HomeMy WebLinkAbout1995-05-01MINUTES
CITY COUNCILIREDEVELOPM ENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, May 1, 1995
Mayor Leipzig 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 COUNCIUREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Harman, Bauer, Sullivan, Dettloff, Green, Leipzig, Garofalo
ABSENT: Garofalo
RECESS
The Mayor called a recess of the City Council and Redevelopment Agency.
CLOSED SESSION
The Mayor called a recess of the City Council and Redevelopment Agency at 5:05 p.m. for the
purpose of considering the following Closed Session items:
Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its
designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire,
Liebert, Cassidy and Frierson, regarding Labor Relations Matters - Meet and Confer regarding the
following employee organizations: Marine Safety Officers Association (MSOA), Police Officers
Association (POA), Police Management Association (PMA), Municipal Employees Association
(MEA), Municipal Employees Organization (MEO), Huntington Beach Firemens' Association
(HBFA), Surf City Lifeguard Employees Association (SCLEA). (120.80)
Closed Session - City Council pursuant to Government Code Section 54956.9(A) - to confer with
its attorney regarding pending litigation which has been initiated formally and to which the city is a
party. The title of the litigation is Laura and Gary Desantis v. city - US District Court Case No. Cv-
525 Jgd (Ghkx). (120.80)
Closed Session - City Council pursuant to Government Code Section 54956.9(A) to confer with its
attorney regarding pending litigation which has been initiated formally and to which the city is a
party. The title of the litigation is Trainer v. Fallon, et al; Trainer v. city, et al. Orange County
Superior Court Case No. 72 97 10; 74 06 41. (120.80)
Closed Session - City Council pursuant to Government Code Section 54957 to consider
Personnel Matters - Appeal of Ray Orlando, employee. (120.80)
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Closed Session - City Council pursuant to Government Code Section 54956.9(A) to confer with its
attomey regarding pending litigation which has been initiated formally and to which the city is a
party. The title of the litigation is City of Huntington Beach v. Merrill Lynch Pierce Fenner and
Smith, Incorporated, et al. United States District Court Case No. Sacv95-189 Lhm(Eex). (120.80)
Closed Session - City Council pursuant to Government Code Section 54956.9(A) to confer with its
attorney regarding pending litigation which has been initiated formally and to which the city is a
party. The title of the litigation is in regards to Orange County; U. S. Bankruptcy Court Case
No. SA-94-22272 JR administratively consolidated with Case No. SA-94-22273 JR. (120.80)
RECONVENE
The Mayor reconvened the meetings of the City Councii and Redevelopment Agency in the
Council Chamber at 6:40 p.m.
A videotape recording of this meeting
is on fife in the Office of the City Clerk
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
ABSENT: None
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by the Mayor.
Announcement By Mayor - William Popeioy. Orange County Chief Executive Officer, and
Brad Gates, Orange County Sheriff, To Present Report
The Mayor announced that William Popejoy, Orange County Chief Executive Officer, and Brad
Gates, Orange County Sheriff, were expected to be at the meeting to speak regarding the
Orange County Bankruptcy and that upon their arrival the agenda would be interrupted in order
for them to make their presentation.
Announcement - Action Taken in Closed Session - Personnel Matter - Ray Orlando -
Employee Settlement Approved
The Mayor announced action taken in Closed Session pursuant to Government Code
Section 54957 regarding Personnel Matter, appeal of Ray Orlando, employee.
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A motion was made by Bauer, seconded by Leipzig, to appropriate payment of $244,416.51 to
settle the Personnel Matter involving Ray Orlando. The motion carried by unanimous vote.
Announcement By- City Clerk Regarding Weed Abatement Public Hearing
The City Clerk announced that the Weed Abatement Public Hearing scheduled for May' 1, 1995
was not on the agenda and will be held at the May 15, 1995 Council meeting.
Late Communications Announced By The City Clerk
The City Clerk announced late communications received and distributed to Council from: the
Acting Economic Development Director a slide presentation and report dated May 1, 1995 City of
Huntington Beach Consolidated Plan; the Acting Economic Development Director entitled
Agencies Recommended for Community Development Block Grant 1995-96 Funding; and the
City Attorney a Legal Opinion dated April 28, 1995 regarding Parental Liability for Acts of Children
in Disobeying the Curfew. The City Clerk stated that pursuant to the Brown Act, copies were
available at her desk and in the City Clerk's Office in the morning following the meeting.
Continuance of Trash Scavenging Agenda Item - Approved (630.10)
The Mayor announced that the Public Works Director had requested continuance of the Agenda
Item regarding Trash Scavenging.
A motion was made by Dettloff, seconded by Green, to continue the Trash Scavenging item to
the next meeting. The motion carried by unanimous vote.
PUBLIC COMMENTS
Stephen Daniel, Rocky Mountain Chocolate Factory owner and Downtown Business Association
President, spoke in support of the proposed cruising and curfew ordinances. He invited everyone
to the second downtown street cleaning at 6:00 a.m., Saturday, May 6, 1995. He spoke
regarding the Gun Range and stated that he would like for the city and Police Department to
reach an agreement.
Don MacAllister spoke regarding 538 Main Street and the new Art Center. He stated his concern
regarding the kind of art that was displayed at the Art Center. He spoke in support of closing the
Art Center and using the Main Street Library as the Art Center.
