HomeMy WebLinkAbout2000-01-03 (7)MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
5:00 P.M. - Room B-8
7:00 P.M. - Council Chamber
Civic Center, 2000 Main Street
Huntington Beach, California 92648
Monday, January 3, 2000
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 Garofalo 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 COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
Present: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer (Julien arrived at 5:15 p.m.)
Absent: None
(CITY COUNCIL/REDEVELOPMENT AGENCY) STUDY SESSION — SENIOR
TRANSPORTATION SERVICES (940.30)
The City Council considered a communication from the Community Services Director
transmitting a slide report to Council titled Presentation to the City Council - January 3, 2000
Smart Shuttle Project — Conducted for City of Huntington Beach Under Contract to Southern
California Association of Governments, Prepared by Transportation Planning & Policy, Costa
Mesa, California in Conjunction with A-M-M-A Claremont, California.
Bill Fowler, Community Services Department, Superintendent Recreation/Human Services,
introduced Betsy Crimi, Human Services Coordinator. Ms. Crimi reviewed the senior
transportation needs which are accommodated by the city. She spoke regarding their goal of
keeping seniors independent. Ms. Crimi introduced Mr. Glauthier, representative of
Transportation Planning and Policy Company. Mr. Glauthier reported on his study of the current
transportation services provided for seniors in Huntington Beach. He reviewed the slide report
which covered topics including Analysis of Current Senior Transportation Program Phase One
and Phase Two Senior Transportation Needs to Year 2020, Phase One Analysis of Current
Services; Phase Two Senior Transportation Needs to Year 2020.
Mr. Glauthier responded to Mayor Garofalo's questions relative to the statistics that Huntington
Beach has a larger population of seniors than is the average nationwide. Mr. Glauthier stressed
the fact that the city will have a great need to meet the basic transportation needs to keep
seniors in their homes and independent.
Jeannette Stephen, Transportation Dispatcher, Seniors Outreach, spoke regarding the need to
gain more assistance to meet the seniors' transportation needs.
f
Page 2 - Council/Agency Minutes — 01/03/2000
Mr. Fowler introduced -Pat Davis, President, Council on Aging, who reported on transportation
needs. Discussion was held between Bill Fowler and Councilmember Harman regarding the
$198,000 grant funding obtained by the city. Councilmember Harman asked if staff had looked
into grants for alternative fuel vehicles for senior transportation. The City Administrator reported
that the Public Works Director is looking into obtaining such vehicles.
Betsy Crimi, Human Services Coordinator, reported on Councilmember Harman's questions
relative to the city's liability for employing senior transportation drivers. She reported on the two
year safety training that will be implemented as a result of the consultant's recommendation.
City Attorney Hutton reported on the law covering city use of volunteers
Councilmember Green requested the City Administrator to track legislation to determine if
money is available for senior projects.
Mayor Garofalo requested that Orange County Transportation Authority contributions to the city
be reviewed to determine if the city should be receiving more money due to the city's higher
than average senior population.
MOTION TO RECESS TO CLOSED SESSION
The City Administrator informed Council that a Closed Session would not be necessary on the
CENCO issue.
A motion was made by Harman , second Sullivan 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 , HBFMA and SCLEA. (120.80)
(City Council) Closed Session — City Council pursuant to Government Code Section 54957.6
to meet with its designated representatives regarding labor relations matters. Agency
Negotiators: William Osness, Personnel Director; Daniel Cassidy, Esq. of Liebert, Cassidy and
Frierson; and Richard Whitmore, Esq. of Whitmore, Johnson & Bolanos. Employee
Organizations MSOA, POA, PMA, MEA, MEO, HBFA, HBFMA, SCLEA, FMA and Non -
Associated. Subject: LABOR RELATIONS — MEET AND CONFER (120.80)
(City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a)
to confer with its attorney regarding pending litigation which has been initiated formally and to
which the city is a party. The title of the litigation is City of Huntington Beach v. Benge, et al.; -
Orange County Superior Court Case No. 79 81 32. Subject: City of Huntington Beach v.
Benge, et al. (120.80)
(City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a)
to confer with its attorney regarding pending litigation which has been initiated formally and to
which the city is a party. The title of the litigation is Simon/Kuperman v. City of Huntington
Beach. Subject: Simon/Kuperman v. City of Huntington Beach. (120.80)
01/03/2000 - 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 Arnel Retail Group v. City of Huntington Beach,
et al.; - Orange County Superior Court Case No. 813868. (120.80)
(Redevelopment Agency) Closed Session — Redevelopment Agency pursuant to Government
Code Section 54956.8 to give instructions to the agency's negotiators, Melanie Fallon, David
Biggs, Ray Silver, Jim Rabe, Murray Kane, and regarding negotiations with Brian Ezralow and
Doug Gray, concerning the purchase/sale/or lease of the property located at 7777 Edinger
Avenue. Instruction will concern: Both price and terms of payment. (400.50)
(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 COUNCIL/REDEVELOPMENT AGENCY MEETING - RECONVENED AT 7:00 P.M.
CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
Absent: None
FLAG CEREMONY AND PLEDGE OF ALLEGIANCE
The Flag Ceremony and Pledge of Allegiance were presented by Councilmember Sullivan.
