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HomeMy WebLinkAbout2000-03-06MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, March 6, 2000 An audiotape of the 5:00 p.m. portion of this meeting and a videotape of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. CALL TO ORDER Mayor Garofalo called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. ROLL CALL Present: Sullivan, Garofalo, Dettloff, Bauer (Harman arrived at 5:08 p.m., Green arrived at 5:10 p.m.) Absent: Julien MOTION TO RECESS TO CLOSED SESSION A motion was made by Dettloff, second Sullilvan to recess to Closed Session on the following items: The motion carried by unanimous vote with Councilmember Julien, Green, and Harman recorded absent. City Attorney's revised closed session notice correcting the court case number of HBPOA vs City had been .pr9vikq to;the City Clerk. (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: POA and SCLEA. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation, which has been initiated formally and to which the city is a party. The title of the litigation is Huntington Beach Police Officers Assn. v. City of Huntington Beach. — Orange County Superior Court Case No. 81 15 19. Subject: Huntington Beach Police Officers Association v. City of Huntington Beach. (120.80) March 6, 2000 - Council/Agency Minutes - Page 2 (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 Howard Jarvis Taxpayers Assn., et al., v. City of Huntington Beach, et al. - Orange County Superior Court Case No. 81 87 80. Subject: Howard Jarvis Taxpayers Assn., et al., v. City of Huntington Beach, et al. (120.80) (City Council) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is PLC, Inc. v. City of Huntington Beach, in re arbitration of the Holly Seacliff Development Agreement. Subject: PLC, INC. v. City of Huntington Beach. (120.80) (City Council) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Orange County v. Merril Lynch - United States Bankruptcy Court Case No. SA 94-22272 JR. Subject: Orange County v. Merrill Lynch. (120.80) (City Council) Closed Session - City Council pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation. (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of Potential Cases: 1. Subject: Pomerantz/Tabacco Fee Dispute. (120.80)' (City Council) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Huntington Beach Municipal Employees Assn. v. City of Huntington Beach. - Orange County Superior Court Case No. 80 69 72. Subject: Huntington Beach Municipal Employees Assn. v. City of Huntington Beach (120.80) RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING AT 7:00 P.M. NO ACTION WAS TAKEN IN CLOSED SESSION WHICH REQUIRED A REPORTING PURSUANT TO GOVERNMENT CODE §54957.1(a) (3) (B)). CSee- f,g J� CITY COUNCIL -REDEVELOPMENT AGENCY ROLL CALL Present: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer Absent: Julien FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony was presented by Huntington Beach Girl Scouts Community, representing all levels of Girl Scouting, Service Units 1, 2, 3, 4 and 6; Daisy Scouts Samantha Sewell, Troop 4 and Justine Koerts, Troop 1697; Brownie Scout Grace Varney, Troop 1040; Junior Scouts Sara Sewell, Troop 1624; Stephanie Sum, Troop 1624; Brittany Rachels, Troop 599; Kendall Luther, Troop 366; Lauren Moore, Troop 366; and Haley Battis, Troop 1183; Cadette Girl Scouts Talaya Rachels, Troop 2067 and Rhea Ellis-Anwyl, Troop 663; Senior Girl Scout Jessica Brackett, Solo Scout. Huntington Beach Girl Scout Liaison Linna Bernhard. March 6, 2000 - Council/Agency Minutes - Page 3 INVOCATION The invocation was offered by Reverend Peggy Price, Church of Religious Science, Huntington Beach. PRESENTATION — By Mayor Dave Garofalo and Police Chief Ron Lowenberg, Lt. Preston Linker, and Canine Officers, Erik Himert and his dog Joep; Jerry Abrahams and his dog, Sheky; Jeff Clausen and his dog Joeri; Tyler Hansen and his dog, Janse; commendations to Stephanie Taylor, founder of the Vest -a -Dog Program; her mother, Kathy Ryan; Rena Hewitt, Jana Herbert and Casey Donahue who donated money, and raised money to vest all four canines. These vests are both bullet-proof and stab -proof. PRESENTATION — By Mayor Dave Garofalo, Director of Public Works, Bob Beardsley, and Interim Deputy Director, Public Works Daryl Smith. Presentation of a plaque to The Church of Jesus Christ of Latter Day Saints presented by the President of the California Long Beach Mission, President Grant L. Pullan; his wife sister Charlene Pullan; and Church Elders Butterfield, Carver, Wangberg and O'Neal. This presentation is to recognize the more than 2,120 hours in volunteer hours sweeping sidewalks and removing litter from roadside planters. Ten to twelve volunteers work every Wednesday for four hours each in a designated area, which borders Pacific Coast Highway on the south, Brookhurst Street on the east, Beach Boulevard on the west and Garfield on the north. PRESENTATION — By Mayor Dave Garofalo to Mr. Monte Nitzkowski, former business owner in Huntington Beach and long time resident. Presentation of commendation for Mr. Nitzkowski's selection as an Assistant Water Polo Coach at the "Olympic 2000 