Thom Doney stated that in 1993 the city was ranked as the safest city in the United States on a
per capita basis and that the main reason was that we have the finest Police Officers in the
country. He spoke in support of the level of education and experience of the Police Department
personnel. He spoke in opposition to the Police Department working without a contract since
October, 1993. He requested Council to direct staff to negotiate sincerely and in good faith with
the Police Officers.
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Susan Bounds, Tax Payer of Huntington Beach, spoke in support of the Police Department and
stated that they deserve a raise. She stated that the Police Officers take their own money and
put it into programs for children in the city on crime prevention, bicycle safety, and traffic safety.
Howard Subnick, Huntington Beach Police Officers Association representative, stated that the
Police Department has always negotiated in good faith and all salary increases and benefits have
been approved by the City Council, City Administrator, and City Attorney, etc. He stated that the
men and women of the Police Department have made Huntington Beach the safest city in the
country and that they want respect and deserve fair compensation. He read from a letter from
retired Sergeant Robert Moran.
George Arnold stated that he called 911 last weekend and it took fifteen minutes for the Police to
arrive. He stated that the downtown area is being rained by teenagers and it is getting rougher
every weekend. He spoke in opposition to the proposed beach concession lease for five years.
He spoke in opposition to Community Services Department fees for use of ball fields and stated
that the fields are in bad condition.
Richard Wright, Huntington Beach Police Officers Association President representing over eighty-
five percent (85%) of the uniformed personnel in the Police Department, stated that the Police
Officers handled 168,000 calls for service in 1993. He stated that of the two hundred twenty-nine
(229) sworn officers, of those, the Police Chief, four (4) captains, eleven (11) lieutenants, thirty
(30) sergeants, do not answer calls for service. He stated that minus the detectives and traffic
personnel it leaves one hundred officers (100) for twenty-four hours seven days a week patrolling
the streets of the city which equates to 1,680 calls per officer for the year of 1993. He stated that
the ratio of officers is 1.2 per one thousand (1,000) population in the city. He reported other crime
statistics.
Ron Miller, Huntington Beach Police Officers Association representative and Goldenwest College
instructor, read from a letter from Hugh M. Foster, Criminal Justice Training Center Director,
regarding the Criminal Justice Training Center and in support of the Huntington Beach Gun
Range. Mr. Miller presented the letter dated April 9, 1995 to the City Clerk.
Terry Orosco, Huntington Beach Police Officers Association representative, spoke in support of
the Police Department and fair compensation for the officers.
Barbara Huss, wife of Huntington Beach Police Officer, spoke regarding loss of lives and assaults
against police officers. She spoke in support of the Police Department.
Joe Guarnera, Huntington Beach Police Officers Association representative, spoke regarding an
article in the Sunday Los Angeles Times by Linda Thrall -Walters and encouraged people to read
the article. He read from the article.
Irwin Feuerstein, Huntington Beach Police Officers Association representative, spoke in support
of the Community Oriented Policing Program and stated that the most important element in the
success of the program is the employees. He read from the Community Oriented Policing Manual
the following quote "We must recognize the requirement to meet the needs of our own employees
before we can provide quality customer service".
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Clay Epperson, Huntington Beach citizen, spoke in opposition to the Police Officers working for
three years without a contract and stated that you get what you pay for. He spoke regarding
crime in the city and in support of top pay and benefits for the Police Officers.
Ella Christensen, former pier concessionaire, spoke in support of the Police Department and the
fine work they do for the city.
Marie Palmer spoke regarding newspaper articles in the Register and Independent regarding the
Art Center and in opposition to city funding of the Art Center. She asked that Council finish
projects such as the restaurants on the Municipal Pier. She stated that she would prefer the Art
Center funding be spent on the Police Department.
Deborah Cartee spoke in support of the Police Department and in opposition to the Police
Officers not having a contract for three years and support of just compensation for the police
officers.
(City Council) ADMINISTRATIVE UPDATE REGARDING THE STATUS OF ORANGE COUNTY
BANKRUPTCY - WILLIAM POPEJOY, CHIEF OFFICER AND BRAD GATES, SHERIFF (310.10)
The Mayor stated that he would interrupt Public Comments at this point for a report regarding the
Orange County Bankruptcy by William Popejoy, Orange County Chief Officer and Brad Gates,
Orange County Sheriff.
William Popejoy, Orange County Chief Officer, presented a report regarding the Orange County
Bankruptcy, proposed cost of legal fees, sales tax, change in the organizational structure of the
county, possible recovery through litigation and a plan for recovery.
Brad Gates, Orange County Sheriff, reported regarding asset sales, proposed sales tax, property
tax revenue, and increase in waste fees to cover costs.
Discussion was held between Council and Mr. Popejoy and Mr. Gates.
PUBLIC COMMENTS - CONTINUED
Loretta Wolfe, Downtown Residents Association representative, spoke in support of the proposed
cruising and curfew ordinances as needed tools for the Police Department and stated that it
sends a strong message about what the city wants for downtown.
Dr. Richard Dickinson, Seacliff Coalition representative, spoke in opposition to the extension of
Seapoint Street. He stated that the development agreement and conditions of approval did not
disclose the planned extension of Seapoint Street and that is a violation of the law. He spoke in
support of a guarded gate.
Councilmember Bauer stated that he requested a legal opinion from the City Attorney's Office
regarding the issue.
