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HomeMy WebLinkAbout1999-12-20MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 4:30 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, December 20, 1999 A videotape of the 7:00 p.m. portion of this meeting is on file in the Office of the City Clerk. CALL TO ORDER Mayor Garofalo called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 4:30 p.m. in Room B-8. This meeting had been duly posted to begin at 4:30 p.m. rather than the established time of 5:00 p.m. CITY COUNCI LIREDEVELOPMENT AGENCY ROLL CALL Present: Sullivan, Harman, Garofalo, Green, Dettloff, (Bauer arrived at 4:34 p.m.) Absent: Julien (CITY COUNCIL) STUDY SESSION - PALMIGOLDENWEST SPECIFIC PLAN — SEACLIFF PROMENADE CONCEPTUAL MASTER PLAN (440.40) The City Council considered a communication from the Director of Planning presenting an overview of the Seacliff Promenade Conceptual Master Plan and the Palm/Goldenwest Specific Plan and related actions that will be presented for formal Council action in January, 2000. Site Characteristics: 150 acres; Located between Palm Avenue and Pacific Coast Highway and Seapoint Avenue and Goldenwest Street; approximately four acres are located west of Seapoint Avenue. Ownership: Aera Energy LLC owns 96 acres along Pacific Coast Highway; PLC Land Company owns 54 acres along Palm Avenue. Project Goals: City Goals: To master plan the 150 acres in a manner consistent with the adopted General Plan criteria for the site which requires a conceptual master plan and specific plan. PLC Goals: To develop up to 315 residential units, anticipating beginning construction some time next year. Aera Energy Goals: Continue oil production activities for the next 15 to 20 years. Mary Beth Broeren, Senior Planner, Planning Department, introduced Bob Golden, consultant and project planner who informed Council of the procedure which will be used to make this presentation. Councilmember Bauer arrived at 4:34 p.m. Mr. Golden referred to illustrations of the area. He referred to the material provided in the City Council agenda packet which set forth the project overview. The communication is titled December 20, 1999 City Council Study Session on Palm/Goldenwest Project. This communication contained attachments titled Outstanding Issues Matrix and Seacliff Promenade Conceptual Master Plan and Palm/Goldenwest Specific Plan. Mr. Golden spoke regarding the outstanding issues. He stated that direction was needed from Council. Senior Planner Broeren 882 Page 2 - Council/Agency Minutes—12120199 directed Council's attention to the Outstanding Issues Matrix and the reasons why the Planning Commission and staff did not recommend residential units on the Aera parcel. Discussion was held between Councilmember Harman and Senior Planner Broeren regarding recommendations for setbacks. Councilmember Harman stated that he would like to see the access from the development and the park to the ocean wider than 50 feet, as he envisions it for pedestrian and bike access. Discussion was held regarding the differences of the Planning Commission and staff recommendation. Bill Holman, PLC Land Company representative, presented a slide report which showed Aerial Photo Project Summary, Project Influences, and Project History and land use plan from 1995 that was certified by the City Council. He informed Council that the land use plan from 1995 was that which was certified by the City Council. He stated that the city's 1996 land use plan is going to the Coastal Commission. Projects Components, Illustrative Site Plan, Neighborhood Summary, - Planning Areas 1, 2, 3, and 4 Neighborhood Park were reviewed. Discussion was held regarding the Quimby Act as it pertains to the proposed park plan, Discussion was held on Required Project Approvals and Project Schedules. Senior Planner Broeren, at the request of Council, reported on the Seacliff Promenade Conceptual Master Plan, and Outstanding Issues Matrix. Planning Director Zelefsky reported on how Newport Beach had succeeded in convincing the Coastal Commission that time share development is a commercial rather than residential use. Further discussion was held regarding a buffer between the PLC Land Company and Aera Property and setbacks of which a 50 foot setback would cause smaller back yards in some of the units. Mr. Holman reported on reasons why PLC Land Company does not at this time want to include the Aera Property, Senior Planner Broeren reported on why the staff recommends parkways on the streets for single family projects including that it is a safer condition. Senior Planner Broeren reported on the differences in parking provisions between staff, Planning Commission, and PLC Land Company. MOTION TO RECESS TO CLOSED SESSION A motion was made by Dettloff, second Harman to recess to Closed Session on 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, FMA, HBFA and SCLEA. (120.80) 883 12/20/99 - Council/Agency Minutes - Page 3 (City Council Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is City of Huntington Beach v. Orange County Water District, et al.; Orange County Superior Court Case No. 815921. Subject: City of Huntington Beach v. Orange County Water District, et al. (120.80) CITY COUNCIUREDEVELOPMENT AGENCY MEETING RECONVENE AT 7:05 P.M. ROLL CALL Present: Sullivan, Harman, Garofalo, Green, Dettloff, Harman, Bauer Absent: Julien FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of allegiance were presented by Girl Scout Junior Troop 