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HomeMy WebLinkAbout1999-08-16MINUTES CITY COUNCILIREDEVELOPMENT 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, August 16, 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 5:08 p.m. in Room B-8. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Bauer, Green, Dettloff, Harman, Sullivan, (Garofalo arrived at 5:09 p.m.) (Julien arrived at 5:17 p.m.) Absent: None (CITY COUNCILIREDEVELOPMENT AGENCY) STUDY SESSION — SPORTS FACILITIES INVENTORY & NEEDS ASSESSMENT Community Services Director Hagan informed Council that they had been provided with copies of the following documents: Huntington Beach Community Sports Facilities Inventory & Needs Assessment-1999 City of Huntington Beach, Huntington Beach Union High School District, Huntington Beach City School District, Fountain Valley School District, Ocean View School District, Westminster School District; History of Huntington Beach Sports Complex Project (No date); a slide report titled Sports Facilities Inventory and Needs Assessment Study - Joint Study with School District; and Murdy ParklParkview School Proposed Site Plan; Aquatic Facilities Community Services Director Hagan presented a staff report. He referred to the aforementioned documents. He stated this report will guide decision making and mitigation measures. CALL CLOSED SESSION OF CITY COUNCILIREDEVELOPMENT AGENCY City Administrator Silver informed Council that the following closed session items would be continued to the August 30, 1999 Council meeting. (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 State of California v. BP America, et a1; Orange County Superior Court Case No. 64 63 38. Subject: State of California v. BP America. 660 Page 2 - Council/Agency Minutes — 08/16/99 (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 Brindle/Thomas v. City of Huntington Beach, - Orange County Superior Court Case No. 75 02 03. Subject: Brindle/Thomas v. City of Huntington Beach. MOTION TO RECESS TO CLOSED SESSION A motion was made by Dettloff, second Garofalo to recess to Closed Session on the following items: The motion carried by unanimous vote. (City Council) Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: MSOA, POA, PMA, MEA, MEO, HBFA and SCLEA. (120.80) (City Council) Closed Session -- City Council pursuant to Government Code Section 54956.9(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 Opp v. City of Huntington Beach, Huntington Beach Personnel Commission and Police Chief Ron Lowenberg. Subject: Opp v. City of Huntington Beach Personnel Comm. And Police Chief Ron Lowenberg. (120,80) (City Council) Closed Session — City Council pursuant to Govemment 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 Dahl/Shugart vs. City of Huntington Beach; - U.S. District Court Case No. SACV91-475A. Subject: Dahl/Shugart vs. City of Huntington Beach. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Michael P. Reilly vs. City of Huntington Beach, Workers' Comp Case Nos. LBO 0290078/79, LBO 0290088, LBO Unassigned; City Claim Nos. COHB 96-0070, 97-0081, 98-0012. Subject: Michael P. Reilly vs. City of Huntington Beach. (120.80) (Redevelopment Agency) Closed Session — Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiators, Melanie Fallon, David Biggs, Ray Silver, Jim Rabe, Murray Kane, Lynn Sedway, and Stephen Duffy regarding negotiations with John Genovese and Lori Gato, concerning the purchase/sale/or lease of the property located at 7777 Edinger Avenue. Instruction will concern: Both price and terms of payment. Subject: Negotiation for terms of a proposed Purchase, Sale or lease of property at 7777 Edinger Avenue. (520.80) (Redevelopment Agency) Closed Session — Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the agency is a party. The title of the litigation is Mulligan v. Redevelopment Agency; - Orange County Superior Court Case No. 740099. Subject: Mulligan vs. Redevelopment Agency. (520.80) 661 08/16/99 - Council/Agency Minutes- Page 3 Councilmember Julien, Bauer, and Garofalo left the closed session at 6:30 p.m. and abstained from participation in the Mulligan vs. Redevelopment Agency closed session due to a possible conflict of interest. (City Council,) Closed Session — City Council pursuant to Government Code Section 54956.9(b)(3)(B) to confer with its attorney regarding pending litigation. Subject: Southern California Roofing. (Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced.) 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, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None City Attorney's Report of Actions Taken By The City Council or Redevelopment Agency In Closed Session Which Require A Reporting On Those Actions As Required By Law (Government Code §54957.1(a) (3) (B)). The City Attorney reported that the city has entered into a Settlement Agreement with plaintiff in the following action filed in the Superior Court of Orange County titled John Briscoe v. City of Huntington Beach, a Municipal Corporation; Peter Green, in his official capacity as Mayor of Huntington Beach. This action arose out of certain actions taken at the April 19, 1999 City Council meeting regarding the public comments by Mr. Briscoe. On June 21, 1999 in closed session, the City Council by a vote of six ayes, Dettloff -No, authorized this settlement. Pursuant to the Settlement Agreement, the city agreed to pay Mr. Briscoe and his counsel $1,400 for Mr. Briscoe's attorney's fees and costs. In return, Mr. Briscoe filed a Request for Dismissal of the entire action with prejudice which the court entered on August 4, 1999, FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by Huntington Beach Junior Lifeguards, Instructors, Miss Brooke Fleming and Mr. Sean Haynes. INVOCATION The invocation was offered by Pastor E. Cad Zimmerman, Lutheran Church of the Resurrection, Huntington Beach. 662 Page 4 - Council/Agency Minutes — 08/16/99 CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Pursuant to the Brown (Open Meetings) Act, City Clerk Brockway announced the following late communications regarding agenda items which had been received following distribution of the agenda: A communication each from Councilmembers Julien, Garofalo, and Bauer titled Disclosure of Conflict of Interest dated August 16, 1999. Revised agenda page No. 7 submitted by the City Clerk dated August 16, 1999 of a typographical error on the Redevelopment Agency Action No. 2 - correction of APN No. 024- 134-29 to 024-134-20. Communication dated August 16, 1999 from Rita Bohanan; business and property owner downtown Huntington Beach titled Reinstatement of Eminent Domain. Communication from John Starks, Certified General Real Estate Appraiser, SMS Real Property Services dated August 16, 1999 titled The Use of Eminent Domain to Obtain Land Located on Pacific Coast Highway North of Main Street. Communication dated August 16, 1999 from Timothy Stripe, Company President, representing Grand Pacific Resorts. The communication is titled Development Blocks 104 and 105 and sets forth that Frank Cracheolo remains committed to working with his company to develop the property. Communication with several exhibits from Jeffrey Oderman, Attorney at Law dated August 16, 1999 representing Citizens Against Redevelopment Excess, Abdeimuti Development Company, Ann and Ron Mase, Eldon and Barbara Bagstad objecting to 1999 Amendment to Redevelopment Plan. Said communication is titled 1999 Amendment to the Redevelopment Plan for the Huntington Beach Development Project. Communication from Alice Pamakian, resident 205 15' Street, and property owner of residential rental units at 207 and 209 15' Street Huntington Beach dated August 10, 1999 requesting that Council vote no on the Proposed 1999 Amendment to protect her property rights and the rights of others. Communication from James A. Lane, resident 637 Frankfort Ave. Huntington Beach dated August 9, 1999 objecting to the 1999 Amendment to the 1995 Redevelopment Plan allowing for condemnation of homes and apartments in the downtown area by using eminent domain. Communication from Frank M. Cracchiolo, resident 19712 Quiet Bay Lane, Huntington Beach dated August 16, 1999 in opposition to the use of eminent domain to condemn residential and commercial property in the downtown area. Communication from Frank M. Cracchiolo, resident 19712 Quiet Bay Lane, Huntington Beach dated January 19, 1999 regarding his negotiations with C.I.M. and Federated Realty concerning the redevelopment of Blocks 104 and 105 Phase It and requesting exclusion of his property from the eminent domain overlay. Said communication is titled Ref., Amendment to the Specific Plan Your Item #F-2 on Your Agenda This Evening. 