MR]
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Kathy Dickinson, Seacliff Coalition representative, spoke in opposition to the extension of
Seapoint Street regarding the lack of disclosure, loss of property value, loss of serenity; and
stated that painting the curbs red in not a solution. She spoke regarding the cost of over two
million dollars ($2,000,000) to retrofit the homes for an arterial street and to settle law suits. She
spoke in support of a gate for emergency vehicles.
Pat Davis spoke in support of the repair of the oil well at City Hall and stated that it was producing
twenty-three barrels per day with a net profit often thousand dollars ($10,000) a month. She
stated that was a good decision.
Diane Easterling, downtown resident, spoke in support of Councilmember Green's opinion
regarding the Art Center. She spoke in support of the Police Officers Association as they have
supported the downtown residents in their efforts to clean up the area. She spoke in opposition
to the proposed sales tax increase.
RECESS - RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY
Mayor Leipzig called a recess of the City Council and Redevelopment Agency meeting at
8:45 p.m. The Mayor reconvened the regular meeting of the City Council and Redevelopment
Agency at 9:00 p.m. in the Council Chamber.
LC Council Huntington Beach Police Gun Range Council Committee Report By
Councilmember Dave Sullivan (120.25)
Councilmember Sullivan reported as Chair of the Council Committee on the Gun Range regarding
further study needed to determine responsibility for mitigation of environmental impacts, safety
concerns and infrastructure improvements. He stated that the Council Committee recommended
that staff conduct an environmental impact report.
Announcement Of A Community Forum To Be Held Saturday At The Huntington Center Mall
The City Administrator announced a Community Forum to be held Saturday, May 6, 1995 at the
Huntington Center Mall.
Councilmember Garofalo stated that he would be one hour late.
The Mayor announced that Councilmember Green may also be late and requested
Councilmembers to notify Richard Barnard, Deputy City Administrator, or Brian Smith,
Management Assistant, coordinators of the event.
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(City Council PUBLIC HEARING - RESOLUTION NO. 6689 - COMMUNITY SERVICE
DEPARTMENT FEES (340.20)
The Mayor announced that this was the day and hour set for a public hearing to consider the
following public hearing to consider Resolution No. 6689 (Supplemental Fee Resolution No. 54)
amending city fees by amending Community Services Department fees for 1995. Each year the
Community Services Department updates its fee schedule with regard to programs and activities,
parking, special events, filming permits, etc. A summary of the proposed changes in the fee
schedule is as follows:
Rental fees for the new Art Center's multi -purpose room and studio, as well as for
membership, admission and classes have been established.
Adult softball registration fees have all been increased $10.
Lighting fees at athletic fields have all been increased $1 per hour.
The Junior Lifeguard Program has been increased from $160 to $175 per
participant.
This summer, the state beach parking fee will be $4 per day Monday through Friday
and $5 per day on weekends and holidays. To lessen the impact and increase
evening attendance and revenue, the city beach daily parking fee is being reduced
to $3 after 5:00 p.m.
Fees for alcohol sponsorship of specific events have been set.
Specific event fees have been increased for the application, and for both nonprofit
and commercial events.
The permit fee for commercial still photography has been set at $500, the same as
for commercial video photography.
The City Clerk presented Resolution No. 6689 for Council consideration - "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION
NO. 5159 ENTITLED, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE' AS TO SERVICES OFFERED
UNDER THE COMMUNITY SERVICES DEPARTMENT (SUPPLEMENTAL FEE RESOLUTION
NO. 54)."
The Community Services Director reported.
Legal notice as provided to the City Clerk's Office by staff had been, published and posted.
Discussion was held by Council and staff regarding parking meter fees in Zone D of the
downtown area, proposed parking meters at the Central Library, increase in parking fines, and
extension of parking meter hours from 6:00 p.m. to 12:00 p.m.
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Councilmember Garofalo requested an amendment to Resolution No. 6689 on Page Ten as
follows:
Alcohol sponsor and/or television contract fee
Alcohol sponsor with on -site signs only fee
$5,000 or 10% of total
sponsorship - whichever is
greater.
$1,000 or 1% of total
sponsorship - whichever is
greater.
Councilmember Garofalo spoke regarding parking meter revenue, metered parking at the Library,
and coin -operated night fights on tennis courts.
Mayor Leipzig requested a report regarding parking meter revenue from 6:00 p.m. to 12:00 p.m.
The Mayor declared the public hearing open.
There being no one present to speak on the matter and there being no protests filed, either oral
or written, the hearing was closed by the Mayor.
A motion was made by Harman, seconded by Green, to adopt Resolution No. 6689 as amended
by Councilmember Garofalo's request to add the words "whichever is greater'.
Amendment to Resolution No. 6689 - Page Ten as follows:
Alcohol sponsor and/or television contract fee
Alcohol sponsor with on -site signs only fee
$5,000 or 10% of total
sponsorship - whichever is
greater.
$1,000 or 1 % of total
sponsorship - whichever is
greater.
