HomeMy WebLinkAbout2000-03-20MINUTES
CITY COUNCIL -REDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
5:00 P.M. - Room B-8
7:00 P.M. - Council Chamber
Civic Center, 2000 Main Street
Huntington Beach, California 92648
Monday, March 20, 2000
An audiotape of the 5:00 p.m. portion of this meeting
and a videotape of the 7:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
CALL TO ORDER
Mayor Garofalo called the regular meetings of the City Council and the Redevelopment Agency
of the City of Huntington Beach to order at 5:00 p.m. in Room B-8.
CITY COUNCIL -REDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
Absent: None
LATE COMMUNICATIONS
The following late communications were distributed to Council and the public as part of the
study session. They were also announced as late communications by the City Clerk in a later
portion of this meeting: (1) Communications from various Home Owners Associations, dated
March 10, 2000, setting forth their residents' desire that gates be installed around their
neighborhood and requesting the creation of a City Council Committee to assist in determining
the feasibility of the project and (2) A late communication from Melanie Fallon, Assistant City
Administrator, dated March 20, 2000, titled EllislGolden west Quarter Section (including
information regarding access gates and neighborhood park options).
PUBLIC COMMENTS REGARDING STUDY SESSION & CLOSED SESSION AGENDA
ITEMS
DR. GERALD CHAPMAN stated that the staff report made a reference that the
Ellis/Goldenwest Specific Plan showed the streets going through; however there is a barrier and
the barrier can only be removed through the public hearing process. He stated that the purpose
of the barrier is so that the area would not turn into another "Cascade Lane" traffic problem; that
it would become a race course if the barrier was removed. He presented recommendations
relative to the settlement of the law suit connected with this matter.
Page 2 - Council/Agency Minutes — March 20, 2000
CRAIG HOWARD, Home Owners Association Gate Committee member, informed Council that
he believes most of the people would prefer Plan A as they also want gates. He spoke
regarding the park issues, and the attorney's review of the situation. Mr. Howard requested that
a committee be appointed by council so that the Home Owners Association can work with staff
toward implementing a gate.
DEBBIE COOK spoke regarding a legal case relevant to this matter and urged everyone to
obtain a copy. She read some sections pertaining to the case. Ms. Cook spoke relative to the
matter. She informed Council that she believes that the people will have neither a park nor a
gate.
MS. THOMAS, Gate Committee member, spoke regarding the history of the gate subject
including a discussion with former Planning Commissioner Ken Bourguignon. She informed
Council that Quarterhorse Lane is used like a racetrack by the residents themselves, and not
necessarily other people. She spoke regarding the 65 mile per hour traffic that will occur if
Quarterhorse Lane and Saddleback Lane are made through streets. Ms. Thomas spoke
regarding their conversations with Tom Zanick, developer, who did not want gates. She stated
that she believes all of the options should be looked at. Ms Thomas stated that a lot of the
homeowners have encyclopedia lots which they have extended onto their property and would
not want the city to have them.
JIM MELROSE, Hampton Home Owners Association member, stated that he believes there is a
way that they can come to agreement where there can be a gate and a park. He stated that he
believes the city ordinance requires that either a park or a refund is due to be made on the
property. Mr. Melrose informed them that the school district is considering deeding a portion of
their property to assist the situation.
(CITY COUNCIL) STUDY SESSION -- ELLISIGOLDENWEST QUARTER SECTION
ACCESS GATES AND NEIGHBORHOOD PARK OPTIONS
Assistant Administrator Fallon presented an overview of the preliminary findings and conditions
set forth by the Planning Department, using the outline of her communication dated
March 20, 2000, titled Ellis/Goldenwest Quarter Section announced earlier as a late
communication by the City Clerk.
Deputy City Attorney D'Alessandro addressed legal aspects including the City Attorney's
opinion that the Measure C (City Charter) election provisions do not apply to the situation.
Community Services Deputy Director Engle presented a staff report and referred to wall charts,
including charts on Park Sites A & C — Regional Parksites; and a chart showing the location of
the various home owners associations.
At the request of Councilmember Green, Community Services Deputy Director Engle reported
on what Park Site B had been.
MOTION TO RECESS TO CLOSED SESSION
A motion was made by Green, second Sullivan to recess to Closed Session on the following
items. The motion carried by unanimous vote.
March 20, 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 Brindle/Thomas v.
City of Huntington Beach — Orange County Superior Court Case No. 75 02 03. Subject:
BrindlelThomas 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 City of Huntington
Beach v. PERS -- Orange County Superior Court Case No. 77 99 58. Subject: City of
Huntington Beach v. PERS. (120.80)
RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING - 7.00 P.M.
CITY ATTORNEY'S REPORT OF ACTION TAKEN BY THE CITY COUNCIL IN CLOSED
SESSION (PURSUANT TO GOVERNMENT CODE § 54957.1(A)(3)(B))
Deputy City Attorney Field reported that on Monday, March 6, 2000 the City Council convened
in closed session to discuss the matter of the Huntington Beach Police Officers Association vs.
the City of Huntington Beach, Orange County Superior Court Case No. 818894.
Council authorized a settlement on the following grounds:
1. The city agrees to withdraw its request for an impasse resolution by the Huntington Beach
Personnel Commission.
2. The Association agrees to dismiss, with prejudice, the pending court action, Orange County
Superior Court Case No. 818894. The city and the association will each bear its own costs
of suit.
3. The city and the association agree to negotiate in good faith regarding a proposed
department random drug testing policy covering all safety personnel representatives for a
successor agreement. The Los Angeles Sheriff s Department random drug testing policy
will be used as a guideline.
4. The association agrees that the city may only drug test probationary police officers at this
time.
The City Council also authorized the City Administrator to execute the settlement agreement
between the city and the Huntington Beach Police Officers Association.
The motion carried by the following roll call vote:
AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Julien
CITY COUNCIL -REDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
Absent: None
FLAG CEREMONY AND PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was presented by Councilmember Julien.
Page 4 - Council/Agency Minutes — March 20, 2000
INVOCATION
The invocation was offered by Pastor Judy Secor, Goldenwest Vineyard Christian Fellowship,
Huntington Beach.
Mayor Pro Tem Harman Wins Primary Election for State Assembly
Mayor Garofalo recognized Mayor Pro Tern Harman's victory in the November 2000 General
Election for the State Assembly.
CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON
THE AGENDA
Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced the following late
communications which had been received by her office following distribution of the agenda and
which pertain to items on the agenda. These items are in addition to the late communications
announced earlier in the meeting:
Communication from Gail Hutton, City Attorney, dated March 20, 2000 transmitting information
that the City Council convened in closed session to discuss the matter of Huntington Beach
Police Officers Association v. the City of Huntington Beach. Communication titled Report of
Action Taken Pursuant to Government Code section 54957.1— March 6, 2000, City Council
Closed Session.
Communication from Jim Barker dated March 20, 2000 titled Rent Control for Huntington Beach.
Communication from Sally Smith dated February 7, 2000 from the Manufactured Housing
Educational Trust (MHET) regarding Mobile Home Rent Control.
Communication from Karen Chepeka and Richard Nikas from the "No Kill" Animal Shelter dated
February 21, 2000 titled Huntington Beach Animal Shelter Proposal, 2/21/00.
Communication from Hunter Pollard dated March 20, 2000 titled Subject: Rent Control for
Huntington Beach.
Communication from Mayor Garofalo, dated March 20, 2000, transmitting information regarding the
Public Cable Television Authority (PCTA). Communication titled Agenda Item C-1— Public Cable
Television Authority (PCTA).
Report from Robert Beardsley, Director of Public Works, dated March 14, 2000, titled Public Works
Capital Projects.
Slide show presentation from Shari Freidenrich, City Treasurer, dated March 20, 2000, titled
Treasurer's Report.
Slide show presentation from the Director of Economic Development, dated March 20, 2000,
titled Disposition & Development Agreement with Habitat for Humanity.
Slide show presentation from the Planning Department, titled Small Lot Residential
Development Standards — Zoning Text Amendment No. 99-2.
March 20, 2000 -- Council -Agency Minutes - Page 5
Communication from Robert Beardsley, Director of Public Works, dated March 20, 2000,
requesting that the City Council adopt only the first two actions of the recommended action and
deferring recommended action no. 3 on Agenda Item E-10. Communication titled City Council
Meeting of March 20, 2000 Agenda Item E-10.
Communication from Bob Riffenburgh, Chairman, Public Works Commission, dated March 16,
2000, transmitting the action of the Public Works Commission at the March 15, 2000 meeting.
Communication titled Action Taken at the Public Works Commission Meeting of March 15,
2000.
Communication from Ray Silver, City Administrator, prepared by David Biggs, Director of
Economic Development dated March 16, 2000, replacing page 5 of the Owner Participation
Agreement, Attachment 1. Communication titled Late Communication for Agenda Item F-9;
Substitution of Page 5 — Owner Participation Agreement, Attachment 1.
Slide show presentation from the Director of Economic Development, dated March 20, 2000,
titled Owner Participation Agreement with Shelter for the Homeless.
Communication from Arthur De La Loza, Deputy City Attorney, dated March 20, 2000, advising
Council of a typographical error relating to Exhibit A of Ordinance No. 3456. Communication
titled Ordinance No. 3456 Exhibit, Agenda Item G-1a, March 20, 2000.
PRESENTATION — By Mayor Dave Garofalo, Councilmembers Dave Sullivan and
Shirley Dettloff with a representative from the Youth Committee at Ocean View High School,
presentation of a Certificate of Appreciation to Mr. Al Ricca, Manager, Pearl Art & Craft
Supplies, Inc., for its support of the "After School Arts Program" sponsored by the City of
Huntington Beach.
PRESENTATION — By Mayor Dave Garofalo to John Reekstin, Administrative Services
Director, presentation of a Plaque of Certificate of Achievement for Excellence in Financial
Reporting given by the Government Finance Officers' Association of the United States and
Canada.
PUBLIC COMMENTS
MARGARET CARLBERG spoke relative to the agenda item on the Seacliff murals and
presented Council with a copy of the slides that are in the agenda packet. Ms. Carlberg made a
plea for funding and approval of the staff recommended action.
CHUCK SCHEID spoke regarding the agenda item relative to the Public Employees Retirement
System (PERS) and inquired as to why the surplus cannot be returned to the General Fund.
Mr. Scheid expressed dissatisfaction with the report prepared by the City Administrator on this
issue. He also commented on Measure I and Wal-Mart in regard to the letter sent by certain
Councilmembers to residents of Emerald Cove Senior Housing.
VIRGINIA SIMS related a breaking -and -entering attempt at her daughter's home and
commended the heroism of the two officers who appeared on the scene, Crime investigator
Jerry Fuhrmann and Officer Corwin Bales.
CHUCK OSTERLUND recommended the formation of a Community Congress to air residents'
concerns on Cable TV-3, thus shortening the Public Comments portion of Council meetings.
Page 6 - Council/Agency Minutes — March 20, 2000
TRACY PELLMAN, Co -Chairperson of -Save Our Schools, Save Our City," thanked Council for
its support on the "No on Measure I" vote. Ms. Pellman stated that she looks forward to seeing
the revenues from Wal-Mart used for Ocean View School District infrastructure improvements.
MICHAEL WOLFE expressed concern over what he views as the unfair land lease increase at
the Gable Condominium Complex and requested Council intervention. Mr. Wolfe expressed his
belief that the increase is illegal as it exceeds the maximum allowable increase. Mr. Wolfe
stated that this increase may result in bankruptcy of the homeowners who would then vacate
the property, thus resulting in urban blight of the area.
JOHN TURNER informed Council that the land lease charges at his Gables condominium
increased dramatically, from $190 to $740. He referred to an article in the Wave section of the
March 16, 2000 issue of the Orange County Register relative to this increase.
TOM ZAMBETTI expressed concern over the land lease payment increases at his
condominium complex. He informed Council that the 80-unit Gables had an average sale price
of $130,000 per unit, but that the recent increases have caused property values to decrease to
$80,000 per unit. Mr. Zambetti spoke regarding the 20 years of "sweat equity" he invested in his
property; that the increase is destroying his credit history making him face bankruptcy. He
requested Council to consider rent control.
KAREN CHEPEKA and RICHARD NIKAS spoke in support of their organization, which is a "no
kill" animal shelter as the "right, expedient, and economical" choice over the current contract
with the Orange County shelter. They distributed a proposal that outlines the process. The
proposal is entitled Huntington Beach Animal Shelter Proposal — 0212112000. This document
was announced as a late communication by the City Clerk earlier in the meeting.
