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HomeMy WebLinkAbout1999-10-04 (7)MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. — Room B-8 7:00 P.M. — Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, October 4, 1999 A videotape of the 7:00 p.m. portion of this meeting is on file in the Office of the City Clerk. CALL TO ORDER Mayor Green called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Garofalo, Green, Dettloff, (Bauer 5:08 p.m.) (Harman 5:25 p.m.) Absent: Sullivan (CITY COUNCIL) STUDY SESSION -- BOLSA CHICA STEERING COMMITTEE OVERVIEW OF THE BOLSA CHICA WETLANDS RESTORATION PROGRAM (120.25) The City Council received the following late communications on this subject: Slide show presentation from the Bolsa Chica Restoration Steering Committee dated October 4, 1999 titled Bolsa Chica Wetlands Restoration Project. Communication from the Bolsa Chica Steering Committee dated October 4, 1999 submitting the names of the members of the committee and consultants in attendance at this meeting. The Bolsa Chica Steering Committee members in attendance were introduced as follows: Mike McCarthy and Chris Webb, Consultant Firm of Moffatt & Nichol Pam Castens, Army Corps of Engineers Bob Hoffman, U.S. Marine Fisheries Service Melanie Denninger, California Coastal Conservancy Jim Trout, Dwight Sanders, Rick Ludlow, and Mary Bergen, California State Lands Commission. Mike McCarthy representative of the consultant firm of Moffatt and Nichol presented a detailed report on subjects set forth in the slide report. These subjects included Project Background; Memorandum of Agreement -Basis of Design; Coordination Efforts; Alternative Development; Alternative Concepts; Tidal and Flood Hydraulics Modeling; Water Quality Study; Tidal Muting Study; EGGW Flood Control Channel Diversion Study,- Shoreline Morphology Studies. The section of the slide report titled Pacific Coast Highway Bridge (New PCH Bridge) and Bridge Approaches -Construction Detouring for Pacific Coast Highway Bridge and issues related to the Bolsa Chica State Beach - Including The Subjects of New Tidal Inlet Through the Beach Area, New Jetties continuing the Tidal Inlet Channel, Maintenance of Public and Emergency Access 751 Page 2 - Council/Agency Minutes -- 10/04/99 and Modification of Parking and Restroom Facilities Depending On The Alternative Selected were also presented. A slide which included covering Construction Methodology was also included in the slide report. California State Lands Commissioner Mary Bergen reviewed the portion of the slide report on the Environmental Impact Report/Environmental Impact Statement Process_ Mike McCarthy, representing the consultant firm of Mofatt and Nichol, reported on the portion of the slide report outlying the Project Schedule. California State Lands Commissioner Jim Trout responded to Mayor Pro Tem Garofalo regarding various aspects of the subject of the Talbert Marsh and whether it is possible that the pollution could be caused by very old animal waste that has been disturbed from the flooding of the tidal marsh. -Mr. McCarthy responded to Councilmember Dettloff s question regarding trash racks. Mr. Trout responded to Mayor Green regarding a county alternative which the Mayor believes had been approved by the Coastal Commission. Mr. Trout stated that the plan referred to by Mayor Green is called a Co -Equal Plan -with the Concept Plan. Councilmember Harman spoke regarding the flooding of Pacific Coast Highway during the winter and asked if the State Lands Commission is working with CalTrans. Mr. Trout responded. Melanie Denninger, California Coastal Conservancy, reported on the proposed bridges and working together with CalTrans to elevate the rest of the roadway. Ms. Denninger spoke regarding the Work Development Report done by Moffatt and Nichol with CalTrans. She stated that she believes that CalTrans is not promoting widening but elevation. Dave Carlberg questioned when the Environmental Impact Report will be presented. He was informed that 45 days and perhaps an extension to 60 days would be allotted. Mr. Carlberg stated that he believes there has been two fatalities in the last year on Pacific Coast Highway and questioned what plans are being made for public access. California Coastal Conservancy Denninger listed the sources from which they had sought guidance, particularly regarding access. She stated that she believes there may be concern regarding public access from under Pacific Coast Highway due to "attractive nuisance" and also cost. Mayor Green thanked the representatives of the Bolsa Chica Steering Committee for their attendance. MOTION TO ADD CLOSED SESSION ITEM TO AGENDA WHICH AROSE SUBSEQUENT TO POSTING A motion was made by Dettloff, second Harman to add closed session item pursuant to Government Code Section 54954.2(b), and the submission of a potential settlement offer to the Office of the City Attorney on October 4, 1999, the City Council finds that there is a need to take immediate action on the matter of Arnel v. City, OCSC Case No. 813868, and that the need to take action came to the attention of the City Council subsequent to the posting of the agenda. 752 10/04/99 - CouncillAgency Minutes - Page 3 The following communication had been provided to Council in their Late Communication packet: Communication from the City Attorney to the City Council dated October 4, 1999 of a late submission of a potential settlement agreement to the City Attorney's Office, and the necessity to add the matter of Amel v. City to the closed session agenda for City Council action at this meeting. That the matter of Arnel v. City of Huntington Beach, OCSC Case No. 813868, be added to the agenda of tonight's City Council meeting for closed session discussion. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: None ABSENT: Sullivan MOTION TO RECESS TO CLOSED SESSION A motion was made by Harman, second Dettloff to recess to Closed Session the following items: The motion carried by unanimous vote with Sullivan 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, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: MSOA, POA, PMA, MEA, MEO, HBFA and SCLEA. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(b)(3)(B) (Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff of plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. Subject: Cal Compact Landfill Litigation. (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. Federal Insurance Company, et al, U.S. District Court Case No. SACV 99-543AHS (Eex). Subject: City of Huntington Beach v. Federal Insurance Company, et al. (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 PLC, Inc. v. City of Huntington Beach, in re arbitration of the Holly Seacliff Development Agreement. Subject: PLC, Inc. In Re Arbitration of Holly Seacliff Development Agreement v. City of Huntington Beach. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54954.2(b), and the submission of a potential settlement offer to the Office of the City Attorney on October 4, 1999, the City Council finds that there is a need to take immediate action on the matter of Amel v. City, OCSC Case No. 813868. 753 Page 4 - CounciVAgency Minutes — 10/04/99 RECONVENE CITY COUNCIUREDEVELOPM ENT AGENCY MEETING Mayor Green reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:05 p.m. REPORT OF ACTION TAKEN AT CLOSED SESSION Arnel vs. City Agreement Approved Pursuant to Government Code %4957.1(A) (3) (B) Deputy City Attorney Fields reported on action taken by the City Council during Closed Session: Arnel vs. City of Huntington Beach -- agreement approved by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman -NOES: Norte ABSENT: Sullivan Micheal Willett vs. City Deputy City Attorney Fields reported on action taken pursuant to Government Code Section 54957.1 — October 4, 1999, City Council Closed Session — Michael Vvfillett vs. City (120.80) On Monday, May 3, 1999, the City Council convened in closed session to discuss the matter of Michael Willett vs. City of Huntington Beach, Workers Comp Case No. AHM 0069830. City Council approved settlement of admitted workers compensation claim by way of stipulation with Request for Award and award in the amount of $57,502.50 for a 59% permanent disability with future medical care left open. In addition, an alternative proposal is to be offered the claimant of a Compromise and Release in the amount of $65,000 to close out the city's exposure for future medical care. The Council voted as follows: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: None ABSENT: Sullivan Cal Compact Landfill Litigation Deputy City Attorney Fields reported on action taken October 4, 1999 Closed Session - Cal Compact Landfill Litigation --- Council voted to reject the settlement offer as follows: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: None ABSENT Sullivan 754 10/04/99 - Council/Agency Minutes - Page 5 City vs. Federal Insurance Company et al Deputy City Attorney Fields reported on Action Taken — October 4, 1999 Closed Session — City of Huntington Beach v. Federal Insurance Company, et. al. — Council voted to enter into a settlement agreement with Federal insurance Company referring the pending lawsuit to one day arbitration to be paid for by Federal Insurance and limiting damages to no more than $60,871.60. Council voted to enter into settlement agreement by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: None ABSENT: Sullivan ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman Absent: Sullivan FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by the Huntington Beach Police Department Ceremonial Detail. INVOCATION The invocation was offered by Huntington Beach Police Department Chaplain, Pastor Drew Lockerbie, Central Baptist Church, Huntington Beach. PURSUANT TO THE BROWN ACT (OPEN MEETINGS ACT) THE CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA ((1) Late communications submitted by City Councilmembers or City Departments are available to the public at this meeting (2) Late communications submitted by members of the public will be made available to the public at the City Clerks Office the following morning.) 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 the Bolsa Chica Steering Committee dated October 4, 1999 submitting to Council the names of the members of the committee and consultants in attendance tonight. Slide show presentation from the Bolsa Chica Restoration Steering Committee dated October 4, 1999 titled Bolsa Chica Wetlands Restoration Project. Communication from the City Attorney to the City Council dated October 4, 1999 of a late submission of a potential settlement agreement to the City Attorney's Office, and the necessity to add the matter of Amel v. City to the closed session agenda for City Council action at this meeting. 755 Page 6 - Council/Agency Minutes — 10104199 Slide show presentation from the Economic Development Director dated October 4, 1999 titled Zoning Map Amendment No. 99-3. Slide show presentation from the Planning Director dated October 4, 1999 titled Hebrew Academy Appeal. Communication from Karen J. Shenett, Vice President, Carr Towing, Inc., dated October 4, 1999 requesting Council to consider several factors before approving a proposed high school at Willow Lane and Maple Avenue. Slide show presentation from the Economic Development Director dated October 4, 1999 titled Recommended Strategy For Beach Boulevard. Slide show presentation from the Economic Development Director dated October 4, 1999 titled Election Code Section — Election Code Section 9212 Report. Communication from Frank Kurisu, Laura Thom and Mike & Linda Ester dated October 1, 1999 in support of the alley vacation located between Loma Avenue and Adams Avenue on Park Street. Accompanying the letter is a petition signed by 29 neighbors in support of the city vacating this alley. Revised memo from Mayor Pro Tem Garofalo dated October 1, 1999 changing one of the parties names from Crest View United to S.T.O.P. Revised agenda page No. 17 submitted by the City Clerk dated October 1, 1999 of a change from Crest View United to S.T.O.P. PRESENTATION — By Mayor Peter Green and Police Chief, Ron Lowenberg, of a Proclamation to Nicholas Ekovich, Huntington Beach Police Officer, proclaiming October4, 1999, Nicholas Ekovich Day in the City of Huntington Beach. Mayor Green and Police Chief Lowenberg commended Officer Nicholas Ekovich for his valor and devotion to duty he displayed during a recent robbery attempt. Officer Nicholas Ekovich received a standing ovation from ali persons present in the Council Chamber. Officer Ekovich thanked the Police Communications Officer and the owner of the business establishment and the persons in the establishment for their help and courage in preventing a tragedy. He stated by their presence of mind and calmness that they had made it possible that things worked out they way they did. PUBLIC COMMENTS JEANETTE CLAPP addressed Council requesting that its decision of September 20, 1999 not to adopt Resolution of Intent No. 99-75 (to vacate a portion of the alley bounded by Adams Avenue, Loma Avenue, Park Street and Main Street) be upheld. She informed Council that of the ten residents on the block, eight residents do not want the alley blocked. She asked Council to vote against the Resolution of Intent to vacate. BEVERLY BOYD, resident at the comer lot of Main Street and Adams Avenue, stated her opposition to the proposed alley vacation as an entrance to the alley will be lost. 756 10104199 - Council/Agency Minutes - Page 7 Mayor Pro Tem Garofalo stated that he wished to inform the public that the only thing that reconsideration of the Council action not to adopt Resolution of Intent No. 99-75 will do is to set a public hearing date. JOHN BOYD stated that he used the alley bounded by Adams Avenue, Loma Avenue, Park Street and Main Street only when he thought it necessary. He stated that the center alley provides an excellent entry to the neighborhood garages. WAYNE MELQUIST explained that he uses the alley bounded by Adams Avenue, Loma Avenue, Park Street and Main Street for access of his motorhome to an on -site parking space. He stated the alley affords him parking space for the loading and unloading of his motorhome. He explained that without the Park Street alley he will be unable to turn his motorhome; he cannot drive the vehicle out of its parking space and make a 900 turn. He stated that other property owners will lose on -site access. He requested that Council vote not to vacate the alley. ROXANA ROSS addressed Council in support of Agenda Item H-2a (reconsideration of Council approval to not adopt Resolution of Intent No. 99-75-----Intent to vacate an easement —portion of alley bounded by Adams Avenue, Loma Avenue, Park Street and Main Street). She explained that this is a T-shaped alley; that no other street has a T-shaped alley. She stated that blocking off the alley would discourage vandalism and mischievousness and would beautify the neighborhood. BILLY STADE, owner of The Closet in the downtown area, spoke regarding the proposed CIM project, unsuccessful business ventures such as The Block, vacancies in Plaza Almeria, and his opposition to defacing the antiquity of the buildings in the downtown area. He requested that peach colored stucco not be applied to the buildings in the downtown area. He added that parking will be a problem in the downtown area. DALE HOOVER, Crest View United representative, spoke regarding the Crest View initiative and stated that the Wal Mart project needs to be overturned; that 22,000 voters have expressed this opinion. He stated that traffic will be too heavy on Talbert Avenue and turns will be impossible to make. He asked Council to support the holding of an election. DEBBIE JOSEPHSON spoke regarding past statements by Councilmembers expressing the need for parks in the city, support of 15,000 voters who signed the Crest View initiative, and the issue of an election being held in March 2000 instead of in .January. She stated her opinion that the project is not fair. She distributed to Council an advertisement from the city of Paso Robles regarding car sales held in a Wal-Mart parking lot. MARVIN JOSEPHSON referenced the financial analysis of the Crest View site by the Ocean View School District in Agenda Item F-2(a) and asked that the public not be fooled by this report. He asked that the public instead refer to the Orange County Business Report on Big Boxes. He stated that Wal Mart will survive at the expense of other businesses, i.e., there will be a transfer of sales. He noted that more revenue would be derived from the sale of the Crest View site to a private school than from the Wal-Mart project. Mr. Josephson spoke briefly on the subject of eminent domain. 