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Home My WebLink About2000-02-22MINUTES CITY COUNCIL -REDEVELOPMENT 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 Tuesday, February 22, 2000 An audiotape of the 4:30 p.m. portion of this meeting and a videotape of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. CALL TO ORDER Mayor 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-S. (The portion of the meeting from 4:30 p.m. to 5:00 p.m. had been duly posted as an adjourned regular meeting.) ROLL CALL Present: Julien, Sullivan, Garofalo, Green, Dettloff, (Harman arrived at 5:10 p.m., Bauer arrived at 4:50 p.m.) Absent: None LATE COMMUNICATIONS Pursuant to the Brown Act (open Meetings Act) the City Clerk announced Late Communications received by her office which pertained to the study session item on the agenda: Communication from the Director of the Planning Department dated February 22, 2000 transmitting a - document titled Proposed Entitlement Streamlining Process. Late Communications from 72 residents relative to the closed session titled Brindle -Thomas vs. City of Huntington Beach were also announced by the City Clerk. Lawrence Kutinsky Dave & Stephanie Buckalew Marvin & Karin Peterson Jim & Elise Mowrey Bill & Sharon Brigham Helen N. Skratt Joe & Patricia Young Anthony Pascoe Wayne & Vicki Smith Sue C'Ganti Warren & Francine Holthaus Ronald & Janelle Marks Clayton & Carol Lewis Gail Pieter Robert & Kelly Casares Jeffrey K. Bergmann Laurence & Isabelle Karsh Tony & Katrina Nguyen Martin & Denise Menichiello Gelso & Marisa Dispalatro Vanessa McElroy Sal & Barbara F. Cracciolo Barbara Fisler Mr. Marks Jim & Janet Christiano Jay & Lynne Davis Eric Rescigno Michele Amaral Tamara Agajanian Tom Watkins Linda Dilday Martha A. Morrow Michael Burdge Dana Beard Martha Morrow Daniel & Ina Liao Dr. Bradley D. & Robin Smith Dennis & De Anna Holloway Craig Towers Mark Billes Stephanie Doe Caron Roccanova Katherine Meredith Suzanne Rosen Page 2 - CouncikAgency Minutes —February 22, 2000 Donna Peterson Randy L. Rummel Lazaros Akis Bountour Mr & Mrs. R. S. Adlluwalia Helene Skratt Walter Hekimian PUBLIC COMMENTS REGARDING STUDY SESSION & CLOSED SESSION AGENDA ITEMS There was no one present at this time to speak during Public Comments; however, following the study session a person arrived to speak. CITY COUNCIL -REDEVELOPMENT AGENCY) STUDY SESSION — PROPOSED REVISIONS TO ENTITLEMENT PROCESSING - REPORT BY DIRECTOR OF PLANNING (440.80) Planning Director Zelefsky referred Council to the late communication which had been announced earlier in the meeting by the City Clerk. titled Proposed Entitlement Streamlining Process: He informed Council of the Planning Commission's support for the streamlining of the city's entitlement process. He made a presentation on the subject using the slide report for reference. Planning Director Zelefsky responded to questions from Councilmember Dettloff regarding the process. RICHARD HARLOW, resident, addressed Council in support of the process and stated that he believes that it is a beginning and that it also shows that Council is confident of staff decisions. In response to Councilmember Sullivan, Planning Director Zelefsky clarified how the new appeal process would work. Councilmember Sullivan stated that he believes Council should have a right:of appeal in addition to the right of appeal of the Planning Commission. Planning Director Zelefsky informed Council that the City Council's right of appeal of any decision is already in the city code. Mayor Garofalo requested that comparative analyses with other communities be done. PUBLIC COMMENTS RUSSELL REINHART, president of the Huntington Beach Police Officers' Association, informed - Council that there have been meetings and progress has been made regarding the items he brought to Council's attention a few meetings ago. He addressed Council regarding the per diem portion of the contract and stated that the organization needed assistance on the problem of members being denied per diem payment. Mr. Reinhart spoke regarding the PERS lawsuit stating that he believes the offers made by the Police Officers' Association are reasonable and should be discussed. He stated that he will be glad to assist in this process. City Administrator Silver informed Council that a report is being prepared on the per diem subject. MOTION TO RECESS TO CLOSED SESSION A motion was made by Sullivan, second Green to recess to Closed Session on the following items: The motion carried by unanimous vote with Councilmember Harman recorded absent. February 22, 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 is City of Huntington Beach v. PERS - Orange County Superior Court Case No. 77 99 58. Subject: City of Huntington Beach. v. PERS. (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 Brindle -Thomas v. City of Huntington Beach — Orange County Superior Court Case No. 75 02 03. Subject: Brindle -Thomas v. City of Huntington Beach. (120.80) (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 & Boianos regarding labor relations matters — meet and confer with the following employee organizations: MSOA, POA, PMA, MEA, MEO, HBFA, HBFMA, SCLEA and Non -Associated. (120.80) RECONVENE CITY COUNCIL -REDEVELOPMENT AGENCY MEETING AT 7:25 P.M. NO ACTIONS TAKEN WHICH REQUIRE A REPORTING PURSUANT TO GOVERNMENT CODE§54957.1(a) (3) (a)). Mayor Garofalo asked the City Attorney if there were any actions taken by the City Council or Redevelopment Agency in Closed Session which required a reporting. City Attorney Hutton responded that there were no actions to report. CITY COUNCIL -REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Sullivan, Harman, Garofalo, Dettloff, Bauer (Green arrived at 10:20 p.m.) Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony was presented by Boy Scout Troop #568, United Methodist Church, Huntington Beach. Scout Master, Eric Peterson. Allison Sheehan, eighth grade student, Mesa View Middle School, sang the Pledge of Allegiance. INVOCATION The invocation was offered by Father Christian Mondor, Sts. Simon and Jude Catholic Church, Huntington Beach. PRESENTATION -- To Mayor Dave Garofalo and the City Council by Jackie Judd and June Dugmore, Co -Executive Directors, The Women of Action of the Huntington Beach Chamber of Commerce, Page 4 - Council -Agency Minutes --February 22, 2000 introduction of winners of the Miss Huntington Beach Scholarship Pageant 2000. Miss Huntington Beach, Katie May Plummer, Senior, Huntington Beach High School; First Runner Up, Piper Taylor, Sophomore, Golden West College and Second Runner Up, Peggy Lee, Graduate of UCI. PRESENTATION — To Mayor Dave Garofalo, Ron Hagan, Community Services Director and Greg Arbues, Project Self Sufficiency Foundation by Jim McLaughlin, The Orange County Board of Realtors, a check for $2,000 to Project Self Sufficiency. PRESENTATION — By Mayor Dave Garofalo to the Women's Volleyball Team, Golden West College, 1999 California Community College State Champions 1999. Dr. Kenneth Yglesias, President, Golden West College, Head Coach Albert Gasparian, Assistant Coach Marcia Bradbeer, Assistant Coach Beth Rosen. Players: Regan Rieweerts, Lori Daedelow, Shannon Yarbrough, Ashley Ferris, Marissa Cothran, Kinsey Ross, Natalie Snowden, Cristina Picarelfi, Rebecca Larsen, Grace Boyd, Julie Renfrow, Alissa Moss. PRESENTATION -- By Mayor Dave Garofalo to the Women's Water Polo Team, Golden West College, 1999 California Community College State Champions 1999. Dr. Kenneth Yglesias, President, Golden West College, Head Coach John Wright, Assistant Coach Mat Braun, Players: Micha Burden, Michele Cobarrubias, Missy Garrison, Maura Haynes, Deborah Hoyt, Agniezka Kanska, Stephanie Lombardo, Christina Marciniuik, Ashleigh May, Jayme McCall, Lauren Muschetto, Johnnae Nardone, Megan Nolan, Meghan O'Donnell, Jenny Perrey, Ricci Rector, Kirsten Rich, Chelsea Rowlands, Ashley Selleh, Kim Steele, Jennifer Tarasut, Joanna Tichauer, Angie Valerou, Sharon Vanderpass, Amber Zering. PRESENTATION — The Mayor's Award was presented to Linda Suraci, Administrative Assistant, Economic Development Department. Economic Director Biggs spoke regarding the many contributic Ms. Suraci has made to Economic Development Department. Ms. Suraci thanked Mayor Garofalo anu Economic Development Director Biggs for the presentation. PRESENTATION - BY CONGRESSMAN DANA ROHRACHER REQUESTING COUNCIL'S OPPOSITION TO COUNTY MEASURE "F" ON THE MARCH 7, 2000 STATEWIDE BALLOT. Congressman Dana Rohrabacher requested that Council oppose County Measure " F" on the March 7, 2000 ballot. He presented reasons for his request. (Resolution No. 2000-23 Opposing County of Orange Measure F was scheduled for consideration by Council later on the agenda.) INTRODUCTION OF STUDENT MEMBERS OF HUMAN RELATIONS TASK FORCE At the request of Councilmember Dettloff, Sidney Kuperberg, member of the City's Human Relations Task Force, introduced the following student members of the task force: Rosie Kar, Linda Luu, Shannon Inouye, Jeffrey Yun, Jay Wu, Kai Arima, Duke Dang, Sharon Singer and Joan Fast; and general members: Carol Hughes, Sidney Kuperberg, Phoebe Kassenhoff. February 22, 2000 - Council -Agency Minutes - Page 5 LATE COMMUNICATIONS Pursuant To The Brown Act (Open Meetings Act) the City Clerk announced late communications regarding agenda items which had been received fo[[owing distribution of the agenda: Communication from the Director of Public Works dated February 22, 2000 titled, Urban Runoff -Coastal Remediation Action Plan. Communication from Director of Administrative Services submitting a revised Request for Council (RCA) Recommended Action #1 to include submitted revised page 3 of 18 of the site License Agreement -- Pacific Bell Wireless, LLC telecommunications facilities at Murdy Park. Photographs submitted by the Director of Administrative Services regarding the proposal Pacific Bell telecommunication on facilities at Murdy Park. Said communication is titled View Looking North Showing the Proposed Pole Replacement and Equipment Location; showing existing and proposed views. Communication from Councilmember Pam Julien dated February 18, 2000, requesting staff to prepare a report to City Council regarding alternate side street sweeping in any area of the city typical of the downtown area, which has alley access to garages. The communication is titled, "H" Item for the February 22, 2000 City Council Meeting Street Sweeping. Slide show presentation regarding the public hearing on the appeal filed by Councilmember Sullivan titled, 117, 119, 121, and 123 Main Street Commercial: Conditional Use Permit No. 98-37, Coastal Development Permit No. 98-12, Special Permit No 99-1; Special Permit No. 99-2. Slide show presentation dated February 22, 2000 from the Planning and Fire Departments titled, Cove Property Sale relative to the pending sale of property, PLC Company to Huntington Beach Company. Slide show presentation dated February 22, 2000 from Director of Economic Development titled, Orange County Community Housing Corporation (OCCHC) Owner Participation Agreement. Slide Show Presentation dated February 22, 2000 from Director Of Public Works titled, West Orange County Cities Association Rail Feasibility and Alignment Study. Communication from the Director of the Planning Department dated February 22, 2000 transmitting a document titled Proposed Entitlement Streamlining Process. (Study Session item) Letters from residents relative to the closed session titled Brindle -Thomas vs. City of Huntington Beach. Lawrence Kutirisky Dave & Stephanie Buckalew Marvin & Karin Peterson Jim & Elise Mowrey Bill & Sharon Brigham Helen N. Skratt Joe & Patricia Young Anthony Pascoe Wayne & Vicki Smith Bob Machado Jeffrey K. Bergmann Laurence & Isabelle Karsh Tony & Katrina Nguyen Martin & Denise Menichielio Gelso & Marisa Dispalatro Vanessa McElroy Sal & Barbara F. Cracciolo Barbara Fisler Tom Watkins Linda Dilday Martha A. Morrow Michael Burdge Dana Beard Martha Morrow Daniel & Ina Liao Dr. Bradley D. & Robin Smith Dennis & De Anna Holloway Page 6 - Council -Agency Minutes --February 22, 2000 Sue C'Ganti Z Mr. Marks Craig Towers Warren & Francine Holthaus Jim & Janet Christiano Mark Billes Ronald & Janelle Marks Jay & Lynne Davis Stephanie Doe Clayton & Carol Lewis Eric Rescigno Caron Roccanova Gail Pieter Michele Amaral Katherine Meredith Robert & Kelly Casares Tamara Agajanian Suzanne Rosen Donna Peterson Randy L. Rummel Lazaros Akis Bountour Mr & Mrs. R. S. Adiluwalia Helene Skratt Walter Hekimian PUBLIC COMMENTS DON ROHRER, representative of USLA-United States Surf Life Saving Association, requested Council approval of the agenda item commemorating Melvin "Max" Bowman, past Marine Safety Captain and Community Services Director. MIKE BEUERLEIN, representative of California Surf Life Saving Association, added his support to Mr. Rohrer's recommendation for approval of the agenda item to place a plaque at Life Guard Tower Zero at the municipal pier commemorating Melvin "Max" Bowman, past Marine Safety