Games" in Sydney, Australia. PRESENTATION — By Mayor Dave Garofalo to Judy Caward, Membership Development Director and Paula Coker, Community Relations Chair, Huntington Beach Community Girls Scouts, celebrating the 881h anniversary of Girl Scouts, U. S. A., proclaiming of the week of March 12, 2000 as "Girl Scout Week." EXPLORER SCOUT HONORED JONATHAN ROSEN Mayor Garofalo announced that Jonathan Rosen, Explorer Scout, and resident of the city, took top honors in the recent Explorer Scout event. PURSUANT TO THE BROWN ACT (OPEN MEETINGS ACT) THE CITY CLERK ANNOUNCES LATE COMMUNICATIONS RECEIVED BY HER OFFICE WHICH PERTAIN TO ITEMS ON THE AGENDA City Attorney's revised closed session notice correcting the court case number of HBPOA vs City. Communication from Mayor Garofalo dated March 2, 2000, requesting the election by the City Council of Councilmember Ralph Bauer to the Orange County Council of Governments (OCCOG). Communication titled, "H" Item for the March 6, 2000, City Council Meeting Appoint Council Member Bauer to OCCOG. Communication from Mayor Garofalo dated March 2, 2000, requesting a change in name of the Cable Television Committee to the Communications Sub -Committee of the City Council. Communication titled, "H" Item for the March 6, 2000, City Council Meeting Cable Television Committee. March 6, 2000 - Council/Agency Minutes - Page 4 Slide show presentation from the Library Services Department titled, Videoconferencing; pertaining to the Central Library's Facility Rentals Program and its videoconferencing services. Slide show presentation from the Department of Public Works titled Capital Project FY 1999-2000 and 2000-2001. PUBLIC COMMENTS CHUCK SCHEID addressed Council regarding the PERS (Public Employee Retirement System) issue and the City Attorney's salary as compared to the District Attorney's salary. TAMARA HAVILAND stated that she wished to publicly apologize to the Tate family as she never meant to hurt or embarrass anyone when she addressed Council regarding a neighborhood dispute of which she had not had all the facts. ALLEN HOSE addressed Council regarding the provisions of the United States Constitution as it pertains to Proposition 22 Limit on Marriage, Initiative Statue which he stated has been heavily funded by religious organizations. He stated he believes such money would have been better spent on society's ills. He requested that those present oppose Proposition 22. JEFF LE BOW presented reasons in opposition to Proposition 21 - Juvenile Crime Initiative Statute as he is concerned with the effects on young people who have a chance to turn their lives around and make a contribution to society. He stated that the cost will be enormous for Proposition 21 and the funds can be put to better use. Mr. Le Bow informed Council that youth crime is down. Mr. Le Bow also requested that voters vote "no" on Proposition 22 Limit on Marriage, Initiative Statue as it is a civil rights issue and also a biological issue. JOHN SCANDURA spoke in support of State Proposition 12 — Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. He presented the benefits of the proposition on parks, open spaces, facilities, and infrastructure to local agencies. He spoke on behalf of Proposition 13 — Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Bond Act. He stated that the benefit of Proposition 13 would be seen on flood control projects and the Santa Ana Watershed improvement. Mr. Scandura stated that funds would be made available for pollution problem solving which would help with the problem of our city beach closure which occurred last summer. DALE HOOVER presented an overhead which showed his reasons why a "yes" vote on Measure I which would rezone the closed Crest View School site to residential will maximize the school district's return on their assets. He reviewed a portion of the slide displaying his Measure I financial analysis. VIRGINIA SIMS spoke in opposition to Measure I which would rezone the closed Crest View School site to residential, stating reasons that Wal-Mart does not have to be union. She stated that the fights should be fought clean. Ms. Sims stated that she wants the taxes to stay here for the paramedics and firefighters. JERRY JONES stated that on his behalf and that of his wife he wished to urge a "yes" vote on Measure I which would rezone the closed Crest View school site to residential. He stated that he had checked the campaign statements of the City Councilmembers and the campaign statements were squeaky clean. March 6, 2000 - Council/Agency Minutes - Page 5 MARTY BELL expressed his opinion that the collective Parent Teachers' Association should not have taken a position on Measure I which would rezone the closed Crest View School site to residential. He stated that the two P. T. A. groups went contrary to advice given to them on the matter and did not call meetings for public participation. He presented reasons in favor of Measure I. ART AVILES applauded the work of the school district and requested all to vote against Measure I which would rezone the closed Crest View school site to residential. MIKE NELSON requested a "yes" vote on Measure I which would rezone the closed Crest