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HomeMy WebLinkAbout2000-06-19Minutes 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, June 19, 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, Garofalo, Green, Bauer (Harman arrived at 5:10 p.m.) Absent Dettloff (City Council/Redevelopment Agency) Study Session — The City Communications Plan (160.10) - Rich Barnard, Director of Communications and Special Projects presented a Power Point slide report. Copies of this report had been distributed to Council and staff as part of the Late Communications received by the Clerk after delivery of the agenda packet: Communication dated June 19, 2000, titled A Communications Plan for the City of Huntington Beach relative to the methods that the city will use to improve its direct communication. Communications Director Barnard spoke relative to the methods the city will use to improve its direct communication with the public — its clients, the citizens and the media. He emphasized that the message is the key. Public Information Specialist Jim Hanggi completed the slide presentation by giving the history of the city with the Internet. A brief question and answer period followed, during which time Counciimember Sullivan requested more information in reference to page 9 of the Late Communication relative to budget funds in fiscal year 2000/2001 to improve the presence of the city on the Internet. In response to Councilmember Sullivan's inquiry, Communications Director Rich Barnard enumerated several reasons for the need of improvements to the city's communications plan: (2) June 19, 2000 - Council/Agency Minutes - Page 2 1. Currently, there is no city location on the Website (the city uses the Southern California Association of Government's site); 2. An in-house server is required; 3. To create a web page with a unified presence on the Internet; 4. To upgrade the city with state-of-the-art e-commerce in order to meet the public's demands for an interactive system. In reference to an interactive system, Communications Director Barnard informed Council that a consultant is needed to lay out a road map that will enable citizens to pay water bills, pull building permits, and register for classes on-line. City Administrator Silver emphasized the need for a full-time web master to make the home page up-to-date and improve the city's website image. He responded to Mayor Pro Tern Harman's request for a timeline, stating that details and feedback will be presented to Council on October 1, 2000. Mayor Pro Tem Harman concurred with City Administrator Silver's comments that the city's current website is somewhat scattered in appearance. He stated that it would be cost-effective to download documents to pay City Clerk fees, for example. Councilmember Bauer commented on other valuable communications tools available at the public's disposal, such as The Sands Magazine and HB-TV 3. Discussion followed regarding the city's relations with the media in reference to the reporting of recent events, such as the proposed development of the Little Shell wetlands and ocean advisories. Council thanked staff for their reports. Motion to Recess to Closed Session - Approved A motion was made by Bauer, second Sullivan to recess to Closed Session on the following items. The motion carried by the following roll call vote. AYES: Julien, Harman, Sullivan, Garofalo, Green, Bauer NOES: None ABSENT: Dettloff (City Council) Closed Session - Pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director; Daniel Cassidy, Esquire of Liebert, Cassidy and Frierson and Richard Whitmore, Esquire of Whitmore, Johnson & Bolanos regarding labor relations matters - meet and confer with the following employee organizations:, MSOA, POA, PMA, and HBFA. (120.80) (City Council) Closed Session - 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: BrindlelThornas v. City of Huntington Beach. (120.80) (3) June 19, 2000 - Council/Agency Minutes - Page 3 (City Council) Closed Session — 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 Bolsa Chica Land Trust v. California Coastal Commission, Orange County Superior Court Case No. 00CC05991. (120.80) Reconvene City Council/Redevelopment Agency Meeting at 7:05 p.m. No Actions Taken which Require a Reporting Pursuant to Government Code §54957.1(a)(3)(B) Mayor Dave Garofalo asked City Attorney Gail Hutton if there were any actions taken by the City Council or Redevelopment Agency in Closed Session that required a reporting. City Attorney Hutton responded that there were no actions to report. City Council -- Redevelopment Agency Roll Call Present Julien, Sullivan, Harman, Garofalo, Green, Bauer, Dettloff Absent None Flag Ceremony -- Led by Councilmember Pam Julien. Invocation — Led by Councilmember Peter Green. City Clerk Announces Late Communications Which Pertain to Items on the Agenda Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following Late Communications regarding agenda items that had been received following distribution of the agenda: Communication dated June 19, 2000 from the Director of Communications and Special Projects transmitting a slide show presentation. Slide show presentation titled A Communication Plan. Communication dated June 19, 2000 from the Department of Public Works transmitting a report titled Urban Runoff/Coastal Remediation Action Plan. Slide show presentation dated June 19, 2000 from the Department of Public Works titled Urban Runoff/Coastal Remediafion Plan Update. Communication dated June 16, 2000 from Building Industry Association of Southern California, Orange County Chapter (BIA/OC) transmitting their position on the proposed "appraisal update" of the city's local park in -lieu fee. Communication titled City Council Agenda Item D-1— Approve Zoning Text Amendment No. 99-04 (Fee In -Lieu of Parkland Dedication). Communication dated June 19, 2000 from the Director of Community Services transmitting the formula for Park in -Lieu Fees for the Downtown Specific Plan and the updated Capital Improvement Program for the Park Acquisition and Development Fund. Communication titled Park in -Lieu Fees for Downtown Specific Plan. Slide report from the Planning Department titled Park and Recreation in -Lieu Fees. (4) June 19, 2000 - Council/Agency Minutes - Page 4 Communication from Joyce Riddell, President of the Chamber of Commerce dated June 19, 2000 re the Public Hearing on Park and Recreation In -Lieu Fees. Slide report from the Planning Department titled PLC Land Company Annexation and 10-Unit Subdivision. Communication dated June 19, 2000 from the Director of Economic Development transmitting supplemental information regarding the agenda item on the Huntington Center Owner Participation Agreement Request for Proposals. Communication titled Supplemental Information Regarding Agenda Item F-2. Communication dated June 19, 2000 from Aviv L. Tuchman of Tuchman & Associates transmitting Burlington Coat Factory comments and objections. Communication titled Economic Development Department Hearing on Monday June 19, 2000 at 7.00 p.m. regarding its June 2, 2000 letter relative to proposals submitted to redevelop the Huntington Center Mall. Slide show presentation submitted by the Director of Administrative Services to the City Clerk's Office on June 19, 2000. Slide show presentation titled Issuance of Lease Revenue Bonds to Finance Various Projects. Slide report from the Planning Department dated June 19, 2000 titled Establishment of the City's Neighborhood Preservation Program. Slide report from the Planning Department titled Funding Strategy— Part -Time Enforcement Officer to Enforce the Outdoor Dining Ordinance. Memorandum to Council dated June 19, 2000 clarifying a portion of the Traffic Impact Fee Ordinance entitled Interim Traffic Impact Fee Ordinance. Communication dated June 12, 2000 from John W. De Witt transmitting his position regarding the funding of a comprehensive study to provide an ethical and humane animal care facility for the City of Huntington Beach. Communication titled Support for a Study to Improve Our Stray Animal Care (Item "H"). Communication dated June 19, 2000 from Councilmember Pam Julien requesting Council to consider the originally proposed "Surf Circle" entryway art piece. Communication titled "H" Item for June 19, 2000 City Council Meeting — Entryway Art at Pacific Coast Highway and Beach Boulevard. Presentation - To Mayor Dave Garofalo and Ron Hayden, Library Director from Ron Shenkman, Senior Vice President, Rainbow Disposal, of two $1,500 checks to the Library Patrons Foundation for Oak View Branch. Presentation — To Mayor Dave Garofalo and Ron Hagan, Director, Community Services Department from Ron Shenkman, Senior Vice President, Rainbow Disposal, of a check for $4,000 for educational scholarships for Project Self Sufficiency and a check for $2000 to the Council on Aging for Senior Transportation Services. Library Services Manager Jan Halvorsen of the Central Library, was also commended. Presentation — By Mayor Dave Garofalo to Sergeant Bob Teramura, Los Angeles Police Department and owner of the Okinawan Martial Arts Center, a commendation for donating the (5) June 19, 2000 - CouncillAgency Minutes - Page 5 use of his facility to the Huntington Beach Police Department for training sessions of an intensive defensive tactics course. Mr. Teramura generously donated the use of his dojo (facility) for nine weeks, saving the Huntington Beach Police Department a huge amount of money. The rental of a comparable facility would have cost thousands of dollars. Presentation of Mayor's Award - Mayor Dave Garofalo, Public Works Director Robert Beardsley, and Maintenance Operations Manager Don Noble presented the Mayor's Award to Jason Churchill, Leadworker for Street Repairs for his contributions to the Street Repairs and Maintenance Division. The Mayor stated that under Mr. Churchill's supervision the program has improved by 40%. (City Council) Announcement by Mayor Garofalo of His Divestiture of Interests (630.70) Mayor Garofalo spoke relative to his alleged conflict of interest, stating that he followed the reporting procedures as outlined to him. He stated that he had divested himself of any responsibilities with the Local News in all