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HomeMy WebLinkAbout1995-05-01 (8)MINUTES CITY COUNCIUREDEVELOPMENT 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) M." 4' Page 2 - Council/Agency Minutes - 05/01/95 Closed Session - City Council pursuant to Government Code Section 54956.9(A) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City of Huntington Beach v. 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 Council and Redevelopment Agency in the Council Chamber at 6:40 p.m. A videotape recording of this meeting is on file in the Office of the City Clerk CITY COUNCIL/REDEVELOPMENT 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 Popejoy, 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. 2:1-a: Page 3 - Council/Agency Minutes - 05/01/95 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 5:00 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. 216 Page 4 - Council/Agency Minutes - 05/01/95 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 ruined 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". 2'7 Page 5 Council/Agency Minutes - 05/01/95 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. 218 Page 6 - Council/Agency Minutes - 05/01/95 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 of ten 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 COUNCIUREDEVELOPM ENT 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. (City 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 Communitv 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. 219 Page 7 -Council/Agency Minutes - 05/01/95 (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. Page 8 - Council/Agency Minutes - 05/01/95 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 lights 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 2 of $1,810,000 in Community Block Grant funds, and $583,000 in HOME funds. 21,' Page 9 - Council/Agency Minutes - 05/01/95 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 California 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 14,000 222 Page 10 - Council/Agency Minutes - 05/01/95 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. 22.3. Page 11 - Council/Agency Minutes - 05/01/95 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. 224 Page 12 - Council/Agency Minutes - 05/01/95 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 21st 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. 225 Page 13 - Council/Agency Minutes - 05/01/95 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 being 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: 22`S.. Page 14 - Council/Agency Minutes - 05/01/95 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 Request For Staff Report Regarding 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 22-. Page 15 - Council/Agency Minutes - 05/01/95 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. 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. 1 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 228 Page 16 - Council/Agency Minutes - 05/01/95 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 FORBIDS - 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. 229 Page 17 - Council/Agency Minutes - 05/01/95 (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 - MICHAEL 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) 230 Page 18 - Council/Agency Minutes - 05/01/95 (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 Replacement 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. 231 Page 19 - Council/Agency Minutes - 05/01/95 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 Council) 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. 92-5 - 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. 232 Page 20 - Council/Agency Minutes - 05/01/95 (City Council) ORDINANCE NO. 3248 - APPROVED INTRODUCTION - CODE AMENDMENT NO. 93-5/13 -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. 2 3-3 Page 21 - Council/Agency Minutes - 05/01/95 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 Mayor 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 BUILDING PURCHASE AND RENOVATION, CITY'S ON -GOING OBLIGATION - REIMBURSEMENT FOR STAFFING FROM THE ART FUND - MODEL FOR RELATIONSHIP WITH THE ART CENTER (265.10) 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. WE Page 22 - Council/Agency Minutes - 05/01/95 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: City Clerk/Clerk 12.35 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'