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HomeMy WebLinkAbout1999-09-07 (7)MINUTES 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 Tuesday, September 7, 1999 An audiotape of the 5.00 p.m. portion of this meeting and a videotape 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: Garofalo, Green, Dettloff, Sullivan, (Harman arrived at 5:05 p.m.; Julien arrived at 5:15 p.m.) Absent: Bauer PUBLIC COMMENTS REGARDING STUDY SESSION & CLOSED SESSION AGENDA ITEMS RUSSELL REINHART, representing the Huntington Beach Police Officer's Association, addressed Council regarding the meet and confer issue on the agenda relative to labor relations matters. He informed Council why he believes the random drug policy is a poorly written policy including that it was prepared for truck drivers. Officer Reinhart informed Council that the Police Chief had prepared a better policy. He stated that the city could "sell" the Police Chief's policy to the employees and explained the concept. He requested that Council give direction on this matter to the negotiating team. CITY COUNCILIREDEVELOPMENT AGENCY STUDY SESSION PRESENTATION REGARDING HUNTINGTON CENTER MALL — EZRALOW COMPANY (460.30) Brian Ezralow, President of Ezralow Company, introduced partners Doug Gray, and Gary Freedman, to the City Councilmembers, staff and audience. Also in attendance were Planning Commissioner Ed Laird and Planning Commissioner Fred Speaker. Mr. Ezralow spoke regarding the past and the present focus of his company, stating that 80% of his projects are in Southern California and that most of the properties they develop they still own. He spoke regarding the pride his company takes in their projects. Doug Gray referred to a rendering of their proposed project at the Huntington Center Mall site. Discussion was held among the City Councilmembers and Mr. Gray. Planning Commissioner Fred Speaker stated it is the Planning Commission's intent to get freeway exit right to the project. He spoke regarding the height issue of the free standing tower element. 695 Page 2 - Council/Agency Minutes—09107199 In response to the question by Planning Commissioner Ed Laird, the Ezralow's Company representatives informed him that the company was approaching the project as a Redevelopment Agency assisted project. Mayor Green thanked Mr. Ezralow and his associates for their presentation. MOTION TO RECESS TO CLOSED SESSION A motion was made by Green, second Harman to recess to Closed Session the following items: The motion carried by unanimous vote with Bauer recorded absent. (City Council) Closed Session — City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director; Daniel Cassidy, Esquire of Liebert, Cassidy and Frierson and Richard Whitmore, Esquire of Whitmore, Johnson & Bolanos 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 City of Huntington Beach v. PERS, - Orange County Superior Court Case No. 77 99 58. Subject: City of Huntington Beach v. PERS. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation. (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of Potential Cases: 1. Subject: Orange County Water District 2020 Master Plan. (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 Amel Retail Group v. City of Huntington Beach, et al.; - Orange County Superior Court Case No. 813868. Subject: Arnel Retail Group v. City of Huntington Beach, et.al. (120.80) RECONVENE CITY COUNCIUREDEVELOPM ENT AGENCY MEETING City Attorney's Report of Action Taken By The City Council In Closed Session Required By Law (Government Code §54957.1(a)(2)). — Re: Orange County Water District 2020 Master Plan City Attorney Hutton reported that on Tuesday September 7, 1999 the City Council convened in closed session to discuss whether to initiate litigation in regard to the Orange County Water District Master Plan. By the following vote the City Council authorized the initiation of such litigation: AYES: Julien, Bauer, Garofalo, Green, Sullivan NOES: Harman, Dettloff ABSENT: None Once the litigation has been formally commenced, the City must, upon inquiry, disclose the identity of the action, the parties, or other particulars, unless to do so would jeopardize service of process or existing settlement negotiations. 696 09/07199 - Council/Agency Minutes- Page 3 CITY COUNCILIREDEVELOPM ENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by Bob Kakuk, Team Leader, Vietnam Veterans of Orange County. INVOCATION The Invocation was offered by Mr. Bruce Templeton, First Christian Church, Huntington Beach. 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: Communication from Building Industry Association/Orange County Chapter, dated September 7, 1999 titled Subject September 7, 1999 City Council Agenda — Item D-1: Library Development Fee Increase — Request for Continuance. Slide show presentation from the Director of Library Services dated September 7, 1999 titled Library Development Fee. Slide Report titled Preliminary Budget— FY 199912000 — 2000/2001 - Overview (not dated). Communication from Jeffrey M. Oderman, Attorney at Law, of Rutan & Tucker, LLP, on behalf of Abdeimuti Development Company, inc. dated August 16, 1999 titled Re: Ocean View Promenade; Approval of Lease Between Abdelmuti Development Company and Paige Communication, Inc. The same letter updated to reflect the date of September 7, 1999 was handed to the City Clerk by Mr. Oderman. Communication from the Economic Development Director received September 7, 1999 submitting a change of dealership name from Gary Turner, Beach Motors Oldsmobile Mazda to Craig Shear, Huntington Beach Nissan titled Huntington Beach Automobile Dealers. - Slide Show presentation from the Public Works director dated September 7, 1999 titled Tree Removal and Replacement Policy. Slide show presentation from the Public Works director dated September 7, 1999 titled Proposed Traffic Signal Priority List. Slide show presentation from the Economic Development Director dated September 7, 1999 entitled 1999 Redevelopment Plan Amendment Past Actions, Current Actions & Future Actions. 697 Page 4 - Council/Agency Minutes—09107199 Communication from the Economic Development Director dated September 7, 1999 titled Subject: Proposed Redevelopment Plan Item F-3/Block 10411051CIM Property Acquisition Update. Communication from Wayne and Joy Reinhart, P. O. Box 284, Huntington Beach against eminent domain in the downtown. Communication from the Planning Director dated September 7, 1999 titled Crest View School Site Estimated ScheduleAVat-Mart Construction Milestones. PRESENTATION — By Mayor Peter Green to Bob Kakuk, Team Leader, Vietnam Veterans of Orange County, a presentation of a proclamation proclaiming the Week of September 13-19, 1999 as POW/MIA RECOGNITION WEEK_ PRESENTATION — By Mayor Peter Green to Greg Argues, Chairperson, PSS Foundation recognizing the Foundation for its contributions to the single parents and children in Project Self- sufficiency. PUBLIC COMMENTS SHEREE RANNOW stated concerns regarding the 50 mph speed zone with crosswalk and sign and a flashing yellow because that is useless. She stated that a Mesa View student was struck by a mini -van recently and fortunately he was not seriously hurt. She stated in attendance with her this evening are many students who use the crosswalks. She requested a crossing guard and a three way stop sign, or a pedestrian activated light as this is a thoroughfare to Huntington Central Park as well as for students. Ms. Rannow presented a petition signed by approximately 800 persons requesting to have the 50 mph speed zone reduced on Edwards Street between Inlet Drive and Slater Avenue and a stop sign or a light at the cross walk that will turn red when activated. She spoke regarding streets in the city which have lower speed limits and also have crossing guards to ensure safety for their children. Councilmember Dettloff requested that Tom Brouhard, Interim Transportation Manager, Public Works Department, address the City Council. Mr. Brouhard stated that he has been working with the neighborhood for several months and it is planned to take this matter to the Public Works Commission at its next meeting. He spoke further regarding the matter. He spoke regarding the Police Department review of the crossing guard request and the Public Works Department review of the sign and signal request. The City Attorney stated that if Council believes that a temporary uniform speed limit is warranted that Council can move to take action to put the item on the agenda, and take action at this meeting. 