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HomeMy WebLinkAbout1999-10-18MINUTES CITY COUNCILlREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 4:30 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California Monday, October 18, 1999 An audiotape of the 4:30 p.m. portion of this meeting and a videotape of the 7:00 p.m, portion of this meeting are on file in the Office of the City Clerk. City Clerk Brockway announced that the meeting from 4:30 p.m. to 5:00 p.m. had been duly noticed to the public and press as a special meeting of the City Council. A special meeting process was necessary because the October 4, 1999 meeting had been adjourned to 4:30 p.m. thus the earlier starting time from 4:30 p.m_ to 5:00 p.m. session of Council is conducted as a special meeting. The City Clerk read the notice of special meeting. CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH MONDAY, OCTOBER 18, 1999 Peter Green, Mayor/Chairman Ralph Bauer, Council/Agency Member Shirley Dettloff, Council/Agency Member Dave Garofalo, CouncillAgency Member Peter Green, CouncillAgency Member Tom Harman, Council/Agency Member Dave Sullivan, Council/Agency Member You are hereby notified that a Special Meeting of the Huntington Beach City Council and Redevelopment Agency of the City of Huntington Beach, California, is called for and will be held at City Hall, 2000 Main Street, Huntington Beach, CA 92648 in the Lower Level, Room B8 at the hour of 4:30 p.m., Monday, October 18, 1999. The meeting will consider the role of the City Council liaisons and the appointment process for City Council liaisons to the Public Works Commission. Dated: October 8, 1999 ATTEST: /S/ Connie Brockway IS/ Peter Green City Clerk/Clerk Mayor/Chairman I hereby certify that I received the above notice, Call of Special Meeting of the Huntington Beach City CouncillRedevelopment Agency," prior to 4:30 p.m. Sunday, October 17, 1999. IS/ Peter Green MayorlChairman 778 10118199- Council/Agency Minutes - Page 2 CALL TO ORDER Mayor Green called the special meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 4,30 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Bauer, Garofalo, Dettloff, Harman, Sullivan (Bauer arrived 4:35 p.m.) (Garofalo arrived 4:45 p.m.) Absent: Julien (CITY COUNCIUREDEVELOPMENT AGENCY) STUDY SESSION - JOINT MEETING WITH THE PUBLIC WORKS COMMISSION TO DISCUSS THE ROLE OF CITY COUNCIL LIAISONS AND THE APPOINTMENT PROCESS FOR CITY COUNCIL LIAISONS TO THE PUBLIC WORKS COMMISSION (120.25) Roll Call - Public Works Commission Present: Johnson, Piechota, Riffenburgh, Smith Absent: Gartland, Hartge, Snyder Public Works Commissioner Riffenburgh reviewed the activities of the Public Works Commission. He reviewed the projects for which the Public Works Commission recommended Council approval including the two-year Capital Improvement Program, and the Tree Replacement Policy. He spoke regarding the [IMP (Integrated Infrastructure Management Program) including how the commission perceives that program's future. Public Works Commissioner Johnson informed Council that the Public Works Commission believes they are part of a team when they meet with staff and that staff should be commended: that the city has a good team and they are proud to be on it. Commissioner Riffenburgh responded to Councilmember Dettloff regarding the Commission's role in making recommendations to the City Council. He informed Council that he believes the process where citizens first address the Public Works Commission regarding issues such as traffic issues prior to going to the City Council is the appropriate method. Councilmember Sullivan informed the Public Works Commission that he liked the mixture of occupations on the commission and that their recommendations are very important to Council. Councilmember Sullivan stated that he believed the Public Works Commission should consider meeting at 7:00 p.m. rather than at 5:00 p.m. to make their meetings more accessible to the public. Mr. Riffenburgh informed Council that the Commission has moved its public comment portion of the meeting until later in the meeting. Councilmember Sullivan stated that the public sees 5:00 p.m. on the agenda and it appears to be too early. Mr. Riffenburgh stated that this subject could be reconsidered. Councilmember Bauer spoke regarding the grant process and the input from the Public Works Commission. City Administrator Silver informed Council that a list will be provided in December of all grants received by the city. 779 10/18/99- Council/Agency Minutes - Page 3 Discussion was held about the community's concern regarding the proposed removal of parking on Newland Street to accommodate a left -turn pocket and the Public Works Commission review of this matter. Commissioner Riffenburgh stated that the Public Works Commission had decided to do nothing at this point and to study the subject further. Mayor Green asked if there were accidents there and Commissioner Riffenburgh stated that there were rear -end accidents and the subject is being studied. Adoumment The joint meeting between the City Council and Public Works Commission adjourned. COMMENCEMENT OF REGULAR MEETING OF CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: Julien 5:00 P.M. (CITY COUNCIL) INFRASTRUCTURE ADVISORY COMMITTEE REPORT TO CITY COUNCIL (840,50) The following communications were distributed at this meeting: Slide Report from Public Works Department titled Infrastructure Advisory Committee (IAC) - Status Report dated October 18, 1999. This communication was also announced later in the Council meeting under Late Communications. Document titled Tentative Schedule Infrastructure Advisory Committee (IAC) City of Huntington Beach dated February 1, 1999. This communication was also announced later in the Council meeting under Late Communications. Richard Harlow, Infrastructure Advisory Committee member, reviewed the slide report titled Infrastructure Advisory Committee (1AC) - Status Report dated October 18, 1999. Portions of the report reviewed Commissioner Harlow were Activity Update and Work Plan. Mary Urashima, Public Works Commissioner, reviewed the portions of the slide report covering Current Activity, and Public Education Program. Other portions of the report covered by Commissioner Urashima were the Draft Final Report and Findings and Recommendations. Commissioner Urashima and Commissioner Gerald Chapman reviewed the portion of the slide report titled Key Issues, Questions and Messages and Issues. Discussion was held among Councilmembers and the members of the Infrastructure Advisory Committee regarding issues including quality of life for the community, and the voluntary efforts of the Public Works Department employees. It was recognized that the reason the infrastructure has held together, when the proper resources are lacking, is due to the voluntary efforts of Public Works Department employees. The need to address the complete 10118199- Council/Agency Minutes - Page 4 infrastructure program needs and to reach the public was discussed. Councilmember Bauer spoke regarding how the Infrastructure Advisory Committee came into formation, stating that it had begun with a Water Committee_ Councilmember Bauer spoke regarding the infrastructure that has been put in place in other communities, which he had learned about through the League of Cities. In response to Councilmember Harman, Committee Member Harlow spoke regarding the length of time it will take to get a consultant on board. Ms. Urashima commented on this matter. She also commented on public education. City Administrator Silver stated that the City Attorney would like to review the issue and report at a later date regarding expenditure of public funds to promote a bond issue. City Attorney Hutton presented a brief oral report. Councilmember Dettloff stated that education is the most important issue so that the public can make a decision. She stated that experts have told her that had there not been dedicated employees there would not be functioning sewer, street, or other infrastructure components at present. Gary Dysart, consultant, Psomas and Associates, Inc., reported on the document titled Tentative Structure lnfrastructure Advisory Committee - (1AC) dated February 1, 1999. Councilmember Sullivan stated his concern with the level of optimism that this will be a slam- dunk. He stated that he is glad for the optimism; however, he believes there is a need for a dose of reality. Councilmember Sullivan stated that he will support the $200,000 expenditure but he believes that amount should be all that is spent. The subject of how to learn about funding mechanisms was discussed. Mayor Pro Tem Garofalo stated that Council would like to have regular reports from the Infrastructure Advisory Committee. The City Council expressed their appreciation the members of the Infrastructure Advisory Committee for this meeting. 