The motion to adopt Resolution No. 6689, as amended, carried by the following roll call vote:
AYES: Harman, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: Bauer (out of room)
(City Council PUBLIC HEARING - CONSOLIDATED PLAN FOR COMMUNITY DEVELOPMENT
BLOCK GRANT CDBG AND HOME PROGRAMS - BUDGET - PUBLIC SERVICES SAMPLE
CONTRACT (340.70)
The Mayor announced that this was the day and hour set for a public hearing to consider
comments from the public on the contents of the city's Twenty-first Year Consolidated Plan as
required by the United States Department of Housing and Urban Development (HUD) for receipt
221 of $1,810,000 in Community Block Grant funds, and $583,000 in HOME funds.
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The Consolidated Plan replaces two planning and application submissions for Community
Planning and Development formula grant programs with a single document. Specifically, for the
City of Huntington Beach, it replaces the Comprehensive Housing Affordability Strategy (CHAS),
Final Statement for the Community Development Block Grant entitlement communities program
(CDBG); and the Program description of the HOME Investment Partnership program.
The Action Plan portion of the Consolidated Plan describes the 1995 Community Development
Block Grant (CDBG) budget for the period between July 1, 1995 to June 30, 1996 as
recommended and approved by the Citizens Advisory Board meeting on March 16, 1995, as
follows:
Administration (20%) [includes Fair Housing]
362,000
Public Services (15%)
271,500
Code Enforcement
64,742
City Gym and Pool
250,000
Job Center for Day Workers
40,000
LOGOS
77,000
Police Substation
30,000
Street and Sidewalk Design (Washington and Newland Areas)
43,000
Design Wheelchair Ramps and Sidewalks
24,200
Warner Storm Drain
92,000
Habitat for Humanity, Acquisition $91,000 and Redevelopment $72,000
163,000
Housing Rehabilitation
300,000
Orange Housing Development Corporation
35,000
Tot Lot
94,889
SUBGRANTEES RECOMMENDED AS FOLLOWS
Feedback Foundation
5,000
HB Medical Clinic
35,000
Episcopal Service Alliance
20,000
Huntington Valley Adult Day Care
10,000
Girls and Boys Club, Fountain Valley/Huntington Beach
5,000
Dayle McIntosh Center
5,000
Huntington Youth Shelter
15,000
Boys and Girls Club, Huntington Beach
9,000
O.C. Transportation Authority
15,500
Interval House
25,000
Legal Aid Society
45,000
Salvation Army
15,000
Someone Cares Soup Kitchen
8,000
Califomia Elwyn
5,000
Orange County Council on Aging
5,000
Orange Coast Interfaith
15,000
Casa Youth Shelter
5,000
Hotline of Southern California
5,000
Community Services Program
14,000
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Legal notice as provided to the City Clerk's Office by staff had been published and posted.
The Assistant City Administrator reported.
Carol Runzel, Assistant Project Manager, presented a staff report using slides entitled Community
Development Block Grant and HOME Program.
Alan Thatcher, Citizen's Advisory Board Chairman, reported an increase in the number of
enhancement areas, on -site tours of the areas, coordination with the Public Works Department,
and public hearings held by the Board. He stated that the Board was dedicating their work this
last year to Board member Sharon Sterling who passed away.
The Mayor declared the public hearing open.
Janine Limas, Shelter Services Director for Interval House, spoke in support of the program. She
thanked the Human Resources Board for their recommendation and hard work.
Tony -Lucia, Human Resources Board representative, spoke regarding federal grant funds being
used by illegal aliens. He stated that last year the City Council discussed the issue of illegal
aliens and promised to prepare a policy for the Board but that no direction or policy was received
from Council. He stated that he is a graduate of Ellis Island and an immigrant.
Councilmember Sullivan requested staff to report regarding letters sent to the Federal
Government for clarification of this issue.
Carol Runzel, Assistant Project Manager, stated that she was told that the city cannot divert
funding at a local level because the funding policies are embedded in the Federal legislation and
any change in policy would have to be done at the legislative level.
Rudi Van Mil, Vista Center General Partner, spoke in opposition to day laborers around his place
of business. He stated that he has had to hire security guards to maintain security. He spoke in
support of the proposed job center for day laborers. He spoke in support of a proposed Police
Substation in the area of his business.
Sandra Lamperts, Loehmans, Five Points Center Property Manager, spoke in support of the
proposed job center for day laborers. She stated that the labor problems on their property include
safety for customers at the center and health issues due to a lack of public restrooms.
There being no one further present to speak on the matter and there being no further protests
filed, either oral or written, the hearing was closed by the Mayor.
In response to Councilmember Green, Carol Runzel, Assistant Project Manager, reported
regarding allocation of funds.
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A correction was made by Councilmember Green on Page Four of the Request for Council Action
to replace undeserved with underserved as follows:
"HB Medical Clinic - Huntington Beach, provides medical and counseling to
medically underserved people including substance abuse, aids testing, general
medical, and complete women's health and well child care."
In response to Councilmember Dettloff's questions, Karl Wiebe, Human Resources Board
Chairman, reported regarding the criteria for selection.
Councilmember Harman questioned the substantial increase in the request from the Interval
House.
Janine Limas, Shelter Services Director for Interval House, stated she did not have that
information.
Councilmember Sullivan spoke in opposition to increases in the request for funding from the
Legal Aid Society over the past few years. He requested that the funding remain the same as
last year with no increase.
The Police Chief reported regarding a proposed job center location on Gothard Street and a slide
was shown of the proposed site at the former Orange County Trash Transfer site by Lieutenant
Louis Ochoa.
Lieutenant Ochoa reported regarding other cities with job centers and that the funding will cover
the location and construction. He stated that the staffing issue needs to be addressed.