Captain and Community Services Director, BiLL HARTGE, president of the Board of Directors of the Municipal Water District of Orange County, urged support of the agenda item recommending approval of State Proposition 13-Safe Drinking Water, Clean Water, Watershed, and Flood Protection Bond Act. PHIL ANTHONY, Orange County Water District representative, presented slides for Council's information which displayed charts and other information showing why the district favors Council adoption of Resolution No. 2000-21 in support of Proposition 13, Safe Drinking Water, Clean Water, Watershed, and Flood Protection Bond Act. BRUCE MILLIKEN, representing the Huntington Beach Restaurant Association, announced that on March 25, 2000 there will be an event held Saturday, March 25, 2000 called the Restaurant Olympics which includes relay races, tomato passes and long board prizes. SANDRA COLE spoke regarding the comments made by Councilmember Green regarding Mr. DeGuelle's resignation from the Mobile Home Advisory Board due to a conflict of interest. She informed Council that the City Attorney's Office has stated that Mr. DeGuelle does not have a conflict of interest. Ms. Cole spoke regarding Ms. Teresa Reynolds' comments at the last Council meeting regarding needed assistance to mobile home residents. Ms. Cole spoke regarding the need to appoint three Mobile Home Advisory Board Members and requested that Council take action. JAN VANDERSLOOT presented a petition to Council listing approximately 91 signatures requesting that the Coastal Commission support the appeal of the permit issued by the city to fill the wetland west of Beach Boulevard, north of the Coastal Highway and requesting that the Coastal Commission preserve this wetland. The petition was titled Petition to Support Appeal and Preserve Wetland. He requested that Council support the request set forth in said petition. Mr. Vandersloot presented his petition to the City Clerk. February 22, 2000 - Council -Agency Minutes - Page 7 GERALD CATERINA spoke regarding his business experience in locating large retailers. He stated his opinion that Wal-Mart would not be suitable at Huntington Center. Mr. Caterina presented reasons why he does not believe Wal-Mart will cause businesses to close and that he believes that Wal-Mart will help businesses near Talbert Avenue and Beach Boulevard. VIRGINIA SIMS presented support for the Wal-Mart project and spoke in opposition to Measure I which would rezone the closed Crest View school site to residential. BONNIE CAYER encouraged Council and the public present to vote "yes" on Measure F-Initiative to Require Two -Thirds Vote for Ratification of New or Expanded Jail, Hazardous Waste Landfill or Civilian Airport Project. She spoke regarding what a "yes" vote on Measure F will mean. Ms. Cayer addressed Council regarding the hazards from the proposed airport which include gasoline tankers traveling the freeways to the airport. She cited increased breast cancer statistics which are caused by pollution stating that Orange County already leads the nation in this type of cancer. Ms. Cayer spoke in support of the Millennium Plan alternative. DON MCGEE spoke in opposition to Measure I which would rezone the closed Crest View School site to residential. He spoke regarding what he believes are scare tactics from Measure I opponents including that large retailers will never come in the city if Wal-Mart is not allowed. He presented a handout from the FAA relative to restricting any noisy aircrafts which he stated supports his contention that local government can control banner carrying planes which he believes are noisy aircraft. The handout was presented to the City Clerk. ELIZABETH WILLIAMS spoke in opposition to Measure I which would rezone the closed Crest View school site to residential. She stated that she believes the proposed Wal-Mart project is necessary for the sake of children's education. VAN ROWLAND spoke in support of Measure I which would rezone the closed Crest View School site to residential. He informed Council of meetings he attended regarding the El Toro airport, and stated he is the son of a retired airport worker. JANELLE LESLIE spoke in opposition to Measure I which would rezone the closed Crest View site to residential as she believes the city does not need more residential development. RONI ELLIS, principal of Harbour View Elementary School, spoke in opposition to Measure I which would rezone the closed Crest View site to residential. She spoke regarding what she believes are the short -comings of Measure I supporters and stated that she believes their campaign is deceptive. MARION PACK, representing Safe And Healthy Communities, spoke in opposition to County Measure F - Initiative to Require Two -Thirds Vote for Ratification of New or Expanded Jail, Hazardous Waste Landfill or Civilian Airport Project. She cited the cost of 2.9 billion dollars to turn the site into an airport. She spoke regarding the environmental impact including impact on air quality which the Air Quality District had stated is equivalent to building three oil refineries in the county. CONNIE BOARDMAN, member of Save Crest View and representative of Huntington Beach Tomorrow, presented reasons in favor of Measure I which would rezone the closed Crest View school site to residential,' including that the Wal-Mart project would remove open space from an area in the city that is already 18 acres short of open space according to the city Planning Department. She spoke regarding the great amount of money spent by Wal-Mart to oppose Measure I. Ms. Boardman stated Page S - Council -Agency Minutes --February 22, 2000 that it is not only the Crest View people who do not believe the Wal-Mart project should be built at thi. site. She stated those opposed to the Wal-Mart project include the Planning Commissioners who voted against the project, the people who signed the petition to put the item on the ballot as well as three Councilmembers who oppose the project. G. K. MALIK spoke in opposition to Measure I which would rezone the Crest View School site to residential as he and his family would like to spend their income in the city. He stated that he and his family love Wal-Mart and Costco. DAN MOSS commended Council for recognizing groups which had made accomplishments. He urged a "no" vote on Measure I which would rezone the closed Crest View School site to residential. He spoke regarding the need to produce an income stream for the school district. He stated that this opportunity was lost when the district did not lease the property where Charter Centre is located, and instead, sold the site. GAYLE O' CONNOR requested that the City Council vote "yes" on Measure I which would rezone the closed Crest View site to residential. She stated that the property had been zoned low density for 40 years. She spoke regarding the Planning Commission's disapproval of the project. Ms O'Connor spoke regarding the school children having to cross the street if the Wal-Mart project is approved. She stated there are available commercial sites including Huntington Center. Ms. O' Connor stated that it is a residential area and not suitable for commercial use. ANNA DREIFUS, elementary preschool assistant Principal, Ocean View School District, spoke in opposition to Measure I which would rezone the closed Crest View School site to residential. She included reasons that she finds the rezoning important for the school district to meet its own needs, anu appreciates the efforts made by the school district. ALLAN POGRUND stated his opposition to Measure I which would rezone the closed Crest View School site to residential as sales tax is needed by the city. He stated reasons why he believes it is a - good location for the Wal-Mart project. Mr. Pogrund stated that taxes would be controlled and he does not want a tax increase. .LAMES TARWATER, Superintendent Ocean View School District, presented reasons in opposition to Measure I which would rezone the closed Crest View site to residential. He stated that Crest View and Rancho View site must be kept in the school district's possession. Mr. Terwater stated that the Ocean View School District wants to invest in the future for the children and does not want to increase taxes. DEBBIE JOSEPHSON spoke regarding why Measure I. She summarized the financial aspects of why she believes a "yes" vote on Measure I is a better safer choice for our school children. She spoke regarding the details of the lease between the school district and Wal-Mart as opposed to selling the land. BARBARA BOSKOVICH spoke regarding a newsletter edited by the city and distributed to the residents of Emerald Cove Senior Residences. She stated that the letter was written by Councilmember Bauer and was inserted in the newsletter. She spoke regarding the content of the letter where references were made to taxes and Measure 1. Ms. Boskovich spoke regarding the policy of the city that no Councilmember is allowed to assert his views in written city material. She stated she had given a letter to Community Services Director Hagan to be inserted which would present the Sat Crest View viewpoint. February 22, 2000 - Council -Agency Minutes - Page 9 CHUCK OSTERLUND questioned where the large signs came from and questioned where Crest View obtained the money for these signs. He asked if the Retail Clerk's Association contributed money. He spoke regarding what he believes is hyperbole that Measure I supporters come up with. Mr. Osterlund spoke further in opposition to Measure I which would rezone the closed Crest View School site to residential. CHUCK BEAUREGARD spoke in support of Measure I which would rezone the closed Crest View School site to residential. He stated what he believes are the facts in opposition to Measure I including the need for revenue for the city and the school district. JUDY CURREN spoke in support of Measure I. She stated that Wal-Mart is spending $250,000 on this election. Ms. Curren stated that it should be remembered that the same person who served as a consultant to the Ocean View School District had been the advisor to the school district whi:h resulted in problems with the Belmont School in Los Angeles. She stated that the Planning Commission had voted unanimously against Wal-Mart at this site. DALE HOOVER informed Council of his occupation and background credentials showing his familiarity with finances. He stated that he has obtained a copy of the lease and the provisions are not favorable to the school district. He cited certain provisions of the lease which he believes are unfavorable. Mr. Hoover spoke regarding the interest that can be earned from the alternative to leasing the site to Wal- Mart. He spoke in support of Measure I which would rezone the closed Crest View School site to residential. JIM SHAFFER spoke in opposition to Measure I which would rezone the closed Crest View School site to residential. He presented reasons why he will vote against Measure I including the need to keep tax dollars in the city and to not increase taxes on the community. BOB POLKOW spoke regarding his experience in being pulled over by a police officer at the request of Robert Cronk, Measure I proponent, relative to dispute over the posting of political signs. JEAN POLKOW continued the presentation which her husband had begun. She requested that Councilmember Harman ask his supporters to not take "no on Measure I" signs down. KATHLEEN CUFF spoke in support of the Wal-Mart project. She stated that it is a wonderful solution to getting money for the schools and not raising taxes. Ms. Cuff stated that she loves the idea of a Wal- Mart in the city and getting tax dollars from other cities. CAROL KANODE, Trustee, Ocean View School District, stated that she believes the question is does the school district have the right to lease the site and she believes it does. She spoke regarding the benefits which the children will gain from the lease. ANNE JEAN SPIEGEL distributed material to the City Council dated February 22, 2000 titled Personal Observations on the Wal-Mart — Crest View Issue — Measures I and J. She referred to this communication in her presentation to Council. Ms. Spiegel requested information as to what happened to the funds that should have kept the school buildings repaired. She spoke in support of Measures I and J. Ms. Spiegel stated that a court of equity would side with the Crest View residents and stated that she did not believe the Ocean View School District should have employees come to speak before the City Council on this matter. JOHN JANKOWSKI addressed Council regarding the high rent charged by mobile home park owners and made particular reference to the Huntington -by -the -Sea Mobile Home Park. Page 10 - Council -Agency Minutes —February 22, 2000 STEVE GULLAGE spoke regarding the speakers who had advised Council of the unwarranted rent increases at their mobile home parks and their need for Council assistance. He informed Council that Teresa Reynolds, who had addressed Council at