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 with Councilmember Julien 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(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 Mills Land & Water Company v. City of Huntington Beach, Court of Appeal, 4th Appellate District, Civil No. G0220490; Orange County Superior Court Case No. 739412. Subject: Mills Land & Water Company v. City. (120.80) 781 10118199- Council/Agency Minutes - Page 5 (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. Orange County Water District, et al. Subject: City of Huntington Beach v. Orange County Water District, et al. (120.80) RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING Mayor Green reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:00 p.m. ROLL CALL present: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: Julien (Garofalo out of the room) FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by students from Pegasus Middle School. INVOCATION The invocation was offered by Steve Purdue, Huntington Beach Police Chaplain and Pastor of Coastland Foursquare Church, Huntington Beach. CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Pursuant to the Brown (Open Meetings) Act, City Clerk Brockway announced the following late communications regarding agenda items. These late communications had been received following distribution of the agenda. Slide Report from Public Works Department dated October 18, 1999 titled Infrastructure Advisory Committee Status Report. Communication from Public Works Department dated February 1, 1999 titled Tentative Schedule Infrastructure Advisory Committee City of Huntington Beach dated February 1, 1999.. Revised Agenda Page No. 2 to add communication from the City Attorney adding a Closed Session regarding the City of Huntington Beach v. Orange County Water District. Slide presentation titled Treasurer's Report, dated October 18, 1999 from the City Treasurer. Revised Agenda Page No. 5 to correct a typographical error on the recommended action of the agenda item - Tract No. 15082. 782 10I18199- Council/Agency Minutes - Page 6 Request for Proposal (RFP) for Street Sweeping Services from Department of Public Works. Communication from the City Attorney dated November 18, 1999 titled Agenda Item E-13, City Council Meeting of October 18, 1999 Street Sweeping Contract. Slide presentation titled Acquisition of Enterprise Resource Planning System for the City of Huntington Beach, dated October 18, 1999 from Fire Chief Dolder. Communication and map regarding Ordinance No. 3436 titled Residential Eminent Domain Overlay Map, dated October 18, 1999 from Gus Duran, Housing and Redevelopment Manager. Communication from Councilmember Sullivan, dated October 10, 1999, requesting reconsideration of denial of January 2000 Special Municipal election on initiative petition relative to rezone of the Crest View closed school site. Communication from Bob Polkow, dated October 17, 1999, titled Agendired Item H-3, Monday, October 18, 1999 (Request for Reconsideration of Denial of January Special Municipal Election on Initiative Petition). PRESENTATION -- Mayor Green invited Planning Director Howard Zelefsky to help in the presentation of the Mayor's Award to Senior Planner Mary Beth Broeren. Mr. Zelefsky stated it was his distinct pleasure to present the Mayor's Award to one of the city's finest employees. Mary Beth is responsible for projects including Holly Seacliff project, the city's long range planning, environmental review, affordable housing, and census. PRESENTATION — To Mayor Green by Mr. Rich Riegle, Director of Sales, Coastal Region, Orange County Register. Mr. Riegle presented awards for the Orange County Register's Best Of Program. The awards that the City of Huntington Beach received are, The Best Pier, The Best City to Live In, The Best Parade and the Best Place to Walk and Jog. PESENTATION — By Mayor Peter Green and John Scandura, Chairman of the Environmental Board of Environmental Board Awards. Receiving the awards were: 1. Air Quality — Coating Resources Corporation, Robert Laird. 2. BeautificationANaste Management — 7th Grade Students at Pegasus Middle School — Teachers, Nicole Heman and Lynn Van Gorp, accomplished by 24 Pegasus Middle School students. 3. Community Beautification —Tile Murals at City Hall Margaret and David Carlberg. PRESENTATION — Presentation by Mayor Peter Green, on behalf of the California Integrated Waste Management Board to Bob Beardsley, Public Works Director - a Certificate of Achievement for successfully implementing programs necessary to achieve the first waste diversion milestone established by Assembly Bill 939. COUNCILMEMBER BAUER - APOLOGY Councilmember Bauer informed the Council and audience that he wished to apologize for his statement in the past meeting regarding people who would be against the Wal-Mart issue would 783 10118199- Council/Agency Minutes • Page 7 be against children as he knows full well that those persons who are in opposition to the Wal- Mart issue love their children. DISPLAY OF WALL MAP OUTLINING AREAS AFFECTED BY RESIDENTIAL EMINENT DOMAIN - MAIN PIER PROJECT AREA (DOWNTOWN) Assistant City Administrator Melanie Fallon, referring to wall map and three photographs, showed the residential units that would be affected by the residential domain process. She stated that in response to concerns from the public, only three residential properties would be involved in eminent domain; that probably only one parcel would be under eminent domain. In response to Councilmember Dettloff, the Assistant City Administrator stated that the matter of substandard housing could be looked into. Report by City Attorney on Actions Taken by The City Council or Redevelopment Agency in Closed Session as Required by Law (Government Code §54957.1(a) (3) (B)). The following report is made pursuant to the Brown Act, Government Code §54957.1(a) (2) Report of Action Taken (Litigation): On Monday, October 18, 1999, the City Council convened in closed session to discuss whether to petition for hearing in Supreme Court in regard to Mills Land & Water Company v. City of Huntington Beach. By a vote to 5-1, the City Council authorized the City Attorney to seek review in the California Supreme Court of the recent decision of the Fourth District Court of Appeals, Civil No. G0220490. The Council vote in closed session as follows: AYES: Bauer, Green, Dettloff, Harman, Sullivan NOES: Garofalo ABSENT: Julien The petition for hearing in the Supreme Court involves a challenge to the decision of the Fourth District Court of Appeals referring the Mills Land & Water case to the Orange County Superior Court for further proceedings. The Mills case alleges a temporary taking of real property. PUBLIC COMMENTS LOUISE FIORILLO requested that Council vote against eminent domain especially since it has been redrawn several times by the City Council and also redrawn by the Planning Commission. She expressed her opinion on the power of eminent domain stating that there is no provision ensuring that an area or property would not be placed back into the eminent domain portion of Redevelopment Agency Project Area. She informed Council that starting October 19, 1999 the Huntington Beach Cares Organization will start petitioning for 15,000 signatures to repeal the ordinance. RALPH PECK, member and supporter of Huntington Beach Cares, spoke regarding the attempts of the owner of El Don Liquor Store to renovate his property. He informed Council that the city hasn't allowed him to progress. He stated his negative opinions regarding eminent domain as well as he belief that the issue should be put to the voters. 