Loading...
HomeMy WebLinkAbout1999-11-15MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH MONDAY, NOVEMBER 15, 1999 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 An audiotape of the 5:00 p.m. portion of this meeting and a videotape of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. CALL TO ORDER Mayor Green called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:05 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None (CITY COUNCIL/REDEVELOPMENT AGENCY) STUDY SESSION — AFFORDABLE HOUSING PROGRAM (430.50) The City Council considered a transmittal from the Economic Development Department of a document titled City of Huntington Beach Affordable Housing Presentation (Housing Policy) dated November 15, 1999. Topics included in the report are: Housing Element; Consolidated Plan; Housing Compliance Plan/Strategy; Redevelopment Agency Housing Legal Requirement; Housing Funding Matrix; Redevelopment Agency Housing Obligations. (Copies are available for public review at the meeting and at the City Clerk's Office.) Economic Development Director Biggs distributed the following information to the City Council. New page to be inserted in tab three of the Affordable Housing Presentation Binder -Five Year Implementation Plan, Page No. 7 — Table One Summary Metrics; a document titled Draft Redevelopment Agency of the City of Huntington Beach Affordable Housing Strategy Fiscal Year 199912000-200412005, slide report titled Affordable Housing Presentation (Housing Policy) -- City of Huntington Beach, November 15, 1999 which was announced later in the meeting during Late Communications — Study Session. Economic Development Director Biggs reported on the purpose of this meeting. He introduced Mary Beth Broeren, Senior Planner. Senior Planner Broeren briefly addressed Council regarding the Housing Element. Economic Development Director Biggs reported on the Consolidated Plan and the Compliance Plan/Strategy. Economic Director Biggs and Senior Planner Broeren reviewed the slide report which covered topics such as Regional Housing Needs Assessments (SCAG) Southern California Association of Governments. Senior Planner Broeren and Planning Director Zelefsky answered Mayor Green's questions regarding factors 831 Page 2 - Council/Agency Minutes — 11/15/99 relating to the 2015 affordable housing units needed during the coming seven years. Councilmember Bauei spoke regarding concerns of other cities and the fact that five or six cities in Orange County may appeal the Needs Assessment assigned to them by the Federal Housing and Community Development Department. The presentation of the slide report was continued by Economic Development Director Biggs on subjects including the Economic Development Department's goals to improve housing supply; the Five Year Redevelopment Implementation Plan required by State redevelopment law and the Ten Year Housing Compliance Plan required by the State redevelopment law. Other subjects covered in the slide report were the Ten Year Housing Compliance Plan, Redevelopment Agency Housing set aside and Home (HUD) Fund; set aside fund project; Home Funded Projects; Educational Revenue Augmentation Fund (ERAF). The slide report also covered Improving Housing Supply; Redevelopment Agency Housing Activity; Affordable Housing Challenges; Per Unit Subsidies -Orange County Cities; Process of the Housing Opportunity; Redevelopment Financing; Agency Housing Priorities followed by a slide presentation titled How Are We Spending Our Money and CouncillAgency Choices. Discussion was held by Council including the in -lieu fee issue as an alternative and the alternative to be a greater amount than if units were produced. Planning Director Zelefsky reported on the in -lieu fee issue raised by Mayor Pro Tem Garofalo. He presented an example of the process used by Centerstone Development Company. Mayor Pro Tem Garofalo stated the need to have a "tool" in place and to obtain information from a legal aspect. Discussion was held among the Councilmembers and Planning Director Zelefsky regarding the ordinance that was sent back to staff several years ago. Planning Director Zelefsky informed Council that the city does have a defacto policy now and the question is whether the Council wants to codify this "policy". Development Specialist Greg Brown answered questions regarding the project at Algonquin Street which had not been developed, stating that the city had not been notified in time by HUD. Economic Development Director Biggs introduced Development Specialist Steve Holtz, a new member of his staff. He introduced Development Specialist Greg Brown and Housing Redevelopment Manger Gus Duran. Councilmember Sullivan stated that he hopes the Palm- Goldenwest area could be planned appropriately in this regard as there had been problems with the Holly Seacliff Development. Economic Development Director Biggs responded to Councilmember Harman relative to the property owned by the Redevelopment Agency located at Center Avenue and Gothard Street. He stated that this had been proposed in part due to the Gothard-Hoover project, and the new city employees who constitute the new real-estate team which is a division of the Administrative Services Department. MOTION TO RECESS TO CLOSED SESSION A motion was made by Green, second Harman to recess to Closed Session the following items: The motion carried by unanimous vote. (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 Scottsdale Insurance Co. v. City of Huntington Beach, - Orange County Superior Court Case No. 761735. Subject: Scottsdale Insurance Co. v. City of Huntington Beach. (120.80) 832 11115199 - Council/Agency Minutes - Page 3 (City Council) Closed Session — City Council pursuant to Government Code Section 54957.6 to meetwith its designated representatives William Osness, Personnel Director; Daniel Cassidy, Esquire of Liebert, Cassidy and Frierson and Richard Whitmore, Esquire of Whitmore, Johnson & Bolanos regarding labor relations matters — meet and confer with the following employee organizations: MSOA, POA, PMA, MEA, MEO, HBFA and SCLEA. (120.80) (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. Subject: Negotiation for terms of a proposed Purchase, Sale or lease of property at 7777 Edinger Avenue. (400.50) RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING Mayor Green reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:05 p.m. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None MEETING DEDICATED IN MEMORY OF ART BAKER Mayor Green dedicated this Council meeting in memory of long time volunteer Art Baker who recently passed away. FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by Brownie Troop, 1568 from Saint Simon and Jude Catholic School, Huntington Beach. Troop Leader, Kathy Morrell. INVOCATION The invocation was offered by Father Christian Mondor, Franciscian Friar, Saint Simon and Jude Catholic Church 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. Copies of late communications submitted by City Councilmembers or City Departments are available for the public at the City Clerk's desk. Late communications submitted by members of the public are made available'to the public at the City Clerk's Office the morning after the Council meeting. 