663 08/16199 - Council/Agency Minutes- Page 5 Communication from Deanne R. Coombs, resident 711 Pacific Coast Highway #208, Huntington Beach dated August 13, 1999 in opposition to the use of eminent domain to condemn residential property in the downtown area. Communication from Corrine Burton, resident 6322 Bellinger, Huntington Beach dated August 14, 1999 in opposition to the use of eminent domain to condemn residential property in the downtown area. Communication from William J. Ross, resident 19213 Seabrook Lane, Huntington Beach dated August 16, 1999 in opposition to the use of eminent domain to acquire private property. Communication from Donald R. White, resident 18733 Elmwood Lane, Huntington Beach dated August 14, 1999 in opposition to the use of eminent domain to condemn residential property owners and asking Council to follow the recommendations of the Project Area Committee and reject this amendment. Communication from Orville La Venture, resident 510 Pacific Coast Highway, Huntington Beach dated August 11,,1999 in opposition to the use of eminent domain on Block 104/105 and requesting Council to follow the advice of the Project Area Committee and reject this amendment. Communication from Alisa R. Bree, resident 19098 Flagship Circle, Huntington Beach dated August 12, 1999 in opposition to the use of eminent domain to condemn residential property in the downtown area. Communication from Tent' Rylski, 200 Pacific Coast Highway #326, Huntington Beach dated August 13, 1999 in opposition to the use of eminent domain to condemn residential and commercial property in the downtown area. Communication from Ralph Peck, 114 Pacific Coast Highway, Huntington Beach dated August 16, 1999 in opposition to the eminent domain proposal on the Peck Property. Communication from Shekhar Karnik, resident 6601 Trotter Drive, Huntington Beach dated August 16, 1999 in opposition to the use of eminent domain to condemn local businesses and residences in the downtown area. Communication from Louise P. Fiorillo on behalf of herself and her brother Ralph Peck, property owners of 114 Pacific Coast Highway, 112, 114, and 116 Second Street, Huntington Beach dated August 16, 1999 in opposition to the proposal for eminent domain on their properties. Communication from Gloria G. Treece, resident 505 Lake Street, Huntington Beach dated August 16, 1999 requesting the council vote No on the reestablishment of eminent domain in the downtown area. Communication from Stefan Wally, resident 224 101' Street, Huntington Beach dated August 16, 1999 in opposition to the eminent domain proposal. Communication from Wayne and Joy Reinert, P. 0. Box 284, Huntington Beach dated August 16, 1999 in opposition to the power of eminent domain in the downtown area. 664 Page 6 - Council/Agency Minutes — 08/16/99 Communication from -David J. Castenholz, member of the Project Area Committee, 711 Pacific Coast Highway, Suite 427, Huntington Beach dated August 16, 1999 in opposition to the 1999 Amendment to the 1996 Redevelopment Plan allowing for the condemnation of residential structures in the downtown area using eminent domain. Communication from Dave Winn, property owner dated August 16, 1999 in opposition to the use of eminent domain in the residential areas of downtown. Slide show presentation from the Economic Development Director dated August 16, 1999 titled Proposed 1999 Amendment to the Huntington Beach Redevelopment Plan. Communication from the Economic Development Director dated August 16, 1999 titled Parcel Maps of Areas Excluded from Residential Eminent Domain. Communication from Michael Leifer dated August 16, 1999, Attorney at Law, Palmier, Tyler, Wiener, Wilhelm and Waldron LLP, representing Charles E. Cather, property owner, titled Objections to Proposed 1999 Amendment ("Proposal Amendment') to the Redevelopment Plan for the Huntington Beach Redevelopment Project for the Disposition of Residential Property Under the Power of Eminent Domain. Communication from Chuck Scheid dated August 16, 1999 requesting that Council vote against proposed Resolution No. 99-5. Slide Reports prepared by the CSC titled Aquatics Facility Murdy ParkiParkview School Proposed Site Plan History of HCP Sports Complex Project Communication from Susan Dorfman, North Huntington Beach Football Club dated August 12, 1999 titled Pro -City Sports Complex in Central Park. Communication titled Regarding: Pro -City Sports Complex in Central Park Communication from Trent Harris resident of Huntington Beach dated August 16, 1999 in support of a sports complex at Huntington Central Park. Communication from Administration dated August 16, 1999 transmitting a complete 1999 monthly roster of the Turn of the Century Committee. Communication from Diane Baker, Huntington Beach Conference and Visitor's Bureau dated August 16, 1999 transmitting the Turn of the Century Committee Members and clarifying the committee chairs. Also transmitted are notes about the Turn of the Century from the HBCVB web site. Communication titled Turn of the Century Memo from Community Services Director Hagan to the Mayor and City Council and city administration titled Councilmember Bauer's "H" Item; Staff Time Spent on Turn of Century Committee PRESENTATION -- By Mayor Green, a commendation to the Board of Directors and residents of Huntington Harbour Mobilehome Park of Huntington Harbour Mobilehome Estates recognizing the leadership and years of hard work to purchase the Huntington Harbour Mobilehome Park. Board of Directors: Larry Show, John Zussa, Ron Holland, Ken Edwards, Don Trinkle, Ken Edwards and Gordon Hein. Residents: Mark Bennett, Barbara Messeriy, Jan 665 08/16/99 - Council/Agency Minutes- Page 7 Kessloff, Altha Cartef Judy Haskins-, David McCardle, Gene Raine, Jack Key, Bob Robles, Clay Cureton, Joe Rogers, Addie Johnson, Joe and Marilyn Rogers, Julie Young, Jack and Helen Milsap, Julia Bellah, Glenn and Alma Agee, Al and Annette Croce, Tom and Lavern Turner, Ruth Smith, Penny Curry, Ken Edwards and Ed Edwards. PRESENTATION — From Mayor Peter Green and City Council to the Huntington Beach Junior Lifeguards for their outstanding performance this summer taking first place in the California Surf Lifesaving Association Junior Lifeguard Regional Competition. This competition included all Junior Lifeguards from San Diego to Santa Cruz. Accepting the recognition will be Junior Lifeguard Instructors Miss Brooke Fleming and Mr. Sean Haynes and Ron Hagan, Director Community Services Department with representatives of the Junior Lifeguard program, PUBLIC COMMENTS BARRY EHRREICH, Huntington Beach Pop Warner Football, addressed Council in support of the agenda item relative to implementation of Sports Facility Needs Assessment Study for Sports Complex in Huntington Central Park. STEVE SHERMAN,- Huntington Beach Pop Warner Football, stated there is a need to play football/soccer and sports that the beach area can not accommodate and he stated for this reason he requested the Council approval of the Sports Facility Needs Assessment Study for the Sports Complex in Huntington Central Park. TERI LINDENBERGER urged Council approval of the agenda item regarding the Sports Facility Needs Assessment Study for Sports Complex in Huntington Central Park, citing the need for open spaces for sports. Ms. Lindenberger informed Council that the sports complex would enable local fields for the girl's sports and lengthen time and availability of fields. Ms. Lindenberger stated she hoped national tournaments would be attracted to the complex. DWANA HUGHES, NHB Football Club, Inc., stated their support of the agenda item relative to the Sports Facility Needs Assessment Study for the Sports Complex in Huntington Central Park. She cited the need for fields, as their organization must go as far away as to Irvine for fields. LARRY WEISENTHAL spoke in support of the agenda item regarding approval of the conceptual site plans for a joint aquatic facility project between the city and other entities. He spoke regarding younger peoples need for an opportunity to continue swimming in the winter months, as there is a limited number of pools for their use. PHIL GORA spoke in opposition to the street sweeping program as he does not believe the stated benefits of cleaner storm drains, ability to spot abandoned vehicles, etc. are valid. DORCAS TOKES stated her disagreement with how the downtown area is developing. She requested a work shop be held with architects and other professionals to prepare a plan for the community's future. MICHAEL GREEN, Save Our Kids, spoke in support of the Sports Facility Needs Assessment Study for a Sports Complex in Huntington Central Park. He spoke regarding the needs of youth soccer, football, and swimming. 