LESLEY SCHEIDOW spoke in favor of rent control for mobile homes and informed Council of
the frequent space payment increases at her park from which proceeds are not being used for
necessary maintenance and repairs. Ms. Scheidow related how she was placed on a six -year
waiting list for Section 8 rental assistance when she sought help from the Department of
Housing and Urban Development (HUD). Ms. Scheidow expressed appreciation for the city's
Mobile Home Rehabilitation Program.
HOWARD MARKHAM stated his opposition to rent control.
HAROLD SCHECHTER, President of the Orange County Council on Aging, informed Council
that he had distributed flyers at his mobile home park relative to a meeting on rent control. He
informed Council that the mobile home park owner removed these flyers within 15 minutes bf
posting.
JOHN JANKOWSKI, a member of the Orange County Council on Aging and retired California
legislator, spoke in favor of rent control as preventative to rent gouging. He commented on the
monopoly enjoyed by mobile home park owners. He cited 100 cities with rent control, including
Oceanside which he informed Council has an average space rent of $342 per month, in
comparison to the $675 per month in Huntington Beach. Mr. Jankowski requested for Council
to save affordable housing in the city.
March 20, 2000 — Council -Agency Minutes - Page 7
HUNTER POLLARD resident of Sea Aira Mobile Home Park, distributed a handout on space
rent dated March 20, 2000, titled Subject. Rent Control for Huntington Beach, which was
announced earlier as a late communication by the City Clerk. Mr. Pollard spoke relative to the
rent increases outlined, and stated that while his park has the second highest space rent in the
city, park improvements are not made. Mr. Pollard expressed his opinion that the argument that
a coastal community dictates high rent does not hold water, as Oceanside is a coastal
community with an average space rent of $342 per month.
SALLY SMITH, mobile home resident read a letter that was announced as a late
communication by the City Clerk. The letter was sent to the Mayor from the Mobile Home
Educational Trust (MHET) and expressed appreciation to Council for its support of two special
committees formed to control rent and other concerns faced by mobile homeowners. The
communication referred to the $15,000 mobile home survey made by Lawrence Research. Ms.
Smith stated that the claims made by the proponents of rent control are untrue.
JIM BARKER, Communications Director from the Mobile Home Owners Association (MHOA),
informed Council that the author of the letter from the Mobile Home Educational Trust (MHET) is
Executive Director, Vickey Talley. Mr. Barker refuted the statement in the letter that the number
of concerned mobile home residents is a small interest group. Mr. Barker requested that
Council place the issue of rent control on the Council agenda. He stated that he does not want
what happened at the Gables Condominium Complex to occur at mobile home parks.
AL CARRACIA, a resident of the Los Amigos Mobile Home Park, spoke in opposition to the
letter from Vickey Talley, Mobile Home Educational Trust (MHET). In reference to the Council -
appointed Board and Committee cited in the letter, Mr. Carracia informed Council that the
committee had not met in weeks and that vacancies on the Mobile Home Review Committee
(now called the Mobile Home Advisory Board) remain unfilled. Mr. Carracia invited Mayor
Garofalo to ride with him on a windshield survey to view the good and bad parks in the city.
ED ROBISON informed Council that he is a resident of Rancho del Rey Mobile Home Park -
which adjoins the Gables Condominium Complex. He stated he is the President of the Golden
State Mobile Home Owners League (GSMOL). Mr. Robison invited everyone to a meeting on
rent control to be held at his park on April 11, 2000 at 7:00 PM. Mr. Robison also brought an
article from the March 20, 2000 edition of the Orange County Register regarding one
Councilmember's campaign funds. He referred to a section of the letter from Vickey Talley,
Mobile Home Educational Trust (MHET), that cited how mobile home residents have access to
Section 8 - HUD rental assistance, and also referred to a letter from the Housing and Urban
Development Department (HUD) which informs that there is a waiting time for rental assistance
of three to four years.
DON MCGEE spoke relative to senior citizens being subjected to lease gouging, and the
increase of $389 on mobile home space rents. He quoted a. letter from Bill Borden written in the
Independent newspaper regarding political signs. Mr. McGee commented on how these signs
pollute the environment.
COUNCIL COMMENTS REGARDING PUBLIC COMMENTS PORTION OF THE AGENDA
Section 8 — HUD Rental Assistance
Mayor Garofalo requested Economic Development Director Biggs to report on the
administration of Section 8 - HUD (Housing and Urban Development Department) rental
assistance. Economic Development Director Biggs responded that it is within the county's
purview through the Federal Government.
Page 8 - Council/Agency Minutes — March 20, 2000
Report Requested Regarding the Land Lease Increases at the Gable Condominium
Complex - Review of Conditional Use Permit
Council referred the issue of the Gable Condominium complex land lease increases to the City
Attorney to determine if the city has any purview in the matter, and to review the Conditional
Use Permit, etc., on the development. The Mayor and the Attorney were scheduled to meet
with the condominium residents.
Report From City Attorney Requested Regarding the Distribution and Removal of Flyers
in Mobile Home Parks
Councilmember Sullivan expressed his concern over Mr. Schechter's comments earlier in the
meeting regarding the removal of flyers that he had distributed in his mobile home park.
Councilmember Sullivan asked Deputy City Attorney Field to investigate the matter of a .
potential violation by the mobile home park owner in removing Mr. Schechter's flyers.
Mayor Pro Tern Harman further inquired of Deputy City Attorney Field if an ordinance is in place
relative to the distribution and removal of flyers such as those distributed by Mr. Howard
Schechter's. Deputy City Attorney Field requested that Mr. Schechter call his office the next
day regarding this issue.
(CITY COUNCIL) CONTINUED FROM FEBRUARY 22, 2000 — PUBLIC CABLE TELEVISION
AUTHORITY (PCTA) LIAISON REPORT BY MAYOR DAVE GAROFALO (160.10)
Mayor Garofalo gave a brief summary of the role of the Public Cable Television Authority
(PCTA). He presented a slide report dated March 20, 2000 titled Agenda Item C-1— Public
Cable Television Authority (PCTA), which had been announced as a late communication by the
City Clerk earlier in the meeting. He stated that at the next PCTA meeting he will discuss the
rate increase proposed by Time -Warner, which is in the process of renewing its contract with
the city.