833 Page 4 - Council/Agency Minutes—11/15/99 Revised agenda page No. 5 submitted by the City Clerk adding item C-le. Report and Video Presentation by the lntergovernmental Relations Committee Re: the Status of the Orange County Transit Authority (OCTA) Centerline Urban Rail Project. Also a communication dated November 15, 1999 from Councilmember Bauer titled Centerfine — Issues to be Addressed. Communication from the Economic Development Director dated November 15, 1999 transmitting a letter from Adam Vokert, Rutan & Tucker LLP titled Curtailment of increases in Guaranteed Rental Rate (Oceanview Promenade). Communication from Adam N. Volkert, Rutan & Tucker, LLP dated November 12, 1999 titled Owner Participation Agreement by and between the Redevelopment Agency of the City of Huntington Beach and Adbelmuti Development Company Transmitting an Appraisal of the Guaranteed Rental Rate pursuant to the OPA. Slide show presentation from the Planning Department dated November 15, 1999 titled General Plan Amendment No. 99-2/Local Coastal Program Amendment No. 99-3 — Coastal Element Update. Slide show presentation from the Community Services Director dated November 15, 1999 titled Plans and Specifications — HCP Sports Complex. Slide Report dated November 15, 1999 from the Economic Development Department titled Affordable Housing Presentation (Housing Policy). Document from the Economic Development Department dated November 15, 1999 titled Affordable Housing Strategy. PRESENTATION — By Mayor Peter Green to the Employee of the Month -Inspector Combination Structural Supervisor, Building and Safety Department Robert Reed. Ross Cranmer, Building and Safety Director introduced Robert Reed, Inspector Combination Structural Supervisor, Building and Safety Department. Mr. Cranmer spoke regarding the many attributes which make Robert Reed a valuable city employee. He announced with regret that Robert Reed will be leaving employment in the near future as he has reached his goal of becoming a Attorney -at -Law. PRESENTATION — By Mayor Peter Green to Howard Zelefsky, Planning Director, presentation of a plaque from the Federal Emergency Management Agency (FEMA) for achieving a Class 8 rating for Huntington Beach in the Community Rating System (CRS) of the National Flood . Insurance Program. PUBLIC COMMENTS FATHER CHRISTIAN MONDOR extended an invitation to all members of the community to attend the Turn of the Century Procession of Lights event which will be held in the near future. WILLIAM CURTIS, President, Seaport Terminal Corporation, informed Council of his desire to obtain an oil well drilling permit for his 212 acres of property in the city. He read a portion of the letter he had written to the Planning Department regarding his need for an oil well drilling permit as well as the procedure which he would like to follow. Mr. Curtis distributed a copy of his letter dated November 15, 1999 to the Planning Department to the City Council. 834 11/15/99 - Council/Agency Minutes - Page 5 SUZANNE BEUKEMA, Huntington Beach Educational Foundation, informed Council of the purpose and the activities of the Huntington Beach Educational Foundation. She invited Council to the fundraiser event planned at the Meadowlark Country Club. She acknowledged corporate sponsors of the event. TINA JAVID, Public Affairs Manager, Southern California Gas Company, informed Council that she is now the liaison to the city of Huntington Beach. Ms. Javid informed Council that she looks forward to working with representatives of the city of Huntington Beach and the community. She invited the Council to contact her regarding any matters in which she may be able to assist. PAULINE ROBISON requested that Council place on the agenda the subject of mobile home rent stabilization. She informed Council that the city of Huntington Beach has a need to keep affordable housing and that the need is urgent for the older persons in the community. TERESA REYNOLDS, Huntington Beach Mobile Home Association Committee member, requested that the Council adopt an ordinance requiring rent stabilization for mobile homes in the city. She stated that the issue has been stalled at the Huntington Beach Mobile Home Owners Committee due to a comparison being made between mobile home ownership and apartment rentals. Ms. Reynolds presented reasons why this comparison is not valid. HUNTER POLLARD informed Council that his space rent just increased to $675 per month which is over $200 more than the rest of orange County. He requested that Council take immediate action on rent stabilization when it appears on the City Council agenda and not let it get bogged down in', government bureaucracy. JOHN JANKOWSKI informed Council that two thirds of persons in mobile homes are seniors. He stated that they are requesting the Council assistance for the enactment of rent stabilization in the city as he believes the park owners are exploiting the customers. He stated this is human nature and it must be controlled to protect the weak. He spoke regarding the ruling of Los Angeles Superior Court declaring that mobile home parks are a monopoly. Mr. Jankowski informed Council that all over the country corporations are regulated to stop fraud. STEVE GULLAGE, Huntington Beach Mobile Home Owners Association, stated that he asked the seniors in the park how they feel about Wal-Mart. He stated they were in favor of the Wal-Mart but believed they will not be able to shop there. He stated there is a proposed rent stabilization ordinance filed in the Mobile Home Advisory Board sub -committee which has been stalled by the mobile home park owner's lobbying efforts. He presented reasons why comparing a mobile home owner with an apartment renter is not a fair comparison. Mr. Gutlage stated that the proposed ordinance would balance their equities. KAREN MC GREW stated that the residents of her mobile home park are looking at rent increases of up to 18%; that the people can not afford this type of increase. JIM BARKER, Huntington Beach Mobile Home Owners Association, informed Council that affordable housing is needed in Huntington Beach. He stated that he is speaking for citizens who can not attend this meeting but who are concerned with the subject. He spoke regarding the proposed mobile home rent control ordinance, informing Council that 100 cities have such an ordinance. Mr. Barker stated that the proposed ordinance needs to be discussed at the City Council level. He stated that the ordinance provides fairness to the mobile home park owners. 