410, St. Bonaventure School, Huntington Beach. Troop Leader, Mary Thompson. INVOCATION The invocation was offered by Father Christian Mondor, Franciscan Friar, Sts. Simon and Jude Church, Huntington Beach. (CITY COUNCIL) REPORT OF ACTION TAKEN PURSUANT TO GOVERNMENT CODE SECTION 54957.1 ON MAY 3, 1999 CITY COUNCIL CLOSED SESSION — MICHAEL WILLETT V. CITY OF HUNTINGTON BEACH, WORKERS' COMP CASE NO. AHM 0069830 (120.80) — The City Attorney announced the following May 3, 1999 Closed Session action: The City Council approved settlement of admitted workers' compensation claim byway of Stipulations with Request for Award and Award in the amount of $57,502.50 for a 59% permanent disability with future medical care left open. In addition, an alternative proposal is to be offered the claimant of a Compromise and Release in the amount of $65,000.00 to close out the City's exposure for future medical care. The Council vote on May 3, 1999 was as follows: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien 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. Revised Agenda page No. 4 Council Committee/Council Liaison Appointments. Communication from the City Attorney dated December 20, 1999 transmitting information regarding Library Internet Access and First Amendment Rights. 884 Page 4 - CouncillAgency Minutes—12/20199 Slide show presentation from the Economic Development Director dated December 20, 1999 titled Public Hearing — Redevelopment Implementation Plan & Housing Compliance Plan. Slide show presentation from the Public Works Director dated December 20, 1999 titled Department of Public Works — Auto Body Repair Program. Treasurer Report titled Investment Policy 1999-2000 dated December 20, 1999. PUBLIC COMMENTS JUDITH LEWIS, League of Women Voters, informed Council that each Councilmember had just been provided by the League of Women Voters, a document setting forth the proposed format for the Initiative Measure I Debate. The League of Women Voters communication is dated December 17, 1999. She spoke regarding the proposed procedure. The City Clerk announced that copies of said communication were available at her desk. The material was titled League of Women Voters of Orange Coast. WAYNE REINERT thanked all of those who signed the referendum petition against eminent domain in the downtown area. He named some of the volunteers who had worked on the petition drive. VIRGINIA SIMS stated that she believes the Council picked a good place for the Wal-Mart to be located. She stated that people should not try to stop progress. CHUCK SCHEID spoke regarding his difficulty in obtaining a compensation study prepared for the city. He stated that he has spoken to the City Attorney's Office and he will wait for presentation of the study to the City Council. He stated that he believes the people should have time to review labor relations items and requested that the Mayor ensure that the citizens have at least two weeks for review. DEBBIE JOSEPHSON stated that those against rezoning the Crestview site back to residential are not disclosing the full facts regarding the financial plan for revenue to the school. She stated that it would take 65 years to obtain the full amount of revenue to the school. She spoke regarding other financial aspects including state funding. MARVIN JOSEPHSON continued the presentation of Ms. Josephson and presented figures relative to the proposed lease between Wal-Mart and the school district. He requested that,the people at home read the very fine print which shows that the recent mailer regarding Save Our Schools is from Wal-Mart. He requested that the people visit the new Crestview web site and he announced the web site address and urged that people vote in favor of Measure I. DON MC GEE presented examples of his dissatisfaction with government and the Grand Jury and the need for public scrutiny of government. BOB CRYER spoke in support of the agenda item regarding the proposed landscaping on the north side of Edinger Avenue from the Marina to Saybrook Lane. 885 12/20/99 - Council/Agency Minutes - Page 5 RICHARD HARLOW spoke on behalf of the Wal/Green Pharmacy store project on Beach Boulevard and requested these stores not be compared with fast food operations. He stated that the subject of regulation of drive through businesses on Beach Boulevard was scheduled on the agenda and that he and Mr. Mermelstein are present to answer questions regarding the matter. ANN NGUYEN spoke on behalf of Tam Nhu Hoang. Ms. Nguyen presented a letter protesting the manner in which the Redevelopment Agency has computed its share of the equity relative to the down payment assistance loan that was granted to Ms. Hoang. She requested a re -computation of the figures. BRAD WHITE thanked the City Council and City Attorney and all who represent the city for their services. Availability of Agenda Items Prior to City Council Meeting Councilmember Sullivan stated that he believed Mr. Scheid made a good point during the public comments portion of the meeting in that items should be available to the public earlier than the usual Friday before the Monday Council meeting. (CITY COUNCIL) COUNCIL COMMITTEEICOUNCIL LIAISON APPOINTMENTS APPROVED AS REVISED (120.20) The City Council considered a communication from Mayor Dave Garofalo submitting an updated listing of City Council Liaison Appointments for the year 2000. A motion was made by Garofalo, second Green to approve City Councilmember appointments as revised on the 2000 Council/Staff