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HomeMy WebLinkAbout1999-09-20MINUTES CITY COUNCIUREOEVELOPMENT 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, September 20, 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 — �AKTIAI. 4IM-0"TAk are on file in the Office of the City Clerk. &ALL 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 5:05 p.m. in Room B-S. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Dettloff, (Green, Harman, and Sullivan arrived at 5:06 p.m.) Absent: None (CITY COUNCIUREDEVELOPMENT AGENCY) STUDY SESSION RE: HOLMBYICOVE SOIL REMEDIATION — CORNER OF GARFIELD AVENUE AND GOTHARD STREET (520.20) The City Council received a presentation from Fire Chief Dolder concerning a review of soil contamination remediation proposal in the proposed Holmby Cove Development to be located at the corner of Garfield Avenue and Gothard Street. Discussion was held regarding the proposal for the city park development and related land use impacts resulting from the proposal. Fire Chief Dolder introduced Jim Pugliese representing Chevron Company, Michelle Emerson representing Mc Laren Hart, Don Means representing Chevron Company, Chas Styles representing IT Corp, and Jeff Rulon and Bill Holman representing PLC Land Company. Fire Chief Dolder presented a slide report dated September 20, 1999 #itled Holmby Park Remediation and Closure Strategy. The slide report covered industrial operations, excavation of high -concentration zones, remediation by soil vapor extraction, FID concentrations in soil gas, closure plan, and risk evaluation study. 720 Page 2 - Council/Agency Minutes — 09/20/99 Jim Pugliese, Chevron Company reported on the method of soil extraction and monitoring at the request of Councilmember Bauer. Councilmember Bauer stressed the types of assurances he will require regarding this issue including receipt of federal and state approval. Fire Chief Dolder responded to questions of Mayor Pro Tern Garofalo regarding ownership, and remediation issues. Fire Chief Dolder responded to Councilmember Harman regarding the homes built near to this site. Councilmember Sullivan stated his concerns with liability to the city. Michele Emerson representing Mc Laren Hart, Inc. reported on the work done by her company. Discussion was held between Councilmembers and Fire Chief Dolder regarding various aspects of the subject including the need for the City Attorney's Office to report on the issue including checking with other cities regarding this subject. Senior Planner, Mary Beth Broeren addressed Council regarding the affordable housing aspect. She informed Council that this is not an issue. She spoke regarding the clean pocket of about eight acres located'at the corner of Promenade Parkway Drive and Gothard Street. She reported on the need for PLC Land Company to provide the park. Senior Planner Broeren reported that the development agreement expires in the year 2005; that it provides for a park to be dedicated to the city, she informed Council that if the city does not want to own the park, perhaps Council would want the City Attorney's Office to prepare an amendment to the development agreement. City Administrator Silver requested that Council submit their questions in writing. Councilmember Harman stated that he does not believe that development should occur until there is a park; that he must be assured that the park would be safe for children. MOTION TO RECESS TO CLOSED SESSION A motion was made by Garofalo, second Sullivan, 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, META, 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 William J. Morris v. City of Huntington Beach, - Workers' Comp Case Nos, LBO 0292876 and LBO 0292872; City Claim Nos. COHB-95-0219 and COHB-96-0195. Subject: William J. Morris v. City of Huntington Beach. (120.80) (City Council) Closed Session — City Council pursuant to Governments 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 Hassan v. City, OCSC Case No. 689584, People v. Hassan, OCSC Case No. 689938; Hassan v. City, OCSC Case No. 699903; and Reince v. City, OCSC Case No. 481704. Subject: Hassan v. City, People v. Hassan, Hassan v. City, Reince v. City. (120.80) 721 09/20/99 - Council/Agency Minutes - Page 3 RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING Mayor Green reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:07 p.m. There were not actions taken by the City Council or Redevelopment Agency in closed session to require a reporting on those actions as required by law (Government Code §54957.1(a)(3) (B)). CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony, Pledge of Allegiance, and invocation were led by Girl Scout Brownie Troop -42314, Saint Simon and Jude Catholic School, Huntington Beach, Leader Evelyn Harms, 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. These late communications had been received following distribution of the agenda. Revised agenda Page No. 16 — Adding Agenda Item No. E-24 submitted by Scott Field, Deputy City Attorney, dated September 20, 1999, submitting an RCA titled Approve Agreement for Fox Sohagi for Legal Services Re: Arne] Retail Group, Inc. v. City of Huntington Beach Revised agenda Page No. 17 — Changing Adoption status of Ordinance No. 3426 - regarding eminent domain to Introduction status Memorandum from Councilmember Ralph Bauer dated September 17, 1999 titled Primary Election in March 2000 transmitting the following resolutions for Council consideration: Resolution No, 99-77, Resolution No. 99-78, and Resolution No. 99-79. Memorandum from Councilmember Dave Garofalo dated September 17, 1999 titled Primary Election in March 2000. Facsimile from Robert Polkow dated September 20, 1999 in support of a special municipal election in March, 2000. Report submitted by the City Treasurer titled Treasurer's Report, Shari L. Freidenrich, CPA, CCMT, September 20, 1999. Memorandum from Daryl Smith, Acting Public Works Director, dated September 20, 1999 titled Beach Closure Update with Urban Storm Drain Runoff Control Action Plan. Attachments: Slide presentation titled Beach Closure Update September 1999. Presentation titled Urban Storm Drain Runoff Control Action Plan. 722 Page 4 - Council/Agency Minutes — 09/20/99 Memorandum from Ron Hagan, Community Services Director, dated September 20, 1999 regarding the Percy Dock Extension forHuntingfon Philharmonic Annual Cruise of Lights. Resolution No. 99-73 corrected to read Resolution No. 99-80. Slide presentation from the Economic Development Department titled HB Auto Dealer Business Improvement District (BID), City Council Meeting September 20, 1999 D-2. Slide presentation from Planning Department titled CUP 97-70 Crest ViewlWal-Mart Demolition Permit September 20, 1999. Letter from Michael Gardner, Real Estate Manager, Wal-Mart Stores, Inc., dated September 20, 1999 containing a commitment that they will pull no building permit and will not construct or demolish anything on the Crestview School site prior to an election on the initiative petition. Facsimile from Robert Polkow dated September 20, 1999 in opposition of a moratorium to impede the development of the Crest View School site. Facsimile from Robert Polkow dated September 20, 1999 in opposition of any action by the City Council to expedite placement of the Wal-Mart issue on a ballot prior to the primary election in March. Facsimile from Robert Polkow dated September 20, 1999 in opposition of any action by City Council to send the governor any endorsement of AB-84 (Big Box stores) without full knowledge of how the majority of the city views this bill. PRESENTATION — To Mayor Peter Green and Police Chief, Ron Lowenberg, Captain Ed McErlain, Lieutenant Chuck Thomas and Jan Thomas, Education Specialist, Huntington Beach Police Department by Mr. Henry Eagar, Chairman of the Board, Make -A -Wish Foundation of Orange County. Presentation of the "Telly Video Award." The Huntington Beach Police Department devoted a whole day to "Bob's Wish" granted by the Make -A -Wish Foundation, and a video was made of that day. The video won the "Telly Award" out of 9,000 videos submitted and is to be used as a promotional piece for the Make -A -Wish Foundation. PRESENTATION — Gary Finney, Fire Marshal, received the Mayor's award. Chief Dolder helped Mayor Green present the award to Gary for his dedicated and outstanding 16 years of service in the Fire Department as fire fighter, paramedic, captain and current position of Fire Marshal. Gary announced he was accepting the award on behalf of the whole Fire Department. COUNCILMEMBER DAVE SULLIVAN'S COMMENTS REGARDING PROPOSED ORDINANCE NO. 3436 —AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT TO EXTEND THE USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTIES — MAIN PIER CONSTITUENT AREA — LIMITED PORTION Councilmember Sullivan announced he had reconsidered his position on proposed Ordinance No. 3436 as he believes it had never been the Council's intent to remove anyone from their home. He stated he would like to limit the eminent domain to Block 104 and 105. Councilmember Dettloff concurred not that it had not been Council's intent to remove people from their homes. 