In response to Councilmember Garofalo's question, Carol Runzel reported regarding the increase
requested by the Legal Aid Society.
Karl Wiebe, Human Resources Board Chairman, reported regarding funding for the Legal Aid
Society.
A motion was made by Sullivan, seconded by Garofalo, to approve the Recommended Actions
Two through Six with the amendment to reduce the award to the Legal Aid Society from forty-five
thousand dollars ($45,000) to forty -thousand dollars ($40,000) and if that passed, decide how to
reallocate the five thousand dollars ($5,000).
An amendment was made to the motion by Councilmember Dettloff to reallocate the five
thousand dollars ($5,000) to Project Self Sufficiency to reduce the amount the city is responsible
for contributing from the General Fund.
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Councilmember Sullivan requested that the vote on the main motion be made before a vote on
the amendment.
2. Approve the City of Huntington Beach Consolidated Plan for 1995 - 2000 for the Community
Development Block Grant and HOME Programs (Attachment 1), including the one year Action
Plan (21st Year) for $1,810,000 and the HOME Investment Partnership Act for $583,000 and
authorize its submission to the U. S. Department of Housing and Urban Development and
authorize the City Administrator to execute the required Certifications, and
3. Approve and authorize the expenditure of funds as shown in the Proposed CDBG and HOME
Budgets, (Attachment 2), and
4. Approve the contract with Orange County Fair Housing Council for $34,000 and the contract
with the public service agencies for CDBG funding as recommended by the Human
Resources Board as shown on page 4 of this RCA, and
5. Approve the sample public services contract, waive the insurance requirements of Resolution
No. 6277, and authorize the execution of agreements between the individual public service
agencies (and Orange County Fair Housing Council) and the City for the 21 st Year
Community Development Block Grant (Attachment 3), and
6. Approve the Citizen Participation Plan as contained in the Consolidated Plan, Appendix A.
The motion carried by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: Leipzig
ABSENT: None
A motion was made by Dettloff, seconded by Green, to reallocate the five thousand dollars
($5,000) to Project Self Sufficiency. The motion carried by unanimous vote.
(City Council) PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S CONDITIONAL
APPROVAL OF CONDITIONAL USE PERMIT NO. 94-46 - BILLIARD PARLOR - APPEAL FILED
BY FAMILY FITNESS CENTERS - SOUTHWEST CORNER WARNER AVENUE AND
SPRINGDALE STREET - DECISION CONTINUED TO MAY 15, 1995 (420.40)
The Mayor announced that this was the day and hour set for a public hearing to consider the
following:
APPLICATION NO: Conditional Use Permit No. 94-46
APPLICANT: Ty Wai Yep
APPELLANT: Robert D. Dennis, Family Fitness Centers
REQUEST: To establish a 3,484 square foot billiard parlor within an existing commercial building.
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LOCATION: 5914 Warner Avenue (south side of Warner and west of Springdale Street)
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 published and posted.
The Community Development Director presented a staff report regarding the appeal by the Family
Fitness Center for public safety reasons regarding parking lot security and inadequate exterior
lighting.
Mayor Leipzig declared the hearing open.
Don Peters, SCATS Gymnastics Executive Director, spoke in opposition to the proposed billiard
parlor. He stated that there is the family oriented Post Game Pizza establishment in the center
that offers a video arcade for youths in the area. He spoke regarding a similar situation in the
Mission Viejo area and requested that the Mission Viejo Police Department be contacted for a
report of the problems the pool hall caused in that shopping center.
Becci Campbell stated that she was a new business owner at the center and stated her concerns
regarding the problems with a pool hall in the area.
Karen Klaess, Family Fitness Center representative, spoke in opposition to the proposed project.
She stated that baby-sitting is offered at the Family Fitness Center and mothers with children
would be concerned with large numbers of youths and gang activities in the area. She spoke in
support of a security guard if the establishment is approved.
Mike McMahon, Family Fitness Center representative, spoke in opposition to the proposed
project. He stated that the Family Fitness Center has revitalized the center and turned it around.
He stated that there are gang, graffiti and drug problems in the center and that the Fitness Center
has been working to improve the area. He spoke in support of security guards on the inside and
outside of the billiard parlor.
In response to Councilmember Garofalo's question, Mr. McMahon identified problems in the
exterior parking lot.
Robert Dennis, Family Fitness Center representative, spoke in opposition to the proposed project
regarding security and police issues and concerns for safety of members and employees. He
stated that there was vandalism, loitering and some intimidation of customers.
There being no one further to speak on the matter and there tieing no further protests filed, either
oral or written, the hearing was closed by the Mayor.
The Mayor asked if there was a representative of the applicant or the property owner present to
speak?
In response to Councilmember Dettloff's question, the Police Chief reported regarding the level of
crime in the area and the Planning Director reported regarding the Conditional Use Permit and
Planning Commission decision. 226
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In response to Councilmember Garofalo's question, the Community Development Director stated
that it appears there are code enforcement issues in the area that need to be addressed and that
a meeting should be arranged between the property owners and tenants in order to discuss the
conditions at the center.
Further discussion was held by Council and staff.
A motion was made by Harman, seconded by Sullivan, to continue the decision on the closed
public hearing closed to May 15, 1995. The motion carried by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Dettloff
NOES: Leipzig, Green, Garofalo
ABSENT: None
The Police Chief stated that he would contact the City of Mission Viejo and other agencies to find
out what their experience has been.