784 10118199- Council/Agency Minutes - Page 8 DIANE LENNING spoke against eminent domain. She stated that the means do not justify the end. She expressed her opinion that the city is acting with cold-hearted, calculated greed, and must stop their actions or the process could lead to possible city bankruptcy. WAYNE REINERT spoke against eminent domain. He pointed to the wall photo that showed city owned land in the eminent domain area that is blighted with weeds. He spoke regarding the need to fix city streets and to repair schools. Mr. Reinhart spoke of his neighbors in the proposed eminent domain area. JAMES PROCTER stated he was against eminent domain as well as the proposed bluff bottom camping facility. He informed Council of letters he had collected from persons against the bluff bottom park development. He stated that if the project proceeds it will cause the same opposition at the City Council meetings as has the eminent domain issue. Mr. Procter submitted a letter to Mayor Pro Tern Garofalo and fellow Councilmembers in opposition to the Bluff Bottom Park Development dated October 18, 1999 titled Lower Bluff Proposed Parking project. OSCAR TAYLOR submitted a letter to the Council and the City Clerk. The letter is dated October 18, 1999 and references: titled (Your letter to me dated February 1, 1999 — Regarding Downtown Redevelopment), (My letter to you dated March 8, 1999, and (Letter from Economic Development Director— David C. Briggs). He spoke of a previous letter, which he stated was ignored. Mr. Taylor related a story to Council of receiving a letter regarding condemnation of his property 10 years ago, to which he had agreed, and now today, the property has remained undeveloped. He offered to repurchase the property, and urged Council to read the document he submitted and to possibly sit down and meet with him. DAVID CASTENHOLTZ, member of the Redevelopment Project Area Committee and attorney at law, stated that the vote of the Project Area Committee recommended five to one for Council not adopt the Amendment to the Redevelopment Plan. He asked the four Councilmembers to reconsider and not adopt the plan. He informed Council that the issue will go to referendum. BARBARA BOSKOVICH spoke on various topics, including Councilmember Bauer's apology regarding statements he had made on the Crest View issue. She expressed disagreement with Councilmember Dettloff's previous remarks that more conditions have been placed on the Crest View project than any other project, She stated that bad projects need lots of conditions and these conditions are to protect the people. Ms. Boskovich commented on the pulling of programming aired on HBTV-3 regarding the closed Crest View school site issue. She stated that HBTV-3 should air shows that present city issues, and inform the people of the truth. ROBERT CRONK accepted Councilmember Bauer's earlier apology for past statements he had made on the Crest View issue. He spoke of HBTV-3 programming aired from June 2, 1999 to September 8, 1999 on the school bond issue as it compares with the program that Councilmember Harman and the Crest View residents made that was not allowed to air. He questioned how the City Attorney can make this decision due to her conflict of interest. He informed Council that he believes the issue should be referred to the Fair Political Practices Commission (FPPC). Mr. Cronk commented on the proposed bluff bottom camping project, and stated that Wal-Mart could be built on Pacific Coast Highway. WR 10118I99- Council/Agency Minutes - Page 9 ANI SAMUELIAN, representing Nationwide Environmental Services, thanked the Council for giving all the contractors a fair chance to bid on the street sweeping services for the City of Huntington Beach. She stated her company looked forward to working in the city. MICHAEL RAMSEY spoke against eminent domain in the Holy-Seacliff Industrial Area. He informed Council that the property owners are hiring a redevelopment consultant to schedule a meeting with the City Council to discuss flaws in the reports done on the Holly Seacliff Industrial area. He stated that following a meeting with a representative of the Economic Development Department there seemed to be no guarantee of not having property taken by eminent domain, even if improvements are made. He expressed his desire to be pro -active, but that the city hinders his efforts. He stated that the Council works for the people and that it is the people whose point of view Council needs to hear. JACK WENZEL spoke against the proposed bluff bottom park area. He stated concerns relating to the removal of parking spaces on Pacific Coast Highway, including disruption of _adjacent neighborhood parking; that widening of Pacific Coast Highway is going to create a slaughter alley; as people are now killed on it. He recommended that consideration be given to putting Recreational Vehicle parking at Seapoint and Goidenwest Street in the oil area. TIM WETZEL spoke in opposition of the proposed bluff bottom parking project. Mr. Wetzel stated that the bluff bottom project should be put before the California Coastal Commission. He stated that the proposal goes against the city's General Plan and the Coastal Commission and questioned why current policy should be taken away. He expressed his opinion on how the city should not put recreational vehicle parking in its treasured open space. BRIAN R. DOUGLAS expressed his disbelief in the city's plan for eminent domain and the proposed bluff bottom camping area. He questioned who stood to gain on these issues. He stated that recreational vehicles do not belong on Pacific Coast Highway, and that the history of the city was being destroyed. Mr. Douglas stated that the Council was elected to fulfill the desires of the citizens, however, he believes the Council is going against the desires of the citizens. RHONDA JONES-PISANI spoke in opposition to the proposed bluff bottom development. She stated her concerns regarding the safety of crossing on Pacific Coast Highway should it be widened to six lanes, as it is currently dangerous crossing four lanes. She questioned whether the parking already established at Balsa Chica State Beach is filled to capacity, and whether more parking spaces should be developed. Ms. Jones -Pisani questioned how revenue is estimated and informed Council that she would like to review the figures. JOHN DEWITT stated he had been told by the Community Services Department that they should not speak on the bluff bottom parking area as it is not an agenda item. He stated that may be the reason some of the potential speakers left. He stated the project should not be rushed so as to avoid overlooking possible future problems, such as soil contamination, and limiting visitor automobile parking. He presented reasons in opposition to staffs memorandum on the issue, and informed Council that he would like to talk with Council on the subject. JIMMY SMITH thanked Council and city staff for their quick response to his request to remove the coke machines on the bluff top. He stated his opinion on the inappropriateness of the bluff bottom development and referred to the coastal community that is trying to rid itself of three 786 10118/99- Council/Agency Minutes - Page 10 lanes in each direction. He commented on the issues of the city not receiving its fair share of Orange County Transit Authority funding. He expressed his hope for a meeting or public forum on the proposed project. City Administrator Silver commented on the process followed in public notification of this issue. LAURIE BUSTER spoke in opposition to the proposed parking lot at the Pegasus School site. She stated reasons including lack of play area for the children, excessive exhaust fumes, lighting and aesthetic issues, and drainage run-off as reasons not to extend the parking lot on the school site. She informed Council that the Director of the school has stated that the school is near capacity which means the lot is not needed. GIL SCHAUER spoke in opposition of the proposed bluff bottom camping development. He expressed his opinion that it was a strange project for the city to undertake. He stated that the area would become a parking lot that would destroy the look and feel of the beach. He questioned how there will not be on an incredible rise in pedestrian injuries and deaths from 'the Pacific Coast Highway widening. BRYAN SCHAUER spoke against the proposed bluff bottom camping and parking development. He stated that Pacific Coast Highway (PCH), as a six -lane highway, would impact everyone who goes through the area, not just families living near Pacific Coast Highway. He stated that itwiil affect families and children trying to cross Pacific Coast Highway. He related that he had seen a three year old child almost hit crossing Pacific Coast Highway with his father. He stated the proposed development would negatively impact parking in the surrounding areas. Mr. Schauer commented that parking meters will need to be placed there later. DAVID COULTER questioned how many voters do the speakers opposing the bluff bottom parking represent. He stated that there was a majority of neighbors against the proposed bluff bottom camping development. Mr. Coulter questioned what the business perspective was behind such a project. He stated the project should not be given consideration unless it benefits the people. CHRIS CHAPUT expressed his opinion on the need for him to plan for his family, and the city staff's need to plan for the city. He spoke of his family, neighborhood, and the City of Huntington Beach, and stated that the proposed RV campsite does not fit the Huntington Beach lifestyle. He concluded by referring the public to visit the website www.savehuntingtonbeach.org. Mr. Chaput submitted to Council three photographs titled Golden West/Bolsa Chica/Bolsa Chica (beaches). DAVID GALLI spoke in opposition to the proposed Bluff Bottom Parking camping development. He