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HomeMy WebLinkAbout1999-12-06 (12)MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. — Council Chamber 6:00 P.M. — Council Chamber Civic Center, 2000 Main Street Huntington Beach, California Monday, December 6, 1999 An audiotape of the 5:00 p.m. portion of this meeting and a videotape of the 7:00 p.m. portion of this meeting 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 5:00 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None MOTION REGARDING THE NEED TO TAKE EMERGENCY ACTION ON AN ITEM WHICH AROSE SUBSEQUENT TO THE POSTING OF THE AGENDA — APPROVED A motion was made by Garofalo, second Harman, regarding the need to take action regarding Mulligan vs City vs Redevelopment which arose subsequent to the posting of the agenda pursuant to Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None MOTION TO RECESS TO CLOSED SESSION A motion was made by Harman, second Garofalo 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 54957.6 to meet with 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) (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 Agency is a part. The title of the litigation is Mulligan vs Redevelopment Agency; - Orange County Superior Court Case No. 74009. Subject: Mulligan vs. Redevelopment Agency 866 12/06/99 — Council/Agency Minutes — Page 2 CITY COUNCIL/REDEVELOPMENT AGENCY MEETING RECONVENED CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by Pearl Harbor Survivors Association, Orange County Chapter 14. INVOCATION The invocation was offered by Father Bruce Patterson, St. Bonaventure Catholic Church, Huntington Beach and Bruce Templeton, First Christian Church, Huntington Beach. MAYOR GREEN'S ANNUAL STATE OF THE CITY ADDRESS Mayor Peter Green gave his annual state of the city address. PRESENTATIONS BY COMMUNITY MEMBERS TO MAYOR GREEN The "Green Team" presented a comedy presentation to Mayor Peter Green. This comedy presentation expressed their sincere gratitude and appreciation to Mayor Peter Green for his dedicated service to the city. Presentations were made to outgoing Mayor Green from Barbara Boskovich representing Crest View United; by Dennis Brown representing Senator Ross Johnson; and by Jim Silva, member of the Orange County Board of Supervisors. ELECTION OF MAYOR FOR ENSUING YEAR The City Clerk called for a motion to elect a new Mayor for the city of Huntington Beach. Following a motion made by Harman, second Julien, Mayor Pro Tern Garofalo was elected Mayor by acclamation of Council. OATH OF OFFICE ADMINISTERED TO THE NEW MAYOR GAROFALO BY THE HONORABLE KATHLEEN E. O' LEARY PRESIDING JUDGE OF THE ORANGE COUNTY SUPERIOR COURT The oath of office was administered to newly elected Mayor Dave Garofalo by the Honorable Kathleen E. O'Leary, Presiding Judge of the Orange County Superior Court. The City Clerk turned the gavel over to newly elected Mayor Dave Garofalo. 867 1216199 - Council/Agency Minutes - Page 3 ELECTION OF MAYOR PRO TEMPORE FOR ENSUING YEAR Mayor Garofalo called for a motion to elect a Mayor Pro Tempore for the city of Huntington Beach. Following a motion made by Julien, second Sullivan, Councilmember Tom Harman was elected Mayor Pro Tempore by acclamation of Council. COMMENTS BY NEWLY ELECTED MAYOR DAVE GAROFALO Mayor Garofalo addressed the City Council and audience regarding the goals he hopes the city can achieve in the forthcoming year. The members of the City Council, the staff and the audience recessed to the reception for Mayor Garofalo in the meeting rooms adjacent the Council Chambers. CITY COUNCILIREDEVELOPMENT AGENCY MEETING RECONVENED AT APPROXIMATELY 7:58 P.M. ROLL CALL Present: Julien, Bauer, Harman, Garofalo, Green, Dettloff, Sullivan Absent: None 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. City Administrator's Report to Council dated December 2, 1999 titled Capital Improvement Program Funding in the 1990's. Revised Agenda pages 9, 10, 11,12,13 submitted by the City Clerk submitting the agenda item relative to City Clerk's Certification of Results to City Council of Sufficiency of Referendum Petition against an ordinance passed by the City Council. Communication from the Deputy City Administrator dated December 6, 1999 transmitting a Summary of November 30, 1999, Meeting with Representatives of the League of Women Voters of Orange Coast Regarding the Crestview Debate. Communication from Chris E. Ema, P.E., Institute of Transportation Engineers dated December 6, 1999 transmitting Proposed O.C. Transportation Relief? Two communications from Councilmember Bauer as follows: 1: Light Rail Presentation for Huntington Beach Councilmember Ralph Bauer at OCTA November 22, 1999 9:00 a,m, Public Hearing, 2. "Some Basic Objective of Light Rail in Western Orange County" dated December 6, 1999. 