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HomeMy WebLinkAbout1999-11-01MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 4:30 P.M.- 5:00 P.M. - Room B-8 (Adjourned Meeting) 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, November 1, 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. CALL TO ORDER Mayor Green called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 4:33 p.m. in Room B-8 Civic Center. (The adjourned meeting is the portion of the meeting from 4:30 p.m. to 5:00 p.m. At 5:00 p.m. the regular meeting of the City Council and the Redevelopment Agency commences.) CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Garofalo, Dettloff, Green, (Bauer arrived at 4:34 p.m.; Harman arrived at 4:45 p.m.; Sullivan arrived at 4:36 p.m.) Absent: None PUBLIC COMMENTS REGARDING STUDY SESSIONS & CLOSED SESSION AGENDA ITEMS RUSSELL REINHART, Police Officer, informed Council that he believes the labor relations meet and confer issues can easily be resolved if the difficulty in setting up meetings between the parties who can resolve the issues can be corrected. City Administrator Silver reported on the matter. BARBARA NGUYEN congratulated staff for developing the proposed police directed towing ordinance. She recommended that the section of the ordinance that requires that the establishment owner maintain a storage yard within the city limits be modified. She informed Council that there are other cities that require a certain distance from the city hall rather than a requirement that the storage yard be maintained within the city limits. BOB MANDIC informed Council that he had provided information to the Council which had not been placed in the agenda packet. He presented reasons why he did not believe there is a 805 11/01/1999 - Council/Agency Minutes - Page 2 need for a police directed towing ordinance. He stated that the services now provided by the towing companies are the best in Southern California. JOHN VAUGHN, representing Best Towing, spoke regarding the rules and regulations he met when he began business in 1985, stating that they are very well set out. He spoke regarding the great amount of money he has expended to meet city code requirements. Mr. Vaughn informed Council that he believes it is important for the storage yard to be in the city for the customers' benefit. He addressed Council regarding the proposed fee schedule and presented criteria regarding a change to the two -axle vehicle standards and a proposed requirement for big rigs. CITY CLERK ANNOUNCES LATE COMMUNICATION WHICH PERTAIN TO ITEMS ON THE AGENDA REGARDING THE STUDY SESSION (530.30) 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. Communication from the Law Offices of Rose Marie Hollander representing Karen Pederson titled Regarding Study Session November 1, 1999 dated October 27, 1999 outlining specific problems she has found in the Legislative Draft, the Request for Bids and the proposed Franchise Agreement for the Proposed Police Department Directed Towing Ordinance. This communication was also announced later in the meeting during the announcement of Late Communications by the City Clerk. Deputy City Attorney Jennifer McGrath responded to the section of the vehicle code regarding fees to which Mayor Pro Tern Garofalo had inquired. Further discussion was held between the City Councilmembers and Police Chief Lowenberg regarding the subject. City Attorney to Prepare Report Regarding Police Directed Towing Ordinance City Attorney Hutton reported that she would return with a report on the legal aspects of the matter which had been referred to at this meeting and which her office must study. (CITY COUNCIL) STUDY SESSION — PROPOSED POLICE DEPARTMENT DIRECTED TOWING ORDINANCE — REPORTS REQUESTED (530.30) A study session was held by City Councilmembers on the proposed Police Department directed towing ordinance. Material which had been provided to the Council included a slide report presentation titled Police Department Tow Ordinance Proposal. With this police report was a draft Request for Council Action titled Tow Service Agreement together with a proposed draft ordinance titled Motor Vehicle Towing Service. The slide report contained topics which included current tow companies; current tow arrangements; draw -backs to current method of operations; basic concepts of proposed tow ordinance; police department activity resulting in the tow and storage of a vehicle; financial 806 11/0111999 - Council/Agency Minutes - Page 3 aspects; financial benefits under the proposed ordinance; what other Orange County cities are doing; what other area cities are doing; and a conclusion. Police Chief Lowenberg presented a slide report. The slide report was reported upon by Police Office Lloyd Edwards. In response to Council, Officer Edwards stated that the Police Department would like to have agreements between the City and police directed tow companies. City Attorney Hutton informed Council that her office has made determinations regarding the matter of such agreements. Discussion was held between Mayor Green and Officer Edwards regarding the terms of such proposed agreements. Mayor Green stated that the agreement terms need to be made more clear and also consideration must be made as to the investments which have been made by the current tow companies. Discussion was held between Councilmember Harman and Officer Edwards regarding the revocation of Huntington Auto Company's towing ability. Officer Edwards continued with the slide presentation. Mayor Green presented reasons why he believes the City Attorney must report on the $25 fee to be remitted to the city from tow companies for each vehicle towed. The City Attorney reported on the subject of the city's involvement in police directed towing. Councilmember Harman questioned what the connection is between the fees collected and the services rendered by the Police Department and can it be justified under the State Vehicle Code provisions. Police Chief Lowenberg reported on the fee issue and the need to obtain approval by the City Attorney's Office. Deputy City Attorney McGrath stated her agreement with Councilmember Harman that the civil vehicle code section does need to be studied as this civil vehicle code was just brought to the City Attorney's Office's attention on October 29, 1999. Mayor Pro Tern Garofalo stated that he believes there needs to be a lower fee for the person who arrives immediately to pick up a car which has been towed. At Mayor Pro Tern Garofalo's request Mr. Mandic estimated the time frames relating to the length of time cars remain on his lot. Mr. Mandic explained the lien sales. He informed Council that tow companies cannot sell boats and the destruction of boats must be paid for by the tow company. Request for Report Regarding Statistics on Towed Vehicles Mayor Green requested that a report on the monthly averages of towed vehicles be made and Officer Edwards stated that this would be done. League of California Cities to be Contacted Re: Tow Ordinance Subject Mayor Green stated that to be correct, the slide presentation should show that 19 cities do not have fees. Mayor Green requested information as to all the cities which were contacted. 