698 09/07/99 - Council/Agency Minutes- Page 5 MOTION REGARDING THE NEED TO TAKE EMERGENCY ACTION ON AN ITEM WHICH AROSE SUBSEQUENT TO THE POSTING OF THE AGENDA - APPROVED A motion was made by Bauer, second Dettloff regarding making a determination that the need to take action on the issue of the speed limit on Edwards Street arose subsequent to the agenda being posted as specified in the Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan, (Garofalo absent from the room) NOES: None ABSENT: None Temporary Reduction of Speed Limit — Edwards Street Between Inlet Drive and Slater Avenue A motion was made by Green, second Dettloff that a temporary reduction of speed limit on Edwards Street of 40 mph between Inlet Drive and Slater Avenue be enforced. The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan, (Garofalo absent from the room) NOES: None ABSENT: None DAVID PRYOR spoke regarding Edwards Street pedestrian crossing especially at El Cortijo Drive. He related the history of the changes occurring on Edwards Street. Mr. Pryor recommended that the traffic engineers take a closer look at the situation and put in some other closer defenses, including a push button red to offer greater protection for the school children and community because this is a 24 hour 7 day per week cross sign and people are out there frequently, day and night; especially needed for our schoolchildren. He stated that the nearby signal at Talbert Avenue has received flashing red fights on cantilevered signals nearby just to let the people north bound know that there is an intersection coming, and then there is a red signal light that everybody can see. He stated that for the pedestrians a little more protection can be built in, along with Council's vote just now on the speed limit. RUTH SIEGRIST spoke regarding the importance of the children's library services as it relates to the upcoming city budget approval. JEFFREY ODERMAN, Attorney at Law, addressed Council regarding the agenda item -relative to the approval as to form as the Ocean View Promenade Lease between Abdeimuti Development Company and Paige Communications, Inc. He stated he had not been informed of the matter in time to send a letter at an earlier time. He presented his objections to the staff recommendation of denial of lease. LARRY NEUMEISTER spoke in opposition to hiring a consultant for professional public information and community outreach consulting services for the infrastructure improvement program, scheduled for Council approval later in the meeting. JAMES LANE spoke in opposition to the proposed amendment to the Huntington Beach Redevelopment Plan and the eminent domain authority for residential properties and portions of the Main Pier Project sub -area. He informed Council that if this ordinance is adopted the 699 Page 6 - Council/Agency Minutes—09107199 property owners plan to have a referendum. He stated that he believes the agreement with CIM Properties is an outrageous give -a -way. RALPH PECK spoke in opposition to the proposed amendment to the Huntington Beach Redevelopment Plan and the eminent domain authority for residential properties and portions of the Main Pier Project sub -area. He stated that tax dollars should be spent were needed. DAVID CASTENHOLZ, Project Area Committee Member, stated reasons why he believes this is a fraudulent scheme to take property from owners and give it to developers. He stated that this eminent domain plan violates at least three portions of the Constitution dealing with property rights. Mr. Castenholz asked Council to reject this amendment as it sets a dangerous precedent and is unnecessary. ALICE PARNAKIAN stated that her properties are in the way of the Walnut Avenue realignment. She requested that blight not be cited as the reason for eminent domain. She stated her belief that it is because the city wants the property owners property. LOUISE FIORILLO spoke regarding the property her family owns in the area under proposed eminent domain. She stated that the Economic Development Department has stated there is no project, yet her family's property is wanted by the city. She spoke regarding the referendum which the property owners will initiate_ DORCAS TOKES spoke regarding the invocation given earlier in the meeting_ She stated that she believes the City Council resembles countries that have totalitarianism. RUBEN VANIAN spoke regarding the proceedings of the August 16, 1999 Council meeting. He stated his disagreement with portions of the staff report including whether the new architectural styles will promote the type of community desired. WAYNE REINERT questioned why affordable housing is to be taken down because of eminent domain. He stated at the August 16, 1999 meeting he saw only one or two people in favor of eminent domain and many opposed. He spoke regarding the need for affordable housing. DIANE LENNING stated that she liked much of the development that has replaced the oil fields; however, she does not like the projects which have removed the Golden Bear, Memorial Hall, and Carnegie Library. She spoke in opposition to eminent domain. MICHAEL GLEZOS spoke in opposition to eminent domain, stating that he resided in the eminent domain area. He spoke of his feelings relating to eminent domain. - CHUCK SCHEID spoke regarding his opposition to the decision made at the last meeting regarding the establishment of the tax rate. GEORGE ARNOLD informed Council that he does not believe Council is listening to the community. JAMES SCOTT spoke in opposition to eminent domain. He stated the need for a referendum and a recall. SHARON MC GINN informed Council that she resides in the eminent domain area and that she has looked at the area under eminent domain, she recommended that the development occur at 700 09/07/99 - Council/Agency Minutes- Page 7 First Street and Pacific Coast Highway and that Council then make a decision on the other areas. She suggested the areas which she believes need to be repainted or cleaned. AGENDA ITEMS DEFERRED FROM AUGUST 16, 1999 CITY COUNCIL REDEVELOPMENT AGENCY MEETING (CITY COUNCIUREDEVELOPMENT AGENCY) DISAPPROVED LEASE BETWEEN ABDELMUTI DEVELOPMENT CO. & PAIGE COMMUNICATIONS CORP. (OCEANVIEW PROMENADE) SUITES 3G & 3H — MAIN -PIER REDEVELOPMENT PROJECT SUBAREA (600.30) Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: Communication from Jeffrey M. Oderman, Attorney at Law, of Rutan & Tucker, LLP, on behalf of Abdelmuti Development Company, Inc. dated August 16, 1999 and updated to reflect a September 7, 1999 date, titled Re: Ocean View Promenade; Approval of Lease Between Abdelmuti Development Company and Paige Communications, Inc. The City Council considered a communication from the Economic Development Director transmitting a proposed lease between Abdelmuti Development Company and Paige Communications Corporation for City Council "Approval as to Form". This item had been continued from the August 16, 1999 Council meeting for further staff report. Said report dated August 20, 1999 from the Economic Development Director is included in the agenda packet. Economic Development Director Biggs presented a staff report. He reported on the reasons for staffs' disagreement with a portion of Mr. Oderman's letter. Discussion was held between Mayor Pro Tern Garofalo and Economic Development Director Biggs regarding Mr. Oderman's communication and a staff report, including the reasons why the revised staff recommendation had been made. Murray Kane, Special Agency Counsel, responded to Mayor Pro Tern Garofalo regarding the issues relating to the lease provisions. Further discussion was held between Mayor Pro Tem Garofalo and Economic Development Director Biggs. A motion was made by Harman, second Bauer to disapprove the proposed lease between Abdelmuti Development Company and Paige Communications Corporation regarding suites 3G and 3H in the Oceanview Promenade due to the business terms not being reasonable since the proposed rents are below a fair -market rent of $1.65/sq, ft./month. The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: Garofalo ABSENT: None (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-58 — APPROVAL TO DESTROY CITY ATTORNEY'S RECORDS (170.50) The City Council considered proposed Resolution No. 99-58 submitted by the City Attorney's Office, which requested Council approval to destroy records in the City Attorney's Office. Councilmember Sullivan informed Council he had met with the City Attorney and his concerns were answered. 