868 12/06/99 -- Council/Agency Minutes — Page 4 Communication from the City Attorney dated December 6, 1999 titled Agenda Item F-3, City Council Meeting of December 6, 1999 Referendum Election and Council Eligibility to Participate. City Clerk's Certification of Results to City Council of Sufficiency of Referendum Petition Against an Ordinance Passed by the City Council — Ordinance No. 3436 Extending Use of Eminent Domain for Residential Property in a Limited Portion of the Main -Pier Constituent Area of the Redevelopment Project Area Communication from the Planning Director dated December 6, 1999 titled Late Communication for Program Amendment N. 99-4 submitting substitute ordinance as "Exhibit A" to Resolution No. 99-104. Slide show presentation from the Public Works Director dated December 6, 1999 titled Orange County Transportation Authority Centerline Project Light Rail Transit System. Nine page slide show presentation of photographs and sketches from the Economic Development Director dated December 6, 1999, PUBLIC COMMENTS JAN VANDERSLOOT addressed Council regarding his concerns on the agenda items regarding the reimbursement agreement between Shea Homes and the city relative to the environmental impact report (EIR) for the development. He stated that the reasons that money in excess of the contracted $75,000 is required is due to public concern on the project. He stated that if this contract amendment is approved by Council, the environmental firm should be fair and unbiased in its response and recognize the wetlands and floodplain values of the property as being part of the original Bolsa Chica mesa. DOUGLAS STEWART spoke relative to an inquiry he made of staff on a possible conflict of interest between EDAW - the environmental firm, and the city contract regarding Shea Properties. He stated that he received a response and bidding process information from staff and was informed that there was no conflict. Mr. Stewart said that he, like Mr. Vandersloot, hopes that the costs of the environmental impact report (EIR) do not continue to escalate Mr. Stewart stated that the volume of public responses to the EIR should have been anticipated, and perhaps the original EIR is not all it should be. DAVID MOOTCHNIK spoke regarding the need for the Centerline Light Rail Project to be the best plan it can be for the public. He presented reasons why the plan will not meet the public's needs even though OCTA has attempted to do so. He stated that the costs of such a 12-mile system would consume one billion dollars in Measure M and other funds and handle only one - fifth of the county's ridership. He said that the 28-mile route Orange County Transit Authority (OCTA) proposes would be just as ineffective. He quoted longer travel times for the Centerline as compared to the Orange County Metrolink. He recommended that Rapid Bus and Express Bus service lines be investigated which he envisions would be faster, more convenient, and less costly. TRACY PELLMAN spoke in support of Mayor Garofalo's leadership in finding good commercial Projects like Wal-Mart, which she stated will bring needed revenue to upgrade public safety, repair streets, clean up beaches, and most importantly to provide better education for the children of Huntington Beach. 869 12/6199 - Council/Agency Minutes - Page 5 PAM WALKER thanked Mayor Garofalo for his support of the community and the schools and the rights of the community and of the Ocean View School District and students. She stated that the Wal-Mart project will provide revenue and upgrades to the city. BARBARA BOSKOVICH spoke in opposition to the size of the small print on a campaign mailer put out by Save Our School, Save Our City, titled, "Four Reasons Why the Beach -Talbert Rezone Initiative is Bad for Our Schools and Bad for Our City." She stated the difficulty caused by the font size to read that the brochure was paid for by the Coalition of Taxpayers, Educators, Public Safety Officials, Business Leaders, and Wal-Mart Stores, Inc. ROBERT CRONK distributed a copy of the Orange County Weekly newspaper. He referred to an article regarding certain Councilmembers' bank investments. He stated that the Save Crestview Coalition has placed the article on the internet. He displayed a banner with the web site address of Crestview Coalition. Mr. Cronk stated that should the site ever be let to bid that both a private school, and the Archdiocese of Orange are interested in bidding for the Crestview School site. DON MCGEE stated his plea to Council on behalf of mobile home owners whom he stated cannot afford the highly -priced legal assistance it takes to fight the battle for rent control. He spoke regarding an article regarding a developer's shoddy work and an article regarding some of the Councilmember's investments in a bank. RALPH PECK, Chairperson, Huntington Beach Cares, spoke in support of placing the