835 Page 6 - Council/Agency Minutes—11/15199 ROBERT BASTIAN presented reasons why the proposed mobile home rent stabilization ordinance must be placed before the City Council. He urged Council to do whatever is necessary to bring this matter to a vote of the City Councilmembers. VIRGINIA SIMS spoke in opposition Ron Davis' newspaper column in the Huntington Beach Independent which opposed the employee holiday party. CHUCK BEAUREGARD, Save Our Kids, spoke in support of the agenda item regarding the plans and specifications for mitigation and construction of the Huntington Central Park Sports Complex. He expressed his appreciation to those who have worked so hard toward this goal. He spoke regarding the performa figures relative to mitigation. Mr. Beauregard stated approving the agenda item tonight would lower mitigation costs; in turn that the monies saved could be used to build public swimming pools which he believes are needed in the city. CHUCK SCHEID spoke regarding the claims for refund which he has filed against the city relative to the establishment of the property tax rate that relates to the employee retirement funding. MARIE ST. GERMAIN spoke in opposition to moving the Farmer's Market to the Pier Plaza Area. Her comments were in connection with the item on the agenda. City Attorney Comment Regarding Public Comment on Tax Rate City Attorney Hutton commented on the comments made by Chuck Scheid relative to his claim for refund relative to the establishment of the property tax rate. CHARLENE SAUER spoke regarding her conversations with three people gathering signatures on the referendum petition relative to residential eminent domain in the downtown area. She requested that people read the petition prior to signing. She stated the second circulator she encountered had a different petition without a map; that the third person had a regular petition. CONNIE BOARDMAN representing Huntington Beach Tomorrow, urged Council to support the item placed on the agenda by Councilmember Sullivan regarding a proposed Wal-MartlCrest View issue debate on HBTV Channel 3. ROBERT CRONK distributed copies of the Orange County Weekly in which an article on Crestview had been written. He presented the web site of Crestview United where the Orange County Weekly's article on the Crestview closed school/Wal-Mart issue can be accessed. BARBARA BOSKOVICH stated that HB Cable TV 3 is not used for airing debates and allowing the people to be heard. She requested that HB Cable TV 3 be used for such purposes. JAMES LANE, co-chair of Huntington Beach Cares, informed Council that tomorrow they will be turning in petitions containing 18,000 signatures to repeal Ordinance No. 3486 - extension of eminent domain to residential properties -in the downtown area. He thanked the people who helped with the referendum petition effort. Mr. Lane stated that it is predicted that the referendum will be successful and that the Crest View initiative petition will be successful. He spoke regarding the issue of recall. JINX VARONA thanked Councilmembers and staff for the street fair held during the summer months. He stated his support for the city employee holiday luncheon event. 836 11/15/99 - Council/Agency Minutes - Page 7 STEPHEN DANIEL spoke in favor of moving the Farmer's Market, as it interferes with businesses, especially those businesses in the second block of Main Street. He stated that the relocation should be given a trial. Mr. Daniel stated that there will be an old town Christmas event held in the downtown area and invited the community's participation. PAM WALKER, Ocean View School District representative, spoke regarding the revenue that the city and school district will obtain if the Wal-Mart project proceeds. She stated that this revenue will go a long way toward helping school finances. TIM WETZEL spoke regarding the history of the recreational vehicle parking on the bluff bottom park. He stated that the Planning Commission had voted against it but that Council had approved it at one time. Mr. Wetzel informed Council of his past appeal of the City Council's project approval to the Coastal Commission, and that all 12 Coastal Commissioners had voted against the plan. He stated that parking should not be removed from Pacific Coast Highway and that three lanes in each direction will not help. Mr. Wetzel stated that this is the narrowest stretch of beach and should not be used for parking but should be improved for open recreation for all to enjoy, not the first guy with his car, recreational vehicle and quarters. DAVID CASTENHOLZ, Project Area Committee member, thanked the voters who signed the referendum petition. He stated that he was confident that the ordinance would be overturned. He stated that he believed the function of Council and administration is to preserve the city's resources and that a four-story structure on Pacific Coast Highway is wrong. He spoke regarding the issue of recall. TYLER JORDAN thanked Mayor Green for his service to the city as Mayor. He stated his opposition to the Crest View project, Bolsa Chica development, eminent domain, and bluff bottom parking without giving the voters a right to decide. JOHN BYRNE spoke regarding the document regarding Redevelopment Agency Set -aside Funds, stating that he believes the estimate for fiscal year 2001/2002 is incorrect. TOM ELLICK requested that Council ensure that the proposed mobile home rent stabilization ordinance is moved out of the Mobile Home Advisory Board to the City Council. HARVEY OLLINGER spoke regarding his conversations with elderly widows who are very negatively impacted by mobile home rent increases. He spoke regarding past increases and proposed increases and urged Council to take a look at this issue. He informed the City Council that he would be glad to help the Council on this matter. ARLENE COGGI stated that this country must start to take care of its own. She spoke regarding the problem she faces including transportation and coping with her learning disabilities. She stated that one should not give in charity what is due in justice. DEBBIE JOSEPHSON urged Council to vote in favor of the item placed on the agenda by Councilmember Sullivan relative to placing a Wal-Mart site Crest View debate on HBTV Channel 3 so that the people will be provided with a wealth of information both pro and con. Ms. Josephson stated that while that gathering petition signatures people had told her that they would like to know more about the issue. 837 Page 8 - Council/Agency Minutes—11/15/99 (CITY COUNCIL) SUBMITTED BY COUNCILMEMBER PAM JULIEN — ANNOUNCEMENT OF APPOINTMENT OF BRIDGET SIRKEGIAN-KAUB TO 4T" OF JULY EXECUTIVE BOARD (110.20) Councifinember Julien announced the appointment of Bridget Sirkegian-Kaub to the 4"' of July Executive Board. (CITY COUNCIL) REPORT BY CITY COUNCIL CABLE TV COMMITTEE RE: CITY OF HUNTINGTON BEACH HISTORICAL VIDEO — PRESENTATION OF SHORT VIDEO — DELAYED DUE TO TECHNICAL PROBLEM (910.20) 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 (1 hour) about the history of the City of Huntington Beach. Due to technical problems the video presentation was continued to a future meeting. (CITY COUNCIL) REPORT RE: INTERGOVERNMENTAL RELATIONS COMMITTEE SUCCESS IN OBTAINING GRANTS FOR THE CITY IN EXCESS OF $15,000,000 (640.90) The City Council considered a communication from Councilmember Harman, Intergovernmental Relations Committee member, informing Council of the grants received by the city from outside government agencies as well as private sector foundations and civic