701 Page 8 - Council/Agency Minutes—09/07/99 A motion was made by Sullivan, second Garofalo to adopt Resolution No. 99-58 granting authorization to destroy the records listed in Exhibit "A" — "A Resolution of the City Council of the City of Huntington Beach Authorizing Destruction of Certain City Records." The motion carried by unanimous roll call vote: Update on Status of Police Officer Shot in the Line of Duty Captain Arnold presented an update on the police officer that was shot in the line of duty at a business establishment in the city. He spoke regarding the valor displayed by the police officer in protecting the persons present in the establishment. Review and Update on Recent Beach Closures Fire Chief Dolder presented a review and update on the recent beach closures. He reported that the beaches are not declared open for swimming unless determined safe to be open. He reported at length regarding many aspects of the closure. City Administrator Silver, at the request of Mayor Green, reported on a meeting scheduled with Supervisor James Silva and representatives of other agencies. Councilmember Dettloff thanked the City Administrator, Fire Chief, Public Works Director, lifeguards, Public Information Officer Rich Barnard, and Community Services Director Ron Hagan for their work. She stated there has been coordination between federal, state, county and city agencies to resolve the issue. Councilmember Dettloff reported that in her capacity as a Coastal Commissioner, she had put this situation before the Commission. Councilmember Dettloff stated that the health of the citizens is the most important aspect and that even though the standards are strict, they are necessary. Mayor Pro Tem Garofalo reported that he plans to bring an emergency item before Council at this meeting to request the state legislature to calendar a formal public hearing in the City of Huntington Beach on Assembly Bill 411 which relates to this issue. In response to Mayor Pro Tern Garofalo, Fire Chief Dolder spoke regarding urban run-off. He clarified the definition of urban run-off, stating what residents put down the drain such as dog feces, and other contaminants gets to the ocean. Fire Chief Dolder stated that California is the only state that enforces the strict standards set the Environmental Protection Agency. 702 031071913- Council/Agency Minutes- Page 9 (CITY COUNCIL) PUBLIC HEARING TO CONSIDER APPROVAL OF LIBRARY DEVELOPMENT FEE INCREASE -- ADOPTED RESOLUTION NO. 99-60 (340.20) Mayor Green announced this was the time for a public hearing for the purpose of considering an amendment to the Library Development Fee. The fee is currently imposed on building permits for all new residential, commercial and industrial development. The proceeds are used exclusively for library facilities and related capital improvements. The purpose of the amendment is to increase the Fee as follows: Development Type Proposed Fee Per Square Foot Current Fee Per Square Foot Residential 440 250 Office 9¢ 3¢ Retail/Service 40 30 Light Industrial 9¢ 3o Heavy Industrial 50 3¢ Warehouse 0 0 Legal notice as provided to the City Clerk's Office by staff had been published and posted. Councilmember Dettloff presented reasons why she believed the Council should not continue this item as requested by the Building Industry Association -Orange County Chapter. She commented on the communication, which had been received from the Building Industry Association — Orange County Chapter. Mayor Green declared the public hearing open. Earlier in the meeting, the City Clerk had announced that the following late communications on this item had been provided to the City Council- (1) Communication from Building Industry Association/Orange County Chapter, dated September 7, 1999 titled Subject September 7, 1999 City Council Agenda - Item D-1: Library Development Fee Increase - Request for Continuance; (2) Slide show presentation from the Director of Library Services dated September 7, 1999 titled Library Development Fee. A motion was made by Garofalo, second Green to continue the public hearing open to October 4, 1999. The motion failed by the following roll call vote: AYES: Julien, Garofalo, Green NOES: Bauer, Dettloff, Harman, Sullivan ABSENT: None Library Services Director Hayden presented a staff report using slides. Discussion was held regarding the fee proposed in the staff report differing from that which had been advertised in the legal publication in the newspaper. City Clerk Brockway clarified that the fees in the legal notice provided to the City Clerk's Office are the fees that were published in the legal notice in the newspaper. She informed Council that the City Council agenda reflects the fees as published. City Attorney Hutton stated that it is permissible for the City Council to adopt a fee lower than the fee that was published in the legal publication. 703 Page 10 - Council/Agency Minutes—09/07/99 Joyce Riddell, representing the Chamber of Commerce, spoke regarding their memberships' concerns. She stated that it had taken a long time to get a committee together on this matter due to vacations of members, 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. A motion was made by Harman, second Sullivan to adopt the following recommended action: Adopt Resolution No. 99-60 - "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 96-71 Regarding the Library Development Fee" - increasing the Library Development Fees as follows: Increase residential fees from $0.25 per square foot to $0.44 per square foot; and business fees from $0.03 per square foot to $0.04 per square foot for office space, $0.04 for retail/service space, $0.04 for light industrial space, and $0.04 for heavy industrial space as identified in Resolution No. 96-71. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Dettloff, Harman, Sullivan NOES: Green ABSENT: None (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-56 CERTIFYING SPECIAL ASSESSMENTS AGAINST PROPERTIES WHERE PUBLIC NUISANCES HAVE OCCURRED E359.41E?5749.&0 Mayor Green announced this was the time for a public hearing as required by Government Code Section 38377.5 for the purpose of certifying special assessments against properties where public nuisances have occurred and adopting Resolution No. 99-56 — "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Municipal Code Violations." Legal notice as provided to the City Clerk's Office by staff had been published and posted. City Attorney Hutton presented a staff report. Mayor Green declared the public hearing open, LOUIS HUNGATE stated that he did not believe he had received due process on the assessment levied regarding the parking of his van. He stated he had obeyed state law, -which conflicted with city law. He recommended that Council cancel this hearing until they have studied the subject further. 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. City Attorney Hutton informed Council that Mr. Hungate has the opportunity to appeal to the court. She listed options available to Mr. Hungate. 