Motion For Meeting To Proceed Past 11:00 P.M. - Approved
On motion by Garofalo, second Green, Council approved proceeding past the 11:00 p.m.
deadline in order to finish the agenda. The motion carried by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Garofalo
NOES: Green
ABSENT: None
Re nest For Staff Report Re_garding Parking Requirements For Health Clubs
Councilmember Garofalo requested a review of the parking requirements for health clubs.
(City Council) PUBLIC HEARING - ZONING CODE AMENDMENT NO. 95-2 - ORDINANCE
NO. 3281A - ORDINANCE NO. 3281 B - ADULT BUSINESS ORDINANCE - ORDINANCE TO BE
PREPARED WITH PRE-1995 LANGUAGE (640.10)
The Mayor announced that this was the day and hour set for a public hearing to consider the
following:
APPLICATION NO: Code Amendment No. 95-2
APPLICANT: City of Huntington Beach, Department of Community Development
REQUEST: To amend the locational criteria applicable to adult businesses
LOCATION: General Commercial and Office Commercial Zones
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ENVIRONMENTAL STATUS: Categorically exempt from the provisions of the Califomia
Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been published and posted
The Community Development Director presented a staff report.
The Mayor opened the public hearing.
Jerry Klein, Jerwel Enterprises General Partner, stated the company built, owned and managed
the shopping center called College Country Center at the corner of Gothard Street and Center
Drive. He stated that the tenant in his center, Paradise Specialties, requested an expansion in
the adult business. He stated that the expansion was not opposed by the Planning Commission
but that recent changes in the Planning Code eliminated the wording concerning location of an
adult business within five hundred feet of a school frequented by minors.
There being no one further to speak on the matter and there being no further protests filed, either
oral or written, the hearing was closed by the Mayor.
Discussion was held by Council and staff regarding minor age students attending Goldenwest
College, the day care facility on -site, restrictions on adult businesses relative to the age of
patrons, and restrictions on businesses that abut the college.
Motion To Approve Zoning Code Amendment No. 95-2 And Ordinance No. 3281A - FAILED
A motion was made by Green, seconded by Garofalo, to approve Zoning Code Amendment
No. 95-2 (prohibiting an adult business within 500 feet of a college) with findings as outlined in
Attachment No. 9 to the Request for Council Action dated May 1, 1995 and after reading by title,
to approve introduction of Ordinance No. 3281A - "AN ORDINANCE OF THE CITY OF
HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ZONING AND SUBDIVISION
ORDINANCE BY AMENDING SECTION 211.04 THEREOF RELATING TO LAND USE
CONTROLS FOR COMMERCIAL DISTRICTS." The motion FAILED by the following roll call vote:
AYES: Sullivan, Green, Garofalo
NOES: Harman, Bauer, Leipzig, Dettloff
ABSENT: None
Motion To Prepare Ordinance For First Reading - Language Specifying 500 Feet From Any
School That Is Frequented By Minors
A motion was made by Leipzig, seconded by Dettloff, to direct the City Attorney to prepare an
ordinance with the pre-1994 language which specifies five hundred (500) feet from any school
that is frequented by minors
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The motion carried by the following roll call vote:
AYES: Bauer, Sullivan, Leipzig, Dettloff, Green
NOES: Harman, Garofalo
ABSENT: None
CONSENT CALENDAR - ITEMS REMOVED
The following items were requested by Councilmembers to be removed from the Consent
Calendar for separate consideration: (Harman) lease agreement for Zack's Too beach
concession.
CONSENT CALENDAR - ITEM APPROVED
On motion by Dettloff, second Sullivan, the following Consent Calendar items were approved as
recommended, by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) MINUTES - APPROVED AND ADOPTED - Approved
and adopted minutes of the Council/Agency special meeting of December 28, 1994, adjourned
regular meetings of February 13, 1995 and February 27, 1995 and regular meetings of
February 6, 1995 and February 21, 1995 as written and on file in the Office of the City Clerk.
(City Council) NOTICE OF COMPLETION - CENTRAL LIBRARY PARKING LOT EXPANSION
PROJECT - SHAWNAN CORPORATION - CC-875 - APPROVED (600.80) - (1) Accepted the
improvements of Cash Contract 875, Central Library Parking Lot Expansion, and authorized the
City Clerk to file the Notice of Completion, and (2) approved the project cost of $2,431,416.01.
In response to Councilmembers Garofalo and Dettloff, the City Engineer reported regarding
warrants required for traffic signals.
(City Council) TRAFFIC SIGNAL INSTALLATION - WARD STREET AND GARFIELD AVENUE -
PLANS AND SPECIFICATIONS - CALL FOR BIDS - CC-1013 - APPROVED (600.55) - (1)
Approved the plans and specifications for the traffic signal installation at Ward Street and Garfield
Avenue, (CC-1013) and authorized the Director of Public Works to advertise the project; and (2)
approved the sample construction contract, subject to award of contract to Council approved
lowest responsible bidder.
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(City Council SKUNK ERADICATION PROGRAM - APPROPRIATION OF FUNDS - APPROVED
(570.60) - Appropriated $10,000 into Account No. E-AA-CS-349-3-90-00 for the skunk education
and removal program.