(CITY COUNCIL) APPROVED EMERGENCY SOLE SOURCE FUNDING FOR PHASE it —
RELOCATION OF REMAINING SEACLIFF MURALS TO THE CIVIC CENTER — APPROVED
TWO CONTRACTS — (1) PUBLIC ART MANAGEMENT AND (2) CONSERVART &
ASSOCIATES - "SAVE THE BIRDS" PROJECT COUNCIL COMMITTEE — APPROVED
BUDGET AMENDMENT (320.45 and 600.10)
The City Council considered a communication from the Community Services Director
transmitting the following recommendation of the "Save the Birds" Council Committee members
Shirley Dettloff, Peter Green and Tom Harman.
Councilmember Dettloff commented on the donations and efforts toward the mural project made
by Margaret Carlberg, who spoke earlier in the meeting, and other members of the community.
Discussion followed in support of expending city funds on the project, which Mayor Pro Tern
Harman stated is a public/private partnership.
A motion was made by Dettloff, second Green to approve both parts of the recommendation of
the "Save the Birds" Committee that the city: (1) Approve an amendment to the current year
budget by appropriating $51,700 from the General Fund Unappropriated Fund Balanoe for the
removal and reinstallation of the two remaining Seacliff Shopping Center murals to the Civic
March 20, 2000 — Council -Agency Minutes - Page 9
Center; and (2) Approve the following contracts: (1) Public Art Management — Professional
Services Contract Between The City Of Huntington Beach And Public Art Management To
Manage Orderly Transfer Of Artworks To The Civic Center (Phase 11) for $5,500 and (2)
ConservArt & Associates — Professional Services Contract Between The City Of Huntington
Beach And ConservArt Associates, Inc. For Removal Of Art From Seacliff Village And
Reinstallation At The Civic Center (Phase 11) for $46,200, and authorize the Mayor and City
Clerk to execute same. The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer
NOES: Garofalo, Sullivan
ABSENT: None
(CITY COUNCIL) CITY ADMINISTRATOR'S REPORT
(CITY COUNCIL) UPDATE ON CAPITAL PROJECTS UNDERWAY AND IN PLANNING,
INCLUDING WATER CAPITAL PROJECTS AND WATER MASTER PLAN STATUS ( G)
Public Works Director Beardsley introduced Deputy City Engineer Webb, who presented a slide
report dated March 20, 2000 titled Public Works Department Capital Projects Update. Deputy
City Engineer Webb also reviewed a 10 page handout dated March 14, 2000 titled Public Works
Capital Projects -- FY's 99/00, 00/01, which was announced earlier as a late communication by
the City Clerk.
Council thanked staff for the update.
Report Requested Regarding the Underground Utilities District Process Relative to the
Placement of Utilities Underground in Residential Areas
City Administrator Silver requested a staff report to include a priority list of streets scheduled for
Underground Utilities District projects.
Deputy City Engineer Webb responded to Councilmember Bauer's question relative to the
process for placing utilities underground in residential areas.
Council Inquiry Re: Upkeep of Arterial Streets
Councilmember Bauer inquired if there is a program in place for the upkeep of arterial streets, to
which Deputy City Engineer Webb responded that a grant application for rehabilitation, for
instance, can be filed with the Orange County Transportation Authority (OCTA).
Report Requested Regarding a Schedule for Slurry Sealing/Surfacing Collector Streets
Citywide
City Administrator Silver requested that the Public Works Department prepare a memorandum
to Council relative to re -surfacing of collector streets. Public Works Director Beardsley stated
that the Infrastructure Committee can be given a priority list.
Page 10 - Council/Agency Minutes — March 20, 2000
Notification to Homeowners Requested Re: Federal Emergency Management Agency
(FEMA) Funding for Infrastructure Improvements to the Slater Channel — CC-1089
Mayor Pro Tern Harman requested that the Department of Public Works notify homeowners
adjacent to the Slater Channel of upcoming infrastructure improvements.
Deputy City Engineer Webb responded in the affirmative to Mayor Pro Tern Harman's question
as to whether Federal Emergency Management Agency (FEMA) funding is secure for this
project.
Report Requested Regarding Potential Water Contamination Issues (MTBE) from
Underground Tanks
Mayor Pro Tem Harman requested that the Department of Public Works Department report on
the potential contamination of water (MTBE) from underground tanks.
Public Works Director Beardsley stated that the problem has not reached the water supply, but
that letters for a meeting to take place to discuss the issue will be sent to all gas station and oil
well owners of the 43 affected sites.
(CITY COUNCIL) RECEIVED AND FILED REPORT - PUBLIC WORKS DIRECTOR'S
URBAN RUNOFF/COASTAL REMEDIATION ACTION PLAN — UPDATE FOR MARCH 2O00
(520.30)
The City Council considered communication from the Director of Public Works transmitting the
update for March 2000 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 was submitted and an update of the Director's Action Plan was provided at the Council
meeting.
Council thanked staff for the report.
Report Requested Regarding Desalinization Plant at the Edison Facility (AES Facility)
City Administrator Silver requested Dennis McClain, Public Works Department Project Manager
for the Urban Runoff/Coastal Remediation Plan to report back on the issue of what proposals
there may be for a desalinization plant at the Edison Facility.
Project Manager McClain reported on meeting with the consultants from Poseidon Designs and
described that company's methods and techniques for testing the soil and water for
contaminants.
March 20, 2000 — Council -Agency Minutes - Page 11
(CITY COUNCIL) REVIEWED AND ACCEPTED CITY TREASURER'S JANUARY 2000
INVESTMENT SUMMARY REPORT (310.20)
The City Council considered a communication from City Treasurer Freidenrich transmitting the
Monthly Investment Report for January 2000 had been distributed to Council at the meeting and
announced by the City Clerk as a late communication.
City Treasurer Freidenrich responded to Mayor Pro Tem Harman's inquiry regarding interest
income. She replied that forecasting is not recommended, given the current volatility of interest
rates.
Mayor Garofalo inquired about the cash flow program software. City Treasurer Freidenrich
responded that the project is in the system and that J. D. Edwards is being studied as a
potential source for an accounting program on cash enhancement.
A motion was made by Green, second Dettloff to accept the monthly report. Following review of
the report, accept the Monthly Investment Report Summary of Investment Portfolio for January
2000, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The
motion carried unanimously.
(CITY COUNCIL) CONTINUED PUBLIC HEARING TO APRIL 17, 2000 ON RESOLUTION OF
INTENTION 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 of a Community Facilities District (CFD) No. 2000-1. Community Facilities District
(CFD) No. 2000-1 would allow for the use of tax-exempt financing for certain eligible public
improvements related to the proposed Hilton Grand Coast Resort Project. The boundaries of
the proposed project are shown on the map entitled "Boundaries of 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.