Liaison List * dated December 16, 1999 to Advisory Bodies, Citizen Task Forces, Standing Committees, Ad Hoc Committees, and External Agencies and to receive and file the list of City Council appointments which were made by state and regional entities that are non -discretionary to the Mayor. The motion carried by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien * 2000 Council/Staff Liaison List as set forth on Page No. 16 of the December 20, 1999 Council/Agency Minutes. (CITY COUNCIL) SCHEDULING OF AD HOC CITY COUNCIL COMMITTEE MEETINGS WITH HOMEOWNERS' ASSOCIATIONS - CONTINUED TO FUTURE MEETING (120.25) The City Council was presented with a report by Mayor Dave Garofalo regarding staff coordination of the scheduling of ad hoc Council Committee meetings with the Southeast Huntington Beach Homeowner's Association, as well as meetings with the Meredith Gardens HOA, Ellis-Goldenwest HOA and Huntington Harbour HOA. This item was removed from the agenda by Mayor Garofalo, to be presented on January 3, 2000. Page 6 - Council/Agency Minutes — 12/20/99 EXTENSION OF 57 FREEWAY - CALTRANS AGENDA ITEM TO BE SCHEDULED BY COUNCILMEMBER BAUER Councilmember Ralph Bauer spoke regarding the need for the city to take a look at the 57 Freeway extension improvements. He spoke regarding his intention to present an "H" Item on this subject in the near future due to his concern with what he believes are agreement provisions between toll -road operators and CalTans that preclude CalTrans from improving freeways even when a matter of public safety is involved. (CITY COUNCIL) NEW $1 MILLION GRANT AWARD TO CITY FOR SEWER LINE REPAIRS (160.10) The City Council considered a communication from the City Administrator regarding another $1 million grant award to the city for sewer line repairs. These funds will be used to slip fine more of the deteriorated sewers in the older areas of the City. The Ferguson Group assisted in securing the grant from the Environmental Protection Agency (EPA). Terms of the grant require the City to provide matching funds, however, the matching percentage is yet to be determined. The City is applying for the next round of grants from CSDOC (County Sanitation District of Orange County). It is likely that some of the required matching funds will be provided through this source. Public Works Director Beardsley presented a slide report. (CITY COUNCIL) REPORTED PRESENTED REGARDING PROPOSITION 12 ON MARCH 7, 2000 ELECTION BALLOT — SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL BOND ACT OF 2000 -- (SEE AGENDA ITEM E-10) (160.10) The City Council considered a communication from the City Administrator regarding proposed uses of funds to be derived by the City if Proposition 12 on the March 7, 2000 ballot is approved by the voters: Reconfiguration of Edison and Murdy Community Parks for youth sports; rest rooms at Carr and Greer neighborhood parks, picnic shelter rehabilitation citywide, acquisition of the remaining portions of Huntington Central Park, completion of the neighborhood park tot lot replacement program, installation of the Central Park urban forest, and aquatic facilities far joint use at Huntington Beach and Ocean View High Schools. There will be several competitive grant elements to the bond act that the city can apply for to help preserve historical sites such as the Newland House Museum and the Huntington Beach Art Center. The park bond will also include funds to rehabilitate deteriorated Bolsa Chica and Huntington State Beaches and develop Harriett Wieder Regional Park in Huntington Beach. Community Services Director Hagan presented a staff report. (CITY COUNCIL) REVIEWED AND ACCEPTED CITY TREASURER'S OCTOBER, 1999 INVESTMENT SUMMARY REPORT (310.20) A communication from the City Treasurer transmitting the Monthly Investment Report for October, 1999 had been distributed to Council at the meeting and announced by the City Clerk as a Late Communication. 887 12/20/99 - Council/Agency Minutes - Page 7 City Treasurer Freidenrich presented a slide report. A motion was made by Dettloff, second Sullivan to review and accept the monthly report. Following review of the report, by motion of Council, accept the Monthly Investment Report Summary Of Investment Portfolio for October, 1999, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien (REDEVELOPMENT AGENCY) PUBLIC HEARING BY REDEVELOPMENT AGENCY REGARDING THE FIVE-YEAR IMPLEMENTATION PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT - APPROVED PLAN (410.05) Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the following: 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"). This public hearing was opened and continued open from December 6, 1999. 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". Residents or other interested parties may attend this public hearing to offer comments on the proposed Five- year Implementation Plan. Prior to the public hearing, the proposed Implementation Plan will be available for public inspection at the Office of the City Clerk, 2000 Main Street. Legal notice as provided to the City Clerk's Office by staff had been published and posted. Mayor Garofalo declared the hearing open. Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council. Slide show presentation from the Economic Development Director dated December 20, 1999 titled Public Hearing — Redevelopment Implementation Plan & Housing Compliance Plan. 