View School site to residential. He stated reasons for his position including various actions of the school district and the huge amount of money contributed by Wal-Mart in opposition to Measure I. CASEY BREEN stated reasons why she opposed Measure I which would rezone the closed Crest View School site to residential. She stated that the matching state funds must be used within_ 18 months and can not be invested. She presented comparisons of the Wal-Mart project vs residential development. DONNA GRIFFITH distributed a document to Council. She stated that she would be voting "yes" on Measure I which would rezone the closed Crest View school site to residential as her mother had received a letter from the Mayor and some of the Councilmembers regarding Measure I. She stated her objections to the contents of the letter sent to the Emerald Cove residents and questioned if Council was implying that the tenants' services would be lowered. She stated that the city is the landlord of Emerald Cove and that this is a reason why the letter was unwarranted. Councilmember Sullivan read a portion of the letter referred to by Ms. Griffith and stated that the statements in the letter are absolutely false. Councilmember Sullivan stated that each Councilmember has stated that paramedic service in the city will always be at a high level. Councilmember Green expressed his strong opposition to the letter sent by some of the Councilmembers to residents. He spoke regarding projected revenue figures from Wal-Mart which he stated represents less than one-fourth of 1 % of the budget. He stated that he does not see how it can said that it will be a budget impact if one votes "yes" on Measure I which would rezone the closed Crest View school site to residential. THERESA ROBERTS informed Council that a "yes" vote on Measure I which would rezone the closed Crest View site to residential means more money for the schools and presented reasons. She stated that Crest View was zoned low density for years and it was voted by Council to rezone to commercial in 1998. ANNE JEAN SPIEGEL requested that Council consider voting "yes" on Measure I and J and also to vote for Councilmember Harman to be elected to the State Assembly. She presented reasons why she was voting in favor of Measure I which would rezone the closed Crest View School site to residential, including that the proposed Wal-Mart was being built so near to the cemetery. March 6, 2000 - Council/Agency Minutes - Page 6 ROBERT CRONK stated his opposition to the letter which four Councilmembers wrote in opposition to Measure I which would rezone the closed Crest View School site to residential. He informed Council that the State of California is considering revising its sales tax revenue procedure in order to distribute the revenue by population of cities. Councilmember Bauer stated that it is his understanding there is not support in the State Legislature for the legislation referred to by Mr. Cronk. DEBBIE JOSEPHSON urged a "yes" vote on Measure I which would rezone the closed Crest View School site to residential. She stated that a "yes" vote on Measure I is the best financial plan for the school district. Ms. Josephson spoke regarding newspaper articles on the subject. She stated that the Orange County Register newspaper has urged a "yes" vote on Measure I to rezone the Crest View school site to residential. MARVIN JOSEPHSON informed Council that the State of California Controller's Office is preparing legislation wherein the sales tax revenue would be distributed by population. DAN MOSS urged a "no" vote on Measure I which would rezone the closed Crest View School site to residential. He stated that he did not want to let loose of a property that will benefit the school district. CHRISTIE MC GEEIN asked why, if Wal-Mart had wished to make friends, had taken action to sue the city. KEITH DOOLEY stated that he does not believe his neighbors should be robbed of their home values and quality of life to benefit others. He urged approval of Measure I which would rezone the closed Crest View School site to residential. MARK PORTER, member of Huntington Beach Tomorrow Board of Directors, stated that their organization is aware that there are good intention people on both sides of the Measure I which would rezone the closed Crest View School site to residential. He stated that "big boxes" do not make good neighbors. Mr. Porter stated that the Wal-Mart located in Westminster has generated less income than expected. MARK SINGER informed Council that as a member of the Environmental Board he had reviewed many negative declarations. He stated that this area had been residential. He stated that Wal-Mart will take business away from other businesses in the city and should be built at another location. He informed Council that the strip joint going in on Beach Boulevard is going to determinately affect his neighborhood. Mr. Singer also expressed opposition to the single residential occupancy project planned near Ellis Avenue and questioned if it is for the low income workers that will be employed at the Hilton. PATRICIA YOUNG, representing Oceanview School District, displayed a chart relative to the