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HomeMy WebLinkAbout2002-03-04Minutes City Council/Redevelopment Agency City of Huntington Beach Monday, March 4, 2002 5:00 P.M. - Room B-8. 7:00 P.M. - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 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 Pro Tem Bauer 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 Meeting Roll Call Present: Green, Dettloff, Bauer, Winchell Absent: Cook, Houchen, Boardman (Cook, Houchen and Boardman have requested to be absent from the meeting pursuant to City Council Resolution No. 2001-54.) (City Council/Redevelopment Agency) Study Session Held -- Presentation Made by the Economic Development Department and EDAW Consulting Corporation on the Status of the Draft Edinger Corridor Economic Development Action Plan and Specific Plan (1-405 Freeway and Beach Boulevard) (600.10) The City Council considered a communication from the Economic Development Department titled Study Session on the Current Status of the Edinger Corridor Economic Development Action Plan and Specific Plan which was included in the agenda packet. Economic Development Director David Biggs and Ken Ryan, the Consultant from EDAW Corporation presented. City Administrator Ray Silver introduced Economic Development Director David Biggs, who provided the background, and an overview on the status of the Draft Edinger Corridor Economic Development Action Plan and Specific Plan. He presented the goals and objectives, including: 1. Tying in key land uses in the area that are not inter -related; 2. Capturing revenue leakage; and 3. Performing a reality check regarding tenant types for Huntington Center Mall. Director Biggs informed Council that the Planning Commission was invited to attend this Study Session so they could receive the same update as the City Councilmembers. (2) March 4, 2002 - Council/Agency Minutes - Page 2 He advised there was an earlier analysis on the Edinger Corridor project and the city has now entered into a contract with EDAW, a planning consulting firm. Director Biggs stated the Huntington Beach Mall redevelopment would be a catalyst for change in the area. Director Biggs informed Council that he expects the Planning Commission and City Council to consider the Edinger Corridor Plan sometime this summer. Director Biggs stated the goals are fivefold: 1. Lessen processing time for development projects in the area. 2. Enhance the visual identity of the area. 3. Provide a larger array of goods and services. 4. Provide more jobs for local residents. 5. Provide more sales tax to fund essential city services. Director Biggs reported that there have been three workshops held in the past on the subject of Edinger Corridor redevelopment for the purpose of developing implementation strategies for the key commercial centers. He stated that the meetings provided three frameworks; and translated the legends for these three alternative levels of development for the area: 1. Alternative 1 - Short term, low intensity level of development; 2. Alternative 2 - Mid-term, higher intensity level of development; or 3. Alternative 3 - Upper and longer term, highest intensity level of development. Director Biggs announced the key city redevelopment goal is to expedite the recycling of this area with the Huntington Center Mall being the major catalyst. He informed Council that we have applied for grants through public/private partnership programs, to help pay for the redevelopment of the Edinger Corridor. Director Biggs described the enhancement and new image or "identity" of the Edinger Corridor and introduced Ken Ryan, representative of EDAW Consulting Corporation. Mr. Ryan presented information from EDAW Corporation's study on the Edinger Corridor including visual enhancement of the area, land use, design, traffic, and market realities. Mr. Ryan stated the area is a "diamond in the rough" with high visibility and a spectacular address. Mr. Ryan suggested that staff try to create a plan for informed decisions to be made with regards to the redevelopment of the Huntington Center Mall and the entire Edinger Corridor. The consultant stated it is a large enough area to capture sales tax leakage. His presentation included EDAW Corporation's analysis of options for change in the Edinger Corridor with the aforementioned three frameworks of alternate land use plans, either aggressive or passive, depending on what Council decides. Mr. Ryan referred to wall diagrams, stating that they depict the general guidelines for project area identity needs. He described enhancement by logo and signage options relating to image, and tying the entire Edinger Corridor together with landscaping. Mr. Ryan mentioned his company's