704 09107199 - CouncillAgency Minutes- Page 11 A motion was made by Sullivan, second Green to adopt Resolution No. 99-56 - "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Municipal Code Violations." The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Garofalo (CITY COUNCIL) PUBLIC HEARING TO CONSIDER AMENDMENT OF COMMUNITY SERVICES FEES FOR 1999/2000 — ADOPTED RESOLUTION NO. 99-63 (340.20) Mayor Green announced this was the time for a public hearing for the purpose of amending the city fee resolution by amending the 1999/2000 fees for the Community Services Department, specifically, increasing the fee for use of the Council Chambers and Senior Center meeting rooms; adding new fees for use of newly renovated portions of the City Gym & Pool; adding a fee for use of the entire Art Center; adding a fee for group participation in recreational swim classes; increasing the fee for special activities such as pier swim, golf tournament, Candy Cane Capers, and the distance derby; increasing the fee for the adult sports; increasing the fee for participation in the Junior Lifeguard Program with a beach parking pass; deleting rental of the east and west lobby areas of the Senior Center; amending holiday use of facilities; deleting lights and cleaning deposit with rental of Huntington Central Park amphitheater; deleting special activity of disc golf; and deleting specific event fees for Pier Plaza amphitheater rental, street performer permits; and use of city beach parking. Legal notice as provided to the City Clerk's Office by staff had been published and posted. Community Services Director Hagan presented a staff report. Mayor Green declared the public hearing open. Jeff Lebow, Vice President of the Citizens Participation Advisory Board, requested information as to the cost which will be proposed by staff to swim in the city gym and pool with use of a locker. Community Services Director Hagan stated that this issue was not an agenda item at this time. He reported on the fees under consideration at this hearing and referred to a document regarding the proposed fees. Mr. Lebow stated that it must be remembered that the funds to renovate the city gym and pool are redevelopment funds that are to be used to benefit those persons with low incomes. He expressed his hope that a procedure will be developed for Council to waive the fee for persons with low income. There being no persons present to speak further on the matter and there being no further protests filed, with written or oral, the hearing was closed by the Mayor. A motion was made by Garofalo, second Green to adopt Resolution No. 99-63 amending the City's Fee Resolution pertaining to Community Services Department fees for 1999/2000 — "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 5159, as Amended, Relating to the Community Services Department Fee Schedule (Supplemental Fee Resolution No. 71)." 705 Page 12 - Council/Agency Minutes—09107199 Community Services Director Hagan responded to Councilmember Harman that the proposed $3,000 fee for the rental of the whole art center building is the market rate. He informed Council that insurance and deposits are required for use of this building. The motion made by Garofalo, second Green carried by unanimous roll call vote. (CITY COUNCIL) PUBLIC HEARING TO CONSIDER ADOPTION OF THE CITY BUDGET FOR FISCAL YEARS 1999/2000 AND 2000/2001 - PUBLIC HEARING CONTINUED OPEN TO SEPTEMBER 20, 1999 (320.20) Mayor Green announced this was the time for a public hearing for the purpose of considering and approving the City budget for Fiscal Years 1999100 and 2000/01. The proposed budget for FY 1999100 totals $241,181,786 including General Fund Expenditures of $114,110,290. The proposed budget for FY 2000/01 totals $233,160,825 including General Fund Expenditures of $117,958,735. City Administrator Silver presented a staff report using slides. The slide report titled Preliminary Budget Fiscal Year 1999/2000 - 2000/2001 Overview, which was announced earlier in the meeting during the City Clerk's announcement of late communications. Following brief discussion, a motion was made by Garofalo, second Sullivan to open the public hearing and continue the public hearing open to September 20, 1999; and return with items listed on Page D-4.2 of the Request for Council Action dated September 7, 1999 which include Western Orange County Cities Light Rail Study, Civic Center Painting Project, Community Services budget, FireMed budget, augmenting the FY 1999/2000 Emerald Cove budget, increase the Library budget by $36,900 to fund one Library Clerk Senior (Storyteller), and increase the City Council budget by $24,814 in FY 1999/2000; further to instruct staff to prepare a resolution for budget adoption for presentation to Council on September 20, 1999. The motion carried unanimously. CONSENT CALENDAR - ITEMS DEFERRED TO SEPTEMBER 20, 1999 Council by unanimous consensus (Mayor Pro Tem Garofalo absent) removed the following items from the Consent Calendar for separate discussion: (1) Traffic Signal Master System Upgrade; (2) Emergency Vehicle Pre-Emption (EVPE) Detection Installation at Five Signalized Intersections in Huntington Beach — Plans & Specifications & Sample Contract -- CC-1108; (3) Funding for Extension of Pier Plaza Presents Entertainment — Budget Amendment; (4) Budget Amendment for the 1999 Fourth of July Celebration; (5) Request for Proposals (RFP) for - Professional Public Information & Community Outreach Consulting Services for the Infrastructure Improvement Program CONSENT CALENDAR - ITEMS APPROVED On motion by Harman, second Green 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 706 09/07/99 - Council/Agency Minutes- Page 13 (CITY COUNCILIREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of July 19, 1999 and August 2, 1999 and the adjourned regular meeting of August 9, 1999 as written and on file in the Office of the City Clerk (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-63 — APPROVAL TO DESTROY RECORDS IN THE CITY ATTORNEY'S OFFICE (170.50) — Adopted Resolution No. 99-63 -- granting authorization to destroy records listed in Exhibit "A" —'A Resolution of the City Council of the City of Huntington Beach Authorizing Destruction of Certain City Records." (CITY COUNCIL) APPROVED 1998199 ANNUAL REPORT — HUNTINGTON BEACH AUTO DEALER BUSINESS IMPROVEMENT DISTRICT — ADOPTED RESOLUTION OF INTENTION NO. 99-62 TO LEVY AN ANNUAL ASSESSMENT — PUBLIC HEARING SCHEDULED FOR SEPTEMBER 20, 1999 (460.30) — 1. Approved the Huntington Beach Auto Dealers Business Improvement District Annual Report for FY 1998/99. 2. Adopted City Council Resolution No. 99-62 — "A Resolution of the City of Huntington Beach Declaring its Intention to Levy an Annual Assessment for Fiscal Year 1999/2000 to Fund Improvements Within the Huntington Beach Auto Dealers Business Improvement District." 3. Directed the City Clerk to schedule a public hearing to be held on September 20, 1999, and send copies of the Resolution, BID Boundary Map, and assessment formula to each business to be assessed. (Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: Communication from the Economic Development Director received September 7, 1999, titled Huntington Beach Automobile Dealers, informing of the change of dealership name from Gary Turner, Beach Motors Oldsmobile Mazda to Craig Shear, Huntington Beach Nissan.) (CITY COUNCIL) — ADOPTED RESOLUTION NO. 99-61 -- ESTABLISHES TAX PROCEEDS APPROPRIATION LIMIT (340.90) —Adopted an appropriation limit of $322,136,904 for the fiscal year 1999/2000 — `A Resolution of the City of Huntington Beach Establishing the Appropriation Limit for Fiscal Year 199912000." (CITY COUNCIL) APPROVED CONSULTANT SELECTION FOR SHIELDS STORM DRAIN PUMP STATION IMPROVEMENTS — CC-584 —APPROVED PROFESSIONAL SERVICES CONTRACT WITH JOHN TETTEMER & ASSOCIATES, INC. (600.60) —1. Approved $206,008 for the preparation of improvement plans, specifications; and 2. Approved the selection of John M. Tettemer & Associates, Inc., to prepare the improvement plans, specifications for the Shields Storm Drain Pump Station; CC-584; and 3. Approved Professional Services Contract Between The City And John M. Tettemer & Associates for Shields Storm Drain Pump Station and authorized the Director of Public Works to expend $232,608 to cover contract costs of $206,008, potential change orders of $20,600, and supplemental expenditures of $6,000. (CITY COUNCIL) APPROVED JOINT TRAINING PARTNERSHIP ACT (JTPA) AGREEMENT WITH COUNTY OF ORANGE — ACCEPTANCE OF STATE GRANT FUNDS REIMBURSING CITY RELATIVE TO EMPLOYMENT OF FIREFIGHTER PARAMEDICS FROM THE CLOSED EL TORO & TUSTIN MARINE. CORPS AIR STATIONS (600.25) — Approved and authorized the Mayor and City Clerk to execute the JTPA Agreement with the County of Orange to accept grant funds in the amount of $16,962.95 707 Page 14 - Council/Agency Minutes—09107199 (CITY COUNCIL) AWARDED BID TO SULLY MILLER, INC. FOR ARTERIAL HIGHWAY REHABILITATION PROJECT — CC-1110 — APPROVED CONSTRUCTION CONTRACT — WARNER AVENUE FROM NEWLAND TO MAGNOLIA STREETS & BROOKHURST STREET FROM ADAMS AVENUE TO 900' SOUTH OF ADAMS AVENUE (600.50) — 1. Approved the low responsive/responsible bid submitted by Sully -Miller, Inc., for the Arterial Highway Rehabilitation Project; and 2. Authorized the Mayor and City Clerk to execute an appropriate construction contract in the amount of $696,000; and 3. Authorized the Director of Public Works to expend a total of $780,000, including the contract amount of $698,000, anticipated construction change orders of $69,840, and supplemental expenditures of $11,760; and 4. Approved the carryover of FY 1998/1999 General Funds in the amount of $720,000 for the Arterial Highway Rehabilitation Project; CC-1109 to FY 199912000. (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-65 — AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPROVE STANDARD ESCROW AGREEMENTS FOR SECURITY DEPOSITS IN LIEU OF 10% RETENTION FUNDS WITHHELD ON CASH CONTRACTS (600.05) — Adopted Resolution No. 99-65 `A Resolution of the City Council of the City of Huntington Beach Authorizing the City's Director of Public Works to Approve Standard Escrow Agreements for Security Deposits in Lieu of Retention Funds Withheld by the City for Public Works Contracts (CITY COUNCIL) APPROVED YOUTH SERVICES MATERIALS GRANT FROM CALIFORNIA STATE LIBRARY FOR PURCHASE OF CHILDREN AND YOUNG ADULT LIBRARY MATERIALS (340.80) —1. Approved the grant of $15,000 and authorized the Library Services Department to spend the funds for Children and Young Adult library materials. 