Measure I which would rezone the closed Crest View School site to residential. She encouraged voters to vote "no" on Measure I. She spoke regarding the $7,000,000 dollars that has been spent to improve the district and referred to a district report on the issue. She stated that the school board and school district maintains and values their property. March 6, 2000 - Council/Agency Minutes - Page 7 PAM OGDON spoke in support of the Wal-Mart project, stating reasons due to the expected revenues and the needs of the school district. She stated that an income stream is needed for the schools. Ms. Ogdon stated that a bond measure would be needed other wise which would raise taxes if the Wal-Mart project is not approved. KATHLEEN BLYTHE stated that the people who are passing out flyers, putting out signs and making phone calls, in opposition to Measure I which would rezone the closed Crest View School site to residential, are volunteers and live in Huntington Beach. DONNA ALEXANDER urged a "no" vote on Measure I which would rezone the closed Crest View School site to residential. She stated she has given thousands of hours of volunteer work for the students. She spoke regarding the improvements which can be made to the school facilities if Measure I is defeated. CAMERON MALOTTE spoke regarding the positive effect that the Wal-Mart project will have on the city. He stated that there will be the possibility of building gymnasiums at the schools. Mr. Malotte spoke regarding the Wal-Mart built in the city of Brea which was at first opposed and now has had a positive effect in Brea. GORDON LANGSTON urged a "yes" vote on Measure I to rezone the closed Crest View School site to residential. He spoke regarding the reasons why he believes the site should be sold rather than leased. MARY LANGSTON presented reasons why she has already voted "yes" on Measure I to rezone the closed Crest View School site to residential. She informed Council that the lease will not bring enough money to the district. She stated that Council has approved what is not a full size Wal-Mart project. Ms. Langston stated that signal improvements have been made in other areas but signal improvements have never been made at Talbert Avenue and Beach Boulevard. MARK WILSON spoke in opposition to the Wal-Mart project, stating that he had visited the Wal-Mart in Westminster. He encouraged every voter to visit that Wal-Mart before voting on the measure. He questioned why there is a 155 conditions on the project if the area is suitable to go there in the first place. BARBARA BOSKOVICH informed Council that Crest View. United is composed of residents who reside throughout the city. She thanked those who had signed the petition in support of Measure I who donated their time, and to John Thomas who gave a gift of signs. She thanked many of her friends and family members. She urged a "yes" vote on Measure I which would rezone the closed Crest View School site to residential. JAMES TARWATER, Oceanview School District, stated that the facts have been twisted by the proponents of Measure I which would rezone the closed Crest View School site to, residential. He spoke regarding the trust the Oceanview School District has earned in the city. He spoke regarding the statements made by Measure I proponents which he believes are misleading. He urged a "no" vote on Measure I which would rezone the closed Crest View school site to residential. BOB TRAVER informed Council that he supports Measure I to rezone the closed Crest View School site to residential because he likes Wal-Mart as it serves his needs. He stated that the school district needs the money. March 6, 2000 - Council/Agency Minutes - Page 8 LEONARD CRANE thanked the League of Women Voters for holding the Measure I (closed Crest View School site rezone to residential) debate on television. He stated the need to sit down and talk regarding what is the city is going to do for youth facilities, particularly since an Eagle Hardware store is being built on a site in Huntington Beach previously used for school needs. ELIZABETH WILLIAMS presented reasons why she is voting "no" on Measure I which would rezone the closed Crest View School site to residential. She stated that as a principal she is to maintain a safe school and good education for the children. Ms. Williams stated that the proponents of Measure I are not concerned with the children. JOYCE RIDDELL informed Council that the Chamber of Commerce Board has taken the position of voting "no" on Measure I which would rezone the closed Crest View School site to residential. She informed Council that the funds will be able to be used to improve the schools without a tax increase and the revenue will not go to salaries. She spoke regarding the need for sales tax revenue. Ms. Riddell spoke regarding Wal-Mart charitable contributions made in other cities. RONI ELLIS stated she wished to dispel the myths of Measure I which would rezone the closed Crest View School site to residential, relative to state funding, reduction of residential property values, double paned windows and air conditioning in affected homes. She spoke regarding union participation in the campaign that is