groups. These funds were realized through a large and coordinated effort that involved City Councilmembers, staff from several different departments, and the city's legislative representatives. The cost of this effort is estimated to be about $220,000. That means that the city realized a 700% return on its investment. City staff invested 2,500 hours to secure funds and of this time only 10% of time was spent on unsuccessful projects. Examples of grants received are: Flood protection; transportation and traffic improvements; Waterfront expansion, sewer repair and rehabilitation; Police Department projects, Community Services projects; library projects. Councilmember Harman reported on the types of grants and the amounts of monies received, through the grants. (CITY COUNCIL) APPROVED AS AMENDED - TRIAL RELOCATION OF FRIDAY FARMERS - MARKET AND CRAFT FAIR FROM THE DOWNTOWN AREA TO THE PIER PLAZA (900.20) The City Council considered a communication from the City Council Downtown Issues Subcommittee proposing that the Friday Farmers' Market & Craft Fair be relocated, on a trial basis, from the Downtown area to the Pier Plaza. Mayor Pro Tem Garofalo presented reasons why he had placed this item on the agenda. 838 11/15/99 - Council/Agency Minutes - Page 9 A motion was made by Garofalo, second Green to approve the following recommended action: Direct staff to relocate the Friday Farmers' Market & Craft Fair from Main Street to the Pier Plaza for a 120 day trial period and authorize staff to apply for a Coastal Development Permit/Conditional Use Permit for consideration of a permanent move. Councilmember Sullivan stated that he believes the Fridays' Farmers Market and Craft Fair is working fine from its present location, He stated what he believes will be drawbacks to a relocation, including people crossing Pacific Coast Highway carrying groceries, and the lack of parking. Councilmember Dettloff requested that at the end of this trial period the Economic Development Director present figures as to whether or not the charges of lost revenue made against its present location is true. Economic Development Director Biggs stated that unfortunately there would be no way to determine the economic value one way or the other. Councilmember Julien stated that after listening to the local merchants, she believes that the people no longer walk down the sidewalk during the fair. She presented other reasons why she believes the move will be successful. Further discussion was held among the Councilmembers and staff. Councilmember Harman stated his concern that this could involve a Measure C issue and also cause a carnival type atmosphere in this wide area that people use to sit and relax. Jim Engle, Deputy Director Community Services, stated that this could be addressed by the City Attorney during the Conditional Use Permit/Coastal Development permit application process. In response to Councilmember Harman's concern, Planning Director Zelefsky stated that the Zoning Administrator has stated it is conceivable that the process could be completed in 120 days. Economic Development Director Biggs informed Council that the first Friday in January is the anticipated relocation date. City Attorney Hutton read Section 613 of the charter (Measure C Provision). Discussion was held regarding the recommended action set forth on the City Council agenda. Mayor Pro Tem Garofalo spoke regarding the work of the sub -committee and the regulations of the Fire Department in the downtown area. He stated that the merchants have shown reduced' receipts. He stated that if the Farmers Market was on Monday, Tuesday, Wednesday, or Thursday there would be no problem. Further discussion was held among City Councilmembers, City Administrator, and staff. The motion made by Garofalo, second Green was amended to read as follows: Direct staff to relocate the Friday Farmers' Market and Craft Fair from Main Street to the Pier Plaza for a 120 day trial period. The motion carried by the following roll call vote: AYES: Julien Bauer, Garofalo, Green, Dettloff NOES: Harman, Sullivan ABSENT: None 839 Page 10 - Council/Agency Minutes—11115/99 Dedication of Seacliff Artwork Murals Councilmember Dettloff invited members of the community to the dedication of the murals which had been transferred from the Seacliff Shopping Center to the City Hall location. She also informed the Council and audience that some very beautiful tiles are going to be offered for sale at the dedication ceremony. (CITY COUNCIL) APPROVE THE APPOINTMENTS & REAPPOINTMENTS OF MEMBERS TO THE CITIZEN PARTICIPATION ADVISORY BOARD (CPAB) — CANIGIANIIHAYDENILIPSON/ JACOBS-PILETTE/DEMERS/RICHARDSON/TYLER (110.20) The City Council considered a communication from the Economic Development Director recommending City Council approval of the appointments and reappointments of members,to the Citizens Participation Advisory Board. A motion was made by Green, second Dettloff to approve the following recommended action: 1. Approve the appointments of (1) Jackie Canigiani, (2) James Hayden, (3) Gerald Lipson, (4) Patricia Jacobs-Pilette to the Citizen Participation Advisory Board (CPAB) for one term (four years), ending September 30, 2003; and 2. Approve the reappointment of (1) Lorraine DeMers, (2) Roy Richardson, and (3) Charles Tyler for a second term (four years), ending September 30, 2003. The motion carried by unanimous vote. (CITY COUNCIL) REPORT & VIDEO PRESENTATION BY THE INTERGOVERNMENTAL RELATIONS COMMITTEE RE: THE STATUS OF THE ORANGE COUNTY TRANSIT AUTHORITY (OCTA) CENTERLINE URBAN RAIL PROJECT ($40.60) The City Council considered a communication from Councilmember Ralph Bauer regarding the review by the Intergovernmental Relations Committee of the current status of the OCTA CenterLine Urban Rail Project. The 28-mile corridor extends from Fullerton to Irvine. The project is estimated at 1.9 billion. Currently the proposed schedule for OCTA approval is as follows: November 22, 1999 OCTA Public Hearing; December 13, 1999 OCTA Board Approval of Alignment. Councilmember Bauer reported on matters relating to the subject on which he had placd on the agenda. He reported on the issues related to this communication announced earlier in the meeting by the City Clerk under Late Communications on this subject - Revised agenda page No. 5 submitted by the City Clerk adding item C-le. Report and Video Presentation by the Intergovernmental Relations Committee Re: the Status of the Orange County Transit Authority (OCTA) Centerline Urban Rail Project. Also a communication dated November 15, 1999 from Councilmember Bauer titled Centerline — Issues to be Addressed. A video was presented which showed examples from the city of San Diego. Councilmember Harman thanked Coucilmember Bauer for his attendance at the OCTA meetings and for presenting this video. He questioned how what had been shown on the video could benefit Huntington Beach and questioned if there had been discussion regarding a link -up between the Veterans Hospital in Long Beach and Huntington Beach. Councilmember Bauer read a portion of the article from the OCCCG regarding possible connections to Huntington Beach. 