suggested catch phrases, including "The Edge of Huntington Beach" and "The Cutting Edge." He stated that it is landscape, and not architecture, that ties in the project area. Mr. Ryan presented renderings, which include palm trees he stated will improve the visual impact of the Corridor as seen from the freeway. (3) March 4, 2002 - Council/Agency Minutes - Page 3 Mr. Ryan also noted a great potential for Golden West College involvement and perhaps "cluster" home design with neighborhoods within walking distance of the college and the Huntington Center Mall. Mr. Ryan also mentioned the opportunity of having involvement from the City of Westminster, since it borders part of the Edinger Corridor. He concluded his presentation. Councilmember Dettloff complimented Director Biggs and Mr. Ryan on a "great report" and inquired about ways to change the lower -end businesses in the area. Director Biggs responded there are plans of preapproval for certain types of businesses, which might help recycle the area. He suggested incentives for new businesses to open, stating goals of providing a business -friendly atmosphere. Director Biggs added the Levitz Furniture property has a major warehouse that may be relocated in the future. Councilmember Dettloff approved of the idea of tying the Edinger Corridor together with landscaping and suggested the landscaping be done early to entice new business. Councilmember Green provided insight that the Golden West College area would be ideal for affordable housing and the current college administration has voiced interest in new possibilities. Councilmember Green informed Council that Golden West College receives two million dollars per year in revenue from their swap meet and it may be difficult to redevelop that property. Director Biggs responded there were mixed opinions received during workshops held with members of the Golden West College community, but the Edinger Corridor redevelopment project still may be a great opportunity to involve the school. Discussion followed describing Golden West College and the Beach/Edinger Corridor as "key portals;" that the mixed -use design will allow for the revitalization of the residential district, and Mr. Ryan suggested that the "mini town & gown" project may be a possibility. Mayor Pro Tern Bauer stated Huntington Center Mall is actually the hub of the project and inquired on the progress of the mail itself. Ken Ryan responded EDAW Corporation plans to present the entire Edinger Corridor redevelopment program, which includes the mail project, to the Planning Commission and City Council in April 2002. Councilmember Dettloff inquired if it will be the same process will be used as in the McDonnell Douglas project. Ken Ryan replied it would be the same process once Council approves the standards and design criteria of the Specific Plan. Motion to Recess to Closed Session — Approved A motion was made by Winchell, second Dettloff to recess to Closed Session on the following items. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Winchell NOES: None ABSENT: Cook, Houchen, Boardman (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 Scottsdale Insurance Co. v. City of Huntington Beach, Orange County Superior Court Case No. 761735. Subject: Scottsdale Insurance Co. v. City of Huntington Beach. (120.80) (4) March 4, 2002 - Council/Agency Minutes - Page 4 (City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with its designated representatives, Agency Negotiators: William Workman, Assistant City Administrator; Clay Martin, Director of Administrative Services; Ronald Hagan, Director of Community Services; Richard Whitmore, Esq. of Whitmore, Johnson & Bolanos; and Steven M. Berliner, Esq. and. Daniel Cassidy, Esq, of Liebert, Cassidy and Frierson regarding labor relations matters — meet and confer with the following employee organizations: HBMEA, HBMEO, HBFMA and HBMSOA. Subject: Labor Relations — Meet & Confer. (120.80) Reconvened City Council/Redevelopment Agency Meeting - 7:00 P.M. - Council Chambers Present: Green, Dettloff, Bauer, Winchell Absent: Cook, Houchen, Boardman (Cook, Houchen and Boardman have requested to be absent from the meeting pursuant to City Council Resolution No. 2001-54.) No Actions Taken Which Require a Reporting Pursuant to Government Code §54957.1(a) (3) (B)). Mayor Pro Tern Bauer 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. Pledge of Allegiance — Troop 1176 Junior Girl Scouts, from St. Bonaventure Catholic School, Huntington Beach. Leader Cheryl O'Dell and Co -Leader Sheila Shey. The City Clerk Announced Late Communications Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced Late Communications regarding agenda items that had been received