(City Council AGREEMENT - UTILITY AND TELECOMMUNICATION AUDITING SERVICES -
UTILITY MANAGEMENT COMPANY - APPROVED (600.10) - Approved and authorized
extension of the Agreement with Utility Management Company for Utility Auditing Services. The
requirement for professional liability insurance has been waived by the Settlement Committee
pursuant to Resolution No. 6023.
(City Council) NOTICE OF COMPLETION AND FUND TRANSFER-1993-94 FEDERAL CRP
PROJECT - RESURFACING OF 15 ARTERIAL HIGHWAYS - EXCEL PAVING COMPANY -
APPROVED (600.50) - (1) Authorized the Director of Finance to transfer an amount not to
exceed $500,000 from the undesignated Gas Tax fund balance into the project account (E-BC-
PW-410-6-32-00) to cover the city's portion of the project cost; and (2) accepted the street
improvements, resurface fifteen (15) arterial highways, all of which are associated with the
Federal Combined Road Program, completed by Excel Paving Company at a final cost of
$2,859,497.58; and (3) authorized the City Clerk to file a Notice of Completion and instructed the
City Clerk's office to release the Corporate Surety Bond after the normal thirty-five (35) day
retention period, receipt of the Declaration of Satisfaction of Claims, and Certificate of
Compliance.
(City Council) LEASE AGREEMENT - BEACH CONCESSION - ZACK'S TOO - MICH_AEL ALI -
APPROVED AS AMENDED (600.35) -
The City Clerk presented a communication from the City Administrator dated May 1, 1995
regarding Zack's Too Beach Concession.
In response to Councilmember Harman's question, the Community Services Director reported
regarding the terms of the lease and that three - five years extensions were offered as an
incentive.
The City Attorney reported that the same language is used in the other concessionaire
agreements.
A motion was made by Harman, seconded by Sullivan, to approve and authorize execution by the
Mayor and City Clerk of a five (5) year Lease Agreement between the city and Michael Ali, dba
Zack's Too Beach Concession and deleting the three five year renewals. The motion carried by
the following roll call vote:
AYES: Harman, Sullivan, Leipzig, Garofalo
NOES; Bauer, Dettloff
ABSENT: Green (out of room)
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(City Council) AGREEMENT - COUNTY OF ORANGE - FEDERAL BEACH EROSION - STAGE
10 -ARMY CORPS OF ENGINEERS SAND REPLENISHMENT PROGRAM - APPROVED
(600.25)
The City Clerk presented a communication from the Community Services Director regarding the
need to reaffirm the city's commitment to participate in the Army Corps of Engineers' Sand
Replenishment Program, State 10.
The Community Services Director presented a staff report.
A motion was made by Dettloff, seconded by Green, to approve an amendment to the current
year budget by appropriating $95,400 for Stage 10 of the sand replenishment project from the
General Fund Unappropriated Fund Balance. The motion carried by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: None
(City Council CONTINUED FROM APRIL 17 1995 - CITY FIRE DEPARTMENT AMBULANCE
PROGRAM - CONTINUED TO JUNE 3. 1995 (510.50)
The City Clerk presented a transmittal from the Fire Chief, submitted pursuant to Council
direction, of the one-year review of the Ambulance Program which includes a report of operating
costs and revenues and establishment of a separate Ambulance Equipment Repla-ement
Account funded by program savings. The City Council also requested staff to submit a
repayment plan to the General Fund Reserve for the $447,903 one-time startup cost.
By general consensus, the City Fire Department Ambulance Program was continued to
June 5, 1995 due to the lateness of the meeting tonight and staff was directed to agendize early
in the meeting.
(City Council) MEMORANDUM OF UNDERSTANDING - POLICE OFFICERS ASSOCIATION -
RESOLUTION NO. 6690 - ADOPTED (720.20)
The City Clerk presented a communication from the Administrative Services Director informing
luncil that the city and the Huntington Beach Police Officers' Association have completed the
meet and confer process with agreement on a new Memorandum of Understanding covering
September 30 thought August 0, 1996.
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A motion was made by Garofalo, seconded by Green, to adopt, Resolution No. 6690 - "A
RESOLUTION OF THE CITY OF THE CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON
BEACH POLICE OFFICERS' ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR
1993 - 1994." The motion carried by the following roll call vote:
AYES: Harman, Bauer, Leipzig, Dettloff, Green, Garofalo
NOES: Sullivan
ABSENT: None
(City Councill CITY COUNCIL GOALS AND OBJECTIVES - ANNUAL UPDATE - APPROVED
(120.30)
The City Clerk presented a communication from Administration regarding the 1995 Goals and
Objectives Program, which provides the 1995 Goals and Objectives statements and a process to
monitor the efforts to achieve them.
The City Administrator presented a staff report.
In response to Councilmember Sullivan's question, regarding the amount of funds requested for
Murdy Park improvements, the Community Services Director reported regarding requirements of
the American Disabilities Act and the city's efforts to meet Federal guidelines.
A motion was made by Garofalo, seconded by Green, to adopt the 1995 City Council Goals and
Objectives Program of the City of Huntington Beach. The motion carried by the following roll call
vote:
AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: None
(City Council ORDINANCE NO. 3280 - ADOPTED - CODE AMENDMENT NO. 92-6 -
DOWNTOWN SPECIFIC PLAN REWRITE "VILLAGE CONCEPT" AND PARKING MASTER
PLAN (640.10)
The City Clerk presented Ordinance No. 3280 for Council adoption - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE DOWNTOWN SPECIFIC PLAN TO
INCORPORATE CHANGES SUGGESTED BY THE CALIFORNIA COASTAL COMMISSION."