stated concerns relating to the environment, aesthetics, safety, and property values. Mr. Gall! stated that a six -lane highway is not safe for children. He voiced concern over the dates of the future meetings, stating that Council should change the dates, which are now scheduled at holidays or spring break times to allow greater public comment_ 7S7 10118/99- Council/Agency Minutes - Page 11 VIRGINIA SIMS congratulated newspaper columnist Bill Borden on his recent column and requested comments from Mayor Pro Tem Garofalo on the matter. She inquired if the city firemen had ever received their raises. JOHN WEBB spoke in opposition to the issue of the proposed Bluff Bottom Parking project and his conversation with the Community Services Department regarding the Waterfront Project. Mr. Webb informed Council of the lack of timely notification regarding the bluff bottom project and the fact that notification was not given to renters. He stated his -neighborhood is greatly impacted by issues in the downtown area DEAN ALBRIGHT spoke in opposition of eminent domain. He stated that he had between 12- 1E positive responses to each of his letters that had been published in the newspaper. He commented that an individual must be debt -free to live in Huntington Beach, and that fair market value for a home is not sufficient if the person now has a new mortgage. He suggested Council take people's circumstances into consideration when voting for eminent .domain. He expressed concern for Jerry Galich who requires his property to carry him though illness. DON MCGEE spoke of excessive noise emanating from the downtown -pier plaza area during local festivities. He asked that the volume levels be lowered and reiterated that sound travels. In addition, he spoke on the need for eminent domain abstention and asked what about "big - box' abstention. Mr. McGee stated the need for the Ascon (NESI) dumpsite at Hamilton Avenue and Magnolia Street to be cleaned. CONNIE BOARDMAN spoke on the issue of HBTV-3 programming policy, stating that voter information issues should be aired as long as both sides of a local ballot issues are provided. She stated that HBTV-3 should be used for public education and the education of those in surrounding communities. She suggested a televised debate or other less formal structure. She spoke against eminent domain for commercial, private usage. BOB BOLEN expressed his distaste for eminent domain. He stated that had any of the Councilmembers run on the platform of eminent domain they would not have been elected. He stated that the city did not allow the owner of El Don Liquor Store to renovate his property and that it is the city's Civic Center that is blighted. JOHN ELY spoke regarding the request that he and John Scott had made several months ago requesting that the City Council take a position on the Orange County Sanitation District Environmental Impact Report. He stated that they had requested an extension of the 45 days response time. Mr. Ely informed Council that yesterday he had discovered that the Air Quality Management Department had not had time to review the Environmental Impact Report. Discussion was held between Mayor Pro Tem Garofalo, Councilmember Harman, Mr. Ely and City Administrator Silver regarding aspects of the matter as well as the elapsed response time. SELWA MOSTAFA spoke in opposition to the proposed bluff bottom camping development, based on stated personal and professional reasons as a civil engineer. She stated that what the city sees as little impact is actually a big impact for the residents of the city. Ms Mostafa stated that she would like to review some of the items that staff states have little impact such as geological soils, rupture of earthquake faults, soil erosion, grading of soil, and wind and water impact. Ms. Mostafa informed Council that there were many more and requested that persons get a copy of the negative declaration. 788 10/18199- Council/Agency Minutes - Page 12 ALTERNATIVE TO BE PRESENTED TO BLUFF BOTTOM PARKING - REQUEST FROM MAYOR PRO TEM GAROFALO Mayor Pro Tern Garofalo requested that staff prepare an alternative to the Bluff Bottom Parking project for presentation to Council at a future meeting. REPORT FROM POLICE CHIEF REGARDING DROP IN CRIME STATISTICS Police Chief Lowenberg reported on a newspaper article to which Mayor Pro Tern Garofalo had referred relative to the drop in crime rate statistics. GRAND OPENING OF BOEING SPACE CENTER Mayor Pro Tern Garofalo reported on his attendance of the grand opening at the Boeing .Corporation Space -Center. INDUSTRIAL PROPERTY - HOLLY SEACLIFF AREA Councilmember Harman commented on Mike Ramsey's offer to improve his property located in the Holly Seacliff industrial area. SCHEDULING OF TOWN HALL MEETING REQUESTED Councilmember Harman spoke regarding Mr. Jimmy Smith's suggestion that a town hall meeting be held on the Bluff Bottom Parking. He requested that City Administrator Silver make arrangements. Councilmember Harman offered to chair the town hall meeting. Councilmember Sullivan stated that he would like to see the public hearing on the Bluff Bottom Park issue moved from November 30, 1999 to January 3, 2000, ENVIRONMENTAL IMPACT REPORT ON ORANGE COUNTY SANITATION DISTRICT - PUBLIC INPUT PROCESS Councilmember Bauer requested to know if there had been a request from the City Council that the Orange County Sanitation District extend the deadline for public input on the Environmental Impact Report past 45 days. Councilmember Bauer spoke regarding the issue of the Air Quality Management District monitoring the Orange County Sanitation District project. Councilmember Harman expressed his concern with Mr. Ely's comments regarding the Environmental Impact Report public input process which had been conducted by the Orange County Sanitation District. 789 10118199- Council/Agency Minutes - Page 13 CABLE TV 3 POLICY REGARDING SCHOOL BOND ISSUES/CREST VIEW SCHOOL SITE ISSUE. Councilmember Sullivan expressed his concern regarding the public's concern that the school board had their opportunity to air their viewpoint on Cable TV 3 and that the persons on the other side of the issue had been unable to do so. BLUFF BOTTOM PARKING PROJECT City Administrator Silver requested direction from the City Councilmembers as to whether Council wishes him to set a town hall meeting on the Bluff Bottom Parking proposal. City Administrator Silver stated that he could set some type of meeting. Mayor Green inquired if the Brown Act is being violated in further discussing this issue as this item is not on the agenda. City Attorney Hutton stated that scheduling a time for a meeting is allowed as long as substantive discussion is not held on the subject. Mayor Green requested that Councilmember Harman place the subject on the agenda as a Council "H" item. Councilmember Dettloff stated that she would like only staff to be present and not the Planning Commissioners or City Councilmembers. CITY ADMINISTRATOR'S REPORTIEDWARDS STREET RESURFACINGIBOEING SPACE CENTER City Administrator Silver addressed Council regarding the temporary reduction of traffic lanes on Edwards Street and resurfacing. He directed the public to call the Public Works Corporation Yard for further information. City Administrator Silver informed Council of the success of the McDonald Center Business Park including the Boeing Space Center, which will provide job opportunities in the city of Huntington Beach. (CITY COUNCIL) ANNOUNCEMENT OF APPOINTMENT OF HUNTINGTON BEACH PUBLIC WORKS DIRECTOR ROBERT BEARDSLEY TO THE ORANGE COUNTY CITY ENGINEERS' FLOOD CONTROL ADVISORY COMMITTEE (550.70) The City Council received a communication from the City Administrator informing Council of the selection of Bob Beardsley, Public Works Director to serve on the Orange County City Engineers' Flood Control Advisory Committee as the representative for County Supervisorial District No. 2. Public Works Director Beardsley was selected from among four public works candidates from District No. 2 cities. The committee serves as the technical advisory group, which reviews improvement projects and recommends the allocation of monies to regional flood control programs. Huntington Beach, one of the largest cities in District No. 2, has a keen interest in the most effective development and improvement of the entire county flood control system because of the city's low-lying topography, its geographical location near the mouth of the Santa Ana river and the numerous regional flood control facilities traversing the city's boundaries. City Administrator Silver presented a report on the above subject. 