administrative issues, including publishing, design, and graphics, and that he will continue to do so. Mayor Garofalo stated that he has reported to the Fair Political Practices Commission (FPPC) and all other proper agencies. City Clerk Announced an Additional Late Communication The City Clerk announced the following additional Late Communication: Communication dated June 19, 2000 from the Law Firm of Sheppard, Mullin, Richter and Hampton LLP, attorneys representing Montgomery Ward LLC, relative to the agenda item on the Huntington Center Owner Participation Agreement Request for Proposals. Public Comments Slips — 7:00 Portion of Council Meeting At Mayor Garofalo's request, the City Clerk reported that she received approximately 40 Public Comments slips from the members of the public wishing to address Council. Public Comments Maureen Rivers, Pat Stlers, Karen Pederson, Bridgette Kaut and Kelly Rivers, Fourth of July Executive Board members, as a group extended an invitation to all to attend the festivities and parade. Each member spoke respectively to announce the completion of the parade roster and to ask Council support of the board's decisions on the matter. The members stated their roles and responsibilities on the board; thanked the Community Services Department staff for its work; invited everyone to view the fireworks show; and displayed this year's Huntington Beach Fourth of July tee-shirt logo. Steve Walter, Stephanie Walter and Lindsey Walter, Indian Guide and his daughters, Indian Princesses, spoke in opposition to the restriction that prohibits children under the age of nine to walk in the Fourth of July parade. He informed Council that he was unable to locate any city records that ascertain the existence of a contract agreement between the city and Pageantry Productions, the company presumably hired by the Fourth of July Board. Mr. Walter distributed a communication to the City Clerk that outlines these concerns, titled 4 h of July Marching Rules. Ms. Stephanie and Lindsey Walter both expressed their concern that it is not going to be any fun to sit in the wagon. Mr. Walter spoke in opposition to Tommy Hilfiger as a parade sponsor, and asked that Council reconsider and modify the rules. (6) June 19, 2000 - Council/Agency Minutes - Page 6 Mayor Pro Tern Harman inquired how many children were under the age of nine to which Mr. Walter responded that the majority of the children are between the ages of five and eight years old. Councilmember Bauer made the suggestion to allow children under age nine to walk in the parade. Community Services Director Ron Hagan stated that he is going to review the parade rules the following day, in response to Councilmember Julien's request. Jenna Homer reiterated that everyone should be able to walk in the Fourth of July Parade. Ms. Homer informed Council that this is her fourth year to participate in the parade, stating that it is her favorite event as an Indian Princess. Larry Beltramo spoke in opposition to the Fourth of July Parade rules that prohibit young children from walking in the parade. He informed Council that he is an Indian Guide who marched three years in a row. Mr. Beltramo also spoke against the banning of face painting, stating he believes Councilmember Dettloff enjoyed having her face painted a few years ago. He spoke regarding ongoing debates as to the number of people allowed to march in the parade, and expressed his disappointment with the restrictions. Mr. Beltramo stated how family participation in the parade is important to the promotion of friendship and good memories for parents and children. Barry Colburn spoke in opposition to the Fourth of July Parade rule that prohibits children from walking in the parade, stating that it is a bureaucratic and contradictory rule. He expressed his concern that there may be more of a problem of potential liability in placing young children in horse-drawn carts where there is a danger of the animals bolting. Mr. Colburn stated that is preferable that the children are not separated from, but allowed to walk alongside their fathers. Jim Dellorusso, YMCA Indian Princesses Program, expressed his opposition to the rules that ban face painting and prohibit young children from marching in the Fourth of July Parade. Mr. Dellorusso spoke regarding community and family values, and complimented Indian Princesses like his daughter, Jenna who accompanied him at the podium, for livening up the festivities. He stated how only a small fraction of the Indian Princesses are going to be allowed to march; that the majority of the girls will be riding in the wagons with high side walls from which they cannot be seen. Mr. Dellorusso stated that the banning of these traditional, fun, and greatly anticipated events is going to remove the magic from the Huntington Beach Fourth of Juiy parade. He expressed his fear that the event has become driven by the goal to generate revenue. Councilmember Sullivan inquired relative to the conveyances available, if there is enough room in each, and whether there is a one wagon -per Indian Tribe rule. He stated that although this was not the appropriate time to debate health and safety issues, the current situation is unacceptable to him. Councilmember Green requested that the speakers appeal to the parade board, or whoever is in charge, to grant them exemptions. Mayor Garofalo stated that he and Councilmember Julien are going to meet with the Fourth of July Executive Board on Wednesday, July 21, 2000 relative to the speakers' concerns. (7) June 19, 2000 - Council/Agency Minutes - Page 7 Bob Biddle stated that he welcomed the letter from Montgomery Wards stating the company's willingness to remodel its store to fit the new took of the Huntington Center Mall, relative to the agenda item on the Owner Participation Agreements. He also spoke in favor of Councilmember Julien's agenda item on animal welfare, and suggested that if approved, it include the exploration of business partnerships with private sponsors. Mr. Biddle urged caution on the expenditure of funds regarding the agenda item on the proposed construction committee for Oceanview School District. He stated that he is under the impression that Wal-Mart's lease revenue income is going to be responsible for covering any costs of the construction of auditoriums and gymnasiums. Mr. Biddle expressed his anticipation of Mayor Garofalo's response to the inquiries of Mayor Pro Tem Harman and Councilmember Sullivan regarding the alleged conflict of interest issue. Mayor Garofalo informed Council that his response was sent to the Councilmembers that day, and that he intends to furnish a copy to Mr. Biddle. Mike Adams, representing Montgomery Wards, stated his purpose of making introductions of four Chicago representatives including the following two speakers regarding the agenda item on the Huntington Center Mall Owner Participation Agreements: Spencer Heine, Executive Vice President of Montgomery Wards, furnished his qualifications in real estate, construction, the legal department and business development. He informed Council of the assets of the Montgomery Wards Department Store, stating that it ranks among the top three in fine jewelry and furniture sales, and among the top five in appliances in the nation. Mr. Heine described the new prototype store and expressed his enthusiasm for the Owner Participation Agreement selection process. .Jonathan Curtis Attorney -at -Law representing Montgomery Wards, expressed his opposition to the Redevelopment Agency's method of conducting its Request for Proposals (RFP). He presented a history of the RFP process from Montgomery Ward's perspective, alleging that the store has been excluded from the Redevelopment process. Mr. Curtis requested Council to select Montgomery Ward for the Agency's Owner Participation Agreement. Councilmember Dettloff stated that she is mystified by the last speaker's comments, since there has been constant communication with the principals of Montgomery Wards to work out solutions. Councilmember Dettloff stated that the city has always been cooperative, and does not understand the allusion that Montgomery Wards was not afforded the opportunity to be a party to ongoing discussions. Councilmember Bauer took exception to what he perceives as an unfair characterization of the city's position on the Huntington Mall Center Owner Participation Agreement process. He expressed his disappointment at the response that the city has received from Montgomery Wards. Mayor Garofalo requested that City Administrator Ray Silver e-mail him a paper trail of the mechanisms of communication between all parties concerned relative to this matter. Aviv Tuchman, Attorney -at -Law for Burlington Coat Factory, concurred with Councilmember Bauer's statement regarding keeping communication between the city and Montgomery Wards open. He agreed with the last speaker, Mr. Curtis that Montgomery Wards has been excluded from the selection process. Mr. Tuchman informed Council that Burlington Coat Factory is contemplating filing a lawsuit against the landowner, which is the Redevelopment Agency. He (8) June 19, 2000 - Council/Agency Minutes - Page 8 requested that the City Council delay approval of the agenda item relative to the Huntington Center Mail Owner Participation Agreement. Douglas Gray, President of Ezralow Retail Properties expressed his excitement at the opportunity for his company to redevelop the Huntington Center Mall. Mr. Gray urged Council to consider and choose Ezralow for the Owner Participation Agreement. Bruce Hackel, Regional Manager of Burlington Coat Factory presented the background of the retail store. He related the concerns of its employees, who he stated inquire of him daily as to the status of the store at the Huntington Center Mall site. Mr. Hackel expressed the willingness of his company to be selected for the Owner Participation Agreement. Ron McLin, Longboard Restaurant, and member of the Restaurant Association spoke in support of the agenda item on downtown outdoor dining with liquor. He expressed his opposition to the hiring of a Code Enforcement Officer and what he considers as the high fees that the addition of that part-time position will entail. Mr. McLln