723 09/20/99 - Council/Agency Minutes - Page 5 City Administrator Silver reported that the Deputy City Attorney Paul D'Alessandro would report Deputy City Attorney D'Alessandro advised that it is within Council's discretion to reconsider. He spoke further on the subject. PUBLIC COMMENTS CHUCK DOWNING expressed his appreciation to the Police Department on behalf of the community and particularly himself, as it was his child and wife who were saved by Officer Ekovich. He expressed his great appreciation to the salon owner who was able to call 911. Mr. Downing stated that he and his wife would like to be present at any ceremony honoring Officer Ekovich. CHUCK SCHEID addressed Council regarding the establishment of the tax rate that was set a few meetings past. He asked if the City Attorney would provide the information that was stated by Councilmember Sullivan regarding the city's inability to reinstitute the tax rate once lowered. He stated that he does not believe that Council's adoption of the tax rate is legal. .DAMES SMITH spoke regarding the two Coca-Cola machines on the bluff top by 1211, Street. He stated that he is contacting the Coastal Commission regarding this matter. Mr. Smith informed Council that he does not believe it meets code, and referred to a youth who was electrocuted in another state by a lit bus bench_ He informed Council that he could present a petition against the placement of this coke machine on the bluff. BRUCE D'ELISCU spoke in support of the final tract map appearing on the Consent Calendar agenda (Final tract Map No. 15343 HB Hamptons II Partners, LLP — Ellis Goldenwest Specific Plan). He spoke regarding the developer's interest in fund raising efforts for the Junior Lifeguard Program. GERALD QUINDRY thanked Mayor Green and Community Services Director Hagan for the letter responding to his concern regarding the closure of Pacific Coast Highway during the forthcoming marathon race. He presented reasons why he remains concerned regarding the closure. Mr. Quindry's reasons included that it is a private event, will be ongoing for a ten year period and will impact the access of the residents of the condominium complex to their homes. Mr. Quindry stated that he does object to the marathon but to the exclusive use of Pacific Coast:: Highway. He informed Council that he does not believe the city has the authority to legally close Pacific Coast Highway. STEVE GULLAGE representing the Huntington Beach Mobile Home Owners Association, requested that the Council take the Mobile Home Fair Housing Act out of the hands of the stalled sub committee and take immediate and appropriate action on the matter at the Council level. DON MC GEE spoke in opposition to planes carrying banners over the beach -downtown area due to the noise, and the types of messages displayed. He spoke regarding the beach pollution issue. He stated that the health officials and the new pollution legislation should not be blamed for the beach closure. Councilmember Harman requested a brief report from the City Attorney's Office regarding which agencies control the banner flying planes, stating that he concurs with Mr. Mc Gee that the planes do fly low. 724 Page 6 - Council/Agency Minutes — 09/20/99 CORWIN BALES, resident and city employee, described responsibilities of a police officer. He stated that Huntington Beach police officers are the lowest paid in the county and that it was up to the Huntington Beach City Council to make the police department what it once was. JAMES LANE property owner in the eminent domain area and member of Huntington Beach Cares, thanked Councilmember Sullivan for his earlier statement during the meeting regarding his change of opinion on the eminent domain issue. He suggested splitting Block 104 and 105 into two different areas. Mr. Lane spoke regarding the Redevelopment Agency report stating that there is a debt of $89,000,000. He informed Council that if there is an economic downturn this could get the city into trouble. RALPH PECK, property owner in the downtown eminent domain area, stated that his family and tenants are very relieved regarding the proposal to remove his property from the eminent domain area. He stated they are very concerned about the other people in the area whose property remains in the eminent domain area. DIANE LENNING spoke in opposition to the use of eminent domain and presented reasons for her position. She requested that Council not abuse their power and remove people from their homes without a just reason. Ms. Lenning stated that to do so would be a violation of their constitutional rights. DAVID BERARDI requested if the Sergeant -at -Arms could distribute his communication regarding excessive speed and requested any assistance the city can give such as speed control devices. He protested the excessive flow of traffic on Lexington Street as the street is used as a short-cut to avoid congestion on other streets. The area to which Mr. Berardi referred to was the Glen Mar tract. He distributed a map of the tract showing the streets for which he had concern. Police Chief Lowenberg and Public Works Director Beardsley were requested to meet with Mr. Berardi regarding this matter. LEONARD CRANE thanked Council for the bathroom facilities and sports fields. He spoke regarding the Wal-Mart issue. CONNIE BOARDMAN requested that Council schedule a special election on the Crest View -Wal- Mart project. She stated that she supports Councilmember Sullivan's item on the agenda relative to the Crest View -Wal-Mart project election, She requested that this issue not be put off until March, 2000 Primary election. Mr. Boardman stated her support for Assembly Bill 84-Retail Store Projects scheduled later on the City Council agenda. Council Direction Regarding Coke Machine Installation on Bluff Top Mayor Pro Tem Garofalo requested that Community Services Director Hagan check the coke machine installation on the bluffs which subject was referred to during public comments. Ceremony Planned to Honor Police Officer Echovich Mayor Pro Tern Garofalo also informed the audience that Officer Echovich would be honored for his actions as soon as he is well enough to attend the ceremony. 725 09/20199 - Council/Agency Minutes - Page 7 ITEMS DEFERRED FROM SEPTEMBER 7, 1999 CITY COUNCILIREDEVELOPMENT AGENCY MEETING (CITY COUNCIL) APPROVED TRAFFIC SIGNAL MASTER SYSTEM UPGRADE (320.45) The City Council considered a communication from the Director of Public Works recommending approval of the Traffic Signal Master System upgrade. Councilmember Bauer stated he would like a report regarding what type of state-of-the-art equipment can be installed to lighten the traffic impact. He also requested a report on the issue of CalTrans integrating the traffic control devises with the city equipment. A motion was made by Bauer, second Julien to approve the purchase of office and field equipment to upgrade the Traffic Signal Master System. -Discussion was held between Councilmember Harman and Daryl Smith, Acting Public Works Director regarding the subject. Public Works Department staff reported on the equipment that will be purchased. Discussion was held on what can be done to eliminate the bottleneck which occurs on Pacific Coast Highway. Councilmember Sullivan spoke regarding the need for a solution to be found, stating that he believes it is unsafe. The motion made by Bauer, second Julien carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan, (Garofalo absent from the room) NOES: None ABSENT: None (CITY COUNCIL) APPROVED EMERGENCY VEHICLE PRE-EMPTION (EVPE) DETECTION INSTALLATION AT FIVE SIGNALIZED INTERSECTIONS IN HUNTINGTON BEACH — APPROVED PLANS & SPECIFICATIONS & SAMPLE CONTRACT — CC-1108 (600.55) The City Council considered a communication from the Director of Public Works recommending approval of plans and specifications for installation of EVPE detection units and approval of a sample construction contract and purchase and installation of equipment. Councilmember Bauer spoke regarding the function of EVPE. He questioned whether there are other intersections to be covered. Chief Dolder reported on the matter. Councilmember Bauer stated he hopes all the intersections can be installed with EVPE detection equipment soon. 726 Page 8 - Council/Agency Minutes — 09120/99 A motion was made by Bauer, second Green to approve the following recommended actions: 1. Approve the plans and specifications for the installation of EVPE detection units at the intersections of Brookhurst/Garfield, Newland/Garfield, Springdale/Marina High School, Bushard/Yorktown, and BrookhurstlYorktown; and 2. Approve the attached sample construction contract, subject to award of contract to a City Council approved lowest responsible bidder; and 3. Approve the advance purchase of the necessary equipment for signal upgrades and the installation of the EVPE units. The motion carried by the following roll call vote. AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan, (Garofalo absent from the room) NOES: None ABSENT: None (CITY COUNCIL) APPROVED BUDGET AMENDMENT FOR THE 1999 FOURTH OF JULY CELEBRATION (960.30) The City Council considered a communication from the Community Services Director submitting a proposed budget amendment for the 1999 Fourth of July celebration. Councilmember Bauer spoke regarding the reasons why he had requested that this item be deferred. He stated that he had not yet received a report on the budget. A motion was made by Bauer, second Garofalo to approve an amendment to the current year budget by appropriating $27,750 to pay for costs for the 1999 Fourth of July Celebration and increase the current year revenue estimates by $30,000. Councilmember Julien clarified that the parade had made a profit for the first time. Administrator Services Director Reekstin reported. City Administrator Silver stated that if Council wished to put the