840 11/15/99 - Council/Agency Minutes - Page 11 City Administrator Silver requested that the recommended action be approved. He spoke regarding the staff work plan on this issue which includes advocacy of the best plan to serve west Orange County. A motion was made by Bauer, second Garofalo to request the City Administrator to return to the City Council on December 6, 1999 with possible recommendations relative to the OCTA Center Line projects. The motion carried by unanimous vote. (CITY COUNCILIREDEVELOPMENT AGENCY) REPORT CLARIFYING ISSUES RELATED TO BLOCK 104 & 105 PROPOSED PROJECT -- CIM PROPERTIES — DOWNTOWN REDEVELOPMENT AGENCY PROJECT AREA (410.20) Councilmembers Garofalo, Julien, and Bauer excused themselves from participation regarding this portion of the meeting due to a conflict of interest. They vacated their seats at the Council table. The City Clerk announced copies of the photographs presented by Administration were available at her desk. City Administrator Silver stated he had inquiries regarding the properties involved in the Block 1041105 proposed project. City Administrator Silver presented a slide report showing the buildings in Block 104/105. He stated that eminent domain authority has been approved as an option for Council to exercise. Councilmember Sullivan directed attention to the one building which has nine renters for whom the' city would have an obligation to assist in relocation. He stated that this is the building about which the petition signature gathers had stated that 500 persons would be displaced. Further discussion was held among the City Councilmembers and staff. (CITY COUNCIL) PUBLIC HEARING - GENERAL PLAN AMENDMENT NO.99-21LOCAL COASTAL PROGRAM AMENDMENT NO. 99-3 (COASTAL ELEMENT UPDATE) (ZONE 1) HUNTINGTON HARBOUR AREA (ZONE 2) BOLSA CHICA AREA (ZONE 3) BOLSA CHICA BOUNDARY TO GOLDENWEST STREET (ZONE 4) DOWNTOWN AREA (ZONE 5) BEACH BOULEVARD TO THE SANTA ANA RIVER - ADOPTED RESOLUTION NO.99-98 (440.50) Mayor Green announced that this was the time scheduled for a public hearing to consider the following: Applicant: City of Huntington Beach Request: To review and adopt the updated General Plan Coastal Element. Location: The northern city limit at Seal Beach, south nine miles to the Santa Ana River at the Huntington Beach/Newport Beach boundary, inland from the mean high tide line from 1,000 yards to over one mile in some areas, encompassing approximately five (5) square miles of land and water, or about 17 percent of the total area of the City. Environmental Status: The above item, in accordance with Section 15265 of the California Environmental Quality Act, the preparation and adoption of Local Coastal Programs are exempt from environmental analysis. 841 Page 12 - Council/Agency Minutes—11/15/99 Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. The City Clerk announced that the following late communication on this item had been provided to the City Council and had also been announced at the beginning of this City Council meeting: Slide show presentation from the Planning Department dated November 15, 1999 titled General Plan Amendment No. 99-2/Local Coastal Program Amendment No. 99-3 - Coastal Element Update. Planning Director Zelefsky presented a staff report. Senior Planner Mary Beth Broeren presented a slide report covering information including Background, Overview of Updated Coastal Elements, Public Input, and Recommendation. Councilmember Dettloff stated that this is one of the best local coastal program amendments she has looked at in a long time. She commended Senior Planner Broeren and the city consultant for their work. Councilmember Dettloff reported that the Coastal Commission staff is very impressed with the city of Huntington Beach. She stated that her concerns had been answered by Senior Planner Broeren and the consultant during her meeting with them earlier today. Mayor Green declared the hearing open. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Dettloff, second Garofalo to approve the following Planning Commission and staff recommendation: General Plan Amendment No. 99-2 and Local Coastal Program Amendment No. 99-3 by adopting Resolution No. 99-98 (Attachment No. 1) to the Request for Council Action dated November 15, 1999 — `A Resolution of the City Council of the City of Huntington Beach Adopting General Plan Amendment No. 99-2 and Local Coastal Program Amendment No. 99-3 (Updated Coastal Element) and Requesting It's Certification by the California Coastal Commission." The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None CONSENT CALENDAR -- ITEMS REMOVED FOR SEPARATE DISCUSSION Council by unanimous consensus removed the following item from the Consent Calendar for separate discussion: Resolution No. 99-101 - Design -Build Bidding Procedure and Procurement Process for Peck Reservoir Expansion Project 842 11115/99 - CouncillAgency Minutes - Page 13 CONSENT CALENDAR — ITEMS APPROVED On motion by Garofalo, second Green Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None Councilmember Sullivan requested that his abstention be recorded on the Consent Calendar item relative to the October 4, 1999 adoption of the minutes. Councilmember Sullivan requested that his no vote be recorded on the Consent Calendar item relative to the office space lease between Abdelmuti Development Company and American Express Company. (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of October 4, 1999 as written and on file in the Office of the City Clerk. Councilmember Sullivan requested the City Clerk to record his abstention on the item relative to the adoption of the October 4, 1999 minutes. (CITY COUNCIL) ADOPTED RESOLUTION NO.99-96 -- APPROVED SIDE LETTER TO MOU BETWEEN THE CITY AND THE POLICE OFFICERS ASSOCIATION TO ALLOW FTO COMPENSATION FOR COMMUNICATION OPERATORS DESIGNATED TO ACT AS TRAINING OFFICERS (720.20) — Adopted Resolution No. 99-96 to amend the Memorandum of Understanding between the City and the Police Officers Association (POA) by adding the attached side letter of the agreement to allow Communication Operators Field Training Officer compensation when designated to act as training officers - "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Side Letter Between the Huntington Beach Police Officers Association and the City of Huntington Beach Regarding Field Training Officer (FTO) Compensation for Communications Operators." (CITY COUNCIL) AUTHORIZED AWARD OF CONSTRUCTION CONTRACT TO BF CONSTRUCTION, INC. FOR THE RENOVATION OF THE CITY GYM AND POOL, PHASE TWO; CC-1043 - PROGRESS REPORT REQUESTED (600.80) — 1. Approved the lowest responsible/responsive bid submitted by BF Construction, Inc. for the renovation of the City Gym & Pool, Phase Two, CCA 043; and 2. Authorized the Mayor and City Clerk to execute the construction contract in the amount of $2,187,000; and 3. Authorized the Director of Public works to expend a total of $2,570,000 to cover the contract amount of $2,187,000, estimated construction change orders of $218.700, and supplemental expenditures of $164,300 