666 Page 8 - Council/Agency Minutes — 08/16/99 CHUCK BEAUREGARD, Save Our Kids, spoke in support of the Sports Facility Needs Assessment Study fora Sports Complex in Huntington Central Park. He spoke regarding the history of how the city and community had got to this point. CHUCK SCHEID spoke in opposition to adoption of the Resolution No. 99-55 - Fixing the Tax Rate for the City of Huntington Beach for 1999-2000. He stated his disagreement with the method of allocation of the tax rate as it pertains to PERS. BOB BOLEN stated disagreement with some of the decisions made in the Downtown Redevelopment Project Area including location of the parking structure and the view obstruction caused by one of the other projects. He spoke regarding what he believes are the cumulative negative effects occurring with the development of Block 104-105. BOB AND MATT WISSMANN, AYSO Region 143, spoke is support of the Sports Facility Needs Assessment Study for the Sports Complex in Huntington Central Park. They thanked the City Councilmembers for their commitment to the community. DENZL GORMAN spoke regarding the importance of the item on the agenda relative to the proposer! joint Agpatic Facilities project between the city and other agencies. He also spoke in support of approving the Sports Facility Needs Assessment Study for the Sports Complex in Huntington Central Park. He stated that the city will be making a commitment which will be evident for years to come. JAMIE BUELL spoke in support of the way Huntington Beach now is and her hope for the downtown plan. She stated there is a diversity of culture and an ambiance not found in the city of Irvine. BILLY STARE informed Council that he is looking forward to taking over the Draper Building. He spoke in opposition to the CIM project - Blocks 104 and 105. BONNIE BRUCE, President of the Huntington Beach Union High School District, Board of Trustees, spoke regarding the action taken by the Board of Trustees relative to the proposed joint aquatic facilities project between the city and other entities appearing later on the agenda. Agenda Items Deferred from City Council/Redevelopment Agency August 2, 1999 (CITY COUNCIL) CONTINUED TO SEPTEMBER 7, 1999 THE RECOMMENDATION THAT COUNCIL APPROVE AS TO FORM LEASE BETWEEN ABDELMUTI DEVELOPMENT CO. & PAIGE COMMUNICATIONS CORP. (OCEANVIEW PROMENADE) SUITES 3G & 3H — MAIN PIER REDEVELOPMENT PROJECT SUBAREA (600.30) The City Council considered the Approval as to Form of proposed lease between Abdelmuti Development Company and Paige Communication Corporation for Suites 3G & 3H in the Oceanview Promenade. Councilmember Bauer expressed his concern that the city is subsidizing the rents, that in the tight market there should be no need for this subsidy. Councilmember Bauer questioned if this can be remedied. Economic Development Director Biggs spoke regarding stated the discussions that have been held with the developer in this regard. 667 08/16/99 - Council/Agency Minutes- Page 9 City Administrator Silver stated that a detailed report will be prepared for Council. Councilmember Bauer stated that he would like to defer this item until more information can be provided relative to how to get market rates. A motion was made by Bauer, second Sullivan to direct that a approval of this proposal be deferred until such time as staff provides Council with a report of how this unit can be brought to market rate. Councilmember Garofalo stated that he believes a complete history of how this method of rental subsidy originated should be made. The motion made by Bauer, second Sullivan carried unanimously (CITY COUNCIL ADOPTED RESOLUTION NO.99-55 -- FIXING THE TAX RATE FOR THE CITY OF HUNTINGTON BEACH FOR 1999-2000 (340.90) The City Council considered adoption of Resolution No. 99-55 fixing the tax rate for the City of Huntington Beach at $.04930 per $100 of assessed valuation -- "A Resolution of the City Council of the City of Huntington Beach — Fixing the Fiscal Year 1999/2000 Tax Rate': Earlier in the meeting, the City clerk had announced that the following communication of this item had been provided to the City Council: Communication from Chuck Scheid dated August 16, 1999 requesting that Council vote against proposed Resolution No. 99-5. Councilmember Sullivan expressed his concern relative to the use of the tax rate to cover the supplemental portion of the retirement program. He stated that he believes that state law prohibits the tax being used for more than needed revenue. A motion was made by Sullivan, second Harman that the city reduce the tax rate by approximately 19% to match the necessary revenues needed for those the city collects. Mayor Pro Tem Garofalo stated that the State PERS could change their method of computation of PERS payments due from the city at any time which would leave the city underfunded. City Administrator Silver, at Mayor Pro Tem Garofalo's request, reported on the history of the matter including that it is a contractual obligation for the past thirteen years. He reported on the reasons he recommends the tax rate remain as currently set. Further discussion was held between Council and City Administrator Silver, City Administrator Silver reported on the many planned projects requiring funding. Councilmember Harman stated the City Attorney had prepared a report on this matter which he stated should be made available to the public. He stated that he understands concerns relative to the budget. The City Attorney reported on her City Attorney's opinion. She referred to sections of the city charter relative to this matter. 668 Page 10 - Council/Agency Minutes -- 08/16199 The motion made by Sullivan, second Harman failed by the following roll call vote: AYES: Harman, Sullivan NOES: Bauer, Julien, Garofalo, Green, Dettloff ABSENT: None A motion was made by Bauer, second Garofalo to adopt Resolution No. 99-55 "A Resolution of the City Council of the City of Huntington Beach — Fixing the Fiscal Year 199912000 Tax Rate" The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, NOES: Harman, Sullivan ABSENT: None Police Chiefs Report - Community Job Center Update - Gothard Street The City Council considered a communication from the Police Chief informing Council that the final construction phase of the Community Job Center is complete and the official opening is scheduled for September 15, 1999. Police Chief Lowenberg reported on the opening of the job center. He thanked Lieutenant Louis Ochoa who has worked on this project for a number of years. He also thanked Economic Development Assistant Project Manager Carol Runzel and Public Works Civil Engineering Assistant Eric Charionne. (CITY COUNCIL) PUBLIC WORKS DIRECTOR REPORT REGARDING ARTERIAL HIGHWAY REHABILITATION PROJECT IMPLEMENTATION STATUS CC-1109 — FEDERALICITY PARTNERSHIP-AHRP (ENGINEERS ESTIMATE $1,498,795) AND CC-1110 COUNTY/CITY PARTNERSHIP (ENGINEERS ESTIMATE $705,280) (600,50) The City Council considered a communication from the Public Works Director providing a status report on the following projects: Cash Contract 1109, Federal/City Partnership — AHRP --- Engineer's Estimate$1,498,795 Warner Avenue - Beach Boulevard to Newland Street. Heil Avenue - Saybrook Lane to Bolsa Chica Street, Heil Avenue - Graham Street to Springdale Street. Heil Avenue - Beach Boulevard to Newland Street. Edinger Avenue - Goldenwest Street to Gothard Street. Cash Contract 1110, County/City Partnership — Engineer's Estimate $705,280 Warner Avenue - Newland Street to Magnolia Street. Brookhurst Street - Adams Avenue to 900' south of Adams Avenue. Public Works Director Beardsley presented a staff report. 669 08/16/99 - Council/Agency Minutes- Page 11 (CITY COUNCIL) REPORT FROM CITY ADMINISTRATOR REGARDING NEIGHBORHOOD PRESERVATION PROGRAM -- (SEE AGENDA ITEM E-3) (600.10) The City Administrator presented a report regarding the focus of the Neighborhood Preservation' Program. CITY COUNCILIREDEVELOPMENT AGENCY) JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY ON THE PROPOSED 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT — TO EXTEND & MODIFY EMINENT DOMAIN AUTHORITY FOR RESIDENTIAL PROPERTIES IN PORTIONS OF THE MAIN -PIER SUB -AREA - ADOPTED COUNCIL RESOLUTION NO. 99-591ADOPTED AGENCY RESOLUTION NO. 305 - REDUCTION OF THE PROPOSED EMINENT DOMAIN OVERLAY AREA - CONTINUED CONSIDERATION OF WRITTEN RESPONSES TO SEPTEMBER 7, 1999 - (400.10) Mayor Green/Chairman announced that this was the time scheduled for a Joint City Council/Redevelopment Agency public hearing to consider an amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project Area (1999 Amendment'). If adopted, the 1999 Amendment would permit the Agency the authority to use eminent domain, as a last resort, to acquire property on which persons reside within portions of the Main -Pier area of the Huntington Beach Redevelopment Project Area. The proposed properties subject to the 1999 Amendment are identified on the Main -Pier Residential Eminent Domain Overlay Map. There