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. Discussion was held between Councilmember Bauer and Mayor Garofalo and the Economic Development Director Biggs regarding affordable housing and the next three phases of the Waterfront project, including residential, the resort hotel, and the third hotel relative to revenue. Page 8 - Council/Agency Minutes—12120199 The City Clerk announced the Official Comment dated December 8, 1999, submitted by Allen P. Baldwin, Executive Director of the Orange County Community Housing Corporation is included in Council packet. A motion was made by Dettloff, second Green to approve the attached Five-year Implementation Plan and Housing Compliance Plan. The motion carried unanimously with Councilmember Julien recorded absent. (CITY COUNCIL) PUBLIC HEARING - ADOPTED RESOLUTION NO. 99-111 — AMENDING RESOLUTION NO. 5159 ESTABLISHING A CITY FEE SCHEDULE -- VEHICLE BODY REPAIR SERVICES (340.20) Mayor Garofalo announced this was the time scheduled for a public hearing to consider the following: Public hearing to consider adoption of Resolution No. 99-111 to establish a service fee schedule for vehicle body repair services offered under the Public Works Department as follows: Hourly Fee Charged to Other Agencies: $ 26.93 Hourly Fee Charged for Work Covered by Insurance: Paint and Body Repair $ 30.00 Frame Repair $ 45.00 Mechanical Repair $ 61.00 Legal notice as provided to the City Clerk's Office by staff had been published and posted. Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: Slide show presentation from the Public Works Director dated December 20, 1999 titled Department of Public Works — Auto Body Repair Program. 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 Green, second Sullivan to adopt Resolution No. 99-111 to amend . Resolution No. 5159 Comprehensive Fee Schedule. "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 5159 titled, "A Resolution of the City Council of the City of Huntington Beach Establishing a City Fee Schedule" as to Services Offered Under the Public Works Department as to Vehicle Body Repair Program (Supplemental Fee Resolution No. 73)". The motion carried by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien 889 12/20/99 - Council/Agency Minutes - Page 9 Mayor Garofalo requested Council's concurrence to bring the agenda item forward relative to landscaping on the north side of Edinger Avenue from the Marina to Saybrook Lane. (CITY COUNCIL) REPORT TO BE PRESENTED IN 45 DAYS - REGARDING LANDSCAPING ON THE N/ S OF EDINGER AVENUE BETWEEN THE BRIDGE TO THE MARINA TO SAYBROOK LANE AND ALONG N/S EDINGER AVENUE FROM SAYBROOK TO SPRINGDALE AND ON W/S OF BOLSA CHICA NIFROM EDINGER TO CITY BOUNDARY (120.90) The City Council considered a communication from Councilmember Ralph Bauer transmitting a communication from Robert Cryer, Huntington Harbour Property Owner's Association proposing a landscaping plan for the north side of Edinger Avenue between the bridge to the Marina to Saybrook Lane. Councilmember Bauer presented background information on this item. Following discussion a motion was made by Bauer, second Green to approve the following recommended action: Direct staff to study Mr. Cryer's proposal for a landscaping plan for the north side of Edinger Avenue between the bridge to the Marina to Saybrook Lane; further to review the landscaping along the north side of Edinger Avenue from Saybrook Lane to Springdale Street as well as landscaping on the west side of Bolsa Chica Street north from Edinger Avenue to the city boundary, for report to Council in 45 days. The motion carried unanimously with Councilmember Julien recorded absent. CONSENT CALENDAR - ITEMS REMOVED FOR SEPARATE DISCUSSION Council by unanimous consensus removed the following items from the Consent Calendar for separate discussion: Maddy Local Appointive List Act (Terms On Boards, Committees, and Commissions which expire In 2000) Lease between the City and Michael Ali for Vic's Beach Concession — acceptance and recordation of Quitclaim Deed from K. and B. Nitzkowski Resolution No. 99-113 to approve Library Internet Policy for minors - (Children's Internet Use Policy) (100.10) CONSENT CALENDAR - ITEMS APPROVED On motion by Harman, second Sullivan Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien 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 Martin and Associates. 890 Page 10 - Council/Agency Minutes—12/20/99 (CITY COUNCILIREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of November 15, 1999, and adjourned meeting of November 19, 1999, as amended to correct date of meeting on file in the Office of the City Clerk. (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-109 — APPROVED AMENDMENT TO THE CITY CLASSIFICATION PLAN TO ADD JOB CLASSIFICATION OF QUALITY ASSURANCE COORDINATOR & REVISED JOB CLASSIFICATION OF AUDIO VISUAL MEDIA SPECIALIST (700.10) — Adopted Resolution No. 99-109 — "A Resolution of the City Council of the City of Huntington Beach to Amend the City Classification Plan by Revising the Classification of Audio Visual Media Specialist and by Adding the New Classification Entitled Quality Assurance Coordinator (CITY COUNCIL) APPROVED THE CONTRACT BETWEEN THE CITY AND PSOMAS & ASSOCIATES FOR SUPPORT SERVICES FOR THE INFRASTRUCTURE ADVISORY COMMITTEE AND INTEGRATED INFRASTRUCTURE MANAGEMENT PROGRAM — APPROVED INSURANCE MODIFICATION (600.10) — Approved the Professional Services Contract Between the City of Huntington Beach and PSOMAS & Associates, Inc. for Professional Services to Provide Infrastructure Advisory Committee (1AC) Support Services and LIMP Facilitation; authorized execution by the Mayor and City Clerk and approved the Insurance Settlement Committee recommendation to modify the insurance requirements as contained in the contract. (CITY COUNCIL) APPROVED ADDITIONAL COMPENSATION FOR SPECIAL ASSIGNMENTS RELATED TO THE IMPLEMENTATION OF THE BUSINESS SOFTWARE SYSTEM (700.10) —Authorized the City Administrator to provide up to a ten percent compensation increase for employees who have assumed extra duties and responsibilities to backfill employees who are assigned to the implementation of the Business Software System. (CITY COUNCIL) APPROVED AS TO FORM: LEASE BETWEEN ABDELMUTI DEVELOPMENT COMPANY AND MARTIN & ASSOCIATES (OCEANVIEW PROMENADE) — SUITE B (AB600.30) — Approved as to Form the First Amendment to Office Space Lease between Abdelmuti Development Company and Martin & Associates for Suite 3B renewing the lease for three (3) years commencing January 1, 2000 at the rental rates of $1.70 per square foot per month for the first year, $1.75 for the second year and $1.80 for the third year. (Fair Market Value Councilmember Sullivan requested the City Clerk to record his vote as a no vote on the item relative to the approval as to form of the Abdelmuti Development Company lease of office space. (CITY COUNCIL) APPROVED LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY - CENTER DRIVE TRAFFIC SIGNAL - APPROVED CITY'S INDEMNITY OBLIGATION REQUIREMENTS (600.20) -1. Approved the proposed License Agreement with Southern California Edison Company and authorized the Mayor and City Clerk to execute the agreement; and, 2. Approved the City's indemnity obligation requirements requested by Southern California Edison. 891 12/20/99 - Council/Agency Minutes - Page 11 (CITY COUNCIL) ACCEPTED THE HEIL AVENUE AT SAYBROOK LANE IMPROVEMENT PROJECT CC-1099 AND FILE A NOTICE OF COMPLETION - S. PARKER ENGINEERING, INC. (600.50) - Accepted the Heil Avenue at Saybrook Lane improvement Project CC-1099 at a final cost of $41,265, and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-112 IN SUPPORT OF PROPOSITION 12, ON THE MARCH 7, 2000 BALLOT - SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 (640.50) — Adopted Resolution No. 99-112 -"A Resolution of the City Council of the City of Huntington Beach in Support of the Passage of Proposition 12, the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000." (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NO. 14357 AND ACCEPTED THE PUBLIC IMPROVEMENTS - SEAVIEW VILLAGE - Sl0 TALBERT AVENUE, W/O BEACH BOULEVARD (420.60) —1. Accepted the improvements constructed and dedicated for public use with Tract No. 14357; and, 2. Released the Faithful Performance/Labor and Material Bond No. 3SM 890 75100 and Monument bond No. 3SM 890 752 00 pursuant to California Government Code Section No. 66499.7(b); and, 3. Accepted Maintenance Bond No. 3SM 890 752 00-A, 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, Seaview Village, of this action, and the City Treasurer to notify the Surety, American Motorist Insurance Company, of this action; and, 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. (CITY COUNCIL) APPROVED AGREEMENT FOR MANAGEMENT REVIEW OF THE CITY ATTORNEY'S OFFICE - MANAGEMENT PARTNERS, INC. - APPROVED WAIVER OF PROFESSIONAL LIABILITY INSURANCE (600.10) -1. Approved Professional Services Contract Between The City of Huntington Beach And Management Partners, Incorporated, For Management Review Of The City Attorney's Office to be performed by Management Partners, Inc. and authorize execution by the Mayor and City Clerk and 2. Accepted the Settlement Committee's recommendation to waive professional liability insurance. (CITY COUNCIL) APPROVED MADDY LOCAL APPOINTIVE LIST ACT (TERMS ON BOARDS, COMMITTEES, AND COMMISSIONS WHICH EXPIRE IN 2000) (110.50) -- The City Council considered a communication from the City Clerk transmitting the year 2000 Maddy Act, which is the appointed list showing vacancies which will occur on city boards and commissions in the year 2000. This list is presented at the last Council meeting of each year to inform the public as to openings on City Council appointed boards and commissions, and committees for the year 2000 and also to inform that possible vacancies may occur on various boards, commissions, and committees during the year. Mayor Garofalo requested staff to check to see if the two openings on the Design and Review Board had been advertised. 892 Page 12 - Council/Agency Minutes — 12/20/99 A motion was made by Garofalo, second Green to approve the Maddy Local Appointive List showing vacancies which will occur on city boards and commissions in the year 2000 and direct the City Clerk to post the list at the official posting locations (Huntington Central Library, Civic Center, Main Street Library). The motion carried by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Bauer NOES: None ABSENT: Julien (Dettloff absent from the room) (CITY COUNCIL) APPROVED LEASE BETWEEN THE CITY AND MICHAEL ALI FOR VIC'S BEACH CONCESSION — ACCEPTANCE & RECORDATION OF QUITCLAIM DEED FROM K. AND B. NITZKOWSKI (600.35) The City Council considered a communication from the Community Services Director transmitting the proposed list between the city and Michael Ali for Vic's Beach Concession and also transmitting a quitclaim deed from K. and B. Nitzkowski for acceptance and recordation. Councilmember Bauer stated that he wished to announce that the Mr. Ntizkowski should