by her office following distribution of the agenda packet: Communication dated March 4, 2002 from Bob Polkow transmitting his opinion regarding contacting the Orange County Sheriffs Department for contracted services. Communication titled Contract with Sheriffs Department. Slide show presentation dated March 4, 2002 from the Department of Economic Development titled Special Tax Financing Improvement Code Update. Presentation -- By Mayor Debbie Cook, Proclamations to Miss Huntington Beach, Randi Lynne Galbraith; Vt Runner Up, Lynette Hibben and 2Id Runner Up, Bridget Nicole Dixon. Escorting the women will be June Dugmore, Executive Director, Miss Huntington Beach Scholarship Pageant; Jackie Judd, Co -Director and Carol Ann Wall, Chair, Women in Action, Huntington Beach Chamber of Commerce. (160.40) Public Comments Wendy Mello spoke regarding the danger of a condemned property and its surrounding area, which had been brought to her attention by a student at Marine View School. Ms. Mello distributed photographs to the City Council and the City Clerk, stating that she had spoken to the (5) March 4, 2002 - Council/Agency Minutes - Page 5 School Principal about the visual blight. (City Administrator Ray Silver stated that the city is working on this matter with the County, which is the property owner.) Robert Thomas objected to what he alleged as the blockage of access to a city controlled park by the Ocean View School District. Mr. Thomas suggested that a public hearing be held on the matter. Clem Dominguez urged voter approval of City Measure HH on the March 5, 2002 Special Municipal Election ballot. He stated his belief that the proposed gas tax for the power plant is not the double tax it is being characterized. Mr. Dominguez requested Council adopt a motion in support of the removal of any tax exclusion provision for power plants in the Municipal Code. Debbie Borden protested the absence of the Invocation at the Council meeting. Ms. Borden recited The Lord's Prayer. Norm Westwell lauded Mayor Pro Tem Bauer for his Council agenda item requesting a staff report relative to a policy on prevailing wage rates for outside vendors or contractors. Mr. Westwell stated his belief that the recommended action is a step in the right direction. Barbara Lichman urged a "no" vote on County Measure W on the March 5, 2002 ballot. She spoke regarding the increased flight paths if the Great Park is developed instead of an airport. Ms. Lichman cautioned that the open space will be designated as a high-rise building area and become very costly. Larry Root spoke in opposition to County Measure W. Mr. Root concurred with the previous speaker regarding the cost-effectiveness of building an airport versus a park. David Geddes, a first time voter, urged other young people to register and vote in the Special Municipal Election of March 5, 2002. Tony Zarkades spoke in support of City Measure HH repealing the gas tax exclusion for the power plant, which is on the March 5, 2002 Special Municipal Election ballot. Mr. Zarkades provided reasons why he believes it is no longer appropriate to exclude utility companies from taxation. Rex Ricks spoke in opposition to the development of a Great Park, which is being proposed in County Measure W. Mr. Ricks referred to the campaign mailers and cited excerpts from newspaper articles in support of his position on the matter. Gerald Chapman, Vice Chair, Infrastructure Advisory Committee, spoke regarding the makeup of the IAC and the amount of time that the committee has invested in working to place City Measures FF, GG and HH on the March 5, 2002 Special Municipal Election ballot. He stated the purpose of the proposed infrastructure fund; that passage of Measures FF and GG would guarantee that the city spends 15% of the General Fund money for such improvements. Dr. Chapman rebutted the claims made in an article in the Orange County Register that City Measures FF and GG were placed on the ballot merely to put HH into effect. Don Hansen encouraged a "yes" vote on Ballot Measure EE, the Property Owners' Rights Charter Amendment for the March 5, 2002 Special Municipal Election. Mr. Hansen stated he finds rent control as prohibitive of conditions in the sale, lease or rental of property. (6) March 4, 2002 - CouncillAgency Minutes - Page 6 Allan Beek stated his opposition to the development of a Great Park proposed in County Measure W for reasons of cost to the taxpayer. Mr. Beek expressed his belief that the measure's definition of open space will allow for high rise buildings and other such uses of the former site of the El Toro Airport. Alan Dauger, Infrastructure Advisory Committee member, spoke in favor of City Measure EE on the March 5, 2002 Special