2. Appropriated $15,000 from Account No. R-GH-633 to Account No. E-GH-LS-899-320 for purchase of library materials. (CITY COUNCIL) AUTHORIZED PROCEEDING WITH COASTAL DEVELOPMENT PERMIT ENTITLEMENT PROCESS FOR PUBLIC RESTROOMIPUBLIC SAFETY FACILITY SOUTH OF THE PIER — APPROVED BUDGET AMENDMENT & APPROPRIATION FROM PIER FUND FOR PURKISS-ROSE, RSI ARCHITECTURAL CONSULTANT TO PREPARE DOCUMENTS (320.45) —1. Directed staff to submit the Public RestroomlPublic Safety Facility for entitlements through the Coastal Development process; and 2. Approved an amendment to the current year budget by appropriating $57,200 from the Pier Fund for Purkiss-Rose, RSI, the landscape architectural consultant on contract, to prepare architectural, engineering and entitlements documents for the Public RestroomlPublic Safety Facility. (CITY COUNCIL) ADOPT RESOLUTION NO. 99-64 — TAX REVENUE ANTICIPATION NOTES (TRAN) — FY 199912000 (330.70) —1. Adopted Resolution No. 99-64 — authorizing the issuance of Tax and Revenue Anticipation Notes — 'A Resolution of the City Council of the City of Huntington Beach Providing for the Borrowing of Funds for Fiscal Year 1999-2000 and the Issuance and Sale of 1999-2000 Tax and Revenue Anticipations Notes Thereof." 2. Approved and authorized the City Administrator and City Clerk to execute the attached Notice of Intention and Official Notice of Sale for the Tax and Revenue Anticipation Notes. 708 09/07/99 - Council/Agency Minutes- Page 15 (CITY COUNCIL) APPROVED CITY COUNCIL POSITION ON PENDING STATE LEGISLATION AS RECOMMENDED BY THE CITY COUNCIL INTERGOVERNMENTAL RELATIONS COMMITTEE—AB-1328 (LOWENTHAL) RE: CODE ENFORCEMENT & SUPPORT OF HUNTINGTON BEACH HOSPITAL REQUEST FOR CITY SUPPORT RE: COMMITMENT OF O.C. BOARD OF SUPERVISORS TO DIRECT TOBACCO SETTLEMENT FUNDS TO HEALTH CARE ISSUES (120.70) -- Support AB 1328 (Lowenthal) to establish a Community Code Enforcement Pilot Program to award grants to communities which develop a 3-year code enforcement pilot program. Support: A request from Huntington Beach Hospital to send a letter to the Orange County Board of Supervisors asking that they make a commitment to direct funds from the multi -state tobacco settlement exclusively to health care issues. (CITY COUNCIL) APPROVED CITY OF HUNTINGTON BEACH SENDING LETTER OF SUPPORT TO THE O.C. WATER DISTRICT FOR THE PHASE 2 PROJECT REPORT FOR THE PROPOSED WEST ORANGE COUNTY WELLFIELD PROJECT (1000.80) — Approved and authorized the Mayor to sign the Letter of Support for the Phase 2 Project Report for the West Orange County Welffield Project and forward to the Orange County Water District. (CITY COUNCIL) RECEIVED & APPROVED REQUEST FOR PROPOSALS FOR A MANAGEMENT REVIEW — CITY ATTORNEY'S OFFICE (600.10) —1. Received and approved the Request for Proposal fora Management Review of the CityAttomey's Office dated October 1, 1999 and 2. Authorized the City Administrator to distribute the Request for Proposals and select a firm to conduct a management review of the City Attorney's office. (CITY COUNCIL) ACCEPTED & FILE THE CITY ADMINISTRATOR'S PROPOSAL TO ESTABLISH A MANAGEMENT REVIEW PROGRAM FOR CITY DEPARTMENTS (300.10) -- Accepted and filed the City Administrator's proposal to establish the following Management Review Program for city departments. FY 1999/2000: City Attorney, FY 2001/03: Community Services, FY 2003105: Library Services. (CITY COUNCIUREDEVELOPMENT AGENCY) CONSIDERATION OF 1999 AMENDMENT TO THE HUNTINGTON BEACH REDEVELOPMENT PLAN AND WRITTEN RESPONSES TO WRITTEN OBJECTIONS — TO EXTEND & MODIFY EMINENT DOMAIN AUTHORITY FOR RESIDENTIAL PROPERTIES IN PORTIONS OF THE MAIN -PIER SUB -AREA — APPROVED INTRODUCTION OF ORDINANCE NO. 3436 & APPROVED CERTIFICATE OF CONFORMANCE PROCEDURE -- APPROVED ADOPTION OF RESOLUTION NO. 99-66 ADOPTING WRITTEN RESPONSES TO WRITTEN OBJECTIONS (400.10) Earlier in the meeting, the City Clerk had announced that the following late communications on this item had been provided to the City Council: (1) Slide show presentation from the Economic Development Director dated September 7, 1999 titled 1999 Redevelopment Plan Amendment Past Actions, Current Actions & Future Actions; (2) Communication from the Economic Development Director dated September 7, 1999 titled Subject. Proposed Redevelopment Plan Item F-3/Block 10411051CIM Property Acquisition Update; (3). Communication from Wayne and Joy Reinhart, in opposition to the use of eminent domain in the downtown area. The City Council considered a communication from the Economic Development Director relative to the Joint City Council/Redevelopment Agency public hearing held on the 1999 Amendment to the Redevelopment Plan to Extend and Modify Eminent Domain Authority for Residential Properties in Portions of the Main -Pier Sub -Area. This hearing was closed on August 16, 1999 with action continued to this date. The communication transmitted a City Council proposed 709 Page 16 - Council/Agency Minutes—09107199 resolution, approving responses to written objections to the 1999 amendment received at or prior to the public hearing. After approval of this resolution, the City Council may conduct its first reading of the ordinance approving the 1999 Amendment and the Redevelopment Agency may consider approval of the Certificate of Conformance procedure. A communication dated September 2, 1999 in opposition had been included in the Council packet from Ruben Vanian co-owner of property located at Walnut Avenue and First. Street. City Council Motion A motion was made by Sullivan, second Harman to adopt Resolution No. 99-66 — "A Resolution of the City Council of the City of Huntington Beach Adopting Written Responses to Written Objections to the 1999 Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project." Following a first reading by title, approve introduction of Ordinance No. 3436 — "An Ordinance Amending Ordinance No. 3343 of the City of Huntington Beach and Approving and Adopting an Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to Extend the Use of Eminent Domain for Residential Property in a Limited Portion of the Main -Pier Constituent Area of the Project Area." The motion carried by the following roll call vote: AYES: Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Bauer, Julien, Garofalo Redevelopment Agency Motion A motion was made by Sullivan, second Harman that the Redevelopment Agency approve the application forms and process description creating a Certificate of Conformance. — "A Resolution of the Redevelopment Agency of the City of Huntington Beach Issuing a Certificate of Conformance to the Redevelopment Plan for the Huntington Beach Redevelopment Project." The motion carried by the following roll call vote: AYES: Green, Dettloff, Harman, Sullivan NOES: _ None ABSENT: Bauer, Julien, Garofalo Recess -Reconvene Mayor Green called a recess of Council at 9:45 p.m. The meeting was reconvened at 10:00 p.m. COMMUNICATIONS RELATED TO CREST VIEW BROUGHT FORWARD ON THE AGENDA The following communications placed on the agenda by Councilmembers were brought forward to be considered with the City Clerk's communication on the initiative petition: 710 09/07/99 - Council/Agency Minutes- Page 17 (City Council) Communication Submitted by Councilmember Harman (1) Rezoning Crest View School Site