Public hearing and introduction of ordinance approved on April 17, 1995.
A motion was made by Green, seconded by Dettloff, to adopt Ordinance No. 3280, after reading
by title. The motion carried by unanimous vote.
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(City Council ORDINANCE NO. 3248 - APPROVED INTRODUCTION - CODE AMENDMENT
NO. 93-5113 -CARTS AND KIOSKS (640,10)
The City Clerk presented Ordinance No. 3248 for Council introduction - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE AND THE DOWNTOWN SPECIFIC PLAN TO PERMIT CARTS AND KIOSKS." A public
hearing was held November 21, 1994.
In response to Councilmember Garofalo's question, the Community Development Director
reported regarding unpermitted uses.
A motion was made by Bauer, seconded by Harman, to approve introduction of Ordinance
No. 3248 after reading by title. The motion carried by unanimous vote.
(City Council) ORDINANCE NO. 3283 - APPROVED INTRODUCTION AS AMENDED -
CONTROL OF VEHICULAR CRUISING (640.10)
The City Clerk presented Ordinance No. 3283 for Council introduction - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 10.22 TO THE HUNTINGTON BEACH
MUNICIPAL CODE PERTAINING TO CRUISING.°
A motion was made by Green, second by Garofalo, to approve introduction of Ordinance
No. 3283 after reading by title. The motion carried by unanimous vote.
Councilmember Garofalo recommended an educational program on how the ordinance will be
enforced.
Councilmember Harman amended Ordinance No. 3283, Page One, Section 10.22.010 to read as
follows:
"10.22.010Cruising Prohibited. The ranking peace officers on duty within any area
affected by traffic congestion may, having determined that such area is so affected,
establish one or more traffic control points on or near such area to regulate
cruising."
(City Council) ORDINANCE NO. 3282 - APPROVED INTRODUCTION - CURFEW FOR MINORS
(640.10)
The City Clerk presented Ordinance No. 3282 for Council introduction - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.68 OF THE HUNTINGTON
EACH MUNICIPAL CODE PERTAINING TO CURFEW FOR MINORS."
The Police Chief presented a staff report regarding changes in the state law and parental
responsibility.
The City Clerk clarified the lack of a resolution setting the fee for the ordinance provisions.
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The Police Chief reported regarding calculation of the fee, citations to be issued for juvenile court,
and use of holding facilities other than the jail.
The City Attorney reported regarding the charge for administrative costs.
Councilmember Harman requested a procedure for how this ordinance will work outlined for
Council at a later date.
A motion was made by Garofalo, seconded by Green, to approve introduction of Ordinance
No, 3282 after reading by title. The motion carried by unanimous vote.
(City Council ORDINANCE NO. 3284 - APPROVED INTRODUCTION - ESTABLISHES
INVESTMENT ADVISORY BOARD (110.10)
The City Clerk presented Ordinance No. 3284 for Council introduction - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING NEW CHAPTER 2.110 ENTITLED `INVESTMENT ADVISORY BOARD'."
In response to Kyot Pro Tern Sullivan's question, the City Treasurer reported regarding
advertisements for applicants for this Board.
A motion was made by Sullivan, seconded by Garofalo, to approve introduction of Ordinance
No. 3284 after reading by title. The motion carried by unanimous vote.
(City Council) STAFF REPORT REQUESTED REGARDING THE COST OF THE ART CENTER
The City Clerk presented a communication from Councilmember Green regarding approval of
staffing for the Art Center which occurred on April 4, 1994 with a Council request at that time that
the matter be returned in ten months to determine if funding is being generated.
Councilmember Green reported that he had spoken with the Assistant City Administrator, City
Administrator, and Community Services regarding staffing for the Art Center. He requested a staff
report to be agendized for discussion on the Art Center staffing for the May 15, 1995 City Council
meeting. He requested that the report contain what it cost the city to purchase the building and
renovate and what is the city's obligation in on -going expenses including utilities, staff salaries
and benefits. He stated that the Art Fund was to reimburse the city for staffing costs and asked if
any money has been received from the Art Fund. He requested that the staff report contain a
model for the relationship between the city and the Art Center.
Mayor Leipzig reported that Council had requested a report regarding staffing for ten months after
the Art Center was opened and the employees hired.
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The Community Services Director reported that the employees were hired in January and the Art
Center opened in March. He stated that the one-year employee probationary period started with
the opening of the Art Center in March. He stated that a report would be prepared for the
May 15, 1995 meeting.
Councilmember Garofalo requested income figures for the Art Center be included in the report
and information regarding entertainment permits with live entertainment and liquor three nights a
week?
ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY
The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of
the City of Huntington Beach to Saturday, May 6, 1995, at 8:30 a.m. in the Huntington Center
Mall, Community Room, 7777 Edinger Avenue, Huntington Beach, California.
ATTEST:
W City Clerk/Clerk
235
Clerk of the Redevelopment Agency and City
Clerk and ex-officio Clerk of the City Council
of the City of Huntington Beach, California
Mayor/Chairman