Municipal Election ballot. He stated the belief that the measure protects the free enterprise system. Mr. Dauger also spoke in support of City Measure FF to guarantee that 15% of the General Fund is spent on needed infrastructure improvements. Christopher Ahlswede spoke in support of City Measure EE, stating reasons as a renter that he is in pursuit of homeownership. Mr. Ahlswede expressed the belief that rent control threatens property ownership rights. Joey Racano, member, Ocean Outfali Group, informed Council that he is in opposition to City Measure EE and in support of City Measures DD, FF, GG and HH, as well as favoring County Measure W on the March 5, 2002 election ballot. He spoke in opposition to a Federal Section 301-H waiver from compliance with the Clean Water Act, being granted to the Orange County Sanitation District. Mr. Racano informed Council that the OOG found that discharge from the sanitation plant is at the root of the problem. He urged that State Assemblyman Tom Harman be contacted and requested to revise his legislation, Assembly Bill 1892 to get rid of the waiver. Don McGee spoke regarding the March 5, 2002 Special Municipal Election, voicing his opposition to City Measure EE and his approval of Measure HH. He stated that he is also in favor of Measure W on the County Election ballot. Mr. McGee expressed the concern that the AES power plant should pay its fair share of the gas tax. Bonnie Cayer encouraged a "yes" vote on the development of a Great Park with the passage of County Measure W for the March 5, 2002 Election. Ms. Cayer stated opposition to an airport being built on the former El Toro Airport site for reasons of pollution, noise and traffic. The following ten speakers declared themselves as the "EE Group" and individually stated their opposition to Measure EE, the Property Owners' Rights Charter Amendment on the Special Municipal Election Ballot of March 5, 2002: 1. Steve Ray gave reasons for his opposition to Measure EE, commending the City Council for passing an official resolution stating its position on the issue. Mr. Ray stated that the proponents of the measure are outsiders who are not residents of the city. 2. Linda Hernandez expressed concern that Measure EE will price the elderly and mobile horse park residents out of their homes with excessive rent gouging. Ms. Hernandez stated that property values will rapidly decline and outside interests will take over the housing industry. 3. Al Caraccia spoke regarding his background in the Armed Forces and familial ties, in addition to voicing his opposition to Measure EE. (7) March 4, 2002 - Council/Agency Minutes - Page 7 4. Vangee Oberschlake furnished reasons for her opposition to Measure EE; that its passage will set a precedent to negatively affect affordable housing, and cause difficulty for renters, the most vulnerable group. 5. Barry Wally, Huntington Shorecliffs Mobile Home Park resident, spoke regarding mobile home space rents and other costs. He informed .Council that the rental costs increased by the Consumer Price Index (CPl), is usually ten percent higher than Social Security benefit increases. Mr. Wally spoke regarding inequitable practices and stated the need for rent stabilization. He cautioned that if it passes, Measure EE will remove renters' rights and result in costly legal challenges. 6. Bill Bernard read a letter written by a collaborative group organized to create systemic change for homeowners. Mr. Bernard requested support against Measure EE, informing Council that a national shortage of affordable units has increased housing costs. He stated that Measure EE will further restrict low wage, senior citizens and others on a fixed income. 7. John Jankowski spoke in opposition to Measure EE as part of a monopoly in the housing industry. Mr. Jankowski requested government protection against rent gouging. 8. Jim Barker expressed his gratitude to Council for taking a stand against Measure EE, which he stated has polarized voters in Huntington Beach into two camps. Mr. Barker informed Council that there is a stand-off between mobile home owners and mobile home park owners. 9. Robert Lupo encouraged voters to reject Measure EE, warning that the bulk of the financing comes from outside the city and the state. He cautioned that if it passes, the measure will allow its proponents to inflate rents without fear of legal recourse and thereby acquire defaulted homes of fixed income seniors. Mr. Lupo expressed the belief that Measure EE will take away Council's constitutional rights to protect its citizens. 