807 11/01/1999 - Council/Agency Minutes - Page 4 Officer Edwards continued with the slide report. He informed Mayor Green that the League of Cities would be contacted per Mayor Green's request. The complaints received on Huntington Auto Company were commented on by Officer Edwards. Councilmember Harman requested to know what are the Police Department's reasons for recommending that the yard must be in the city, and Officer Edwards reported. City Councilmember Participation in Future Proposed Tow Ordinance Meetings Mayor Green requested that Councilmember Harman and he be included in future tow ordinance meetings between the Police Department tow operators and proposed tow operators. Report Requested Regarding Fee From Tow Operator Councilmember Julien requested a report regarding the Police Department recommendations to take a fee from the tow operator. Mr. Bob Mandic, representing Mandic Motors, spoke regarding the fact that the fees collected by the tow company were not a sudden wind -fall to the companies. 5:00 P.M. REGULAR MEETING OF THE CITY COUNCIL MEETING COMMENCED (CITY COUNCIL) STUDY SESSION — PRESENTATION BY REPRESENTATIVES OF ORANGE COUNTY SANITATION DISTRICT/PLANT 02 FACILITY (1020.70) - The City Council received a presentation by the Orange County Sanitation District representatives regarding plans for the landscape planting to beautify and screen the sanitation District Plant No. 2 facility. The following communication had been distributed in the City Council packet; Communication from City Administrator Ray Silver to the City Councilmembers dated October 28, 1999 titled Study Session on November 1, 1999 with Orange County Sanitation District Regarding Landscape Screening of Facilities. City Administrator Silver informed the City Councilmembers that the State Department of Fish and Game representative had called his office to inform Council of their inability to be in attendance at this Council meeting. The following material was presented to the City Council by a representative of the Orange County Sanitation District: communication from the Orange County Sanitation District dated November 1, 1999 titled Correspondence Regarding Landscaping at South Boundary of Plan Number Two. This communication contained the following materials: September 14, 1999 letter from Huntington Beach Wetlands Conservancy to OCSD regarding Landscaping Plant Species. 11/01/1999 - Council/Agency Minutes - Page 5 August 31, 1999 letter from SEHBNA to OCSD with suggestions regarding Landscape Design August 17, 1999 letter from OCSD to City of Huntington Beach regarding Status Of Landscaping plans. August 28, 1998 letter from OCSD to city of Hunting Beach regarding Status Of Landscape Plans: attachemnt. May 13, 1998 recommendations from Department of Fish and Game. June 12, 1998 letter from OCSD to City of Huntington Beach regarding Department of Fish and Game Recommendations For Landscaping. May 1, 1998 letter for OCSD to Department of Fish and Game regarding Review Of Draft Landscape Plans. April 30, 1998 letter from OCSD to City of Huntington Beach regarding Review Of Landscape 'Plans. Donald McIntyre, General Manager for the Orange County Sanitation District, informed Council that he was present to comment regarding the landscaping issue. Discussion was held between Councilmembers and Mr. McIntyre, General Manager for the Orange County Sanitation District, Mr. Hurberg of the State Department of Fish and Game, and Mr.Ludwin, Director of Engineering, Orange County Sanitation District. Four photographs of the site were distributed to Council. Mr. Hurberg presented a slide report. Councilmember Dettloff suggested that she and Mayor Green meet with Mr. Bob Height from the State Department of Fish and Game regarding the issue. Councilmember Harman requested that the city's legislative representatives be called upon for assistance. Discussion was held regarding the matter of the feasibility of the Orange County Sanitation District appealing the determination which had been made by the State Department of Fish and Game. Mr. Hurberg of the State Department of Fish and Game referred to the renderings and the material distributed to Council. The Councilmembers expressed their dissatisfaction with the lack of attendance by representatives of the State Department of Fish and Game at this meeting. Mayor Green requested that the City Administrator write Mr. Hurberg of the State Department of Fish and Game regarding Council's opinion. David Ludwin Director of Engineering, Orange County Sanitation District, addressed Council regarding issues pertaining to temporary landscaping of their facilities. MOTION TO RECESS TO CLOSED SESSION A motion was made by Garofalo, second Harman to recess to Closed Session the following items: The motion carried by unanimous vote. :I' 11/01/1999 - Council/Agency Minutes - Page 6 (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, and Richard Whitmore, Esquire, Whitmore, Johnson and Bolanos regarding labor relations matters - meet and confer with the following employee organizations: MSOA, POA, PMA, MEA, MEO, HBFA and SCLEA. (120.80) (Redevelopment Agency) Closed Session — Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the agency's negotiators, Melanie Fallon, David Biggs, Ray Silver, Jim Rabe, Murray Kane, and regarding negotiations with Brian Ezralow and Doug Gray, concerning the purchase/sale/or lease of the property located at 7777 Edinger Avenue. Instruction will concern: Both price and terms of payment. Subject: Negotiation for terms of a proposed Purchase, Sale or lease of property at 7777 Edinger Avenue. (400.50) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its city attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Matteson v. City of Huntington Beach, et al.; Subject: Matteson v. City of Huntington Beach, et al. (120.80) (Redevelopment Agency) Closed Session — Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the agency is a party. The title of the litigation is Mulligan v. Redevelopment Agency; Subject: Mulligan v. Redevelopment Agency (400.50) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its city 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. Weir Oil, et al.; Subject: City of Huntington Beach v. Weir Oil, et al. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its city 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. Anderson, et al.; Subject: City of Huntington Beach v. Anderson, et al. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its city 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. Scott, et al., Subject: City of Huntington Beach v. Scott, et al. (120.80) RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING Mayor Green reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:25 p.m. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL 810 11/01/1999 - Council/Agency Minutes - Page 7 Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None FLAG CEREMONY AND PLEDGE ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by Mayor Green. INVOCATION The invocation was offered by Father Bruce Patterson, St. Bonaventure Church, Huntington Beach. CONDOLENCES TO FAMILIES OF LOVED ONE WHO PERISHED IN THE RECENT AIRLINE DISASTER (120.70) Mayor Green and the City Councilmembers expressed their condolences to the family members of the four Huntington Beach residents who died in the tragic air crash on Sunday. CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Communication from the Orange County Sanitation District dated November 1, 1999 titled Correspondence regarding Landscaping for South Boundary of Plant No..2. Communication from the Law Offices of Rose Marie Hollander representing Karen Pederson, Huntington Auto Company, titled Regarding Study Session November 1, 1999 dated October 27, 1999 outlining specific problems she has found in the Legislative Draft, the Request for Bids and the proposed Franchise Agreement for the Proposed Police Department Directed Towing Ordinance. Communication from Councilmember Dettloff and Councilmember Julien titled Status Report on South Beach - Phase One - Phase I Public Art Element. Slide show presentation from the City Treasurer dated November 1, 1999 titled Treasurer's Report. Communication from the City Treasurer dated November 1, 1999 transmitting City.of Huntington Beach Investment Advisory Board (IAB) Annual Report to the City Council for the Period October 1, 1998 to September 30, 1999. Slide show presentation from the Planning Director dated November 1, 1999 entitled Zoning Map Amendment No. 99-3. Communication from Ed Laird, Planning Commissioner dated October 29, 1999 in support of the proposed vacating of the alley between 1209 & 1215 Park Street. Communication from Frank and Laura Kurisu and Mike and Linda Ester dated November 1, 1999 in support of the Request for Alley Vacation between 1209 and 1215 Park Street. 