receive recognition as he is an Olympic Water Polo Coach as well as an Olympic contestant winner and has been a credit to the city in his business dealings with the city. Mayor Garofalo stated that Mr. Nitzkowski has won medals as a coach and a participant in the Olympics. Councilmember Harman commended Mr. Nitzkowski for his valuable and fine service as a beach concessionaire. A motion was by Bauer, second Dettloff to approve the month -to -month Lease Between the City of Huntington Beach and Michael Ali for Vic's Beach Concession and authorize the Mayor and City Clerk to execute the same, and direct City Clerk to record Quitclaim Deed to City from former lessees, Kenneth and Barbara Nitzkowski The motion carried by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES. None ABSENT: Julien (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-113 TO APPROVE LIBRARY INTERNET POLICY FOR MINORS - (CHILDREN'S INTERNET USE POLICY) (100.10) The City Council considered Resolution No. 99-113 submitted by the Director of Library Services which would establish a library internet policy for minors -children internet use policy. Library Director Hayden clarified questions of Councilmember Sullivan. He informed Councilmember Harman that the educational code required this policy be approved by the City Council in order to receive funds. City Attorney Hutton reported on the matter and referred to her late communication on the matter which was announced earlier in the meeting by the City Clerk. The communication is titled Library Internet Access and First Amendment Rights. Discussion was held. 893 12/20/99 - Council/Agency Minutes - Page 13 Councilmember Green -requested that other libraries be contacted and the Library Board be requested to investigate developing a policy for presentation to the Council as was the policy for those under 18 years of age. A motion was made by Green, second Garofalo to approve the following action: adopt Resolution No. 99-113 — "A Resolution of the City Council of the City of Huntington Beach Adopting a Public Library Children's Internet Use Policy" and further to direct the Director of Library Services to research the policies of other libraries and to refer this policy to the Library Board, to look for an internet provider that provides an adequate screen and approve adoption of Resolution No. 99-113. Mayor Garofalo expressed his opinion that the League of Cities, the Attorney General, the City Attorney, the Legislature, the Director of Library Services and Administration should return with a proposal to do this more effectively and on a larger basis than just Huntington Beach. The motion carried by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien (CITY COUNCILIREDEVELOP MENT AGENCY) — ADOPTED COUNCIL RESOLUTION NO. 99-110 & AGENCY RESOLUTION NO. 307 — APPROVING & ADOPTING THE 1999/2000 INVESTMENT POLICY (310.20) The City Council considered a communication from the City Treasurer submitting the Annual Fiscal Year 1999/2000 Investment Policy for City Council/Redevelopment Agency approval. City Treasurer Freidenrich presented a slide report titled Investment Policy 1999-2000 which was announced earlier in the meeting during Late Communications by the City Clerk. Mayor Garofalo thanked the City Treasurer for exemplary report. A motion was made by Green, second Garofalo to approve the following recommended action: Adopt Resolution No. 99-110 — "A Resolution of the City Council of the City of Huntington Beach Approving the Annual Fiscal Year 199912000 Investment Policy" and to adopt Resolution No. 307 - "A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving the Annual Fiscal Year 1999/2000 Investment Policy". The motion carried by the following roll call vote: AYES: Sullivan, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien (Harman absent from the room) (CITY COUNCIL) APPROVED CONSIDERATION TO DIRECT STAFF TO PREPARE AN ORDINANCE THAT WOULD REGULATE DRIVE -THROUGH BUSINESSES AND MINOR AUTO REPAIR ON BEACH BOULEVARD AND EDINGER AVENUE (640.10) The City Council considered a communication from the Director of Planning regarding the City Council's direction at the November 15, 1999 meeting that staff analyze the piece -meal development of remnant parcels on Beach Boulevard and recommend solutions to address this issue in order to insure the maximum economic viability of future development. 894 Page 14 - Council/Agency Minutes—12120199 Planning Director Zelefsky presented a staff report. Considerable discussion was held between Council and Planning Director Zelefsky regarding ramifications of the proposed regulations. Mayor Garofalo stated that he believes development of an ordinance that would encourage larger site development should be considered. Discussion was held by Council regarding the possibility of developing land use development incentives for larger site developments and restrictions as to somewhat smaller developments for return to Council in 60 to 90 days. Planning Director Zelefsky stated his concern that approval of this motion would not reach the objective of improving Beach Boulevard. Mayor Pro Tern Harman stated that he believes the recommended action should be approved but that the city should also work toward the objectives in the proposed recommended action to regulate drive -through businesses and minor auto repair on Beach Boulevard and Edinger Avenue. A motion was made by Dettloff, second Harman to direct staff to prepare an ordinance that would regulate