790 10/18199- Council/Agency Minutes - Page 14 (CITY COUNCIL) REVIEWED & ACCEPTED CITY TREASURER'S AUGUST, 1999 INVESTMENT SUMMARY REPORT (310.20) A communication from the City Treasurer transmitting the Monthly Investment Report for August, 1999 had been distributed to Council at the meeting and announced by the City Clerk as a rate Communication. City Treasurer Freidenrich presented a staff report. A motion was made by Garofalo, second Sullivan 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 unanimously with Councilmember Julien recorded absent and Councilmember Bauer absent from the room. ABSTENTIONS FROM AGENDA ITEMS Mayor Pro Tern Garofalo and Councilmember Bauer stated their abstentions from the agenda item relating to the approval of agreement for legal services of the law firm of McDonough, Holland & Allen Regarding Block 104/105 — Owner Participation Agreement with CIM Company. Their abstentions were for the reasons stated on previous Council minutes. CONSENT CALENDAR - ITEMS REMOVED FOR SEPARATE DISCUSSION Council by unanimous consensus removed the following items from the Consent Calendar for separate discussion: Human Relations Task Force Proposed Committee Bylaws — Reappointment of Members Award and Approval of a Two Year Contract for Street Sweeping Services to Nationwide Environmental Services Resolution No. 99-22 — Memorandum of Understanding Between the City and the Huntington Beach Firefighters' Association Goals and Objectives for the Children's Needs Task Force and the Pilot After School Project at Ocean View High School CONSENT CALENDAR - ITEMS APPROVED On motion by Harman, second Green Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Julien 791 10118/99- Council/Agency Minutes - Page 15 Councilmembers Bauer and Garofalo requested that their abstention be recorded on the Consent Calendar item relative to the legal services with the Law Firm of McDonough, Holland and Allen regarding Block 104/105, (CITY COUNCIUREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of September 7, 1999 as written and on file in the Office of the City Clerk (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 15082 AND ACCEPTED THE PUBLIC IMPROVEMENTS — SHEA VICKERS RESIDENTIAL, LLC — S/O GARFIELD AVENUE — W/O GOLDENWEST STREET — (HOLLY-SEACLIFF SPECIFIC PLAN) (420.60) —1. Accepted the improvements constructed and dedicated for public use with Tract No. 15082; and 2. Released the Faithful Performance/Labor and Material 17-99-18 and Monument Bond No. 17-99-19 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accepted Maintenance Bond No. 17-99-18; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and, 4. Instructed the City Clerk to notify the Developer, Shea Vickers Residential, LLC, of this action, and the City Treasurer to notify the Surety, American Home Assurance Company, of this action and, 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. Earlier in the meeting, the City Clerk had announced that the following late communication on the above item had been provided to the City Council: Revised agenda page No. 5 to correct a typographical error on the recommended action. CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 15083 AND ACCEPTED THE PUBLIC IMPROVEMENTS — SHEA VICKERS RESIDENTIAL, LLC - W/O GOLDENWEST STREET — S/O GARFIELD AVENUE -- (HOLLY-SEACLIFF SPECIFIC PLAN) (420.60) —1. Accepted the improvements constructed and dedicated for public use with Tract No. 15083; and 2. Released the Faithful Performance/Labor and Material No. 17-99-20 and Monument Bond No. 18-20-91 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted the Maintenance Bond No. 17-99-20; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and 4. Instruct the City Clerk to notify the developer, Shea Vickers Residential, LLC, of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public lmprovements with the Orange County Recorder. (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 15084 AND ACCEPTED THE PUBLIC IMPROVEMENTS — SHEA VICKERS RESIDENTIAL, LLC — SIO GARFIELD AVENUE — W/O GOLDENWEST STREET — (HOLLY-SEACLIFF SPECIFIC PLAN) (420.60) — 1. Accepted the improvements constructed and dedicated for public use with Tract No. 15084; and Released the Faithful Performance/Labor and Material No. 18-20-92 and Monument Bond No. 18-20-93 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted the Maintenance Bond No. 18-20-92; the security furnished for guarantee and warranty improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the Developer, Shea Vickers Residential, LLC, of this action, and the City Treasurer to notify the surety, American Home Assurance Company, of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. 792 10118199- Council/Agency Minutes - Page 16 (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 15086 AND ACCEPT THE PUBLIC IMPROVEMENTS -- SHEA VICKERS RESIDENTIAL, LLC — SIO GARFIELD AVENUE — W/O GOLDENWEST STREET — (HOLLY-SEACLIFF SPECIFIC PLAN) (420.60) — 1 Accepted the improvements constructed and dedicated for public use with Tract No. 15086; and 2. Released the Faithful Perform ancelLabor and Material No. 18-20-94 and Monument Bond No. 18-20-95 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted Maintenance Bond No. 18-20-94; the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the Developer, Shea Vickers Residential, LLC, of this action, and the City Treasurer to notify the Surety, American Home Assurance Company, of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder. (CITY COUNCIL) APPROVED THE PROFESSIONAL SERVICES CONTRACT WITH PSOMAS & ASSOCIATES, INC. TO PROVIDE CONSULTATION FOR WATER & --iL11ASTEWATER ISSUES FOR THE BOLSA CHICA ANNEXATION — APPROVED MODIFICATIONS TO INSURANCE REQUIREMENTS (600.10) —1. Approved the Professional Services Contract Between the City of Huntington Beach and Psomas & Associates, Inc., to Provide Consulting Services on Water and Wastewater Issues for the Solsa Chica Annexation and 2. Approved modifications to insurance requirements as recommended by the Settlement Committee. (CITY COUNCIL) APPROVED FIRST AMENDMENT TO STRATEGIC ALLIANCE AND LONG TERM PARTNERSHIP AGREEMENT WITH COCA -COLA BOTTLING COMPANY OF SOUTHERN CALIFORNIA — RE: NOTIFICATION REQUIREMENTS (600.10) -- Approved the First Amendment to Strategic Alliance and Long Term Partnership Agreement Between the City of Huntington Beach and the Coca Cola Bottling Company of Southern California and authorized execution by the Mayor and City Clerk. (CITY COUNCIL) ADOPTED ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) — REGIONAL SURFACE TRANSPORTATION FUNDING PROGRAM (RSTP) ELIGIBILITY RESOLUTION NO. 99-91 (320.40) - Approved the attached City Resolution No. 99-91 confirming adherence to the Orange County Transportation Authority's Regional Surface Transportation Program policy requirements and amending City Resolution No.99-48 to include three additional transportation improvement projects. "A Resolution of the Huntington Beach City Council Amending the Seven -Year Capital Improvement Program and Approving the Submittal of Four Improvement Projects to the Orange County Transportation Authority for Funding Underthe Regional Surface Transportation Program." Works (1. McFadden Bridge and street improvements over 1-405; 2. Beach Boulevard street improvements at 1-405; and 3. Newland street improvements, from Pacific Coast Highway to Hamilton Avenue. 4. Warner Avenue street improvement at Gothard Street is currently included in city seven year CIP) (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-93 - AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FEDERAL AID PROGRAM SUPPLEMENT AGREEMENTS M006, M007, AND M008 FOR THE EDINGER AVENUE, WARNER AVENUE, AND HEIL AVENUE CONSTRUCTION IMPROVEMENTS; CC-1109 — STATE -AGENCY AGREEMENT NO. 12-5181 (600.20) - Adopted the attached Resolution No. 99-93 authorizing the execution of Program Supplement No. M006, M007, and M008 to our Administering State -Agency Agreement No. 12-5181 for Federal Aid Projects. 