811 11/01/1999 - Council/Agency Minutes - Page 8 Slide Report from staff regarding Park In Lieu Fee Ordinance titled Statement of Issue. Slide show presentation from the Economic Development Director dated November 1, 1999 entitled Edinger Corridor— Economic Development Action Plan & Specific Plan. PRESENTATION — To Mayor Green and City Council from Diane Baker, Executive Director, Huntington Beach Conference and Visitors Bureau — a framed article from Sunset Magazine recognizing the City of Huntington Beach. PUBLIC COMMENTS LYNNE FISHEL, Deputy Director, The Building Industry Association of Southern California, Orange County Chapter, which represents various building/construction firms and associations, addressed Council in opposition of the methodology for proposing park in lieu fee _increases. She stated that while it is likely that fees will increase, she would like a schedule of such fee increases, showing which specific fees will increase and where the monies will be used. She requested that Option No. 4 be approved by the City Council. Ms. Fishel requested that the study underscore how the fees shall be utilized and stated that the fees must serve the neighborhood. BILLY STADE, downtown business owner, spoke regarding the proposed CIM Project Block 104-105. He stated there were currently 17 vacancies on Main Street. He commented on the Pier Pavilion's design flaws for retail -type businesses, including dark corners and the lack of parking. He stated that anyone interested in signing the referendum petition can do so at 116 Main Street. JAMIE BUELL spoke regarding the proposed CIM Project Block 104-105. She questioned how the city is following its mission statement and goals set for the downtown area. She mentioned Sunset Magazine's article regarding "open space" and the "character" of buildings within different cities. JOHN SCANDURA addressed Council in support of the Mayor's recent environmental symposium. He mentioned specific topics that were discussed at the symposium addressing coastal erosion and Assembly Bill 64. He expressed thanks to those who supported the symposium including the City Council and city staff. WAYNE REINERT expressed his appreciation to those who came to the meeting and to those who signed the referendum petition against the city's power of eminent domain. He stated that he does not believe it is right to destroy history to make other people millionaires. He spoke in favor of saving affordable housing. He relayed stories of the residents living at 470 Pacific Coast Highway. DONN MCGEE stated that pollution in Huntington Beach is not news anymore. He spoke of greed, city officials rubbing elbows with the rich, and referenced an article regarding municipal debt burden in the October 6, 1999 Los Angeles Times. Mr. McGee also referred to a handout by Dr. Ralph Bauer titled, "Interactive Model for Rational Self-government." RON DUPLANTIS reflected on his first impression that Southern California drivers pay attention to persons in crosswalks, but upon moving to Huntington Beach his opinion changed 812 11/01/1999 - Council/Agency Minutes - Page 9 somewhat. He expressed his concern regarding the safety of the mid -block school crosswalk at Alisa Lane and Indianapolis Avenue for Hawes Elementary School. He stated that he has been walking his seven year old son across and stated that it is terribly dangerous; that he was surprised that there are a number of other mid -block crossings such as on Adams Avenue, Magnolia Street and Brookhurst Street. He informed Council that the crossing guard at Alisa Lane has almost been run over about three times. He referred to a Register newspaper article about a crossing guard hit in Santa Ana thus he does not believe this is a theoretical thing. Mr. Duplantis stated that he had spoken with the crossing guard supervisor from the Police Department who informed him that it is a problem of resource allocation. Mr. Duplantis recommended that flashing lights, operable by the crossing guards, be installed at these crossings. He stated initially he had requested that a police officer, by rotation, could every month or so, do driver education via ticketing. He stated three quarters of the time he has to stop as the cars go by; that it is a tragedy waiting to happen and is a major liability to the city. In response to Councilmember Harman, Mr. Duplantis stated the mid -block crosswalk he is concerned with is �t Alisa Lane, but that there is a larger problem that he was trying to bring up. Crosswalk at Alisa Lane & Indianapolis Avenue to be Reviewed Councilmember Harman requested the City Administrator to have the Police Department take a look at this crosswalk as to making some improvements if necessary. ALXIOUS BAILEY spoke regarding the Wal-Mart issue and its proposed location. She stated the main issue is the increase in traffic and its location across from the cemetery located at Beach Boulevard and Talbert Avenue. She suggested that the Huntington Center Mall redevelopment is the answer to increase city sales tax revenue, not the proposed Wal-Mart project. DAVE GUIDO, President, Huntington Beach Coastal Community Association, spoke regarding the Newland Street and Hamilton Avenue oil tanks being dismantled and how Cenco Company halted the dismantling. He informed Council of how Cenco Company is claiming lack of funds due to the departure of Mr. Pat Robertson from the project. Mr. Guido stated the landowner said the oil tanks could remain standing until the lease end in February 2006. Mr. Guido asked the City Council to look into alternatives instead of waiting until the end of the lease. At the request of Councilmembers Garofalo and Dettloff, the Council was informed that City staff will follow-up on the possible alternatives regarding the oil tanks. BARBARA BOSKOVICH spoke regarding the March 7, 2000 Special Election and the Wal- Mart/Crest View school site issue. She expressed concerns relating to the proper land use, increase in traffic and the added safety issues brought about by the proposed project. Ms. Boskovich also questioned as to what date the referendum regarding eminent domain will be placed on the ballot. She expressed her opinion regarding what she believes is the unfair manner in which issues had been placed on the ballot. ROBERT CRONK, member of Save Crest View, spoke in opposition of HBTV-3 programming policy which he believes allowed unwarranted time exposure to one side of an upcoming ballot issue. He stated that HBTV-3 could be in violation of their programming guidelines. He 813 11/01/1999 - Council/Agency Minutes - Page 10 