the last meeting, had passed away. He requested that Council agendize and vote "yes" on the proposed mobile home rent stabilization ordinance. GEORGE SHINROCK spoke in opposition to County Measure F titled Initiative to Require Two -Thirds Vote for Ratification of New or Expanded Jail, Hazardous Waste Landfill or Civilian Airport Project. He stated the benefits of County Measure F including a strong economic base as shown by areas which have airports located in their communities. He stated that he believes the airport at El Toro will be safe. ANGELA LOCHART spoke in opposition to Measure I. She stated that the Wal-Mart project will be beneficial to the community. THOMAS POTWORA, Ocean View School District, informed Council that he was a State of California lifeguard and spoke regarding what an honor it has been to sit tonight in the audience next to Max Bowman, past Marine Safety Captain and Community Services Director. Mr. Potwora spoke in opposition to Measure I which would rezone the closed Crest View school site to residential. He stated that the Wal-Mart project would benefit the community and children. TRACY PELLMAN representing Save Our Schools, informed Council of the volunteers who are walking the precincts in opposition to Measure I which will rezone the Crest.View School site to residential. She stated that "no" on Measure I is also a "no" on taxes. Ms. Pellman advised Council that prior to the commercial zoning on the Crest View site it has always be zoned for schools, not residential, as been stated by a previous speaker. MIKE NELSON requested every voter to vote "yes" on Measure I which would rezone the Crest View School site to residential as it will mean more money to repair schools and not money for salaries. ROBERT CRONK stated reasons why he supports Measure I which would rezone the closed Crest View School site to residential. He stated that the supporters who addressed Council in opposition to - Measure I are primarily school district employees and school board members. Mr. Cronk stated that the other side has had to pay precinct walkers and advertise to school teachers a fee of $75 a day if they would walk their precincts. He urged a "yes" vote on Measure I. PAM WALKER stated that she wished to rebut the slander and lies of the Measure I supporters. She informed Council that the figures do not lie if presented correctly. She stated that the school district has not received any offer of $8,000,000 or more for the site. She stated her opposition to the Measure I opponents whose signs state vote "yes" on I and J, as one must vote "no" on I to vote "yes" on J. COUNCILMEMBER GREEN ARRIVED AT THE COUNCIL MEETING AT 10:20 P.M. REPORT REGARDING SALES TAX REVENUE FIGURES Mayor Garofalo presented sales tax revenue figures for the past few years as well as the areas of sales tax leakage. February 22, 2000 - Council -Agency Minutes - Page 11 SENIOR POLICE OFFICER EKOVICH PRESENTED WITH AWARD Mayor Garofalo announced that Police Officer Nick Ekovich had been presented with the California Robbery Investigative Association 1999 Patrol Officer of the Year Award for Southern California. The award is in recognition of his efforts and courage during the robbery shooting that occurred on September 3, 1999 at a hair salon in Huntington Beach. POLICE CHIEF LOWENBERG TO SERVE ON HATE CRIMES COMMISSION Mayor Garofalo reported that Police Chief Ron Lowenberg has been selected to serve on California Attorney General Bill Lockyer's Civil Rights Commission on Hate Crimes. LETTER WRITTEN BY BOY SCOUT IN FAVOR OF WAL-MART PROJECT Councilmember Bauer read a portion of a letter written by a Boy Scout favoring the Wal-Mart project. COUNCIL COMMENTS ON MEASURE I -- WAL-MART ISSUE Councilmember Bauer informed the Council and audience that the money derived from the school district lease to Wal-Mart cannot be used for salaries. He commented on revenue figures. Councilmember Sullivan stated that as this issue has arisen for comment, he would like to state that if the Ocean View School District sold the site it would immediately qualify for state funds to repair schools now. He stated that he has never heard of a lease that has provision for only one increase in 25 years. (CITY COUNCIL) PUBLIC CABLE TELEVISION AUTHORITY LIAISON REPORT BY MAYOR DAVE GAROFALO — DEFERRED TO MARCH 6, 2000 (140.60) Mayor Garofalo stated that a new attorney has been hired by the Public Cable Television Authority. He informed Council that a report will be made following receipt of a report from the newly hired legal counsel. (CITY COUNCIL) APPROVED RECOMMENDATIONS OF THE INTERGOVERNMENTAL RELATIONS COMMITTEE AND ADOPTED RESOLUTION NO. 2000-21 — SUPPORT PROPOSITION 13 SAFE DRINKING WATER, CLEAN WATER, WATERSHED AND FLOOD PROTECTION BOND ACT — ADOPTED RESOLUTION NO. 2000-22 SUPPORT PROPOSITION NO. 15 CRIME LABORATORIES CONSTRUCTION BOND ACT (120.70) The City Council considered a communication from Mayor Pro Tem Tom Harman, Chair of the Intergovernmental Relations Committee informing Council of the committee's recommendation to support Proposition No. 13 and Proposition No. 15 on the March 7, 2000 ballot because of their direct financial impact on the city of Huntington Beach. Mayor Pro Tern Harman reported on the importance of Proposition 13. He stated that the Huntington Beach Police Department has a laboratory and that this proposition will benefit the city. Page 12 - Council -Agency Minutes --February 22, 2000 A motion was made by Harman, second Sullivan to approve the following recommended action: 1. Adopt Resolution No. 2000-20 — "A Resolution of the City Council of the City of Huntington Beach Adopting Position of Support for Proposition 13 on March 2000 Ballot (Assembly Bill 1584) Safe Drinking Water, Clean Water, Watershed and Flood Protection Act, 2. Adopt Resolution No. 2000-21 — "A Resolution of the City Council of the City of Huntington Beach Adopting a Position of Support for Proposition 15 — the Crime Laboratories Construction Bond Act on the March 2000 Ballot." 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 AND APPROVED REAPPOINTMENT TO FILL VACANCIES ON THE PERSONNEL COMMISSION -- WARD -HUNT (110.20) The City Council considered a communication from the Director of Administrative Services recommending appointments to fill vacancies on the Personnel Commission. A motion was made by Garofalo, second Sullivan to reappoint Warren L. Ward to the Personnel Commission and to appoint Matthew Hunt to complete the term vacated by James A. Aldridge. The motion carried unanimously. February 22, 2000 - Council -Agency Minutes - Page 13 (CITY COUNCIL) ADOPTED RESOLUTION NO.2000-23 OPPOSING COUNTY OF ORANGE MEASURE "F" - INITIATIVE TO REQUIRE TWO-THIRDS VOTE FOR RATIFICATION OF NEW OR EXPANDED JAIL, HAZARDOUS WASTE LANDFILL OR CIVILIAN AIRPORT PROJECT (120.70) The City Council considered a communication from Councilmember Ralph Bauer transmitting the recommendation of Mayor Garofalo, Councilmember Dettloff and himself that the Council oppose Orange County Measure 7" which will be considered on the March 7, 2000 ballot. Measure "F" would require that no new or expanded jail, hazardous waste landfill or civilian airport project (all as defined in the measure) shall be valid and effective unless ratified by a two-thirds majority of the voters voting in a county general election and requiring that the Board of Supervisors conduct a public hearing in each affected city prior to project approval. Councilmember Bauer presented reasons why he had placed this item on the agenda. A motion was made by Bauer, second Garofalo to adopt Resolution No. 2000-23 "A Resolution of the City Council of the City of Huntington Beach Opposing Measure F. Councilmember Sullivan presented reasons why he believes each of the issues covered by Measure F are important. Councilmember Dettloff spoke regarding the reasons why she opposes County Measure F. Mayor Garofalo read the argument against Measure F from the sample ballot and voter's information pamphlet. Mayor Garofalo stated he will also be voting "no" on Measure F. The motion made by Bauer, second Garofalo carried by the following roll call vote: AYES: Julien, Gaoralo, Green, Dettloff, Bauer NOES: Sullivan ABSTENTIONS: Harman (CITY COUNCIL) STATUS UPDATE ON POLICE OFFICERS INJURED IN THE LINE OF DUTY — OFFICER NICK EKOVICH AND OFFICER RICHARD WRIGHT (160.10) Captain Ed McErlain reported that Police Officers Nick Ekovich and Richard Wright both are doing well and are anxious to return to work. He informed Council that Officer Wright may need further surgery and the Officer Ekovich's arm and hand are improving. CITY COUNCIL) ANNOUNCEMENT OF PUBLIC WORKS DEPARTMENT EMPLOYEES OF THE YEAR AWARDS (120.70) The City Council presented a communication from the City Administrator informing Council of the Public Works Department (Maintenance Division) selection of outstanding employees from each of the major Maintenance Programs: Public Works Director Beardsley announced the names of the employees who received Employees of the Year Awards: Beverly Herman, Administrative Secretary, Eric Winklemann, Building Maintenance, Electrician, Chris Denton, Vehicle -Equipment Maintenance, Mechanic, Al Enright, Street Maintenance, Leadworker, Cliff Zielke, Wastewater Maintenance, Equipment Operator. Page 14 - Council -Agency Minutes —February 22, 2000 (CITY COUNCIL) APPROVED REPORT BY PUBLIC WORKS DIRECTOR'S - URBAN RUNOFF - COASTAL REMEDIATION ACTION PLAN (520.30) The City Council considered a communication from the Director of Public Works transmitting an update to the Public Works Director's Urban Runoff -Coastal Remediation Action Plan. This plan, ratified by Council, provides the direction taken to determine and abate the problems which contributed to the beach closures and postings of last summer. A summary of the current activities is submitted and an update of the Director's Action Plan will be provided at the Council meeting. Public Works Director Beardsley presented a staff report. He referred to the late communication announced earlier by the City Clerk titled Urban Runoff -Coastal Remediation Action Plant. City Administrator Silver reported on the subject including the countywide efforts being made, as well as efforts toward enacting legislation. CITY ADMINISTRATOR'S ANNOUNCEMENT- LIFE GUARD TOWER ZERO COMMEMORATION PLAQUE - MELVIN "MAX" BOWMAN City Administrator Silver spoke regarding the Consent Calendar item on the agenda regarding a commemoration Plaque on Life Guard Tower Zero honoring Max Bowman past Marine Safety Captain, and Community Services Director. He informed the Council and audience of Max Bowman's contributions to the city and stated that Max is also designated on the plaque at City Hall in recognition of leaving been an employee who worked for the city for over 25 years. (CITY COUNCIL) DEFERRED ADOPTION OF RESOLUTION NO.2000-19 TO A FUTURE COUNC MEETING - ESTABLISHING REWARD MONEY FOR MURDER CASE (320.45) The City Council presented a communication from the Chief of Police transmitting Resolution No. 2000- 19 to establish a reward for information leading to the arrest and conviction of the person or persons responsible for the murder of Bridgette Ballas. The City Administrator stated that Resolution No. 2000-19 would be deferred for the report by staff. CITY ADMINISTRATOR'S REPORT — OLD TOWN SEWER PROJECT — CC-1096 PHASE 11— SANCON ENGINEERING 11 City Administrator Silver reported on the Consent Calendar item on the agenda regarding the completion of the Old Town Sewer Project -- CC 1096 Phase 11. He informed Council that the Public Works Director would be preparing a monthly report regarding Department of Public Work's projects in the city. (CITY COUNCIL) CONTINUED PUBLIC HEARING TO MARCH 20, 2000 ON RESOLUTION OF INTENTI NO.2000-5 ADOPTED ON JANUARY 18, 2000 TO ESTABLISH PROPOSED CITY OF HUNTINGTON BEACH COMMUNITY FACILITIES DISTRICT NO.2000-1 — HILTON GRAND COAST RESORT (WATERFRONT PROJECT) (350.30) Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the formation Community Facilities District (CFD) No. 2000-1. Community Facilities District (CFD) No. 2000-1 would = " the use of tax-exempt financing for certain eligible public improvements related to the proposed Hilton . Coast Resort Project. The boundaries of the proposed project are shown on the map entitled "Boundaries February 22, 2000 - Council -Agency Minutes - Page 15 City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast Resort) of the County of Orange, State of California," which is on file with the City Clerk of the City of Huntington Beach. Legal notice as provided to the City Clerk's Office by staff had been published and posted. Assistant City Administrator Fallon presented reasons why staff is recommending that Council continue this public hearing open as there is a need to receive official word from the Registrar of Voters that there are no any voters in this area. She clarified the reasons for the public hearing and summarized the provisions of t proposed lease. Economic Development Director Biggs responded to Councilmember Bauer's questions. Mayor Garofalo declared the public hearing open. A motion was made by Dettloff, second Green to continue the public hearing open on Resolution of lntentio No. 2000-5 — Establishment of City of Huntington Beach Community Facilities District No. 2000-1 — Hilton Grand Coast Resort (Waterfront Project) to the March 20, 2000 Council Meeting. The motion carried unanimously. (CITY COUNCIL) CONTINUED PUBLIC HEARING OPEN TO MARCH 20, 2000 - ZONING TEXT AMENDMENT NO. 99-2 - SMALL LOT RESIDENTIAL DEVELOPMENT ORDINANCE - TO ESTABLISH DEVELOPMENT STANDARDS - APPROVE INTRODUCTION OF ORDINANCE NO. 3455 (450.20) Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the following: Applicant: City of Huntington Beach Request: To amend the Huntington Beach Zoning and Subdivision Ordinance by establishing development standards for small lot residential subdivisions in Medium, Medium -High, and High Density Residential Districts citywide. Location: RM, RMH and RH Districts citywide. Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Mayor Garofalo declared the public hearing open. A motion was made by Dettloff, second Green to continue the public hearing open on Zoning Text Amendment No. 99-2 Small Lot Residential Development Ordinance to establish development standards, to the March 20, 2000 City Council Meeting. The motion carried unanimously. Page 16 - Council -Agency Minutes --February 22, 2000 (CITY COUNCIL) PUBLIC HEARING — APPEAL FILED BY COUNCILMEMBER SULLIVAN OF THE PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 98-371 — COASTAL DEVELOPMENT 98-12 — SPECIAL PERMIT 99-11 — SPECIAL PERMIT 99-2 (APPLICANT JEFF BERGSMA) — 117, 119, 121, 123 MAIN STREET — WEST SIDE BETWEEN PCH & WALNUT AVENUE (420.40) Mayor Garofalo announced that this was the time scheduled for a public hearing to consider an appeal filed by Councilmember Dave Sullivan of the Planning Commission's approval of the following appeal: Applicant: Jeff Bergsma. Appellant: Councilmember Dave Sullivan Request: Conditional Use Permit and Coastal Development Permit to allow the following:_117 Main Street: (1) Exterior and interior remodel of the list and 2nd floor; (2) Establish a restaurant -banquet facility with outdoor patio dining and alcohol service on the 2"d floor. 119 Main Street: (1) Exterior and interior remodel of the 1" floor; (2) Construct a new 2"d floor for retail or office use; (3) Abandonment of three (3) feet of alley on the west side. 121 Main Street: (1) Exterior and interior remodel of the 16t floor; (2) Construct a new 2"d floor for office use 123 Main Street: (1) Demolish the existing building and construct a new two-story building with retail on the 1st floor and office on the 2"d floor. Special permits to allow the 2nd floor balcony of all four (4) buildings at a setback of two (2) feet in lieu of the five (5) feet build -to -line required along Main Street and to allow a seven (7) feet build -to -line in lieu of the required five (5) feet for the 1st and 2"d stories of all four (4) buildings along Main Street (staff recommendation). Location: 117, 119, 121, and 123 Main Street (west side between Pacific Coast Highway and Walnut Ave). Environmental Status: Covered by Environmental Impact Report No. 89-6. Coastal Status: Located in the non -appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 98-12, filed on May 8, 1998, in conjunction with the above request. The Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion and action. Coastal Development Permit No_ 98-12 is not appealable to the California Coastal Commission. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Councilmember Sullivan presented reasons for his appeal. City Attorney Hutton, at the request of Councilmember Bauer, reported on her legal opinions written relative to whether there is a conflict of interest for Councilmembers Julien, Bauer, and Garofalo on this issue. The City Attorney referred to two documents which she had prepared on this issue. The documents were titled Conflict of Interest— Agenda Item D-3, Appeal of CUP 98-371, CDP 98-12, Special Permits 99-2, 99-11 City Council Meeting of February 22, 2000 dated February 22, 2000 and Finding of No Conflict of Interest in Connection with Voting on CUP 98-37, Nor Block 104-105 Redevelopment— Indexed Internal Organization Operation; Conflict of Interest; General; Political Reform Act, Police Power, Land Use; Planning, Redevelopment dated February 22, 2000. February 22, 2000 - Council -Agency Minutes - Page 17 City Attorney Hutton rep"brted that Mayor Garofalo does not have foreseeable financial effect nor will Councilmember Julien; also that Councilmember Bauer would not have a conflict of interest. She made reference to the fact that Planning Commissioner Mandic had also been allowed to vote on this application at the Planning Commission level. Discussion was held between the Planning Director and the City Council regarding the appeal. Mayor Garofalo declared the public hearing open. Earlier in the meeting, the City Clerk had announced that the following late communication of this item had been provided to the City Council: Slide show presentation from the Planning Department titled, 117, 119, 121, and 123 Main Street Commercial., Conditional Use Permit No. 98-37, Coastaf Development Permit No. 98-12, Special Permit No. 99-1; Special Permit No. 99-2. Jeff Bergsma, applicant, addressed Council and presented a slide report using the slide report announced earlier in the meeting by the City Clerk. He presented a document to the Council titled 117, 119, 121, 123 Main Street CUP 98-37- Planning Issues (no date). FRANK ALFONSO, owner of property at 119 Main Street, addressed Council and presented reasons why he believes the application should be approved. He stated that his project improves the area and the city will not have to pay any money towards these improvements. THOMAS CALLAHAN informed Council that everyone who has seen his work on Starbucks and the gym is aware of the quality work of his projects. He stated that he cannot believe the city will have a problem with the plan as proposed in this application. GARY MULLIGAN spoke regarding the history of the project as it went through the Board of Zoning Adjustments and the Planning Commission. He stated that if the setback is as requested by staff their project will not be able to be seen as their building will be hidden behind a column. Mr. Mulligan informed Council that the Planning Commission and the Design Review Board had recommended approval. BILLY STADE, owner of The Closet, 121 Main Street, requested that Council approve the recommended action. KEITH BOHR spoke on behalf of the project and its applicant, Jeff Bergsma. There being no persons present to speak further on the matter and there being no protests filed, either written or oral, the hearing was closed by the mayor. In response to Council, Planning Director Zelefsky reported on the history of the issue including the setback issue and the staff recommendation for setback. Mr. Bergsma, applicant, responded to Councilmember Julien's question regarding setback footage. Councilmember. Dettloff spoke regarding reasons why she favored the alternative action as set forth in Attachment No. 3 to the Request for Council Action. Page 18 - Council -Agency Minutes —February 22, 2000 A motion was made by Dettloff, second Green to approve alternative action -Attachment No. 3 Approve Conditional Use Permit No. 98-37 with findings, and condition of approval, as set forth in Attachment No. 3, with the following recommended changes: a. The public open space requirement for the project shall be provided along Main Street in a central location on the ground floor. This open space must be designed such that the public can access it without walking through any tenant space. b. include Design Guidelines recommendations for varied and offset rooflines, pedestrian orientation by including a plaza or courtyard (see 1 a), enhanced fagade treatments at the street level by including greater architectural detail for visual interest, window treatments such as multi -paned windows with tile borders, and accented entries that are ornate and detailed. c. Historic plaques shall be incorporated and the materials from the existing buildings shall be incorporated to the greatest extent possible. d. The project shall be referred back to the Planning Director for final review in consultation with the city's Urban Design Consultant for compliance with the Design Guidelines and the outlined recommendations. 2. Approve Coastal Development Permit 98-12 with findings and conditions of approval as set forth in Attachment No. 3. 3. Approve Special Permit No. 99-1 to allow a seven feet build -to -line for the 15' and 2"d story of all four buildings in lieu of the required five feet with findings as set forth in Attachment No. 3. 4. Deny Special Permit No. 99-2 to allow the 2"1 floor balcony of all four buildings at a setback of two feet in lieu of the required five feet with findings for denial, as set forth in Attachment No. 3. The Findings and Conditions are set forth on Page No. 28 of the February 22, 2000 Council -Agency Minutes. Following further discussion the motion carried by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff, Bauer NOES: None ABSENT: None (CITY COUNCIL -REDEVELOPMENT AGENCY) CONTINUED OPEN TO MARCH 20, 2000 -JOINT PUBLIC HEARING BETWEEN CiTY COUNCIL -REDEVELOPMENT AGENCY - PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE OF REAR PROPERTY OUTSIDE THE REDEVELOPMENT AREA BUT TO THE BENEFIT OF THE CITY OF HUNTINGTON BEACH TO HABITAT FOR HUMANITY, ORANGE COUNTY — N-W ANDS W CORNER OF YORKTOWN-EN GLAND, S-W CORNER OF YORKTOWN-FLORiDA (600.30) Mayor Garofalo announced this was the time scheduled for a joint public hearing between the City Council and Redevelopment Agency pursuant to the California Community Redevelopment Law (Health and Safety Code Sections 33000, et seq.) for the purpose of considering the approval of a proposed Disposition and Development Agreement between the Agency and Habitat for Humanity of Orange County, Inc., a California nonprofit public benefit corporation (Developer). The Agreement provides for the sale of approximately 12,925 square feet (or .296 acres) of real property (three individual remnant parcels) generally described as the northwest corner of Yorktown Avenue and England Street, the southwest corner of Yorktown Avenue and Florida Street and the southeast corner of Yorktown Avenue and England Street (the "Site"), to the Developer and the February 22, 2000 - Council -Agency Minutes - Page 19 construction thereon by the Developer of three single family residential units for very -low income households. The units created by this project will be credited to the housing obligations of the Main - Pier Redevelopment Project Area of the City of Huntington Beach (the "Project Area"). The purpose of the joint public hearing is to consider: 1. The proposed sale of real property by the Agency to Developer. 2. The proposed terms and conditions for such sale of real property. 3. The proposed Disposition and Development Agreement. 4. All evidence and testimony for and against the approval of the Disposition and Development Agreement and the sale of real property and the terms and conditions therein. The Agency has prepared a Summary Report about the Agreement that describes and specifies: a. The cost to the Agency of the Agreement. b. The estimated value of the interest to be sold, determined: (1) at the highest and best uses permitted under the Redevelopment Plan, and (2) at the use and with the conditions, covenants, and development costs required by the sale. c. The purchase price, and an explanation of why the purchase price is less than the fair market value of the interest to be conveyed (if applicable), determined at the highest and best use consistent with the Redevelopment Plan. d. An explanation of why the sale will assist in the elimination of blight. e. Other pertinent economic analysis. At the hearing, any and all persons having objections to or wishing to express support of the proposed Disposition and Development Agreement, the proposed sale of real property or the proposed terms and conditions therefor, or the regularity of any of the prior proceedings, may appear and be heard before the Agency and the City Council on the proposed Disposition and Development Agreement, the . Proposed sale of real property and the proposed terms and conditions therein. Any persons desiring to be heard at the hearing will be afforded an opportunity to be heard. At any time not later than the hour set for hearing, any person objecting to or supporting the proposed Disposition and Development - Agreement, the proposed sale of real property or the terms and conditions therein, may file in writing with the City Clerk a statement of his or her objections thereto or support thereof. The documents referred to above are available for public inspection and copying during regular office hours at the offices of the City Clerk and the Clerk of the Redevelopment Agency, 2000 Main Street, Huntington Beach, California. Legal notice as provided to the City Clerk's Office by staff had been published and posted. Mayor Garofalo declared the public hearing open. A motion was made by Garofalo, second Green to continue to March 20, 2000, open the joint public hearing between City Council and Redevelopment Agency on the proposed disposition and development agreement providing for the sale of real property outside the redevelopment area but to the benefit of the City of Huntington Beach to Habitat for Humanity -Orange County. The motion carried by unanimous vote. Page 20 - Council -Agency Minutes February 22, 2000 CONSENT CALENDAR — ITEMS REMOVED FOR SEPARATE DISCUSSION Council by unanimous consensus removed the following items from the Consent Calendar for separate discussion: Site License Agreement Between the City of Huntington Beach and Pacific Bell Wireless, LLC (D.B.A. Pacific Bell Wireless) for the Installation of Telecommunication Facilities at Murdy Park. Guidelines for Local Community Organizations Requesting City Support for Special or Specific Events. 