10. Steve Guilage expressed his gratitude that Council has taken a stand in opposition to Measure EE. He stated his belief that Measure EE is not about rent control, but about de -regulation of the housing market. Mr. Gullage cautioned that de -regulation will allow mobile home park owners to manipulate the housing industry, which he remarked, is already under their control. Robert Cronk read excerpts from the Attorney General relative to sex offenses against minors. He alleged that the Police Department does not have the Megan's Law computerized access available to alert citizens of sexual predators living in the community. Mr Cronk suggested that Council agendize the item to force the issue. Aaron Elder spoke in opposition to County Measure W, stating that it neither creates a park nor designates open space. He expressed his belief that Measure W will result in destroying an option for an airport on the former El Toro site. Mr. Elder spoke against what he anticipates will result in noisy, low -flying airplanes with the proposed air flight expansion of John Wayne Airport. He delivered a slide presentation to illustrate his contention. Helen Barker commended Council's opposition to Measure EE as a means of seeking and retaining quality of life in Huntington Beach. She urged Council to impose a rent stabilization ordinance. Ms. Barker stated the intent to note that Measure EE is about rent de -regulation. (8) March 4, 2002 - Council/Agency Minutes - Page 8 Lou Baker stated his approval of Ron Davis as the best -qualified candidate to have applied for the past Council seat vacated by the resignation of Dave Garofalo. Mr. Baker spoke regarding ocean pollution, informing Council of the detrimental effects of bleach on marine wildlife. He related what he perceives to be the nature of the Mayor's involvement in County Measure W. Mr. Baker stated that he is in favor of open space but recommends that the city not pass up the opportunity for revenue presented with the proposed development of an airport. Diane Lenning spoke in support of Measure EE. She stated that she sympathizes with senior citizens due to spiraling rent costs, and wishes to inform them that there is alternative rental assistance program available, without undermining the free enterprise system. Ms. Lenning spoke against rent control and provided reasons why she believes it will adversely affect all citizens. Dave Sullivan urged a "no" vote on Measure EE, providing reasons due to the short supply of rental property and its effect on renters on a fixed income. He related what he perceives as the abuse of the free enterprise system, suggesting that government intervention is needed. Dr. Sullivan encouraged a "yes" vote on Measure W, stating that Orange County does not need an international airport. He spoke regarding the El Toro air freight usage for Pacific Rim countries and noisy, expanded flight paths. Dr. Sullivan stated his approval of the development of a Great Park; that it will not require additional taxes. (City Council) Announcement Made of Appointment of Rick Ganulin to the Investment Advisory Board by City Councilmember Grace Winchell (110.20) Councilmember Winchell announced her appointment of Rick Ganulin to the Investment Advisory Board. The City Clerk was directed to record in the official Council minutes the Council appointment made by Councilmember Winchell of Rick Ganulin to the Investment Advisory Board. (City Council) Announcement Made of Appointment of Violet Cowden to the Fourth of July Board by City Councilmember Connie Boardman Due to the Resignation of Robin Dujanovic (110.20) Mayor Pro Terry Bauer reported that Councilmember Boardman who was absent at the meeting, requested that he announce her new appointment of Violet Cowden to the Fourth of July Board due to the recent resignation of Robin Dujanovic. Mayor Pro Tom Bauer thanked the resigning member for devoted service. The City Clerk was directed to record in the official Council minutes the Council appointment made by Councilmember Boardman of Violet Cowden to the Fourth of July Board. (City Council) Presentation Made by Mayor Pro Tom Ralph Bauer Regarding the West Orange County Cities Association (WOCCA) Status Report of the Orange County Transportation Authority (OCTA) Project Definition Study Including the Result of a Preliminary Rail Feasibility Study (940.50) Mayor Pro Tern Bauer provided an oral report on the status of the West Orange County Project Definition Study currently in progress by the Orange County Transportation Authority (OCTA). The study is a detailed evaluation of possible transit technologies and travel corridors in West Orange County and is the result of a preliminary rail feasibility study completed by the West Orange County Cities Association in June 2000. (9) March 4, 2002 - Council/Agency Minutes - Page 9 Mayor Pro Tern Bauer reported on