stated that he would rather have clean, well -swept streets, and that the downtown is not a high crime area. He stated that there are enough available foot patrol and Alcohol and Beverage Control (ABC) officers to enforce the rules. Bruce Miliken, Longboard Restaurant spoke in opposition to the agenda item on the addition of a Code Enforcement Officer for weekend duty. He stated that there is a good resolution now in effect, and that fences and setbacks are in order. Mr. Miliken informed Council that the proposal would be a hardship on businesses; that there are enough foot patrol officers, a police substation, and a multiplicity of vice personnel and patrol cars to keep everything under control. Mr. Miliken requested that the item be extended to a later date. Karen Chepeka, President of Save Our Strays (SOS) spoke in support of Councilmember Julien's agenda item on the feasibility study for a pro -humane shelter. She spoke of the hardship of having to travel to a shelter in Tustin in order to retrieve an impounded pet. Ms. Chepeka handed a petition to the City Clerk listing approximately 1238 signatures asking for Council support of a shelter. Sue Bailey, spoke in support of the feasibility study for an animal shelter. She informed Council of the role of the Save Our Strays (SOS), as a model of success for a non-profit, pro -humane organization. Ms. Bailey handed to the City Clerk, a communication with appendices that describe the organization's fund raising process. She invited everyone to attend a rummage sale that following Saturday, and announced the organization's e-mail address. John DeWitt expressed his support of Counciimember Julien's agenda item for a comprehensive study for an animal shelter. He stated that a "no -kill" shelter is ethical and prudent, and reported what he believes are mismanagement problems and wrongful kills at the County shelter. Mr. DeWitt distributed a communication to Council, stating the need to have a shelter closer than the city of Tustin, which is proposed and is near the cities of Irvine and Mission Viejo which have their own facilities. He suggested that there is a good location for a shelter at Gothard Street and Talbert Avenue. Christine L. Hein asked Council to consider an animal shelter in Huntington Beach, stating that the others are too far away and poorly run. She stated that a "no -kill" shelter is going to promote a higher adoption rate, and spoke against euthanasia, citing incidents of cruelty to animals. (9) June 19, 2000 - Council/Agency Minutes - Page 9 Jerry Hein requested that Council go forward with a "no -kill" animal shelter in the city, both for economic reasons and the better treatment of strays. Sannce Sershen, resident of the Huntington Beach Gables Condominium Complex, expressed her appreciation to Council for its offer of mediation between management and the property owners at her complex on the land lease payment increase issue. Ms. Sershen expressed her support of mobile home rent control and of senior citizens whom she considers to be the greatest of natural resources and the best neighbors a family can have. Doris J. Rondeau, member of the Village Court — Main Street Median Action Committee, requested median landscaping improvements at Main Street, between Delaware and Huntington Streets. She stated that the thoroughfare is the only segment between Beach Boulevard and Pacific Coast Highway that is not landscaped. She presented several reasons for the need of improvements, including the traffic and safety concerns of the members of her Village Court community. Inez Neuenfeldt, resident of Village Court, stated her concurrence with the last speaker, Ms. Rondeau's request for median landscaping improvements at Main Street, between Delaware and Huntington Streets. She stated that it would not be a major financial investment since the area is already tree -lined, and in need only of shrubs and flowers, and a water irrigation maintenance system. Ms. Neuenfeldt urged Council to consider aesthetic, visual impact and health and safety factors as top priority reasons for approving the proposed landscaping project. Michele Turner, informed Council that she is the owner of a downtown restaurant that does not serve liquor, and related the difficulties she encounters in observing the "blue line" rules. Ms. Turner stated that she cannot afford to charge reasonably if she is cited for infractions in maintaining the barrier that regulates the distance between her establishment's outside dining area and the sidewalk curb. Mike Nelson spoke in opposition to the certified letter he received from Wal-Mart that he presented at the .tune 5, 2000 Council meeting. Mr. Nelson spoke relative to the contents of the letter, which he stated is heavy-handed in demanding a release of contractor liability for any equipment failure that may cause damage with Wal-Mart's proposed block wall construction on his property line. Mr. Nelson spoke relative to health and safety issues concerning his family, and those families of the surrounding area if the action proposed by the Amel Retail Group was to take place. Mayor Garofalo requested the last speaker, Mr. Nelson, to provide his phone number. The Mayor informed Mr. Nelson that he is meeting with Mr. Tom Love from Arnel scheduled for June 20, 2000. Mayor Garofalo stated that he is going to take up Mr. Nelson's concerns at that time. Virginia Sims spoke in rebuttal to an article in the Independent Newspaper, stating that she believes statements that Ms. Debbie Cook had made against Mayor Garofalo were slanderous. Ms. Sims informed Council that when the Mayor ran for election, she solicited opinions of him from the city's safety officers, and received only favorable responses. Ms. Sims declared her continued support of Mayor Garofalo. (10) June 19, 2000 - CounciilAgency Minutes - Page 10 Joe Racano spoke relative to what he considers to be loopholes in the Coastal Commission law in regard to the Bolsa Chica mesa. He expressed his belief that the city has its own Local Coastal law that is being invalidated by this loophole. Mr. Racano stated the need for protecting the Little Shell wetlands as the last remaining open space. He spoke in support of the pro - humane animal shelter on the agenda, and in opposition to building the El Toro Airport. William P. Bernard stated the appropriateness of a response from Mayor Garofalo in regard to the alleged conflict of interest issue. Mr. Bernard directed a question to City Administrator Silver relative to the mobile home rent control issue. Mayor Garofalo stated that responses are going to be forthcoming to mitigate Mr. Bernard's concerns. Bill Halpin spoke relative to Mayor Garofalo's alleged conflict of interest issue, stating the seriousness of the accusation, and urging the Mayor to prove himself innocent. Al Caressa spoke in opposition to a communication he brought with him relative to a City Charter amendment being proposed by Ed Laird. Mr. Caressa informed Council that it is known as Section 803, property owners' rights protection measure. He urged Council to consider an affordable housing measure for mobile home owners instead. Mr. Caressa recounted instances of both high and low cost housing encountered by members of his family. John Jankowski, member of Council on Aging, retired California legislator, and senior advocate spoke in support of mobile home rent control. He quoted figures of apartment rental increases from an article in the Orange County Register newspaper. Mr. Jankowski spoke relative to mobile home rent increases at Mariner's Point, and rebutted certain claims being made that mobile home rent control will put park owners out of business. Shirley Goerlach, Los Amigos Mobile Home Park homeowner and member of the Huntington Beach Mobile Home Owners Association (HBMOA) referred to the speaker, Mr. Caressa's comments relative to a petition being circulated. She stated that she believes Ed Laird issued the petition under the misleading title of rent control. Ms. Goerlach expressed her concern that if passed, the proposed Charter amendment would allow mobile home park owners to double and triple rents without recourse from the city. She urged Council to place a mobile home rent control ordinance on the agenda. Steve Gullage, President of the Huntington Beach Mobile Home Association (HBMOA) and President of the Golden State Mobile Home Owners League (GSMOL) expressed his appreciation of Mayor Garofalo's financial divestiture. Mr. Gullage spoke relative to the constitutionality of a mobile home rent control ordinance. He stated that without Council intervention in support of rent control, should Ed Laird's proposed Charter Amendment pass, Council may face litigation for abetting the denial to citizens of their rights. Jim Barker, resident of Los Amigos Mobile Home Park and Communications Director for the Mobile Home Park Association (MHOA) distributed a handout to Council and the City Clerk, explaining that it sets forth City Resolution 96-18, supporting State Proposition No. 199 adopted by Council in March of 1996 to preserve the rights of mobile home owners. Debbie Cook referred to the Council meeting of June 5, 2000 at which time Assistant City Attorney Scott Field addressed Mayor Garofalo's alleged conflict of interest issue. Ms. Cook inquired whether Mr. Field's opinions are those of the City Attorney. She spoke relative to the (11) June 19, 2000 - Council/Agency Minutes - Page 11 importance of checks and balances in government. Ms. Cook provided information on the Fair Political Practices Commission (FPPC). Connie Boardman requested that Mayor Garofalo clear up the allegations of a conflict of interest. She referred to what she believes to be a discrepancy in a transaction of a deed of trust, and asked for resolution of the issue. Ms. Boardman urged Council to deny the agenda item relative to annexation of the Bolsa Chica wetlands. Laura Zohn, member of the Orange County Coast Keepers, spoke relative to the Huntington Beach ocean advisories of last summer. She cautloned that environmental threats are going to worsen if ignored. Ms. Zohn described her local organization as dedicated to preserving the marine habitat through education of