are no current plans to acquire additional property through the use of eminent domain. However, should a redevelopment project be undertaken in the future, the extension of the Agency's eminent domain powers could be crucial to the success and completion of revitalization of the downtown and the greater Main -Pier area. The Agency's Report to the City Council ("Report') on the proposed 1999 Amendment will be presented at the joint public hearing. The Report will include a Negative Declaration, the Reports of the Project Area Committee, and Planning Commission, and other documents, required by the California Community Redevelopment Law. Prior to the joint public hearing, these documents will be available for inspection at the Agency's offices at 2000 Main Street, Huntington Beach, California. At the joint public hearing, the City Council and the Agency will consider all evidence and testimony for and against the 1999 Amendment or the Negative Declaration. All persons having any objections to the proposed 1999 amendment may appear before the Agency and City Council and show cause why the proposed 1999 Amendment or the Negative Declaration should not be adopted. At any time not later than the hour set for the hearing, any person(s) so desiring will be given an opportunity to speak at the hearing. At the public hearing, the City Council and the Agency will proceed to hear and pass upon all written and oral objections to the proposed 1999 amendment, in accordance with the procedures of the California Community Redevelopment Law. The City Council will make written findings in response to written objections filed at the public hearing prior to adoption of the 1999 Amendment. 670 Page 12 - Council/Agency Minutes — 08/16/99 A map depicting the boundaries of the Huntington Beach Redevelopment Project Area ("Project Area") is included as Exhibit B. A legal description of the Project Area boundaries is available for inspection at the Agency's offices at 2000 Main Street, Huntington Beach, California. Copies are available at no charge. The City Clerk announced the following communications on this item had been provided to the City Council and which had also been announced earlier in the meeting: Communication dated August 16, 1999 from Rita Bohanan; business and property owner downtown Huntington Beach titled Reinstatement of Eminent Domain, Communication from John Starks, Certified General Real Estate Appraiser, SMS Real Property Services dated August 16, 1999 titled The Use of Eminent Domain to Obtain Land Located on Pacific Coast Highway Noah of Main Street. Communication dated August 16, 1999 from Timothy Stripe, Company President, representing Grand Pacific Resorts. The communication is titled Development Blocks 104 and 105 and sets forth that Frank Cr-acheolo remains committed to working with his company to develop the property. Y Communication with several exhibits from Jeffrey Oderman, Attorney at Law dated August 16, 1999 representing Citizens Against Redevelopment Excess, Abdelmuti Development Company, Ann and Ron Mase, Eldon and Barbara Bagstad objecting to 1999 Amendment to Redevelopment Plan. Said communication is titled 1999 Amendment to the Redevelopment Plan for the Huntington Beach Development Project. Communication from Alice Parmakian, resident 205 1" Street, and property owner of residential rental units at 207 and 209 1" Street Huntington Beach dated August 10, 1999 requesting that Council vote no on the Proposed 1999 Amendment to protect her property rights and the rights of others. Communication from James A. Lane, resident 637 Frankfort Ave. Huntington Beach dated August 9, 1999 objecting to the 1999 Amendment to the 1996 Redevelopment Plan allowing for condemnation of homes and apartments in the downtown area by using eminent domain. Communication from Frank M. Cracchiolo, resident 19712 Quiet Bay Lane, Huntington Beach dated August 16, 1999 in opposition to the use of eminent domain to condemn residential and commercial property in the downtown area. Communication from Frank M. Cracchiolo, resident 19712 Quiet Bay Lane, Huntington Beach dated January 19, 1999 regarding his negotiations with C.I.M. and Federated Realty concerning the redevelopment of Blocks 104 and 105 Phase II and requesting exclusion of his property from the eminent domain overlay. Said communication is titled Ref. Amendment to the Specific Plan Your Item #F 2 on Your Agenda This Evening. Communication from Deanne R. Coombs, resident 711 Pacific Coast Highway #208, Huntington Beach dated August 13, 1999 in opposition to the use of eminent domain to condemn residential property in the downtown area. 671 08/16199 - Council/Agency Minutes- Page 13 Communication from Corrine Burton, resident 6322 Bellinger, Huntington Beach dated August 14, 1999 in opposition to the use of eminent domain to condemn residential property in the downtown area. Communication from William J. Ross, resident 19213 Seabrook Lane, Huntington Beach dated August 16, 1999 in opposition to the use of eminent domain to acquire private property. Communication from Donald R. White, resident 18733 Elmwood Lane, Huntington Beach dated August 14, 1999 in opposition to the use of eminent domain to condemn residential property owners and asking Council to follow the recommendations of the Project Area Committee and reject this amendment. Communication from Orville La Venture, resident 510 Pacific Coast Highway, Huntington Beach dated August 11, 1999 in opposition to the use of eminent domain on Block 104/105 and requesting Council to follow the advice of the Project Area Committee and reject this amendment. Communication from Alisa R. Bree, resident 19098 Flagship Circle, Huntington Beach dated August 12, 1999 in opposition to the use of eminent domain to condemn residential property in the downtown area. Communication from Terry Rylski, 200 Pacific Coast Highway #326, Huntington Beach dated August 13, 1999 in opposition to the use of eminent domain to condemn residential and commercial property in the downtown area. Communication from Ralph Peck, 114 Pacific Coast Highway, Huntington Beach dated August 16, 1999 in opposition to the eminent domain proposal on the Peck Property. Communication from Shekhar Karnik, resident 6601 Trader Drive, Huntington Beach dated August 16, 1999 in opposition to the use of eminent domain to condemn local businesses and residences in the downtown area. Communication from Louise P. Fiorillo on behalf of herself and her brother Ralph Peck, property owners of 114 Pacific Coast Highway, 112, 114, and 116 Second Street, Huntington Beach dated August 16, 1999 in opposition to the proposal for eminent domain, on their properties. Communication from Gloria G. Treece, resident 505 Lake Street, Huntington Beach dated August 16, 1999 requesting the council vote No on the reestablishment of eminent domain in the downtown area. Communication from Stefan Wally, resident 224 le Street, Huntington Beach dated August 16, 1999 in opposition to the eminent domain proposal. Communication from Wayne and Joy Reinert, P. O. Box 284, Huntington Beach dated August 16, 1999 in opposition to the power of eminent domain in the downtown area. Communication from David J. Castenholz, member of the Project Area Committee, 711 Pacific Coast Highway, Suite 427, Huntington Beach dated August 16, 1999 in opposition to the 1999 Amendment to the 1996 Redevelopment Plan allowing for the condemnation of residential structures in the downtown area using eminent domain. 