expressed his desire to see programming on HBTV-3 which presents both sides of city issues. Mr. Cronk asked the City Council and City Attorney to respond to his concerns. ANNOUNCEMENT REGARDING DEATH OF FRED DIERKS (120.70) Mayor Pro Tern Garofalo announced the passing of long-time Huntington Beach community member Fred Dierks. HALLOWEEN FESTIVITIES SPONSORED BY DOWNTOWN AREA MERCHANTS (900.20) Mayor Pro Tern Garofalo commented on the successful Halloween Festivities sponsored by the downtown area merchants. ORANGE COUNTY SANITATION DISTRICT ENVIRONMENTAL IMPACT REPORT STUDY SESSION TO BE HELD (1020.70) Mayor Pro Tern Garofalo spoke regarding the item he had placed on the agenda regarding the Orange County Sanitation District Environmental Impact Report and related issues including the nature of the outflow. Mayor Pro Tern Garofalo expressed his hope that the residents of the area would attend the study session planned on this issue. He stated that this study session is in response to the concerns of the South East Huntington Beach Homeowners Association. OUTREACH REQUESTED FOR RESIDENTS WHO LOST LOVE ONES IN AIRLINE CRASH (120.70) Mayor Green and the City Council requested that steps be taken for the city to reach out to the two Huntington Beach families who lost loved ones the Egyptian Airline plane crash. DISCUSSION REGARDING PUBLIC COMMENTS ON H13TV-3 PROGRAMMING POLICY (160.30) Councilmember Sullivan presented questions to City Administrator Silver and Deputy City Administrator Rich Barnard based on Robert Cronk's concerns. A communication dated November 1, 1999 for the City Attorney titled Cable Programming on Channel 3 — RLS-763 Does the City have an "equal time" obligation to the opponents of the School Bond Measure? Index Police Power, First Amendment; Cable Television was referred to by the City Administrator and provided to the Clerk for the record. (CITY COUNCIL) REPORT BY CITY COUNCIL CABLE TV COMMITTEE RE: CITY OF HUNTINGTON BEACH HISTORICAL VIDEO — PRESENTATION OF SHORT VIDEO (160.10) The City Council considered a communication from Councilmember Ralph Bauer regarding the development by Mr. David Yrisarri, a local resident and Disney Studio employee, of an historical video about the City of Huntington Beach. The City Council Cable Committee has had an opportunity to view the video and has requested that it be shown at a City Council meeting so the entire City Council can view it. This short video will be used to solicit businesses and members of the community to contribute to a more in-depth video 11/01/1999 - Council/Agency Minutes - Page 11 Councilmember Bauer reported that Mr. Yrisarri was present to present the video. It was necessary that the video presentation be continued to a later date due to technical difficulties. (CITY COUNCIL) REPORT FROM MAYOR PETER GREEN REGARDING ENVIRONMENTAL SYMPOSIUM ATTENDED BY COUNCILMEMBERS AND STAFF AT THE WATERFRONT HOTEL (520.10) Mayor Green thanked staff for the work they performed on making the environmental symposium which was attended by Councilmembers and staff at the Waterfront Hotel possible. He thanked Chairman Yrisard of the Environmental Board and members of the Coastal Coalition. He announced that next year the event will again be held. ICITY COUNCIL) REPORT FROM COUNCILMEMBER SHIRLEY DETTLOFF AND COUNCILMEMBER PAM JULIEN REGARDING PUBLIC ART ELEMENT — "VOICES OF THE SEA"— SOUTH BEACH PHASE 1 (900.10) Councilmember Dettloff and Councilmember Pam Julien reported on their communication to the Mayor and City Council titled Status Report on South Beach- Phase I Public Art Element which was announced earlier in the meeting during the Late Communications portion of the agenda.. Councilmembers Dettloff and Julien referred to wall renderings showing the public art plan for South Beach Phase I. They reviewed each design scheme. The report covered the background of the issue, the request for proposal process, the selection process, budget, and next steps on the project. Mayor Pro Garofalo withdrew his motion to approve the design, as the item had not been agendized as an action item. (CITY COUNCIL) ANNOUNCEMENT BY COUNCILMEMBER BAUER OF APPOINTEE TO THE 4" OF JULY EXECUTIVE BOARD - MARGIE BUNTEN (110.20) Councilmember Bauer announced that Margie Bunten is his appointee to the 4`h of July Executive Board. CITY ADMINISTRATOR'S RESPONSE TO ROBERT CRONK'S STATEMENT REGARDING CABLE TV 3 PROGRAMMING POLICY AS IT RELATES TO THE CREST VIEW INITIATIVE ELECTION (160.30) City Attorney Hutton responded to Mr. Cronk's statement during public comments regarding Cable TV 3 Programming Policy as it relates to the initiative petition election on the Crest View closed school site which will be voted upon on March 7, 1999 on the Crest View closed school site - Wal-Mart issue. 815 11/01/1999 - Council/Agency Minutes - Page 12 Councilmembers Sullivan and Harman spoke regarding the matter. Councilmember Harman questioned if the initiative petition proponents' television program could be shown very often at this late date. Public Information Officer Barnard responded. City Clerk Brockway announced that a copy of the City Attorney's memorandum on this matter which had just been distributed to Council was available at her desk and at her office. The communication was from the City Attorney to Richard Barnard, Deputy City Administrator, dated November 1, 1999 titled Cable Programming on Channel 3 - RLS 99-763 Does the City have an "Equal Time" Obligation to the Opponents to the School Bond Measure? - Index: Police Power, 1't amendment, Cable TV. (CITY COUNCIL) REVIEW AND ACCEPT CITY TREASURER'S SEPTEMBER, 1999 INVESTMENT SUMMARY REPORT (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly hvestment Report titled Huntington Beach Investment Advisory Board (1AB) Annual Report to the City Council for the Period October 1, 1998 to September 30, 1999. This communication had been distributed to Council at the meeting and announced by the City Clerk as a Late Communication. Following review of the report Council accepted the Monthly Investment Report Summary of Investment Portfolio for September, 1999 by consensus of vote, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. (CITY COUNCIL) PUBLIC HEARING CONTINUED OPEN FROM 10/4/99 - 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) — APPROVED INTRODUCTION OF ORDINANCE NOS.3438/3439/3440/3441/3442/3443/3444/3445/3446/3447 (440.50) The public hearing was opened by Mayor Green on October 18, 1999. 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. Environmental Status: The above item is covered by Environmental Impact Report 816 11/01/1999 - Council/Agency Minutes - Page 13 No. 94-1 certified and approved by the City Council of the City of Huntington Beach on May 13, 1999. 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 November 1, 1999 titled Zoning Map Amendment No. 99-3. Principal Planner Scott Hess reported. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Dettloff, second Harman to approve approve Zoning Map Amendment No. 99-3 with findings for approval as set forth on (Attachment No. 1) to the Request for Council Action dated October 4, 1999 and after the City Clerk reads by titles, 'approve introductions of the following ordinances (Attachment No. 2) to the Request for Council Action dated October 4, 1999: Finding for approval are as follows: 1. Zoning Map Amendment No. 99-3 to change the zoning at 10 specific locations from Low, Medium and Medium -High Density Residential and Commercial Office to PS (Public -Semipublic) is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The subject locations have a General Plan designation of Public. The Zoning Map Amendment would bring the zoning into conformance with the General Plan. This action is consistent with objectives and policies of the General Plan because it supports existing religious assembly uses in the city which serve Huntington Beach residents. 