757 Page 8 - Council/Agency Minutes — 10/04/99 PAT EVANS, Crest View United, stated she wished to address the people of Huntington Beach as she felt the Council was not listening. She stated that Wal-Mart will face Talbert Avenue and there is not sufficient room to widen this street_ She urged the residents of the city to vote against the Wal-Mart project. CONNIE BOARDMAN expressed her disappointment with the City Council and stated that the citizens deserve to have an election. She noted that Council has expressed concern for youth sports yet voted against the loss of the open space at the Crest View site. She expressed her confidence that the people will vote Wal-Mart out. ROBERT CRONK expressed his intention to address the electorate and stated that the public can find out the effect of the Wal Mart project via the Internet. He clarified this statement by saying that the report prepared by the Orange County Business Council can be found on the Internet. He stated that the contents of this report are contrary to the information Council has :disseminated. He..urged the community to vote to rezone the Crest View site back to residential. FRANK KURISU' spoke regarding the resolution of intent to vacate the alley on Park Street which had been denied at the Council meeting of September 20, 1999. He expressed his support for the vacation of the alley. He stated his opinion that it is unfair not to be entitled to a public hearing. He delivered a petition to Council listing approximately 29 persons in support of vacation of the alley and asked that a public hearing be scheduled. Receipt of this petition had been announced earlier in the meeting by the City Clerk. RON DAVIS expressed his opinion that the 15,000 people signing the Crest View petition deserve to have an election. He stated that Council use the request for an Election Code S. 9212 Report, in order to delay the initiative petition and to include an item in addition to the Crest View initiative election. He expressed the opinion that Council is attempting to bury the issue on the ballot. BARBARA BOSKOVICH stated her opinion that the Crest View school site is a land issue; that there will be no entrances from Beach Boulevard, only from Talbert Avenue. She noted that Talbert Avenue is only two lanes in both directions. She spoke regarding the amount of revenue to be derived by the school district. She stated that there are other areas in the city in which to locate a Wal Mart. MARK WILSON, resident to the east of the Crest View site, questioned how Council is benefiting from the Wal Mart venture. He described the condition of the Crest View field as being as dry as asphalt with trash blowing against the fence. He stated that the school district is creating an eyesore. LYNNE FISHEL, representative from the Building Officials Industry, informed Council that approval of the proposal to amend the Huntington Beach Zoning and Subdivision Ordinance Section 254.08H relating to Park In -Lieu Fees (Agenda Item F-3), would cause the fee to be over two times higher than that of any other jurisdiction in Orange County. He expressed his support for Option No. 4. RICHARD HARLOW asked the City Council to support Option No. 4, Agenda Item F-3 (park in - lieu fees). He stated that Option No. 4 will provide an opportunity for review of the report and input. 758 10104/99 - Council/Agency Minutes - Page 9 ROBERT CORONA, President, Seacliff Development Company, spoke in support of Agenda Item F-3, Option No. 4 (park in -lieu fees). JOHN ERSKINE, member of the BIA (Building Industry Association) Board of Directors, spoke regarding Agenda Item F-3 (park in -lieu fees), stating that this represents a very large increase and will impact housing. He asked that Council pursue Option No. 4. SUE IGLESIAS informed Council that her request for removal of a ficus tree on city owned property in front of her home had been denied. She requested Council assistance. She stated that the accumulation of leaves causes drainage problems in front of her driveway and she has to rake the sidewalk and street. She added that the tree covers one-half the width of the street, Mayor Pro Tern Garofalo advised Ms. Iglesias that the Council recently adopted a Tree Policy. He asked Public Works Director Beardsley to contact Ms. Iglesias. FREDERICK REIF, resident at 80 Huntington Street, spoke regarding "fugitive dust" generated at the 31-acre construction site across from the mobile home park where he resides. He spoke regarding the watering of the streets and the hours of exit. He described his discussions with city staff members regarding the enormous effect on the mobilehome park from the dirt generated by the "31-acre" project. He stated that the project is to be completed by October 29, 1999 and asked if the dirt will be put back into the holes. City Administrator Silver advised Mr. Reif that Assistant City Administrator Fallon will contact with him tomorrow. Councilmember Harman stated that the problem of dust escaping from this site needs to be addressed. He cited his own experience with dust created by the construction activities in the Seacliff Shopping Center area. He advised Mr. Reif that he will see that staff looks into this matter. CHUCK SCHEID discussed what he believes is a property tax override, and stated his opinion that it is an illegal tax. He explained that the property tax override pays for the amount employees previously had to pay to PERS. He stated that this item cannot legally be put on the tax rolls without a vote of the people; that the city owes the taxpayers $14 million. DON MC GEE addressed Council regarding problems in the environment, the ocean, natural resources, the Belmont Learning Complex in Los Angeles, the Redevelopment Agency, and eminent domain. JOHN BRISCOE and son TYLER BRISCOE spoke regarding recent actions by Mayor Green which Mr. Briscoe felt violated his rights to free speech. DAVE BREES, Oak View Property Owners Association, express his concern regarding the recent transfer of a code enforcement officer out of the Oak View area. He emphasized the importance of code enforcement officers being given the tools necessary for effective code enforcement. 759 Page 10 - CouncillAgency Minutes—10104199 MELVIN KIMMEL, Oak View Property Owners Association, complimented Peggy Flanagan on her work as code enforcement officer in the Oak View area. He requested that more management support be given to code enforcement_ He spoke regarding the granting and use of CDBG funds. Regarding Ms_ Flanagan's transfer, Mr. Kimmel stated that this is mismanagement and deserves Council's attention. KATHERINE JOHANSEN, Oak View Property Owners Association and property owner in the Oak View enhancement area, asked Council why there had not been an increase in code enforcement in the Oak View area. FRAN ANDRADE advised Council that the benefits of code enforcement can be observed in the Oak View neighborhood. She stated that the community has worked very hard over the past three years to accomplish neighborhood improvements. Ms. Andrade asked Council to maintain the same high quality of code enforcement as established by Ms. Flanagan. Mayor Pro Tern Garofalo advised Ms. Andrade that a special meeting can be called to discuss and resolve this issue. He stated that he will rely on City Administrator Silver to resolve this issue. City Administrator Silver commented that charges regarding the actions of city employees should be put in writing. He added that comments regarding the expenditure of CDBG funds should also be put in writing. He stated that the Planning Director will advise him how the CDBG funds have been spent. Councilmember Bauer stated that the Economic Development Director has provided a letter as to how CDBG funds have been spent. City Administrator Silver stated that Oak View is an important area, and efforts are made to ensure that the residents are protected. JAMES LANE, PAC (Project Area Committee) member and co-chair of the Huntington Beach Cares organization; stated that the ordinance involving eminent domain has nothing to do with the elimination of blight. He expressed his appreciation that the area affected by residential eminent domain has been reduced but expressed the opinion that it is not acceptable to take people's homes. He stated his concern regarding the Worthy property still being in the eminent domain area and the fact that eminent domain runs through Alice Parnakian's property. He advised that Huntington Beach Cares will conduct a referendum and will begin collecting signatures on October 19, 1999. MICHAEL RAMSEY informed Council that he is speaking on behalf of several property owners in the proposed Holly-Seacliff industrial eminent domain area. He stated that he envisions this action as taking away their property and their rights and as being hostile. He noted that the Holly-Seacliff industrial area is at present perceived as a blighted area. He stated that redevelopment with eminent domain is not in the best interests of the property owners in this area. Mr. Ramsey presented a copy o his public comments, titled Proposed Remarks to Huntington Beach City Council to the City Clerk. DAVID CASTENHOLZ, PAC (Project Area Committee member, expressed his opposition to both residential and commercial eminent domain and expressed concern regarding the manner in which this process is proceeding. He asked Council from what source it has received the mandate to proceed with this amendment. He urged Council to reconsider this issue. He advised Council that a referendum will occur. 