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2000-03-20
MINUTES CITY COUNCIL -REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, 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 Ellis/Goldenwest 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 — ELLIS/GOLDENWEST QUARTER SECTION — ACCESS GATES AND NEIGHBORHOOD PARK OPTIONS 9,Z'6- 40 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: Brindle/Thomas 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 COUNCIL/REDEVELOPMENT 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)) izo.8o 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 Tern 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, 2121100. 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-1; 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 ,of 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 II — 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 Balance 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 II) 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, a3 a o. y40 INCLUDING WATER CAPITAL PROJECTS AND WATER MASTER PLAN STATUS (44&.4 - 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 33-�,a,6 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 g'oO,10 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 Y00.2o 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 Tern 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 Tern 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 COUNCIL/REDEVELOPMENT AGENCY) CONTINUED FROM FEBRUARY 22, 2000 —OPEN JOINT PUBLIC HEARING BETWEEN CITY COUNCIL/AGENCY - PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT - SALE OF REAL PROPERTY OUTSIDE THE REDEVELOPMENT AREA TO HABITAT FOR HUMANITY, ORANGE COUNTY — N[W AND S/W CORNER OF YORKTOWN/ENGLAND, S/W CORNER OF YORKTOWN/FLORIDA —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 corner 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 Agency 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 Clerk'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 COUNCIL -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 COUNCIL/REDEVELOPMENT 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 A Year 2000 Tire Recycling Grant" authorizing application to the California Integrated 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 responsive/responsible 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 PLAN/FINANCING 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. 1 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 (1/1) 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 COUNCIL/REDEVELOPMENT 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 e©4,30 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 lao. a-r 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. dAIO� Od.AK/Jen City Clerk and ex-officio Clerk.A the City. Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: dmoic� �� k AX4�&�_e City Clerk -Clerk FMayor-Chairman