Mayor Garofalo declared the public hearing open.
A motion was made by Dettloff, second Green to continue the public hearing open on
Resolution of Intention No. 2000-5 — Establishment of City of Huntington Beach Community
Facilities District No. 2000-1 — Hilton Grand Coast Resort (Waterfront Project) to the April 17,
2000 Council Meeting. The motion carried unanimously.
Page 12 - Council/Agency Minutes — March 20, 2000
(CITY COUNCIUREDEVELOPMENT AGENCY) CONTINUED FROM FEBRUARY 22, 2000 — OPEN
JOINT PUBLIC HEARING BETWEEN CITY COUNCILIAGENCY - PROPOSED DISPOSITION AND
DEVELOPMENT AGREEMENT - SALE OF REAL PROPERTY OUTSIDE THE REDEVELOPMENT
AREA TO HABITAT FOR HUMANITY, ORANGE COUNTY — N1W AND SM CORNER OF
YORKTOWNIENGLAND, S1W CORNER OF YORKTOWNIFLORIDA —ADOPTED RESOLUTION NO.
2000-30 AND AGENCY RESOLUTION NO.308 (600.30)
Mayor Garofalo announced that this was the time scheduled for a joint public hearing continued open
from February 22, 2000, 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).
A communication dated March 14, 2000 from the Economic Development Director and the
Administration Services Director providing supplemental information regarding the three parcels
of property had been distributed in the Council agenda packet.
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 comer of Yorktown Avenue and Florida
Street and the southeast corner of Yorktown Avenue and England Street (the "Site"), to the
Developer and the 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; and (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; and (e.) Other pertinent economic analysis.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Mayor Garofalo declared the public hearing open.
Economic Development Director Biggs presented a slide report dated March 20, 2000, titled
Disposition & Development Agreement with Habitat for Humanity which was announced earlier
in the meeting as a late communication by the City Clerk.
March 20, 2000 — Council -Agency Minutes - Page 13
MARK KORANDO, Director of Site Acquisitions for Habitat for Humanity of Orange County,
informed Council that his agency's goal over the next ten years is to add 900 additional homes.
Mr. Korando stated that to do so would require building single family dwellings on vacant lots, as
well as the acquisition, rehabilitation, and conversion of rental housing to ownership housing.
DAN MAHAFFEY spoke in support of the project and expressed his approval of the attractive,
well built homes on Ronald Road. Mr. Mahaffey found the owners very motivated and to be
good neighbors.
ALEXANDRA PATINO, resident of Ronald Road, spoke in support of Habitat for Humanity,
which she stated had enabled her to become a proud owner of a home which compares to
those at Huntington Harbour. Ms. Patino stated that she was screened for two and a half years
before being accepted for the project.
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.
Economic Development Director Biggs responded to Councilmember Sullivan's question, stating
that the average cost of affordable housing ranges from $60,000 to $70,000 per unit.
Councilmember Sullivan stated that as this project would cost $95,000 per unit he will be opposing
the motion. He expressed concern that the city funds are being expended to serve the few, and
felt that a better use of the subsidy would be in funding apartment units.
Mayor Garofalo stated that while he will be voting in favor of the project, he does echo
Councilmember Sullivan's exception.
Following discussion a motion was made by Dettloff, second Green to approve the following
recommended actions:
City Council Actions: 1. Adopt Resolution No. 2000-30 — "A Resolution Of The City Council Of The
City Of Huntington Beach Approving The Transfer And Sale Of Certain Property Outside Of The
Redevelopment Project Area, But In Benefit To The Main -Pier Redevelopment Project Sub Area, To
Habitat For Humanity Of Orange County, Inc., A California Non -Profit Public Benefit Corporation,
Approving The Disposition And Development Agreement Pertaining Thereto, And Making Certain
Findings With Respect To Such Sale 2422 England Street (Formerly 602 Yorktown Avenue), 2501
England Street And 2419 Florida Street (Formerly 620 Yorktown Avenue)"— Authorize conveyance of
2422 and 2501 England Streets and 2419 Florida Street by Agency to Habitat for Humanity for the
construction of three single family detached housing units; and 2. Direct staff to ensure that all
insurance requirements outlined in the DDA are submitted and approved by the City Attorney prior to
the close of escrow. Redevelopment Aslency Actions: 1. Adopt Resolution No. 308 - "A'Resolution
Of The City Council Of The City Of Huntington Beach Approving The Sale Of Certain Property Outside
Of The Redevelopment Project Area, But In Benefit To The Main -Pier Redevelopment Project Sub
Area, To Habitat For Humanity Of Orange County, Inc., A California Non -Profit Public Benefit
Corporation, Approving The Disposition And Development Agreement Pertaining Thereto, And Making
Certain Findings With Respect To Such Disposition And Development Agreement And Such Sale" —
Authorize conveyance of 2422 and 2501 England Streets and 2419 Florida Street by Agency to Habitat
for Humanity for the construction of three single family detached housing units for ownership by very
low income families; and 2. Approve a Disposition and Development Agreement — Disposition And
Development Agreement By And Between The Redevelopment Agency Of The City Of Huntington
Beach And Habitat For Humanity Of Orange County, Inc. — and authorize its execution by the
Chairperson and Agency Clerk after execution by Habitat for Humanity, when advised by the City
Attorney's Office.
Page 14 - Council/Agency Minutes — March 20, 2000
The motion made by Dettloff, second Garofalo carried by the following roll call vote:
AYES: Julien, Harman, Garofalo, Green, Dettloff
NOES: Sullivan
ABSENT: None
(CITY COUNCIL) CONTINUED PUBLIC HEARING OPEN TO APRIL 17, 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 Cleric's Office by staff had been mailed, published and
posted.
A late communication in the form of a slide show presentation from the Planning Department
titled Small Lot Residential Development Standards — Zoning Text Amendment No. 99-2 was
received and announced as a late communication by the City Clerk earlier in the meeting.
Mayor Garofalo informed staff that he wished to meet with the Planning Commission and the developer
for a briefing and asked staff if the public hearing can remain open for a month. Staff replied that this
was possible.
Mayor Garofalo declared the public hearing open.