793 10118199- Council/Agency Minutes - Page 17 (CITY COUNCIL) APPROVED TWO AGREEMENTS FOR LEGAL SERVICES IN CONNECTION WITH COMMUNITY FACILITIES DISTRICT FOR THE WATERFRONT PROJECT — (1) BEST, BEST & KRIEGER (BOND COUNSEL) AND (2) QUINT & THIMMIG L.L.P. (DISCLOSURE COUNSEL) — APPROVED MODIFICATIONS TO INSURANCE REQUIREMENTS FOR QUINT & THIMMING AGREEMENT (600.10) — 1. Approved and authorized execution by the Mayor and City Clerk of the Agreement Between the City of Huntington Beach and Best, Best & Kreiger, Attorneys at Law, for Legal Services Regarding the Proposed Community Facilities District and 2. Approved and authorized execution by the Mayor and City Clerk of the Agreement Between the City of Huntington Beach and Quint & Thimmig, L.L.P., Attorneys at Law, for Legal Services Regarding the Proposed Community Facilities District and 3. Approved the insurance deductible of $50,000 for the professional liability insurance and waiver of the 30-day cancellation notice for Quint & Thimmig legal services agreement as recommended by the Settlement Committee. (REDEVELOPMENT AGENCY) APPROVAL OF AGREEMENT FOR LEGAL SERVICES WITH -THE LAW FIRM OF MCDONOUGH, HOLLAND & ALLEN RE: BLOCK 104/105 — OWNER PARTICIPATION AGREEMENT WITH CIM COMPANY (600.30) — Approved and authorized execution by the Chairman and Clerk of the Agreement Between the Redevelopment Agency of the City of Huntington Beach and McDonough, Holland & Allen for Legal Services. (Re: Lane et al vs. Redevelopment Agency & Citizens Against Redevelopment Excess vs. City) Councilmembers Bauer and Garofalo requested the City Clerk to record their abstention on the item relative to the agreement for legal services with the Law Firm of McDonough, Holland and Allen regarding Block 104/105. (CITY COUNCIL) APPROVED & EXECUTED A PROFESSIONAL SERVICES CONTRACT FOR AS -NEEDED CIVIL ENGINEERING SERVICES FOR WATER CAPITAL IMPROVEMENT PROJECTS — AKM CONSULTING ENGINEERS — APPROVE MODIFICATION TO INSURANCE REQUIREMENTS (600.10) — 1. Approved the Professional Services Contract Between the City of Huntington Beach and AKM Consulting Engineers for As -Needed Water Engineering Services, authorized the Director of Public Works to expend monies to cover. contract expenditures not to exceed $250,000 per contract year; and authorize the Mayor and City Clerk to execute said agreement. 2. Amended the requirement under Professional Liability insurance to allow a deductible not to exceed $25,000. (CITY COUNCIL) APPROVED CONSTRUCTION CONTRACT WITH SANCON ENGINEERING II FOR OLD TOWN SEWER PROJECT — PHASE 2 — CC-1096 (600.60) — Approved and authorized the Mayor and City Clerk to execute the agreement for the Old Town Sewer Project between the City and Sancon Engineering II. (CITY COUNCIL) APPROVED HUMAN RELATIONS TASK FORCE PROPOSED COMMITTEE BYLAWS —APPROVE REAPPOINTMENTS OF THE FOLLOWING MEMBERS BOGEN- 794 10118199- Council/Agency Minutes - Page 18 DOLTON-HUGHES-JACKLE-KAIN-RUBINSON 8, APPOINTMENTS OF GOLDENBERG- DOLTON-GEORGESON-MOOTCHNIK-WOODS-TORRES-YOSHII (110.20/570.70) The City Council considered a communication from the Director of Organizational Effectiveness recommending the reappointment of the following six residents to serve a four year term beginning on October 18, 1999 and ending on October 18, 2003. Councilmember Dettloff commended the appointees for their service on the Human Relations Task Force. A motion was made by Dettloff, second Garofalo to approve the following recommended actions: 1. Reappoint the following six residents to serve a four year term beginning on October 18, 1999 and ending on October 18, 2003: Jean Bogen, Kay Dalton, Mary Lou Hughes, Karen Jackle, Vickie Kain, and Andy Rubinson. 2. Appoint the following seven residents to serve a four year term beginning on October 18, 1999 and ending on October . 18, 2003: Charles Goldenberg, Terry Dolton, Kris Georgeson, Bobbe Mootchnik, Janet Woods, Raphael Torres, and Roy Yoshii, 3. Approved the proposed by-laws. The motion carried unanimously with Councilmember Julien recorded absent. (CITY COUNCIL) AWARDED AND APPROVED A TWO YEAR CONTRACT FOR STREET SWEEPING SERVICES TO NATIONWIDE ENVIRONMENTAL SERVICES — MSC-379 (600, 90) (City Administrator Silver informed Council of a minor change to the contract for street sweeping services.) The City Council considered a communication from the Director of Organizational Effectiveness, Director of Public Works, and Director of Administrative Services recommending award and approval of the two year contract for street sweeping to National Wide Environmental Services. Earlier in the meeting, the City Clerk had announced that the following late communications on this item had been provided to the City Council: Request for Proposal (RFP) for Street Sweeping Services from Department of Public Works; Communication from the City Attorney dated November 18, 1999 titled Agenda Item E-13, City Council Meeting of October 18, 1999 Street Sweeping Contract. Councilmember Garofalo requested the City Administrator to ensure that public notification procedures are met, including coverage on the Mayors television program regarding the street sweeping program. City Administrator Silver concurred and stated that there will be a 60-day grace period before tickets for non-compliance would be issued. Councilmember Harman stated he would like an action plan for the street -sweeping program and the City Administrator stated he will prepare a memo for the City Council. 795 10/18199- Council/Agency Minutes - Page 19 A motion was made by Garofalo, second Harman to approve the following recommend action as amended to include the wording as set forth in the City Attorney's memorandum on this matter, announced earlier in the meeting by the City Clerk, as follows: The bid specifications, referenced in the contract as "Attachment 1" and not included in the Request for Council Action, The City Council previously reviewed and approved the bid specifications at its May 3, 1999 meeting. 2. A revised Page No. 6 to the contract, which has been initialed by the Contractor and approved a to form by my office. This revised Page No. 6 supersedes the Page No. 6 in the contract attached to the Request for Council Action, and solves the debt limitations problem discussed in my memorandum transmitted to the City Council earlier today. The motion carried by the following roll call vote: AYES: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: Norie ABSENT: Julien Public Works Director Beardsley responded to Councilmember Bauer regarding the school that has a problem with parking. He stated that school representatives could call his office regarding the difficulty of removal of cars for street sweeping. (CITY COUNCIL) APPROVED AND ADOPTED RESOLUTION NO. 99-22 - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE HUNTINGTON BEACH FIREFIGHTERS' ASSOCIATION (720.20) The City Council considered a communication from the Director of Administrative Services transmitting Resolution No. 99-22 - A memorandum of understanding between the city and the Huntington Beach Firefighters' Association. A motion was made by Garofalo, second Green to approve the following recommended action. 1. Adopt Resolution No. 99-22 — "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Firefightees Association (FA) and the City of Huntington Beach for 1011197 - 9130/2000." 2. Authorize the appropriation of $450,000 to pay the increased salary and benefit costs for 1997/98 and 1998/99 Councilmember Sullivan stated that he believes the memorandum of understanding represents a fair contract; however, he can not support it as it contains retroactivity. The motion made by Garofalo, second Green carried by the following roll call vote: AYES: Bauer, Garofalo, Green Dettloff, Harman NOES: Sullivan ABSENT: Julien 796 10118199- Council/Agency Minutes - Page 20 (CITY COUNCIL) APPROVED THE GOALS AND OBJECTIVES FOR THE CHILDREN'S NEEDS TASK FORCE AND THE PILOT AFTER SCHOOL PROJECT AT OCEAN VIEW HIGH SCHOOL (570.70) The City Council considered a communication from the Director of Organizational Effectiveness and the Community Services Director relative to the Goals and Objectives for the Children's Needs Task Force and participation in the initial pilot after -school project at Ocean View High School. Councilmember Dettloff reported on this agenda item. She spoke regarding the goals for this project. Councilmember Sullivan reported on the project as he and Councilmember Dettloff had served on this Council Committee. He spoke regarding their focus, with the help the Police Department_ He reported on the PAL Program, where students help other students. Councilmember Suflivan stated that the McKuen family has underwritten the student art project. He spoke regarding other joint efforts between the community agencies that are being Made. Councilmember Bauer spoke regarding the program at Oak View School which is sponsored by a family in the Newport Beach area. A motion was made by Dettloff, second Bauer to approve the goals and objectives as follows: 1. Approve the Goals and Objectives for the Children's Needs Task Force as submitted in (Attachment No. 1) to the Request for Council Action dated October 18, 1999, and 2. Approve support for, and participation in the initial pilot after -school project at Ocean View High School. The motion carried by the following roll call vote: AYES: Bauer, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Julien, Garofalo (CITY COUNCIL) APPROVED FIVE CONTRACTS — (1) J.D. EDWARDS WORLD SOLUTIONS(2) DELOITTE & TOUCHE (3) AVNET COMPUTERS (4) VERTEX INC. (5) INFOSYS BUSINESS SOLUTIONS — FUNDING AND ACQUISITION OF ENTERPRISE RESOURCE PLANNING BUSINESS SYSTEMS SOFTWARE, HARDWARE, AND CONSULTING SERVICES — APPROVED ADDITION OF DEPARTMENT ANALYST SR. & ADMINISTRATIVE SECRETARY — APPROVED MODIFICATIONS TO INSURANCE REQUIREMENTS (600.10) The City Council considered a communication from the Fire Chief, Administrative Services Director, and the City Treasurer regarding the need to replace the city's current business system hardware and software and presenting five contracts to effectuate this goal. Also presented for Council approval was the request for addition of Department Analyst Senior and Administrative Secretary as well as approval to modify the insurance requirement. 