672 Page 14 - Council/Agency Minutes — 08/16/99 Communication from Dave Winn, property owner dated August 16, 1999 in opposition to the use of eminent domain in the residential areas of downtown. Slide show presentation from the Economic Development Director dated August 16, 1999 titled Proposed 1999 Amendment to the Huntington Beach Redevelopment Plan. Communication from the Economic Development Director dated August 16, 1999 titled Parcel Maps of Areas Excluded from Residential Eminent Domain. Communication from Michael Leifer dated August 16, 1999, Attorney at Law, Palmier, Tyler, Wiener, Wilhelm and Waldron LLP, representing Charles E. Gather, property owner, titled Objections to Proposed 1999 Amendment ("Proposal Amendment'} to the Redevelopment Plan for the Huntington Beach Redevelopment Project for the Disposition of Residential Property Under the Power of Eminent Domain. The following communications were included in the agenda packet: Communication dated July 19, 1999 from Susan Worthy requesting exemption of National Register of Historic Places property located at 128 6'4 Street. Communication dated August 3, 1999 from Robert Bolen, Chairman, Main -Pier Project Area Committee regarding formal complaint for Conflict of Interest filed against three Councilmembers. Communication from Jim Lane dated August 9, 1999 opposing the proposed amendment. The City Attorney/Agency Council reported that certain City Council/Agency members will be abstaining from participation in the joint public hearing in consideration of the 1999 Amendment due to a potential conflict of interest. Councilmembers Ralph Bauer, Pam Julien, and Dave Garofalo each read their conflict communications dated August 16, 1999 - Disclosure Statement made pursuant to Califomia Code of Regulations Section 18702.1. These communications are titled Disclosure of Potential Conflict of Interest Regarding Proposed Redevelopment Plan Amendment and are addressed to Connie Brockway, City Clerk and dated August 16, 1999. The communications were announced earlier in the meeting during Late Communications. Mayor/Chairman Green announced that the City Council and Redevelopment Agency are convened in joint session. Legal notice had been mailed, published and posted. Mayor/Chairman Green opened the Joint City Council Redevelopment Agency public hearing and he requested a staff presentation. Director of Economic Development Biggs made introductory comments including a summary of the historic use of eminent domain by the Redevelopment Agencies and the reasons for the proposed amendment. He introduced Agency Redevelopment Consultant Murray Kane, Attorney at Law, of the firm of Kane, Ballmer, and Berkman. 673 08/16/99 - Council/Agency Minutes- Page 15 Murray Kane, special agency counsel described the scope of the amendment, previous events, noticing activities, scheduled actions and introduced documents into the record. City Clerk Brockway presented the letters which had been received by her office and which had been distributed to the City Council/Redevelopment Agency. The communications were read by, date and the persons' names were as follows: Communication dated July 19, 1999 from Susan Worthy requesting exemption of National Register of Historic Places property located at 128 B"' Street. Communication dated August 3, 1999 from Robert Bolen, Chairman, Main -Pier Project Area Committee regarding formal complaint for conflict of interest filed against three Councilmembers. Communication from Jim Lane dated August 9, 1999 opposing the proposed amendment. DEANNE COOMBS informed Council that according to her research of the CIM Company, their developments were "cold" developments. She requested that Council not sacrifice pride and traditions for revenue which may be received in taxes. She stated that the city will lose it's uniqueness if such development is allowed. JAMES LANE, PAC Project Area Committee Member and Huntington Beach Tomorrow member, stated that they were adamantly opposed to eminent domain on residential property. He spoke regarding the organization Huntington Beach Cares and its mission. Mr. Lane read a petition to Council regarding their concern relative to plan which could allow for condemnation and what they believe is developer welfare. He stated that the petition is signed by 1,300 members of the community who are against this plan. He presented the petition to the City/Agency Clerk. Said petition is titled Stop Redevelopment Excesses Join Huntington Beach Cares (Citizens Against Redevelopment Excesses) LOUISE FIORILLO, property owner, stated that these properties have been in her family since the 1940s, She requested that those in the audience opposed to eminent domain stand. She requested that eminent domain be excluded from her property. Ms. Fiorillo presented other reasons for her opposition. DONALD PERRY stated that he opposed having a "blank check" for developers and stated that he does not believe it is private enterprise; that money is not going to be put up with a gamble that the project may or may not succeed. He stated that the city may be the loser. CLEM DOMINGUEZ stated that he believes the real reason is that the city wants to apply eminent domain is not blight but is to gain revenue. He stated it was not meant to impose eminent domain and give to a private party. GARY HAAS stated he favored the proposed amendment and that he believes action of the Project Area Committee had been self serving. He spoke regarding the ways he believes the property will be improved. TERRY RYLSKI informed Council she was disappointed and concerned about the threat of eminent domain taking over the older properties. She questioned if eminent domain was necessary for a school, a park, or a library. She referred to the Pier Pavilion as an example of redevelopment gone wrong. 674 Page 16 - Council/Agency Minutes -- 08/16/99 JAMES FIORILLO stated that he was representing his brother, sister, and cousins relative to property in the area. He read the section of the Constitution which he believes prohibits the taking of their property. SAL CRACCHIOLO detailed his father's and his negotiations with CIM Company which covered three meetings on the property and the proposed development. GUY GUZZARDO stated that the staff had been very helpful in developing a plan for their historic house and that he does not believe his home is threatened by eminent domain. Mr. Guzzardo stated; however, that he still does not believe something as scary and as threatening as eminent domain is necessary and that staff can work out another solution. WAYNE SOUTH JR. stated he is totally opposed to eminent domain as it threatens their livelihood. He stated that the city does not need another mini -mall; that his area has been a safe place for many years. WAYNE SOUTH SR. stated that eminent domain will put a strain on him and he wants to remain in his residence with his son. RALPH PECK stated he was here on his behalf and his tenants. He stated their properities are not a blight; they need a face-lift. Mr. Peck stated he will paint it if that is what is needed. He stated that he believes that this is a "land grab" connected to development and "big money". J. K. CZECHOWSKI presented the definition of economic development which he stated includes thrift and prudence with something left over. He stated his opposition to eminent domain. RUBEN VANIAN representative of owners of property at First Street and Walnut Avenue. He stated his opposition to economic development and stated that he challenges Economic Development Director Biggs' definition of deterioration of. property. In research of his own definition he spoke against literature he had received stating that more contemporary property is wanted and more architectural structure. The City Clerk stated that a quorum was not present and recommended that a momentary recess of the hearing be held until the councilmember could return to his desk. The City Attorney reported on the quorum matter at Councilmember Harman's request. City Attorney Hutton also responded to Mayor Green's question regarding the vote required for eminent domain and stated that action on eminent domain will not be taken tonight. The meeting resumed. BOB BOLIN, the Chair of the Project Area Commttee, read the Project Area Committee Report as set forth in the agenda packet material. He spoke regarding issues relating to the proposed Certificate of Compliance. SHARON MC GINN stated that she disagreed with the newspaper article stating that a dozen people would be displaced. Ms. Mc Ginn informed Council that she resides in a beach cottage and this area has charm. She requested that Council vote against the proposed amendment. 675 08/16/99 - Council/Agency Minutes- Page 17 ALICE PARNAKIAN spoke in opposition to the proposed plan. She requested that Council vote in opposition. She stated she is a long time property owner in Huntington Beach and was an advocate of the property owners and agreed with the other public comments relative to the issue. JEFFREY ODERMAN, Attorney at Law, representing the firm of Rutan and Tucker, representing Huntington Beach Cares, Abdelmuti, Baxter, Mase, property owners, requested that Council "kill" this amendment tonight. He stated that the Project Area Committee has overwhelmingly voted against the proposed amendment. Mr. Oderman stated that he believes the people Council should listen to are those who have spoken tonight in opposition. Mr. Oderman stated that the give -a -way to economic development was close to 35 million dollars in his estimation. In response to Councilmember Harman, Mr. Oderman stated that he does not believe there is a conflict of interest in his firm representing these clients and representing the city on another issue. He clarified his representation of his clients, and his representation of the city. DAVID CASTENHOLZ, PAC Committee Member, spoke regarding his belief in property rights. He stated that he does not believe the issue of blight is involved here. He stated that he tried to come into the Project Area Committee in an objective manner and it became