to R-1 (2) Call for Special Election - Issue: Twenty-two thousand registered voters of Huntington Beach have expressed opposition to a Wal-Mart being built on the Crest View School Site. Yesterday, the Developer challenged the legal validity of the voter -sponsored initiative in court. This legal challenge may delay action on the initiative and it might very well be tied up in the courts for many months. I believe this issue should be decided once and for all by a vote of the people. A quick and speedy resolution of this issue would be important to the community as a whole. In order to guarantee that the citizens will have the right to decide the question of whether or not there should be a Wal-Mart built on the Crest View School Site, it is necessary to immediately rezone the property prior to Wal-Mart starting construction of their proposed project. I propose that the property be rezoned R-1 and at the same time a special election be immediately called by the City Council for the purpose of submitting to the voters the question of whether or not a Wal-Mart should be built on the Crest View School Site. The developer and not the citizens should pay the cost of any such election. If the developer refuses to pay for the cost of the election the property should remain R-1. (City Council) Communication Submitted by Council/Agency Mayor Pro Tem Dave Garofalo - Wal-Mart Project - Issue: Congratulations go out to all involved in the recent successful Petition/initiative effort. At least 15,000 people have spoken. Let all the people vote. It's the democratic process. As well, every action has a consequence. The voters and this legislative body need to know all the consequences of all major decisions and the issue of an abandoned school site and its future is certainly a major issue consuming hundreds of staff, Council, and community hours. This is a monumental and important concept important to all the residents. All the residents should know the consequences of citywide decisions; this one at the top of the list of concerns. 1, again, applaud the leadership of the citizens involved in this process. I feel obligated to support them in the pursuit of all the facts surrounding this obviously important event. (City Council) Communication Submitted By Mayor Pro Tern Dave Garofalo Petition/initiative Process — Proposed Added Measure to Special Election Ballot — Issue: Assuming the City Council moves forward with a Special Election as indicated in the recently successful Petitionllnitiafive Process, the opportunity that avails itself to this legislative body is significant. These are only offered examples. None of them are proposed for more than that. The intent is to fairly distribute an effort to secure advisory opinions in several major areas of interest, public health and safety, ongoing environmental concerns and causes, and an attempt to deal with the all-important cultural, informational, and educational aspects of public policy issues. (CITY COUNCIL) CITY CLERK'S CERTIFICATION OF RESULTS TO CITY COUNCIL OF SUFFICIENCY OF INITIATIVE PETITION RE: INITIATIVE TO AMEND ZONING AND GENERAL PLAN DESIGNATION OF CREST VIEW SCHOOL SITE TO PROHIBIT COMMERCIAL DEVELOPMENT AND PERMIT RESIDENTIAL USES ONLY (WAL-MART PROJECT) — REPORT REQUESTED BY COUNCIL PURSUANT TO ELECTION CODE SECTION 9212 (620,30) Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: Communication from the Planning Director dated September 7, 1999 titled Crest View School Site Estimated SchedulelWal-Mart Construction Milestones. 711 Page 18 - Council/Agency Minutes—09/07/99 The City Council considered a communication from the City Clerk, which transmitted pursuant to State Elections Code Section 9114 the report of Certification of Sufficiency of signatures on initiative petition. The County Registrar of Voters Certificate as to Verification of Signatures on Petition dated September 2, 1999 was transmitted and set forth that the number of registered voters in the City of Huntington Beach as of the February 10, 1999 report of registration to the Secretary of State is 1000,913. Further that said Petition contains 15,445 verified signatures. This amount is not less that 15%, thus meeting the requirement for the order of a special election. The City Clerk referred Council to the City Council agenda, which set forth the actions, which are available for City Council consideration: State Elections Code S. 9114 provides that the City Council shall do either of the following: Introduce the Ordinance, without alteration, at the regular meeting at which it is presented, and adopt the ordinance within ten (10) days after it is presented. Ordinance No. - INITIATIVE TO AMEND ZONING AND GENERAL PLAN DESIGNATION OF CREST VIEW SCHOOL SITE TO PROHIBIT COMMERCIAL DEVELOPMENT AND PERMIT RESIDENTIAL USES ONLY. The People of the City of Huntington Beach do ordain as follows: 1. The Land Use Element of the City's General Plan is hereby amended to change the general plan designation for the 13.89 acre site located on the South side of Talbert Avenue described in City Council Resolution 98-95 from CG-F1 (Commercial General with a maximum floor area ratio of 0.35) to RL-7 (residential with a maximum of 7 dwelling units per net acre). 2. The City's Zoning and Subdivision Ordinance is hereby amended by amending District Map 40 (Sectional District Map 36-5-11) to rezone the property described above from CG (General Commercial) to R-L (Low Density Residential). 3. The above may not be amended except by vote of the people. 4. Should any provision or application of the above be invalidated by a court of law, it shall be severed and have no effect on the remainder of this ordinance. OR (1) Resolution No. 99-67 - Calling Special Election For Tuesday December 7, 1999 "A Resolution of the City Council of the City of Huntington Beach, California, Calling and Giving Notice of the Holding of a Special Municipal Election on Tuesday, December 7, 1999 for the Submission of a Proposed Ordinance. (2) Resolution No. 99-68 - Requesting The Orange County Board Of Supervisors To Render Specified Services To The City Relating To The Special Municipal Election - "A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Orange County Board of Supervisors to Render Specified Services to the City Relating to the Special Municipal Election of Said City to be Held on Tuesday, December 7, 1999. " 712 09/07/99 - Council/Agency Minutes- Page 19 (3) Resolution No. 99-69 - Setting Priorities For Filing a Written Argument Against Proposed Ordinance & Directing City Attorney To Prepare Impartial Analysis - "A Resolution of the City Council of the City of Huntington Beach, California, Setting! Priorities for Written Argument Against a City Measure and Directing the City Attorney to Prepare an impartial Analysis of Said Relative to Special Municipal Election." OR Order a report *pursuant to Elections Code Section 9212 at the regular meeting at which the Ordinance is presented. When the report is presented to the legislative body, the legislative body shall either adopt the Ordinance within 10 days or order an election pursuant to subdivision (b) of Elections code S. 9214. *See attached Election Code S.9212 Report on effect of proposed initiative to legislative body. MIKE GARDNER, representing Wal-Mart stores, stated that Council knows the advantages to the project and cited the budget presentation just made. He stated that Wal-Mart encourages the vote of the people for which 15,000 people have signed the initiative petition. He stated that they have been pursuing permits but they are willing to commit to the City Council that they will not do any construction on the site until the initiative issue is resolved. He stated that they would like to continue with the permitting process but would not start construction until the voters have voted. TRACY PELLMAN, representing the Board of Trustees, Ocean View School District, informed Council of the benefits that 10,000 school children in the district would receive from the Wal- Mart project. MARVIN JOSEPHSON, Crest View United, stated that the initiative petition had been signed by the voters. He requested that more items not be added to the ballot as recommended by Mayor Pro Tern Garofalo in his item on the agenda. He presented recommendations as to what he believes should be the questions on the ballot. DEBBIE JOSEPHSON