revenue in an enterprise fund they could direct that this be done at the public hearing on the budget. A vote was not taken on the motion made by Bauer, second Garofalo, as the item was directed to be considered during the budget deliberations to occur later in this meeting. MAYOR GREEN ANNOUNCED CONTINUANCE OF THE FOLLOWING ITEM TO THE COUNCIL MEETING OF OCTOBER 18, 1999: Request for proposals (RFP) for Professional Public Information and Community Outreach Consulting Services for the Infrastructure Improvement Program and Distribution of Request for Proposals 727 09120/99 - Council/Agency Minutes - Page 9 (CITY COUNCIL) — APPROVED CITY TREE REMOVAL AND REPLACEMENT POLICY (100.10) The City Council considered a communication from the Director of Public Works transmitting a City Tree Remo val/Replacement Policy to address the considerable community concern and interest regarding tree removal and replacement, and property damage repairs in city parks, on public property and in the street rights -of -way. Public Works Superintendent Daryl Smith presented a slide report titled Tree Removal and Replacement Policy. A motion was made by Garofalo, second Green, to approve the attached Tree Removal/Replacement Policy as recommended by staff and the Public Works Commission. The motion carried unanimously. ICITY COUNCIL) DEFERRED FROM SEPTEMBER 7, 1999 — APPROVED INTRODUCTION OF ORDINANCE NO. 3435 AS AMENDED — TO AMEND THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO THE FOURTH OF JULY EXECUTIVE BOARD (640.10) The City Council considered a communication dated September 13, 1999 from the Community Services Director transmitting proposed Ordinance No. 3435 pertaining to the Fourth of July Executive Board. Mayor Green inquired as to the reasoning that the Mayor's appointee be the chair and the Mayor Pro Tem's appointee be the vice chair. Discussion was held. Mayor Green presented reasons why he disagreed with this new procedure. Councilmember Dettloff presented reasons why she concurred with the Mayors opinion. Following discussion, a motion was made Garofalo, second Green, to approve introduction of Ordinance No. 3435 as amended to retain the text of Section 2,106.070 as presented in the original ordinance. Councilmember Bauer requested that the need to make the selection of the grand marshal a smoother procedure be addressed. The motion made by Garofalo, second Green to adopt Ordinance No. 3435 as amended - "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 2.106 Thereof Entitled "Fourth of July Executive Board" and specifically delineating responsibilities, duration of terms, meetings, and duties of officers. After the City Clerk read by title, the motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None 4-1 Page 10 - CouncillAgency Minutes — 09/20/99 (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3437 TO AMEND PERS CONTRACT TO PROVIDE THE THIRD LEVEL OF 1959 SURVIVOR BENEFITS FOR LOCAL MISCELLANEOUS MEMBERS (640.10) The City Council considered a communication regarding proposed Ordinance No. 3437 - amendment to the approved contract relative to third level of survivor benefits. A motion was made by Dettloff, second Green to approve introduction of Ordinance No. 3437 "An Ordinance of the City of Huntington Beach Authorizing an Amendment to the Contract Between the City Council and the Board of Administration of the California Public Employee's Retirement System Regarding the Provision of Third Level of 1959 Survivor Benefits for Local Miscellaneous Members". After the City Clerk read by title, the motion carried by the following roll call vote: AYES: Julien; Bauer, Garofalo, Green, Dettloff, Harman, (Sullivan absent from the room) NOES: None ABSENT: None (CITY COUNCIL) DEFERRED FROM SEPTEMBER 7, 1999 - CITYICOAST COMMUNITY COLLEGE COMMERCIAL VENTURE — APPROVED PROPOSAL (460.10) The City Council considered a communication from Councilmember Ralph Bauer regarding the area on Edinger Avenue between and adjacent to Goldenwest Street and Beach Boulevard that is fast becoming an Orange County mecca for home improvement, remodeling, and home furnishings; that the city may at last have realized the "Red Team" concept of a regional marketing niche for Huntington Beach, as envisioned by Mayor Pro Tern Garofalo when he founded the "Red Team". Councilmember Bauer presented reasons why he had placed this item on the Council agenda. A motion was made by Bauer, second Green to approve the following recommended action: Authorize Mayor Peter Green to write a letter to Mr. Armando Ruiz, President of the Coast Community College District Board of Trustees proposing that the city and the college district enter into discussions to develop a commercial venture on the northeast comer of Goldenwest Street and Edinger Avenue. It is further requested that the city develop preliminary numbers on the financial benefit which could accrue to both the college district and the city. Discussion was held regarding the subject including the impact of the current swap meet on traffic and parking in the area, and the lack of sales tax being collected from the swap meet_ The motion grade by Bauer, second Green, carried by unanimously with Julien recorded absent from the room. AYES: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan, (Julien absent from the room) NOES: None ABSENT: None 729 09120/99 - Council/Agency Minutes - Page 11 (CITY COUNCIL) APPROVED REQUEST FOR CITY COUNCIL APPROVAL TO RELEASE TO THE PUBLIC THE CITY ATTORNEYS OPINION CONCERNING THE RETIREMENT TAX OVERRIDE (630,30) The City Council considered a communication from Councilmember Tom Harman stating the City Attorney's provision to the City Council of a written legal opinion concerning the legality of the Retirement Tax Override imposed by the City of Huntington Beach. The opinion dated July 27, 1999, identified as RLS No. 99-336 could not be released to the public without the consent of a majority of the City Council. Members of the public have requested that the written opinion be made available to the public. Councilmember Harman spoke regarding the reasons why he had placed this item on the Council agenda. He stated that it is not a criticism of the City Attorney's Office as it is a proper procedure that the report be conveyed by her office under attorney -client privilege. He reported that the City Attorney had informed him the proper way to release the material to the public is by a vote of the City Council. A motion was made by Harman, second Garofalo, to waive the attorney -client privilege as it relates to the legal opinion concerning the Retirement Tax Override (RLS No. 99-336) and authorize the release of this document to members of the general public. The motion carried by unanimous vote. Announcement of the Death of Don Watson, Retired City Treasurer Mayor Pro Tem Garofalo announced the death of Don Watson, retired City Treasurer. Mayor Green spoke regarding what a fine man Don Watson was and how much he will be missed by the community. Appointment of Additional Member to Orange County Council of Governments. Councilmember Bauer requested the City Administrator to place the subject of the need to appoint another member to the Orange County Council of Governments on the next agenda. Appreciation Expressed to Participants in the Coastal Clean-up Sponsored by the California Coastal Commission. Councilmember Dettloff thanked all members of the public who participated in the coastal clean- up that was sponsored by the California Coastal Commission. She stated that beaches all the way to Eureka were cleaned this week. CITY ADMINISTRATOR'S REPORT — DOWNTOWN SEWER SLIP LINING PROJECT — (SEE RELATED AGENDA ITEM) (600.60.) The City Administrator reported on his communication from the City Administrator regarding the Downtown Sewer Slip Lining Project— CC-1098. His report included the funding method and costs savings. 730 Page 12 - Council/Agency Minutes -- 09/20/99 (CITY COUNCIL) REVIEWED & ACCEPTED CITY TREASURER'S JULY, 1999 INVESTMENT SUMMARY REPORT (310.20) A communication from the City Treasurer transmitting the Monthly Investment Report for July, 1999 had been distributed to Council at the meeting and announced by the City Clerk as a Late Communication. The City Treasurer spoke regarding the assistance that Don Watson, retired City Treasurer had provided to her office when she was first appointed as City Treasurer. She stated how much she will miss him. A motion was made by Garofalo, second Julien, to accept the monthly report. Following review of the report, accept the Monthly Investment Report Summary of Investment Portfolio for July, 1999, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The Motion carried unahimously. (CITY COUNCIL) PUBLIC HEARING CONTINUED OPEN FROM AUGUST 16, 1999 TO CONSIDER ADOPTION OF THE CITY BUDGET 1FOR FISCAL YEARS 1999/2000 AND 2000/2001 —ADOPTED RESOLUTION NO. 99-73 (320.20) Mayor Green announced this was the time for a public hearing continued open from August 16, 1999 for the purpose of considering the city budget for Fiscal Years 1999/00 and 2000/01. The proposed budget for FY 1999/00 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. The complete Preliminary, Two -Year Budget proposal can be reviewed by the public from 8:00 a.m. to 5:00 p.m., Monday through Friday in the City Clerk's Office at City Hall, 2000 Main Street, Huntington Beach. Copies of the proposed budget are also available for public review at the City's Central Library located at 7111 Talbert Avenue (Goldenwest St. and Talbert Ave.), and all branch libraries. Copies of the Preliminary Budget Message and Summaries may be obtained by the public, free of charge, at the aforementioned locations. Earlier in the meeting, the City clerk had announced that the following communications on this item had been provided to the City Council: Memorandum from Daryl Smith, Acting Public Works Director, dated September 20, 1999 titled Beach Closure Update with Urban Storm Drain Runoff Control Action Plan. Attachments: Slide presentation titled Beach Closure Update September 1999. Presentation titled Urban Storm Drain Runoff Control Action Plan. Memorandum from Ron Hagan, Community Services Director, dated September 20, 1999 regarding the Percy Dock Extension for Huntington Philharmonic Annual Cruise of Lights. Acting Public Works Director Daryl Smith and Fire Chief Dolder reviewed the slide report. Dennis MacLain, Acting Water Division Manager, continued the review of the slide report. Discussion was held among Councilmembers and staff regarding the subject including issues relating to sewer outfall. 