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. Religious assembly uses are permitted with the PS district with no limitation on site size. Each of the locations is developed with a religious assembly use that is consistent with the PS use provisions. 3. A community need is demonstrated for the change proposed. The new zoning will permit the proposed facilities to continue and provide services which have been offered to residents in the vicinity. It will also ensure development that is compatible with the surrounding land uses. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The site is presently designated P (Public) on the General Plan; the proposed rezoning action will be consistent with the General Plan designation. The rezoning would also correct an existing nonconformity because religious uses are not permitted to exceed.two acres in size in residential and commercial areas. Zoning Amendment No. 99-3 would remove this nonconformity. Ordinance No. 3438 - "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from RM (Medium Density Residential) to PS (Public, Semi -Public) on Real Property 817 11/01/1999 - Council/Agency Minutes - Page 14 Located at the Southwest Corner of Delaware and Clay (Zoning Map Amendment No. 99- 3, Sub -Area A)." (First United Methodist Church) Ordinance No. 3439 — `An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from RL (Low Density Residential) to PS (Public, Semi -Public) on Real Property Located on the South Side of Atlanta Between Newland and Magnolia (Zoning Map Amendment No. 99-3, Sub -Area B)."(Church of Latter Day Saints) Ordinance No. 3440 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from CO (Commercial Office) to PS (Public, Semi -Public) on Real Property Located at the Northeast Corner of McFadden and Edwards (Zoning Map Amendment No. 99-3, Sub -Area C)."(Church of Latter Day Saints) Ordinance No. 3441 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from RL (Low Density Residential) to PS (Public, Semi -Public) on Real Property Located on the North Side of Edinger, West of Goldenwest (Zoning Map Amendment No. 99-3, Sub - Area D)."(Grace Lutheran Church) Ordinance No. 3442 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from RMH (Medium High Density Residential) to PS (Public, Semi -Public) on Real Property Located on the South Side of Hamilton, West of Brookhurst (Zoning Map Amendment No. 99-3, Sub -Area E)."(Lutheran Church of the Resurrection) Ordinance No. 3443 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from RL (Low Density Residential) to PS (Public, Semi -Public) on Real Property Located on the West Side of Springdale, North of Heil (Zoning Map Amendment No. 99-3, Sub Area J."(Redeemer Lutheran Church) Ordinance No. 3444 —An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from RL (Low Density Residential) to PS (Public, Semi -Public) on Real Property Located at the Northeast Corner of Springdale and Heil (Zoning Map Amendment No. 99-3, Sub -Area G)."(St. Bonaventure Catholic Church) Ordinance No. 3445 —An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from RMH (Medium High Density Residential) to PS (Public, Semi -Public) on Real Property Located at the Southwest Corner of Ellis and Chapel (Zoning Map Amendment No. 99-3, Sub -Area H)."(Faith Lutheran Church) Ordinance No. 3446 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from RMH (Medium High Density Residential) to PS (Public, Semi -Public) on Real Property Located 818 11/01/1999 - Council/Agency Minutes - Page 15 on the West Side of Chapel, South of Ellis (Zoning Map Amendment No. 99-3, Sub -Area I)."(St. Wilfred of York Episcopal Church) Ordinance No. 3447 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from RL (Low Density Residential) to PS (Public, Semi -Public) on Real Property Located at the Northwest Corner of Garfield and Gregory (Zoning Map Amendment No. 99-3, Sub -Area J)." (Calvary Baptist Church) The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan NOES: Garofalo ABSENT: None (CITY COUNCIL) PUBLIC HEARING ON RESOLUTION OF INTENT NO. 99-75 ADOPTED ON OCTOBER 4, 1999 TO VACATE A PORTION OF AN ALLEY BOUNDED BY ADAMS AVENUE, LOMA AVENUE, PARK STREET AND MAIN STREET - ADOPTED RESOLUTION NO. 99-75 AS AMENDED - ORDERS THE VACATION (800.50) Mayor Green announced that this was the time and place set for a public hearing on Resolution Of Intent No. 99-75 Adopted On October 4 1999 - "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." Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Public Works Department had distributed hand delivered notices to many residents of the area. Public Works Director Beardsley presented a staff report The City Clerk announced that a communication on the public hearing had been received on October 11, 1999 from Metropolitan Water District verifying they have no existing or proposed lines within the area and no objection to vacation. Earlier in the meeting, the City Clerk had announced that the following late communications on this item had been provided to the City Council: Communication from Ed Laird, Planning Commissioner dated October 29, 1999 in support of the proposed vacation of the alley between 1209 and 1215 Park Street. Communication from Frank and Laura Kurisu and Mike and Linda Ester dated November 1, 1999 in support of the request for alley vacation between 1209 and 1215 Park Street. Mayor Green declared the hearing open 819 11/01/1999 - Council/Agency Minutes - Page 16 JEANETTE CLAPP stated that she hopes Council will not approve the vacation of the alley. She stated that Mr. Kurisu had intended since 1993 when he first purchased the home to have this alley vacated. Ms. Clapp stated that only people from this block are concerned with this matter. She stated that there is no reason to vacate public access, as it is the only T-shaped lot. She presented reasons why beautification was not needed and stated that because the applicant had to pay a large fee to make the application that this should have no bearing on Council's decision. WAYNE MELQUIST informed Council that the traffic has increased so much that the residents are not able to park safely and the alley is needed. He stated that traffic backs up in the area and that traffic will worsen. He stated that he will lose the ability to use his motor home if the alley is vacated and he will have to park elsewhere. He presented two documents, each titled Tract 68 which are copies of county documents and which include a map of the area. Said documents were provided to the City Clerk. Mr. Melquist also submitted 12 photographs depicting various parking related situations. ANNA GALVAN spoke regarding the losses that the eight families will incur if the alley is closed, including access to their property, parking on their property, morale and confidence in the security of their rights. HOWARD SUBNICK spoke in support of the alley vacation. He stated that a person should not have to be in the position to hurt themselves on broken asphalt. He stated that assessing $10,000 a piece to those who want to use the alley could be considered. KEN NEIN informed Council that he walked the alley today and it is definitely in need of repair. He stated