INVOCATION
The invocation was offered by Pastor Derek Anunciation, Praise Christian Center, Huntington
Beach.
CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON
THE AGENDA
Pursuant to the Brown (Open Meetings) Act, City Clerk Brockway announced the following late
communications regarding agenda items which had been received following distribution of the
agenda:
Communication from the City Administrator dated December 22, 1999 titled Street Sweeping
Program.
Communication from the Chief of Police dated January 3, 2000 titled New Year's Eve
Deployment.
Communication from the Fire Chief dated January 3, 2000 titled After Action Report for
December 31, 1999.
Page 4 - Council/Agency Minutes — 01/03/2000
Communication from Chuck Scheid dated January 3, 2000 titled City Council Meeting - January
3, 2000, Agenda Item E-5, requesting that Council defer all of the agenda items regarding
employee salary and benefits for further review.
Communication from Chuck Bohle dated January 3, 2000 titled Salary and Benefits for Non -
Represented Employees requesting continuance of these items to form a citizens committee to
study the issues.
Slide report from the City Treasurer dated January 3, 2000 titled City Treasurer's Major
Accomplishments.
Communication from the Director of Administrative Services titled Late Communication for Agenda,
Page E-5.29 and E-5.30 which replaced pages E-5.29 and E-5.30 Exhibit B — Non -Associated Salary
Schedule — Effective December 25, 1999 and Exhibit B — Non -Associated Salary Schedule =
Effective December 23, 2000.
Slide show presentation from the Director of Planning dated January 3, 2000 titled Bolsa Chica
Coastal Issues.
Communication titled Urban Runoff/Coastal Remediation Action Plan - URS Greiner Woodward Clyde
(not dated) submitted by the Department of Public Works.
Communication titled Request for Council Action dated January 3, 2000 from the Department of
Public Works revising the recommended action by recommending deferral of the proposed
agreement between the City and URS Greiner Woodward Clyde.
Communication from Janice M. Mittermeier, County Executive Officer, County of Orange, dated
January 3, 2000 titled Huntington Beach Coastal Remediation Action Plan.
Communication from Robert Gherelli, Director of Technical Services, regarding proposed Orange
County Sanitation District funding participation.
PUBLIC COMMENTS
CHUCK SCHEID requested that Council defer action on the resolution scheduled on the
agenda to modify compensation and benefits for non -represented employees and the City
Clerk, City Treasurer, and City Attorney. He stated that a main consideration is the proposal to
implement the 2% at 55 years of age provision. He presented an example of the monetary
benefit to an employee who would receive this benefit.
VIRGINIA SIMS spoke regarding reasons why she would recommend voting against Measure I
to rezone the closed Crest View school site. She spoke in support of the employee holiday
luncheon that had recently been held.
RON DAVIS complimented the Council and city staff on the handling of the Y2K issue. He
expressed his belief that problems had been averted because of the city's advanced planning.
He thanked the Police Department for the service they provided during the holiday.
PAUL HORGAN, representing Bolsa Chica Land Trust, expressed the organization's concerns
regarding archeological resources, environment, environmental buffers, and their concern
regarding storm drain outlet, relative to agenda item regarding the Bolsa Chica Coastal issues.
01/03/2000 - Council/Agency Minutes - Page 5
ROBERT WILLIAMS addressed Council regarding the Bolsa Chica Coastal issues. He spoke
regarding the archeological sites and their order of significance. Mr. Williams reported on a
quotation in the Coastal Commission State Wide Interpretive Guidelines regarding ORA-144.
He reported on the higher cumulative value of the other four sites when combined. He
expressed concern that staff had not recommended against the county process when the
county processes are flawed. Mr. Williams informed Council of the Bolsa Chica Land Trust
recommendations for adoption with modification to the last sentence of the recommended action
to add that all seven archeological sites should be preserved and protected.
CONNIE BOARDMAN, representing Bolsa Chica Land Trust and Huntington Beach Tomorrow,
addressed Council regarding the agenda item regarding the Bolsa Chica Coastal issues. She
spoke regarding the need for an increased buffer area of at least 100 meters. She presented
material to the City Council from a news synopsis of a study in Canada, summaries of the U.S.
Fish, Wildlife Services and California Department of Fish and Games reports, and a study done
in the San Francisco Bay area relative to the issue. She requested that Council support the
100 meter buffers and that the uplands area on the Bolsa Chica be similarly protected. Ms.
Boardman stated that the staff report is incorrect as the appellate court made no
recommendations as to what the buffer should be. Ms. Boardman stated their recommendation
that none of the trails be on the buffer, that all of the sensitive areas on the Bolsa Chica area be
protected by at least 100 meter buffers of native vegetation.
JAN VANDERSLOOT, representing the Bolsa Chica Land Trust addressed Council regarding
the agenda item pertaining to the Bolsa Chica Coastal issues. He presented reasons why the
organization recommends that Council oppose the storm drain outfalls. He presented reasons
for this recommendation and also presented alternative measures.
LINDA MOON, Amigos de Bolsa Chica, commended the City Council Bolsa Chica Council
Committee for their thorough review and thoughtful recommendations relative to the agenda
item regarding the Bolsa Chica Coastal issues. She spoke regarding a need to increase the
buffer area; also that the definitions of buffers expressly exclude sidewalks, back yards, etc.;
that they have a conservation clause imposed. She stated the environmental havoc that would
be caused by the storm drain outfall.