not grass roots participation. She stated that only about 50 homes would be affected by the Wal-Mart project. JUDY HOSKINSON spoke in opposition to Measure I to rezone the closed Crest View School site to residential. She spoke regarding the benefits to the school from the Wal-Mart project. Ms. Hoskinson spoke regarding improvements that the school district needs. JACK COOLS stated that the City Council and school district has made a poor choice to ram a "big box" project in their neighborhood. He stated that the closed school and the land can be put to a better use than that which is proposed. He stated that Wal-Mart can afford to buy property. Mr. Cools informed Council that these funds to be derived from the Wal-Mart project will only go to Oceanview School District. He questioned where the funds for maintenance have gone. MAUREEN SHRUBSOLE spoke in support of Measure I to rezone the closed Crest View School site to residential. She spoke regarding the improvement made to the Oceanview School District offices and questioned why the improvements were not made to the schools: Ms. Shrubsole stated that Huntington Beach needs more quality stores. She stated that there are 300 abandoned Wal-Mart stores in the country already. ED LAIRD urged a "no" vote on Measure I to rezone the closed Crest View School site to residential. He stated that no on Measure I signs have been removed and cut up in Huntington Beach. He made comments in opposition to Robert Cronk, and proponents of Measure I. He spoke regarding the Planning Commission's action taken on this project prior to being appealed to the City Council. March 6, 2000 - Council/Agency Minutes - Page 9 HOWARD SUBNICK stated his opposition to the campaign literature distributed by Councilmember Harman relative to Councilmember Harman's candidacy for State Assembly. Mr. Subnick also spoke in opposition to a "yes" vote on Measure I which would rezone the closed Crest View School site to residential. GAYLE O' CONNOR stated that every person that she sees at this meeting works for the school district. She stated that Mr. Laird was not on the Planning Commission when the vote on Wal-Mart was taken. She spoke regarding where some of the money to Crest View United is derived. Ms. O' Connor stated that the teachers have a union. She stated that this is about greed, money, and pride. She urged a "yes" vote on Measure I to rezone the closed Crest View School site to residential. DON MC GEE spoke in opposition to Measure I which would rezone the closed Crest View School site to residential, and spoke regarding the reasons for his opposition. He urged a "yes" vote on County Measure F Initiative to Require Two -Thirds Vote for Ratification of New or Expanded Jail, Hazardous Waste Landfill or Civilian Airport Project. He spoke in favor of Proposition 22 Limit on Marriages, Initiative Statute. ALLAN POGRUND informed Council that the Home Depot project has not hurt his property values at all. He spoke regarding his belief that more housing is not needed. He presented the benefits of the Wal-Mart project to the city including jobs. MICHAEL JONES spoke regarding the wealth of Wal-Mart and the amount of funds spent on the campaign by Wal-Mart. He stated that the proponents of Measure I to rezone the closed Crest View school site to residential, were a "grass root" group effort. SALLY ALVINO spoke in opposition to Measure I to rezone the closed Crest View School site to residential. She spoke regarding the city's desperate need for sales tax revenue. Ms. Alvino spoke regarding the unsuccessful efforts to pass a bond measure by the Huntington Beach School District. CAROLE ANN WALL stated that she planned to vote "no" on Measure I to rezone the closed Crest View School site to residential. She stated her respect for the school board and the City Council. Ms. Wall stated that she believes the condition imposed on the project are positive, citing the public art condition and no permanent outdoor sales and displays. LOU BAKER stated that his concern is the lack of planning by the Council. He stated that Wal-Mart will thrive almost anywhere. Mr. Baker stated that he believes the Crest View site is worth a lease of $60,000 per month. JIM PETERS stated that the Planning Commission and three Councilmember said no to Wal-Mart. He spoke regarding the support which Measure I to rezone the closed Crest View school site to residential proponents have received from the people all over the city. SALLIE DASHIELL stated that she, as a Huntington Beach High School District Board Trustee had voted against her board in support of the Oceanview School District's position. She stated that her vote in opposition was due to so many people throughout the city opposing the Wal- Mart project. She stated the aggressive campaign by Wal-Mart disturbs her. March 6, 2000 - Council/Agency Minutes - Page 10 CHUCK JOHNSON spoke in opposition to the Wal-Mart project stating that it is mostly school district employees in support of the project. JUDY CURREN stated that because of the rezoning of the Crest View site there is a nude bar moving in and a possible transient hotel to be placed in the area. She spoke regarding other