731 09/20199 - Council/Agency Minutes - Page 13 Councilmember Bauer requested a copy of the graph that measures levels of contaminants. He urged the continuance of staff's work and urged that all efforts be made to obtain assistance from the other agencies, as the problem originated inland. Councilmember Bauer also requested an update on the Ground Water Replenishment Project. City Administrator Silver reported on the item including the $4,000,000 allocation obtained by Senator Ross Johnson. Mayor Green declared the hearing was reopened. CHUCK SCHEID spoke regarding the budget as it pertains to city employee retirement matters. He stated his objections to portions of the employee retirement benefits. TOM RIDLEY thanked the Council and the Community Services Department for their past support of the Huntington Beach Concert Band. He requested that Council approve a $10,000, budget allocation the Huntington Beach Concert Band. 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 Julien, second Green, that the Fourth of July Parade be made an Enterprise Fund and accounted separately and that proposed Resolution No. 99-73 adopting the budget be amended accordingly. Discussion was held regarding the items set forth in the staff report. Further discussion was held and Community Services Director Hagan reported on the item. A motion was made by Harman to include the $10,000 for the Huntington Beach Concert Band. The motion did not receive a second. Discussion was held regarding Council compensation. The City Administrator reported on the cultural art groups use of the library van for transportation and the provision of insurance by these groups. Huntington Beach Concert Band Allocation — Approved. A motion was made by Harman, second Dettloff, to allocate $10,000 for the Huntington Beach Concert Band. The motion carried by unanimous roll call vote. Expenditure For Percy Dock — Approved — To Be Reimbursed by Philharmonic Society. A motion was made by Harman, second Dettloff, to authorize an expenditure of $16,000 for the Percy Dock; $5,000 to be reimbursed from the Huntington Beach Philharmonic Society. The motion carried by unanimous roll call vote. 732 Page 14 - Council/Agency Minutes — 09/20/99 Motion to Delete Increase in Council Budget Dies for Lack of Second. A motion was made by Harman to delete the increase in the Council budget. The motion died for lack of a second. Motion to Adopt Budget - As Amended A motion was made by Garofalo, second Dettloff, to adopt Resolution No. 99-73 as amended to include the expenditure for the Huntington Beach Concert Band, and the Percy Dock expenditure and to establish the 4tn of July Parade budget revenue as an enterprise fund, approving the FY 1999/2000 City Budget and incorporating the "Addendum" to the proposed budget A Resolution of the City Council of the City of Huntington Beach Adopting a Budget for the City for Fiscal Year 1999100" further to instruct the City Administrator to submit the FY 2000/2001 Budget (second year of the two-year budget) to the City Council in August of 2000 -substantially in the -form submitted in the two year budget. The motion carried by the following roll call vote. AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) PUBLIC HEARING — ADOPTED RESOLUTION NO. 99-80 -- ANNUAL ASSESSMENT FOR FISCAL YEAR 1999-2000 TO FUND IMPROVEMENTS WITHIN HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT (460.30) Mayor Green announced this was the time for a public hearing pursuant to Resolution of Intention No. 99-62 adopted on September 7, 1999 to hear all interested persons for or against the continuation of the Huntington Beach Auto Dealers Business Improvement District Assessment and the furnishing of specified types of improvements or activities. Said hearing is for the purpose of hearing all interested persons for or against levying of the assessment, and the furnishing of specified types of improvements or activities. Protests may be made orally or in writing; but, if written, shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. If written protests are received by the owners of businesses within the District, which will pay 50% or more of the total assessments to be levied, no further proceedings to levy the proposed assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activity within the District, those types of improvements or activities shall be eliminated. Fiscal Year 1999/00 dealer assessments are based upon! $4001month, except for October, which is $4,785, for each of the 12 member dealers. The special one-time October assessment will enable the HBADA to pay cash for the new Tri-Vision portion of the electronic reader board sign that shows the logo for each auto dealer. The HBADA is the Board of Directors for the bid and they propose assessments for the bid for City Council review and approval_ The HBADA unanimously approved the 1999/00 bid budget at their July, 1999 meeting. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. 733 09/20/99 - Council/Agency Minutes - Page 15 Economic Development Director Biggs presented a staff report using slides report titled HB Auto Dealer Business Improvement District (BID), City Council Meeting September 20, 1999 D-2 announced earlier in the meeting by the City Clerk during late communications. Mayor Green declared the public hearing open. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Harman, second Dettloff to adopt City Council Resolution No. 99-80. A Resolution of the City of Huntington Beach to approve an assessment for the Huntington Beach Auto Dealers Business Improvement District for 1999-00 — "A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment for Fiscal Year 1999-2000 to Fund Improvements Within the Huntington Beach Auto Dealers Business Improvement District." The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, NOES: None ABSENT: (Garofalo, Sullivan absent from the room.) CITY COUNCIL) PUBLIC HEARING — CONDITIONAL USE PERMIT NO. 97-70 - CREST VIEW SCHOOL (WAL-MART) — APPROVED AS AMENDED TO INCLUDE THE ADDITIONAL SUGGESTED CONDITIONS OF APPROVAL FOR CONDITIONAL -USE PERMIT NO. 97-70 RELATING TO THE DEMOLITION PERMIT FOR CREST VIEW SCHOOLIWAL-MART (420.40) Mayor Green announced that this was the time scheduled for a public hearing to consider the following item: Request: To discuss potential conditions of approval relating to a demolition permit for the Crest View School site as part of Conditional Use Permit No. 97-70, Variance No. 98-18, Tentative Parcel Map No. 97-161, arid Design Review Board No. 97-8. The City Council will not discuss the merits of the previously approved Wal-Mart project and will not alter the previous approval action on the project. Discussion will be limited to demolition of the school site only. However, it should be noted that at the time the applicant presents all of the required information to obtain a demolition permit, the City will be obligated to issue the demolition permit. Therefore, it is possible that a demolition permit may be issued as a ministerial action prior to this public hearing. Location: 18052 Lisa Lane (Crest View School site located on the south side of Talbert Avenue approximately 300 feet east of Beach Boulevard.) Environmental Status: The above item is covered by Environmental impact Report No. 97-1 certified and approved by the City Council of the City of Huntington Beach on December4, 1998. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Assistant City Administrator Fallon reported on the letter from Wal-Mart which is pertinent to this hearing relative to the building permit process. 