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 Councilmember Sullivan requested that his no vote be recorded on the Consent Calendar item relative to the reimbursement agreement between the City of Huntington Beach and Hearthside Homes, Inc. in connection with the Sandover Project, Tract 15734. Councilmember Sullivan requested that his no vote be retarded on the Consent Calendar item relat to the scheduling introduction of an ordinance on March 20, 2000 to amend the contract with PERS to provide 2% at 55 full formula benefit for local miscellaneous plan members. (CITY COUNCIL -REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council -Redevelopment Agency regular meeting of February 7, 2000 as written and on file in the Office of the City Clerk. (CITY COUNCIL) APPROVED APPOINTMENTS TO HUMAN RELATIONS TASK FORCE — KAR- LUU-INOUYE YUN-WU-ARIMA-DANG-SINGER-FAST — HUGHES-KUPERSERG-KASSENOFF (110.20) - Appointed the following students to serve on the Human Relations Task Force for terms to expire 9-30-2000: Rosie Kar, Linda Luu, Shannon Inouye, Jeffrey Yun, Jay Wu, Kai Arima, Duke Dang, Sharon Singer and Joan Fast; appointed the following residents to serve as general members: Carol Hughes, Sidney Kuperberg, Phoebe Kassenhoff. (CITY COUNCIL) APPROVED AGREEMENT WITH WHITMORE, JOHNSON & BOLANOS FOR LEGAL SERVICES (PERSONNEL MATTERS) (600.10) -Approved Agreement Between The City Of Huntington Beach And Whitmore, Johnson And Bolanos, A General Partnership For Legal Services and authorized execution by the Mayor and City Clerk. February 22, 2000 - Council -Agency Minutes - Page 21 (CITY COUNCIL) APPROVED AGREEMENT WITH MYERS, WIDDERS, GIBSON & LONG FOR LEGAL SERVICES RE: MILLS V. CITY OF HUNTINGTON BEACH — APPROVED MODIFICATIONS TO INSURANCE REQUIREMENTS (600.10) —1. Approved Agreement Between The City Of Huntington Beach And Myers, Widders, Gibson And Long, L.L.P. For Legal Services In Connection With Mills V. City Of Huntington Beach and authorize the Mayor and City Clerk to execute same; and 2. Approved the waiver of $25,000 deductible for professional liability insurance; and 3. Approved the waiver of notice requirement and waiver of additional insured endorsement for general liability insurance (CITY COUNCIL) APPROVED ALLIED ARTS BOARD REAPPOINTMENTS -- SPENCER-GELLER (110.20) - Approved the reappointments of Helen Spencer and Ruth Geller to the Allied Arts Board for terms to expire on June 30, 2003. (CITY COUNCIL) APPROVED MEMORANDUM OF UNDERSTANDING NO. C-9-9440 WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) — FOR EXCHANGE OF FUNDS FOR BUS PURCHASES AUTHORIZING OCTA TO APPLY FOR FEDERAL GRANT FOR BUS PURCHASES — SENIOR TRANSPORTATION SERVICES (600.25) Approved and authorized execution by the Mayor and City Clerk of a Memorandum Of Understanding No C-9-9440 For Exchange Of Funds For Bus Purchases By And Between Orange County Transportation AuthorityAnd The City Of Huntington Beach, August 1999 authorizing the OCTA to apply for a federal grant on behalf of the City of Huntington Beach for bus purchases to provide senior transportation services. (CITY COUNCIL) APPROVED COMMEMORATION OF MELVIN "MAX" BOWMAN, PAST MARINE SAFETY CAPTAIN & COMMUNITY SERVICES DIRECTOR AT LIFEGUARD TOWER ZERO AT MUNICIPAL PIER --CREATION OF LIFEGUARD HONOR ROLL (245.10) The City Council considered a communication from the Community Services Director recommending approval of the commemorative plaque to be located at life Guard Tower Zero at the municipal pier honoring Melvin "Max" Bowman, Past Marine Safety Captain and Community Services Director. Also recommended is the creation of a life guard honor roll. A motion was made by Garofalo, second Bauer to approve the following recommended actions: 1. Approve the concept of honoring Melvin "Max" Bowman at the new Tower Zero on the Municipal Pier; and 2. Direct staff to affix the donated plaque to the exterior base of Lifeguard Tower Zero (per diagram). Councilmember Bauer spoke regarding the history of the lifeguard tower and the Lifeguard Department. He informed Council of the contributions Max Bowman, past Marine Safety Captain, and Community Services Director, had made to the Lifeguard Department. The motion made by Garofalo, second Bauer carried by unanimous roll call vote. Max Bowman, past Marine Safety Captain, and Community Services Director informed Council how much it means to him to be recognized in this manner and that it means the most that his late wife has also been recognized on this plaque as it was she who made it possible for him to have the opportunity to make these achievements. Page 22 - Council -Agency Minutes —February 22, 2000 (CITY COUNCIL) ACCEPTED THE OLD TOWN SEWER PROJECT; CC 1096, PHASE 2 AND FILE A NOTICE OF COMPLETION -- SANCON ENGINEERING II (600.60) —1. Accepted the Old Town Sewer Project, Phase 2 completed by Sancon Engineering 11, Inc. at a final cost of $70,060.50 and 2. Authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (CITY COUNCIL) APPROVED AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND HEARTHSIDE HOMES, INC. IN CONNECTION WITH THE SANDOVER PROJECT - TRACT 15734 — S-W CORNER BOLSA CHI CA STREET AND LOS PATOS DRIVE (600,10) 1. Approved and authorized the Mayor and City Clerk to execute Amendment No. 1 to the Reimbursement Agreement Between the City of Huntington Beach and Hearthside Homes for Professional Planning Services. 2. Appropriated $2,338.75 to the Planning Services Account (AAPL231390000) from Hearthside Homes, Inc. for unanticipated professional planning services associated with the Sandover Project. Councilmember Sullivan requested the City Clerk to record his vote as a no vote on the item relative to the reimbursement agreement between the City of Huntington Beach and Hearthside Homes, Inc. in connection with the Sandover Project Tract 15734. (CITY COUNCIL) APPROVED AMENDMENT NO. 1 TO THE AGREEMENT WITH PSOMAS AND ASSOCIATES FOR INTERIM WATER OPERATIONS MANAGER SERVICES — APPROVED MODIFICATIONS TO INSURANCE REQUIREMENTS (600.10) —Approved and authorized the Mayor and City Clerk to execute Amendment No. 1 to Agreement Between the City of Huntington Beach and PSOMAS and Associates, Inc., to Provide Interim Water Operations Services including previously agrpQd upon modifications to insurance requirements. (CITY COUNCIL) APPROVED AN INCREASE IN THE CHANGE ORDER BUDGET FOR THE CIVIC CENTER WATERPROOFING AND PAINTING PROJECT — MSC-403 — (IPW) INDUSTRIAL PAINTING & WATERPROOFING COMPANY, INC. (600.90) — Approved a $4,800 increase in the change order budget for the Civic Center complex waterproofing and painting project work beyond that which was originally planned. (CITY COUNCIL) ADOPTED RESOLUTION NO. 2000-24 APPROVING MEMORANDUM OF UNDERSTANDING - MARINE SAFETY OFFICERS' ASSOCIATION (720.20) — Adopted Resolution No. 2000-24 —A Resolution of The City Council of Huntington Beach Approving and Implementing The Memorandum of Understanding Between The Huntington Beach Marine Safety Offrcers'Associafion and the City of Huntington Beach For 10-1-99 To 9-30-2000." (CITY COUNCIL) ADOPTED RESOLUTION OF INTENT NO.2000-20 — SCHEDULING INTRODUCTION OF ORDINANCE ON MARCH 20, 2000 TO AMEND CONTRACT WITH PERS (PUBLIC EMPLOYEE RETIREMENT SYSTEM TO PROVIDE SEC. 21354 - (2% AT 55 FULL FORMULA) BENEFIT FOR LOCAL MISCELLANEOUS PLAN MEMBERS (700.50) — Adopted Resolution of Intent No. 2000-20 — "A Resolution of the City Council of the City of Huntington Beach of Intention to Approve an Amendment to Contract Between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Huntington Beach." Councilmember Sullivan requested the City Clerk to record his vote as a no vote on the item relative to the scheduling introduction of ordinance on March 20, 2000 to amend the contract with PERS to provide 2% at 55 full formula benefit for local miscellaneous plan members. February 22, 2000 - Council -Agency Minutes - Page 23 (CITY COUNCIL) APPROVED PLAN SPECIFICATIONS AND GRANT PERMISSION TO ADVERTISE THE SHIELDS STORM DRAIN PUMP STATION — CC-584 — APPROVED SAMPLE CONTRACT (600.60) — Approved sample contract subject to award of contract to the lowest responsive -responsible bidder, and 2. Approved final plans and specifications, and directed the City Clerk to advertise the Shields Storm Drain Pump Station improvements for bid. (CITY COUNCIL) APPROVED SITE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC BELL WIRELESS, LLC (D.B.A. PACIFIC BELL WIRELESS) FOR THE INSTALLATION OF TELECOMMUNICATION FACILITIES AT MURDY PARK (600.10) The City Council considered a communication from the Administrative Services Director recommending approval of the Site License Agreement between the city and Pacific Bell Wireless, LLC for the installation of telecommunication facilities at Murdy Park. Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: Photographs submitted by the Director of Administrative Services titled, View Looking North Showing the Proposed Pole Replacement and Equipment Location; showing existing and proposed views. Mayor Pro Tern Harman requested staff to report on the provisions of the agreement wherein over city objections more towers could be placed. Mat Lamb, Real Estate Services Manager, clarified this provision to Mayor Pro Tern Harman's satisfaction. A motion was made by Harman, second Garofalo to approve the following recommended actions, as amended by the Communication from Director of Administrative Services submitting a revised Request for Council (RCA) Recommended Action #1 to include submitted revised page 3 of 18 of the License Agreement. I. Approve and authorize the Mayor and City Clerk to execute the Site License Agreement Between the City of Huntington Beach and Pacific Bell Wireless, LLC ("Pacific Bell Wireless") for the installation and maintenance of telecommunication facilities at Murdy Park. 2. Delegate the City Administrator or the Director of Administrative Services to approve and authorize additional site license agreements with Pacific Bell Wireless, LLC ("Pacific Bell Wireless") for the installation of telecommunication facilities on public property. The motion carried by the following roll call vote: AYES: .Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (CITY COUNCIL) CONTINUED TO MARCH 6, 2000 - APPROVAL OF GUIDELINES FOR LOCAL COMMUNITY ORGANIZATIONS REQUESTING CITY SUPPORT FOR SPECIAL OR SPECIFIC EVENTS (960.20) The City Council considered a communication from the Community Services Director recommending approval of city guidelines for processing requests from community organizations relative to special and specific events. A motion was made by Sullivan, second Green to defer consideration the subject of approving city guidelines for processing requests from community organizations to waive fees -direct costs, and to provide financial support for events on public property. The motion carried unanimously. Page 24 - Council -Agency Minutes —February 22, 2000 (CITY COUNCIL) APPROVED CONSENT FOR PENDING SALE (FROM PLC LAND COMPANY TO HUNTINGTON BEACH COMPANY) — OF PROPERTY KNOWN AS APN 111-074-02 (THE "COVE") HOLLY SEACLIFF DEVELOPMENT AREA AGREEMENT -N-E CORNER OF GARFIELD AVENUE AND GOTHARD STREET —AUTHORIZED EXECUTION OF CONSENT TO SALE OF PROPERTY AND ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS (600.10) The City Council considered a communication from the Planning Director transmitting for Council consideration a request by PLC Land Company for the City Council to provide consent to the pending sale of APN 111-074-02, a vacant property known as the "Cove" located at the northeast corner of Garfield Avenue and Gothard Street, to the Huntington Beach Company. This property was originally owned by the Huntington Beach Company and acquired by PLC Land Company in May 1996. The project is subject to the Holly Seacliff Development Agreement. Section 4.2 of the Development Agreement requires the City to provide consent to the sale of the properties covered by the Development Agreement if the sale is to a parry not affiliated with the Developer and if all public improvements have not been completed. Staff has performed due diligence regarding the pending sale of this property and recommends that the City Council provide consent to the sale of the property to the Huntington Beach Company. 