760 10/04/99 - Council/Agency Minutes - Page 11 WAYNE REINERT expressed his appreciation to Officer Ekovich and Huntington Beach police officers. He spoke regarding the need for more schools, parks, and recreational space. He stated that the need exists for affordable housing and noted that buildings have been torn down on Main Street but have not been replaced. He stated that the city should be preserving historical buildings for affordable housing. CITY ADMINISTRATOR'S REPORT REGARDING AGENDA ITEM RELATIVE TO ARTERIAL HIGHWAY REHABILITATION PROJECT — CC109 City Administrator Silver reported on the item appearing later on the Council agenda relative to award of bid to R. J. Noble, Inc. for the Arterial Highway Rehabilitation Project. He reviewed the streets which would be improved by this contract. The streets include Warner Avenue from Beach Boulevard to Newland Street, Heil Avenue from Saybrook Lane to Bolsa Chica Street, Heil Avenue from Graham Drive to Springdale Street, Heil Avenue from Beach Boulevard to Newland Street artd Edinger Avenue from Goldenwest Street to Gothard Steet. CITY ADMINISTRATOR'S STATEMENT REGARDING OFFICER NICHOLAS EKOVICH City Administrator Ray Silver announced to the Council and audience how very proud are the city employees and he of Officer Nicholas Ekovich for his devotion to duty displayed during the recent robbery attempt. He stated the City Council and the entire community are proud of police officer Ekovich. (CITY COUNCIL) PUBLIC HEARING ON ZONING MAP AMENDMENT NO. 99-3 (GENERAL PLAN CONSISTENCY) — TO REZONE TEN (10) PROPERTIES CURRENTLY USED FOR RELIGIOUS ASSEMBLY TO PUBLIC -SEMI-PUBLIC (SUB AREAS A-J) -- CONTINUED PUBLIC HEARING OPEN TO NOVEMBER 1 1999 (440.50) Mayor Green announced that this was the time scheduled for a public hearing to consider the following: Applicant: City of Huntington Beach Request: To rezone ten (10) properties currently used for religious assembly to Public - Semi -Public (Sub Areas A-J). Current zoning designations include: Low, Medium or Medium -High Density Residential and Office Commercial. Each of the properties contains existing religious facilities on sites larger than two (2) acres in size. Location: Ten (10) locations for religious assembly throughout the city: (A) 2721 Delaware, First United Methodist Church; (B) 8702 Atlanta, Church of Latter Day Saints; (C) 6000 McFadden, Church of Latter Day Saints; (D) 6931 Edinger, Grace Lutheran Church; (E) 9812 Hamilton, Lutheran Church of the Resurrection; (F) 16351 Springdale, Redeemer Lutheran Church; (G) 16432 Springdale, St. Bonaventure Catholic Church; (H) 8200 Ellis, Faith Lutheran Church; (1) 18631 Chapel, St. Wilfred of York Episcopal Church; and (J) 8281 Garfield, Calvary Baptist Church. 761 Page 12 - Council/Agency Minutes—10104/99 Environmental Status: The above item is covered by Environmental Impact Report No. 94-1 certified and approved by the City Council of the City of Huntington Beach on May 13, 1999. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: Slide show presentation from the Economic Development Director dated October 4, 1999 titled Zoning Map Amendment No. 99-3. Staff presented the slide report titled Zoning Map Amendment No. 99-3. Mayor Pro Tem Garofalo presented reasons why he would suggest that the public hearing be opened and continued for 30 days as he believes there are representative of churches that are not aware -of this public hearing. Planning Director Zelefsky reported on the notification procedure. He informed Council that he had spoken to some representatives who had not understood the process; however, the staff has now clarified the process for them. Mayor Green declared the public hearing open. A motion was made by Garofalo, second Julien to continue the public hearing open on Zoning Map Amendment No. 99-3 General Plan Consistency to rezone 10 properties currently used for religious assembly to public semi-public sub areas A and J, to the Council meeting of Nobember 1, 1999. The motion carried unanimously with Councilmember Sullivan recorded absent. (CITY COUNCIL) PUBLIC HEARING -- APPEAL FILED BY CITY OF WESTMINSTER OF PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 98-90 (HEBREW ACADEMY IMPROVEMENTS) — APPEAL DENIED -- CONDITIONAL USE PERMIT APPROVED (420.40) Mayor Green announced that this was the time scheduled for a public hearing to consider the following appeal: Applicant: Brion S. Jeanette & Associates, Inc. Appellant: City of Westminster Request: Appeal of the Planning Commission's approval for the construction of a 4,043 square foot classroom building, a 4,260 square foot modular administration building, expansion of the existing parking lot from 56 to 74 spaces, and redesign of the existing student drop-off area to accommodate a wider bus turning radius and five (5) parking spaces. The aforementioned improvements are proposed for the existing Hebrew Academy, which is utilizing a former public school site. Location: 14401 Willow Lane (formerly Clara Cook School) 762 10104199 - CouncillAgency Minutes - Page 13 Environmental Status: The above item is categorically exempt from the provisions of the California Environmental Quality Act. Communication from Joseph and Cathy Tran dated September 27, 1999 requesting that more quiet activities be held and at hours not later than 10:00 p.m. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: Slide show presentation from the Planning Director dated October 4, 1999 titled Hebrew Academy Appeal. :Principal Planner Scott Hess presented a staff report and referred to the slide show presentation from the Planning Director titled Hebrew Academy Appeal. Mayor Green declared the public hearing open. ROBERT MEADE informed Council he is a school teacher and does not usually oppose such requests; however, he stated he opposed the project due to traffic problems. He stated that there has never been so many kids in the neighborhood and that cars go down the street 40 to 50 mph. He stated that the residents of Westminster are scared of this situation. He stated that a traffic study must be done and the residents talked to regarding the subject. Mr. Mead stated that the 90 signature petition presented to the Planning Commission has been ignored. He informed Council that it is not the school, it is the traffic that is the problem. He stated lately the cars have not been going as fast but that may not last. HENRY ABEYTA Informed Council that the project would cause traffic where children cannot play safely. He stated that a police officer had told him that he was giving many tickets. He stated that if Council was in the neighborhood's place; that they would be speaking in his place at the podium. He stated that perhaps the neighborhood should be a gated community. RACHEL BANNISTER informed Council that she was speaking on her parents and her behalf. She stated her concern with the traffic in the neighborhood, cars pulling out of driveways without looking out She stated that the school is not equipped to be larger. Ms. Bannister expressed her concern for the neighbors and children. MARGARET BURDENO stated her children like to ride bikes, roller blade, and skate board and they are mainly restricted to the sidewalks. She stated her concern for the children. She stated the residents have signed a petition asking that a traffic study be done. Ms. Burdeno stated that the Rabbi and Principal are trying their best but that the people that drive by are not necessarily Huntington Beach residents and do not always abide by the laws. DON ANDERSON, Planning Director (City of Westminster - Appellant), referred to an overhead chart of the site. He reported that the city of Westminster believes the project is not within a categorically exempt environmental status. He informed Council that they believe a negative declaration or environmental impact report must be done and when