areas in which Wal-Mart could locate. She questioned how anyone could turn down $27,000,000 in state funds. Ms. Curren spoke regarding her efforts expended in gathering signatures. KAREN CROFT urged a "no" vote on Measure I which would rezone the closed Crest View School site to residential. She informed Council that Wal-Mart will bring a significant amount of tax dollars to the city while allowing the school district to keep the property. BOB POLKOW informed Council that he had listened to Mr. Cronk's 911 call to the Police Department relative to the subject that he had spoken about at the last Council meeting (interference with campaign signs). JEAN POLKOW informed Council that Wal-Mart is to open in Lakewood very shortly. She informed Council that only two persons in Lakewood opposed the Wal-Mart at that city's Council meeting. She spoke regarding the festivities planned in Lakewood for the Wal-Martopening. DUANE COSBY stated that Lambert Park is using tax dollars and is not able to be used by the public. He stated that four elementary schools serve the city with each having their own school board. He spoke in support of unification of two or all of the districts, stating that it would save taxpayer monies. He spoke regarding the city employees who earn in excess of $100,000 per year. He spoke in opposition to the 106 unit single residential occupancy project planned near Ellis Avenue which he does not believe will be rented by nurses and other such persons. PAM WALKER displayed an overhead titled Why You Should Vote "No" on Measure 1. She spoke in support of the proposed lease between Wal-Mart and the school district. She presented reasons why she believes Councilmember Harman and Councilmember Sullivan were "grand standing" in support of the proponents. CHUCK OSTERLUND continued with the overhead slide report presented by Ms. Walker. He listed reasons in opposition to Measure I which would rezone the closed Crest View School site to residential including the need for improvements to the school district. He questioned why Barbara Boskovich did not thank the union when she was thanking the people who support Measure I. TRACY PELLMAN thanked Council for support of the children of the city with their "no" vote on Measure I which would rezone the closed Crest View School site to residential. CONNIE BOARDMAN stated that all the school district has to do is send projects out to bid in 18 months, that they do not have to have projects approved. She stated this information came from the State of California. She spoke regarding the amount of money spent by the school district, and the subject matching funds by the state. She urged a "yes" vote on Measure I to rezone the closed Crest View School site to residential. March 6, 2000 - Council/Agency Minutes - Page 11 CRAIG CARTER spoke in favor of a "yes" vote on Measure I to rezone the Crest View school site to residential. He rebutted Ed Laird's comments made earlier in the meeting. He stated that school superintendent Tarwater did not understand state matching funds. He stated that state representatives have informed him that the funds do not have to spent in 18 months and interest can be made on the money and that it can be kept. Mr. Carter stated that in his opinion it would be financially irresponsible for the school not to have the state funds. RON DAVIS informed Council that he has met a lot of fine people on both sides of this issue. He stated his distrust over what has happened during the last three hours of this Council meeting. JIM MARTIN stated that he believes it is very important to have commercial development in the city. He stated that Wal-Mart would have a lot of supplies available in event of an earthquake. Mr. Martin stated that jobs would be provided by the Wal-Mart project. (CITY COUNCIL) FIRST OF A SERIES OF LANDSCAPE IMPROVEMENTS — PEARCE & BOLSA CHI CA STREETS (160.10) The City Council considered a communication from the Department of Public Works reporting the completion of the first of a series of undeveloped, unlandscaped properties in various areas of the city. Volunteers from the Church of Jesus Christ of Latter Day Saints landscaped the area at Pearce Street and Bolsa Chica Street on February 9, 2000. Tom Jesch, local resident and owner of Design II Nursery created the design. Labor and irrigation were coordinated by the Public Works Department, Park, Tree and Landscape Division staff members, Rudy Martinez, Crewleader; Rick Ayers, Leadworker; and Mark Adams, Certified Arborist. Water Division staff, under the supervision of Rick Olson, installed the water service. The Council thanked staff for the report. REQUEST BY MAYOR GAROFALO FOR WALKING TOUR OF LAMBERT PARK Mayor Garofalo stated that he would like to take a tour with the Public Works Department and walk Lambert Park. (CITY COUNCIL) REPORT RECEIVED REGARDING UPDATE ON CAPITAL PROJECTS UNDERWAY AND IN PLANNING, INCLUDING WATER CAPITAL PROJECTS AND WATER MASTER PLAN STATUS (160.10) A presentation was made by Public Works Director Bob Beardsley. Mr. Beardsley reviewed the slide show presentation prepared by his department titled Capital projects Update and matrix titled Public Works