TOM LIVENGOOD, representing Amigos de Bolsa Chica addressed Council regarding the
agenda item relative to the Bolsa Chica Coastal issues. He spoke regarding the Coastal
Commission's staff, in 1996, stating that a 50-foot buffer was not adequate, yet the Coastal
Commission approved it. He stated that it is extremely important that Council take the position
in support of a 100-foot buffer.
TERRY DOLTON, Amigos de Bolsa Chica, spoke regarding the agenda item relative to the
Bolsa Chica Coastal issues. He stated that when the item is returned to the Coastal
Commission it would be as if it had never been approved before. He stressed that all wetlands
whether in the low lands or the uplands should be protected and put under easement
conservation zones; that the city take this stand and the Coastal Commission approve such a
stand. He spoke in opposition to the storm drain outlets being aesthetically unpleasing and that
this is one of the issues the Coastal Act addresses. Mr. Dolton stated that water should not be
dumped into the outer Bolsa Chica and this alternative should not be accepted. He stated
pollution would be put into the area including where the birds are feeding.
Page 6 - Council/Agency Minutes — 01/03/2000
DEAN ALBRIGHT addressed Council regarding the agenda item relative to the Bolsa Chica
Coastal issues. He distributed an excerpt from a city document titled City Goals Approved
2122199. Mr. Albright stated that the city should get involved with the sewer lift station and the
outfall issue prior to annexation; that not to do so will result in these issues not being addressed.
BILL GREGORY, representing the Surfrider Foundation, addressed Council regarding the
agenda item relative to the Bolsa Chica Coastal issues. He requested that Council be more
proactive in the Bolsa Chica issue and follow the recommendations of the Bolsa Chica Land
Trust and the Amigos de Bolsa Chica. He requested larger buffers.
SUE DOMINGUEZ addressed Council regarding the agenda item relative to the Bolsa Chica
Coastal issues. She spoke regarding her cousin's visit to Huntington Beach and how favorably
impressed is her cousin with the wilderness area and the entire Bolsa Chica. She described the
tour she and her cousin took of the Bolsa Chica. Ms. Dominguez requested that all the area be
saved for their children and for their children's children.
DAVE HALL addressed Council regarding the agenda item relative to the Bolsa Chica Coastal
issues. He requested that Council provide a 100-meter buffer and support the grove of trees.
He requested a 100-meter buffer for environmentally sensitive areas and on the Mesa Bluff Top.
Mr. Hall requested the Warner Pond and Pools be protected with a 100-meter buffer with no
storm drain outfall. He requested the Mayor and Council's leadership in protecting the Bolsa
Chica.
DON MC GEE spoke regarding the need to monitor visual pollution. He stated that a lifeguard
agreed with him regarding the noise caused by airplanes which could interrupt cries for help.
He requested that Council reason with the FAA and request they stop rubber stamping approval
of these flights.
SALLY ALVINO spoke in opposition to Measure I - closed Crest View school site rezone to
residential, as she believes the city needs more sources of revenue. She stated that the Ocean
View School District would be hindered by this measure. She stated that the district could be
improved without raising taxes. Ms. Alvino spoke regarding the thousands of dollars taken out
of the city through lost revenue.
TRACY PELLMAN, Co -Chair of Save Our Schools - Save our Children, stated reasons why
they recommend a "no" vote on Measure I - Rezone of closed Crest View school site to
residential. She stated that no increase in fees or taxes to the community will be required if the
Wal-Mart project is approved.
PAM WALKER, President of Ocean View School District Board of Trustees, spoke in opposition
to Measure I - Rezone of closed Crest View school site to residential. She stated that the
change of zoning would not make it an open space site or a school site; that it would only allow
the site to be sold for residential development.
DAVID NUSSBAUM spoke regarding the agenda item relative to the Bolsa Chica Coastal
issues. He stated that he had been biking by the Bolsa Chica. He stressed the need to
preserve the Bolsa Chica. Mr. Nussbaum also spoke in opposition to the law that prohibits
persons from jumping off the bridges at Huntington Harbour. He stated that there is a law
against such jumping; however, skateboard parks are allowed where kids can break their arms.
01/03/2000 - Council/Agency Minutes - Page 7
BRAD WHITE thanked the Fire Department and Police Department employees for their
ensuring Y2K compliance. He stated he was part of the National Guard called in and he
thanked the National Guard for being there also. He spoke in support of the staff
recommendation on the agenda item relative to the Bolsa Chica Coastal issues.
CITY ADMINISTRATOR'S REPORT REGARDING PERS FUND 700, So
Councilmember Bauer requested the City Administrator to report on figures relative to the Public
Employee's Retirement System (PERS) fund which had been referred to by a speaker during
Public Comments.
City Administrator Silver reported on aspects relative to the PERS fund
REPORT REGARDING INTERFAITH CEREMONY HELD AT PIER PLAZAIStD,70
Councilmember Dettloff reported on the Interfaith Event activities held downtown and at Pier Plaza on
Sunday, January 2, 2000. She stated there had been a wonderful turnout and it was very inspirational.
She described the event and stated that everyone enjoyed themselves. Councilmember Dettloff stated
that she knows the event will become a city tradition for years to come.