A motion was made by Green, second Sullivan to continue the public hearing open on Zoning
Text Amendment No. 99-2 Small Lot Residential Development Ordinance to Establish
Development Standards, to the April 17, 2000 City Council Meeting. The motion carried
unanimously.
CONSENT CALENDAR — ITEMS REMOVED FOR SEPARATE DISCUSSION
Council by unanimous consensus removed the following items from the Consent Calendar for
separate discussion:
County Sewer Master Plan Update Grant Program Application — Orange County Sanitation
District (District) Cooperative Projects Funding Program (CPP).
Additional Project Contingency Funds — City Gym and Pool Historical Restoration, Phase 2,
CC-1043 — BF Construction Inc.
March 20, 2000 — Council -Agency Minutes - Page 15
CONSENT CALENDAR — ITEMS APPROVED
Councilmember Sullivan requested that his no vote be recorded on the Consent Calendar item
relative to the Approval as To Form: Office Space Lease Between Abdelmuti Development Co.
And Investment Builders, L.L.C. (Oceanview Promenade Suite 2e) — Main -Pier Redevelopment
Project Area.
On motion by Green, second Sullivan, 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
(CITY GOUNGIL-REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the
minutes of the City Council/Redevelopment Agency regular meetings of February 22, 2000 as
written and on file in the Office of the City Clerk.
(CITY COUNCIL) ADOPTED RESOLUTION NO.2000.26 AUTHORIZING THE
DESTRUCTION OF CERTAIN CITY RECORDS — (FIRE DEPARTMENT1 (170.50) — Adopted
Resolution No. 2000-26 approving the destruction of certain city records in the Fire Department
Telecommunications Division as listed in Exhibit "A." — "A Resolution Of The City Council Of The
City Of Huntington Beach Authorizing Destruction Of Certain City Records."
(CITY COUNCILIREDEVELOPMENT AGENCY) APPROVED CONTINUATION OF 2000
MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM — FIRST TIME HOME BUYERS
COOPERATIVE AGREEMENT BETWEEN COUNTY & CITY (600.25) -1. Reaffirmed
continuation of the Mortgage Credit Certificate program as set forth in Resolution 97-1, "A
Resolution Of The City Council Of The City Of Huntington Beach Adopting A Mortgage Credit
Certificate Program In Cooperation With The County Of Orange," and 2. Reaffirmed
continuation of the Cooperative Agreement Between The County Of Orange And The City Of
Huntington Beach Regarding The Mortgage Credit Certificate Program.
(CITY COUNCIL) APPROVED TWO CONTRACTS WITH WILLIAMS COMMUNICATIONS —
(1) FIRE STATION 6 - EDWARDS TELEPHONE SYSTEM, CITY HALL EQUIPMENT
REPLACEMENT AND (2) AUTOMATIC CALL DISTRIBUTION REPORTING — CC-1084 —
APPROVED MODIFICATIONS TO INSURANCE REQUIREMENTS (600.80) —1. Approved and
authorized the Mayor and City Clerk to execute the Agreement Between The City Of Huntington
Beach And Williams Communications Solutions, LLC, For Installation Of A Telecommunications
System At The Edwards Fire Station; and 2. Approved and authorized the Mayor and City Clerk
to execute the Agreement Between The City Of Huntington Beach And Williams
Communications Solutions, LLC, For Upgrade Of Existing Telecommunications System At City
Hall in an amount not to exceed $50,248.74; and 3. Approved the modifications on the insurance
liability requirements on both contracts as recommended by the Settlement Committee.
ICITY COUNCIL) APPROVED STAFF PARTICIPATION IN WEST ORANGE COUNTY
CITIES ASSOCIATION ECONOMIC DEVELOPMENT STRATEGY ACTION PLAN (460.35) -
Authorized staff participation in the West Orange County Cities Association Economic
Development Collaborative through the implementation of the West Orange County Cities
Economic Development Strategy Action Plan.
Page 16 - Council/Agency Minutes — March 20, 2000
(CITY COUNCIL) ADOPTED RESOLUTION NO. 2000-28 AUTHORIZED THE COMMUNITY
SERVICES DEPARTMENT TO APPLY TO THE STATE OF CALIFORNIA FOR HUNTINGTON
BEACH HIGH SCHOOL POOL GRANT — LOCAL ASSISTANCE GRANT FUNDS (340.80) -
Adopted Resolution No. 2000-28 — "A Resolution Of The City Council Of The City Of Huntington
Beach Approving The Application For Grant Funds For Huntington Beach High School Pool"
authorizing the City of Huntington Beach to apply for Local Assistance Grant funds totaling
$98,500 from the State of California for the Huntington Beach High School pool.
(CITY COUNCIL) ADOPTED RESOLUTION NO.2000-27 APPLICATION FOR A CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD GRANT FOR YEAR 2000 TIRE RECYCLING
FOR RECYCLED PLAYGROUND COVER — LAKE, HAWES AND HOPE VIEW PARKS —
APPROVED BUDGET AMENDMENT (340.80) —1. Adopted Resolution No. 2000-27 — "A
Resolution Of The City Council Of The City Of Huntington Beach Authorizing Submittal Of An
Application To The California Integrated Waste Management Board For Year 2000 Tire
Recycling Grant" authorizing application to the California lntegrated Waste Management Board for
a Year 2000 Tire Recycling Grant in the amount of $19,640 (50% of total project cost) to provide
playground cover at Lake Park, Hawes Park, and Hope View Park; and 2. Approved an
amendment to the current year budget by appropriating $19,640 from the Park Acquisition and
Development Fund for the city's matching funds for the project upon approval of the grant.
(CITY COUNCIL) APPROVED APPOINTMENT OF WESTMINSTER SCHOOL DISTRICT
REPRESENTATIVE TO THE COMMUNITY SERVICES COMMISSION — AILEEN MANLEY
(110.20) — Approved appointment of Aileen Manley to fill a vacancy created by the resignation
of Beverlee Watson on the Community Services Commission as the representative for the
Westminster School. District for a term to expire June 2004.
(REDEVELOPMENT AGENCY) APPROVED AS TO FORM: OFFICE SPACE LEASE
BETWEEN ABDELMUTI DEVELOPMENT CO. AND INVESTMENT BUILDERS, L.L.C.
(OCEANVIEW PROMENADE SUITE 2E) — MAIN -PIER REDEVELOPMENT PROJECT AREA
(600.30) -- Approved as to form the Office Space Lease between Abdelmuti Development
Company and Investment Builders, L.L.C., for Suite 2E in the Oceanview Promenade.