the public. She provided a flyer inviting everyone to attend the first annual fundraiser for a clean ocean to be held July 15, 2000 at the Newport Dunes Resort Hotel. Jackie Geier -Lahti spoke regarding a check Mayor Garofalo received from a developer for an ad in the Conference and Visitors Bureau Guide. Ms. Geier -Lahti requested that the Mayor recuse himself from participation in agenda items related to any advertisers in the guide. She stated that she anticipates his letter stating his economic disclosure. Eileen Murphy congratulated Mayor Garofalo for his financial divestiture of any involvement with the Local News. She requested additional information about the check for the Huntington Beach Conference and Visitors Bureau Guide. Ms. Murphy urged Council to uphold the Planning Commission's denial of the Negative Declaration on the public hearing agenda item regarding the PLC Land Company annexation. Gerald Chapman, Vice Chair of the Infrastructure Advisory Committee (IAC) expressed his disappointment at Council denial at the June 9, 2000 meeting, of the committee's recommended action for the citizens to accept a revenue raising increase to help pay for the shortfall. Dr. Chapman cautioned against the practice of not televising adjourned regular Council meetings. Trey stated that he has lived on the streets for the last three -and -a -half years, and that Huntington Beach is the best place to live. He cautioned that an earthquake will harm the streets which have underlying petroleum. John Briscoe presented a portion of a copy of a Council meeting videotape of the City Treasurer's report. He urged Council to protect the City Treasury by investigating his concems. Mr. Briscoe distributed a memo to Council and staff from the Office of the City Treasurer titled Response to John Briscoe's Public Comments on November 2, 1998. Don McGee posed questions as to the fairness of the rents charged by mobile home park owners. He spoke relative to urban runoff and the sewer drainage problem at Geneva and Frankfort Avenues, near his home. Mr. McGee spoke in opposition to low -flying, banner -towing airplanes over the ocean. (12) June 19, 2000 - Council/Agency Minutes - Page 12 (City Council) Tabled Appointments of Mayor Dave Garofalo and Councilmembers Shirley Dettloff and Pam Julien to Serve on a Joint City and Ocean View School District Auditorium and Gymnasium Construction Committee —(For Three School Sites) (120.25) The City Council considered a communication from Mayor Garofalo transmitting the following: The Ocean View School District in the letter of June 7, 2000, has requested a City/School District Committee to explore several potentially joint issues, including the construction of gymnasiums at three of our local middle schools. While there are a number of obvious issues, it is in the best interest of the city's public policy effort to have a committee meet within the scope of their request. Therefore, the appointment of Councilmembers Dettloff and Julien to join me on this committee is recommended. Following discussion, the City Council tabled Mayor Garofalo's proposal to approve the appointment of Councilmembers Dettloff and Julien and Mayor Garofalo to serve on a joint City — Ocean View School District (OVSD) Auditorium and Gymnasium Construction Committee. (City Council) Approved Formation of Recognition of Former Mayors Annual Meeting Proposed by Mayor Dave Garofalo (120.20) The City Council considered a communication from Mayor Garofalo transmitting the following Statement of Issue: During my term as Mayor, I have had the opportunity to do community outreach. One such effort included the former Mayors of Huntington Beach, not currently serving on the City Council. These former Mayors were specifically engaged to participate in the community forum to be held later this summer. They had a request of me. That was to recognize them formally as a Committee of Former Mayors. I am asking them to meet in such a capacity. Their plans are to gather once per year, within say 90 days of the appointment of a new Mayor, and meeting one time to cover some of their interests, and the new Mayor's goals and objectives. With this announcement, I am asking them to gather for such a purpose and for other such purposes that future former Mayors or Councils might consider appropriate. A motion was made by Mayor Garofalo, second Green to recognize the Committee of Former Mayors. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES: Harman ABSENT: None (City Council) Motion Approved to Continue to July 5, 2000 - Public Works Director's Urban Runoff/Coastal Remediation Action Plan — Update for June 2000 (520.30) On motion made by Bauer, second Green, the City Council determined that due to the lateness of the hour (10.00 p.m.), the staff reports would not be made on the following topics for Council consideration that relate to items on the agenda: (City Council) Tabled - Public Works Department Report Re: Community Development Block Grant (CDBG) Sewer Lining Project in the Oakview and Newland Enhancement Areas (600.60) (City Council) Tabled - Public Works Department Report Re: Refuse Service Rates for 2000/2001 (600.45) (13) June 19, 2000 - CouncillAgency Minutes - Page 13 (City Council) Tabled - Public Works Department Report Re: Residential Street Rehabilitation (Slurry Seal and Overlay) of 304 Local Streets (320.20) And further that the Public Works Director's Report on Urban Runoff/Coastal Remediation Action Plan — Update for June 2000 was deferred by the City Council. to the July 5, 2000 City Council meeting. The motion carried unanimously with all present. (City Council) Public Hearing Continued Open From May 15, 2000 —Approved Zoning Text Amendment No. 99-4 Park In -Lieu Fees for Residential Properties — Approved Introduction of Ordinance No. 3468 As Amended — Directed Staff to Conduct a Nexus Study (640.10) Mayor Garofalo announced that this was the time scheduled to consider the following public hearing. Applicant:: City of Huntington Beach Request: To amend Section 254.08 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) addressing the method to calculate parkland in -lieu fees for residential development. Location: 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. Planning Director Howard Zelefsky presented a staff report and referred to a slide report titled Park and Recreation In -Lieu Fees, that had been announced earlier as a Late Communication by the City Clerk. Senior Planner Scott Hess presented an update of a meeting with the Building Industry Association. He referred to a letter from BIA titled City Council Agenda Item D-1—Approve Zoning Text Amendment No. 99-04 (Fee In -Lieu of Parkland Dedication) in support of the Planning Commission's recommended action. The communication was announced by the City Clerk earlier in the meeting and during the public hearing portion as a Late Communication. Planning Commissioner Chair, Dr. Gerald Chapman, at the request of the City Council, presented information as to how the Planning Commission reached its recommendation for approval of the Zoning Text Amendment with modifications. He informed Council that in order to address issues raised by several developers and consultants, the Planning Commission recommends a two-phase approach: (1) The ZTA be approved establishing a method for fees based upon 50% of the average value per acre of citywide parkland; and (2) Direct staff to complete a comprehensive study identifying costs associated with build -out of the Master Plan of Park Improvements. Planning Director Howard Zelefsky referred to a communication dated June 19, 2000 from the Director of Community Services transmitting the formula for Park in -Lieu Fees for the Downtown Specific Plan and the updated Capital Improvement Program for the Park Acquisition and (14) June 19, 2000 - Council/Agency Minutes - Page 14 Development Fund. Communication titled. Park in -Lieu Fees for Downtown Specific Plan was announced by the City Clerk earlier in the meeting and during the public hearing portion as a Late Communication. The City Clerk announced other Late Communications that pertained to items on the Public Hearing as follows: Slide report from the Planning Department titled Park and Recreation in -Lieu Fees. Communication from Joyce Riddell, President of the Chamber of Commerce dated June 19, 2000 re the Public Hearing on Park and Recreation In -Lieu Fees. Slide report from the Planning Department titled PLC Land Company Annexation and 10-Unit Subdivision, Mayor Garofalo declared the public hearing open. Robert Corona, developer, presented reasons why he believes using the proper formula will stop building in the downtown area. He spoke regarding his recommendation on aspects of the matter, including that he would like to see a 90-day window for those coming on board. Lynne Fishel, representative of the Building Industry Association (BIA) stated that the BIA supports the Planning Commission recommendation. In response to Mayor Garofalo, Ms. Fishel stated that in her experience, City of Huntington Beach fees are on the low side. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the hearing was closed by the Mayor. Councilmember Bauer spoke as to why he supports the staff recommendation for approval of the Zoning Tent Amendment as directed by the City Council on November 1, 1999 which requires a site specific appraisal to be submitted to determine the exact park in -lieu fee. Discussion was held between City Council and staff relative to the fee formula. Community Services Director Ron Hagan reported at length regarding the proposed fee. In response to Council, he reported on how two different fees could be charged as a compromise. A motion was made by Bauer, second Sullivan to approve the Staff recommendation for approval of Zoning Text Amendment No. 99-1 with modifications with findings for approval (Attachment No. 1) and after reading by title by the City Clerk, approve introduction of Ordinance No. 3468-A - `An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Section 254.08H Thereof Relating to Park In -Lieu Fees" (Attachment No. 2). The motion failed by the following roll call vote: AYES: Sullivan, Dettloff, Bauer NOES: Julien, Harman, Garofalo, Green ABSENT: None A motion was made by Mayor Pro Tern Harman, second Julien, to approve Planning Commission recommendation for approval of Zoning Text Amendment No. 99-4 with modifications with findings for approval (Attachment No. 4)* and after reading by title by the City Clerk, approve introduction of Ordinance No. 3468 A - "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by (15) June 19, 2000 - Council/Agency Minutes - Page 15 Amending Section 254.08H Thereof Relating to Park In -Lieu Fees" (Attachment No. 5), as amended to change percentage from 50 to 60%, and also direct a Nexus Study to be completed by next year and direct study of the matter of having the fees benefit the neighborhood from which the fees are derived. The motion carried by the following roll call vote: AYES: Julien, Harman, Garofalo, Green NOES: Sullivan, Dettloff, Bauer ABSENT: None `ATTACHMENT NO.4 Findings for Approval ZONING TEXT AMENDMENT NO. 99-4 Suggested Findings for Approval — Zoning Text Amendment No. 99-4: Zoning Text Amendment No. 99-4 amending Chapter 254.08 H of the Huntington Beach Zoning and Subdivision Ordinance addressing methods to calculate required park land in - lieu fees for residential development is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The revised ordinance will allow the City to collect fees necessary to acquire, improve, and rehabilitate park and recreation facilities throughout the City. 2. The change proposed is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The revised ordinance applies to residential development and the method to calculate the required parkland in -lieu fees for residential development. The amendment will be consistent with other provisions in the Zoning and Subdivision Ordinance. 3. A community need is demonstrated for the change proposed. The current land value for park sites has been under assessed and not analyzed since 1990. The new method will ensure that current land values are utilized when calculating parkland in -lieu fees. 4. The adoption will be in conformity with public convenience, general welfare and good zoning practice. The revised ordinance will result in the City's ability to provide sufficient recreational opportunities for its residents and visitors. Motion to Adjourn Meeting — Failed for a Lack of a Second (120.10) A motion was made by Green to adjourn the meeting due to the lateness of the hour, per Council established resolution. The motion failed for a lack of a second. Mayor Garofalo left the Council meeting. (City Council) Public Hearing —Approved 2000-2001 (CDBG) Community Development Block Grant/Home Action Plan (340.70) Mayor Pro Tem Harman announced that this was the time scheduled to consider the following public hearing: To All Interested Agencies, Groups And Persons: Public comments are encouraged and welcome at this City Council public hearing on the 2000-2001 Action Plan in accordance with (16) June 19, 2000 - Council/Agency Minutes - Page 16 the City's Consolidated Plan (CP) as required by the U.S. Department of Housing and Urban Development (HUD) for receipt of $1,681,000 in Community Development Block Grant (CDBG) funds, and $684,000 in HOME Investment Partnership (HOME) funds. The 2000-2001 Action Plan proposes the CDBG and HOME budgets from October 1, 2000 to September 30, 2001, a twelve-month period. The City followed its Citizen Participation Plan. The Citizen Participation Advisory Board (CPAB) held one public hearing on community needs and held subsequent monthly public meetings. Citizens may review and comment on the draft 2000-2001 Action Plan in the Department of Economic Development or at the Central Library. The public comment period will begin June16 and end July 17, 2000. Public comments received during this time will be attached to the Action Plan and sent to HUD. CDBG REVENUE: AMOUNT CDBG 2000-2001 Entitlement Grant $1,681,000 Unprogrammed Funds 235,000 $1,916.000 CDBG PROPOSED ACTIVITIES: City Gym & Pool Sec 108 loan Payment (est.) $240,000 Administration 345,160 Fair Housing Council 38,040 Code Enforcement Program 135,125 Community Job Center 36,692 Oak View Street Light Improvements 40,700 Storm Drain Improvements 397,800 Sewer Repair Projects 230,049 Housing Rehabilitation Loan Program - Administration 130,427 Christmas in April 20,000 Oak View Child Development Center- Rehabilitation 14,607 Adult Day Services 19,000 Boys & Girls Club — Financial Assistance 14,250 Community Service Programs 24,600 Episcopal Service Alliance 10,000 HB Community Clinic 40,000 Internal House Crisis Shelters 15,000 Shelter for the Homeless 6,927 Oak View Community Center 27,314 Oak View Branch Library Literacy Program 29,000 Project Self -Sufficiency 70,000 Seniors Outreach Program 31.409 TOTAL: 1 916 000 HOME Investment Partnership In an effort to expand and preserve its existing affordable housing stock, Huntington Beach has worked with Community }lousing Development Organizations (CHDOs) to acquire multifamily rental properties. These buildings are rehabilitated and then are made available to persons below 60% of Orange County median income for a minimum of 30 years. The CHDO must enter into an agreement with the City that outlines all of the affordability requirements, property maintenance standards, and long-term monitoring requirements that are required by HOME regulations. (17) June 19, 2000 - Council/Agency Minutes - Page 17 The following activities are proposed for the 199912000 HOME program: HOME REVENUE: HOME 1199912000 Entitlement Grant AMOUNT-$685,000 HOME PROPOSED ACTIViTiES: Administration $68,500 Acquisition $616,500 The CP sets local policies and priorities for the development of a viable urban community by providing decent housing and a suitable living environment and expanding economic opportunities principally for low- and moderate - income persons. The city intends to extend and strengthen partnerships among all levels of government and the private sector, including for -profit and non-profit organizations in order to provide for: the production and operation of affordable housing; a suitable living environment improving the safety and livability of neighborhoods; assistance to homeless persons and persons at risk of becoming homeless to obtain appropriate housing, without discrimination on the basis of race, color, religion, sex, national orlgin; familial status, or disability; and expand economic opportunities including job creation and retention. Public comments can be made at the hearing and later during the public review period. A copy of the Draft Action Plan, which includes a detailed listing and description of the proposed activities is available at the Central Library, 7111 Talbert Avenue, Monday through Saturday during normal library hours; and at the Economic Development Department, 5th floor, 2000 Main Street, Huntington Beach, Monday through Friday. Written comments can be addressed to: Connie Brockway, City Clerk, City of Huntington Beach, 2000 Main Street- 2nd floor, Huntington Beach, California 92648. Legal notice as provided to the City Clerk's Office by staff had been published and posted. Mayor Pro Tern Harman opened the public hearing. Jeff Lebow, Chair of the Citizens Participation Advisory Board, spoke relative to the board's' accomplishments on the Community Development Block Grant (CDBG)/Home Action Plan. Mr. Lebow commended Housing/Redevelopment Manager Gus Duran and Senior Department Analyst Luann Brunson of the Economic Development Staff and Council Liaisons Mayor Garofalo and Councilmember Dettloff for their fine work. 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 Mayor Pro Tem Harman. A motion was made by Sullivan, second Bauer to: 1. Approve the 2000/2001 Action Plan (AP), Attachment 1, for the CDBG Program in the amount of $1,681,000 and the HOME Program in the amount of $685,000, for the 2000/2001 program year (October 1, 2000 to September 30, 2001);and Authorize the City Administrator to execute the required certifications; and 2. Authorize submission of the Action Plan to the U. S. Department of Housing and Urban Development. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer NOES: None ABSENT: Garofalo (City Council) Continued Public Hearing (Part 1 of 3 ) Open to July 5, 2000— PLC Land Company Annexation of 2.7 Acres w/o Edwards Street, slo Ellis Avenue, No Fire Station 6 and Negative Declaration (Environmental Status) No. 99-18 — Resolution No. 2000-60 (610.30) (18) June 19, 2000 - Council/Agency Minutes - Page 18 (City Council) Continued Public Hearing (Part 2 of 3) Open to July 5, 2000— Zoning Map Amendment No. 99.2, Zoning Text Amendment No. 00-1, Local Coastal Program Amendment No. 00-1, (PLC Land Co. Zoning Designation) — Introductions of Ordinance No. 3472 and Ordinance No. 3473 (610.30) (City Council) Continued Public Hearing (Part 3 of 3) Open to July 5, 2000— Appeal Filed by PLC Land Company of Planning Commission's Tentative Tract Map no. 15690 and Denial of Conditional Use Permit No. 99-14 (PLC Land Co. 10 Unit Single Family Residential Subdivision) (610.30) Mayor Pro Tern Harman announced that this was the time scheduled for a public hearing to consider the following: Applicant/Appellant: PLC Land Company, c/o Bill Holman Request: To annex and establish a low density residential (Holly Seacliff Specific Plan RL-1) zoning designation on approximately 2.7 acres in order to construct a 10-unit single family residential subdivision on a parcel with greater than a three (3) foot grade differential between the high and low points. The request includes amending the boundaries and text of the City's Local Coastal Program and Holly Seacliff Specific Plan to include the proposed development. Location: West side of Edwards Street, approximately 150 feet south of Ellis Avenue (north of Fire Station). Environmental Status: An initial environmental assessment for the above item was processed and completed in accordance with the California Environmental Quality Act. It was determined that Item #1, with mitigation, would not have any significant environmental effects and that a mitigated negative declaration is warranted. Prior to acting on the request, the City Council must review and act on the negative declaration. The environmental assessment is on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for public inspection and comment by contacting the Planning Department. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Included in the agenda packet are the following: Communication dated June 3, 2000, from FANS (Friends & Neighbors of Seacliff) received in support of appeal (D-3c) Communication dated June 6, 2000, from Heffernan & Boortz, Attorneys at Law, written to PLC Land Company re Public Hearing. A motion was made by Green, second Bauer to continue the public hearing open on the (1.) PLC Land Company Annexation of 2.7 Acres (w/o Edwards Street, slo Ellis Avenue, n/o Fire Station 6) and Negative Declaration (Environmental Status) No. 99-18 and Introduction of Resolution No. 2000-60; and (2.) Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, Local Coastal Program Amendment No. 00-1, (PLC Land Co. Zoning Designation) - Introductions of Ordinance No. 3472 and Ordinance No. 3473; and (3.) Appeal Filed by PLC Land Company of Planning Commission's Tentative Tract Map No. 15690 and Conditional (19) June 19, 2000 - Council/Agency Minutes - Page 19 Denial of Use Permit No. 99-14 (PLC Land Co. 10 Unit Single Family Residential Subdivision to the July 5, 2000 City Council meeting. The motion carried by the following roll call vote. AYES: Julien, Harman, Sullivan, Green, Dettloff, Bauer NOES: None ABSENT: Garofalo Consent Calendar — Items Removed for Separate Discussion Minutes of the City Council/Redevelopment Agency Regular Minutes of June 5, 2000. Sales Tax Agreement Between the City and Applied Computer Solutions (ACS) of Funds and Authorize the Expenditure of Funds. Project Plans and Specifications and Authorize Advertisement for Bids for the Construction of the 5t' Street Parking Plan (Between Walnut and Orange Avenues) CC-1116 — Pursuant to Plaza Almeria Disposition and Development Agreement (DDA). Consent Calendar -- Items Approved On motion by Bauer, second Green, Council approved the following Consent Calendar items, as recommended, to the Consent Calendar. And further, as requested by City Administrator Silver, added to the Consent Calendar and approved the administrative item relative to Holly-Seacliff and Councilmember Julien's item on animal welfare. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green Dettloff, Bauer NOES None (Sullivan — No (Agenda Item on the Oceanview Promenade)) ABSENT: Garofalo (Redevelopment Agency) Approved as to Form - Office Space Lease Between Abdelmuti Development Company and Computer Memory Test Labs, Inc. — Suite 2D Oceanview Promenade -- (Main -Pier Redevelopment Project Area) (600.30) Approved as to Form the Office Space Lease within the Oceanview Promenade between Abdelmuti Development Company and Computer Memory Test Labs, Inc. regarding Suite 2D in the Oceanview Promenade. Councilmember Sullivan requested that his no vote be recorded on this item. (City Council) Approved Amendment No.1 To The Professional Services Contract Between the City and PSOMAS & Associates for Infrastructure Advisory Committee (IAC) Support Services and the Integrated Infrastructure Management Program (LIMP) (600.30) Approved Amendment No. 9 to the Agreement Between the City of Huntington Beach and PSOMAS & Associates, Inc. for Professional Services to Provide Infrastructure Advisory Committee (IAC) Support Services and 11MP Facilitation. (20) June 19, 2000 - Council/Agency Minutes - Page 20 (City Council) Adopted Resolution No. 2000-55 — Recommendation for Orange County Board of Supervisors to Allow County Health Care Agency's Public Health Lab to Advance Test for Source Identification of Pathogens and indicator Bacteria in Ocean Water to Identify Source of Pollution and Contamination (520.30) — Adopted Resolution No. 2000-55 — "A Resolution of the City Council of the City of Huntington Beach Relating to the Development of Local Resources to Identify the Sources of Ocean Water Closures and Watercourse Contamination." The City Council Intergovernmental Relations Committee has reviewed the proposed Resolution and is recommending that the City Council support it. (City Council) Accepted Bid for the 1999-2000 Community Development Block Grant (CDBG) Sewer Sliplining Project: CC-1130 — Sancon Technologies, Inc. - (600.60) 1. Accepted the bid submitted by Sancon Technologies, Inc., 5881 Engineer Drive, Huntington Beach, CA 92649, in the amount of $305,072.50 and authorized the Mayor and City Clerk to execute the contract; and 2. Authorized the Director of Public Works to expend up to an additional 27% to cover change orders in an effort to maximize the amount of sliplining of deteriorated sewers with available funds. (City Council) Approved Amended 2000 Fourth of July Parade Budget — Approved Budget Amendment (960.30) - 1. Approved the 2000 Fourth of July amended parade budget as presented by the Fourth of July Executive Board, not expected to exceed $252,350; and 2. Approved an amendment to the current year budget by appropriating $41,825 to pay for costs for the Year 2000 Fourth of July Celebration and increase the current year revenue estimates by $102,000. (City Council) Adopted Resolution No. 2000.54 Rescinding Resolution No. 2000-48 That Established Reward Money for Murder Case — (Bridgette Ballas) (530.10) --1. Rescinded" Resolution No. 2000-48 adopted May 15, 2000; and 2. Adopted new Resolution No. 2000-54 — 'A Resolution of the City Council of the City of Huntington Beach Repealing Resolution No. 2000-48, which established a Reward for Information Leading to the Arrest and Conviction of the Person or Persons Responsible for the Murder of Bridgette Ballas. " (City Council/Redevelopment Agency) Adopted City Resolutions No. 2000-56 and 2000-57 and Agency Resolutions Nos. 309 and 310 to Approve Policies and Procedures for the City's First Time Home Buyer and Housing Rehabilitation Loan Programs (340.70) City Actions: 1. Adopted Resolution No. 200OZ6 - 'A Resolution of the City Council of the City of Huntington Beach Approving That Certain Document Entitled 'Housing Rehabilitation Loan Program Policies and Procedures — Effective June 19, 2000,' Prepared by the City's Department of Economic Development," and 2. Adopted Resolution No. 2000-57 - "A Resolution of the City Council of the City of Huntington Beach Authorizing the City Administrator or the Director of Economic Development to Execute Loan Documents on Behalf of the City Relating to the City's First Time Home Buyer and Housing Rehabilitation Loan Programs" and Agency Actions: 1. Adopted Resolution No. 309 — "A Resolution of the Redevelopment Agency of the City of Huntington Beach (Agency) Approving that Certain Document Entitled `Housing Rehabilitation Loan Program Policies and Procedures — Effective June 19, 2000,' Prepared by the City of Huntington Beach's Department of Economic Development, "and 2. Adopted Resolution No. 310 — 'A Resolution of the Redevelopment Agency of the City of Huntington Beach Authorizing the Executive Director or the Economic Development Director to Execute Loan Documents on Behalf of the Agency Relating to the Agency's First Time Home Buyer and Housing Rehabilitation Loan Programs." (21) June 19, 2000 - Council/Agency Minutes - Page 21 (City Council) Approved Retention of Current Refuse Service Rates for 2000/2001 -- Rainbow Disposal Company, Inc. - Refuse Collection and Disposal Services Franchise Agreement (600.45) -1. Approved retention of the existing residential refuse service rate of $16.39 per month per unit of service for the time period of July 1, 2000 to June 30, 2001; and 2. Adopted the attached Exhibit A, effective July 1, 2000, as the new Exhibit A of the Refuse Collection and Disposal Services Franchise Agreement. (City Council) Approved the Agreement Between the City and Jenkins & Gilchrist, LLC for Legal Services — Approved Modifications To Insurance Requirements (600.10) 1. Approved Agreement Between the City of Huntington Beach and Jenkins & Gilchrist, a Limited Liability Partnership, for Legal Services, and authorized the Mayor and City Clerk to execute the agreement; and 2. Waived the requirement for an additional insured endorsement for general liability insurance; and 3. Approved a $1,000,000 deductible for the professional liability insurance. (City Council) Approved Appointments/Reappointments to Community Services Commission — Biddle/Borden/Gasparian (110.20) —1. Reappointed Janet Biddle and Bill Borden to fill the two at -large vacancies, and Albert Gasparian to fill the Coast Community College vacancy on the Community Services Commission. Terms to expire June 2004; and 2. Appointed the following as recommended by the respective school district superintendents with terms to expire June 2001: Allen Pogrund Ocean View School District Replaces Dan Moss Brian Rechsteiner H. B. City School District Replaces Shirley Carey Sandra Stahlecker Fountain Valley School District Replaces Diane O'Donnell. Gary Ernst H. B. Union High School District Replaces Michael Simons (City Council) Adopted Resolutions Nos. 2000.58 and 2000-59 To Conduct General Municipal Election to be Held November 7, 2000 — Election of City Officers (Council Members/City Clerk/City Treasurer) (620.20) —1. Adopted Resolution 2000-58 - "A Resolution of the City Council of the City of Huntington Beach Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 7, 2000, for the Election of Certain Officers as Required by the Provisions of the City Charter, "and 2. Adopted Resolution No. 2000-59 — "A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 7, 2000, with the Statewide General Election to be Held on that Date Pursuant to Section 10403 of the Elections Code" (City Council) Authorized Additional Expenditure of Funds for Residential Street Rehabilitation -- Street Slurry and Overlay of 304 Local Streets (320.20) — Authorized the Director of Finance to transfer $400,000 from the unencumbered Gas Tax Fund balance to Account No. E-SF-PW-986-6-32-00 (Residential Slurry). (City Council) Approved Project Plans and Specifications and Authorized Advertisement of Bids for the Beach Maintenance Facility, CC-812 (600.10) —1. Approved the project plans and specifications and authorized the Director of Public Works