CITY ADMINISTRATOR'S REPORT REGARDING Y2K COMPLIANCE (160.10)
City Administrator Silver informed Council that contained in the Late Communication packet
were reports from the Chief of Police and the Fire Chief regarding New Year's deployment and
an After Action Report for December 31, 1999 which were announced earlier in the meeting by
the City Clerk during Late Communications. City Administrator Silver commended the Fire
Chief and city staff for their work in achieving Y2K compliance for the city. He also stated that
he wished to recognize all the employees who worked New Year's Eve.
CITY ADMINISTRATOR'S REPORT REGARDING STREET SWEEPING PROGRAM Soo./D
City Administrator Silver reported on the Street Sweeping Program and referred to a late
communication from the Public Works Director announced earlier in the meeting by the City
Clerk during Late Communications. He also referred to a Public Information Officer report titled
P/O Information Plan (Street Sweeping Results) not dated. This document was presented to
the City Clerk. Public Works Director Beardsley reported on his report titled Street Sweeping
Program dated December 20, 1999.
Rich Barnard, Deputy City Administrator reported on his communication to the City Council.
Public Works Director Beardsley reported, at the request of Councilmember Harman, on street
sweeping signage.
CONSENT CALENDAR - ITEMS REMOVED FOR SEPARATE DISCUSSION
Council by unanimous consensus removed the following items from the Consent Calendar for
separate discussion:
Amendment No. 1 to Cooperative Agreement No. C-95-975 between Orange County Transportation
Authority and the City of Huntington Beach (Combined Transportation Funding Program (CTFP) —
Measure M Fund Eligibility
Page 8 - Council/Agency Minutes — 01/03/2000
Resolution No. 2000-2 to Modify Certain Benefits for Non -Represented Employees
Contract for Professional Services with Economic Development Systems, Inc. (EDS) for
Development And Implementation of a Tenant Recruitment Program for the Downtown Area —
Main -Pier Redevelopment Project Area
CONSENT CALENDAR - ITEMS APPROVED
On motion by Green, second Harman Council 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
Mayor Garofalo requested that his no vote be recorded on the Consent Calendar item relative
to pending State Legislation AB 483 - outdoor advertising removal.
Councilmember Sullivan requested that his no vote be recorded on the Consent Calendar item
relative to approval of final tract maps regarding Catellus Residential Group, W. L. Homes, LLC,
and William Lyon Homes, Inc.
(CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes
of the City Council/Redevelopment Agency adjourned regular meeting of November 22, 1999
and regular meeting of December 6, 1999 as written and on file in the Office of the City Clerk.
(CITY COUNCIL) APPROVED CITY COUNCIL POSITION ON PENDING STATE
LEGISLATION — AB 483 (WILDMAN) OUTDOOR ADVERTISING REMOVAL — AS
RECOMMENDED BY THE CITY COUNCIL INTERGOVERNMENTAL RELATIONS
COMMITTEE (120.70) —Supported AB 403 (Wildman) Outdoor Advertising —Removal —which
would amend existing law by removing the provision that prohibits cities from compelling the
removal, customary maintenance, or from limiting use of outdoor advertising displays
(Billboards) without payment of compensation under the Eminent Domain law.
Mayor Garofalo requested the City Clerk to record his vote as a no vote on the item relative to
State Legislation AB 483.
(CITY COUNCIL) APPROVED PROJECT SELF-SUFFICIENCY 2000 ACTION PLAN (570.50)
— Approved the Community Services Department's Project Self -Sufficiency 2000 Action Plan.
(CITY COUNCIL) APPROVED FINAL TRACT MAPS NOS. OF TENTATIVE TRACT MAPS
(TRACTS 15469, 15471 CATELLUS RESIDENTIAL GROUP) (TRACT 15472 W.L. HOMES,
LLC) (TRACT 15838 WILLIAM LYON HOMES, INC.) WITH BONDS AND AGREEMENTS
(MEADOWLARK) — 600' NORTH AND EAST OF THE INTERSECTION OF BOLSA.CHICA
STREET & WARNER AVENUE, S/O HEIL — APPROVE SUBDIVISION AGREEMENTS
(420.60) 1. Approved Final Tract Map Nos. 15469, 15471, 15472 and 15838 and accepted the
offer of dedication, improvements, and bonds pursuant to findings and requirements (Attachment
No. 1) to the Request for Council Action dated January 3, 2000. 2. Approved the Subdivision
Agreements between the City and Catellus Residential Group (Tracts 15469 and 15471), W.L.
Homes LLC (Tract 15472), and William Lyon Homes, Inc. (Tract 15838) and authorized execution
01/03/2000 - Council/Agency Minutes - Page 9
by the Mayor and City Clerk. Findings for Acceptance of Final Map: 1. Final Tract Map Nos.
15469, 15471, 15472 and 15838 are in conformance with the California Subdivision Map Act, the
City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15469 Conditions
of Approval as approved by the City Council. Requirements: 1. Offer of dedication and
improvements are subject to completion of requirements shown on the tentative map. 2. The City
Clerk is hereby instructed to file bonds with the City Treasurer (Attachment No. 6) (National Fire
Insurance Company of Hartford) Final Map No. 15469, Faithful Performance Bond
No. 929128422, Labor and Material Bond No. 929128422, Monument Bond No. 929128423.