Councilmember Harman requested updated progress report on this item. 843 Page 14 - Council/Agency Minutes—11/15/99 (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 15088 AND ACCEPTED THE PUBLIC IMPROVEMENTS — TAYLOR WOODROW HOMES, INC. W/O GOLDENWEST STREET, SIO GARFIELD AVENUE (420.60) — 1. Accepted the improvements constructed and dedicated for public use with Tract No. 15088; and 2. Released the Faithful Performance/Labor and Material No. 11141575248 and Monument Bond No. 11141575214 (The American insurance Company) pursuant to California Government Code Section No. 66499.7(b), and 3. Accepted the Guarantee and Warranty Bond No. 11133457918 (The American Insurance Company); 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, Taylor Woodrow Homes, Inc., of this action, and the City Treasurer to notify the Surety, (The American Insurance 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 RELEASE OF SECURITIES FOR TRACT NO. 14700 AND ACCEPTED THE PUBLIC IMPROVEMENTS -- TAYLOR WOODROW HOMES -- W/O GOLDENWEST STREET, S/O GARFIELD AVENUE (420.60) — 1. Accepted the improvements constructed and dedicated for public use with Tract No. 14700; and 2. Released the Faithful Performance/Labor and Material No. 11141575222 and Monument Bond No. 11141575198 (The American In urance Company) pursuant to California Government Code Section No. 66499.7(b); and s 3. Accepted the Guarantee and Warranty Bond No. 11133457892; (The American Insurance Company), the security furnished for guarantee and warranty improvements, and instruct the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Taylor Woodrow Homes, Inc., of this action, and the City Treasurer to notify the Surety, (The American Insurance 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 RELEASE OF SECURITIES FOR TRACT NO. 15355 AND ACCEPTED THE PUBLIC IMPROVEMENTS — O.C. VENTURES 11, INC. — SIE CORNER OF GARFIELD AVENUE & SEAPOINT STREET (420.60) —1. Accepted the improvements constructed and dedicated for public use with Tract No. 15355; and 2. Released the Faithful Performance/Labor and Material No. 3SM 910 379 00 and Monument Bond No. 3SM 910 380 00 (American Motorists Insurance Company) pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted Guarantee and Warranty Bond No. 3SM 910 379 00; (American Motorists Insurance Company), the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the Treasurer; and 4. Instructed the City Clerk to notify the developer, O.C. Ventures 11, Inc., of this action, and the City Treasurer to notify the Surety, (American Motorists Insurance 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) ACCEPTED GRANT OF EASEMENT DEED AND AGREEMENT - O.C. FLOOD CONTROL DISTRICT FOR STREET PURPOSES OF A PORTION OF MAGNOLIA STREET AT THE OCEAN ViEW CHANNEL — APPROVE CITY'S INDEMNITY OBLIGATION (600.25) — Approved and authorized the Mayor and City Clerk to execute the Easement Deed and Agreement from the Orange County Flood Control District. In addition, per the City Attorney's direction, approve the city's indemnity obligation requirement requested by the County and instructed the City Clerk to have the Easement Deed and Agreement recorded with the Orange County Recorder's Office. 844 11/15/99 - Council/Agency Minutes - Page 15 (REDEVELOPMENT AGENCY) APPROVED AS TO FORM: LEASE BETWEEN ABDELMUTI DEVELOPMENT COMPANY AND AMERICAN EXPRESS CO. (OCEANVIEW PROMENADE) SUITE 2B MAIN PIER REDEVELOPMENT PROJECT AREA (600.30) — Approved as to form the attached First Amendment to Office Space Lease between Abdelmuti Development Company and American Express Company for Suite 213 in the Oceanview Promenade building for a two year term beginning January 13, 2000 at the rate of $1.80 per square foot for the first year and $1.85 for the second year. Earlier in the meeting, the City Clerk had announced that the following late communications on the aforementioned item had been provided to the City Council: Communication from the Economic Development Director dated November 15, 1999 transmitting a letter from Adam Vokert, Rutan & Tucker LLP titled Curtailment of Increases in Guaranteed Rental Rate (Oceanview Promenade); Communication from Adam N. Volkert, Rutan & Tucker, LLP dated November 12, 1999 titled Owner Participation Agreement by and between the Redevelopment Agency of the City of Huntington Beach and Adbelmuti Development Company Transmitting an Appraisal of the Guaranteed Rental Rafe pursuant to the OPA. Councilmember Sullivan requested the City Clerk to record his vote as a no vote on the item relative to the approval as to farm of the lease between Abdelmuti-Development Company and American Express Company (CITY COUNCIL) APPROVED APPROPRIATION FUNDS FOR STREET TREE PLANTING ON PUBLIC PROPERTY (320,45) - Approved an appropriation of $30,000 to fund the purchase of replacement trees when the cost of those trees is reimbursed by residents. (CITY COUNCIL) APPROVED AMENDMENT NO. 1 TO AGREEMENT WITH WESTIN ENGINEERING, INC. SCADA SYSTEM MASTER PLAN FOR UPGRADING WATER SYSTEM OPERATIONS — CC-1092 (600.10) - Approved Amendment No. 1 to Agreement Between the City of Huntington Beach and Westin Engineering, Inc. to Prepare a SCADA System Master Plan for Upgrading City's System for Water Operations (CC-1092) and authorized the Mayor and City Clerk to execute the Amendment. iCITY COUNCIL) APPROVED RIGHT OF ENTRY AGREEMENT FOR MONITORING GOTHARD STREET LANDFILL FACILITY BETWEEN CITY & COUNTY OF ORANGE (REFUSE DISPOSAL STATION #101 (600.25) -1. Approved the attached new Right of Entry Agreement (Monitoring Activities) Between the County of Orange, Integrated Waste Management Department and the City of Huntington Beach and 2. Authorized the Mayor and City Clerk to execute same. (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 15087 AND ACCEPTED THE PUBLIC IMPROVEMENTS — TAYLOR WOODROW HOMES, INC. W/O GOLDENWEST STREETS/O GARFIELD AVENUE (420.60) —1. Accepted the improvements constructed and dedicated for public use with Tract No. 150i37; and 2. Released the Faithful Performance/Labor and Material No. 1114575230 and Monument Bond No. 11141575206 (The American Insurance Company) pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted the Guarantee and Warranty Bond No. 11133457900 (The American Insurance Company); 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, Taylor Woodrow Homes, Inc. of this action, and the City Treasurer to notify the Surety, (The American Insurance Company) of this action; and 5. Instructed the City Clerk to record Notice of Acceptance of Public Improvements with the Orange County Recorder. 