ordinance to establish residential eminent domain on the March i, 2000 special election rather than to be repealed by the Council. GIL SCHAUER expressed his concern over the recreational vehicle parking lot issue between 11th and Goldenwest Streets. He stated that he received notice that the city had withdrawn its application for Coastal Permit 99-21 relative to this item, and that it is being removed from the city's Major Projects List, Mr. Schauer requested Council to confirm staffs notification on Bluff Bottom parking, that the project is dead and not just lowered in priority on the list. VIRGINIA SIMS spoke regarding what she reads as inaccuracies in an article about the Christmas employee luncheon on December 9, 1999. She reported that it was written in a newspaper column in the Independent titled, "Nobody Asked Me, But. . .". She also commended the firefighters, police officers, and councilmembers for their honesty. Ms. Sims expressed her hopes for a successful luncheon. CHAUNCY ALEXANDER spoke relative to the work of the Infrastructure Advisory Committee, of which he is a member, and the need for infrastructure improvements. He complimented staff on its in-depth analyses of the city's maintenance requirements. Mr. Alexander mentioned complaints made by the public on the lack of legislative equity in the downtown area regarding parking meter rates, the public parking structure subsidy for merchants, and the preferential treatment received by Farmers Market booth operators. BILL GALLEGOS requested that the seating on the walkway outside his downtown restaurant be allowed to continue. He stated that he had tables for service there until four years ago when he received notice from the city that he would be fined $50 due to a Coastal Commission requirement. Mr. Gallegos spoke about the unfairness of other businesses being allowed to use public space, e. g. the Farmers Market merchants, who are now able to relocate to Pier Plaza. 870 12/06/99 — Council/Agency Minutes — Page 6 GERALD CHAPMAN, resident of the Ellis -Golden West quarter section, requested the gating of his community. He stated that the meeting held the previous week between his homeowners association, city staff and a major landowner was successful, and that he believes it will result in his having his quarter section gated, the required park relocated, save the city money, and allow the landowner to develop his property. TOPPER HORACK spoke in opposition to the employee luncheon clue to costs and requested an accounting of costs. COUNCIL COMMITTEE/COUNCIL LIAISON REPORTS OCTA (ORANGE COUNTY TRANSPORTATION AUTHORITY) BOARD MEETING REPORT. A report on the meeting held by the Orange County Transportation Authority Board and the various participants, including cities and members of the community was made. Councilmember Bauer reported on the discussion held regarding organizing the committee. He also reported on Measure M funds. CITY ADMINISTRATOR'S REPORT - CAPITAL IMPROVEMENT PROGRAM FUNDING IN THE 1990's City Administrator Silver reported on his communication to Council dated December 2, 1999 titled Capital Improvements Program Funding in the 1990's which had been announced earlier in the meeting by the. City Clerk as a late communication. He informed Council that the city, in spite of state funding reductions in the 1990's, and the recession, has been very diligent and committed to spend what is possible on infrastructure repair. He stated that the total funds appropriated and/or expended during the decade is $388,895,167. COUNCIL) REPORT REGARDING MEETING WITH LEAGUE OF WOMEN VOTERS REGARDING PROPOSED TELEVISION DEBATE ON THE TOPIC OF THE CREST VIEW CLOSED SCHOOL SITE - MAYOR PRO TEM HARMAN TO BE LIAISON TO COMMUNITY PANEL (160.10) Rich Barnard, Deputy City Administrator/Public Information Officer, reported on the communication he had prepared for the City Administrator dated December 1, 1999 titled Summary of November 30, 1999 Meeting with Representatives of the League of Women Voters of Orange Coast Regarding the Crest View Debate which was announced earlier in the meeting by the City Clerk as a late communication. He reported on the procedure outlined in the document. Mayor Garofalo announced that Councilmember Harman would be a liaison to the community panel. (REDEVELOPMENT AGENCY) CONTINUED OPEN TO DECEMBER 20, 1999 - PUBLIC HEARING BY REDEVELOPMENT AGENCY RE: THE FIVE YEAR IMPLEMENTATION PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT (410.05) Mayor Garofalo announced that this was the time scheduled for a public hearing pursuant to Section 33490 of the California Community Redevelopment Law, Health and Safety Code Sections 33000 et seq. ("Law"), the Redevelopment Agency of the City of Huntington Beach ("Agency") will conduct a public hearing to consider adoption of a Five-year Implementation Plan for the Huntington Beach Redevelopment ("Project"). 