that it is a safety hazard to the two adjacent residences as the alley is three feet from the bedroom window and he would not like that at his residence. He stated that the property owners are paying for the improvements and that there is no reason for the alley. JAY DUVAL stated that he and his family are against the proposed vacation. Mr. Duval stated that his first concern is safety as there are now three exits. Mr. Duval informed Council that there is a constant increase of traffic on Adams Avenue which makes exit to Adams Avenue often difficult. He stated his support of the democratic process; that there are 10 families that will be affected; eight are in agreement with retaining the alley and two are in favor of vacation. SHARON DUVAL stated that she does not understand how two neighbors can pursue this matter after learning that is will cause not just inconvenience, but hardship to an elderly neighbor. KERI BOYD stated that she does not want the alley to close as she uses it to ride her bike to a friend's house instead of on Adams Avenue where it is dangerous. BEVERLY BOYD stated that closing off one of these access points causes great problems including access and having one end blocked by delivery trucks, etc. JOHN BOYD spoke regarding how the vacation will change configuration of their neighborhood. He stated that such a change would unjustly add value to two homes and take away value from the other homes. He stated that those most affected should be considered; F: 1 11/01/1999 - Council/Agency Minutes - Page 17 as they are not trying to gain something they do not have, but are trying to keep what they do have. PETE STRAUND spoke in support of the proposed alley vacation; that the children would then stop using it and that the vacation would beautify the area. He spoke regarding comments by the city Planning Commissioners on the proposed vacation. He stated that to make a right turn on Park Street it is more dangerous. He pointed out a better route for the people to access. ROXANA ROSS stated that there is enough access with just the two access points. She stated that it is not a safe situation when people detour through the alley when there is an accident in the area; that it can be a hazard when traffic backs up. LINDA ESTER spoke regarding the fees that have been paid to apply for the proposed vacation. tAURA KURISU stated her concerns for her family's safety as the alley is approximately three and one half feet from their bedroom. She stated neighbors sometime speed through the alley. KELLY ESTER stated that there is no reason for this alley vacation to be opposed. She spoke in support of the vacation. TYLER VONLOSSBERG stated that he is a student who is attending this Council meeting and that he does not see any reason why the alley should not be vacated. GERIANNE KASSOFF high school student, stated that if the two property owners wish to beautify the city they should, and that the motor home should still be able to be backed out. She stated that the windows are so near the alley that it is a hazard. BOB QUINN stated his support for the alley vacation. He presented a brief video showing Planning Commissioner Ed Laird speaking regarding his support for the proposed vacation and presenting reasons why he believes it is a menace and should be vacated. The video showed approximately nine other people stating their opinion that the alley should be vacated. MIKE ESTER stated that they have filed and paid all the fees for the proposed vacation. He stated that it was never their intent to keep the person with the recreational vehicle from accessing the alley. He responded to Mayor Pro Tern Garofalo as to the exact portion to be vacated and distributed a rendering of the proposal to Council. FRANK KURISU stated that Mr. Nicely is now supporting the proposed vacation and no longer opposes it and is looking forward to property values going up. He clarified statements made by Ms. Clapp stating that he had not tried to side-step the neighbors and he had not purchased his home in 1993. He requested approval of the alley vacation. Mayor Pro Tern Garofalo asked Mr. Kurisu if it would be possible to leave access for a bicycle and Mr. Kurisu stated that he did not know, that the plan is for landscaping. There being no persons present to speak further on the matter there being no further protests filed, either written or oral, the hearing was closed by the Mayor. 821 11/01/1999 - Council/Agency Minutes - Page 18 Councilmember Bauer spoke regarding the reasons why he believes the alley should remain in place. Councilmember Dettloff presented reasons why she supported the alley vacation. In response to Mayor Pro Tern Garofalo the Public Works Director reported. City Engineer Eichblatt reported on the reasons why the Public Works Department has no objections to the alley vacation. Public Works Director Beardsley responded to questions of Councilmember Bauer regarding the subject of easements. Councilmember Harman asked how the access for the recreational vehicle owner will be guaranteed and whether it will be made binding. Public Works Director Beardsley that he believes the only way to maintain recreational vehicle access is to not vacate the alley. Mayor Pro Tern Garofalo questioned Mr. Kurisu how the person will keep access for his motor home. Mr. Kurisu responded that he believes that his word would be sufficient guarantee. Further discussion was held between Council regarding the matter. Councilmember Bauer spoke at length regarding the need to provide the owner of the motor home the ability to maintain access for his vehicle to his home and to provide this guarantee through a recordation process. A motion was made by Garofalo, second Julien to adopt Resolution No. 99-94 "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 include the understanding that the applicant will grant in perpetuity access to the alley to the gentleman with the motor home and to further require the applicant to landscape the area. The City Attorney reported on the ramifications of the proposed vacation. She spoke regarding the possibility of entering into an agreement to allow access. Scott Hess, Senior Planner, responded to Councilmember Dettloff regarding how the resolution could be modified to allow maneuvering of the motor home in the alley, putting in curb and the landscape. Mayor Green presented reasons why he supported the proposed vacation. City Clerk Brockway reported that her office would be required to record the resolution ordering the vacation and that she required a more definitive motion in order to proceed with recordation of the vacation. 