Capital Projects FYH 99-00 and 2000-01 which was announced earlier in the meeting by the City Clerk during late communications. March 6, 2000 - Council/Agency Minutes - Page 12 CITY COUNCIL) PUBLIC HEARING TO CONSIDER AMENDING THE FEES FOR THE CENTRAL LIBRARY FACILITY RENTALS PROGRAM AND ESTABLISH VIDEO- CONFERENCING FEES — BEGINNING FISCAL YEAR 1999/2000 — APPROVE ADOPTION OF RESOLUTION NO.2000-25 (340.20) Mayor Garofalo announced this was the time for a public hearing for the purpose of amending the city fee resolution by amending the 1999/2000 fees for the Library Services Department, specifically, increasing the fee in conjunction with expansion of the Central Library. The City Council approved the establishment of a special enterprise fund titled Library Service Fund to assist with financing the expansion. Revenues derived from room and theater rentals are placed into the Library Service Fund. The Central Library and Cultural Center's facility rental program has grown significantly over the past six years. The generated revenue has increased from $41,613 to $257,269 in FY98/99, a 600% increase. Due to the increased use, and to assist in maintaining the rental facilities, staff is recommending an increase in the room rates. Generally, the increases range from $5 to $30 an hour. Staff is recommending these increases based on surveying rates from similar facilities outside of Huntington Beach. In addition to the room rate increases, staff is recommending an increase on equipment rental fees and establishing new fees for room equipment rentals. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: Slide show presentation from the Library Services Department titled, Videoconferencing; pertaining to the Central Library's Facility Rentals Program and its videoconferencing services. Mayor Garofalo declared the hearing open. There being no persons present to speak on the matter and there being no protest filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Dettloff, second Green to approve the following recommended action: Adopt Resolution No. 2000-25 amending the City's Fee Resolution pertaining to the Library Services Department fees for 1999/2000 — "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 5159 Entitled, A Resolution of the City Council of the City of Huntington Beach Establishing a City Fee Schedule as to Services, Facilities and Activities Offered Under the Library Services Department (Supplemental Fee Resolution No 74). March 6, 2000 - Council/Agency Minutes - Page 13 Mayor Pro Tern Harman questioned how GTE had been selected as a vendor. Jan Halvorsen, Library Services Manager reported. At the request of Mayor Pro Tern Harman, Ms. Halvorsen clarified how the proposed rental fees had been established for recommendation to Council. Mayor Garofalo stated that he would like to schedule a meeting with legislators regarding technology that is available for video teleconferencing. The motion made by Green, second Dettloff carried by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien CONSENT CALENDAR — ITEMS APPROVED On motion by Dettloff, second Green Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien (CITY COUNCIL) APPROVED SETTLEMENT OF ACTION AND RELEASE RE: CITY V. MEHDI BOLOURIRAD, PERFORMANCE SALES, ET AL. — OCSC 8136 79 & 8136 80 — (19475 & 19501 BEACH BLVD) (600.10) —Approved Settlement of Action and Released as -prepared by the City Attorney's Office and dismissal of the cases, and authorized the Mayor and City Clerk to execute the Settlement of Action and Release. (CITY COUNCIL - DEFERRED FROM FEBRUARY 22,.2000) - APPROVED GUIDELINES FOR LOCAL COMMUNITY ORGANIZATIONS REQUESTING CITY SUPPORT FOR SPECIAL OR SPECIFIC EVENTS (960.20) — Approved city guidelines for processing requests from community organizations to waive fees/direct costs, and to provide financial support for events on public property. (CITY COUNCIL) APPROVED PLANS AND SPECIFICATIONS AND AUTHORIZED REQUEST OF BIDS FOR ENHANCEMENT AREAS WHEELCHAIR RAMP INSTALLATION PROJECT, CC-1122 (600.70) - 1. Approved project specifications and authorized the Director of Public Works to solicit construction bids for the Enhancement Areas Wheelchair Ramp Installation Project, CC-1122; and 2. Approved sample contract subject to award of the contract to the lowest responsible/responsive bidder. (CITY COUNCIL) APPROVED AGREEMENT FOR GENERAL MANAGEMENT, ENGINEERING, SECRETARIAL AND FISCAL AGENT SERVICES BETWEEN THE WEST ORANGE COUNTY WATER BOARD AND THE CITY OF HUNTINGTON BEACH_ (600.10) - Approved and authorized the Mayor and City Clerk to execute the agreement for general management, engineering, secretarial and fiscal agent services — West Orange County Water Board — Agreement for Retention of Contract Manager. March 6, 2000 - Council/Agency Minutes - Page 14 REPORT OF ACTION TAKEN — CITY OF HUNTINGTON BEACH V. MEHDI BOLOURIRAD- ORANGE COUNTY SUPERIOR CASE NOS. 813679 AND 813680. THE CITY ATTORNEY SHALL DETERMINE IF ANY ACTIONS TAKEN BY THE CITY COUNCIL OR REDEVELOPMENT AGENCY IN CLOSED SESSION SHALL REQUIRE A REPORTING ON THOSE ACTIONS AS REQUIRED BY LAW (GOVERNMENT CODE §54957.1(A) (3) (B)). The City Attorney announced that on