871 1216199 - Council/Agency Minutes - Page 7 The proposed Implementation Plan contains the Agency's goals and objectives for the Project, the proposed programs and expenditures for the next five -years, and an explanation of how these goals, objectives, programs, and expenditures will eliminate blight within the Huntington Beach Redevelopment Project Area and implement the requirements of the Law. Legal notice as provided to the City Clerk's Office by staff had been published and posted. Mayor Garofalo declared the hearing open. A motion was made by Green, second Dettloff to open and continue the public hearing open to December 20, 1999 on the Five Year Redevelopment Implementation Plan and Housing Compliance Plan with public testimony to be taken at that time. The motion carried unanimously. CONSENT CALENDAR - ITEMS REMOVED FOR SEPARATE DISCUSSION Council by unanimous consensus removed the following item from the Consent Calendar for separate discussion: Amendment No. 2 to the Consulting Services Contract with EDAW, Inc. for Completion of the Parkside Estates Environmental Impact Report (EIR No. 97-2) — (50 acre site commonly known as the Beanfield/MWD Site) CONSENT CALENDAR - ITEMS APPROVED On motion by Garofalo, second Green approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (CITY COUNCILIREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of October 18, 1999 and November 1, 1999 as written and on file in the Office of the City Clerk (CITY COUNCIL) APPROVED REIMBURSEMENT AGREEMENT BETWEEN CITY & SHEA HOMES, L.P. FOR PROFESSIONAL PLANNING SERVICES IN CONNECTION WITH THE PARKSIDE ESTATES ENVIRONMENTAL IMPACT REPORT (EIR NO.97-2) — (50 ACRE SITE COMMONLY KNOWN AS THE BF-ANFIELD/MWD SITE) APPROVE FUND APPROPRIATION (600.10) —1. Approved Reimbursement Agreement Between the City of Huntington Beach and Shea Homes, L.P. for Professional Planning Services, as presented by the City Attorney subject to mutual agreement by the city and Shea Homes, Inc., and authorized the Mayor and City Clerk to sign, and 2. Approved the appropriation of additional funds in the amount of ($73,920.00) for completion of the Parkside Estates Environmental Impact Report (EIR No. 97-2). (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-102 — DISPOSITION OF RECORDS — CITY TREASURER'S OFFICE (170.50) — Adopted Resolution No. 99-102 granting authorization to destroy the records listed in Exhibits "1-7" — "A Resolution of the City Council of the City of Huntington Beach Authorizing Destruction of Certain City Records." 872 12/06199 — Council/Agency Minutes — Page 8 (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-103 — AMENDMENTS TO CITY CLASSIFICATION PLAN — (INFORMATION TECHNOLOGY CLASSIFICATIONS) (700.10) — Adopted Resolution No. 99-103 — "A Resolution of the City Council of the City of Huntington Beach to Amend the City Classification Plan by Modifying the Classifications Involving Information Technology and by Adding New Classifications." (CITY COUNCIL) TRACT NO. 14355 SUBSTITUTION OF BONDS AND SUBDIVISION AGREEMENT — SEACLIFF VENTURES, L.P. & LENNAR HOMES OF CALIFORNIA, INC. — (HOLLY-SEACLIFF SPECIFIC PLAN) NNW CORNER OF GARFIELD AVENUE AND EDWARDS STREET -- (FORMERLY PLC LAND COMPANY) (600.10) —1. Released PLC Land Company's Subdivision Agreement and Bond Nos. 3SM 913 212 00 and 3SM 913 211 00, (American Motors Insurance Company) the securities furnished for Faithful Performance/Labor & Material and Monuments respectively; and 2. Accepted Seacliff Ventures, L.P. Subdivision Agreement and Bond Nos. SDO0083514 and SD00083515, (Frontier Pacific Insurance Company) the securities furnished for Faithful PerformancelLabor & Material and Monuments respectively, and approved and authorized the Mayor and City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and, 3. Accepted Lennar Homes of California, Inc. Subdivision Agreement and Bond Nos. 111 3346 4286 and 111 3346 4294, (The American Insurance Company) the securities furnished for Faithful Performance/Labor & Material and Monuments respectively, and approved and authorized the Mayor and City Clerk to execute the Subdivision Agreement and file the Bonds with the City Treasurer; and 4. Instructed the City Clerk to notify the previous developer, PLC Land Company, of this action; and the City Treasurer to notify the bonding company, (American Motorists Insurance Company). (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 15109 AND ACCEPTED THE PUBLIC IMPROVEMENTS — CENTERSTONE DEVELOPMENT — EIS BEACH BOULEVARD, SIO ADAMS AVENUE (420.60) —1. Accepted the improvements constructed and dedicated for public use with Tract No. 15109; and 2. Released the Faithful Performance/Labor and Material and Monument Bond No. 1317993, (Amwest Surety Insurance Company) pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted the Guarantee and Warranty Bond No. 1317993, (Amwest Surety Insurance Company) the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Centerstone Development Company, of this action, and the City Treasurer to notify the surety, (Amwest Surety 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 THE SEAPOINT AT PACIFIC COAST HIGHWAY PEDESTRIAN ACCESS RAMP PROJECT CC-1022, AND FILE A NOTICE OF COMPLETION — KAS EQUIPMENT & RENTAL, INC.