822 11/01/1999 - Council/Agency Minutes - Page 19 It was determined that the City Attorney and the Public Works staff would meet in another room to work out the manner in which Council's intent could be placed into a motion and that they would return with proposed wording for Council consideration. (Continued on Page No. 22) CONSENT CALENDAR - ITEM REMOVED FROM AGENDA City Administrator Silver informed Council that the item pertaining to the Contract for Professional Services between the city and Economic Development Systems for development of Tenant Recruitment Program for the Downtown Main Pier Redevelopment Project Area would be pulled from the agenda. CONSENT CALENDAR — ITEM REMOVED FOR SEPARATE DISCUSSION Council by unanimous consensus removed the following item from the Consent Calendar for separate discussion: Final Tract Map No. 15734 of Tentative Tract Map No. 15734 — Signal Landmark. CONSENT CALENDAR - ITEMS APPROVED On motion by Mayor Pro Tern Garofalo, second by Councilmember Dettloff the following Consent Calendar Items were approved by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of September 20, 1999 as written and on file in the Office of the City Clerk. (CITY COUNCIL) DIRECTED THE PLANNING DEPARTMENT TO PREPARE A FLOODPLAIN MANAGEMENT PLAN IN CONNECTION WITH THE COMMUNITY RATING SYSTEM SPONSORED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMAJ (120.90) — Directed the Planning Department to prepare a Floodplain Management Plan for adoption by the City Council. (CITY COUNCIL) APPROVED TWO PROFESSIONAL SERVICE CONTRACTS WITH SFA (SCOTT FAZEKAS ASSOCIATES) INC. TO PROVIDE PROFESSIONAL PLAN REVIEW SERVICES AND STAFFING SERVICES — BUILDING & SAFETY DEPARTMENT - APPROVED MODIFICATIONS TO INSURANCE REQUIREMENTS (600.10) —1. Approved two Professional Services Contracts for Staffing Services and Plan Review Services for fiscal years 1999/00 and 2000/01 not to exceed $407,000 per year, as prepared by the City Attorney, between the City and SFA Inc., and authorize the Mayor and City Clerk to sign — Professional Services Contract between the City of Huntington Beach and Scott Fazekas Associates, Inc. for Plan Review Services and Professional Services Contract between the City of Huntington Beach and Scott Fazekas Associates, Inc. for Staffing Services and 2. Approved the modifications to both contracts to the insurance requirements as recommended by the Settlement Committee. 823 11/01/1999 - Council/Agency Minutes - Page 20 (CITY COUNCIL) APPROVED TOLLING AGREEMENT BETWEEN CITY AND MAYER FINANCIAL, L.P. — (WATERFRONT OCEAN GRAND RESORT PROJECT) (600.30) — Approved and authorized the Mayor and City Clerk to execute a Tolling Agreement with Mayer Financial, L.P. (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-95 RELATED TO THE CITY EMPLOYEE HOLIDAY BENEFIT LUNCHEON (160.40) —Adopted Resolution No. 99-95 — "A Resolution of the City Council of the City of Huntington Beach Authorizing the Solicitation and Acceptance of Donations and Declaring the Use of Public Funds for the Public Good and to Foster Employee Morale and Good Will in the City of Huntington Beach." (CITY COUNCIL) APPROVED UPDATED ECONOMIC DEVELOPMENT TASK FORCE MEMBERSHIP (RED TEAM) (120.25) — Appointed the following persons to the Economic pevelopment Task Force: Tom Adams, President of Tiodize Company; Coy Baugh, V.P.- `f easurer of Pacific Care; Bruce Bearer, Senior V.P.-Development of Sares-Regis Group; David Culberson, CEO of Huntington Beach Hospital; Bruce McDonald, President of Master Development Corporation; Bob McKnight, CEO of Quiksilver; Stephanie Metzler, Public Affairs Manager for The Gas Company; Randy Rummel, Vice President of Dynamic Cooking Systems, and Dennis Waterkotte, Vice President of Operations for Airtech. (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 13439 AND ACCEPT THE PUBLIC IMPROVEMENTS — THE DAHL COMPANY - S/ELLIS AVENUE — W/O GOLDENWEST STREET (420.60) — 1. Accepted the improvements constructed and dedicated for public use with Tract No. 13439; and 2. Released the Faithful Performance/Labor and Material No. 3SM77420800 and Monument Bond No. 3SM77420900 pursuant to California Government Code Section No. 66499.7(b); and 3. Instructed the City Clerk to notify the Developer, The Dahl Company, of this action, and the City Treasurer to notify the Surety (American Motorists Insurance Company) of this action; 4. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. (CITY COUNCIL) APPROVED AMENDMENT #2 TO AGREEMENT WITH JR CONSULTING ENGINEERS FOR TRAFFIC ENGINEERING SERVICES (600.10) —Approve and authorize the Mayor and City Clerk to execute Amendment #2 to the Professional Services Contract between the City of Huntington Beach and JR Consulting Engineers, LTD. for Interim City Traffic Engineer Services. (CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 15734 OF TENTATIVE TRACT MAP NO. 15734 WITH BONDS AND AGREEMENTS (SANDOVER) — HEARTHSIDE HOMES, INC. SIGNAL LANDMARK S/W CORNER OF INTERSECTION OF BOLSA CHICA STREET & LOS PATOS AVENUE — APPROVE SUBDIVISION AGREEMENT (420.60) — The City Council considered approval of Final Tract Map No. 15734 - Hearthside Homes - Signal Landmark. This item had been removed from the Consent Calendar for separate discussion. 824 11/01/1999 - Council/Agency Minutes - Page 21 Councilmember Harman presented questions regarding the park dedication being effected by easement rather than by fee dedication. Community Services Director Hagan responded to Councilmember Sullivan stating that there was never an intent for a sports field to be developed at this site. Councilmember Sullivan presented reasons why he will be voting in opposition to this agenda item. A motion was made by Green, second Julien to approve the following recommended action: 1. Approve Final Tract Map No. 15734 and accepted the offer of dedication, improvements, and bonds pursuant to the following findings and requirements (Attachment No. 1) to the Request for Council Action dated November 1, 1999. Findings for Acceptance of Final Map - Final Tract Map No. 15734 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15734 Conditions of approval as approved by the City Council. Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file bonds (Insurance Company of the West) with the City Treasurer: a. Faithful Performance Bond No. 1677807 as presented in Attachment No. 6; b. Labor and Material Bond No. 1677807 as presented in Attachment No. 6; c. Monument Bond No. 1677808 as presented in Attachment No. 6. 3. Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with the map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; d. An approved Subdivision Agreement shall be submitted (Attachment No. 5); e. Payment of Park and Recreation In -Lieu Fees. and 4. Approved the Subdivision Agreement between the City and Signal Landmark and authorize execution by the Mayor and City Clerk. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff NOES: Harman, Sullivan (CITY COUNCIL) CONTINUED FROM 10/4/99 — APPROVED AS AMENDED - PROCESS TO AMEND THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE SECTION 254.08H RELATING TO PARK IN -LIEU FEES (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 Plan. (Communication dated September 29, 1999 from the Huntington Beach Chamber of Commerce included) Assistant City Administrator Fallon reported. Principal Planner Scott Hess presented a slide report. 