to City Employees for a of July Festivities Services The City Council commendation to the Public Works Department employees and all of the volunteers who worked on the 4'h of July Parade & festivities, the 4tr, of July Committee members and all city employees, Superintendent for Recreation and Human Services Bill Fowler and Community Services Director Hagan for their fine work and service to the city in making the 4th of July activities in the city a wonderful event. 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 July 19, 1999 at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk —� City C erk and ex-offiicio Clerk dTthe City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California MayorlChairman 590