(600.70) — Accepted the Seapoint at Pacific Coast Highway Pedestrian Access Ramp Project CC-1022 at a final cost of $100,412, and authorized the City Clerk to file a Notice of Completion with the Orange County Recorder. (CITY COUNCIL) APPROVED SAMPLE AGREEMENT FOR PURCHASE & SALE OF REAL PROPERTY AND ESCROW INSTRUCTIONS FOR UNIMPROVED REAL PROPERTY LOCATED AT CORNER OF CLAY AVENUE AND MAIN STREET (APN 111-150-25) — (HOLLY- SEACLIFF PROJECT AREA — (B. ANTHONY & S. ANTHONY) (600.10) —1. Approved Sample Agreement for Purchase and Sale of Real Property and Escrow Instructions and authorize Mayor and City Clerk, on behalf of the City of Huntington Beach, to sign and attest to said agreement when prepared in final form and as approved as to form by the City Attorney. Said agreement is 873 1216199 - Council/Agency Minutes - Page 9 with the 111h and 12`h persons (out of a total of 12 people) who own undivided interests in this property; and 2. Authorized city staff to open two escrows, at First American Title Company in Santa Ana, to consummate the acquisition of the interests of these two persons. (CITY COUNCIL) APPROVED APPOINTMENTS TO ENVIRONMENTAL BOARD — ALPERTIKEPESIPRIJATEL (110.20) — Approved appointments of Mark Alpert to a first full term which will expire on December 31, 2003, and appointed Garry Kepes to complete the term of Rich Davis which will expire on June 30, 2002, and appointed Joan Prijatel to complete the term of Jenifer Lee which expires on June 30, 2000. (CITY COUNCIL) AUTHORIZED APPROVAL OF AGREEMENT D98-119 WITH ORANGE COUNTY FLOOD CONTROL DISTRICT FOR DESIGN & CONSTRUCTION OF IMPROVEMENTS TO A PORTION OF THE CITY -OWNED CORSICAN (MURDY) CHANNEL & AUTHORIZE TEMPORARY EASEMENT TO COUNTY (600.25) - 1. Approved Agreement No. D98-119, between the Orange County Flood Control District and the City; and 2. Authorized the Mayor and City Clerk to execute Agreement No. ❑98-119; and 3. Authorized the Director of Public Works to expend monies per the terms and conditions of Agreement No. D98-119 for the removal of a portion of the existing concrete trapezoidal channel, and the construction of a new, larger rectangular concrete channel; and 4. Authorized the District a temporary easement adjacent to the channel's westerly right-of-way for the purpose of constructing and inspecting the City's new channel improvements (CITY COUNCIL) ADOPTED RESOLUTION NO.99-105 — APPROVES DESIGNATION OF SHARI L. FREIDENRICH, JAMES SLOBOJAN, DAN T. VILLELA & JOHN REEKSTIN TO SIGN FOR AND EXECUTE FINANCIAL TRANSACTIONS IN THE NAME OF THE CITY OF HUNTINGTON BEACH (630.50) — Adopted Resolution No. 99-105 -- "A Resolution of the City Council of the City of Huntington Beach Authorizing the Manual andlor Facsimile signatures of Shari L. Freidenrich, John Reekstin, Dan T. Villella and James Slobojan." (CITY COUNCIL) APPROVED AMENDMENT NO. 2 TO THE CONSULTING SERVICES CONTRACT WITH EDAW, INC. FOR COMPLETION OF THE PARKSIDE ESTATES ENVIRONMENTAL IMPACT REPORT (EIR NO. 97-2) — (50 ACRE SITE COMMONLY KNOWN AS THE BEANFIELD/MWD SITE) (600.10) — The City Council considered a communication from the Planning Director recommending approval of an amendment to the Consulting Services Contract with EDAW, Inc. for completion of the Parkside Estates Environmental Impact Report. Councilmember Sullivan questioned if the developer is paying for all of the environmental impact report work. Planning Director Zelefsky reported that there is no cost to the city. In response to Councilmember Sullivan, Planning Director Zelefsky explained the increased cost is attributed to past work, increased public comment and need for biological studies. 