825 11/01/1999 - Council/Agency Minutes - Page 22 Considerable discussion was held among Councilmembers and staff Discussion was also held between Council and the representatives of the Building Industry of America - (BIA) Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City of Huntington Beach Council: Slide Report from staff titled Statement of Issue regarding the Park In Lieu Fee Ordinance. A motion was made by Bauer, second Dettloff to direct staff to process an amendment to the Huntington Beach Zoning and Subdivision Ordinance Section 254.08H and related resolution modifying the city's park in -lieu fee to be determined by a site specific appraisal as amended. The process will include noticed public hearings at the Planning Commission and City Council and that the approved process be one where the city selects the appraiser and the applicant Pays for the appraiser. John Erskine, representing the Building Industry of America, stated that there was never any legislative intent to add state beaches to the Quimby Act. The motion made by Bauer, second Dettloff carried by the following roll call vote: AYES: Bauer, Dettloff, Harman, Sullivan NOES: Garofalo, Green, Julien ABSENT: None CONTINUATION FROM EARLIER PORTION OF MEETING (PAGE NO. 18) REGARDING PUBLIC HEARING ON RESOLUTION OF INTENT NO. 99-75 ADOPTED ON OCTOBER 4, 1999 RESOLUTION NO. 99-94 ORDERING ALLEY VACATION — ADOPTED (800.50) City Attorney and staff returned to the Council chambers after conferring on the wording of the motion relative to the alley vacation. City Attorney Hutton read the following words to insert in the Resolution No. 99-94. The wording announced by City Attorney Hutton is as follows: To add the following words to line two of Resolution No. 99-94" excepting the westerly 15 feet therefrom." A motion was made by Garofalo, second Dettloff to approve the following amendment to Resolution No. 99-94 - "A Resolution of the City Council of the City of Huntington Beach Ordering the Vacation of an Easement for Public Street Purposes of a Portion of the Alley Located North of Loma Avenue, South of Adams Avenue, East of Main Street and West of Park Street." as follows: 1. Adopt amended Resolution No. 99-94 subject to replacement of alley apron on Park Street with full curb and cutters and replacement of alley pavement with approved driveway and landscaping. 2. Amend Resolution No. 99-94 on Page No. D2.7 as follows: Add the following words to line two - "excepting the westerly 15 feet therefrom" 826 11/01/1999 - Council/Agency Minutes - Page 23 The motion carried by the following roll call vote: AYES: Julien, Garofalo, Green, Dettloff NOES: Bauer, Harman, Sullivan ABSENT: None A motion made by Garofalo, second Dettloff to adopt Resolution No. 99-94 as amended, with aforementioned conditions and further to include direction that the City Clerk withhold recordation of Resolution No. 99-94 - "A Resolution of the City Council of the City of Huntington Beach Ordering the Vacation of an Easement for Public Street Purposes of a Portion of the Alley Located North of Loma Avenue, South of Adams Avenue, East of Main Street and West of Park Street." with the Orange County Recorder until the above mentioned conditions are satisfied and approved by the City Attorney. The motion made by Garofalo, second Dettloff carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff NOES: Harman, Sullivan ABSENT: None (CITY COUNCIL) PROFESSIONAL SERVICES CONTRACT FOR CONSULTANT SERVICES WITH PBR CORPORATION — EDINGER CORRIDOR ECONOMIC DEVELOPMENT ACTION PLAN AND SPECIFIC PLAN CONTINUED — STUDY SESSION TO BE SCHEDULED (600.30) The City Council considered a communication from the Economic Development Director transmitting a proposed Professional Services Contract with PBR Corporation to prepare an Economic Development Action Plan and a Specific Plan for Edinger Corridor. 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 November 1, 1999 titled Edinger Corridor— Economic Development Action Plan and Specific Plan. Economic Development Department Briggs reported. Housing Redevelopment Manager, Gus Duran, presented a slide report. Considerable discussion was held between the Council and the Economic Development Director. A motion was made by Garofalo, second Julien to continue this item to a date not specific, to include public collaboration from the property owners; to return in a workshop environment to discuss with Council. The motion carried unanimously. 827 11/01/1999 - Council/Agency Minutes - Page 24 (CITY COUNCIL) BEACH CLOSURES — RECOMMENDATION FOR COLLABORATIVE EFFORT BETWEEN CITY AND ACCREDITED ACADEMIC INSTITUTION TO STUDY/EVALUATE WATER QUALITY ISSUES FROM URBAN RUN OFF AND OTHER CONDITIONS (520.30) The City Council considered a communication from Mayor Pro Tern Dave Garofalo recommending the formation of a collaborative to deal with the long-term issue of beach closures caused by urban run-off and other conditions. A motion was made by Garofalo, second Sullivan that the City Council endorse the following actions that have already been taken by the city: Direct the Mayor to correspond with an accredited academic institution like UCI and set the stage for a collaborative effort to further study and evaluate water quality issues as they result from urban run-off and other conditions. This collaborative to include, but not necessarily be limited to seeking funding to accomplish this goal. Incorporating our state representatives and congressional office would be suggested iti this proposed collaborative effort and to appoint Mayor Green and Councilmember Dettloff to serve as Council representatives regarding this collaborative and to direct City Administrator Silver to prepare a letter of concern to the State Water Resources Board on this issue. The motion carried unanimously. (CITY COUNCIL) APPROVED RECOMMENDATION TO EVALUATE NEED FOR RESTROOM ACCOMMODATIONS AT CHRIS CARR & GREER PARKS (120.90) The City Council considered a communication from Mayor Pro Tern Dave Garofalo regarding Chris Carr Park and Greer Park which are 11-acre parks, each having a much greater level of public use than a traditional neighborhood park, and in many ways similar to a more active community park. A motion was made by Garofalo, second Harman to approve the following recommended action: Request that the Community Services Commission and staff evaluate the need for restroom accommodations at Chris Carr and Greer Parks; and the possibility of providing portable restrooms on an interim basis and, long-term, explore the possibility of permanent restroom facilities at these two locations to serve the large number of families utilizing these sites. The Community Services Commission and staff should submit a recommendation, including capital and long-term maintenance costs to the City Council for consideration. The motion carried unanimously. Councilmember Bauer spoke regarding the importance of following requirements established by the Measure C Election as to cost. 828 11/01/1999 - Council/Agency Minutes - Page 25 CITY COUNCIL) STUDY SESSION TO BE SCHEDULED REGARDING ORANGE COUNTY SANITATION DISTRICT ENVIRONMENTAL IMPACT REPORT AND RELATED ISSUES INCLUDING NATURE OF THE OUTFLOW (1020.70) The City Council considered a communication from Mayor Pro Tern Dave Garofalo regarding his attendance at the recent meeting of the Orange County Sanitation District Board meeting at which the Board did not approve the City of Huntington Beach request for a 20 day continuation so the city could be briefed on all the issues. Particularly of city concern is the policy to change the nature of the outflow (the 250 million gallons per day currently dumped into the ocean from our shore from a traditional blend of 50% primary treated sewage and 50% secondary treated sewage to a mixture of 80% primary and 20% secondary. Mayor Pro Tern Garofalo reported on the reasons why he had placed this item on the agenda. A motion was made by Garofalo, second Julien to schedule a Study Session as soon as 'possible with the -Orange County Sanitation District so that all parties are equally informed. Councilmember Dettloff addressed Council regarding this issue. The motion made by Garofalo, second Julien carried unanimously with Councilmember Harman recorded absent from the room. 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 Wednesday, November 3, 1999 at 7:30 a.m. at Quiksilver, 15202 Graham Street, Huntington Beach, California to meet with the Economic Development Task Force (Red Team). 44/00" 0� 4y4ove� City Clerk and ex-officio Clerk Sf the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: City Clerk/Clerk Mayor/Chairman 829