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 presentation titled Acquisition of Enterprise Resource Planning System for the City of Huntington Beach, dated October 18, 1999 from Fire Chief Dolder. 797 10118199- Council/Agency Minutes - Page 21 Fire Chief Dolder presented a staff slide report. He reported at length and presented reasons for the staffs recommendations. City Treasurer Freidenrich reported on how the integrated software will assist processing account transactions. She stated that it will assist in protecting the city's assets. John Reekstin, Administrative Services Director, reported on the financial aspects of the proposal. He reported on the project phases. Fire Chief Dodler concluded the staff report. He reviewed the recommended actions. A motion was made by Dettloff, second Bauer to approve the following recommended actions as amended: 1. Appropriate $870,238 to the ERP Business System software implementation from the -- following funds: $511,623 in Equipment Replacement fund bankruptcy recovery revenue, $272,277 in unexpended FY 1998199 Equipment Replacement fund revenue, and $86,338 in Capital projects fund bankruptcy recovery revenue. 2. A) A contract with J.D. Edwards World Solutions for Software Services and Maintenance totaling $1,236,976. B) A contract with Deloitte & Touche, LLP for J.D. Edwards Enterprise Software Application and Implementation totaling $1,934,834.18 including a revision capping consultant's liability to the City under the Hold Harmless provision of the contract at $6,000,000. C) An agreement with Avnet Computers to provide Conference Room Pilot Implementation and Configurable Network Computing consulting totaling $415,288.11. including changing the standard Hold Harmless language limiting scope to professional services and capping the exposure to the aggregate value of the contract totaling $415,288.11, D) An agreement with Vertex Inc. for payroll tax software and maintenance totaling $12,765. E) A contract with lnfosys Business Solutions for supplying contract personnel to provide automation services for maintaining and converting existing business system software, and automation services for Building & Safety operating systems for time and materials not to exceed $240,000. 3. Amend the FY 1999/2000 budget by adding one Department Analyst Senior position to the Fire Department and one Administrative Secretary position to the Administrative Services Department, funded within the ERP project budget. 4. Authorize the Fire Chief and Administrative Services Director to enter into, on behalf of the City, all supplemental agreements or documents with J.D. Edwards; Deloitte & Touche, LLP; Avnet Computers; Vertex Inc.; and Infosys Business Solutions, LLC, necessary to implement the services and/or arrangements with these companies and enter into any amendments to the agreements with these companies, which do not exceed $50,000 and fall within the total project budget with Approval As To Form of the City Attorney. 798 10118199- Council/Agency Minutes - Page 22 Further discussion was held. Councilmember Garofalo requested that some technology be provided to the City Council. Assistant City Administrator Fallon and City Administrator Silver informed Council that the issue of providing technology to the City Councilmembers will be addressed when the Director of Organizational Effectiveness has finished studying the agenda process and the RCA (Request for Council Action) document process. Councilmember Sullivan commended the staff and the Fire Chief who have worked so hard on this project. The motion made by Dettloff, second Bauer carried by the following roll call vote: AYES: Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Julien (CITY COUNCIL) APPROVED REQUEST FOR PROPOSALS (RFP) FOR PROFESSIONAL PUBLIC INFORMATION & COMMUNITY OUTREACH CONSULTING SERVICES FOR THE INFRASTRUCTURE IMPROVEMENT PROGRAM & AUTHORIZED DISTRIBUTION OF REQUEST FOR PROPOSALS -- APPROVE MODIFICATION TO INSURANCE REQUIREMENTS (600.10) The City Council considered a communication continued from September 20, 1999 from Deputy City Administrator -Public Information Officer Rich Barnard requesting Council authorization to distribute Requests for Proposals for a professional consulting firm to provide public information and community outreach services for the Infrastructure Improvement Program. The Citizen Infrastructure Advisory Committee supports this recommendation. Public Works Director Beardsley presented a staff report. Councilmember Bauer spoke regarding the agenda item. He stated that he would like to review some of the 21 items that he has gathered on these issues. A motion was made by Dettloff, second Garofalo to approve the following recommended action: 1. Approve the Request for Proposals (RFP) dated September 22, 1999 for professional consulting services for a Public Information and Community Outreach Program for the Infrastructure Improvement Program and authorize the deletion of Professional Liability Insurance Requirements as recommended by the City's Settlement Committee. and 2. Authorize the City Administrator to distribute the RFP and return at a future date to the City Council with a recommended firm to provide professional public information & community outreach consulting services for the Infrastructure Improvement Program with the only caveat being that there be a monthly financial report to the City Council on how the expenditures are allocated. 799 10/18/99- Council/Agency Minutes - Page 23 The motion carried by unanimous vote with Councilmember Julien recorded absent and Councilmember Green absent from the room. A financial report was requested by Council on this matter. (CITY COUNCIL) APPROVED 1999 PROPOSED TRAFFIC SIGNAL INSTALLATION PRIORITY LIST & DIRECT STAFF TO STUDY ALTERNATIVES TO TRAFFIC SIGNAL INSTALLATION AT ADAM SIM ERVYN'SITARG ET DRIVEWAYS & BROOKHURSTITARGETISTATER BROTHERS DRIVEWAYS —REPORT REQUESTED (580.10) The City Council considered a communication continued from September 20, 1999 from the Director of Public Works transmitting the Huntington Beach Public Works Department Proposed 1999 Traffic Signal installation Priority List for Council approval. Councilmember Harman presented questions regarding the priority list. He requested information regarding the Mervyn's driveway. Tom Brohard, Junior Engineer, reported that the Public Works Department would like to look at alternatives and evaluate the two driveways. Councilmember Bauer stated that he would like to meet on the signals listed from Number 12 forward on the Request for Council Action. Councilmember Sullivan spoke regarding the recent articles in the Los Angeles Times regarding permissive left -turn green signals in the city. He stated that he would like to see the Los Angeles Times data collected on the subject made available to the Public Works Department, Public Works Director Beardsley stated that they are in the process of converting some back because of high accident rates. Junior Engineer Tom Brohard reported on his discussions with the Los Angeles Times while the article was being prepared. He reported on the status of the intersections and the nine intersections pending with CalTrans. A motion was made by Garofalo, second Dettloff to approve the following recommended action: Approve the Huntington Beach Public Works Department 1999 Proposed Traffic Signal Installation Priority List, and direct staff to study alternatives to traffic signal installation at Adams/Mervyn'slTarget driveways and at Brookhurst/Target/Stater Brothers driveways. The motion carried by the following roll call vote: AYES: Bauer, Garofalo, Green Dettloff, Harman, Sullilvan NOES: None ABSENT: Julien AM] 10118/99- Council/Agency Minutes - Page 24 (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3436 — 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 adoption of Ordinance No. 3436. A communication and map regarding Ordinance No. 3436 titled Residential Eminent Domain Overlay Map, dated October 18, 1999 from Gus Duran, Housing and Redevelopment Manager had been announced earlier in the meeting during Late Communications by the City Clerk. Councilmember Garofalo and Councilmember Bauer recused themselves due a possible :conflict of interest— Councilmember Harman spoke about the one property left that may have eminent domain imposed. He stated that the