845 Page 16 - Council/Agency Minutes—11/15/99 (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-100 - AMENDMENT TO CITY CLASSIFICATION PLAN TO ADD CLASSIFICATIONS OF DEPUTY DIRECTOR OF PUBLIC WORKS & PRINCIPAL ANALYST (700.10) —Adopted Resolution No. 99-100 —"A Resolution of the City Council of the City of Huntington Beach to Amend the City Classification Plan by Adding Two New Classifications Entitled Deputy Director of Public Works and Principal Analyst" to amend the City's Classification Plan by adding two (2) new job classifications as follows: 1) Deputy Director or Public Work' s 2) Principal Analyst. (CITY COUNCIL) AUTHORIZED THE APPROVAL OF AGREEMENT NO. D98-111 WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT — SEWER LINE MODIFICATIONS IN CONNECTION WITH PROPOSED TALBERT CHANNEL IMPROVEMENTS — APPROVED APPROPRIATION OF FUNDS —APPROVED MODIFICATION TO INDEMNITY REQUIREMENT (600.25) —1. Approved Agreement No. D98-11 between the Orange County Flood Control District and the City, and 2. Authorized the Mayor and City Clerk to execute, and 3. Authorized the Director of Administrative Services to appropriate $62,400 from the undesignated General Fund balance, and 4. Authorized the Director of Public Works to expend funds pursuant to the terms and conditions of Agreement No. D98-111 for the required modifications to the city's sewer and storm drain lines, and 5. Approved the city's indemnity obligation requirement requested by the District. (CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 14321 OF TENTATIVE TRACT MAP NO. 14321, WITH BONDS AND AGREEMENTS (CRYSTAL ISLAND) — 800' NORTHWEST OF ADAMS AVENUE117T" STREET INTERSECTION (BEHIND HBHS PARKING LOT) SASSOUNIAN & PARTNERS -- APPROVED SUBDIVISION AGREEMENT (420.60) — Approved Final Tract Map No. 14321 and accepted offer of dedication, improvements, and bonds; approve and authorize execution of the Subdivision Agreement between the city and Crystal Island LLC, pursuant to findings and requirements set forth in Attachment No. 1 to the Request for Council Action as follows: Findings for Acceptance of Final Map: 1. Final Tract Map No. 14321 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14321 conditions of approval as approved by the Zoning Administrator. 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 with the City Treasurer (Attachment No. 6): a. Faithful Performance Bond No, 3SM 959 526 00, b. Labor and Material Bond No. 3SM 959 526 00, c. Monument Bond No. 3SM 959 527 00, (American Motorists Insurance Company). 3. Instructed the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of Public works prior to recordation of the final map; d. An approved Subdivision Agreement shall be submitted (Attachment No. 5). (CITY COUNCIL) APPROVED CONSENT FOR PENDING SALE OF A 0.5 ACRE PROPERTY LOCATED ON SOUTH SIDE OF GARFIELD, EAST OF STEWART (APN 111-150-47) IN THE HOLLY-SEACLIFF DEVELOPMENT AGREEMENT AREA — FROM M.S. VICKERS 11, LLC TO THE YMCA OF ORANGE COUNTY — (AP NO. 111-150-471 (600.10) — 1. Pursuant to Section 4.2 of the Holly-Seacliff Development Agreement, approved the request by MS Vickers 11, LLC for the City Council to provide consent for the pending sale of a 0.5 acre property (APN 111- 150-47) and to the Young Men's Christian Association of Grange County; and 2. Approved and authorized the Mayor and City Clerk to execute the Certificate of Consent to the Sale of M 11/15/99 - Council/Agency Minutes - Page 17 Property and the Assumption of Rights, Duties, and Obligations by and Between the City of Huntington Beach, MS Vickers 11, L. L. C., and Young Men's Christian Association of Orange County, and authorized the City Clerk to record said document with the Orange County Recorder. (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-101 - APPROVED DESIGN -BUILD BIDDING PROCEDURE AND PROCUREMENT PROCESS FOR PECK RESERVOIR EXPANSION PROJECT (295.10) The City Council considered proposed Resolution No. 99-101 authorizing using the designed build Process for the Peck Reservoir Expansion project. Mayor Pro Tern Garofalo stressed the need to have a project manager responsible for signatures on plans etc. He also stated the need that no liability insurance be waived on this contract. Public Works Director Beardsley reported on the matter. A motion was made by Garofalo, second Dettloff to approve the staff recommendation to proceed with the Design -Build bidding procedure and procurement process for Peck Reservoir Expansion Project and to adopt Resolution No. 99-101 - "A Resolution of the City Council of the City of Huntington Beach Authorizing Using the Design -Build Process for the Peck Reservoir Expansion Project." The motion carried by the following unanimous roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) APPROVE AS AMENDED HIRING NUVIS LANDSCAPE ARCHITECTURE AND PLANNING TO PREPARE PLANS AND SPECIFICATIONS FOR MITIGATION AND CONSTRUCTION OF THE HUNTINGTON CENTRAL PARK SPORTS COMPLEX, AND ADOPTED RESOLUTION OF INTENTION NO. 99-97 TO REIMBURSE GENERAL FUND - SIX MONTHS STATUS REPORT REQUESTED (330.30) The City Council considered a communication from the Community Services Director regarding the need to have consultants prepare plans and specifications for site mitigation and construction of Huntington Central Park Sports Complex. Jim Engle, Deputy Director Community Services presented a detailed report using a slide report. The slide report was titled Plans and Specifications - HCP Sports Complex dated November 15, 1999 which had been announced earlier in the meeting by the City Clerk during Late Communications. 847 Page 18 - Council/Agency Minutes—11/15/99 Following discussion, -a motion was made by Garofalo, second Sullivan to approve an amendment to the current year budget by appropriating $1,088,757 from the General Fund balance to hire the firm of NUVIS Landscape Architecture and Planning to oversee preparation of plans and specifications for site mitigation and construction of the Sports Complex in Huntington Central Park and to adopt Resolution of Intention No. 99-97 allowing the use of bond proceeds to replenish the General Fund for expenditures related to the Sports Complex project - "A Resolution of the City Council of the City of Huntington Beach Expressing Official Intent Regarding Certain Capital Expenditures to be Reimbursed from Proceeds of an Obligation." The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None Request for Six Month Status Report Councilmember Harman requested a six month status report be presented on this item. (CITY COUNCIL) 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 ADOPTION OF ORDINANCE NOS. 34381343913440/3441/3442/3443/3444/344513446/3447 (440.50) A motion was made by Dettloff, second Green to adopt Ordinance Nos. 3438 through 3447 as follows, by roll call vote after City Clerk reads by titles, 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 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) L- . 11115/99 - Council/Agency Minutes - Page 19 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 F)." (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 Charging 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 on the West Side of Chapel, South of Ellis (Zoning Map Amendment No. 99-3, Sub Area 1)."