734 Page 16 - Council/Agency Minutes — 09/20/99 She stated that she will be asking the City Attorney's Office to determine if there is additional language that Wal-Mart should be required to add to this letter. Associate Planner Jane James presented a staff report that included a history of the subject. The fact that the city staff has learned that the city does have jurisdiction relative to conditions for demolition permits was reported upon. She reported on the conditions of approval recommended by staff. Associate Planner Jane James reviewed the conditions of approval. In response to Councilmember Harman's question regarding what type of inspection the Air Quality Management District will perform, Associate Planner James reported that the district will be onsite due to the numerous public inquiries on the matter. She stated that the Southern California Air Quality Management District representatives have stated that normally they consider a large project to be a project such as an airport. Earlier in the meeting the City. Clerk had announced that the following late communications on .this item had been -provided to the City Council: Slide presentation from Planning Department titled CUP 97-70 Crest View/Wal--Mart Demolition Permit September 20, 1999 . Letter from Michael Gardner, Real .Estate Manager, Wal-Mart Stores, Inc., dated September 20, 1999 stating the commitment that they will pull no building permit and will not construct or demolish anything on the Crestview School site prior to an election on the initiative petition. Mayor Green declared the public hearing open. ROBERT CRONK informed Council that Wal-Mart is suing the Arnel Development Company. At the request of Mayor Pro Tern Garofalo the City Clerk read the entire communication from Waf-Mart introduced into the record. Mr. Cronk spoke in opposition to Councilmember Bauer's item placed on the agenda regarding this subject. He referred to Assembly Bill 64 big box stores - and requested Councilmember Dettloff support. BARBARA BOSKOVICH informed Council that it is not Wal-Mart that pull permits, that it is Arnel Development Company that will pull permits. She expressed her belief that unless there is a letterfrom Amel Development Company stating that they will not go ahead until the election, that the letter from Wal-Mart means nothing. She referred to the city budget document that refers to a neighborhood preservation program and questioned if the document applies to their neighborhood. She stated that she believes Councilmember Bauer's item is placed on the agenda to confuse the issue. CRAIG CARTER stated that the one added condition on the Wal-Mart project is not adequate; also that the public was not allowed input on this as they had been informed they would. He spoke in support of a moratorium on the development and on the work that the city staff performs on this project. Mr. Carter stated they were urging Council to hold a special election regardless of the outcome of the legal challenge filed against the initiative petition. LILLIAN KAWASAKI stated that the detailed noise surveys will also ensure that the permits meet conditions and are of quality. She stated that a storm water plan has not been made; that this is not an issue just about Wal-Mart, that each and every one of the city's projects should have safeguards. Ms. Kawasaki stated that this is new information that Council now has and 735 09120199 - Council/Agency Minutes Page 17 that Council should have a moratorium on the demolition permit. She requested that the staff be directed not to spend any more time as this is a speculative project. She stated that a law firm should not be employed to defend the city at the same time Council has told the people to trust that Wal-Mart is not going to pull permits. TRACY PELLMAN, Oceanview School District Board Member, expressed support of the project for the sake of the children. She stated that she was speaking for the children; that the project represents 41 million dollars for the city and 41 million dollars for the school district as well as other money to be derived. Ms. Pellman informed Council that the city of Fountain Valley had requested this project in its city. GAYLE O'CONNOR, stated that Lakeview School is not a distinguished school as had been stated by a speaker at the last Council meeting. She spoke regarding the current ocean pollution and the need for high standards for asbestos removal; also the need to stop three feet of water from accumulating at the Wal-Mart project. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the hearing was closed by the Mayor. Assistant City Administrator Fa lion responded to Mayor Pro Tem Garofalo that the city is changing its standards regarding asbestos removal procedure. Mayor Pro Tem Garofalo questioned if the staff report had been late as had been mentioned by a speaker and the City Clerk and Assistant City Administrator reported. Councilmember Harman presented questions regarding demolition procedures. Building and Safety Director Ross Cranmer reported on the asbestos removal aspect and the demolition aspect of the project. Councilmember Dettloff inquired of the Assistant City Administrator as to a speaker's request for a noise study. Associate Planner Jane James reported on the Huntington Beach Municipal Code provisions on noise. She also reported on the dust control measures. Councilmember Sullivan spoke regarding what he believes has been learned by the city regarding demolition procedures. Mayor Pro Tem Garofalo informed Council that he and a department head had anonymously called another city and had found that Huntington Beach is not at the highest standard in these procedures compared to other communities. A motion was made by Garofalo, second Julien to approve eleven additional Conditions of Approval as recommended and as amended to remove Condition of Approval No. I from the Conditions of Approval for Conditional Use Permit No. 97-70 with Findings and Conditions of Approval as set forth in Attachment No. 1 to the Request for Council Action dated September 20, 1999. The Findings and Condition of Approval are set forth as follows. Modified conditions of approval as set forth on Page No. 32 of the September 20, 1999 Council/Agency Minutes. The motion carried by unanimous vote. 736 Page 18 - Council/Agency Minutes — 09120/99 CONSENT CALENDAR — ITEMS REMOVED FOR SEPARATE DISCUSSION Council by unanimous consensus removed the following items from the Consent Calendar for separate discussion: Minutes Grant Agreement between the City of Huntington Beach and the Huntington Beach Conference and Visitors Bureau, Inc. Assignment and Extension of Lease Agreement with Jack and Jeanette Clapp for Jack's Beach Concession (Dwight's and Jack's, Inc.) Resolution No. 99-70 Requesting Caltrans Approval of Closing Main Street for Downtown Halloween Activities Ten -Year Mutual Agreement with Race Pace Promotions to Host Pacific Shoreline Marathon in Huntington Beach on an Annual Basis — Resolution No, 99-71 (Request to Caltrans for Temporary Closure of PCH) — Resolution No. 99-72 (Temporary Closure of Portions of Goldenwest/Garfield/Edwards/Seapoint/lnlet and Central Park Drive for Pacific Shoreline Marathon Run In Huntington Beach) Agreement with Kenneth M. and Barbara E. Nitzkowski for the City's Buyout of Vic's Beach Concession Lease. Resolution of Intent No. 99-75 to Vacate a Portion of the Alley Bounded by Adams Avenue, Loma Avenue, Park Street and Main Street. CONSENT CALENDAR — ITEMS APPROVED On motion by Garofalo, second Green, 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 Councilmembers Bauer and Sullivan requested that NO votes be recorded on the Consent Calendar item relative to the office space lease between Abdelmuti Development Company and Paige Communications Corporation - Oceanview Promenade. (CITY COUNCIL) APPROVED LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR USE OF EDISON PARK ADJACENT TO EDISON HIGH SCHOOL (600.10) — Approved the License Agreement with Southern California Edison Company to utilize 5.64 acres of property at Edison Park for five years at $200 per acre per year, and authorized the Mayor and City Clerk to execute same. (CITY COUNCIL) ITEM WITHDRAWN RE: STAFI- DIRECTION ON RATES FOR THE MAIN PROMENADE PARKING STRUCTURE (275.10) The item regarding rates and revenue relative the Main Promenade Parking Structure was withdrawn from the agenda. 737 09/20/99 - Council/Agency Minutes - Page 19 (CITY COUNCILIREDEVELOPM ENT AGENCY) ADOPTED AGENCY RESOLUTION NO. 306 — FILING OF ANNUAL STATEMENT WITH COUNTY OF ORANGE AUDITORICONTROLLER TO DOCUMENT REDEVELOPMENT AGENCY DEBT (600.30) — Adopted Agency Resolution No. 306 — "A Resolution of the Redevelopment Agency of the City of Huntington Beach Amending the Agency Debt Pursuant to the Operative Agreement Between the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach for the Huntington Beach Redevelopment Project." (CITY COUNCIL) AUTHORIZED THE AWARD OF CONTRACT TO S. PARKER ENGINEERING, INC. CONSTRUCTION OF IMPROVEMENTS AT HEIL AVENUE AND SAYBROOK LANE; CC-1099 (600.50) —1. Approved the lowest responsive/responsible bid submitted by S. Parker Engineering, Inc. for the Heil Avenue/Saybrook Lane Intersection Project, CC-1099; 2. Authorized the Mayor and City Clerk to execute the construction contract in the amount of $39,030; and 3. Authorized the Director of Public Works to expend a total of .446,830 to cover the contract amount of $39,030, estimated construction contingency of $3,900, and supplemental expenditures of $3,900. (CITY COUNCIL) ACCEPTED BID & AWARDED CONTRACT TO SANCON ENGINEERING II FOR THE DOWNTOWN SEWER REHABILITATION PROJECT — PHASE I; CC-1098 — AUTHORIZED EXECUTION OF CONTRACT UPON EXECUTION OF ORANGE COUNTY SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM AGREEMENT (600.60) — 1. Accepted the bid submitted by Sancon Engineering 11, Huntington Beach, and 2. Authorized the Mayor and City Clerk to execute the contract for the Downtown Sewer Rehabilitation project for a total bid amount of $1,749,685.60, upon execution of the agreement between the City and Orange County Sanitation District for the Cooperative Projects Program that was authorized by City Council on November 16, 1998; and 3. Authorized the Director of Public Worms to expend $1,749,685.60 to cover the contract cost of $903,685.60, estimated construction change orders of $831,000 (see explanation in staff report) , and anticipated supplemental expenses of $15, 000. (CITY COUNCIL) ACCEPTED BID FOR OLD TOWN SEWER PROJECT — PHASE 2; CC- 1096 — AUTHORIZED EXECUTION OF CONTRACT WITH SANCON ENGINEERING II, INC. (600.60) —1. Accepted the bid submitted by Sancon Engineering II, Inc., Huntington Beach; and 2. Authorized the Mayor and City Clerk to execute the contract for the Old Town Sewer Project, for a total bid amount of $54,757.50; and 3. Authorized the Director of Public Works to expend $74,184.75 to cover the contract cost of $54,757.50, estimated construction change orders of $16,427.25 (see explanation in staff report), and anticipated supplemental expenses of $3,000. (CITY COUNCIL) APPROVED WATER SERVICE CONTRACT FOR THE WATER METER BOX REPLACEMENT PROJECT — WSC 014 — BID AWARD TO LEE'S CONSTRUCTION — AUTHORIZED EXECUTION OF CONTRACT (600.75) 1. Approved the low responsivelresponsible bid submitted by Lee's Construction for the Water Meter Box Replacement Project; and 2. Authorized the Mayor and City Clerk to execute an appropriate construction contract in the amount of $23,950; and 3. Authorized the Director of Public Works expend a total of $30,000, including the contract amount of $23,950; and supplemental expenditures of $6,050. 