874 12/06/99 — Council/Agency Minutes — Page 10 A motion was made by Sullivan, second Dettloff to approve the following recommended action: 1. Approve Amendment No. 2 to Agreement between the City of Huntington Beach and EDAW, Inc. for Preparation of E10 97-2 for additional services in the amount of $73,920.00 to complete the Parkside Estates Environmental Impact Report (EIR No. 97-2), for a total contract amount not to exceed $209,332.00; and 2. Approve the appropriation of additional funds in the amount of $73,920.00 for completion of the Parkside Estates Environmental Impact Report. Discussion was held between Councilmember Bauer and Planning Director Zelefsky regarding the waiver by the applicant relative to the time element for processing. The motion made by Sullivan, second Dettloff carried by the following roll tail vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES None ABSENT: None (CITY COUNCIL) APPROVED AS AMENDED A MOTION SUPPORTING AN ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) CENTERLINE PROJECT fS6&4 The City Council considered a communication from Director of Public Works Beardsley regarding the proposed OCTA Centerline project, originally proposed as a 28 mile rail transit corridor between the Fullerton Transportation Center and the Irvine Transportation Center passing through seven cities (Fullerton, Anaheim, Garden Grove, Orange, Santa Ana, Costa Mesa and Irvine). OCTA now recommends shortening the route to about 10 to 12 miles between Costa Mesa and Irvine. Tom Brohard, Junior Engineer/Public Works Department, presented a slide report which had been announced earlier in the meeting by the City Clerk during late communications. The slide report, dated December 6, 1999 is titled Orange County Transportation Authority Centerline Project Light Rail Transit System. Earlier in the meeting the following late communications were announced by the City Clerk: Communication from Chris E. Ema, Institute of Transportation Engineers dated December 6, 1999 titled Proposed O.C. Transportation Relief? Two communications from Councilmember Bauer as follows: 1: Light Rail Presentation for Huntington Beach Councilmember Ralph Bauer at OCTA November 22, 1999 9:00 a,m, Public Hearing. 2. "Some Basic Objective of Light Rail in Western Orange County" dated December 6, 1999. City Administrator Silver spoke regarding what he believes will be the city's future involvement in this area. Councilmember Bauer spoke regarding his attendance at the League of Cities meeting and his report which had been distributed in the late communication packet. 875 1216199 - Council/Agency Minutes - Page 11 Councilmember Green requested clarification of the recommended action as it appears to differ from that of the Request for Council Action document. City Administrator Silver reported on what is the staffs recommendation; that it is as set forth on the City Council agenda. Councilmember Green stated that a mixed signal should not be sent to the OCTA. City Administrator Silver and Tom Borhard, Junior Engineering/Public Works Department, reported further. Councilmember Dettloff presented questions to staff including whether staff knows of cities which are successful in implementing light rail, alternatives to light rail such as electric buses and improvement of air quality. Mr. Brohard, Junior Engineering/Public Works Department, stated he would like to prepare a report for Council on this subject. A motion was made by Garofalo, second Dettloff that Council approve a motion supporting an Orange County Transportation Authority Centerline Project with the condition that Council direct the City Administrator to send a letter to encourage short and long term goals that enhance West Orange County cities in this vision. The motion carried unanimously. JOINT MEETING BETWEEN CITY COUNCILIREDEVELOPMENT AGENCY & HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY (125.40) ROLL CALL OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY DIRECTORS Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: None PUBLIC FINANCING AUTHORITY MINUTES APPROVED A motion was made by Garofalo, second Dettloff to approve and adopt minutes of the December 21, 1998 meeting of the Huntington Beach Public Financing Authority as written and on file in the Office of the Secretary. The motion carried unanimously with Director Julien abstaining as she had not been present at the meeting. ADJOURNMENT Chairman Garofalo adjourned the annual meeting of the Huntington Beach Public Financing Authority. (CITY COUNCIL) CITY CLERK'S CERTIFICATION OF RESULTS TO CITY COUNCIL OF SUFFICIENCY OF REFERENDUM PETITION AGAINST AN ORDINANCE PASSED BY THE CITY COUNCIL — ORDINANCE NO.3436 EXTENDING USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY IN A LIMITED PORTION OF THE MAIN -PIER CONSTITUENT AREA OF THE REDEVELOPMENT PROJECT AREA - INTRODUCTION OF ORDINANCE NO.3450 REPEALING ORDINANCE NO.3436 - APPROVED (620.30) The City Council considered a communication from the City Clerk submitting the City Clerk's report of certification of sufficiency of referendum petition to the City Council. The County Registrar of Voters Certificate as to Verification of Signatures on Petition dated December 3, 1999 is submitted. Said certificate sets forth that said petition contains the required number of verified signatures, 876 12106/99 — Council/Agency Minutes — Page 12 having not less than 10%, causing the effective date of the ordinance to be suspended, and for the City Council to reconsider Ordinance No. 3436. The City Council may entirely repeal the ordinance against which the referendum petition is filed. The City Council may call a special election (March 7, 2000) to submit Ordinance No. 3436 to the voters or may submit the ordinance at the next General Municipal Election on November 7, 2000. 