done, that another public hearing be scheduled on the conditional use permit. He stated that a master development plan 763 Page 14 - Council/Agency Minutes — 10/04/99 and traffic monitor, adequate on -site parking, and consideration of all buses entering and exiting the property via the city of Huntington Beach should be included. NANCY GILL and CHRISTY GRILLO informed Council they were representing herself and other adjoining residential areas with affected streets. She spoke regarding the annual increases in student body. Ms. Gill informed Council that there are speeding parents who focus on dropping off their children and do not realize they are putting their children at risk. She stated that the traffic should be put on Huntington Beach streets. She stated that property values will decrease, as who would want to move to their neighborhood and put their children at risk. NANCY FIELD, President of Hebrew Academy, requested that Council deny the appeal. She spoke regarding the community meeting at which the concerns of the neighbors were heard. In response to Councilmember Harman, Ms. Field stated that they wanted to decrease enrollment and that traffic was planned to not increase. THEODORE COHEN addressed Council in support of the appeal. He informed Council that they are planning to improve their facility. Mr. Cohen stated if the parking lot gets improved there will not be parking on the streets. CLIFF WATSON stated that the school is not in as bad a condition as they pretend it to be. He stated that he has seen the school in poor repair but when the school wants some project done in their favor the school is cleaned up and now they are dong a marvelous job but questioned for how long. He stated that his primary interest is traffic. He stated that a coalition should be formed to keep up the streets that are impacting the city tax payers. RABBI ITZHAK NEWMAN stated that they are trying to improve their school and the upkeep of their land. He distributed photographs to the City Council which afterwards were provided to the City Clerk. He stated that the use of the street is not due to the Hebrew Academy. He informed Council that they are not increasing the enrollment and that the class size is to decrease. He stated that they are trying to protect their children and build a future school. Mayor Pro Tern Garofalo requested clarification of some of the photographs presented by Rabbi Newman. Rabbi Newman responded. HOWARD ERMAN, President of Board of Trustees, stated that he believes the school is a good member of the community. He stated that they are willing to accommodate everybody and all provisions of the Conditional Use Permit. 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. 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 show presentation from the Planning Director dated October 4, 1999 titled Hebrew Academy Appeal. 764 10104199 - Council./Agency Minutes - Page 15 Communication from Karen J. Shenett, Vice President, Carr Towing, Inc., dated October 4, 1999 titled Proposed High School at Willow and Maple requesting Council to consider several factors before approving a proposed high school at Willow Lane and Maple Avenue. Mayor Pro Tem Garofalo stated that the first consideration is public safety for the children. The Public Works Director stated that the streets are in the city of Westminster; that it is a 25 mph speed limit; and he does not know if it is posted by the city of Westminster. Principal Planner Scott Hess pointed out on a map the streets and areas involved. In response to questions, Mr. Hess stated that to increase the 400 student enrollment would require a conditional use permit hearing. A motion was made by Bauer, second Dettloff to approve Conditional Use Permit No. 98-90 with -Findings and Conditions for Approval as set forth on Attachment No. 1 to the Request for Council Action dated October 4, 1999 as follows: Modified conditions of approval as set forth on Page No. 28 of the October 4, 1999 CoundllAgency Minutes. The motion carried by the following roll call vote: AYES: Julien Bauer, Garofalo, Green, Dettloff, Harman NOES: None ABSENT: Sullivan CONSENT CALENDAR - ITEMS REMOVED FOR SEPARATE DISCUSSION Council by unanimous consensus removed the following items from the Consent calendar for separate discussion with Councilmember Sullivan recorded absent: Professional Services Contract Between the City of Huntington Beach and J & H Marsh & McLennan for Insurance Brokerage and Consulting Services — (Employee Benefit Plans) Resolutions Regarding The Role Of City Council Liaisons & The Appointment Process For City Council Liaisons To Advisory Bodies To City Council, Citizen Committees, Standing Council Committees, Ad Hoc Council Committees & External Agencies & Organizations Contract for Professional Services — Economic Development Systems, Inc. (EDS) for Development & Implementation of a Tenant Recruitment Program for the Downtown Area — Main -Pier Redevelopment Project Area CONSENT CALENDAR - ITEMS APPROVED On motion by Garofalo, second Dettloff Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: None ABSENT: Sullivan 765 Page 16 - Council/Agency Minutes—10/04199 Mayor Pro Tem Garofalo requested that his abstention be recorded on the Consent Calendar item relative to opposing AB 806, opposing AB 1553, and supporting HR 1300, Mayor Pro Tem Garofalo requested that his abstention be recorded on the Consent Calendar item relative to approving Huntington Beach State/Federal Funding Priorities List tier 1 Projects for the 1999/2000- Fiscal Year. (CITY COUNCILIREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of August 16, 1999 and the adjourned regular meeting of August 30, 1999 as written and on file in the Office of the City Clerk. (CITY COUNCILIREDEVELOPMENT AGENCY) APPROVED PROFESSIONAL SERVICES CONTRACT WITH KAKU ASSOCIATES FOR THE EVALUATION & -REVISION OF THE HUNTINGTON BEACH DOWNTOWN PARKING MASTER PLAN — APPROVE APPROPRIATIONSITRANSFERS AND WAIVER OF PROFESSIONAL LIABILITY INSURANCE (600.30) — City Council/Redevelopment Agency Action: 1. Approved a Professional Services Contract Between The Redevelopment Agency And Kaku Associates, Inc. For Preparation Of An Evaluation And Revision Of The Huntington Beach Downtown Parking Master Plan in the amount of $74,690, as prepared by the City Attorney, and authorized Mayor and City Clerk to execute said agreement. 2. Appropriated $74,690 to the Planning Services Account (AAPL23139000) and increased the 1999/00 transfer from the Redevelopment Agency to the City General Fund by $74,590. 3. Approved the waiver of Professional Liability Insurance as recommended by the Settlement Committee at its meeting on July 20, 1999. (CITY COUNCIL) ADOPT RESOLUTION NO. 99-81 AMENDING THE CITY'S DEFERRED COMPENSATION PLAN TO ALLOW PLAN MEMBERS TO TAKE LOANS FROM THE PLAN (700.55) Adopt Resolution No. 99-81 -- "A Resolution Of The City Council Of The City Of Huntington Beach Amending Its Deferred Compensation Plan To Allow Plan Members To Take Loans From The Plan." (CITY COUNCIL/REDEVELOPMENT AGENCY) APPROVED AND ACCEPTED EASEMENT DEDICATION DEEDS FROM AGENCY TO CITY FOR YORKTOWN AVENUE (ENGLAND & FLORIDA STREETS) LOTS (650.80) — REDEVELOPMENT AGENCY ACTION: Approved grant by the Agency to the City and authorized execution by the Agency Chairman and Agency Clerk of easement deeds for 2501 England Street (AP No. 025-111-39-formerly 602 Yorktown Avenue) 2422 England Street (AP No. 025-121-36) and 2419 Florida Street (AP No. 025-121- 01) as requested by the Public Works Department and — City Council Action: Accepted said deeds as executed by the Redevelopment Agency and directed the City Clerk to affix city acceptance and record said deeds with the Orange County Recorder. (CITY COUNCIL) APPROVED 1999 AGREEMENT WITH EMPLOYMENT SYSTEMS INC. (ES!) FOR AMBULANCE OPERATOR/FIRE INTERNS — APPROVED INDEMNIFICATION AGREEMENT (600.10) Approved and authorized the Mayor and City Clerk to execute the . Agreement Between The City Of Huntington Beach And Employment Systems, inc. To Supply Personnel To The City in an amount not to exceed $795,000 to provide leased ambulance operator/fire intern personnel to the city and acknowledged and approved the language in Section 5 INDEMNIFICATION, wherein the city will indemnify ESI from any claims arising out of or related to the services performed by ESI personnel under this agreement. 