Councilmember Sullivan requested that his no vote be recorded on the Consent Calendar item relative
to the Approval as To Form: Office Space Lease Between Abdelmuti Development Co. And Investment
Builders, L.L.C. (Oceanview Promenade Suite 2e) — Main -Pier Redevelopment Project Area.
(CITY COUNCIL) ACCEPTED BID AND AWARDED CONSTRUCTION CONTRACT TO
AMERICAN RESTORATION AND CONSTRUCTION, INC. FOR THE TRUCK WASH
FACILITY PROJECT AT THE WATER OPERATIONS YARD, CC-1097 (600.80) —
1. Accepted the low bid submitted by American Restoration and Construction, Inc., and
approved and authorized the Mayor and City Clerk to execute the appropriate construction
contract for the Truck Wash Facility Project at the Water Operations Yard CC-1097, for a total
bid amount of $170,374.70; and 2. Authorized the Director of Public Works to expend a total of
$207,375.00 to cover the contract amount of $170,374.70, an estimated construction change
order contingency of $17,000.30 and supplemental expenditures of $20,000. .
(CITY COUNCIL) APPROVED PROJECT PLANS AND SPECIFICATIONS — BEACH PUBLIC
SERVICES CENTER AND AUTHORIZE ADVERTISEMENT FOR BIDS, CC-1113 --
APPROVED SAMPLE CONTRACT (600.80) —1. Approved the project plans and
specifications and authorized the Director of Public Works to request bids for the Beach Public
Services Center, CC-1113; and 2. Approved the sample construction contract, subject to award
of the contract to the lowest responsivefresponsible bidder.
March 20, 2000 - Council -Agency Minutes - Page 17
(CITY COUNCIL) ADOPTED RESOLUTION NO.2000.29 DECLARING WEEDS, RUBBISH
AND REFUSE TO BE A PUBLIC NUISANCE - AUTHORIZED POSTING OF NOTIFICATIONS
ON SPECIFIC PROPERTIES & FIXING DATE OF MAY 1, 2000 FOR HEARING
OBJECTIONS TO THE REMOVAL PROCESS - WEED ABATEMENT 2000 (520.80) -
Adopted Resolution No. 2000-29 - "A Resolution Of The City Council Of The City Of
Huntington Beach Finding And Declaring That Certain Weeds Growing In The City, And
Rubbish And Refuse Deposited On Public Ways And Private Property Are A Public Nuisance,
And Fixing The Time For Hearing Protests And Objections To The Abatement Thereof
declaring weeds to be a public nuisance and fixing May 1, 2000 as the date for hearing
objections to the removal process.
(CITY COUNCIL) APPROVED FIRST AMENDMENT TO ASL CONSULTING ENGINEERS
PROFESSIONAL SERVICES CONTRACT FOR WATER MASTER PLANIFINANGING PLAN
UPDATE -- EXECUTED CONTRACT - APPROVE MODIFICATIONS TO INSURANCE
REQUIREMENTS (600.10) -1. Approved and authorized the Mayor and City Clerk to execute
the First Amendment to the professional services contract - Amendment No. 9 To Agreement
Between The City Of Huntington Beach And ASL Consulting Engineers For Updating Water
System Master Plan/Financing Plan between the City of Huntington Beach and ASL Consulting
Engineers and accept $100,000 self -insured retention of Professional Liability Coverage; and 2.
Authorized the Director of Public Works to expend up to $42,000 to cover the contract
amendment cost of $38,500 and potential change order expenditures of $3,500.
(CITY COUNCIL) ACCEPTED BID AND AWARDED A THREE-YEAR PROFESSIONAL
SERVICES CONTRACT WITH PACIFIC SPORTS, L.L.C. TO MANAGE THE FOURTH OF
JULY SURF CITY RUN/EXPO ANNUALLY BEGINNING IN 2000 - TITLE SPONSOR:
TOMMY HILFIGERMEW YORK ROAD RUNNERS' CLUB (600.10) --1. Accepted the low
responsive/responsible bid submitted by Pacific Sports and approve a three-year contract -
Professional Services Contract Between The City Of Huntington Beach And Pacific Sports,
L.L. C. For The Management And Operation Of A Running And Walking Event On The Fourth Of
July 2000-2002; and 2. Authorized the Mayor and City Clerk to execute same.
(CITY COUNCIL) ACCEPTED BID AND AWARDED CONSTRUCTION CONTRACT TO
BAXTER-GRIFFIN CO., INC., FOR THE INSTALLATION OF EMERGENCY VEHICLE PRE-
EMPTION (EVPE) DETECTION AT FIVE SIGNALIZED INTERSECTIONS IN HUNTINGTON
BEACH (FIREMED EQUIPMENT FUND) CC-1108 (600.55) - 1. Approved the low
responsive/responsible bid submitted by Baxter -Griffin Co., Inc., for the installation of
Emergency Vehicle Pre-Emption (EVPE) Detection at Five Signalized Intersections in
Huntington Beach; and 2. Authorized the Mayor and City Clerk to execute an appropriate
construction contract in the amount of $86,670; and 3. Authorized the Director of Public Works
to expend a total of $100,000, including the contract amount of $86,670, potential construction
change orders of $8,667, and supplemental expenditures of $4,663.
(CITY COUNCIL) APPROVED COUNTY SEWER MASTER PLAN UPDATE GRANT
PROGRAM APPLICATION - ORANGE COUNTY SANITATION DISTRICT (DISTRICT)
COOPERATIVE PROJECTS FUNDING PROGRAM (CPP) - DEFERRED APPROVAL OF
SAMPLE CONTRACT (340.60)
The City Council considered a communication from Public Works Director Beardsley dated
March 20, 2000, titled City Council Meeting of March 20, 2000 Agenda Item E-10 which was
announced earlier as a late communication by the City Clerk. Public Works Director Beardsley
requested that the City Council adopt only the first two actions of the recommended action and
defer Recommended Action No. 3 on Agenda Item E-10 relative to approval of the sample
contract due to protracted discussions with the Orange County Sanitation District.