drive -through businesses and minor auto repair on Beach Boulevard and Edinger Avenue except those properties now in the process of going through the planning process. The motion carried unanimously with Councilmember Julien recorded absent. (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO.3449 — REVISION TO ENTERTAINMENT PERMIT ORDINANCE (640.10) A motion was made by Garofalo, second Dettloff to approve introduction of Ordinance No. 3449 after City Clerk reads by title — "An Ordinance of the City of Huntington Beach Amending Chapter 5.44 of the Huntington Beach Municipal Code Relating to Restaurants, Amusement and Entertainment Permits." The motion carried by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien (CITY COUNCIL) ADOPTED ORDINANCE NO.3450 REPEALING ORDINANCE NO. 3436 RELATIVE TO EXTENDING THE USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY IN A LIMITED PORTION OF MAIN -PIER CONSTITUENT AREA OF PROJECT AREA (620.30) The City Council considered adoption of Ordinance No. 3450 which would repeal Ordinance No. 3436 relative to extending the use of eminent domain for residential property in a limited portion of the Main -Pier constituent area of the project area. Mayor Garofalo turned the Council/Agency meeting over to Mayor Pro Tern Harman to conduct the item relative to repealing Ordinance No. 3436- Eminent Domain -Main -Pier Constituent Area thus to be considered. Mayor Garofalo could not conduct the meeting due to a conflict of interest. 895 12/20/99 - Council/Agency Minutes - Page 15 Councilmember Bauer and Mayor Garofalo excused themselves from consideration of this matter as they own properties which may constitute a conflict of interest. A motion was made by Green, second Sullivan to adopt Ordinance No. 3450 after City Clerk reads by title "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." The motion carried by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff NOES: None ABSTAINED: Garofalo, Bauer ABSENT: Julien The City Council/Redevelopment Agency meeting resumed with Mayor Garofalo conducting the meetings. Public Works Department Commended Regarding Repair of Bricks on Main Street - Request for Hazardous Conditions to be Reported to the Public Works Department. Mayor Pro Tern Harman complimented the Public Works Department employees for their action in responding so quickly to repair some bricks in the downtown Main Street area. He requested employees and the public to report hazardous conditions on city property to the Public Works Department whenever they are noticed. COUNCILIAGENCY ADJOURNMENT To Monday, January 3, 2000, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.. ATTEST: City Clerk/Clerk City Clerk and ex-officio Clerk of thdrCity Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Q26-4 Mayor/Chairman 896 Page 16 - Council/Agency Minutes—12120/99 CITIZEN COMMISSIONS, BOARDS, AND COMMITTEES STAFF LIAISON ADVISORY BODY (Members Appointed by Council) COUNCIL LIAISONS Michael Mudd Allied Arts Board Dettloff, Julien 5258 5:30 P.M., 1 st Tuts. HB Art Center Ross Cranmer Board of Appeals Dettloff, Julien 5532 As needed Luann Brunson Citizen Participation! Advisory Board Dettloff, 5529 7:00 P.M_, 1 st Thurs., Civic Center. Garofalo Bill Fowler Collaborative Steering Committee Bauer, Dettloff 5496 Jim Engle Community Services. Commission Sullivan, 5495 7:00 P.M. 2nd Wed. Chambers Garofalo Amy Wolfe Design Review Board Green, Harman 375-5075 3:30 P.M., 2nd Thurs. of each month in Room B-7 Cindy Chie Environmental Board Green, Dettloff 5274 6,30 2.m. on the 2nd Thursday,Room B-6 John Reekstin Finance Board Individual '= 5228 6:45 P.M. 2nd Wed. Room B-7 :ApDointments Bill Fowler Fourth of July Executive Board Garofalo;` Julien 5496 6:00 P.M., 1 st Wed,, lower level of City Hall (Individual Appointments) Pat Dapkus H.B. Waterways & Beaches Green, Bauer 5579 7:00 PM, 3" Wed (Feb, May, Oct) Huntington Harbour Yacht Club Michael Mudd Historic Resources Board Garofalo, 5258 6,30 P.M., 3rd Wed. Rm. B-6 Sullivan Bob Beardsley Infrastructure Advisory Committee Dettloff, Green 5437 7:00 P.M. 41" Thurs. each month Shari Freidenrich Investment Advisory Board:Individual::" 5200 6:00 P.M . the 31 Wednesday of January, April, July, October, Appointments Room B-6 Ran Hayden Library Board Sullivan, Julien 960-8836 7:00 P.M. 3rd Tues., Library Gus Duran Mobile Home Advisory Board Sullivan, Green 1 529 6:30 PM. - 4th Monday of the month Bill Osness Personnel Commission Sullivan, Julien, 5586 5:30 P.M. 3rd Wed. each month. Room B-8 Garofalo Howard Zeiefsky Planning Commission .:Individual: 5276 7:00 2nd & 4th Tues. each month Council Chambers Appointments Bob Beardsley Public Works Commission Julien, Harman 5437 5:00 P.M. 3rd Wed., Council Chambers Naida Oscine Specific Events Committee Harman, 5312 2:00 pm (as needed on Thursdays @ City Hall) Garofalo Dennis MacLain Water Task Force Bauer, Harman 5527 5obWerth youth'°Board Harman, Sullivan 5262 5:30 P.M_ 2nd Mon., Room B-7 897 12/20/99 - Council/Agency Minutes - Page 17 CITIZEN TASK FORCES (Open Membership) STAFF LIAISON COMMITTEE NAME Herb Fauland Aston Site Task Force Green, Bauer 5438 (as needed Bill Fowler Children's Needs Task Force Dettloff, 5496 (as needed) Sullivan Elaine Kuhnke HUMAN RELATIONS TASK FORCE Bauer, Dettloff 5307 (1st Tuesday of each month 6:30 2m B-7) Suzie Wajda Neighborhood Watch Julien, Bauer 5933 6:30 P.M., 2nd Tues., each month (except July, Aug, Nov, Dec) 2Id Floor Investigation Conference Rm Bill Fowler Oakview Task Force Dettloff, Julien 5496 P Thurs. of each month, 6:00, Oakview School STANDING COUNCIL COMMITTEES STAFF LIAISON COUNCIL COMMITTEE COUNCIL LIAISON Dan Villella Audit Subcommittee Bauer, Sullivan 5225 (as needed) Howard Zelefsky Bolsa Chica Committee Dettloff, Green 5465 (as needed) Harman Rich Barnard Cable TV Committee Garofalo, Bauer 5577 2:30 P.M. - 2nd Monday, 4th Floor Dettloff Melanie Fallon Downtown Issues Subcommittee Garofalo, Julien 5632 8:30 A.M., 4th Friday of each month (B-8) Dettloff David Biggs Economic Development Committee Garofalo 5909 (Mayor, Mayor Pro Tern & Past Mayor) Harman, Green. 