738 Page 20 - Council/Agency Minutes — 09/20/99 (CITY COUNCIL) APPROVED THE RELEASE OF AN RFP (REQUEST FOR PROPOSALS) TO CONDUCT A RAIL FEASIBILITY AND ALIGNMENT STUDY FOR WEST ORANGE COUNTY CITIES (800.45) - Approved the release of the Request for Proposals (RFP) for a Rail Feasibility and Alignment Study for West Orange County Cities (CITY COUNCIL/REDEVELOPMENT AGENCY) AGREEMENT — COMMITMENT OF HOME INVESTMENT PARTNERSHIP FUNDS BETWEEN THE CITY AND THE REDEVELOPMENT AGENCY — PURSUANT TO HUD (HOUSING & URBAN DEVELOPMENT) REGULATIONS (600.30) - Approved and authorized execution by the Mayor and City Clerk and the Agency Chairman and Agency Clerk of the attached operating agreement between the City and the Redevelopment Agency. This agreement commits a minimum of $260,300 in 1999 HOME Investment Partnership Program funds to the Agency to provide affordable housing, per HUD regulations at 24 CFR Part 92. Commitment of Funds Agreement between the City of Huntington Beach and the Huntington Beach Redevelopment Agency. (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-74 AUTHORIZING GRANT APPLICATIONS FOR THE FEDERAL TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) PROGRAM — (BEACH BLVD. MEDIAN LANDSCAPING -- ADAMS TO TALBERT) AND SOUTH BEACH PHASE ONE IMPROVEMENTS (HUNTINGTON STREET TO BEACH BLVD.) (340.70) - 1. Adopted Resolution No. 99-74, authorizing application to the Transportation Enhancement Activities Program under the Federal 1998 Transportation Equity Act for the following two projects: A. Beach Boulevard Median Landscape Enhancements, Adams Avenue to Talbert Avenue; and B. South Beach Phase One Improvements, Huntington Street to Beach Boulevard, And 2. Appointed Robert F. Beardsley, Director of Public Works, as agent for the City to conduct all negotiations and execute all required applications or other documents necessary to acquire the funds (CITY COUNCIL) APPROVED AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT WITH RRM DESIGN GROUP, INC. -- TO EXTEND ARCHITECTURAL DESIGN SERVICES FOR FIRE STATION NO. 8-HEIL RELOCATION (600.10) —1. Approved the amended agreement extending RRM Design Group's professional services to include the scope of work necessary for Fire Station No. 8 - Heil Relocation, environmental entitlement and design development, and authorized execution by the Mayor and City Clerk; and 2. Authorized the Director of Public Works to expend an amount not to exceed $220,000 to cover the amendment amount of $214,573 and supplemental expenditures of $5,427. (CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 15343 OF TENTATIVE TRACT MAP NO. 15343 WITH BONDS AND AGREEMENTS (HB HAMPTONS II PARTNERS, LLP)— ELLIS-GOLDENWEST SPECIFIC PLAN -- NORTH SIDE OF GARFIELD AVENUE, APPROXIMATELY 350 FEET EAST OF EDWARDS STREET -- APPROVE SUBDIVISION AGREEMENT (420.60) 1. Approved Final Tract Map No. 15343 and accept 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. 15343 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15343, 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. 3SM95696500 as Attachment No. 6, b. Labor and Material Bond No. 3SM95696500 as presented in Attachment No. 6, c. Monument Bond No. 3SM95696600 as 739 09120/99 - Council/Agency Minutes - Page 21 presented in Attachment No. 6. 3. Instruct the City Cleric 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); and approve and authorize execution of the Subdivision Agreement, e. Payment of Park and Recreation In -Lieu Fees; f. The City Attorney approves the CC&Rs for the project. (CITY COUNCIL) APPROVED AS TO FORM: AMENDED LEASE BETWEEN ABDELMUTI DEVELOPMENT CO. & PAIGE COMMUNICATIONS CORP. (OCEANVIEW PROMENADE) (600.30) -- Approved as to Form the Attached amended lease First Amendment to Office Space Lease between Abdelmuti Development Company and Paige Communications Corporation representing rent increases to $1.65-sq.ft/month for three years (previously $1.50/$1.60/$1.70). Councilmembers Bauer and Sullivan requested the City Clerk to record their vote as a NO vote on the approval as to form of the Abdelmuti Development Company lease of office space. (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-76 AND AUTHORIZE DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AGREEMENT FOR THE DOWNTOWN SEWER REHABILITATION PROJECT PHASE II — CC-1098 (600.60) -- Authorized the Director of Public Works to negotiate and executed a contract with Sancon Engineering II, Inc., Huntington Beach, for a total amount not to exceed $847,700 — "A Resolution of the City Council of the City of Huntington Beach Appointing Designated Agents for Negotiation and Execution of Agreement With Sancon Engineering 11, Inc., for Downtown Sewer Rehabilitation Project, Phase 1/ (CITY COUNCIL) APPROVED JOHN M. TETTEMER & ASSOCIATE'S PROFESSIONAL LIABILITY INSURANCE WAIVER FOR SHIELDS PUMP STATION DESIGN; CC-584 (600.60) — Approved the insurance waiver as recommended by the Insurance Settlement Committee for services by John M. Tettemer for the Shields Storm Drain Pump Station Design; CC-584. (CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 15470 OF TENTATIVE TRACT MAP NO. 15469, WITH BONDS AND AGREEMENTS (MEADOWLARK) — MEADOWLARK SPECIFIC PLAN 8 — 600' NORTH AND EAST OF INTERSECTION OF BOLSA CHICA STREET & WARNER AVENUE, SOUTH OF HEIL AVENUE — (CATELLUS RESIDENTIAL GROUP (420.60) — Approved Final Tract Map No. 15470 and accepted the offer of dedication, improvements, and bonds pursuant to findings and requirements Attachment No. 1 as follows: Findings for Acceptance of Final Map: Final Tract Map No. 15470 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15469 conditions of approval as approved by the City Council, 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 (National Fire Insurance Company of Hartford) bonds with the City Treasurer. a. Faithful Performance Bond No. 929104326; b. Labor and Material Bond No. 929104326; c. Monument Bond No. 929104327 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 740 Page 22 - Council/Agency Minutes -- 09/20/99 Recreation In -Lieu Fees; f. The City Attorney approves the CC&Rs for the project; g. Submited a revised phasing map to the approval of the Departments of Public Works and Planning; and 2. Approved the Subdivision Agreement between the City and Catellus Residential Group and authorized execution by the Mayor and City Clerk. (CITY COUNCIL) APPROVED AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOX SOHAGI, LLP FOR LEGAL SERVICES RE: ARNEL RETAIL GROUP, INC. V. CITY OF HUNTINGTON BEACH (600.10) — Approved and authorized the Mayor and City Clerk to execute an Agreement Between the City of Huntington Beach and Fox & Sohagi, LLP for Legal Services in Connection with Lawsuit Entitled Arnel Retail Group, Inc., v. City of Huntington Beach, et al. (CITY COUNCILIREDEVELOPMENT AGENCY) MINUTES — DEFERRED TO OCTOBER 4, 1999 The City Council considered approval and adoption of the minutes of the City Council/Redevelopment Agency regular meeting of August 16, 1999. These minutes had been removed from the Consent Calendar at the request of Councilmember Sullivan. Councilmember Sullivan requested that approval of the minutes be deferred until he could meet with the City Clerk regarding two of the motions within the minutes that reflect an incorrect vote. By consensus of Council, approval of the August 16 1999 minutes were continued to the October 4, 1999 Council meeting. (CITY COUNCIL) APPROVED GRANT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH CONFERENCE & INC., (HBCVB) FOR FISCAL, YEARS 1999/2000 AND 2000101 (600.10) The City Council considered a communication from the Economic Development Department transmitting a proposed grant agreement between the city and the Huntington Beach Conference and Visitors Bureau. A motion was made by Green, second Garofalo, to approve and authorize execution by the Mayor and City Clerk that the Grant Agreement Between The City Of Huntington Beach And The Huntington Beach Conference And Visitors Bureau, Inc. (HBCVB) For Public Relations Services for a two-year Agreement for a total of $470,000. The motion carried by unanimous roll call vote. Mayor Green appointed a committee consisting of Bauer, Green, and