the anticipated need to find alternatives to transportation, including light and high-speed rail systems. He referred to a map on the wall, which is also included in the agenda packet, titled Alternative B — BRTon the PE RIW— WOG Project Definition Study. Mayor Pro Tern Bauer introduced OCTA Representative Paul Rodriguez as present in the audience. Mayor Pro Tern Bauer referred to the Mayor's upcoming Training Workshop regarding Regional Transportation Issues. (City Council) Public Hearing - Approved Zoning Text Amendment No. 02-03 Affecting the Ellis-Goldenwest Specific Plan — Approved Introduction of Ordinance No. 3542 Repealing Ordinance No. 3287 (Relating to Designation of a Future Neighborhood Park Site Per Settlement and Release Agreement Approved Between Brindle/Thomas, at al. and City, OCSC No. 750203) (450.30) Mayor Pro Tern Bauer announced that this was the time scheduled for a public hearing to consider the following: Applicant: City of Huntington Beach, City Attorney' Office. (The Settlement and Release Agreement was approved by the City Council on January 7, 2002.) Request: To amend Specific Plan No. 7 (Ellis-Goldenwest Specific Plan) by repealing Ordinance No. 3287. The repeal of the Ordinance would remove the neighborhood park site designation from Tract 306 within the Specific Plan area. Location: Ellis-Goldenwest Quartersection (between Ellis and Garfield Avenues and Edwards and Goldenwest Streets). Environmental Status: This item is 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. City Administrator Ray Silver and City Attorney reported on the settlement of the lawsuit and the rezoning of the property. Mayor Pro Tern Bauer declared the public hearing open. Gerald Chapman, resident of the Ellis-Goldenwest Specific Plan Quartersection area, quoted Page No. D-1.2 of the staff report relative to the effect of the repeal of Ordinance No. 3287 on the neighborhood park in question. He inquired if the Legislative Draft included with the staff report is correct. Dr. Chapman spoke regarding the value of the residential property to be conveyed to the Brindle and the Thomas families. He requested that the neighborhood park site designation remain as it was in the original Specific Plan, prior to the adoption of Ordinance No. 3287. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the Mayor Pro Tern declared the public hearing closed. (10) March 4, 2002 - Council/Agency Minutes - Page 10 Planning Director Howard Zelefsky ascertained for the public speaker that the Legislative Draft is correct. City Attorney Gail Hutton responded to Mayor Pro Tern Bauer relative to the legal ramifications of the decision, stating that the damages can be substantially greater than mandated by the court if the city does not comply. A motion was made by Dettloff, second Green after City Clerk read by title, to approve introduction of Ordinance No. 3542 — "An Ordinance of the City of Huntington Beach Repealing Ordinance No. 3287 Related to the Designation of a Future Park Site Within the Ellis -Golden west Specific Plan Area." The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Winchell NOES: None ABSENT: Cook, Houchen, Boardman (City Council) Public Hearing Opened and Continued Open to March 18, 2002 to Consider Approval of Zoning Map Amendment No. 01-03 of Subareas Athrough D (General Plan Consistency) — Approve Introduction of Ordinance Nos. 3543, 3544, 3545, and 3547 (440.50) Mayor Pro Tern Bauer declared that this was the time for a public gearing to consider the following: Applicant: City of Huntington Beach, Planning Department. Request: To rezone four subareas of properties to make the zoning designations consistent with the current General Plan land use designations as follows: Subarea A (McCallen Park/Boy's and Girl's Club): Rezone from RM-O (Residential Medium Density with Oil District Overlay) to OS -PR (Open Space -Park and Recreation). Location: 2309 Delaware Street (west side, south of Yorktown Avenue). Subarea B (Church of Jesus Christ of Latter Day Saints): Rezone from RM (Residential Medium Density) to PS (Public -Semipublic). Location: 19191 17th Street (west side, north of Clay Avenue). Subarea C (Water Division OfficeNard): Rezone from IL (Limited Industrial) to PS (Public - Semipublic). Location: 19001 Huntington Street (southwest corner of Huntington Street and Garfield Avenue). Subarea D (Seniors Center): Rezone from OS -PR (Open Space -Park and Recreation) to PS (Public -Semipublic). Location: 1706 Orange Avenue (northwest corner of 17'h Street and Orange Avenue). Environmental Status: This item is covered under Final Environmental Impact Report No. 94-1. A PowerPoint presentation titled Zoning Map Amendment No. 01-03 (General Plan Consistency) was included in the agenda packet. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. (11) March 4, 2002 - Council/Agency Minutes - Page 11 Mayor Pro Tem Bauer declared the public hearing open. Dave Sullivan quoted Charter Amendment C, which he stated he had co-authored. He spoke regarding this agenda item as requiring a Measure C vote of the people for the disposition of the parkland. Dr. Sullivan stated that he had spoken with the Mayor as the co-author and driving force behind the measure. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the Mayor Pro Tem declared the public hearing continued open. A motion was made by Winchell, second Green to open the public hearing and continue the public hearing open to March 18, 2002. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Winchell NOES: None ABSENT: Cook, Houchen, Boardman Consent Calendar -- Items Approved On motion by Green second Bauer, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Green, Bauer, Dettloff, Winchell (Winchell - ABSTAIN - January 28, 2002 and February 1, 2002 minutes - meetings held prior to Council appointment date of February 2, 2002) NOES: None ABSENT: Cook, Houchen, Boardman, (City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency Adjourned Regular Meetings of January 28, February 1, and February 2, 2002 and Regular Meetings of February 4, 2002 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (City Council) Approved Amendment No. 1 to Grant Agreement Between City and Huntington Beach Conference and Visitors Bureau for Public Relations Services (600.10) Approved and authorized execution by the Mayor and City Clerk of Amendment No. 7 to Grant Agreement Between the City of Huntington Beach and the Huntington Beach Conference and Visitors Bureau for Public Relations Services for the 2001102 Fiscal Year for an amount not to exceed $200,000. Submitted by the Economic Development Director. Funding Source: Budget for FY 2001-02 as part of the $200,000 authorized for the Huntington Beach Conference and Visitors Bureau. (City Council) Adopted Resolution No. 2002-13 Authorizing Certain City Officials, City Employees and Hinderliter de Llamas and Associates to Access Sales and Use Tax Records (600.10) — Adopted Resolution No. 2002-13 — "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 5945 and Authorizing Certain City Officials, City Employees and Hinderliter, de Llamas & Associates Access to Sales and Use Tax Records Pursuant to Section 7056 of the Revenue and Taxation Code." Submitted by the Administrative Services Director. Funding Source: Not Applicable. (12) March 4, 2002 - Council/Agency Minutes - Page 12 (City Council) Approved Amendment No. 1 to Agreement with RBF Consulting (Formerly Known as Robert Bein, William Frost and Associates) for Professional Contract Services for the Pump and Facilities Installation on Water Well No. 12; CC 1119 (Adjacent to the Boeing Company's McDonnell Centre Business Park on Rancho Road) (600.10) — 1. Approved Amendment No. 1 to Agreement Between the City of Huntington Beach and Robert Bein, William Frost & Associates, Now Known as "RBF Consulting" for Consulting Services for Water Well No. 12 Pump and Facilities Installation (CC 1119); and 2. Authorized the Mayor and City Clerk to execute the amendment. Submitted by the Public Works Director. Funding Source: Water Master Plan Fund $29,128. (City Council) Approved the City Attorney to Sign the Consent Letter for Best, Best and Krieger to Represent the Orange County Superior Court Through the Judicial Council of California, Administrative Office of the Courts to Review New Joint Powers Agreement for the Integrated Law and Justice Agency (600.10) — Authorized the City Attorney to sign the Consent Letter for Best Best & Krieger to represent the Orange County Superior Court in reviewing and drafting the Joint Powers Agreement for the Integrated Law and Justice Agency. Submitted by the City Attorney. Funding Source: No funding required. (City Council) Accepted Bid and Award the Construction Contract to Fleming Environmental, Inc. for the Fuel Pump Island Canopy at the Fire Training Facility, CC-1172 (18311 Gothard Street) — Approved Expenditure of Funds (in Conformance with the Clean Water Act, Under the City's National Pollutant Discharge Elimination System (NPDES) Permit) (600.80) —1. Accepted the bid submitted by Fleming Environmental, Inc. for the construction of the Fuel Pump Island Canopy and authorized the Mayor and City Clerk to execute an appropriate construction contract in the amount of $73,750 for the construction of the Fuel Pump Island Canopy CC-1172; and 2. Authorized the Director of Public Works to expend up to $85,000, which includes the contract