Monday, August 30, 1999, the City Council convened in closed session to discuss the matter of City of Huntington Beach v. Mehdi Bolourirad, Orange County Superior Court Case Nos. 813679 and 813680. The City Council voted to settle the referenced civic actions filed to enforce various Huntington Beach Municipal Code violations of planning and zoning law. The following were the terms of settlement: 1. The Defendants will deliver the amount of $10,000.00 in civil penalties to the City of Huntington Beach by 5:00 p.m., September 10, 1999; 2. The Defendants will stipulate to vacate the subject premises on or before 5:00 p.m. on September 25 1999; 3. Upon failure of the Defendants to vacate the subject premises by 5:00 p.m. on September 25, 1999, Defendants will deliver the amount of $37,500.00 in civil penalties to the City of Huntington Beach by 5:00 p.m. on September 25, 1999. In addition, Defendants will deliver the amount of $1,500 in civil penalties per day for each day they fail to vacate the property after September 25, 1999; 4. The pending criminal complaint will be dismissed; and 5. The Defendants will provide the City of Huntington Beach will a full release with respect to any claims regarding the processing of the CUP. AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff NOES: None ABSENT: Bauer (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO.3456 TO AMEND CONTRACT WITH PERS (PUBLIC EMPLOYEE RETIREMENT SYSTEM) TO PROVIDE SEC. 21354 (2% AT 55 FULL FORMULA) FOR LOCAL MISCELLANEOUS PLAN MEMBERS (640.10) A motion was made by Green, second Dettloff to approve introduction of Ordinance No. 3456 — "An Ordinance of the City Council of the City of Huntington Beach Authorizing an Amendment to the Contract Between the City Council of the City of Huntington Beach and the Board of Administration of the California Public Employees' Retirement System." The motion carried by the following roll call vote: AYES: Harman, Garofalo, Green, Dettloff, Bauer NOES: Sullivan ABSENT: Julien March 6, 2000 - Council/Agency Minutes - Page 15 DISCUSSION REGARDING PROPSED STATE LEGISLATION -DISTRIBUTION OF SALES TAX REVENUE Brief discussion was held among Councilmembers regarding the proposed Stated Legislation to change the method of distribution of sales tax revenue which method would benefit the city of Huntington Beach. The item had been brought to Council's attention by a member of a community during the public comments portion of the agenda. Councimember Bauer stated that it is his understanding the proposed legislation is not likely to approved by the state legislature. (CITY COUNCIL) APPROVED APPOINTMENT OF COUNCILMEMBER RALPH BAUER TO ORANGE COUNTY COUNCIL OF GOVERNMENTS (OCCOG) (120.20 The City Council considered a communication from Mayor Garofalo submitting the following: Statement of Issue: Councilmember Ralph Bauer's term ended on the Orange County Council of Governments (OCCOG). Councilmember Bauer served with distinction on the founding Board of this start-up organization, and his term as a member -at -large has expired. The League Division has filled that vacancy with another member from another community. Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: Communication from Mayor Garofalo dated March 2, 2000, requesting the election by the City Council of Councilmember Ralph Bauer to the Orange County Council of Governments (OCCOG). Communication titled, "H" Item for the March 6, 2000, City Council Meeting Appoint Council Member Bauer to OCCOG. A motion was made by Harman, second Garofalo to elect Councilmember Ralph Bauer as the Mayor's replacement on the OCCOG; such term to be effective immediately. The motion carried by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien March 6, 2000 - Council/Agency Minutes - Page 16 (CITY COUNCIL APPROVED CHANGE OF NAME OF CABLE TELEVISION COMMITTEE TO THE CITY COUNCIL COMMUNICATIONS COMMITTEE The City Council considered a communication from Mayor Garofalo submitting the following: Statement of Issue: It's the 21St Century Information age is here. Go digital or die. Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: Communication from Mayor Garofalo dated March 2, 2000, requesting a change in name of the Cable Television Committee to the Communications Sub -Committee of the City Council. Communication titled, "H" Item for the March 6, 2000, City Council Meeting Cable Television Committee. A motion was made by Green, second Dettloff for Council to change the name of the Cable Television Committee to the Communications Committee of the City Council; the intent being to propose the same general agenda to be enhanced with other communication issues such as public relations issues, government communication tools, etc. The motion carried by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Julien ADJOURNMENT - CITY COUNCIL -REDEVELOPMENT AGENCY A motion was made to adjourn the regular meetings of the CityCouncil and the Redevelopment Agency of the City of Huntington Beach. The next regular meetings are scheduled for Monday, March 20, 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 the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: s �►_.. City Clerk -Clerk