HomeMy WebLinkAbout1995-07-17 (7)MINUTES
CITY COUNCILIREDEVELOPMENT AGENCY
5:00 P.M. - Room B-8
6:30 P.M. - Council Chamber
Huntington Beach, California
Monday, July 17, 1995
Call To Order
Mayor Pro Tempore Sullivan 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 Counci[/Redevelopment Agency Roll Call
PRESENT: Harman, Bauer, Sullivan, Dettloff, Green, Garofalo, (Leipzig arrived 5:28 p.m.)
ABSENT: None
Study Session - KPMG Peat Marwick Company - City Auditors - City's Financial Condition
Peggy McBride, KPMG Peat Marwick Company representative, presented a report regarding the
audit performed which included the self-insurance fund deficit, advances to Redevelopment
Agency fund, grant management, supplemental retirement plan, and financial reporting.
Recess
The Mayor called a recess at 5.30 p.m. to consider the following closed sessions:
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 with the
following employee organizations: Marine Safety Officers Association (MSOA), Police Officers
Association, Police Management Association (POA), Municipal Employees Association (MEA),
Management Employees Organization (MEO), Huntington Beach Fire Association (HBFA), and
Surf City Lifeguards Employee 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 City of Huntington Beach v. Merrill Lynch Pierce Fenner and
Smith, Incorporated et al. United States District Court Case No. SACV95-189LHM(EEX).
(120.80)
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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 Orange County: U. S. Bankruptcy Court Case No. SA 94-
22272 JR Administratively Consolidated with Case No. SA-94-22273 JR. (120.80)
Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.8 to give
instructions to the Agency's Negotiator, Ray Silver, regarding negotiations with Jon Coultrup
Concerning the Coultrup Disposition and Development Agreement. Instruction will concern
price and terms of payment. (400.50)
Two communications were received and distributed to Council from Mike Roberts dated
July 13, 1995 and Jon Coultrup, Coultrup Companies President, dated July 17, 1995 regarding
the Closed Session Item on Coultrup Disposition and Development Agreement
Reconvene
The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency
at 6:50 p.m. in the Council Chambers.
A videotape recording of this meeting
is on file in the Office of the City Clerk
Pledge Of Alle lance
The Pledge of Allegiance was led by Boy Scout Troop 227 sponsored by St. Bonaventure's
Men Club, Scoutmaster, Bruce Pitt.
City Council/Redevelopment Agency Roll Call:
PRESENT: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
ABSENT: None
Late Communications Announced By City Clerk
The City Clerk announced pursuant to the Brown Act, the following late communications which
had arrived since the agenda printing:
A communication from Mike Roberts dated July 13, 1995 Roberts dated July 13, 1995 regarding
the Closed Session Item on the Coultrup Disposition and Development Agreement
A communication from Jon Coultrup, Coultrup Companies President, dated July 17, 1995
regarding Closed Session Item on Coultrup Disposition and Development Agreement requesting
35 '� proval of Main Pier It
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An informal petition submitted by David Hams consisting of approximately one hundred thirty-one
(131) signature of persons requesting that the development of the closed Gill School site conform
to the existing neighborhood standards
A communication from Eileen Murphy dated July 17, 1995 regarding the Agenda Item pertaining
to the Balsa Chica Coastal Act Issues
Public Comments
Chuck Beauregard, Save Our Kids Chairman, spoke in support of the formation of a Task Force
to gather information regarding a city-wide Park -Beach Improvement District, volunteer labor to
help develop youth sports fields, private and federal fund raising, and replacement of sports
facilities lost when closed school sites are sold.
Jack Clapp, representing a family owned beach concessionaire since 1932, spoke regarding the
city beach as an asset to the city with recreational and financial benefits. He stated that the
parking lots needs patching or resurfacing, the landscape is dying due to inoperative irrigation
system and trees and scrubs are being removed and not replaced. He stated that the state
beach south of the city beach has better facilities, new parking lots, and the parking rate is twenty
percent higher that the city lots. He spoke in support of the Park -Beach Improvement District
proposition that is to be placed before the voters.
Michaela Wakeman, city resident and Huntington Beach Softball President, spoke in support of
youth sports and the establishment of a city-wide Park -Beach Improvement District.
Bob. Gibson, Huntington Valley Little League representative, spoke in support of the
establishment of city-wide Park -Beach Improvement District. He stated that the little leagues,
softball leagues, soccer leagues, and swimming groups are at the mercy of the school districts.
He spoke regarding inadequate and unsafe conditions on practice fields. Mr. Gibson personally
thanked the Police Department for their actions on the Fourth of July.
Trent Harris, South Huntington Beach Junior Miss Softball Co -President, stated that the leagues
in the city are not allowed to grow due to the limited facilities. He stated that the leagues meet
with Jim Engle and Bob Thrall every year to discuss field allocation. Mr. Harris informed Council
that the adult leagues max out the lighted fields and the fields are not available for youth league
use.
Robert Winchell, Huntington Beach Tomorrow representative, spoke in support of Council
approval of seven Balsa Chica Coastal Act Issues on the Bolsa Chica Plan and hiring of a
consultant to assist the city in Coastal Commission hearings regarding the Balsa Chica Local
Coastal Program.
Mary _Ellen Houseal, Amigos de Balsa Chica representative, spoke in support of the Solsa Chica
wetland being preserved and restored for future generations.
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Adrianne Morrison, Amigos de Bolsa Chica Executive Director, complimented Councilman
Sullivan and staff for their work on the seven Bolsa Chica Coastal Act Issues on the Balsa Chica
Plan. She spoke in support of the proposed conservation easement, restoration plan, tidal inlet,
and mesa roadway.