spoke regarding the neighborhood's five-year effort to preserve the Crest View site from the "big box" project. She spoke regarding the lawsuit filed by Wal-Mart against the initiative. She spoke regarding what she believes is the conflict of the firm of Rutan & Tucker, Attorneys at Law, in this matter. BETTY JONES stated her support of the people in the Crest View area who have worked so hard to preserve their neighborhood and way of life. She stated she is not sure the Council has heard the people. Ms. Jones expressed the opinion that perhaps the people will vote in.favor of Wal-Mart. JERRY JONES stated his opposition to the Wal-Mart project being constructed at the Crest View site. He informed Council he would like the Wal-Mart store at another site. He spoke regarding the meeting he had attended last week when city staff and the neighborhood met on the matter. He stated that Council should listen to people whose lives are so negatively affected. BARBARA BOSKOVICH stated that she wished to enter into the public record the letter she had submitted to the City Council Office last week. The communication is dated September 1, 1999 titled Regarding Re: Crest View. The communication requested that the City Council recognize that the city has a responsibility to review this letter with the City Attomey and the City 713 Page 20 - Council/Agency Minutes—09107199 Council prior to the issuance of any demolition permit and to respond to the Crest View residents concerns in writing. She spoke regarding the conflict of interest that she believes the firm of Rutan & Tucker, Attorneys at Law, has as they are performing work for the city as well as suing the city. She requested the right to vote on the initiative. BOB POLKOW spoke regarding the information session held by staff on this issue. He stated he believes the S.T.O.P. (Save the Open Space and Park Alliance) is against the Ocean View School District. He stated why he believes the procedure of gathering the signatures was deceptive. PAT EVANS stated that she does not believe Council listened to the Planning Commission when they recommended that Wal-Mart not be approved at the Crest View site. She stated that a school is needed at this site and the request of the parochial school to locate at the site has been denied. Ms. Evans informed Council that their children go to Lakeview and that it is a matter of record that it is the worst school in the district. ROBERT CRONK questioned how Rutan & Tucker, Attorneys at Law, can represent the city on issues and also sue the people. He questioned how can the City Attorney defend this action as a'member of her family works for the developer. He questioned why Arnel Development does not cancel the lawsuit and pay for an election. JUDY CURREN questioned what part of quality of life, safety, traffic, pollution, loss of open space does Council not understand. She reported on the signature gathering process. She spoke regarding the "statement" which she believes the collection of the signatures has made. Ms. Curren stated she had originally supported the Wal-Mart project but now does not. CONNIE BOARDMAN stated that if Council fails to adopt the ordinance as set forth in the initiative petition that she would request that Council show their support by adopting the item placed on the agenda by Councilmember Harman. She spoke in opposition to the item placed on the agenda by Mayor Pro Tem Garofalo. MIKE NELSON spoke in opposition to the Wal-Mart project. He stated that he believes there has been a lack of respect for the public and also that the Planning Commission recommendation is ignored. He spoke regarding the safety considerations, stating that the Council did not put sidewalks for the mothers pushing strollers along Talbert Avenue and also that the trucks would be turning into the direction of the mothers pushing strollers. JOYCE RIDDELL stated that the Huntington Beach Chamber of Commerce supports the Wal- Mart project_ She requested that Council do the appropriate thing and hold an election on the matter. JEAN POLKOW stated that the petition did not mention Wal-Mart; that she does not believe the people knew what they were signing. Ms. Polkow stated that the school is dilapidated and will have to be removed. She stated that she feels sorry for the treatment that the staff received at the recent neighborhood meeting. She requested the zoning not be changed. HOWARD SUBNICK stated that the Wal-Mart project will be a "cash cow" and these people do not answer for the people who want the Wal-Mart project. EUGENIA VAN SYCKLE stated her opposition to the statements of speakers who stated that the signature gatherers had misled the signers of the petition. Ms. Van Syckle stated that they 714 09107/99 - Council/Agency Minutes- Page 21 had not lied to the people who had signed the petition. She congratulated the city on the new state-of-the-art school developed at the Holly SeaCliff site. ABIGAIL FRANCIS informed Council regarding what her costume represented. She read an ode to the City Council, which reflected their opposition to the Crest View project. CRAIG CARTER, chairman of S.T.O.P. Alliance, requested that Council adopt the initiative tonight or let the voters do it in a timely manner, prior to construction of the project. He informed Council that S.T.O.P. has filed suit in Orange County to save Crest View and protect the area residents. He handed a document to the City Clerk for the public record. LILLIAN KAWASAKI, S.T.O. P. member, stated that she was glad to hear Wal-Mart's offer. She requested that Amel Development Company drop the lawsuit against the initiative petition. She presented requests relative to Wal-Mart regarding permit process and requesting meetings with the community on an on -going basis. ED LAIRD, Planning Commissioner, spoke in favor of the issue going to an election and presented reasons for his support. He stated that going to the voters is the proper process and requested that Mayor Pro Tem Garofalo's agenda item on this subject be approved. PETER JANTZ spoke on behalf of his wife and himself and requested that the issue go to a vote of the people per Resolution No. 99-67 appearing on the agenda. FRANK DISPARTE stated that he believed the vote of the people is the best way to resolve the issue of the Wal-Mart project. PAM WALKER, representing Oceanview School District Board of Trustees, informed Council that she did not believe negative comments should be made relative to Lakeview School. She stated Lakeview School is an award winning school and is not as indicated by a previous speaker. She spoke regarding the needs of the school district. She informed Council that all of the money will be for improvements of the school. Ms. Walker stated that paid signature gathers were circulating the petition, that she believes the initiative process needs to be played out but that she is not sure the process was a fair representation of the city. In response to Mayor Pro Tem Garofalo, Ms. Walker stated that the lease represents $41,000,000 to the school district and the property will eventually revert to the district. MICHAEL JONES spoke regarding the conflict of interest of the City Attorney relative to this matter. He requested that the Wal-Mart - Crest View site issue be put to a vote of the people. CYNTHIA LIN, representing the California Associates of Wal-Mart, stated that they have made a strong partnership with the community in which they are located. She spoke regarding the benefits that employees derive, including 401 K Plan and dental benefits. She read letters including a letter from the Mayor of Santa Ana in favor of Wal-Mart. TYLER JORDAN spoke in support of placement of the initiative on the ballot. He stated that he believes that it is not a good spot for the Wal-Mart to be located and that there are better locations. DAVID MAC GREGOR stated his support of the Wal-Mart project, as it would help the city's economy including the city's infrastructure needs. 