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 dated February 22, 2000 from the Planning and Fire Departments titled, Cove Property Sale relative to the pending sale of property, PLC Company to Huntington Beach Company. Fire Chief Dolder responded to an inquiry from Mayor Pro Tern Harman regarding the soil problems. He informed Council that Chevron Company has the responsibility for the soil problems. A motion was made by Dettloff, second Green to approve the following recommended. actions: 1. Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by PLC Land Company for the City Council to provide consent for the pending sale of the property known as APN 111-074-02 to Huntington Beach Company; and 2. Authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations by and Between the City of Huntington Beach, PLC, and Huntington Beach Company and to record same with the County Recorder. The motion carried by the following roll call vote. AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None Page 25. - Council -Agency Minutes - Februa-ry 22, 2000 (CITY COUNCIL -REDEVELOPMENT AGENCY) APPROVED AN OWNER PARTICIPATION LOAN AGREEMENT WITH ORANGE COUNTY COMMUNITY HOUSING CORPORATION (OCCHC) —APPROVED WAIVER OF CERTAIN INSURANCE REQUIREMENTS — ACQUISITION AND REHABILITATION OF 17401 AND 17432 KOLEDO LANE — HOME INVESTMENT PARTNERSHIP PROGRAM (600.30) The City Council considered a communication from the Economic Development Director for Council consideration of a HO,NIE Investment Partnership Program Loan Agreement between the Redevelopment Agency and the Orange County Community Housing Corporation. Earlier in the meeting, the City Cierh had announced that the folioviing late communication on this item had been provided to the City Council. Slide show presentation dated February 22, 2000 from Director of Economic Development titled, Orange County Community Housing Corporation (OCCHC) Owner Participation Agreement. A motion was made by.Green, second Dettloff to approve the following recommended actions. City Council Action: Waive the City's insurance requirements for purposes of approving the Agency loan agreement only. Direct staff to ensure that the minimum insurance requirements are met by OCCHC by the close of escrow. Redevelopment Agency Actions: (1) Approve a loan agreement with Orange County Community Housing Corporation (OCCHC) for $600,000 in HOME Investment Partnership funds for the acquisition and rehabilitation of 17401 and 17432 Koledo Lane, and (2) Approve and authorize execution and recordation by the Agency Chairman and Cleric of the entire loan agreement and all attachments after execution by OCCHC, and when advised by the City Attorney's Office, and (3) Authorize the transfer (by Wire, if necessary) of Agency funds in the amount necessary to First American Title Company (Escrow No. 9953311 M and No. 9953310M) to effect the closing of the acquisition escrow. Economic Development Director Biggs presented a staff report. The motion made by Green, second Dettloff carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (CITY COUNCIL) APPROVED AND AUTHORIZED EXECUTION OF A PROFESSIONAL SERVICES CONTRACT WITfi IBI GROUP TO CONDUCT THE WEST ORANGE COUNTY CITIES ASSOCIATION RAIL FEASIBILITY AND ALIGNMENT STUDY (600.10) The City Council considered a communication from the Director of Public Works recommending that the City enter into a contract with 161 Group, a professional transportation planning consultant firm to conduct the Rail Feasibility and Alignment Study for the West Orange County Cities Association. Page 26 - Council -Agency Minutes — February 22, 2000 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 dated February 22, 2000 from Director Of Public Works titled, West Orange County Cities Association Rail Feasibility & Alignment Study. Tom Brohard, Junior Engineer, Public Works, presented a slide report. A motion was made by Sullivan, second Dettloff to approve and authorize execution of the Professional Services Contract Between the City of Huntington Beach and the IBI Group for a Rail Feasibility and Alignment Study for the West Orange County Cities. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (CITY COUNCIL) ADOPTED ORDINANCE NO.3454 — ZONING MAP AMENDMENT 98-3 — (150) ACRE SITE) PALM-PCH-SEAPOINT-GOLDENWEST -- PLC LAND COMPANY (INCLUDES AERA PROPERTY) (640.10) A motion was made by Green, second Sullivan to adopt Ordinance No. 3454 after the City Clerk reads by title - "An Ordinance of the City of Huntington Beach Amending the Zoning Map of the Huntington Beach Zoning and Subdivision Ordinance for the Real Property Bounded by Palm Avenue and Pacific Coast Highway and Goldenwest and Seapoint Streets, with Approximately Four of Those Acres Located on the West Side of Seapoint to Change the Zoning Designation from High Density Residential with an Oil and Coastal Overlay (RH-O-C), General Commercial with an Oil and Coastal Overlay (CG-0-CZ), General Industrial with an Oil and Coastal Overlay (iG-O-CZ) and General industrial with an Oil Production and Coastal Overlay (iG-01-CZ) to SP-12 (Palm-Goldenwest Specific Plan) (Zoning Map Amendment No. 98-3)." (Includes the Aera property and requires a 40 foot structural setback.) The motion carried by the following roll call vote: AYES: Julien, Sullivan Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (CITY COUNCIL) STAFF REQUESTED TO PREPARE REPORT TO CITY COUNCIL REGARDING ALTERNATE SIDE STREET SWEEPING IN ANY AREA OF THE CITY TYPICAL OF THE DOWNTOWN AREA WHICH HAS ALLEY ACCESS TO GARAGES (120.90) The City Council considered a communication from Councilmember Julien which had been announced earlier in the meeting by the City Clerk during Late Communications titled "H"Item for the February 22, 2000 City Council Meeting Street Sweeping. The communication recommends that staff prepare a report to City Council regarding alternate side street sweeping in any area of the city typical of the downtown area which has alley access to garages. Councilmember Julien presented reasons why she had placed this item on the agenda. A motion was made Julien, second Sullivan to direct staff to prepare a report on feasibility of alternate side street sweeping in any area of the city typical of the downtown area which has alley access to garages. The motion carried by unanimous vote. Page 27— Council -Agency Minutes — February 22, 2000 ATTACI SENT NO.3 (Staffs Alternative Motion) SUGGESTED FINDINGS AND CONTDITIONS OF APPROVAL FOR SUGGESTEb FII4'DZIy'GS FOR PROJECTS SUBJECT TC? CEQA: The Planning Commission finds that the project is covered by Environmental Impact Report No. 89-6 and will comply with all applicable mitigation measures and will not have any significant effect on the environment. SUGGESTED FINDINGS FOR APPROVAL -CONDITIONAL USE PERIMIT NO.98-37: I. Conditional Use Permit No. 98-37 for the establishment, maintenance and operation of the following: a. 117 Main Street: 1) Exterior and interior remodel of the I:t and 2"a floor; 2) Establish a restaurantfbanquet facility with outdoor patio dining and' alcohol service on the 2"d floor. b. 119 Main Street: 1) Exterior and interior remodel of the I n floor; 2) Construct anew 2"d floor for retail or office use; 3) Abandonment.of three (3) feet of alley on the west side. c. 1.211YIain Street: 1) Exterior and interior remodel of the V floor; 2) Construct a new 2"' floor for office use. d. 123 Main Street: 1) Demolish the existing building and construct a new two-story building with retail on the In floor and office on the 2"d floor. will not be detrimental to the general welfare of persons working or residing in the vicinity'or detrimental to the value of the property and improvements in the neighborhood. The project as proposed and modified by the conditions imposed, will improve a visually degraded site and will enhance the appearance of the general area based on the proposed integrated development with a common facade design incorporating all four properties for a cohesive appearance. The project is consistent with the Downtown Specific Plan and the Design Guidelines and will add to the Mediterranean and pedestrian character of the downtown. Adequate parkin_ g for the project is Provided within the Downtown Parking Master Plan. Page 28 — Council -Agency Minutes February 22, 2000 2. The conditional use permit will be compatible Ntiith surrounding uses because the proposed construction and Visitor Serving Commercial uses are an extension of the existing character of the downtown, It will include retail and other uses that brill add to the vitality and pedestrian orientation envisioned for the do«mtown. 3. The conditional use permit, as modified by the conditions imposed, will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located, except for any special permits approved concurrently. The project complies ti%ith all minimum development standards including lot size, building height, setbacks, floor area, and parking. 4. The granting of the conditional use permit vvill not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use Vertical on the subject property. In addition, it is consistent ►.with the following goals and policies of the General Plan: a. GoEI al L8: Achieve a pattern of land uses that preserves, enhances, and establishes a distinct identity for the City's neighborhoods, corridors, and centers. b. Ob 'ective LU 10.1.- Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. C. Policy LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. d. POlicv 11.1 7• Require that mixed -use development projects be designed to achieve a consistent and high quality character, including the consideration of architectural treatment of building elevations to convey the visual character of multiple building volumes and individual storefronts. C. Pow LU 1 S.2 2- Require that structures located in the pedestrian overlay zone be sited and designed to enhance pedestrian activity along the sidewalks, in consideration of the follo-wing guidelines: I - Incorporation of uses that stimulate pedestrian activity in the first floor along the street frontage, encouraging professional offices, data computing, and other similar uses to be located in the rear or above the first floor unless economically infeasible; 2. Siting of the linear frontage of the building along the front yard property line to miaintain a "building wall" character, except for areas contiguous with the structure use for outdoor dining or courtyards; 3, Assurance that areas between building storefronts and public sidewalks are visually and Physically accessible to pedestrians, except as may be required for landscape and security; 4. Extensive articulation of the building facade and use of multiple building volumes and planes. Page 29— Council -Agency Minutes — February'22, 2000 5. Incorporation of landscape and other elements such as planted beds, planters, and window boxes that visually distinguish the site and structure; 6. Incorporation of arcades, courtyards, and other recesses along the street elevation to provide visual relief and interest; 7. Use of roofline and height variation to brea!< up the massing and provide visual interest; 8. Visual differentiation of upper and lower floors; 9. Distinct treatment of building entrances; and 10. Use of pedestrian -oriented signage. f. Ob}ective ED 2.6• Expand and enhance the existma visitor serving uses. g. Policy ED 3.2.3. Attract visitor -serving uses near the beach in order to create better linkages- behveea the beach and visitor supporting retail uses. h. Policy S: Protect, encourage, and where feasible provide visitor -serving facilities in the coastal zone which are varied in type and price. i. Policy 7 Improve the appearance of visually degraded areas. The project is an extension of other similar uses found in the downtown with visitor servicing commercial uses located on the ? floor, and office or other commercial uses located on the 2"d floor. The project as modified by the conditions of approval will provide a pedestrian oriented design and conform to the Downtown Design Guidelines. SUGGESTED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.98-12: I. Coastal Development Permit No. 98-12 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The project is consistent with the General Plan Land Use Element designation of Mixed -Use Vertical. The project will comply with the Downtown Specific Plan— District 3 (Visitor Serving Commercial) because the proposed uses, particularly on the first floor will add to the variety of Visitor Serving Commercial uses and will further the pedestrian oriented objective for the downtown. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code, The project, as modified by conditions, will conform to all development standards including setbacks, height: and parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure currently exist on the subject site and will be modified as needed to conform to the City's current standards. 4. The development conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act. The development will not impact any public access and recreation Opportunities. Page 30 — Council -Agency Minutes February 22, 2000 SUGGESTED FItti'DINGS FOR APPROVAL --SPECIAL PERMIT NO.99-1: (7 feet setback for and Td sto The requested special permit to allow a seven (7) feet build -to -line in lieu of the required five (5) feet along Main Street promotes a better living environment. There are significantly greater benelits to be provided from the project than would occur if all the minimum requirements were met. The special Permit allows for greater setbacks to be consistent with that approved on the adjacent Ocearniew Promenade Development at the northwest corner ofPCH and Main. This provides a more consistent "building wall" and allows for a wider sidewalk for improved pedestrian circulation and outdoor dining opportunities, 2. The special permit provides better, land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout, and design. The special permit will allow for a site layout consistent with other new construction in the area. 3. The special permit will not be detrimental to the general health, welfare, safety and convenience of the neighborhood or City in general, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general because it will allow for a wider pedestrian passageway consistent with the adjacent development which furthers the goal of pedestrian -oriented development in the downtown. 4. The special permit is consistent with the objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment. The nodified project does not block views and provides setbacks consistent with new construction in District 3 of the Downtown Specific Plan. 5. The special permit is consistent with the policies of the Coastal Element of the City's General Plan and the California Coastal Act because it will not impact any public access or recreation opportunities and will provide better pedestrian circulation with a wider sidewalk. SUGGESTED FINDINGS FOR DENIAL -- SPECIAL PERMIT NO 99 2- (2 feet setback for V sto • 1. The requested special permit to allow the 2' d floor balcony for all four buildings at a setback of two (2) feet in lieu of the required five (5) feet build -to -line along Main Street does not promote a better living environment. There are no significantly greater benefits to be provided from the project than would occur if all the minimum requirements were met. The special permit will allow the 2°1 floor balconies to encroach into the required five (5) feet build -to -line which will not be consistent with the setback approved on the adjacent Oceanview Promenade Development at the northwest corner of PCH and Main. It will not maintain the retail facade, and visual and pedestrian corridor established and envisioned for District 3 of the Downtown Specific Plan. 2- The special permit does not provide better land planning techniques with rnaxi mum use of aesthetically pleasing types of architecture, landscaping, site layout, and design. The special permit Page 31— Council -Agency Minutes — February 22, 2000 will not provide for a site layout consistent with other new construction in the area which do not have balconies encroaching into the required build -to -line. 1t «ill not maintain view corridors to the ocean which would have been achieved with a consistent setback along the first block of Main Street. 3. The special permit will be detrimental to the general health, welfare, safety and convenience of the neighborhood or City in general, and detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general because it will not maintain a "building wall" that is consistent with the adjacent development. 4. The special permit is inconsistent with the objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment. The. .modified project will not include setbacks consistent «ith new construction in District 3 of the Downtown Specific Plan which would have provided an adequate visual and pedestrian corridor. SUGGESTED CONDITIONS OF APPROVAL — CO\'DITIOti'AL USE PEFb1�IIT NO.98-37, COASTAL DEVELOPMENT PERMIT NO.98-12. AND SPECIAL PERNaT NO. 99 2: 1. The site plan, floor plans and elevations received and dated November 29, 1999 shall be the conceptually approved layout with the following modifications (applicable to all four buildings) subject to the review and approval of the Planning Department: a. Elevations shall depict colors and building materials as approved by the Design Review Board. b. The rear stairwells shall be visible from the alley to the approval of the Police Department. (PD) c. A minimum of one foot candle of light shall be provided along the rear of the buildings to the approval of the Police Department. (PD) d. Potted plants shall be added to the front and rear of the buildings. (DRB) e. The City shall implement consistency of similar hardscape and landscape on both sides of Main Street. (Mitigation Measure) f. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) g. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the Page 32 -- Council -Agency Minutes February 22, 2000 building, a rooftop mechanical equipment plan shoving screening must be submitted for review and approval with the application for building perrnit(s). (Code Requirement) h. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. A seven (7) feet build -to -line shall be provided along Main Street for all four properties on both the V and 2"' floor. j. Historic plaques shall be incorporated and the materials from the existing buildings shall be incorporated to the greatest extent possible. k- The public open space requirement for the project shall be provided along Main Street in a central location on the ground floor. This open space must be designed such that the public can access it Without walking through any tenant space. 1. The project shall be referred back to the Planning Director for final review in consultation -with the City's Urban. Design Consultant for compliance with the Design Guidelines and the outlined recornmendations. rn. Include Design Guidelines recommendations for varied and offset rooflines, pedestrian orientation by including a plaza or courtyard, enhanced facade treatments at the street level by including greater architectural detail for visual interest, window treatments such as multi -paned windows with the borders, and accented entries that are omate and detailed. 2. Prior to issuance of demolition perrnits,.the following shall be completed: a• The applicant shall follow all procedural requirements and regulations of the South Coast .Air Quality Management District (SCAQTMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCBs. These requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and Proper notification to any and all involved agencies. b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. c, The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. Page 33— Council -Agency Minutes — February 22, 2000 d. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the ?Notification procedures have been completed. e. All asbestos shall be removed from all buildings prior to demolition of any portion of any building. , f. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of the existing structures shall be submitted to the Department of Public Works and approved by the Director of public Works. g. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. s h. An adequate monitoring and/or bonding program shall be established between the City and Property owners to ensure that demolition and construction vibration impacts do not adversely affect offsite structures. (Rl�itigation Measure) i. All facets of the project related to historic preservation shall be reviewed and approved by the City of Huntington Beach. (Mitigation Measure) j. The applicant shall provide 45 days written notice to the City of Huntington Beach Historic Resources Board Informing them of such activity. The Board may relocate, fully document and/or Preserve significant architectural elements. The applicant/property owner shall not incur any costs associated with moving or documenting the structure by the Board. (Mitigation Measure) k. Comprehensive documentation of the project site, as it currently exists, shall be prepared prior to the issuance of any building, grading, and/or demolition permits. The documentation shall be in accordance with standards established by the Historical American Buildings Survey/Historical American Engineering Records (HABSfMAER). The report shall be archivally maintained with provisions for public access. The costs associated with preparation and maintenance of the documentation shall be the responsibility of the Huntington Beach Redevelopment Agency. (Mitigation Measure) 1. Pursuant to Section 65590 of the California Government Code, the applicant shall submit a plan for replacement of any existing residential units occupied by persons and families of low or moderate income that are converted or demolished as a result of this project for review and approval by the Planning Department. 3. Prior to issuance of grading permits, the following shall be completed: a• A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) Page 34 — GOuncii-Agency Minutes February 22, 2000 b. The nacre and phone number of a field supervisor who is on -site shall be submitted to the PIa--aning Department and Public Works Department. In addition, clearly visible signs shall be posted on the Perimeter of the site indicating whom to contact for information regarding this development 2--id any construction/grading activity. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/she Nsill be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. c. A project -specific soils and engineering report shall be prepared by a qualified soils engineer based on a detailed plan of the project. All recommendations of this report shall be. incorporated into the project. (Mitigation Measure) d. Apre-grading meeting shall be arranged to discuss the recommendations of the soil investigation and project requirements. Representatives of all concerned parties shall be present. (Mitigation Measure) e. It shall be the responsibility of the owner and/or contractor to: bring to the attention of a certified soils engineer any unusual conditions which may be encountered in the course of project development and to request appropriate guidance before proceeding with the affected work, Lid to ensure that the recommendations of the soil report and any supplemental reports are implementer (Mitigation Measure) f. The applicant shall provide documentation of existing structural conditions in the vicinity of tine proposed project and the estimated extent and impact of subsidence on surrounding structures and Other improvements, to the satisfaction of the Building Department. (Mitigation Measure) g. Should groundwater be found during excavation, dew•atering of the project site shall be required. The applicant shall monitor the extent of subsidence and its associated impacts through placement Of appropriate testing devices under the supervision and surveillance of a qualified soil engineer. The City shall be kept informed regarding any structural impacts on adjacent properties and other improvements, and if feasible and necessary, construction process will be modified to eliminate such impacts. (Mitigations Measure) 4- Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and Plumbing) and shall be referenced in the index. b. This project shall be submitted as one plan check submittal to include all four properties (117,1I9, 121, 123 Main Street) to assure that all four properties are developed as one integrated project as Presented on the approved plans and rendering. - c. All Fire Department requirements shall be noted on the building plans. (FD) Page 35— Council -Agency Minutes — February 22, 2000 d. GradLng and foundation plans, when available and prior to approval, shall be transmitted to a qualified soils engineer for review for compliance with their recommendations. [iVlitigation Measure) e. All structures shall be designed in accordance with the seismic design provisions of the Uniform Building Codes to promote safety in the event of an earthquake. (Mitigation Measure) 5. Prior to issuance of building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition-NOA for review',nnd approval and inclusion in the entitlement file to the Planning Department; and submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model to the Planning Department for inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan;.a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance v ith Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. (PNV) (Code Requirement) c. An interim parking and/or building materials storage plan shall be submitted to the Planning - Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the projecCs construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works.: d. Dedicate the following to the City of Huntington Beach: (PNV)(Code Requirement) 1. 