Garofalo relative to the allocation of the Huntington Beach Conference and Visitors Bureau, Inc. for Fiscal years 1999/2000 to discuss marketing strategies for development activities. (CITY COUNCIL) APPROVED ASSIGNMENT AND EXTENSION OF LEASE AGREEMENT WITH JACK AND JEANETTE CLAPP FOR JACK'S BEACH CONCESSION (DWIGHT'S AND JACK'S, INC.) (600.35) The City Council considered a proposed assignment and extension of lease agreement between the city and Jack and Jeanette Clapp for Jack's Beach Concession - Dwight's and Jack's, Inc. 741 09/20/99 - Council/Agency Minutes - Page 23 A motion was made by Garofalo, second Sauer to continue the proposed assignment and extension of lease agreement with Jack and Jeanette Clapp for Jack's Beach Concession - Dwight's and Jack's, Inc; for further information. The motion failed by the following roll call vote: AYES: Julien, Bauer, Garofalo NOES: Green, Dettloff, Harman, Sullivan ABSENT: None A motion was made by Harman, second Green to approve the assignment an extension of lease agreement with Jack and Jeanette Clapp for Jack's Beach Concession - Dwight's and Jack's, Inc for further information. The motion carried by unanimous vote. (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-70 REQUESTING CALTRANS APPROVAL OF CLOSING MAIN STREET FOR DOWNTOWN HALLOWEEN ACTIVITIES (960.20) The City Council considered proposed Resolution No. 99-70 which request Caltrans approval of closing Main Street for downtown Halloween activities. Discussion was held between the City Council and staff. A motion was made by Dettloff, second Garofalo, to adopt Resolution No. 99-70 - "A Resolution of the City Council of the City of Huntington Beach Authorizing Street Closure for Halloween Activities in the Downtown Area and Requesting Caltrans Approve the Closure of Main Street at Pacific Coast Highway'— for Halloween activities in the downtown area. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) APPROVED TEN-YEAR MUTUAL AGREEMENT WITH RACE PACE PROMOTIONS TO HOST PACIFIC SHORELINE MARATHON IN HUNTINGTON BEACH ON AN ANNUAL BASIS — ADOPTED RESOLUTION NO. 99-71 (REQUEST TO CALTRANS FOR TEMPORARY CLOSURE OF PCH) — ADOPTED RESOLUTION NO. 99-72 (TEMPORARY CLOSURE OF PORTIONS OF GOLDENWEST/GARFIELD/EDWARDS SEAPOINTIINLET & CENTRAL PARK DRIVE FOR PACIFIC SHORELINE MARATHON RUN IN HUNTINGTON BEACH) (600.10) The City Council considered a communication from the Community Services Director recommending approval of a ten year mutual agreement with Race Pace Promotions and adoption of Resolution No. 99-71 and Resolution No. 99-72 all relating to the Pacific Shoreline Marathon Run to be held in Huntington Beach on an annual basis as well as relating temporary closure of Pacific Coast Highway and portions of Goldenwest Street, Garfield Avenue, Edwards Street, Seapoint, Inlet and Central Park Drive. Mayor Pro Tem Garofalo presented reasons why he supported this item, however, he believes more revenue should be provided to the city by the promoters. 742 Page 24 - Council/Agency Minutes — 09/20/99 A motion was made by Garofalo, second Green, to approve a new ten year agreement, with Race Pace Promotions and adoption of Resolution No. 99-71 and Resolution No. 99-72 all relating to the Pacific Shoreline Marathon Run to be held in Huntington Beach, as amended that the Community Services Director Hagan negotiate a change to the ten year agreement to require three per cent of the gross for the first five years; to negotiate this provision with Race Pace and to return to Council. And to repeal Resolution No. 99-1 and to adopt Resolution No. 99-71 for the temporary closure of Pacific Coast Highway as required by Caltrans for the Pacific Shoreline Marathon each year on the Sunday of the last weekend of January; - "A Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway for the Huntington Beach Pacific Shoreline Marathon Run. ", and to repeal Resolution No. 99-2 and adopt Resolution 99-72 for the closure of local streets for the Pacific Shoreline Marathon each year on the Sunday of the last weekend of January. — `A Resolution of the City Council of the City of Huntington Beach for the Temporary Closure of Portions of Goldenwesf Street, Garfield Avenue, Edwards Street, Seapoint, Irdet and Central Park Drive for the Pacific Shoreline Marathon Run." The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: None (CITY COUNCIL) APPROVED AGREEMENT WITH KENNETH AND BARBARA NITZKOWSKI FOR THE CITY'S BUYOUT OF VIC'S BEACH CONCESSION LEASE (600.35) The City Council considered a proposed agreement with Kenneth and Barbara Nitzkowski for the city's buyout of Vids beach concession lease. A motion was made by Garofalo, with a second, to approve and authorize execution by the Mayor and City Clerk of the agreement between the City of Huntington Beach and Kenneth M. Nitzkowski and Barbara E. Nitzkowski for the city's buyout of Vic's beach concession and further that during the design phase of the new facility that the concession portion of the new building be maximized. Community Services Director Hagan reported. The motion made by Garofalo, with a second carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) DENIED ADOPTION OF RESOLUTION OF INTENT NO. 99-75 TO VACATE A PORTION OF THE ALLEY BOUNDED BY ADAMS AVENUE, LOMA AVENUE, PARK STREET AND MAIN STREET (800.50) The City Council considered adoption of Resolution of Intent No. 99-75 —'A Resolution of the City Council of the City of Huntington Beach Declaring Intent to Vacate an Easement for Public Street Purposes Over a Portion of the Alley Located North of Loma Avenue, South of Adams Avenue, East of Main Street and West of Park Street." 743 09/20/99 - Council/Agency Minutes - Page 25 Public Works Deputy City Engineer Dave Webb responded to Councilmember Sullivan regarding the proposed vacation. Councilmember Sullivan stated that he would not be support this resolution. Councilmember Bauer stated he had reviewed this matter and the Fire Department is happy with the access they have. Public Works Deputy City Engineer Dave Webb explained how this resolution came about. He informed Council that if the alley portion is vacated city maintenance would not be needed and taxes would be derived from the person acquiring the property. Also the person in the neighborhood with a motor home would be allowed access by the property owners. A motion was made by Bauer, second Harman to deny adoption Resolution No. 99-75 to vacate a portion of the alley bounded by Adams Avenue, Loma Avenue, Park Street and Main Street. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Harman, Sullivan NOES: Dettloff ABSENT: None (CITY COUNCIL) INTRODUCTION OF ORDINANCE NO. 3436 AS AMENDED — APPROVES & ADOPTS AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT TO EXTEND THE USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY -- MAIN -PIER CONSTITUENT AREA -- (LIMITED PORTION) (400.10) The City Council considered 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 forthe 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." Ordinance No. 3436 was presented for re -introduction due to lack of exhibits being attached to the ordinance during the time of presentation to the City Council at a previous meeting. Councilmember Bauer, Councilmember Julien, and Mayor Pro Tern Garofalo left the Council meeting. Deputy City Attorney D'Alessandro at the request of Councilmember Sullivan reported that the three Councilmembers had left the Council meeting due to their previously stated conflict of interest on the issue. Councilmember Harman requested that Deputy City Attorney D'Alessandro prepare a guideline as to the proper procedure for the City Councilmembers, Planning Commissioners, and staff to state on the record when they may have a conflict of interest. Deputy City Attorney D'Alessandro informed Council that he would prepare this information. Councilmember Sullivan distributed a revised Exhibit A to proposed Ordinance No. 3436. The City Clerk announced that the revised Exhibit A is available now at her desk or at her office the next morning. 744 Page 26 - Council/Agency Minutes — 09/20/99 Deputy City Attorney D'Alessandro responded to Councilmember Harman's questions including how many residential units will remain in the proposed eminent domain area if the ordinance is introduced as amended. Economic Development Director Biggs reported on Councilmember Harman's questions regarding the effect of this proposed revised Exhibit A in the ordinance. A motion was made and duly seconded to approve introduction of Ordinance No. 3436 as amended by the inclusion of the revised Exhibit as presented by Councilmember Dave Sullivan, - "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 ABSTENTIONS: Julien, Barer, Garofalo (CITY COUNCIL) APPROVED APPOINTMENT OF VOTING DELEGATE (MAYOR GREEN) AND ALTERNATE (COUNCILMEMBER BAUER) TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE (150.40) The City Council considered a communication from Mayor Peter Green regarding the need to appoint a voting delegate and alternate for the League of Cities Annual Conference. A motion was made by Garofalo, second Green, to designate Mayor Peter Green as the voting delegate and Councilmember Ralph Bauer as alternate voting delegate to the League of California Cities Annual Conference. The motion carried unanimously. (CITY COUNCIL) APPROVED RECOMMENDATION TO SCHEDULE A SPECIAL ELECTION ON WAL-MART PROJECT QUESTION (CREST VIEW SCHOOL SITE) (620.10) The City Council considered a communication from Councilmember