(National Fire Insurance Company of Hartford) Final Map No. 15471, Faithful Performance
Bond No. 929128420, Labor and Material Bond No. 929128420, Monument Bond
No. 929128421. (Seabord Surety Company) Final Map No. 15472, Faithful Performance Bond
No. 392484, Labor and Material Bond No. 392484, Monument Bond No. 392485. (American
Motorists Insurance Company) Final Map No. 15838, Faithful Performance Bond
No. 3SM 960 182 00, Labor and Material Bond No. 3SM 960 182 00, Monument Bond
No. 3SM 960 183 00. 3. Instructed the City Clerk not to affix her signature to the map nor release
it for preliminary processing by the County of Orange or 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); e. Payment of Park and Recreation In -Lieu Fees; f. The City Attorney
approves the CC&R's for the project.
Councilmember Sullivan requested the City Clerk to record his vote as a no vote on the
aforementioned item.
(CITY COUNCIL) APPROVED AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT
NO. C-95-975 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND THE
CITY OF HUNTINGTON BEACH- (COMBINED TRANSPORTATION FUNDING PROGRAM
(CTFP) — MEASURE M FUND ELIGIBILITY (600.25)
The City Council considered a communication submitted by the Public Works Director regarding
Amendment No. 1 to the Cooperative Agreement between Orange County Transportation
Authority and the City of Huntington Beach relative to the combined Transportation Funding
Program.
The Public Works Director responded to Councilmember Harman's concerns regarding
provisions of the proposed agreement.
A motion was made by Councilmember Harman, second Dettloff to approve the following
recommended action: approve and authorize the Mayor and City Clerk to execute Amendment
No. 1 to Cooperative Agreement No. C95-975 Between Orange County Transportation Authority
(OCTA) and the City of Huntington Beach indemnifying OCTA for claims or damages caused by
the negligent acts, or willful misconduct by the City, its officers, directors, employees, agents,
subconsultants or suppliers in connection with or arising out of the city's use of Combined
Transportation Funding Program (CTFP) funds per project purposes. The motion carried by the
following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
Page 10 - Council/Agency Minutes — 01/03/2000
(CITY COUNCIL) ADOPTED RESOLUTION NO. 2000-2 TO MODIFY CERTAIN BENEFITS
FOR NON -REPRESENTED EMPLOYEES (720.20)
The City Council considered a communication from the Administrative Services Director
transmitting proposed Resolution No. 2000-2 to modify certain benefits for non representative
employees.
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 Chuck Scheid dated January 3, 2000 titled City Council Meeting - January
3, 2000, Agenda Item E-5, requesting that Council defer all of the agenda items regarding
employee salary and benefits for further review.
Communication from the Director of Administrative Services titled Late Communication for Agenda,
Page E-5.29 and E-5.30 which replaced pages E-5.29 and E-5.30 Exhibit B — Non -Associated Salary
Schedule — Effective December 25, 1999 and Exhibit B — Non -Associated Salary Schedule —
Effective December 23, 2000.
Communication from Chuck Bohle dated January 3, 2000 titled Salary and Benefits for Non -
Represented Employees requesting continuance of these items to form a citizens committee to
study the issues.
Councilmember Sullivan stated that he agrees with the salary increase but cannot vote for the
resolution due to its cost for the provision for 2% at 55 years of age. He stated that he believes
in the need for a compensation study but believes the salary should have been set on an
average.
A motion was made by Green, second Dettloff to adopt Resolution No. 2000-2 — "A Resolution
of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Calendar
Years 2000 and 2001 for Non -Represented Employees. "
City Administrator Silver reported on how the study was initiated. He stated that the final report
had just been received this evening. He commented on said report.
Administrative Services Director Reekstin reported on the qualifications of the consultant who
performed said study.
City Administrator Silver reported on the methodology used to develop this study.
Councilmember Bauer presented reasons why he supported the staff recommendation.
The motion made by Green, second Dettloff carried by the following roll call vote:
AYES: Julien, Harman, Garofalo, Green, Dettloff, Bauer
NOES: Sullivan
ABSENT: None
01/03/2000 - Council/Agency Minutes - Page 11
(REDEVELOPMENT AGENCY) APPROVED CONTRACT FOR PROFESSIONAL SERVICES
WITH ECONOMIC DEVELOPMENT SYSTEMS, INC. (EDS) FOR DEVELOPMENT AND
IMPLEMENTATION OF A TENANT RECRUITMENT PROGRAM FOR THE DOWNTOWN
AREA — MAIN -PIER REDEVELOPMENT PROJECT AREA -(6W-10)- bao, 3a
The City Council considered a communication from the Executive Director (City Administrator)
transmitting a proposed contract for professional services with Economic Development Systems
relative to the tenant recruitment program for the downtown area.
Discussion was held by Council regarding the need for an invoice for each progress report
payment. Mayor Garofalo inquired if there will be a separate written report and Economic
Development Director Biggs stated that there would be required written reports. Mayor Garofalo
requested a copy of each report when prepared. He requested that other issues including travel
costs be reviewed with him at a later time.