4 feet along the front of all four properties along Main Street 2. 4.5 feet along the rear of 117,121, and 123 Main Street along the alley e. The alley abandonment for 119 Main Street shall be approved by the City Council. f A grading plan., prepared by a Registered Engineer, shall be submitted to the Department of Public Works for review and approval. This plan, in addition to grading, shall include all of the required off -site improvements. g. The Departments of Planning and Public Works shall approve a detailed lighting plan. The plan shall be consistent with the Downtown lighting plan and lighting standards in the Downtown Design Guidelines. Outdoor lighting shall utilize energy -saving lamps. All outside lighting shall Page 36 — Council -Agency Minutes February 22, 2000 be directed to prevent "spill -over" onto adjacent properties and shall be shown on the site plan and elevations. Lighting shall be capable of being dinuned to a minimurn security Ievel during of hours of non -operation of the facility. (Mitigation Measure) (Plaaning) (PNY) h. A sign and landscape plan shall be submitted to the Design Review Board for review and approval. The Iocation and type of all signs shall conform to the provisions of the Huntington Beach Zoning and Subdivision Ordinance and be consistent with the standards listed on page 33 of the Downtown Design Guidelines. (Mitigation Measure) The applicant shall enter into a Maintenance Agreement with the City for maintenance of all portions of public property along the project site. j. Elevations shall show all roofing materials to be characteristic of Mediterranean architecture. Flat roofs shall be avoided. Walls shaII be integrated with the overall building design. Solid concrete block walls, grape stake, or chain link fencing shall not be permitted. (Mitigation Measure) 6. Phased or individual construction of buildings is prohibited and all four buildings shall be demolished at the same time. Construction and improvements for all four buildings shall be done simultaneously as approved by Conditional Use Permit No. 98-37,.Coastal Development permit No. 98-12, and , Special Permit No. 99-1. All conditions of approval shall be applicable to all four buildings and shall be complied with. 7. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep darnp enough to prevent dust raised when leaving the site: b. 'met down areas in the late morning and after work is completed for the day; c. Use tow sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); ' e. Discontinue construction during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction! grading activity. 8. Prior to final building permit inspection and approval and issuance of a Certificate of occupancy for any of the four buildings, the following shall be completed: Page 37— Council -Agency Minutes — Februar}'12, 2000 a. All improvements to'all four properties shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Landscaping. 2) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 3) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop draviings will be submitted to and approved by the Fire Department prior to installation. The. system will provide the following: a• manual pull stations; b. water flow, valve tamper and trouble detection; c. 24 hour supervision; d. annunciation; e. audible alarms; f. smoke detectors (FD) 4) Address numbers will be installed to comply with City Specification No. 428. The numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-112) inches. (FD) 5) Exit signs and exit path markings«zll be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) 6) An automatic fire sprinkler system shall be approved and installed throughout pursuant to Fire Department regulations. Shop drav�ings shall be submitted and approved by the Fire Department prior to system installation. The buildings will be considered as one unit. (FD) 7) Submit a Fire Protection Plan for Fire Department approval in compliance with City Specification 428. (FD) 8) If elevators are installed, they shall be sized to accommodate an ambulance gamey. The minimum dimensions are 6'8" wide by 4'3" deep with a 42-inch minimurn right or left side opening. Center opening doors require a 54-inch depth. (FD) 9) Construct new sewer lateral to each building unless the existing lateral is proven to be in good condition to the satisfaction of the City inspector. (PNV 10) The sewer service lateral size shall be 6" min. (PW) 11) If the existing 2" domestic meter and service lateral serving the building at 117 Main Street meets the minimum requirements set by the Uniform. Plumbing Code (UPC) and the uniform Fire Code (C1FC), then it may be used to serve the development at this address. (PW) 12) The existing service to 121 Main Street currently being served from 119 Main Street service shall be abandoned, per City Standards. (PW) 13) The existing 3/ inch water meter and service for the building at 123 Main Street. shall be abandoned to the main line. (PNV 14) Each of the buildings proposed at 119,121 and 123 Main Street shall have new separate domestic water services with (touch read type) meters and backflow protection devices. The water service laterals and meter size shall meet the minimum requirements set by the Uniform Plumbing Code (UPC) and Uniform Fire Code WC), but shall be a minimum of inches in size. (PAY) Page 38 — Council -Agency Minutes February 22, 2000 1 5) If the Fire Department requires that a separate fire service is to be constructed, it shall have a separate backflow device. (PNV) 16) Remove and replace the existing sidewalk, per the Downtown Specific Plan, adjacent to project (Main Street). (PNV) 17) Remove the existing curb and construct new curb and gutter adjacent to project (Main Street). (PNV) 18) Install one street light along property frontage in a location compatible vyith the Public Works street lighting plan for Main Street. (PNV) 19) Remove and replace any deteriorated portion of east side of alley. Grind and cap east one- half (112) alley. (PNV) 20) The applicant shall underground all new and existing electrical, telephone and cable.TV service connections. (PNV) 21) The existing angled parking is to remain or the in -lieu parking, fee shall be paid for each parking space lost. (PNV) 22) The developer shall submit a composite utility plan, showing existing public water system facilities and all other underground utilities (existing and proposed) to each structure. (PNV) 23) The applicant shall install public improvements pursuant to City Council adopted Main Street improvement plans. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. All building spoils, such as unusable lumber, ,Nrire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. d. Existing fill materials and disturbed, loose soils shall be removed and replaced with component material as required by qualified soils engineer. Site preparation, excavation, and earthwork compaction operations shall be performed under the observation and testing of a soil engineer. Certification of such reports, shall be submitted to the City Engineer prior to issuance of building permits. (Mitigation Measure) 9- The project shall comply with the following: a. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Manning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. b. The City and individual landowners shall meet with residential and business tenants to explain conversion process and relocation assistance. (Mitigation Measure) c. The City and individual landowners shall assist in the relocation of persons affected by this redevelopment project. (Mitigation Measure) Page 39— Council -Agency Minutes — February 22, 2000 d. The applicant shall provide a relocation coordinator who will provide general relocation assistance to all tenants. Availability of such a relocation assistant shall be to the approval of the City Council and shall be incorporated into the Relocation Assistance Program required by Article 927 of the Municipal Code. (litigation Measure) e. The project shall implement mitigation measures included in Downtown Specific Plan EIR. 82-2. (Mitigation Measure) f. The applicant shall provide relocation assistance to all displace businesses in accordance with the State Guidelines of Title 25, Chapter 6. This assistance will include information on the availability of other suitable sites, as well as payments to cover moving expenses andlorlthe loss of income including: the cost of the physical move; the cost of anything rendered useless as a consequence of the "Move (i.e. business cards, etc.); the cost of physical improvements. (Mitigation Measure) 10. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. 1NF0Rs'"+'IATION ON SPECIFIC CODE REQiJJ'REMENTS• 1. Conditional Use Permit No. 98 317, Coastal Development Permit No. 98-12, and Special Permit No. 99-1 shall not become effective until the ten working day appeal period has elapsed. 2. Conditional Use Permit No. 98-37, Coastal Development Permit No. 98-12, and Special Permit No. 99-1 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning'Commission reserves the right to revoke Conditional Use Permit No. 98-37, Coastal Development Permit No. 98-12, and Special Permit No. 99-1, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable Public Works fees shall be paid. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. Page 40 — Council -Agency Minutes February 22, 2000 6. Construction shall be'liinited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the Count- of Orange and submitted to the Planning Department A ithin two (2) days of the Planning Commission's action. 8. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. 9. All signs shall conform to the HBZSO and Downtown Design Guidelines. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 10. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (P`N� 11. State -mandated school impact fees shall be paid prior to issuance of building permits. 12. Prior to issuance of Building Permits for new construction in the Downtown Specific Plan (SP-5) area, a Downtown Specific Plan fee shall be paid. 13. An encroachment permit shall be required for all work v ithin the right-of-way. (PV) 14. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 1.5. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building: 16. Live entertainment and dancing for any tither suite other than the 1 floor of 117 Main Street shall require separate entitlement. February 22, 2000 - Council -Agency Minutes - Page 49 ADJOURNMENT - CRY COUNCIL -REDEVELOPMENT AGENCY A motion was made to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. The next regular meetings are scheduled for Monday, March B, 2000, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City Clerk and ex-officio Clerk of th City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: Cz)� M Na Amao>e _Z�ro� 4Y4-'Joi�' . - City Clerk -Clerk Mayor -Chairman CITY OF HUNTINGTON BEACH 20W MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALL FOR SPECIAL MEETING CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH TUESDAY, FEBRUARY 22, 2000 Dave Garofalo, Mayor/Chairman Pam Julien, Council/Agency Member Dave Sullivan, Council/Agency Member Tom Harman, Council/Agency Member Peter Green, Council/Agency Member Shirley Dettloff, Council/Agency Member Ralph Bauer, Council/Agency Member CALIFOftNIA 92648 You are hereby notified that a Special Meeting of the Huntington Beach City Council and Redevelopment Agency of the City of Huntington Beach, California, is called for and will be held Tuesday, February 22, 2000 at the hour of 4:30 p.m, at City Hall, 2000 Main Street, Huntington Beach, CA 92648 in the Lower Level. The meeting will be held for the purpose of allowing additional time to meet in closed session to consider the following items: (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. PERS - Orange County Superior Court Case No. 77 99 58, Subject: City of Huntington Beach. v. PERS. (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 Brindle/Thomas v. City of Huntington Beach — Orange County Superior Court Case No. 75 02 03. Subject: Brindle/Thomas v. City of Huntington Beach. (120.80) G: Procedu r\Notices\Special. d oc 1 Telephone: 714-536-5227) (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, SCLEA and Non -Associated. (120.80) Dated: February 18, 2000 ATTEST: City ler C er J a_k— . Mayor/Chairman hereby certify that I received the above notice, "Call of Special Meeting of the Huntington Beach City Council/Redevelopment Agency," prior to 4:30 p.m. Sunday, October 17, 1999. CZ268Q�dLk—_ Mayor/Chairman G: Procedur\Notices\Special.doc