715 Page 22 - Council/Agency Minutes—09/07/99 BRYAN HOUCHEN stated that his.family owns $1,000,000 plus in the block where the Wal- Mart project is planned and the people in the apartments which will use Wal-Mart will benefit. He stated that he has not seen any persons with strollers in that area; that there are not that many pedestrians KATHRYN DAVIS stated that she is a Fountain Valley resident at the corner of Talbert Avenue and Newland Street. She informed Council that she is a member of the church across from the site and her son goes to Courreges School. Ms. Davis stated that she has been one of those people with a stroller walking in that area. She informed Council of the reasons why she does not believe this is the site for a Wal-Mart including the impact of the Chevron trucks, the accidents occurring there and the impact to the intersection. JIM MARTIN spoke regarding the commercial sites that have been eroded in the city. He spoke in favor of the Wal-Mart project and stated that the economic problems need to be fixed. He stated that the Wal-Mart should be built at the Huntington Center Mail. City Clerk Brockway and Deputy City Attorney D'Alessandro responded to questions of the City Councilmembers regarding the proposed election date. Deputy City Attorney D'Alessandro spoke regarding the possible conflict of interest relative to the law firm of Ruttan & Tucker. Planning Director Zelefsky responded to Councilmember Harman relative to whether Wal-Mart could obtain the permits if the election is held but invalidated by the court. Planning Director Zelefsky informed Council of his understanding of the Wal-Mart position; that his understanding is based on a meeting he had attended today with Wal-Mart representatives. Mayor Pro Tern Garofalo presented reasons why he believes a report should be requested as set forth in one of the alternatives presented on the agenda for Council consideration. The items submitted by Mayor Pro Tem Garofalo on the agenda regarding the Wal-Mart project had been moved forward on the agenda to be considered at the same time as the agenda item presented by the City Clerk, Mayor Pro Tem Garofalo referring to his agenda item, stated that he would like to make a motion that Council refer the proposed initiative action to the City Administrator and to request a report be prepared covering the following issues; financial impact report to be presented within 30 days and at that time additional measures be added to the ballot and the election be conducted in March, 2000 and additionally that it is with the understanding that Wal-Mart will not begin construction. - Councilmember Sullivan spoke in opposition to the request for a report as well as in opposition to advisory election matters. Discussion was held regarding how a commitment in the matter from the Wal-Mart Company could be received. Councilmember Harman referring to the item he had placed on the agenda, made a motion to direct staff to take the necessary action to bring to the City Council the required ordinance to rezone the Crest View school site to R-1 and that staff be directed to take action necessary for the City Council to call a special election to determine whether or not a Wal-Mart should be built on the Crest View school site. 716 09/07199 - Council/Agency Minutes- Page 23 Councilmember Harman stated that he believed his agenda item may blend in with the desire of Council and the other speakers. At the request of Council, Mr. Gardner, Wal-Mart representative, stated that he would not take any action in the grading, the demolishment or removal of asbestos; however, he would like to ready the permit process so that they would be ready to go if the election was not held. Deputy City Attorney D'Alessandro stated that the Economic Development Department had informed him that Wal-Mart could structure a tolling agreement on the litigation including assurances about the permit process and that he has talked to officers of Arnel Company who are agreeable. Greg McClelland, Arne[ Retail Group, stated that he would concur with Wal-Mart that they would stipulate with Wal-Mart to not start the construction. Pam Walker, Board Member, Ocean View School District, stated that she would present these issues to her school board. Mr. Gardner, Wal-Mart resprsentative, stated that they would process up to permits being pulled. Mr. Gardner responded to Councilmember Harman's questions regarding their intent relative to the pending lawsuit. Further discussion was held between the City Council and Arnel and Wal-Mart representatives. Additional discussion was held among Councilmembers regarding the election date. Discussion was held regarding the matter of the perceived flaw in the petition. A motion was made by Sullivan to amend Mayor Pro Tem Garofalo's motion that if the initiative is thrown out that the Council will conduct an election up or down as to the Wal-Mart matter. The motion to amend did not receive a second. Mr. Robert Cronk, proponent of the initiative, addressed Council regarding his position on the matter. A motion was made by Garofalo, second Julien, that the City Administrator be directed to prepare a report pursuant to State Elections Code S. 9212; that the report be regarding the impact on the school district, and that it be presented at the October 4, 1999 Council meeting. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Dettloff NOES: Green, Harman, Sullivan ABSENT: None ADMINISTRATIVE ITEMS - Deferred to September 20, 1999 Due to the lateness of the hour the following administrative items were removed from the agenda and deferred to September 20, 1999: 717 Page 24 - Council/Agency Minutes—09107199 City Tree Removal and Replacement Policy - A late communication - slide show presentation from the Public Works Director dated September 7, 1999 titled Tree Removal and Replacement Policy had been provided to Council 1999 Proposed Traffic Signal Installation Priority List & Direct Staff to Study Alternatives to Traffic Signal Installation at Adams/Mervyn'siTarget Driveways & Brookhurst/Targetl Albertson's Driveways - A late communication - slide show presentation from the Public Works director dated September 7, 1999 titled Proposed Traffic Signal Priority List had been provided to Council. ORDINANCES FOR INTRODUCTION DEFERRED TO SEPTEMBER 20, 1999 Due to the lateness of the hour the following ordinances were deferred by Council to September 20, 1999: Introduction of Ordinance No. 3435 Amending the Huntington Beach Municipal Code Pertaining to the Fourth of July Executive Board Introduction of Ordinance No. 3437 to Amend PERS Contract to Provide the Third Level of Survivor Benefits for Local Miscellaneous Members AGENDA ITEMS SUBMITTED BY COUNCIUAGENCY MEMBERS DEFERRED TO SEPTEMBER 20, 1999 Due to the lateness of the hour the following items submitted by various Councilmembers were deferred to September 20, 1999. Coast Community College Commercial Venture Exploration of Methods for Huntington Beach to Gain Direct Representation on the Orange County Transportation Authority Release to the Public the City Attorney's Opinion Concerning the Retirement Tax Override ORDINANCES/AGENCY ITEMS - DEFERRED TO SEPTEMBER 20, 1999 Due to the lateness of the hour the following ordinances and agency items are removed from the agenda and deferred to September 20, 1999: Introduction of Ordinance No. 3435 Amending the Huntington Beach Municipal Code Pertaining to the Fourth of July Executive Board Introduction of Ordinance No. 3437 to Amend PERS Contract to Provide the Third Level of Survivor Benefits for Local Miscellaneous Members (City Council) City/Coast Community College Commercial Venture Exploration of Methods for Huntington Beach to Gain Direct Representation on the Orange County Transportation Authority 718 09/07/99 - Council/Agency Minutes- Page 23 Request for City Council Approval to Release to the Public the City Attorney's Opinion Concerning the Retirement Tax Override REQUEST FOR PERMISSION TO BE ABSENT - COUNCILMEMBER DAVE SULLIVAN - APPROVED (120.40) The City Council considered a communication from Councilmember Dave Sullivan requesting permission to be absent from the City Council meeting of October 4, 1999. On motion by Sullivan, second Green Council approved Councilmember Sullivan's request for permission to be absent from the City Council meeting of October 4, 1999. The motion carried unanimously with Councilmember Julien, Garofalo, and Bauer recorded absent ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT 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 September 20, 1999 at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk eeran� 6�� City Clerk and ex-officio Clerk o e City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor/Chairman 719