clear that the goal of the plan for Blocks 101, 104, and 105 was the goal of the entire amendment from the outset and remains the goal. He stated that he believes the Council will make a huge mistake in approving this amendment. Mr. Castenholz requested Council to ask themselves who this proposed amendment will serve. WAYNE REINERT stated he resides in the affected area and does work on the buildings in the area. He stated the kinds of persons residing there who will be displaced. DEWEY DAVIDE spoke in opposition to the eminent domain proposal stating that it is a liability to the city and the taxpayers. Mr. Davide stated that the comment of the city consultant that there will be no fiscal impact on the city is incorrect and presented reasons for his opinion. BSORN JOFFEE, PAC Member, spoke against the proposed amendment. He stated that he has housed surfers at the surfing event who could not afford hotel rooms. Mr. Joffee spoke regarding the ocean pollution and the sewage coming from downtown Huntington Beach sewers. Discussion was held by Council regarding the pollution level at Huntington Beach State Beach and that it does not extend to the Huntington Beach City Beach. ADELLE MANOS stated that the newspaper had reported that 12 people are going to be displaced and this is not a true statement. She stated that there are more and that she and her family will be displaced. Ms. Manos informed Council about some of the residents stating that her husband is in law enforcement and she a stay-at-home mom. Ms. Manos stated that her husband's employment is protects the city yet her family is to be displaced. DAVE WINN, Downtown Homeowners Association, stated his family's apartments were not blighted. He stated that there is no hurry to vote for this tonight; that the Council must listen to those who live in the area 676 Page 18 - Council/Agency Minutes — 08/16/99 CHRISTOPHER SUTTON spoke regarding the reasons eminent domain is wrong including transaction costs are so high to the property owner. He stated that this is a fraudulent project and not rationale. Mr. Sutton stated that all it will do is guarantee employment of lawyers. He spoke regarding the voters of the city of Ventura who defeated redevelopment eminent domain . by an initiative placed on the ballot. GEORG CHRISTA stated that the Council should let their conscience be their guide. He spoke regarding his experience in Germany in 1957. There being no persons present to speak further on the matter and there being no further protest filed, either written or oral, the joint public hearing was closed by Mayor/Chairman Green. Mayor/Chairman Green requested an explanation of what Council is voting on at this meeting Economic Development Director Biggs clarified what is being voted on at this meeting and what will be before the Agency to vote on at the subsequent meeting. Mayor Green requested clarification of who was responsible in making the determination of the blighted conditions in the overlay area. Jim Simon of Rosenow Spevacek Group, Inc. responded referring to his report and specified the conditions the determination was based on including inadequate lot sizes, substandard residential uses, and incompatible uses, etc. Economic Development Director Biggs reported on the Certificate of Conformance Procedure; that there is not a process and that one would be prepared for the people. The City Council/Agency Members made inquiries of staff. Councilmember/Agency Member Dettloff reported on the CIM Company and the property owners they have contacted. Economic Development Director Biggs responded to Councilmember Dettloff regarding the matter of removal from the eminent domain overlay plan of property located at First Street and Second Street. Economic Development Director Biggs, at Council/Agency Member Dettlofs request, reported on the affordable housing as it pertains to this matter. Murray Kane, Special Agency Counsel, and Council/Agency Member Dettloff request stated that just compensation must be paid for property. He described the process including the appraisal process and payment of attorney's fees. He explained why this eminent domain has been called as a last resort. Mr. Kane reported on the history of eminent domain in the downtown area. Council/Agency Member Dettloff spoke regarding previous negations with some of the property owners. Councilmember Sullivan spoke regarding the issue of Certificate of Conformance Procedure and Mr. Kane responded that any property owner coulc try to qualify to show there is no need for the redevelopment of their property utilizing a Certificate of Conformance Procedure. He specified it would be at the discretion of the Agency. 677 08/16/99 - Council/Agency Minutes- Page 19 Councilmember Harman questioned. if photographs will be presented showing blighted property as the speakers have said that their properties are not blighted. Economic Development Director Biggs responded to the matter and stated it could be seen if Council would drive by the area_ Murray Kane, Special Agency Counsel, stated that the Project Area as a whole has been declared blighted; that there is no requirement that each property has to be found blighted. Mayor/Chairman Green spoke regarding the city's need to expand its tax base. A motion was made by Green, second Harman to approve the following City Council actions: 1. Approve and adopt the attached Resolution No. 99-59 of the City Council of the City of Huntington Beach approving and Certifying the Negative Declaration for the 1999 Amendment to the Huntington Beach Redevelopment Plan (Negative Declaration No. 99-4) and 2. Continue consideration of written responses and the 1999 Amendment to the Huntington Beach Redevelopment Plan to the City Council and Redevelopment Agency meeting on September 7, 1999. The motion carried by the following roll call vote: AYES: Green, Dettloff, Harman, Sullivan ABSENT: None ABSTENTIONS: Julien, Bauer, Garofalo A motion was made by Green, second Dettloff to approve the following Redevelopment Agency actions: 1. Approve the attached Resolution No. 305 of the Redevelopment Agency of the City of Huntington Beach Approving and Certifying the Negative Declaration for the 1999 Amendment to the Huntington Beach Plan (Negative Declaration No. 99-4). 2. .Direct staff to further reduce the proposed Eminent Domain Overlay Area to exclude the properties on Lake Street between Orange and Pecan Avenues (APN Nos. 024-134-09, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22) and the Historic Worthy property on Block 105 (APN No. 024-152-01).and 3. Continue consideration of written responses, the 1999 Amendment to the Huntington Beach Redevelopment Plan and the Certificate of Conformance Procedure to the City Council and Redevelopment Agency meeting on September 7, 1999. The motion carried by the following roll call vote: AYES: Green, Dettloff, Harman, Sullivan ABSENT: None ABSTENTIONS: Julien, Bauer, Garofalo Recess called at 11:35 p.m. CONSENT CALENDAR - ITEM REMOVED FOR SEPARATE DISCUSSION Council by unanimous consensus removed the following items from the Consent calendar for separate discussion: Resolution No. 99-58 — Approval to Destroy City Attorney's Records 678 Page 20 - Council/Agency Minutes -- 08/16199 CONSENT CALENDAR - ITEMS APPROVED On motion by Garofalo, second Julien Council approved the following Consent Calendar items as. recommended by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) APPROVED CONTRACT WITH PUBLIC SAFETY NET, INC. TO UPGRADE POLICE COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM -- APPROVED MODIFICATIONS TO INSURANCE REQUIREMENTS (600.10) — 1. Approved contract with Public Safety Net, Inc. and authorized expenditures from the Equipment Replacement Fund (E-IQ-PD-333-662) to upgrade the CADIRMS and purchased the Property/Evidence System. 2. Approved the expenditure of additional funds for contingencies if necessary. 3. Approved the purchase of the hardware and software warranty. 4. Appointed Public Safety information Systems Manager Jim Moore as Project Manager. 5. Authorized the Project Manager to enter into licensing and associated escrow agreements for the software with attestation by the -City Clerk. 