766 10/04/99 - Council/Agency Minutes - Page 17 (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-85 AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO A WATERPROOFING CONTRACT FOR THE CIVIC CENTER COMPLEX; MSC 403 (600.90) — Adopted Resolution No. 99-85 authorizing the Director of Public Works to enter into the project contract for an amount not to exceed $465,000. Contract costs shall include a change order budget equal to ten percent of the contractor's bid amount, incidental expenditures not to exceed $3,500 and contract administration costs not to exceed $58,000 — "A Resolution of the City Council of the City of Huntington Beach Appointing Designated Agents for Negotiation and Execution of Agreement for the Refurbishing and Waterproofing of the Civic Center Complex (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-86 — APPOINTS DESIGNATED AGENTS (PUBLIC WORKS DIRECTOR) FOR SUBMITTAL OF GRANT APPLICATIONS TO STATE OF CALIFORNIA — EMERGENCY SERVICES OFFICE — FLOOD MITIGATION/IMPROVEMENT PROJECTS (340.80) --Adopted Resolution No. 99-86 —"A i4esolution of the pity Council of the City of Huntington Beach Appointing Designated Agents for Submittal of Grant Applications to the State of California, Office of Emergency Services. " (CITY COUNCIL) APPROVED CONSTRUCTION CONTRACT FOR ARTERIAL HIGHWAY REHABILITATION PROJECT — CC-1109 — AWARDED BID TO R. J. NOBLE, INC. -- APPROVED EXECUTION OF CONTRACT (600.50) 1. Approved the low responsivelresponsib] e bid submitted by R. J. Noble, Inc. for the Arterial Highway Rehabilitation Project, CC-1109; and 2. Authorized the Mayor and City Clerk to execute an appropriate construction contract in the amount of $1,114,966,16; and 3. Authorized the Director of Public Works to expend a total of $1,300,000, including the contract amount of $1,114,966.16, anticipated construction change orders of $111,400, and supplemental expenditures of $73,633.84 (Includes Warner from Beach to Newland; Heil from Saybrook to Bolsa Chica; Heil from Graham to Springdale, Heil from, Beach to Newland and Edinger from Goldenwest to Gothard) (CITY COUNCIL) APPROVED INDEMNIFICATION CLAUSE CHANGE IN SECTION 6 (MALPRACTICE) OF THE AGREEMENT BETWEEN FULBRIGHT & JAWORSKI, LLP, FOR LEGAL SERVICES REGARDING THE HUNTINGTON BEACH DEFERRED COMPENSATION PLAN (600.10) —Approved the Indemnification Clause Change in Section 6 of the Agreement Between The City of Huntington Beach and Fufbright & Jaworski, LLP, For Legal Services Regarding The Huntington Beach Deferred Compensation Plan as follows: Section 6. Malpractice. Under applicable California law, Legal Counsel acknowledges that a law firm which is determined by a court with jurisdiction to have committed malpractice in the performance of legal services for a client is subject to liability, and further that the aggrieved client may be entitled to monetary damages and all other relief allowed by such applicable law. (CITY COUNCIL) APPROVED CITY COUNCIL POSITION ON PENDING STATEWEDERAL LEGISLATION AS RECOMMENDED BY THE CITY COUNCIL INTERGOVERNMENTAL RELATIONS COMMITTEE — OPPOSED AB-80610PPOSED AB-15531SUPPORTED HR-1300 (120.70) — Opposed AB-806 (Kelly) — Public Works Contracts/Retention Proceeds; Opposed AB- 1553 (Calderson, Graniund, Baca) — Spheres of Influence/City Authority; Supported HR-1300 "Recycle America's Land Act" (Brownfields Superfund Reform Bill Mayor Pro Tem Garofalo requested that his abstention be recorded on the aforementioned Consent calendar item. 767 Page 18 - Council/Agency Minutes—10104/99 (CITY COUNCIL) APPROVED HUNTINGTON BEACH STATE/FEDERAL FUNDING PRIORITIES LiST TIER 1 PROJECTS FOR THE 1999/2000 FISCAL YEAR AS RECOMMENDED BY THE CITY COUNCIL INTERGOVERNMENTAL RELATIONS COMMITTEE (340.80) —Approved the Huntington Beach State/Federal Funding Priorities List, Tier 1 Projects for the 1999/2000 Fiscal Year as submitted by the department heads and reviewed and approved by the City Council intergovernmental Relations Committee. Mayor Pro Tern Garofalo requested that his abstention be recorded on the aforementioned Consent calendar item. (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT WITH PSOMAS & ASSOCIATES, INC. TO PROVIDE INTERIM WATER OPERATIONS MANAGER SERVICES — APPROVE MODIFICATION TO INSURANCE REQUIREMENTS (600.10) — Approved and authorized execution by the Mayor and City Clerk of the Professional Services Contract Between The City Of Huntington Beach And Psomas & Associates, Inc., To Provide Intenm-Water Operations Manager Services including modifications to the insurance requirements as approved by the Insurance Settlement Committee (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND J & H MARSH & MCLENNAN FOR INSURANCE BROKERAGE AND CONSULTING SERVICES — (EMPLOYEE BENEFIT PLANS) - APPROVED MODIFICATION OF INSURANCE CANCELLATION CLAUSE (600.10) — The City Council considered a communication from the Director of Administrative Services transmitting a proposed contract between the city and J & H Marsh & Mclennan for insurance brokerage and consulting services for employment benefits plans. Councilmember Julien commended Administrative Services Director Reekstin, Risk Manager Karen Foster, and Personnel Director William Osness and all the employees connected with working on this item. Councilmember Julien spoke regarding the areas in which savings will be made. A motion was made by Green, second Julien to approve and authorize execution by the Mayor and City Clerk of the Professional Services Contract Between The City Of Huntington Beach And Psomas & Associates, Inc., To Provide Interim Water Operations Manager Services including, modifications to the insurance requirements as approved by the Insurance Settlement Committee. The motion carried by unanimous roll call vote with Councilmember Sullivan recorded absent. (CITY COUNCIL) ADOPTED CITY COUNCIL RESOLUTIONS NO. 99-83 AND NO. 99-84 REGARDING THE ROLE OF CITY COUNCIL LIAISONS & THE APPOINTMENT PROCESS FOR CITY COUNCIL LIAISONS TO ADVISORY BODIES TO CITY COUNCIL, CITIZEN COMMITTEES, STANDING COUNCIL COMMITTEES, AD HOC COUNCIL COMMITTEES & EXTERNAL AGENCIES & ORGANIZATIONS (120.10) The City Council considered a communication from the Director of Organizational Effectiveness transmitting proposed Resolution No. 99-83 and No. 99-84 as follows: 1. Resolution No. 99-83 — "A Resolution of the City Council of the City of Huntington Beach Establishing a Policy for Appointment of Council Liaisons to Advisory Bodies to the City 768 10104/99 - Council/Agency Minutes - Page 19 Council, Citizen Committees, Standing Council Committees, Ad Hoc Council Committees, and Extemal Agencies and Organizations." and 2. Resolution No. 99-84 "A Resolution of the City Council of the City of Huntington Beach Regarding the Role of Council Liaisons at Citizen Commissions, Boards and Committees." Councilmember Bauer stated that it appeared the drawing of straws to determine who would serve on a committee when one member wanted to serve and could serve had not been included in the proposed resolution. Councilmember Dettloff spoke regarding this aspect and discussion was held among Councilmembers. A motion was made by Garofalo, second Green to adopt Resolution No. 99-83 and No. 99-84. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: None ABSENT: Sullivan (REDEVELOPMENT AGENCY) APPROVED CONTRACT FOR PROFESSIONAL SERVICES — ECONOMIC DEVELOPMENT SYSTEMS, INC. (EDS) FOR DEVELOPMENT & IMPLEMENTATION OF A TENANT RECRUITMENT PROGRAM FOR THE DOWNTOWN AREA -- MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) — Approved and authorized the execution by the Chairman and Clerk of a contract between the Redevelopment Agency and Economic Development Systems, Inc., (EDS) to provide professional services in retail tenant recruitment for a period of one year for a not -to -exceed cost of $88,720 — Professional Services Contract Between The Redevelopment Agency And Economic Development Systems For the Development And Economic Development Systems For The Development -and Implementation Of A Tenant Recruitment Program For The Downtown Area." The City Council considered a communication from the Economic Development Director transmitting a proposed contract for professional services between the Redevelopment Agency and Economic Development Systems, Inc. relative to a tenant recruitment program for the downtown area Main Pier Redevelopment Project Area. Mayor Pro Tern Garofalo commented on the need to bring this service in-house. A motion was made by Garofalo, second Bauer to continue this item for 30 days for report. Councilmember Julien would like some references of current work done by this consultant. The motion made by Garofalo, second Bauer to continue the proposed contract for professional services between the city and Economic Development Systems, Inc. relative to a tenant recruitment program for the downtown area Main Pier Redevelopment Project Area to the meeting of November 1, 1999 was approved unanimously with Councilmember Sullivan recorded absent. 