3:00 P.M. 1 " & 3' Wed 4th Floor (Prescr'llaed) Mary Beth Broeren HOUSING ISSUES COMMITTEE Bauer, Dettloff 5550 (as needed) Sullivan Clay Martin Intergovernmental Relations Committee Green, Harman 5514 2n,' Tuesday of each month @ 4:00 P.M. 4th floor Bauer Gail Hutton Legal Affairs Committee - City Attorney's Conf. Rm. Dettloff, 5555 2:30 P.M., Tues, prior to regular Council meetings Sullivan Bauer Clay Martin Managed Competition Committee Julien, Garofalo 5514 (as needed) Sullivan Elaine Kuhnke School District/City Quarterly Meeting Dettloff, 5307. 4t1 Friday of Month, Quarterly Basis (B-8) Sullivan Harman Gail Hutton Settlement Committee (Council Ex -Official Members) Garofalo & 5550 & 31 Tuesdays @ 2:00 pm) designee 898 Page 18 - Council/Agency Minutes--12120/99 AD HOC COUNCIL COMMITTEES STAFF LIAISON COUNCIL COMMITTEE ICOUNCIL LIAISON Ron Hagan Beach & Park Improvement District Committee Garofalo, 5292 Harman Herb Fauland Beachfront Development Committee (As Needed) Garofalo, 5438 Harman Rich Barnard 5577 Council Budget Committee Green, Garofalo John Reekstin 5228 Julien John Reekstin Employee Compensation Study Committee Dettloff, Julien 5236 Sullivan David Biggs Future Development Marketing Strategies Bauer, Green 5909 Garofalo Ron Hagan High School District/City Aquatics Garofalo, Bauer 5291 Gail Hutton Gift Ban Ordinance Review Garofalo, 5555 Harman Ron Hagan Gun Range Committee Sullivan, Julien 5292 Garofalo Ron Hagan Huntington Central Park Specific Plan and EIR Harman, Green 5292 Gus Duran Mobile Home Rent Control Subcommittee Green, Sullivan 1529 Ray Silver PERS Committee Sullivan, 5575 Harman alien Melanie Fallon Southeast H.B. Neighborhood Association (rotating) 5632 (four meetings to be scheduled for 2000) Daryl Smith Tree Policy Committee Bauer, Harman 5138 Garofalo Ron Hagan Youth Sports Facilities Committee Harman, 5292 Sullivan, Garofalo David Biggs Tourism & Marketing Strategies/Grand Coast Resort Bauer, Green 5909 Committee Appointed 9 20 99 Garofalo 899 12/20/99 - Council/Agency Minutes - Page 19 329 EXTERNAL AGENCIES (Appointed by Mayor) CONTACT AGENCY Lt. Chuck Thomas Anti -Crime Coalition Garofalo, Julien 5693 Steve Aceti California Coastal Coalition Board Green (760) 944-3564 Jim Lamb H. B. Conference & Visitors Bureau Green, Garofalo 5186 4:00 P.M., 1 st Thurs. Bureau Offices Bill Fowler H.B. Council on Aging Dettloff, Bauer 5496 9:30 A.M. 1 st Thurs. Senior Outreach Center Chief Dolder O.C. City Hazmat Emergency Response Authority 3rd Wed., 1.30 Chief Dolder 5402 quarterly, beginning in July - Anaheim North Net Training Ctr., (Appoint by July 1 st of the odd years.onbd Clay Martin O.C. Council of Governments (OCGOG) Garofalo, City 5514 Rep Bauer, Elected by O.C. Cities, At - Large Penny Kyle O. C. Sanitation District Green 962-241 1 6:30 P.M., 4th Wed., Sanitation District. Off., Ftn. My. (Garofalo, Alternate) Bob Eichblatt OCTA Measure M Growth Management Area 6 (GMA 6) Harman 5482 Meets quarterly Rich Barnard Public Cable Television Authority Garofalo 5577 8:00 a. m., 2"d Wed. each month, (Bauer, Alt.) Fountain Valley Community Center Room A or B Don Martinson Santa Ana River Flood Protection Agency (SARFPA) Green 834-5142 4:00 P.M., 4th Thurs., Odd Months, (Nov., Executive Committee only), (Julien, Alt.) O,C. Wtr, Dis,Ofc. 834-5142. Tom Brohard Santa Ana River Crossings Study (OCTA) Harman 5523 (as needed) (Sullivan Alt.) Colleen Gelfer Sister City Association Dettloff, Julien 8858 7:00 P.M. 2nd Mon., Library Clay Martin Southern California Association of Governments Bauer - HB 5 514 District Rich Barnard West Orange County Cities Association 4:30 PM, 31d Thurs., Garofalo or 5579 Bi-Monthly(Odd Months) Rotates Among the Cities designee Ken Dills West O. C. Water Board Garofalo, Green 5055 4,00 P.M., 3rd Tues.Quarterly - Caucus Room 900 Page 20 - Council/Agency Minutes—12120/99 APPOINTMENTS BY STATE & REGIONAL ENTITIES (Non -discretionary to the Mayor) AGENCY COUNCIL LIAISON California Coastal Commission Dettloff California League of Cities State Environmental Quality Policy Committee Green California League of Cities Division Resolutions Committee Green, Chair (Appt. by Division) California League of Cities - Board of Directors Bauer , 2"d Vice President (Elected by O.C. Cities) City Engineers' Flood Control Advisory Committee (CEFCAQ Beardsley (*2 Supervisory District) Orange County Council of Governments (OC COG) Bauer, Chair Board of Directors- At -Large Member (Elected by League) Orange County Harbors, Beaches & Parks Commission Green, Supervisorial 2nd Wed_, O.C. Board of Supervisors Appointment Orange County Integrated Waste Management Committee Bauer Orange County Transportation Authority (OCTA) "Technical Advisory Beardsley Committee" (Eichblatt,Alternate) Local Agency Formation Commission (LAFCO) Barman, Alternate Member (Appt. by League) 901