A motion was made by Dettloff, second Green to approve and authorize the Chairman and
Agency Clerk to execute the attached contract between the Redevelopment Agency and
Economic Development Systems, Inc. (EDS) to provide professional services in retail tenant
recruitment for a period of one year, in an amount not to exceed $88,720. The motion carried
by the following roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: Garofalo
ABSENT: None
(CITY COUNCIL) APPROVED BOLSA CHICA COASTAL ISSUES AS AMENDED - TO BE
TRANSMITTED TO THE CALIFORNIA COASTAL COMMISSION REGARDING THE BOLSA
CHICA LOCAL COASTAL PROGRAM (440.60)
The City Council considered a communication from the Planning Director transmitting for
Council consideration a list of Bolsa Chica Coastal Issues to be submitted to the California
Coastal Commission for consideration during their review of the Bolsa Chica Local Coastal
Program. Within the communication from the Planning Director was a proposed Bolsa Chica
Committee recommended action and also alternative action as recommended by staff.
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 Director of Planning dated January 3, 2000 titled Bolsa Chica
Coastal Issues.
Planning Director Zelefsky presented a slide report. Considerable discussion was held between
Council and Planning Director Zelefsky.
Councilmember Bauer spoke regarding outflow from tracts and the need to support some sort of
catch basin/water treatment facility to prevent the polluted waters from the development from
running into the Bolsa Chica; archaeology issues; active or passive buffers and what buffer
width should be determined. He recommended incorporating the issues, which arose at this
meeting. In response to an inquiry from Councilmember Bauer, Planning Director Zelefsky
stated that he had not yet had an opportunity to review in detail the Bolsa Chica Land Trust
Page 12 - Council/Agency Minutes — 01/03/2000
Position Paper setting_forth 19 issues. He stated that perhaps the inclusion of the Shea
property would not be feasible if it causes legal problems. Councilmember Bauer expressed the
need to ensure that the intentions of the Amigos de Bolsa, Bolsa Chica Land Trust, and
Surfriders Association are supported if they do not cause legal problems. He stated that this
may be Council's last chance.
Planning Director Zelefsky responded to Councilmember Dettloff regarding State law on
archeological resources.
Councilmember Harman presented reasons why he did not believe a 50-foot buffer is adequate,
and urged Council to support the 100-foot buffer. He spoke regarding the damage that will be
caused by the outfall pipes and that he is surprised the developers could process it through the
Army Corp of Engineers, despite Councilmember Dettloff presentation against the outfall
pipes. He stated that he does not believe borings have been done to an adequate depth and
spoke regarding scientific investigations which may be developed in the future of which we are
not now aware. Councilmember Green stated that there had been disagreement on the Bolsa
Chica City Council Committee which was not reflected in the report before Council.
Councilmember Green asked if the position recommended for Council action could cause
problems with annexation. Planning Director Zelefsky stated that he did not foresee any.
Councilmember Julien inquired as to the staff position on conservation easement and the storm
drain outfall pipes. Planning Director Zelefsky reported that staff supports the Bolsa Chica
Committee recommended action on these issues with the exceptions relative to the mesa top
buffer width and the archaeology issue.
Councilmember Julien referred to a document presented by one of the speakers regarding
Council action in 1979. Planning Director Zelefsky reported on the history of the buffer issue
and the difficulties encountered by staff.
Mayor Garofalo presented questions of staff. He stated that some of the actions proposed at
this meeting would severely hurt annexation proceedings.
A motion was made by Harman, second Bauer to approve the City Council Bolsa Chica
Committee recommended action as set forth on the Request for Council Action dated January
3, 2000.
Further discussion was held. Planning Director Zelefsky stated that a 100-foot buffer around the
archaeological site had not been stated by the Bolsa Chica City Council Committee.
A motion was made by Harman, second Bauer to add a catch basin and water treatment facility
at the site.
Councilmember Sullivan stated tat he believes the current composition of the Coastal
Commission is very environmentally sensitive.
The motion by Harman, second Bauer was withdrawn in order to provide for separate motions
on the item.
01/03/2000 - Council/Agency Minutes - Page 13
A motion was made by Harman, second Green to approve the Bolsa Chica recommended
action as amended to approve the transmittal of the City of Huntington Beach original Bolsa
Chica Coastal Issues to the Coastal Commission as recommended by the City Council Bolsa
Chica Committee with the following modifications:
A. A conservation easement should be placed over the 43 acres of property formerly known
as the Fieldstone site; also that a conservation easement be added to all buffers.
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
A motion was made by Harman, second Green to approve the Bolsa Chica recommended
action as amended to approve the transmittal of the City of Huntington Beach original Bolsa
Chica Coastal Issues to the Coastal Commission as recommended by the City Council Bolsa
Chica Committee with the following modifications:
B. A 100-meter Mesa top buffer should be required to protect the bluff restoration areas
designated for development; additionally bluff perimeter, eucalyptus grove, vernal
pool, Warner pond, and any other environmentally sensitive areas.