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 the City Attorney dated December 6, 1999 titled Agenda Item F-3, City Council Meeting of December 6, 1999 Referendum Election and Council Eligibility to Participate. (City Council) City Clerk's Certification of Results to City Council of Sufficiency of Referendum Petition Against an Ordinance Passed by the City Council — Ordinance No. 3436 Extending Use of Eminent Domain for Residential Property in a Limited Portion of the Main -Pier Constituent Area of the Redevelopment Project Area Nine page slide show presentation of photographs and sketches from the Economic Development Director dated December 6, 1999. Due to a conflict of interest Mayor Garofalo excused himself from participation in this portion of the meeting and turned the meeting over to Mayor Pro Tern Harman. Councilmebers Julien and Bauer also excused themselves from participation due to a conflict of interest. City Attorney Hutton clarified that Council has an option to repeal Ordinance No. 3436 by adopting Ordinance No. 3450. She stated that another option is that an election can be held on March 7, 2000 if the election is called at this meeting. If neither of these two options are taken by the City Council the matter would be set before the voters at the November 7, 2000 General Municipal Election. City Attorney Hutton further informed Council that to place this item on the ballot would require four votes as it constituted an expenditure of money for the extra amount of funds necessary to pay the County Registrar of Voters. She stated that all members of the City Council may participate in the vote to place the matter on the ballot. She referred to Section 500 of the City Charter. City Administrator Silver stated that this referendum affects only El Don Liquor Store and Papa Joe's Pizza, constituting ten residential rentals. He referred to photographs and a map on the wall behind the City Council chairs. Councilmember Harman clarified his understanding of the options available to Council. Councilmember Dettloff urged Councilmembers to repeal Ordinance No. 3436 and presented reasons including that there may be only one property affected if the other property is currently in negotiation. She stated that the other property will not have that great of an effect on the project and she hopes that negotiations can be held with that property owner. 877 12i6199 - Council/Agency Minutes - Page 13 A motion was made by Dettloff, second Sullivan to repeal Ordinance No. 3436 by approving introduction of Ordinance No. 3450 —An Ordinance of the City of Huntington Beach Repealing Ordinance No. 3436. Said Ordinance Had Approved and Adopted an Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to Extend the Use of Eminent Domain for Residential Property in a Limited Portion of the Main -Pier Constituent Area of the Project Area." Councilmember Green spoke regarding the reasons why he will vote for this motion to repeal Ordinance No. 3436. Following a reading by title by the City Cleric of Ordinance No. 3450, the motion made by Dettloff, second Sullivan to approve introduction of Ordinance No. 3450 carried by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff NOES: None ABSENT: None ABSTENTIONS: Bauer, Julien, Garofalo (CITY COUNCIL) APPROVED ADOPTION 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 AVENUE) (580.60) — 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. " Street Limits Current MPH Proposed MPH Newland Street Adams Ave. to Warner Ave. 50 45 Orange Avenue 17t" St. to Goldenwest St. 40 30 Edwards Street City Limit to Garfield Ave. 40-50 40 A motion was made by Garofalo, second Harman to adopt Ordinance No. 3448 after the City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None 878 12/06/99 — Council/Agency Minutes — Page 14 (CITY COUNCIL) APPROVED RE -ADOPTION OF AMENDED ORDINANCE NO. 3433 — APPROVING ZONING TEXT AMENDMENT NO. 98-4 (DOWNTOWN OUTDOOR DINING WITH ALCOHOL) (450.20) A motion was made by Garofalo, second Dettloff to approve the re -adoption of amended Ordinance No. 3433 after the City Clerk reads by title - "An Ordinance of the City Council of the City of Huntington Beach Amending the Downtown Specific Plan by Amending Section 4.2.33 Thereof Titled "Outdoor Dining." (When the City Council approved the second reading of Ordinance No. 3433 on August 16, 1999, the ordinance at that time had not been amended to reflect two modifications approved by Council on August 2, 1999, at the time the ordinance was introduced. Ordinance No. 3433 has now been revised to reflect those two