769 Page 20 - Council/Agency Minutes--10104/99 (CITY COUNCIL) APPROVED THE RECOMMENDED STRATEGY FOR BEACH BOULEVARD (460.30) The City Council considered a communication from the Economic Development Director regarding the City Councii's examination over the past three years, of the potential for improvement of Beach Boulevard and presenting a review of the results of the workshop held with key Beach Boulevard property and business owners. Earlier in the meeting, the City Cleric had announced that the following late communication on this item had been provided to the City Council: Slide show presentation from the Economic Development Director dated October 4, 1999 titled Recommended Strategy For Beach Boulevard. Economic Development Director Biggs presented a slide report titled Recommended Strategy aFor Beach Boulevard. Councilmember Bauer stated he would like to bring sign code issues to the City Council as well as the Atlanta Avenue/Beach Boulevard area. Economic Development Director Biggs reported on current strategy and future areas of study if a grant is received by the city. Councilmember Bauer stressed the need to enhance landscaping on Beach Boulevard. A motion was made by Garofalo, second Green to approve the Beach Boulevard recommended Strategy (Attachment No. 1) to the Request for Council Action dated October 4 1999 which outlines the next steps in developing a plan for the revitalization of Beach Boulevard. The motion carried by unanimous vote with Councilmember Sullivan recorded absent. (CITY COUNCIL) ELECTIONS CODE SECTION 9212 — REPORT REGARDING CREST VIEW INITIATIVE — RECEIVED AND FILED (620.30) The City Council considered a communication submitted by the Assistant City Administrator, Economic Development Director, Administrative Services Director and Planning Director, transmitting a report titled Elections Code Section 9212 Report — October 4, 1999 — Proposed Crest View Initiative consisting of three sections: A. impact Analysis by Keyser Marston Associates; B. Planning analysis by the City Planning Department; and C. Financial analysis of the Crest View Site by the Ocean View School District. Said report has been prepared at the direction of the City Council at the September 7, 1999 Council meeting at which time the initiative petition was certified to Council as containing sufficient signatures. Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: Slide show presentation from the Economic Development Director dated October 4, 1999 titled Election Code Section -- Election Code Section 9212 Report. 770 10/04/99 - Council/Agency Minutes - Page 21 The Orange County Business Council Report On Big Box Grocers titled The Impact Of Big Box Grocers On Southern California. Job Wages And Municipal Finances Final Report September 1999 from Robert Cronk, transmitted by the Assistant City Administrator, and referenced in the Election Code Section 9212 Report is on file in the City Clerk's Office for public review. Deputy City Attorney Scott Fields informed the City Council that the City Clerk had requested that the motion adopted previously by Council to approve the Settlement Agreement between the city and Amel included authorization for the Mayor and City Clerk to execute the Settlement Agreement. He reported that this authorization for the Mayor and City Clerk to execute the Settlement Agreement is necessary. The City Council concurred. Deputy City Attorney Fields reported on the provisions of the agreement. Economic Development Director Biggs presented a slide report titled Election Code Section 9212 Report. 1. Planning Director Zelefsky reported on zoning and General Plan issues as they relate to the proposed initiative ordinance. Pam Walker, representing the Oceanview School District, addressed Council regarding the school fiscal issues and the Election Code Section 9212 Report. Considerable discussion was held between Council and Ms. Walker. Economic Development Director Biggs reported on the city's financial condition and the need to provide services desired by city residents. Discussion was held between Mayor Pro Tern Garofalo and Economic Development Director Biggs. A motion was made by Garofalo, second Bauer to receive and file the.Election Code Section 9212 Report regarding the Crest View Initiative. The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman NOES: None ABSENT: Sullivan, (Garofalo absent from the room) (CITY COUNCIL) 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) — PRESENTATION OF RESOLUTIONS CALLING ELECTION FOR MARCH 7, 2000 — RESOLUTION NO. 98-88 - ADOPTED - RESOLUTION NO. 98-89 - ADOPTED - RESOLUTION NO. 98-90 - ADOPTED — IMPARTIAL ANALYSIS TO BE PREPARED — PRIORITY FOR WRITTEN ARGUMENTS ESTABLISHED (620.30) The City Council considered a communication from the City Clerk regarding the fact that pursuant to State Elections Code § 9114 the City Clerk's report of certification of sufficiency of initiative petition signatures was submitted to the City Council on September 7, 1999. The County Registrar of Voters Certificate as to Verification of Signatures on Petition dated September 2, 1999 is attached. On September 7, 1999 the City Council ordered a report pursuant to Elections Code § 9212. 771 Page 22 - Council/Agency Minutes - 10/04/99 The City Clerk advised Council of the actions available at this meeting for their consideration including adoption of the ordinance petition set forth by the proponents without alteration, or in the alternative, calling a special municipal election for January, 2000; or, an alternative to consolidate with the March 7, 2000 Statewide Primary. She informed Council that the aforementioned alternatives were set forth on the City Council agenda. Adopted Resolution No. 99-88 Calling Special Election For Tuesday March 7, 2000 - Crest ViewlWal-Mart Initiative Petition The City Clerk presented proposed Resolution No. 99-88 "A Resolution of the City Council of the City, of Huntington Beach, Califomia, Calling and Giving Notice of the Holding of a Special Municipal Election on Tuesday, March 7, 2000 for the Submission of a Proposed Ordinance." Shall the Ordinance to change the General Plan Designation of the Z. -� YES Crest View School site 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), and to change the Zoning Designation of the Crest View School site from CG (Commercial NO General) to R-L (Low Density Residential) be adopted? A motion was made by Bauer, second Julien to adopt Resolution No. 99-88. Councilmember Harman stated that he would recommend adoption of the initiative ordinance; however, he would vote for this resolution as he does want an election to be held. He stated that he believes that it should be a special election solely for the initiative ordinance. Councilmember Dettloff spoke regarding matters relating to the Wal-Mart project. Mayor Pro Tem Garofalo also addressed Council on the issue. The motion made by Bauer, second Julien carried by the following roll call vote: AYES: Julien, Bauer Garofalo, Dettloff, Harman NOES: Green ABSENT: Sullivan 772 10/04/99 - Council/Agency Minutes - Page 23 ADOPTED RESOLUTION NO. 99-89 - REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 7, 2000 WITH THE STATEWIDE PRIMARY The City Council considered a communication from the City Clerk transmitting Resolution No. 99-89 — "A 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 Statewide Primary Election to be Held on the Date Pursuant to §1405 of the Elections Code." A motion was made by Garofalo, second Bauer to adopt Resolution No. 99-89. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Dettloff, Harman -NOES: Green ABSENT: Sullivan ADOPTED RESOLUTION NO. 99-90 - SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT AGAINST PROPOSED ORDINANCE (BAUER, DETTLOFF, GAROFALO, JULIEN AUTHORIZED) - CITY ATTORNEY DIRECTED TO PREPARE IMPARTIAL ANALYSIS City Clerk Brockway and Deputy City Attorney Fields responded to Mayor Pro Tem Garofalo's questions regarding whether the wording in the ballot question for the advisory vote could be changed at this meeting. The advisory vote election had been called for at the September 20, 1999 Council meeting. Deputy City Attorney Fields reported that he was not certain of this matter and could prepare a report for future presentation to Council. No further discussion was held on the matter. A motion was made Garofalo, second Julien to adopt Resolution No. 99-90 after authorizing and naming Councilmembers Julien, Bauer, Garofalo, and Dettloff to file a written argument against the proposed ordinance. — `A Resolution of the City Council of the City of Huntington Beach, California, Setting Priorities for Filing a Written Argument Against a City Measure and Directing the City Attorney to Prepare an impartial Analysis of Said Measure." The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff NOES: Harman ABSENT: Sullivan (CITY COUNCIL) CONTINUED ITEM REGARDING PROCESS TO AMEND THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE SECTION 254.08H RELATING TO PARK IN -LIEU FEES TO THE NOVEMBER 1, 1999 COUNCIL MEETING (640.10) The City Council considered a communication from the Community Services Director and the Planning Director relative to a proposal to amend the Huntington Beach Zoning and Subdivision Ordinance pertaining to options for land and/or payment of a fee required in accordance with the policies, principles and standards for park and recreational facilities contained in the General 773 Page 24 - Council/Agency Minutes—10/04/99 Plan. (Communication dated September 29, 1999 from the Huntington Beach Chamber of Commerce included) A motion was made by Garofalo, second Green to adopt Option Number 4 as set forth in the Request for Council Action. Consultant Study - Under this option, the city would hire a consultant to do a nexus study of the city's park acquisition, development and rehabilitation costs, evaluate the city's park standard, and recommend a funding method for the future of the Park Acquisition and Development fund when buildout is attained. The motion made by Garofalo, second Green to adopt option number four failed by the following tie vote: AYES: Julien, Garofalo, Green NOES: Bauer, Dettloff, Harman ABSENT: Sullivan A motion was made by Bauer, second Green to continue the agenda item regarding the process to amend the Huntington Beach Zoning as subdivision ordinance relating to park in -lieu fees to the November 1, 1999 Council meeting. The motion carried unanimously. (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3437 TO AMEND PERS CONTRACT TO PROVIDE THE THIRD LEVEL OF SURVIVOR BENEFITS FOR LOCAL MISCELLANEOUS MEMBERS (640.10) 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 Califomia Public Employee's Retirement System Regarding the Provision of Third Level of 1959 Survivor Benefits forLocal Miscellaneous Members." (Pursuant to Resolution of Intention No. 99-51 Adopted 7/19/99) A motion was made by Garofalo, second Green to approve the adoption of Ordinance No. 3437 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: None ABSENT. Sullivan (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3435 AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO THE FOURTH OF JULY EXECUTIVE BOARD (640.10) —Ordinance No. 3435 —An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code byAmending Chapter2.106 Thereof Entitled "Fourth of July. Executive Board" and specifically delineating responsibilities, duration of terms, meetings, and duties of officers. A motion was made by Garofalo, second Green to approve the adoption of Ordinance No. 3435 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: None ABSENT: Sullivan 774 10/04/99 - Council/Agency Minutes - Page 25 CITY COUNCIL) APPROVED RECOMMENDATION FOR EXPERT REVIEW OF FOOD SERVING CONTRACTORS CONTROLLED BY THE CITY OF HUNTINGTON BEACH (600.05) The City Council considered a communication from Councilmember Bauer regarding the contracts which the city has with a number of firms and individuals engaged in serving food to the public. Councilmember Bauer informed Council that he has been advised that the city has about 16 food serving contracts. He presented reasons why he had placed this item on the City Council agenda. A motion was made by Bauer, second Garofalo to approve the following recommended action: Prior to renewal of any of these contracts; that experts be retained to help the city gain the following information: 1. What can the city do to upgrade the establishments to make them more attractive _and improve service to the public. 2. What improvements should be made on the existing footprint to increase customer acceptance. 3. What can be done to improve economic benefits to the city. 4. Are there new opportunities for food serving contractors — e.g. is a restaurant at the Central Library an economic opportunity (the restaurant at the Getty Musuem and the Bowers Museum are attractive, always seem to be at capacity and most importantly provide a service to patrons. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Harman, NOES: None ABSENT: Sullivan (Dettloff absent from the room) (CITY COUNCIL) ADOPTED RECONSIDERATION OF MOTION THAT WAS PASSED AT THE 9120199 COUNCIL MEETING TO NOT ADOPT RESOLUTION OF INTENT NO. 99-75 (INTENT TO VACATE AN EASEMENT) PORTION OF THE ALLEY BOUNDED BY ADAMS AVENUE, LOMA AVENUE, PARK STREET AND MAIN STREET (800.50) The City Council considered a communication from Mayor Pro Tem Dave Garofalo submitting the following: Statement of Issue: At the September 20, 1999 City Council meeting, the City Council voted 6-1 (Dettloff, No) to not adopt Item E-20, Resolution of Intent No. 99-75 to vacate a portion of the alley bounded by Adams Avenue, Park Street and Main Street (Attachment No. 1)*. Adopting this resolution would have provided for the scheduling of a public hearing on October 18, 1999 regarding the intent to vacate the alley (Attachment No. 2)*. Based on further consideration of this issue and public comments received (Attachment No. 3)*, 1 would like to request that the City Council reconsider its decision at the next meeting on October 4, 1999. *(Attachments to the communication from Mayor Pro Tem Garofalo.) Also transmitted to Council from the City Clerk were minutes of the August 2, 1999 Council meeting and material submitted at that meeting from Jeanette Clapp regarding the proposed vacation. Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: 775 Page 26 - Council/Agency Minutes — 10/04/99 Communication from Frank Kurisu, Laura Thom and Mike & Linda Ester dated October 1, 1999 in support of the alley vacation located between Loma Avenue and Adams Avenue on Park Street. Accompanying the letter is a petition signed by 29 neighbors in support of the city vacating this alley. A motion was made by Garofalo, second Dettloff to reconsider the September 20, 1999 City Council action denying adoption of Resolution No. 99-75. Discussion was held among Council regarding the process by which a vacation is enacted. Mr. Kurisu informed Council of the fees he had paid. The motion made by Garofalo, second Dettloff carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff NOES: Harman ABSENT: Sullivan ADOPTED RESOLUTION OF INTENT NO 99-75 AS AMENDED TO VACATE EASEMENT FOR PUBLIC STREET PURPOSES - PORTION OF THE ALLEY BOUNDED BY ADAMS AVENUE, LOMA AVENUE, PARK STREET AND MAIN STREET The City Council then reconsidered proposed 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." As amended to set the public hearing on said vacation for November 1, 1999. A motion was made by Garofalo, second Dettloff to adopt Resolution of Intent No. 99-75. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff NOES: Harman ABSENT: Sullivan (CITY COUNCIL) ARNEL VS. CITY/S.T.O.P. V. CITY- ITEM SUBMITTED BY MAYOR PRO TEM GAROFALO REMOVED FROM THE AGENDA. (620.30) The communication from Councilmember Dave Garofalo regarding Amel vs. City and S.T.O.P. vs city regarding the Crest View abandoned school site and the initiative election was removed from the agenda by Councilmember Garofalo. Earlier in the meeting, the City Clerk had announced that he following late communications on this item had been provided to the City Council: Revised memo from Mayor Pro Tern Garofalo dated October 1, 1999 changing one of the parties names from Crest View United to S.T.O.P. Revised agenda page No. 17 submitted by the City Clerk dated October 1, 1999 of a change from Crest View United to S.T.O.P. 776 10/04199 - Council/Agency Minutes - Page 27 ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY A motion was made to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday October 18, 1999 at 4:30 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ZowrtL. City fierk and ex-officio Clerk Of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST. City ClerklClerk Mayor/Chairman 777