The motion carried by the following roll call vote:
AYES: Sullivan, Harman, Dettloff, Bauer
NOES: Julien, Garofalo, Green
ABSENT: None
A motion was made by Harman, second Julien to approve the Bolsa Chica recommended action
as amended to approve the transmittal of the City of Huntington Beach original Bolsa Chica
Coastal Issues to the Coastal Commission as recommended by the City Council Bolsa Chica
Committee with the following modifications:
C. Storm Drain Outfall Pipes: The City should continue to support the concerns addressed in
the letter sent to the Army Corps of Engineers dated April 7, 1998, and recommends the
Coastal Commission evaluate the following issues in the LCP: degradation of the visual
quality of the bluff and bluff face visible from Pacific Coast Highway due to the placement
of the drainage structures and the bluff stabilization work required, disturbance to wetlands
and wildlife habitat from the placement of structures in wetlands and the water quality and
velocity of water to be discharged into the wetlands, and the potential water quality
impacts for the Bolsa Chica Wetlands and Huntington Harbour. The issue may be
addressed as an LCP Policy; and express opposition to storm drain outfall pipes and
that it be handled by alternative methods or diversion.
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
Page 14 - Council/Agency Minutes — 01/03/2000
A motion was made by Harman, second Sullivan to approve the Bolsa Chica recommended
action as amended to approve the transmittal of the City of Huntington Beach original Bolsa
Chica Coastal Issues to the Coastal Commission as recommended by the City Council Bolsa
Chica Committee with the following modifications:
D. Archaeology: The LCP should require test excavations to determine the depth and
complexity of the sites and areas that are being written -off on the basis of inadequate
information. The LCP should require the information and artifacts recovered from the date
recovery excavations to be made available to scholars and Native Americans, and
interpreted for the public. The LCP should require the preservation of at least a portion of
the most significant sites so that in the future Native American descendants can restore
and maintain the connection between the people of today and the past.
Councilmember Green expressed his belief that state and federal agencies including the
Coastal Commission should be turned to as the city does not have experts -scientists on staff.
The motion carried by the following roll call vote:
AYES: Sullivan, Harman, Dettloff, Bauer
NOES: Julien, Garofalo, Green
ABSENT: None
In response to Councilmember Harman, Planning Director Zelefsky confirmed that the other
seven recommendations of the Bolsa Chica City Council Sub -Committee will be presented to
the Coastal Commission.
Planning Director Zelefsky reported that the seven issues would again be presented to the City
Council Bolsa Chica Sub -Committee to ensure updating in areas such as that the wetland issue
is now in public trust.
City Clerk Brockway requested that the material in final form be provided to the City Clerk's
Office for public review.
(CITY COUNCIL) ADOPTED RESOLUTION NO.2000-3 TO MODIFY CERTAIN BENEFITS
AND SALARY FOR THE ELECTED OFFICE OF CITY CLERK FOR CALENDAR YEARS
2000 AND 2001 (700.90)
The City Council considered a communication from the City Clerk requesting that Council adopt
Resolution No. 2000-3 to establish the same modified benefits and salary increase as proposed
for the city's appointed department heads for calendar years 2000-2001. Council approval of
the salary increase recommended for the Office of City Clerk in the Johnson and Associates
consultant study is requested and is also reflected in Resolution No. 2000-3.
01/03/2000 - Council/Agency Minutes - Page 15
A motion was made by Green, second Dettloff to adopt Resolution No. 2000-3 —'A Resolution
of the City Council of the City of Huntington Beach Modifying Benefits and Salary for Calendar
Years 2000 and 2001 for Elected City Clerk."
The motion carried by the following roll call vote:
AYES: Julien, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSTAINED: Sullivan
ABSENT: (Julien absent from the room.)
(CITY COUNCIL) ADOPTED RESOLUTION NO. 2000-1 TO MODIFY CERTAIN BENEFITS
AND SALARY FOR THE ELECTED OFFICE OF CITY TREASURER FOR CALENDAR -YEAR
2000 AND 2001 (700.90)
The City Council considered a communication from the City Treasurer requesting that the City
Council adopt Resolution No. 2000-1 to establish the same modified benefits and salary
increase as proposed for the city's appointed department heads including those recommended
in the Johnson and Associates study.
City Treasurer presented a slide report.
A motion was made by Green, second Dettloff to adopt Resolution No. 2000-1 — "A Resolution
of the City Council of the City of Huntington Beach Modifying Benefits and Salary for Calendar
Years 2000 and 2001 for Elected City Treasurer."
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSTAINED: Sullivan
ABSENT: None
(CITY COUNCIL) ADOPTED RESOLUTION NO. 2000-4 TO MODIFY CERTAIN BENEFITS
AND SALARY FOR THE ELECTED OFFICE OF CITY ATTORNEY FOR CALENDAR YEARS
2000-2001 (700.90)
The City Council considered a communication from the City Attorney requesting that the City
Council approve Resolution No. 2000-4 modifying certain benefits for the City Attorney as .
proposed for the city's appointed department heads for calendar years 2000-2001. City Council
approval of the salary increase recommended for the City Attorney by the City Administrator and
reflected in the same Resolution No. 2000-4 is also requested.
The City Attorney reported on the compensation study and the reasons she agreed with the City
Administrator's recommendation. She requested that Council leave the issue open until the City
Administrator's salary negotiations have been completed.
Page 16 - Council/Agency Minutes — 01/03/2000
A motion was made by Green, second Dettloff to adopt Resolution No. 2000-4 — "A Resolution
of the City Council of the City of Huntington Beach Modifying Benefits and Salary for Calendar
Years 2000 and 2001 for Elected City Attorney."