6. Waived the cancellation clause requirement to strike out the works "endeavor to" and "but failure to mail such notice shaft impose no obligation or liability of any kind upon the company, its agents or representatives" for Public Safety Net's Liability insurance (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT BETWEEN CITY AND RESOURCES CONNECTION, LLC TO PROVIDE TEMPORARY STAFFING DUE TO A RETIREMENT (SENIOR DEPUTY CITY TREASURER) (600.10) —Approved and authorized execution of the Professional Services Contract Between The City Of Huntington Beach And Resources Connection LLC For Provision Of A Temporary Senior Deputy City Treasurer Working In The City Treasurer's Office and authorized the City Treasurer to expend monies to cover contract expenditures, not to exceed $60,000, until the permanent position is filled for the City Treasurer's Department and authorized the Mayor and City Clerk to execute said agreement. (CITY COUNCIL) APPROVED THE PROFESSIONAL SERVICES CONTRACT WITH L.D. KING, INC. (RICHARD FLEENER) FOR CONSULTING SERVICES IN CONNECTION WITH THE PREPARATION OF A NEIGHBORHOOD PRESERVATION PROGRAM --APPROVED MODIFICATIONS TO INSURANCE REQUIREMENTS (600.10) —1. Approved the Professional Services Contract Between The City Of Huntington Beach And L. D. King, Inc. For Preparation Of A Neighborhood Prevention Program as prepared by the City Attorney, in amount not to exceed Fifty Eight Thousand Nine Hundred Twenty Dollars ($58,920), subject to mutual agreement by the City and L.D. King, Inc., and authorized the Mayor and City Clerk to sign, and 2. Amended requirements under Professional Liability to allow a deductible not to exceed $25,000. (CITY COUNCIL) APPROVED SHARED TRAFFIC SIGNAL CONSTRUCTION AGREEMENT WITH CITY OF WESTMINSTER FOR SIGNAL MODIFICATIONS AT NEWLAND STREET AND EDINGER AVENUE — PROJECT NO. 55036 991200 (600.10) —Approved and authorized the Mayor and City Clerk to execute the agreement with the City of Westminster for signal modifications at Newland Street and Edinger Avenue. 679 08116/99 - Council/Agency Minutes- Page 21 (CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 16676 OF TENTATIVE TRACT MAP NO. 16675 WITH BONDS AND AGREEMENTS (MONTECITO) — PLC LAND COMPANY — (HOLLY-SEACLIFF SPECIFIC PLAN) — NMI CORNER OF INTERSECTION OF GOLDENWEST STREET/SUMMIT DRIVE —APPROVED SUBDIVISION AGREEMENT (420.60) - 1. Approved Final Tract Map No. 15675 and accepted the offer of dedication, improvements, and bonds pursuant to findings and requirements (Attachment No. 1); Findings for Acceptance of Final Map: 1. Final Tract Map No. 15675 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15675, conditions of approval as approved by the Planning Commission. Requirements: 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 (American Motorist's Insurance Company) bonds with the City Treasurer: a. Faithful Performance Bond No. 3SM95819800, b. Labor and Material Bond No. 3SM95819800, c. Monument Bond No. 3SM95819900 as presented in Attachment No, 6. 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; and 2. Approved the Subdivision Agreement between the City and PLC and authorized execution by the Mayor and City Clerk. (CITY COUNCIL) APPROVED CONSULTANT FOR SLATER CHANNEL DESIGN PLANS AND SPECIFICATIONS -- CC-1089 — APPROVED AMENDMENT NO. 1 TO AGREEMENT — TETRA TECH INCISIMONS, LI & ASSOCIATES (600.10) —1. Approved $229,550, for the preparation of improvement plans, specifications and environmental survey, and; 2. Approved the selection of Simons, Li & Associates, to prepare the improvement plans, specifications and environmental survey for the Slater Channel; CC-1089, and approved and authorized execution of Amendment No. 1 To Agreement Between The City Of Huntington Beach And Tetra Tech, Inc., Simons Li & Associates, Inc. For The Preparation Of Design Plans, Specifications And Cost Estimate for The Slater Channel and authorized the Director of Public works to expend $258,505 to cover contract costs of $229,550, potential change orders of $22,955, and supplemental expenditures of $6,000. (CITY COUNCIL) APPROVED CONSENT FOR PENDING SALE OF TENTATIVE TRACT NO. 15675 & ASSUMPTION OF RIGHTS, DUTIES & OBLIGATIONS — HOLLY-SEACLIFF DEVELOPMENT AGREEMENT AREA — PLC LAND COMPANY & PENINSULA PARTNERS, LLC — "PENINSULA PARK" — S1W CORNER OF GARFIELD AVENUE & GOLDENWEST STREET (600.10) --1. Pursuant to Section 4.2 of the Holly-Seacliff Development Agreement, approved the request by PLC for the City Council to provide consent for the pending sale of the property known as Tentative Tract No. 15675 to Peninsula Park, LLC; and 2. Authorized the Mayor and City Clerk to execute the Certificate Of Consent To The Sale Of Property And The Assumption Of Rights, Duties And Obligations By And Between The City Of Huntington Beach, PLC, LLC; and to record same with the County Recorder. (CITY COUNCIL) APPROVED AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES WITH COUNTY OF ORANGE (600.25) — Approved and authorized execution of the Agreement For Animal Control And Shelter Services with the County of Orange for a term to end June 30, 2000, with possible automatic extension to July 1, 2000. 680 Page 22 - Council/Agency Minutes — 08/16/99 (CITY COUNCIL) APPROVED PARK LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR LEBARD PARK (600.10) —Approved the License Agreement with Southern California Edison Company to utilize two acres of property at LeBard Park for ten years at $200 per acre per year, and authorized the Mayor and City Clerk to , execute same. (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-57 — SUPPORTING THE SANTA ANA WATERSHED PROJECT AUTHORITY— (UNDERGROUND WATER STORAGE & ENVIRONMENTAL RESTORATION) (1000,90) - Adopted Resolution No. 99-57 —'A Resolution of the City Council of the City of Huntington Beach to Support the Santa Ana Watershed Project Authority (SA WPA." The Santa Ana Watershed Project Authority (SAWPA) has proposed a program for underground water storage and environmental restoration in Southern California. The attached resolution supports the program and encourages its funding. (CITY COUNCIL) APPROVED APPOINTMENTS & RE -APPOINTMENT TO THE LIBRARY BOARD OF TRUSTEES — WROBEL -- SIEGRIST, MCGRATH, PARODI — MACDONELL — BRIL (110.20) — Appointed Olga Wrobel, Ruth Siegrist, Richard McGrath, John Parodi and Linda MacDonnel for terms to expire June 30, 1999 and ratify the re -appointment for a term to expire June 30, 2003 of Patricia Bril to the Library Board of Trustees. (CITY COUNCIL) APPROVED FUNDS TO MAKE EMERGENCY ELECTRICAL REPAIRS AND PURCHASE REPLACEMENT HAND DRYERS FOR THE MAIN PROMENADE PARKING STRUCTURE RESTROOMS(320.45) — Approved amendment of $9,000 to the FY 98/99 budget to Account No.E-AA-CS-343-3-90-00 to make emergency electrical repairs and replace hand dryers at Main Promenade public restrooms (CITY COUNCIL) DEFERRED RESOLUTION NO. 99-58 — DESTRUCTION OF CITY ATTORNEY'S RECORDS (170.50) The City Council considered the adoption of Resolution No. 99-58 which would grant authorization to destroy certain City Attorney records. A motion was made by Sullivan, second Green to defer adoption of Resolution No. 99-58 - `A Resolution of the City Council of the City of Huntington Beach Authorizing Destruction of Certain City Records" to a later date. Councilmember Sullivan stated he believed there may be records worthwhile to preserve and he would like to meet with the City Attorney on this matter. The motion made by Sullilvan, second Green carried unanimously. (CITY COUNCIL) APPROVED CONCEPTUAL SITE PLANS FOR JOINT AQUATIC FACILITIES PROJECTS WITH HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AT H.B. HIGH SCHOOL & OCEAN VIEW HIGH SCHOOL — DIRECTED STAFF TO WORK WITH SCHOOL DISTRICT REGARDING FUNDING/FINANCING PLAN — APPOINTED TWO COUNCILMEMBERS TO SERVE ON AQUATICS FACILITIES COMMITTEE (COUNCILMEMBER BAUER/MAYOR PRO TEM GAROFALO) (920.10) The City Council considered a communication from the Community Services Director requesting Council consideration of Huntington Beach Union High School District to provide aquatic facilities at Huntington Beach High School and Ocean View High School. 681 08/16/99 - Council/Agency Minutes- Page 23 Earlier in the meeting, the City Clerk had announced that the following communication of this item had been provided to the City Council: Slide Reports prepared by the CSC titled Aquatics Facility Murdy Park/Parkview School Proposed Site Plan History of HCP Sports Complex Project A motion was made by Garofalo, second Julien to approve the following recommended actions: 1. Approve conceptual site plans for joint aquatic facilities projects with the Huntington Beach Union High School District at Huntington Beach High School and Ocean View High School; and 2. Direct city staff to work with school district staff to develop funding options and a strategic financing plan for the development of aquatic facilities. The motion carried unanimously. A motion by Garofalo, second Julien to appoint Councilmember Bauer and Mayor Pro Tem Garofalo to serve on the Aquatic Facilities committee with two school board trustees to review the funding options and strategic financing plan for further consideration and recommendation. The motion carried unanimously. (CITY COUNCIL) APPROVED RECOMMENDED ACTIONS TO IMPLEMENT SPORTS FACILITIES NEEDS ASSESSMENT STUDY FOR SPORTS COMPLEX IN HUNTINGTON CENTRAL PARK (920.10) The City Council considered a communication from the Community Services Director informing Council of the need to approve the Community Sports Facilities Inventory and Needs Assessment Study, approve the site plan for the sports complex in Huntington Central Park; and conceptually approve the funding and timeline strategy. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council Communication from Susan Dorfman, North Huntington Beach Football Club dated August 12, 1999 titled Pro -City Sports Complex in Central Park. Communication titled Regarding: Pro -City Sports Complex in Central Park Communication from Trent Harris resident of Huntington Beach dated August 16, 1999 in support of a sports complex at Huntington Central Park. A motion was made by Garofalo, second Julien approve the following recommended actions: 1. Approve the Community Sports Facilities Inventory and Needs Assessment Study as presented; and 2. Approve the site plan for the sports complex in Huntington Central Park as presented in Attachment No. 'I to the Request for Council Action dated August 16, 1999 and 3. Give conceptual approval for funding and timeline strategy as presented in Attachment No. 2 to the Request for Council Action dated August 16, 1999. Councilmember Sullivan stated his concern that when rainy conditions exist that the field will be destroyed from soccer use. He stated that an employee such as Public Works Superintendent Daryl Smith or Public Works Supervisor - Park Maintenance Jim Jones, should be the designated employee to decide if the weather conditions are rainy enough to warrant disallowing soccer use. 682 Page 24 - CounciffAgency Minutes — 08116/99 The motion made by Garofalo, second Julien carried unanimously. Community Director Hagan informed Council that an ordinance would be prepared to ensure that the rain policy can not be violated_ (CITY COUNCIL) APPROVED CONCEPTUAL PLAN FOR A YOUTH SPORTS COMPLEX AT MURDY COMMUNITY PARK/PARK VIEW SCHOOL (920.10) The City Council considered a communication from Community Services Director Hagan recommending Council approval of the conceptual plan for a Youth Sports Complex at Murdy Community Park and Park View School. A motion was made by Garofalo, second Dettloff to approve the concept as presented for the reconfiguration of Murdy Community Park and Park View School into a Youth Sports Complex. The motion carried unanimously. Councilmember Dettloff complimented Chuck Beauregard and Mike Green for their input and work. She stated without the leadership of Mr. Beauregard and Mr. Green this plan might never had been developed. She stated that Community Services Director Hagan and Deputy Director Jim Engle contributed greatly to this project. (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3433 — OUTDOOR DINING — AMENDS DOWNTOWN SPECIFIC PLAN — ZONING TEXT AMENDMENT NO. 98-4 -- (450.20) 'An Ordinance of the City Council of the City of Huntington Beach Amending the Downtown Specific Plan by Amending Section 4.2.33 Thereof Titled "Outdoor Dining" A motion was made by Dettloff, second Garofalo to approve the adoption of Ordinance No. 3433 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3434 -- AMENDS H.B. MUNICIPAL CODE RELATING TO DRINKING ALCOHOL IN PUBLIC PLACES (450.20)— "An Otdfinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Section 9.44.010 Thereof Relating to Drinking Alcohol in Public Places." A motion was made by Garofalo, second Dettloff to approve the adoption of Ordinance No. 3434 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 683 08116/99 - Council/Agency Minutes- Page 25 ITEMS SUBMITTED BY COUNCILIAGENCY MEMBERS (City Council) Submitted by Councilmember Ralph Bauer - Turn Of The Century Committee - No Action Taken (960.20) The City Council considered a communication from Councilmember Ralph Bauer regarding his concern that the Turn of the Century Committee may be taking more staff time than is appropriate. The City Council previously authorized no more than five hours per week or a total of 260 hours for the entire event. For example, there are four staff members on the Turn of the Century Committee. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council: Communication from Administration dated August 16, 1999 transmitting a complete 1999 monthly roster of the Turn of the Century Committee. Communication from Diane Baker, Huntington Beach Conference and Visitor's Bureau dated August 16, 1999 transmitting the Turn of the Century Committee Members and clarifying the committee chairs. Also transmitted are notes about the Turn of the Century from the HBCVB web site. Communication titled Turn of the Century Memo from Community Services Director Hagan to the Mayor and City Council and city administration titled Councilmember Bauees "hl" Item; Staff Time Spent on Turn of Century Committee Councilmember Bauer referred to a memorandum from City Administrator Silver dated August 16, 1999. Community Services Director Hagan presented a staff report. City Administrator Silver stated that action was not necessary on this item; that the tracking form that has been developed will resolve the issue. Councilmember Sullivan stated he did not believe the Community Services Director's workload allowed time for him to be on this committee. Councilmember Bauer stated this should be left to the discretion of the City Administrator. (CITY COUNCIL) POLICE DIRECTED TOWING SERVICE IN HUNTINGTON BEACH - ORDINANCE TO BE PRESENTED AT STUDY SESSION - OCTOBER 4, 1999 (530.30) The City Council considered a communication from Councilmember Bauer relative to the city's police directed "towing program" and informing Council that it has been mentioned that the cities of Newport Beach and Costa Mesa have a time -centered procedure whereas Huntington Beach has a person -centered criteria for calling tow service and that perhaps their systems are even better 684 Page 26 - Council/Agency Minutes -- 08/16199 Councilmember Bauer reported that he had been informed that a towing ordinance is being prepared for presentation to Council in the near future which he assumes will address his concerns. Police Chief Lowenberg stated that he believes the proposed towing ordinance will be discussed at a Council study session at the first meeting in October. Councilmember Harman stated that he would like to see the ordinance about 10 days prior to the Council meeting. Councilmember Harman spoke regarding the towing company that was removed from towing operations and reinstated by an administrative law judge. He spoke regarding the problem encountered by a person trying to get his big rig released. Police Chief Lowenberg responded on the subject to Council. No action was taken by Council. Councilmember Sullivan Appointed to Replace Councilmember Dettloff on City Council Coastal Commission Committee - City Review of Bolsa Chica Issues Before the Coastal Commission (440.60) The City Council considered a communication from Councilmember Dettloff relative to the upcoming meeting of the California Coastal Commission regarding the Bolsa Chica. Councilmember Dettloff reported on the reasons why she is recommending that the City Council Coastal Commission be reactivated. A motion was made by Garofalo, second Green that in anticipation of the up -coming Coastal Commission meeting regarding the Bolsa Chica, the Council direct staff to analyze the proposed development relative to coastal issues and report back to the Bolsa Chica City Council Committee with recommendation. Further that Councilmember Sullivan be appointed to replace Councilmember Dettloff on the City Council Coastal Commission Committee relative to the Bolsa Chica. The motion carried unanimously. COMMENTS BY COUNCILMEMBER SULLIVAN REGARDING NEED FOR "CITY OF HUNTINGTON BEACH" TO BE REFLECTED ON MARATHON RACE PROMOTIONAL MATERIAL (600.10) Councilmember Sullivan commented on a brochure wherein the City of Long Beach !Marathon reflected the name of the city of Long Beach. He stated that the City of Huntington Beach should have similar recognition as it pertains to the marathon that is held in Huntington Beach. APPOINTMENT OF MAYOR PRO TEM GAROFALO TO THE PUBLIC CABLE TELEVISION AUTHORITY BOARD OF DIRECTORS (140.60) Mayor Pro Tern Garofalo informed the Council and audience of his appointment to the Public Cable Television Authority Board of Directors. The Councilmembers congratulated Mayor Pro Tern Garofalo on his appointment. 685 08/16/99 - Council/Agency Minutes- Page 27 ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY -12:15 A.M. 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 August 30, 1999 at 4:30 p.m., in Council i Chambers, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk City Clerk and ex-officio Cleric of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor/Chairman 686