(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 849 Page 20 - Council/Agency Minutes — 11115/99 (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3448 — ESTABLISHES SPEED LIMITS ON CERTAIN STREETS — (NEWLAND STREET FROM ADAMS AVENUE TO WARNER AVENUE) (ORANGE AVENUE FROM 17TH STREET TO GOLDENWEST STREET) (EDWARDS STREET FROM CITY LIMIT TO GARFIELD AVENUE1 (580.60) — Approved introduction of Ordinance No. 3448 — "An Ordinance of the City of Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code Pertaining to Speed Limits." A motion was made by Garofalo, second Dettloff to approve the introduction of Ordinance NO. 3448 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) APPROVED REQUEST FOR STRATEGY TO AVOID PIECEMEAL DEVELOPMENT OF REMNANT PARCELS ON BEACH BOULEVARD (120.90) The City Council considered a communication from Mayor Pro Tem Dave Garofalo regarding the proposed comprehensive study of Beach Boulevard as it relates to the continued great demand for development of remnant parcels with uses that do not generate the greatest economic value or provide the quality of urban design we are seeking. A motion was made by Garofalo, second Green to direct staff to develop a strategy to address the piece -meal development of Beach Boulevard with interim measures while Beach Boulevard is being studied. Planning Director Zelefsky responded to Councilmember Harman regarding the amount of staff time that would be involved in the initial work. The motion made by Garofalo, second Green carried by unanimous vote. (CITY COUNCIL) CIRCULATION OF REFERENDUM PETITION RE: EMINENT DOMAIN — DOWNTOWN REDEVELOPMENT AGENCY AREA - CITY ATTORNEY AND CITY CLERK REQUESTED TO PREPARE A REPORT (620.30) The City Council considered a communication from Councilmember Ralph Bauer to the City Attorney and City Clerk regarding the following: Statement of Issue: I have received the attached letter from a constituent. I am concerned that petition circulators may be doing something illegal. The constituent in question is willing to file an affidavit swearing to the fact that: 1. The circulator identified himself as "Aaron" but would not provide a last name. 2. The circulator was not telling the truth in that he said 500 homes were being condemned. 3. The circulator did not show the signers the intent of the petition or what the issue was really about. 4. The circulator would not identify the organization for whom he was working. A motion was made by Bauer, second Garofalo to request that the City Clerk and the City Attorney review the issue at hand for legality. Further, it is requested that if appropriate, all signatures gathered by "Aaron" be disqualified because they were obtained under false pretenses. City Attorney Hutton report on the subject 850 11/15/99 - Council/Agency Minutes - Page 21 Discussion was held among City Councilmembers, City Attorney, and the City Clerk. The City Clerk recommended that the Attorney General's office be contact prior to formulating any guidelines for circulation of petitions. Following discussion, the motion made by Bauer, second Garofalo was amended to direct that the City Attorney and City Clerk return to Council with a report with recommendations which deals with the circulation of petitions dealing with issues in the city; and to return to Council with a report on what requirements if any can be required of anyone who circulates a petition. Mayor Pro Tern Garofalo stated that he could contact Assemblyman Scott Baugh to make efforts to obtain full disclosure in petition circulation issues. The motion made by Bauer, second Garofalo, as amended, carried unanimously. (CITY COUNCIL) WAL-MARTICRESTVIEW ISSUE DEBATE ON CHANNEL 3 (620.30) The City Council considered a communication from Councilmember Sullivan regarding the following: Statement of Issue: The proposed Wal-Mart project at the Crestview site is a very controversial issue and the subject of an election. In total, 22,000 residents signed petitions to put the question on the ballot. The matter should be debated on Channel 3 to provide information, both pro and con to the voters. The communication contained the following recommended action: 1. Televise a debate on the Wal-Mart/Crestivew issue on Channel 3 which would include the following elements: a. Include two (2) proponents on each side of the issue. b. Be interactive, with each side able to ask questions of the other. c. 1 to 1.5 hours in length. d. Air on Channel 3 the last three (3) weeks in February and the first week in March. e. Air a minimum of three (3) times per week, including two (2) weekday evenings between 7:00 p.m and 9.00 p.m. 2. Schedule a pre - debate meeting of both sides to determine mutually acceptable format and moderator. Councilmember Sullivan reported on his proposed recommendation. A motion was made by Sullivan, second Green to approve recommended action No. 1 a through e and No. 2. A substitute motion was made by Bauer, second Dettloff that staff in consultation with the League of Women Voters, a detailed Channel 3 policy be developed for handling controversial subjects which are of local origination and which are on the ballot to be addressed and should include but not be limited to: 1. Structure and format of the program 2. Moderator — selection and role 3. Preferred Venue For Fair Programming 4. Selection and number of participants 5. Frequency and times to be re -broadcast 6. Length of the program 7. Financing of the program S. Any other details which should be addressed 9. That the staff return to Council with a proposal at their earliest convenience 851 Page 22 - CouncillAgency Minutes—11115/99 329 Further discussion was held. Councilmember Bauer presented reasons why he believes the League of Women Voters to be the proper vehicle by which to sponsor the different view points on this issue. City Administrator Silver and Publication Information Officer Rich Barnard spoke regarding the matter. Public Information Officer Barnard stated that he believes this is a good time to address the issue for now and in the future and that it needs to be resolved quickly. City Administrator Silver stated that staff could return to the Council on December 6, 1999 regarding this matter. City Attorney Hutton recommended a forum could be held at the library conducted by Carol Kirkwood, League of Women Voters, which organization would facilitate the debate with decorum. The substitute motion made by Bauer, second Dettloff carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Dettloff NOES: Green, Harman, Sullivan ABSENT: None Distribution of Materials to Council During Public Comments — Procedure (120.10) Councilmember Sullivan requested that when materials are distributed to the City Council from individuals addressing Council during the Public Comments portion of the meeting that they not be stopped during the distribution at a certain point as had been done during this meeting. ADJOURNMENT - CITY COUNCILIREDEVELOPMENT AGENCY A motion was made to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Friday, November 19, 1999 at 10:00 a.m. in room D, at Central Library, 7111 Talbert Avenue, Huntington Beach, California.. (City Council/Department Head Project Priority Workshop) and to conduct a workshop with Senator Ross Johnson regarding funding opportunities for the next legislative session. ATTEST: City Clerk/Clerk City Clerk and ex -of icio Clerk of theltity Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor/Chairman 852