The motion carried by the following roll call vote:
AYES: Julien, Harman, Garofalo, Green, Dettloff, Barer
NOES: None
ABSTAINED: Sullivan
ABSENT: None
(CITY COUNCIL) APPROVED THE SELECTION OF KOMEX H2O SCIENCE, INC., FOR
GEOLOGIC, HYDROGEOLOGIC AND GEOPHYSICAL CONSULTING SERVICES - URBAN
RUN-OFF/COASTAL REMEDIATION ACTION PLAN AND DEFERRED ACTION ON
PROFESSIONAL SERVICES CONTRACT WITH URS GREINER WOODWARD CLYDE
CORPORATION - INSTRUCT STAFF TO DRAFT FUNDING REQUEST LETTER TO BOARD
OF SUPERVISORS (600.10)
The City Council considered a communication from the Director of Public Works transmitting
two proposed agreements relative to implementation of the Urban Runoff/Coastal Remediation
Action Plan. These agreements are proposed between the city and consultants who specialize
in geology, hydrology, hydrogeology, environmental science, water resources, civil engineering
and oceanography.
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 titled Urban Runoff/Coastal Remediation Action Plan - URS Greiner Woodward Clyde
(not dated) submitted by the Department of Public Works.
Communication titled Request for Council Action dated January 3, 2000 from the Department of
Public Works revising the recommended action by recommending deferral of the proposed
agreement between the City and URS Greiner Woodward Clyde.
Communication from Janice M. Mittermeier, County Executive Officer, County of Orange, dated
January 3, 2000 titled Huntington Beach Coastal Remediation Action Plan.
Communication from Robert Gherelli, Director of Technical Services, regarding proposed Orange
County Sanitation District funding participation.
The Public Works Director presented a slide report.
The City Administrator also reported on the subject.
01/03/2000 - Council/Agency Minutes - Page 17
A motion was made by Harman, second Green to approve and authorize the Mayor and City
Clerk to execute the Professional Services Contract Between the City of Huntington Beach and
Komex H2O Science Inc. for Geologic, Hydrogeologic and Geophysical Consulting Services in
Support of the Urban Run-Off/Coastal Remediation Action Plan, and to defer approval of the
Professional Services contract between the City of Huntington Beach and URS Greiner
Woodward Clyde Corporation for engineering services and to request staff to draft a letter to the
Chairman of the Board of Supervisors relative to funding for this issue.
The motion carried by the following roll vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(CITY COUNCIL) ADOPTED ORDINANCE NO. 3449 — REVISION TO ENTERTAINMENT
PERMIT ORDINANCE (640.10)
The City Council considered Ordinance No. 3449 relating to restaurants, amusement and
entertainment permits.
A motion was made by Green, second Dettloff to adopt Ordinance No. 3449 after reading 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" after
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
(CITY COUNCIL) APPROVED APPOINTMENT OF COUNCILMEMBER PETER GREEN TO
CALIFORNIA COASTAL COALITION BOARD (120.20)
The City Council considered a communication from Mayor Dave Garofalo informing Council of
Councilmember Peter Green's request to be appointed to the California Coastal Coalition
Board.
A motion was made by Garofalo, second Harman to approve the appointment of Peter Green as
the city's representative to the California Coastal Coalition Board. The motion carried by the
following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
Page 18 - Council/Agency Minutes — 01/03/2000
(CITY COUNCIL) REPORT REGARDING AGREEMENT BETWEEN THE STATE WATER
QUALITY CONTROL BOARD AND THE COASTAL COMMISSION - STAFF TO UPDATE
COUNCILMEMBERS PERIODICALLY (120.90)
The City Council considered a communication from Councilmember Ralph Bauer regarding the
agreement recently entered into between the State Water Quality Control Board and the Coastal
Commission relative to prevention of beach contamination from non-profit sources.
Councilmember Bauer presented reasons why he had placed this item on the agenda.
Councilmember Bauer reported that a copy of the agreement is available. Councilmember
Dettloff reported on the agreement. Councilmember Dettloff spoke regarding the importance of
the document.
The Mayor requested that those Councilmembers interested be briefed on this issue. The
Public Works Director assured Council that briefings would be done.
(CITY COUNCIL) STAFF TO MONITOR PROGRESS OF 57 FREEWAY EXTENSION FOR
REPORT TO COUNCIL - (120.90)
The City Council considered a communication from Councilmember Ralph Bauer informing
Council that it has recently been noted that agreements between toll -road operators and
CalTrans contained provisions that precluded Caltrans from improving freeways even when a
matter of public safety is involved.
Councilmember Bauer presented reasons why he had placed this item on the agenda.
Discussion was held.
A motion was made Bauer, second Dettloff that staff monitor progress on the 57 Freeway
extension and report to Council. The motion carried unanimously.
John Erskine, representing the company contracting for the 57 Freeway extension work, at the
request of Council, reported on the Senate and Transportation Committee hearings which are
scheduled.
01/03/2000 - Council/Agency Minutes - Page 19
COUNCIL/AGENCY ADJOURNMENT
The Mayor declared the City Council/Redevelopment Agency meeting adjourned to Tuesday,
January 18, 2000, at 4:30 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach,
California.
— 4�no� 49W4�� .
City Clerk and ex-officio Clerk o the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
e��w� e4o�eul. � b -.J) A..A*y'e
City Clerk/Clerk e Mayor/Chairman