redevelopment will improve the area and create a substantial revenue base. Councilmember Dettloff spoke regarding the improvements that will be made in the area. Councilmember Sullivan spoke regarding the need to appeal to people to visit downtown and that this development will be able to assist the city. Mayor Green stated that the people will be relocated, not evicted from the apartments; that there will be a fair price paid to the owner. A motion was made by Harman, second Dettloff to approve the adoption of Ordinance No. 3436 after City Clerk reads by title. "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: Garofalo, Bauer, ABSENT: Julien (CITY COUNCIL) EXPLORATION OF METHODS FOR HUNTINGTON BEACH TO GAIN DIRECT REPRESENTATION ON THE ORANGE COUNTY TRANSPORTATION AUTHORITY (800.45) The City Council considered a communication from Councilmember Ralph Bauer submitting two recommendations to Council relative to the new legislation being proposed in Sacramento to reduce the 2/3 majority vote Measure "M" Fund approval to a simple majority vote, which may serve as an opportunity for Huntington Beach to approach OCTA to see. how Huntington Ulm 10118199- Council/Agency Minutes - Page 25 Beach might obtain direct representation. Note: This recommended action has been approved by the Intergovernmental Affairs Committee at its September 21, 1999 meeting. The two recommendations are as follows: 1. Double the number of cities having direct representation. This would result in five additional members to OCTA and increase direct city representation from five to ten. The Orange County Board of Supervisors membership would remain at four and the at -large and citizen representatives would remain at one each. 2. Make membership from the cities rotational so that eventually each city is represented at least once. Councilmember Bauer presented reasons why he had placed this item on the City Council ,agenda. Discussion was held. A motion was made by Bauer, second Garofalo to request that the Mayor make contact with the Chairman of the Orange County Transportation Authority to explore ways by which Huntington Beach can obtain direct representation. The motion carried unanimously. (CITY COUNCIL) REQUEST THAT MAYOR GREEN APPOINT MAYOR PRO TEM GAROFALO AS AN ADDITIONAL CITY COUNCIL MEMBER TO ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) (600.40) The City Council considered a communication from Councilmember Ralph Bauer informing the Council that with the designation of Huntington Beach as a member of the Southern California Association of Governments (SCAG), the City is now entitled to a City seat on the Orange County Council of Governments (OCCOG). Further, that he is currently serving as an at -large member, he recommends that the Mayor solicit and appoint another City Councilmember to serve as the City representative to the Orange County Council of Governments. A motion was made by Garofalo, second Green to appoint Mayor Pro Tern Garofalo to serve as the City representative to the Orange County Council of Governments. The motion carried unanimously with Councilmember Julien absent. (CITY COUNCIL) APPROVED ENVIRONMENTAL REVIEW BOARD REQUEST THAT CITY COUNCIL TAKE A FORMAL POSITION AGAINST APPEAL FILED BY THE CALIFORNIA COASTAL COMMISSION OF COASTAL DEVELOPMENT PERMIT NO. 99-5 FOR PHASE 2 OF THE OCEAN GRAND RESORT PROJECT (600.30) The City Council considered a communication from Mayor Green regarding the position of the Environmental Board relative to the appeal filed by the California Coastal Commission of the Coastal Development Permit for Phase 2 of the Ocean Grand Resort Project and the Environmental Review Board request that Council take a formal position against the appeal of Coastal Development Permit No. 99-5. 802 10h8/99- Council/Agency Minutes - Page 26 Mayor Green's communication advised that the Environmental Board understands that the Coastal Commission will be reviewing Coastal Development Permit No. 99-5 (CDP) that approved fill activities for Phase 2 of the Ocean Grand Resort Project for consistency with the City's Certified Coastal Plan policy concerning displacement of coastal wetlands by residential uses. The Environmental Board believes that the benefits of the approved mitigation to alleviate the project's impact on waters and wetlands more than offsets the loss of degraded and non-functioning wetlands on the project site. The Environmental Board would like the City Council to take a formal position against the appeal of Coastal Development Permit No. 99-5. A motion was made by Green, second Garofalo to approve the following recommended actions: 1. Authorize the Mayor to send a letter to the California Coastal Commission stating that the City of Huntington Beach does not support the appeal filed by the California Coastal Commission of Coastal Development Permit No. 99-5 for Phase 2 of the Ocean Grand Resort Project and 2. Direct staff to prepare a letter to the California Coastal Commission for the Mayor's signature. The motion carried unanimously with Councilmember Julien recorded absent. (CITY COUNCIL) DENIED COUNCILMEMBER SULLIVAN'S REQUEST FOR RECONSIDERATION OF DENIAL OF JANUARY SPECIAL MUNICIPAL ELECTION ON INITIATIVE PETITION RELATIVE TO REZONE OF THE CRESTVIEW CLOSED SCHOOL SITE (620.30) The City Council considered a communication from Councilmember Dave Sullivan submitting the following: Statement of Issue: On October 4, 1999, the City Council voted to deny a January election to almost 16,000 voters who satisfied the legal requirements for such an election. Earlier in the meeting, the City Clerk had announced that the following late communications on this item had been provided to the City Council: 1. Communication from Councilmember Sullivan, dated October 10, 1999, requesting for reconsideration of denial of January Special Municipal election on initiative petition relative to rezone of the Crest View closed school site; 2. Communication from Bob Polkow, dated October 17, 1999, regarding Agendized Item H-3, Monday, October 18, 1999 (Request for Reconsideration of Denial of January Special Municipal Election on Initiative Petition). Councilmember Sullivan presented reasons why he would like a Councilmember from the prevailing side of the motion at the last meeting to reconsider the Council's last motion on this item. Councilmember Harman stated that he was on the prevailing side at the last vote on this matter as he wanted to have an election. A motion was made by Harman to reconsider the action taken at the last Council meeting setting the election on the initiative petition for the March 7, 2000 Council meeting. The motion received a second from Councilmember Sullivan. 803 10118199- Council/Agency Minutes - Page 27 The motion made by Harman, second by Sullivan failed by the following tie vote: AYES: Green, Harman, Sullivan NOES: Bauer, Garofalo, Dettloff ABSENT: Julien PROPERTY TAX OVERRIDE Councilmember Sullivan spoke regarding the property tax override for city employee benefits, stating that he has seen a memorandum stating that the property tax can be reduced and then place up to the previous level again should it be necessary. COUNCIL/AGENCY ADJOURNMENT To Monday, November 1, 1999, at 4:30 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California and to Wednesday, November 3, 1999, at 7:30 a.m., at Quicksilver, 15202 Graham Street, Huntington Beach, California to meet with the Economic Development Task Force (Red Team), ATTEST: L<^-- � �� City Clerk/Clerk z �-� City Clerk and ex-officio Clerk of A City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor/Chairman 804 H CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CrrY CLERK CALL FOR SPECIAL MEETING CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH MONDAY, OCTOBER 18, 1999 Peter Green, Mayor/Chairman Ralph Bauer, Council/Agency Member Shirley Dettloff, Council/Agency Member Dave Garofalo, Council/Agency Member Peter Green, Council/Agency Member Tom Harman, Council/Agency Member Dave Sullivan, Council/Agency Member CALIFORNIA 92648 You are hereby notified that a Special Meeting of the Huntington Beach City Council and Redevelopment Agency of the City of Huntington Beach, California, is called for and will be held at City Hall, 2000 Main Street, Huntington Beach, CA 92648 in the Lower Level, Room B8 at the hour of 4:30 p.m., Monday, October 18, 1999. The meeting will consider the role of the City Council liaisons and the appointment process for City Council liaisons to the Public Works Commission. Dated: October 8, 1999 4�4G ATTEST: City Clerk/Clerk I Mayor/Chairman l hereby certify that I received the above notice, "Call of Special Meeting of the Huntington Beach City Council/Redevelopment Agency," prior to 4:30 p.m. Sunday, October 17, 1999. Mayor/Chairman G:Specmtg.doc 1 Telephone: 7 74536-5227)