Dave Sullivan submitting the following Statement of Issue: Several members of the City Council have said that they want the Wal-Mart question to be decided by the voters of Huntington Beach. Councilmember Sullivan presented reasons why he had placed this item on the City Council agenda. He spoke regarding the importance of the matter. A motion was made by Sullivan, second Green, to approve the following recommended action: The Huntington Beach City Council agrees to put the Wal-Mart question on the ballot in a special election, even if the Wal-Mart Initiative is successfully challenged. This will assure that the voters of Huntington Beach can decide the issue. The motion carried by unanimous vote. 745 09/20/99 - Council/Agency Minutes - Page 27 (CITY COUNCIL) MOTION FAILED - TO ADOPT A BUILDING MORATORIUM! FOR CREST VIEW SCHOOL SITE (RELATIVE TO WAL-MART INITIATIVE PETITION) (620.10) The City Council considered a communication from Councilmember Dave Sullivan submitting the following: Statement of Issue: If the Wal-Mart Initiative is successfully challenged on a technicality, Wal-Mart could become vested before the voters have a chance to decide this issue at the Ballot Box_ Councilmember Sullivan presented reasons why he had placed this item on the City Council agenda. A motion was made by Sullivan, second Harman, to direct staff to craft a building moratorium for the Crest View School site so the voters will have an opportunity to vote on the Wal-Mart question and that Arne] Development be contacted regarding the Wal-Mart letter (read earlier in the meeting by the. City Clerk) and that Arne] Development be asked to dismiss the law suit with prejudice. Councilmember Dettloff reported that she and Councilmember Julien had requested this letter from Wal-Mart and now issues 'had been raised this evening regarding the fact that Arnel Development is the developer. Councilmember Bauer presented reasons why he believes a moratorium will send the wrong message to developers. Councilmember Harman stated that he believes the best thing would be for Arne] Development to dismiss their lawsuit with prejudice. The motion made by Sullivan, second Harman, failed by the following roll call vote: AYES: Green, Harman, Sullivan NOES: Julien, Bauer, Garofalo, Dettloff ABSENT: None (CITY COUNCIL) MOTION FAILED REGARDING COMMITMENT TO CALL FOR SPECIAL ELECTION ON WAL-MART INITIATIVE PETITION WITHIN 100 DAYS OF RECEIPT OF FISCAL REPORT (620.10) The City Council considered a communication from Councilmember Dave Sullivan submitting the following: Statement of Issue: Almost 16,000 registered voters have signed indicating that they want an opportunity to vote on the Wal-Mart issue. The election code provides that, if petitioners gather a certain percentage of valid signatures, there will be a special election within approximately 100 days. This is a protection so decisions by an elected body, which may not be in agreement with the majority view of the governed, may be quickly overturned. The Crest View petitioners have earned the right to a special election by spending hundreds of hours collecting signatures. Councilmember Sullivan spoke regarding the reasons he had placed this item on the Council agenda. 3 Page 28 - Council/Agency Minutes — 09I20/99 A motion was made by Sullivan, second Harman, that the Huntington Beach City Council commits to calling a special election on Wal-Mart within approximately I00 days of receiving the fiscal report as required by law. The motion failed by the following roll call vote: AYES: Green, Harman, Sullivan NOES: Julien, Bauer, Garofalo, Dettloff ABSENT: None (CITY COUNCIL) STAFF DIRECTED TO ISSUE REPORT TO COUNCIL REGARDING OPERATIONAL COSTS FOR OCEANVIEW I MOBILE HOME PARK (430.60) The City Council considered a communication from Councilmember Dave Sullivan submitting the following: Statement of Issue: The City Council should be aware of the costs involved in the City's operation of the Oceanview I Mobile Home Park. The information is not easily available from an examination or the City Budget. Councilmember Sullivan presented reasons why he had placed this item on the City Council agenda. A motion was made by Sullivan, second Garofalo, to direct staff to issue a report to the City Council by November 20, 1999, detailing the operational costs for the Oceanview I Mobile Home Park, as well as the rental income and the history of rental increases. The motion carried unanimously. (CITY COUNCIL) DENIED SUPPORT OF ASSEMBLY BILL 84 - (RETAIL STORE PROJECTS) The City Council considered a communication from Councilmember Sullivan submitting the following: Statement of Issue: Because grocery sales are non-taxable, grocery sales in big boxes badly damage the city's sales tax revenue, that he believes it is clear that big box food sales intend to put neighborhood grocery stores out of business. This would represent a major inconvenience to our citizens, and could also cause the dislocation of a thousand well -paying jobs. Councilmember Sullivan presented reasons why he had placed this item on the City Council agenda. A motion was made by Sullivan to direct the Mayor to send a letter of support for Assembly Bill 84 from the City Council urging Governor Davis to sign Assembly Bill 84 - (Retail Store Projects). The motion made by Sullivan died for lack of a second. Councilmember Dettloff presented reasons why she opposed Assembly Bill 84. 747 09/20/99 - Council/Agency Minutes - Page 29 (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-77 -- CALLING SPECIAL CITY COUNCIL ELECTION FOR MARCH 7, 2000 — TO BE CONSOLIDATED WITH COUNTYWIDE PRIMARY --ADVISORY VOTE REGARDING SALES TAX INCOME ON CREST VIEW SITE The City Council considered adoption of Resolution No. 99-77 --- "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, March 7, 2000, for the Submission of a Proposed Measure Relating to: ADVISORY VOTE ONLY. Shall 50% of the sales tax income from the YES Crest View site be spent to acquire, develop, improve, maintain sports fields for soccer, football, softball, baseball, and other sports; replace restrooms, bicycle/pedestrian trails, lighting, and showers on city beach; acquire senior center site; develop swim complex, and improve neighborhood parks and tot lots? - NO Councilmember Bauer presented reasons why he had placed this item on the City Council agenda for a special municipal election to be held March 7, 2000. Councilmember Sullivan spoke regarding the wording on the ballot. Councilmember Dettloff presented her opinion on the subject and Mayor Pro Tem Garofalo presented his views. Councilmember Harman spoke regarding what he believes is the unfairness of how the ballot will be presented to the voters. Councilmember Green stated that he believes this is a subterfuge. A motion was made by Bauer, second Garofalo, to adopt Resolution No. 99-77. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Dettloff NOES: Green, Harman, Sullivan ABSENT: None (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-78 — REQUEST TO BOARD OF SUPERVISORS TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION WITH STATEWIDE The City Council considered Resolution 99-78 — "Resolution of the City Council of the City of Huntington Beach, California Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal election to be Held on March 7, 2000 with the StatewidePrimary Election to be Held on the Date Pursuant to Section 10403 of the Elections Code„ 748 Page 30 - Council/Agency Minutes — 09/20/99 A motion was made by Bauer, second Garofalo, to adopt Resolution 99-78. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Dettloff . NOES: Green, Harman, Sullivan ABSENT: None (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-79 — SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND DIRECT IMPARTIAL ANALYSIS.- (FOUR COUNCILMEMBERS AUTHORIZED TO FILE WRITTEN ARGUMENTS - DIRECTED PREPARATION OF IMPARTIAL ANALYSIS The City Council considered Resolution No. 99-79 "A Resolution of the City Council of the City of Huntington Beach, California Setting Priorities for Filing Written Arguments Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis." The City Clerk presented a report regarding proposed Resolution No. 99-79. Discussion was held between the City Clerk and Councilmembers regarding the process for naming members of the City Council authorized to file written arguments thus insuring Council priority. A motion was made by Garofalo, second Dettloff, to adopt Resolution No. 99-79 and name Councilmembers Julien, Bauer, Garofalo, and Dettloff to be authorized to submit the argument in favor of the advisory vote. The motion carried by the following roll call vote. - AYES: Julien, Bauer, Garofalo, Dettloff NOES: Green, Harman, Sullivan ABSENT: None COMMUNICATION SUBMITTED BY MAYOR PRO TEM GAROFALO REGARDING SUBMISSION OF COMMUNITY WIDE ISSUES AT A MARCH 7, 2000 SPECIAL MUNICIPAL ELECTION Mayor Pro Tem Garofalo withdrew his communication which he had placed on the City Council agenda recommending that Council decide on community wide issues that could be presented to the general electorate for advisory votes in the March 7, 2000 election. 749 09/20/99 - Council/Agency Minutes - Page 31 ADJOURNMENT - CITY COUNCILIREDEVELOPMENT 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, October 4, 1999 at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: ero_�_ &W.4� City Clerk/Clerk City Clerk and ex-officio Clerk of t e City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California r Mayor/Chairman 750