modifications and requires a second reading for re -adoption.) The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff NOES: Bauer ABSENT: None CITY COUNCIL) ADOPTED RESOLUTION NO.99-104 ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO.99-4 & REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION (RELATIVE TO ORDINANCE NO. 3433 — DRINKING ALCOHOL IN OUTDOOR DINING AREASIPUBLIC PLACES) (450.20) The City Council considered a communication from the Planning Director transmitting proposed Resolution No. 99-104 adopting Local Coastal Program Amendment No. 99-4 and requesting its certification by the California Coastal Commission (Relative to Ordinance No. 3433 — Drinking Alcohol in Outdoor Dining Areas/Public Places. Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: Communication from the Planning Director dated December 6, 1999 titled Local Coastal Program Amendment No. 99-4 and "Exhibit A" to Resolution No. 99-104. A motion was made by Sullivan, second Dettloff to adopt Resolution No. 99-104 - "A Resolution of the City Council of the City of Huntington Beach, California Adopting Local Coastal Program Amendment No. 99-4 and Requesting Its Certification by the California Coastal Commission". The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff NOES: Bauer ABSENT: None 879 1216199 - Council/Agency Minutes - Page 15 (CITY COUNCIL) APPROVED FORMATION OF AD HOC CITY COUNCIL COMMITTEE ON A ROTATING BASIS - TO MEET WITH MEMBERS OF SOUTHEAST HUNTINGTON BEACH HOMEOWNERS ASSOCIATION - APPROVED RETURNING WITH FORMATION OF COMMITTEE TO MEET WITH HUNTINGTON HARBOUR HOMEOWNERS ASSOCIATION - ELLISIGOLDENWEST HOMEOWNERS ASSOCIATION. (110.10) The City Council considered a communication from Councilmember Ralph Bauer recommending that the City Council appoint a three member Council Committee to meet monthly with representatives of the Southeast Huntington Beach Homeowners Association to discuss items of mutual interest. Councilmember Bauer reported on reasons why he had placed this item on the City Council agenda. A motion was made by Bauer, second Sullivan to approve formation of a three member City Council ad hoc committee to meet with members of the Southeast Huntington Beach Homeowners Association on a rotating basis. Mayor Pro Tem Harman stated that he would like to serve with Councilmember Dettloff. Mayor Garofalo stated that he would propose a rotating ad hoc committee on a quarterly basis. The motion made by Bauer, second Sullivan carried unanimously. Mayor Garofalo stated that he would return to Council with a formation of an ad hoc City Council committee between the City Council and Huntington Harbour Homeowners Association and the EIIislGoldenwest Homeowners Association. (CITY COUNCIL) AD HOC CITY COUNCIL COMMITTEE RE: OPEN SPACE AREA — AT PROMENADEINEW GOTHARD STREET (HOLMBY PARK) - MAYOR TO MEET WITH STAFF AND TWO COUNCILMEMBERS REGARDING OPEN SPACE AREA AT PROMENADE/MFEW GOTHARD STREET - (HOLMBY PARK) (110.10) The Cry Coun' It ' risldere a. communication from Mayor Garofalo regarding the following: Statement of Issue: Open space in general and specifically the southeast corner of Promenade Parkway and new Gothard Street remains an unutilized public asset. Staff and the landowner have brought several mitigation measures forward. Resolution of the issue remains undefined, options are unclear, and timetables with acceptable protocols unavailable. Mayor Garofalo presented reasons why he had placed this item on the City Council agenda. Mayor Pro Tern Harman stated why he did not believe there is a need to form a committee. Mayor Garofalo stated that he would schedule a meeting with two City Councilmembers and staff regarding this subject. 880 12/06/99 — Council/Agency Minutes — Page 16 COMMENTS BY MAYOR PRO TEM HARMAN REGARDING ITEMS RESOLVED BY COUNCIL RESULTING IN REDUCTION OF DIVISIVE ISSUES - BLUFF BOTTOM PARKING PROJECT/HOLLY-SEACLIFF AND DOWNTOWN EMINENT DOMAIN. Mayor Pro Tern Harman stated that there had been a great deal of concern regarding the Bluff Bottom Parking project and that he is glad that this subject has been removed from consideration. He stated that another divisive issue that has been taken off the table is eminent domain, due to the registered voters signing a referendum petition which has been acknowledged by the City Council. Mayor Pro Tern Harman stated that he believes the Council has wisely decided not to pursue eminent domain in the Holly-Seacliff area. ADJOURNMENT - CITY COUNCILIREDEVELOPMENT AGENCY A motion was made to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday December 20, 1999 at 4:30 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California ATTEST: City Clerk/Clerk Jr 4:1401fto� gq��� City Clerk and ex-ofticio Clerk of th City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California i Mayor/Chairman 881