Page 18 - Council/Agency Minutes — March 20, 2000
A motion was made by Green second Sullivan to approve the following recommended actions,
as amended by the communication from the Director of Public Works:
1. Designate $200,000 from the City's unappropriated Capital Sewer Fund to serve as the 50%
match for a $400,000 Sewer Master Plan Update and an Inflow and Infiltration (Ill) Study, and
authorize staff to apply to the DISTRICT for this project; and 2. Authorize staff to apply to the
DISTRICT for a 50% match for a $2,000,000 sliplining and improvement project for the Harbour
area. The city's $1,000,000 match will come from an EPA Grant already awarded.
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff
NOES: None
ABSENT: None
(CITY COUNCIL) AUTHORIZED ADDITIONAL PROJECT CONTINGENCY FUNDS -- CITY
GYM AND POOL HISTORICAL RESTORATION, PHASE 2, CC-1043 — BF CONSTRUCTION
INC (600.80)
The City Council considered a communication dated March 16, 2000, titled Action Taken at the
Public Works Commission Meeting of March 15, 2000, which was announced earlier as a late
communication by the City Clerk. The communication, from Bob Riffenburgh, Chairman of the
Public Works Commission, transmits the action of the Public Works Commission at the March
15, 2000 meeting.
City Engineer Stack responded to Councilmember Sullivan's concerns relative to the 25%
contingency costs.
Public Works Director Beardsley spoke regarding the need for a containment of these costs.
Discussion was held regarding the fact that the current renovation is funded with a Federal
Housing and Urban Development (HUD) loan under the Section 108 Program. On January 5,
1998, City Council approved the acceptance of this loan and the 20-year repayment schedule
using future Community Development Block Grant entitlements for public projects.
Discussion followed relative to the need for modification of the motion in order that it be
consistent with the Public Works Commission's recommendations.
A motion was made by Harman second Green to approve the following recommended actions,
as amended by the communication from the Public Works Commission:
1. Approve additional contingency funding from undesignated, unappropriated General Fund
Reserves (from Account No. G-AA-30101 to Account No. E-HT-ED-016-3-90-00) in the
amount of $328,050; and 2. Authorize the Director of Public Works to expend an amount
not to exceed 25 percent of the project base bid amount and to direct staff to implement a
strategic reduction in the current scope of work to reduce expenditures accordingly and
report findings to the Commission at the conclusion of the project, and do whatever can be
done to cut costs and the scope of work as much as possible without affecting the historical
quality of the building.
March 20, 2000 — Council -Agency Minutes - Page 19
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff
NOES: None
ABSENT: None
(CITY COUNCILIREDEVELOPMENT AGENCY) APPROVED AN OWNER PARTICIPATION
AGREEMENT (OPA) WITH SHELTER FOR THE HOMELESS DBA AMERICAN LODGING
(SHELTER) ACQUISITION AND REHABILITATION OF 7802 BARTON DRIVE —
AUTHORIZED WAIVER OF INSURANCE REQUIREMENTS
The City Council considered a communication from the Economic Development Director
transmitting for Council consideration an Owner Participation Agreement (OPA) between the
Redevelopment Agency and Shelter for the Homeless (Shelter). This agreement provides a
maximum of $350,000 in HOME funds for the acquisition and rehabilitation of 7802 Barton
Drive.
Economic Development Director Biggs presented a slide report dated March 20, 2000 titled
Owner Participation Agreement with Shelter for the Homeless, which had been announced as a
late communication earlier in the meeting by the City Clerk.
Earlier in the meeting, the City Clerk had announced that the following late communications on
this item had been provided to the City Council. Communication from Ray Silver, City
Administrator, prepared by David Biggs, Director of Economic Development dated March 16,
2000, replacing page 5 of the Owner Participation Agreement, Attachment 1. Communication
titled Late Communication for Agenda Item F-1; Substitution of Page 5 — Owner Participation
Agreement, Attachment 1.
Mayor Garofalo inquired as to how many units and their cost, to which Economic Development
Director Biggs responded that there are four units at $80,000 per unit.
A motion was made by Mayor Garofalo, second Green to approve the following recommended
actions: City 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 Shelter by the close of escrow; and Redevelopment Agency Actions: 1. Approve a loan
agreement with Shelter for the Homeless (Shelter) for $350,000 in HOME Investment Partnership
funds for the acquisition and rehabilitation of 7802 Barton Drive; and 2. Approve and authorize
execution by the Agency Chairman and Agency Clerk of the loan agreement and all attachments
after execution by Shelter, when advised by the City Attorney's Office and authorize recordation of
documents; and 3. Authorize the transfer (by wire, if necessary) of Agency funds in the amount
necessary to Apex Escrow Company (Escrow No. 00018489) to effect the closing of the acquisition
escrow. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff
NOES: None
ABSENT: None
Page 20 - Council/Agency Minutes — March 20, 2000
(CITY COUNCIL) APPROVED ADOPTION 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) — 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."
A motion was made by Green, second Dettloff to adopt Ordinance No. 3456 after reading by
title by the City Clerk. The motion carried by the following roll call vote:
AYES: Julien, Harman, Garofalo, Green, Dettloff
NOES: Sullivan
ABSENT: None
(CITY COUNCIL) FORMATION OF AD HOC COUNCIL COMMITTEE FOR
RECOMMENDATIONS RE: FUNDING TO BE GENERATED BY WAL-MART
The Council considered a communication from Mayor Garofalo recommending that the Mayor
appoint an Ad Hoc Council Committee consisting of the Mayor and two City Councilmembers
(Shirley Dettloff and Ralph Bauer) to evaluate options, review alternatives, and return to Council
with some recommendations regarding funding that will be generated through sales tax from the
yet to be built Wal-Mart at the abandoned Crest View School site. Proposed are two meetings
to brainstorm possibilities on how the new funding source could benefit the community and
specifically be directed towards those areas and issues the majority of the Council supported in
Measure J. This will only be ad hoc. Proposed is a maximum protocol of two meetings and the
goal is to translate honorable intentions into an action plan that meets all community goals
including public safety.
Councilmember Green expressed concern that the result of the advisory vote be taken into
consideration relative to the budget.
Following discussion, Mayor Garofalo recommended the formation of the ad hoc committee and
the appointment of Councilmembers Dettloff and Bauer, as well as himself, as members. The
City Council concurred.
March 20, 2000 — Council -Agency Minutes - Page 21
ADJOURNMENT - CITY 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 to Monday, March 27, 2000, at 5,00 p.m., in Room B-8,
Civic Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex-officio ClerkAf the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
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City Clerk -Clerk 4F Mayor -Chairman