to request bids for the Beach Maintenance Facility, CC-812; and 2. Approved the attached Sample Construction Contract, subject to award of the contract to the lowest responsive/responsible bidder. (22) June 19, 2000 - Council/Agency Minutes - Page 22 (City Council) Accepted the Painting and Waterproofing of the Civic Center Complex — Industrial Painting and Waterproofing, MSC-403 and Authorized the City Clerk to File the Notice of Completion (600.90) — Accepted the painting and waterproofing by Industrial Painting and Waterproofing of the Civic Center Complex, and authorized the City Clerk to file the Notice of Completion with the County Recorder's Office. (City Council) Approved Project Plans and Specifications and Authorized Advertisement of Bids for the South Beach Phase One Improvements, CC-1106 Between Huntington Street and Beach Blvd — Subject to CALTRANS Approval (600.10) —1. Approved the project plans and specifications and authorized the Director of Public Works to request bids for South Beach Phase One Improvements, CC-1106 contingent upon Caltrans approval of the project plans, specifications and estimate; and 2. Approved the attached Sample Construction Contract, subject to award of the contract to the lowest responsive/responsible bidder. (City Council) Approved Project Plans and Specifications and Authorized Advertisement for Bids for Water Meter Box Replacement; WSC-015 (600.75)-1. Approved the project plans and specifications and authorized the Director of Public Works to solicit bids for the replacement of various water meter boxes throughout the City (WSC-015); and 2. Approved the attached sample contract, subject to award of the contract to the lowest responsive/responsible bidder, and authorized the Mayor and City Clerk to execute an agreement in substantially the same form between the City and the successful bidder. (City Council) Approved Amendment No. 4 to the Agreement Between the City and Engineering Resources, Inc. for Public Works Engineering Development Processing and Inspection Services — (600.10) 1. Approved and authorized the Mayor and City Clerk to execute `Amendment No. 4 to Agreement Between the City of Huntington Beach and Engineering Resources of Southern California, Inc. for Plan Checking and Development Processing;" and 2. Authorized the Finance Director to appropriate $500,000 in General Funds and $300,000 in Water Funds for the agreement. (City Council) Approved the Settlement and Release Agreement Re Brynette Juarez (a Minor) v. City of Huntington Beach- Superior Court of the State of California, Orange County (Case No. 80 49 61) — (600.10) Authorized the Mayor and the City Clerk to sign the Settlement Agreement and Release at the total cost of $125,000. (City Council) Approved Consent For Pending Sale of a 1.09 Acre Property To H.B.U.H.S.D. - slo Yorktown Avenue, elo Goldenwest Street (APN 023-020.07) Holly Seacliff Development Agreement 90-1 — Authorized Execution of Consent to Sales of Property and Assumption of Rights, Duties and Obligations (600.10) —1. Approved, pursuant to Section 4.2 of the Holly Seadiff Development Agreement, the request by MS Vickers 11, LLC, for the City Council to provide consent for the pending sale of a 1.09 acre property (APN 023-020-07) to the Huntington Beach Union High School District; and 2. Approved and authorized the Mayor and City Clerk to execute the "Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties and Obligations by and between the City of Huntington Beach, MS Vickers 11, LLC, and the Huntington Beach Union High School District," and authorized the City Clerk to record said document with the Orange County Recorder. (23) June 19, 2000 - Council/Agency Minutes - Page 23 (City Council) Directed Staff to Study Feasibility of the City Providing Services for Animal Welfare (100.10) —1. Directed the City Administrator to prepare a feasibility study of the city providing a pro -humane animal control facility; and 2. Appropriated $50,000 for the feasibility study from the General Fund. (City Council/Redevelopment Agency) Deferred to July 5, 2000 - Minutes of the City Council/Redevelopment Agency Regular Meetings of June 5, 2000 (120.65) On motion by Bauer, second Green, consideration of the minutes of the City Council/Redevelopment Agency regular meetings of June 5, 2000 was deferred to the July 5, 2000 City Council meeting. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green Dettloff, Bauer NOES: None ABSENT: Garofalo (City Council) Deferred to July 5, 2000 - Sales Tax Agreement Between the City and Applied Computer Solutions (ACS) of Funds and Expenditure of Funds (600.10) On motion by Bauer, second Green, Council deferred to July 5, 2000 the Sales Tax Agreement between the City of Huntington Beach and Applied Computer Solutions and approval of an appropriation of $15,000 from the General Fund Unappropriated Fund Balance for maximum costs for the 1999-2000 Fiscal Year. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green Dettloff, Bauer NOES: None ABSENT: Garofalo (Redevelopment Agency) Deferred to July 5, 2000 - Project Plans and Specifications and Advertisement for Bids for the Construction of the 5t' Street Parking Plan (Between Walnut and Orange Avenues); CC-1116 — Pursuant to Plaza Almeria Disposition and Development Agreement (DDA) — Sample Contract (600.30) On motion by Bauer, second Green, Council deferred project plans and specifications and request for bids for the 5t' Street Parking Plan, CC-1116. and the attached Sample Contact subject to award of the contract to July 5, 2000 Council meeting. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green Dettloff, Bauer NOES: None ABSENT: Garofalo City Administrator Ray Silver stated that due to the complexity of the issue, he is requesting that the item on the Developer Selection From Huntington Center Participation Proposals - Negotiation of An Owner Participation Agreement Between the City and Huntington Center Associates, LLC (Ezralow Company) for the Comprehensive Redevelopment of Huntington Center Mall be moved later in the meeting following the City Clerk's reading of the ordinances by title. Council concurred. (24) June 19, 2000 - Council/Agency Minutes - Page 24 Joint Meeting Between City Council/Redevelopment Agency & Huntington Beach Public Financing Authority (125.40) Huntington Beach Public Financing Authority Members Present Julien, Sullivan, Harman, Green, Dettloff, Bauer Absent Garofalo Public Financing Authority Minutes Approved A motion was made by Green, second Sullivan to approve and adopt minutes of the December 6, 1999 meeting of the Huntington Beach Public Financing Authority as written and on file in the Office of the Secretary. The motion carried unanimously with Director Garofalo absent. (City Council) Adopted Council Resolution No. 2000-62 and Public Finance Authority (PFA) Resolution No.13 Authorizing the Issuance of Lease Revenue Bonds to Finance Various Beach Facilities and Infrastructure Projects — Approved Two Professional Services Contracts: (1) Quint and Thimmig LLP, and (2) Evensen Dodge --Approved Waiver of Insurance Liability Requirements (330.30) The City Council considered a communication from the Administrative Services Director transmitting a request for the City Council and the Huntington Beach Public Finance Authority to adopt resolutions authorizing the issuance of Lease Revenue Bonds to finance the South Beach Phase I, Beach Maintenance Facility, Energy Retrofit, Water Fund Repayment, Adult Sports Complex Environmental Mitigation, South Beach Phase 11 Design, and Emerald Cove refinancing projects, along with professional services contracts with Quint and Thimmig, LLP, and Evensen Dodge for bond counsel and financial advisory services related to the subject projects. Earlier in the meeting, the City Clerk announced the following Late Communication on this item: Slide show presentation submitted by the Director of Administrative Services to the City Clerk's Office on June 19, 2000. Slide show presentation titled Issuance of Lease Revenue Bonds to Finance Various Projects. A motion was made by Green, second Sullivan to 1. Adopt Resolution 2000-62 "A Resolution of the City Council of the City of Huntington Beach Approving Proceedings to Finance and Refinance the Costs of Certain Capital Improvements of the City. Approving Issuance of Lease Revenue Bonds by the Huntington Beach Public Financing Authority for Such Purposes, and Approving Related Documents and Official Actions," and 2. Approve two Professional Services contracts for Bored Counsel and Financial Advisory Services related to the subject financing: (1) Agreement Between the City of Huntington Beach and Quint & Thimmig, LLP, Attorneys at taw, For Bond and Disclosure Counsel Services for the Proposed Huntington Beach Public Financing Authority Lease Revenue Bonds, 2000 Series A (Capital Improvement Financing Project); and (2) Professional Services Contract Between the City of Huntington Beach and Evensen Dodge, Inc. for Financial Advisory Services; and 3. Approve the insurance deductible of $50,000 for the professional liability insurance and waiver of the 30-day cancellation notice for Quint and Thimmig, as recommended by the settlement committee; and 2. Adopt Resolution No.13 of the Public Financing Authority— `A Resolution of the Board of Directors of the Huntington Beach Public Financing Authority Authorizing the Issuance and Sale of Lease Revenue Bonds in an Amount not to Exceed $25,000,000 to Finance and Refinance the Costs (25) June 19, 2000 - CouncillAgency Minutes - Page 25 of Certain Capital Improvements of the City of Huntington Beach, and Approving Related Documents and Official Actions." The motion carried unanimously with Director Garofalo absent. Adjournment Vice Chairman Harman adjourned the annual meeting of the Huntington Beach Public Financing Authority. City Council/Redevelopment Agency Meeting Reconvened (City Council) Deferred to July 5, 2000 - Establishment of Neighborhood Preservation Program (NPP) - Amendment to Planning Department Table of Organization by Adding a Principal Planner, a Code Enforcement Officer, and the Reclassification of a Code Enforcement Officer to a Senior Code Enforcement Officer (700.10) On motion by Bauer, second Green Council deferred to the July 5, 2000 Council meeting the amendment to the Planning Department's Table of Organization by adding a Principal Planner, a Code Enforcement Officer and the reclassification of a Code Enforcement Officer to a Senior Code Enforcement Officer; and the placement of $167,364 in the FY 2000-2001 Budget in the Planning Department for the addition of a Principal Planner, a Code Enforcement Officer, and the reclassification of a Code Enforcement Officer to a Senior Code Enforcement Officer. The motion carried by the following roil call vote: AYES: Julien, Sullivan, Harman, Green Dettloff, Bauer NOES: None ABSENT: Garofalo (City Council) Deferred to July 5, 2000 - Funding Strategy for a Part -Time Code Enforcement Officer to Monitor and Enforce the Outdoor Dining with Alcohol Ordinance — Revised License Agreement — Resolution No. 2000-61 (Amending Resolution No. 5159, the City Fee Schedule) (340.20) On motion by Bauer, second Green Council deferred to July 5, 2000 approval of the funding strategy for a part-time Code Enforcement Officer to monitor and enforce the outdoor dining ordinance by having the downtown business establishments with outdoor dining pay an annual code enforcement fee as part of their license agreement; and 2. the addition of a part-time Code Enforcement Officer with benefits to the Table of Organization for the Planning Department; and 3. Appropriate funds in the amount of $29,750.00 to Planning Department Permanent Salaries (Account No. EAAP L2361 1000), which will be offset by revenue generated by the annual fee and collected by the City Treasurer's Office;and 4. the modification to the TERM, FEE, AND CHARGES section with the new code enforcement fee as shown in the revised Sample "License Agreement By and Between The City of Huntington Beach and For Encroachment into the Public Right -of -Way, "as set forth in (ATTACHMENT NO. 3) and (26) June 19, 2000 - Council/Agency Minutes - Page 26 5. Resolution No. 2000-61 — `A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 5159 Entitled, 'A Resolution of the City Council of the City of Huntington Beach Establishing A City Fee Schedule' as to Fees Charged for Outdoor Dining Purposes (Supplemental Fee Resolution No. 77)."as set forth in (ATTACHMENT NO.4). The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green Dettloff, Bauer NOES: None ABSENT: Garofalo Upon City Administrator Silver's request, the City Clerk concurred to accept one motion to approve adoption of the ordinances on the following two items after reading by titles, and to accept one motion to continue introduction of the ordinance on the third following item. The motion carried by the following roll call vote: AYES: Julien, Harman, Green Dettloff, Bauer NOES: None (Sullivan — No on Ordinance No. 3471) ABSENT: Garofalo (City Council) Adopted Ordinance No. 3471 to Approve Amended and Restated Development Agreement No. 88-1 (R) (Catellus Residential Meadowlark LLC) - Meadowlark Specific Plan Area -- (600 Feet East and North of the Intersection at Balsa Chica and Warner Avenues, South of Heil Avenue) (640.10) Ordinance No. 3471 — "An Ordinance of the City of Huntington Beach Adopting the Amended and Restated Development Agreement No. 88-1(R) By and Between the City of Huntington Beach and Catellus Residential Meadowlark LLC." Introduction approved by Council on June 5, 2000. A motion was made by Green, second Bauer to adopt Ordinance No. 3471 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Green Dettloff, Bauer NOES: Sullivan* ABSENT: Garofalo *After the vote was cast, Councilmember Sullivan requested that his no vote be recorded on this item. (City Council) Adopted Urgency Ordinance No. 3474 (Effective Immediately) Re: an Interim Traffic Impact Fee (340.20) Urgency Ordinance No. 3474 — "An Urgency Ordinance of the City of the City of Huntington Beach Adopting an Interim Traffic Impact Fee Ordinance Pursuant to California Government Code Section 66017(b) and Making Findings in Support Thereof. " A motion was made by Green, second Bauer to adopt Urgency Ordinance No. 3474 (Effective Immediately) after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green Dettloff, Bauer NOES: None ABSENT: Garofalo (27) June 19, 2000 - Council/Agency Minutes - Page 27 (City Council) Deferred to July 5, 2000 - Introduction of Ordinance No. 3469 — To Amend HB Municipal Code Relating to Public Nudity and Approve Introduction of Ordinance No. 3470 — To Amend HB Municipal Code Relating to Penalty for Sexual Oriented Business Regulations Violations (640.10) - 1. Ordinance No. 3469 - "An Ordinance of the Huntington Beach Municipal Code Amending Chapter 9.36 Relating to Public Nudity," and 2. Ordinance No. 3470 -- "An Ordinance of the City of Huntington Beach Amending Chapter 5.70 of the Huntington Beach Municipal Code Relating to Penalty for Violation of Regulations and Requirements of Sexual Businesses." A motion was made by Green, second Bauer to continue presentation of the ordinances to the July 5, 2000 City Council meeting, to allow for additional time to further research the legal issues regarding the regulation of Sex Oriented Businesses. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green Dettloff, Bauer NOES: None ABSENT: Garofalo (Redevelopment Agency) Approved Developer Selection from Huntington Center Participation Proposals - Authorized Negotiation of an Owner Participation Agreement Between the City and Huntington Center Associates, LLC (Ezralow Company) for the Comprehensive Redevelopment of Huntington Center Mall (600.30) The City Council considered a communication from the Economic Development Department, regarding the Redevelopment Agency action of March 3, 2000, issuing a Statement of Interest and Request For Proposal (RFP) letter to all the major property owners and long-term tenants in the Huntington Center redevelopment site. The letters requested proposals for the redevelopment of the entire Huntington Center. Three proposals were submitted (Burlington Coat Factory, The Ezralow Company, and Montgomery Wards). The Agency Board needs to select a respondent to undertake the comprehensive redevelopment of the site. Earlier in the meeting, the City Clerk had announced the following Late Communications on this item: Communication dated June 19, 2000 from the Director of Economic Development transmitting supplemental information regarding Agenda Item F-2. Communication titled Supplemental Information Regarding Agenda Item F-2. Communication dated June 19, 2000 from Aviv L. Tuchman of Tuchman & Associates transmitting Burlington Coat Factory comments and objections. Communication titled Economic Development Department Hearing on Monday June 19, 2000 at 7.-00 p.m. regarding its June 2, 2000 letter regarding proposals submitted to redevelop Huntington Center. Housing Rehabilitation and Redevelopment Agency Manager Gus Duran presented a staff report. Planning Director Howard Zelefsky defined the meaning of a Specific Plan as zoning, and clarified some issues relative to the matter. (28) June 19, 2000 - Council/Agency Minutes - Page 28 Special Counsel to the Redevelopment Agency, Ms. June Ailin representative of Kane, Balmer & Berkman responded to questions of Mayor Pro Tern Harman regarding the 27-page letter from the law firm of Sheppard, Mullin Richter and Hampton, that the City Clerk announced earlier in the meeting as a Late Communication. A motion was made by Dettloff, second Green to direct staff to negotiate an Owner Participation Agreement with Huntington Center Associates, LLC, an Ezralow Company subsidiary, for the comprehensive redevelopment of Huntington Center. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green Dettloff, Bauer NOES: None ABSENT: Garofalo Councilmember Bauer requested that his following item be brought forward. Council concurred. (City Council) Approved Communication Between City Council and County of Orange and the Regional Water Quality Control Board Re Huntington Harbour Water Evaluation Program (520.30) The City Council considered a communication from Councilmember Bauer informing Council that a non -governmental organization under the auspices of the Regional Water Quality Control Board is proposing to monitor the waters in and around Huntington Harbour. A motion was made by Bauer, second Green to request the City Council to communicate with the County and the Regional Water Quality Control Board with reference to the following: 1. Any sampling carried out in the Huntington Harbour, Anaheim Bay, Bolsa Chica areas should be coordinated with the existing County Sampling Program already in place; 2. All samplings should be done by professional personnel trained in the rigors of the -scientific method; 3. The County should begin an evaluation program in the above areas similar to that in the Santa Ana River Talbert Marsh area. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Green Dettloff, Bauer NOES: None ABSENT: Garofalo (City Council) Directed Staff to Include "Surf Circle" Entryway Art Element — South Beach Master Plan (900.30) The City Council considered a communication from Councilmember Julien submitting the issue of entryway art element for Council consideration and possible action a communication from Councilmember Julien that was announced earlier as a Late Communication. After considerable discussion, a motion was made by Julien, second Dettloff to 1. Direct staff to include the "Surf Circle" entryway art piece prepared by the Meehan's in the South Beach Master Plan instead of the "Whalebone" entryway piece, and 2. Direct staff to work with the (29) June 19, 2000 - Council/Agency Minutes - Page 29 Meehan's and the Council subcommittee to develop and recommend a title for the entryway piece. The motion carried by the following roll call vote: AYES: Julien, Green, Dettloff, Bauer NOES: Sullivan, Harman ABSENT: Garofalo Adjournment — City Council/Redevelopment Agency Mayor Pro Tern Harman adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Wednesday, July 5, 2000, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City Clerk and ex-officio Clerk f the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: GBV� City Clerk -Clerk Mayor- irma