cost of $73,750, estimated construction contingency of $7,375 and $3,875 in undesignated supplemental expenditures. Submitted by the Fire Chief/Information Systems Director and the Public Works Director. Funding Source: $85,000 -- Fuel Pump Island Canopy and General Fund, Fire Suppression, Capital Expenditure Account. (City Council) Approved Implementation of Settlement and Release Agreement and Payment of Funds (by Approving Grant Deed and Grant of Easement Documents) Between Brindle/Thomas and the City of Huntington Beach Re, the Matter- of Brindle, et al. v. City of Huntington Beach, et al., OCSC 750203 Affecting Ellis-Goldenwest Specific Plan (Neighborhood Park Site Designation) (600.10) —1. Approved and authorized Mayor (or Mayor Pro Tem) to execute and the City Clerk to attest to the Grant Deed and Grant of Easement documents in substantially the form as attached hereto as Attachments 1 and 2, respectively, and authorize transmittal of said documents to Plaintiffs upon final repeal of Ordinance No. 3287 (As requested in the Public Hearing Agenda Item No. D-1); and 2. Approved payment of settlement funds in the amount of $75,000 and authorized transmittal of said funds to Plaintiffs upon final repeal of Ordinance No. 3287. Submitted by the City Attorney. Funding Source: Self -Insurance Liability, Liability/Settlement Account. (See Related Public Hearing Agenda Item.) (City Council) Approved Professional Services Contract Between the City and MAXIMUS, Inc. for Executive Recruitment Services to Fill a Future Police Chief Vacancy (600.10) — 1. Approved and authorized the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and MAXIMUS, Inc. for executive recruitment (13) March 4, 2002 - Council/Agency Minutes - Page 13 services; and 2. Authorized appropriation transfer from the Police Account to City Administrator's Office, Other Contract Services Account in the amount of $30,000. Submitted by the City Administrator. Funding Source: Appropriation transfer of $30,000 to City Administrator's Office, Other Contract Services Account. (City Council) Approved Introduction of Ordinance No. 3546 Adding Section 3.56.110(g) and Section 3.56.240 to the Huntington Beach Special Tax Financing Improvement Code for Additional Services for the Community Facilities District (McDonnell Douglas and Boeing Realty Corporations) (350.30) The City Council considered a communication from the City Administrator, City Attorney and Economic Development Director requesting approval of the introduction of Ordinance No. 3546. The ordinance would amend the Huntington Beach Special Tax Financing Improvement Code to 1.) broaden the services that may be provided by a Community Facilities District; 2.) allow the owners of the land subject to the levy of special taxes to petition the City Clerk; and 3.) request an expedited public hearing procedure. Economic Development Director David Biggs presented the PowerPoint slide report titled Special Tax Financing Improvement Code Update, which was announced earlier by the City Clerk as a Late Communication. A motion was made by Green, second Dettloff after the City Clerk read by title, to approve introduction of Ordinance No. 3546 — "An Ordinance of the City of Huntington Beach Amending the City of Huntington Beach Special Tax Financing Improvement Code." The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Winchell NOES: None ABSENT: Cook, Houchen, Boardman (City Council) Approved Request for Report from City Administrator Regarding a Policy on Prevailing Wage Rates for Outside Vendors or Contractors (100,10) The City Council considered a communication from Mayor Pro Tem Ralph Bauer transmitting the following Statement of Issue: There is often an opportunity to be more cost-effective in city operations if paying a prevailing wage is not required of outside vendors or contractors. Mayor Pro Tem presented a brief oral report. A motion was made by Bauer second Green, to direct the City Administrator to present information with regards to the necessity, or lack thereof, to pay prevailing wages. Such information should be designed to enable the City Council to adopt a policy concerning this matter. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Winchell NOES: None ABSENT: Cook, Houchen, Boardman Adjournment — City Council/Redevelopment Agency Mayor Pro Tem Bauer adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 9:00 p. m. to Monday, March 18, 2002, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. (14) March 4, 2002 - Council/Agency Minutes - Page 14 City Clerk and ex-officio lerk he City Council of the City of Huntingt6n Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: aaC44Czd!:4= Azn� City Clerk -Clerk Mayor -Chairman