Chuck Nelson, Amigos de Bolsa Chica President, stated that for twenty years the Amigos have
been involved in efforts to preserve the Bolsa Chica wetlands and that their lawsuit included five
hundred twenty-eight (528) acres and that the current county Land Use Plan involves over eleven
hundred (1,100) acres of wetland and open space. He spoke in support of the seven Bolsa Chica
Coastal Act Issues on the Bolsa Chica Plan, adequate buffers for wildlife, and recordation of
cultural, historical and archeological artifacts.
Nancy Donaven spoke in support of a consultant to assist the city in Coastal Commission
hearings regarding the Bolsa Chica Local Coastal Program and the seven Balsa Chica Coastal
Act Issues on the Bolsa Chica Plan in particular that the tidal inlet should not have a negative
impact on the beach.
Juana Mueller, Bolsa Chica Land Trust Board member, spoke in support of a consultant to assist
the city in Coastal Commission hearings regarding the Balsa Chica Local Coastal Program.
Eileen Murphy spoke in support of a consultant to assist the city in Coastal Commission hearings
regarding the Bolsa Chica Local Coastal Program.
Marne Allen spoke in opposition to the traffic impacts that would be caused by the development
of the Bolsa Chica area and in opposition to insufficient mitigation measures proposed.
Mike Green spoke in support of the formation of a task force to study the improvements needed
in the park and beach system He requested that a maintenance endowment be part of the
proposal and that the loss and deterioration of school sites will impact open space needs and
quality of life in the city.
Jeffrey Reardon spoke in opposition to Ordinance No. 3289, prohibiting dressing or undressing in
a bathing suit in public, Ordinance No. 3294 prohibiting picketing at private residences and
Ordinance No. 3295 limiting activities in a public park.
Mayor Leipzig clarified that all of the ordinances Mr. Reardon addressed are existing ordinances
and the proposed changes would enable the City Attorney's Office to prosecute persistent
violators.
Bill Mello, Citizen's Bureau of Investigation President, stated that he received a summary of all
crimes reported in Orange County cities for the year 1994 from the Department of Justice and
that Huntington Beach is not the safest city in Orange County. He spoke in opposition to Police
Department performance, wages and benefits.
Jim Bridges, Citizen's Bureau of Investigation representative, stated that Huntington Beach is not
the safest city and spoke in opposition to Police Department performance, wages and benefits.
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Robert Ault, Committee of Correspondence representative, spoke regarding the membership vote
to establish priorities on possible new projects and read from a list of priorities.
Manny Rothstein, representative, National Rifle Association Council of Huntington Beach, spoke
in opposition to Ordinance No. 3292 prohibiting the firing or discharge a firearm within the city
limits and Ordinance No. 3293 prohibiting the wearing or carrying of a concealed pistol, dirk or
other dangerous weapon. He requested that the vote be continued to a later date in order for his
association to study the ordinances and stated that the ordinance may be in conflict with state law
and the preemption law. He stated that his association supported the Police Department and that
he hoped for a speedy and just resolution of the conflict regarding salary and benefits.
Mary DeSloover, Literacy Volunteers of America Huntington Valley representative, stated that
funding for the literacy program was cut from the federal budget. She stated benefits of the
program, statistics regarding literacy rate and hours donated by tutors. She stated that the adult
learners made better contributors to the city. She introduced John Arnold, a student in the
literacy program, and his tutor, Sherwin Cord.
John Arnold, Literacy Volunteers of America Huntington Valley representative, spoke in support of
the literacy program and expressed how the program has helped him. He requested Council's
help for the literacy program.
Sharon Valdez, Literacy Volunteers of America Huntington Valley representative, shared her
experiences of being illiterate and being passed from one grade to the next in school. She stated
that she heard about the literacy program through the city's Sands magazine. She thanked her
tutor, Carol Ball. She stated she is now a dental assistant. She expressed how important it is to
keep the literacy program alive.
Bernadette Rothert, Literacy Volunteers of America Huntington Valley representative, spoke in
support of the literacy program. She stated that she was a member of the program and
graduated in May, 1993. She spoke regarding how the program has changed her life. She
stated that she now works for the Huntington Beach School District. She thanked the city, the
literacy program and her tutor, Eleanor Freeland, for changing her life. She requested continued
Council support of the literacy program.
Wade Hawle , Literacy Volunteers of America Huntington Valley representative, spoke in support
of the courage of the students to come forward and tell their stores to Council. He stated that the
program is losing federal funding effective September 30, 1995. He requested city staff prepare
a report on alternative ways to continue funding for the program which requires forty thousand
dollars ($40,000) per year.
Carrie Thomas, Country View Estates Homeowners Association President and representative for
Central Park Five and Huntington Estates, in support of the establishment of a city-wide Park -
Beach Improvement District.
Bryan Bridges spoke in opposition to Ordinance No. 3292 prohibiting the firing and discharge a
firearm within city limits and Ordinance No. 3293 prohibiting the wearing or carrying of a
concealed pistol, dirk or other dangerous weapon stating that those things are already against the
law. He stated that the purpose of these ordinances is to close remaining gun ranges in Orange
County. 359
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Mayor Leipzig restated that the ordinances are not new ordinances and are already on the books
in the city.
Barbara Marrs, representing the Seacliff Coalition homeowners from Seacliff on the Greens, the
Estates and Huntington Seacliff and Huntington Beach Tomorrow Board of Directors member,
spoke in support of the seven Balsa Chica Coastal Act issues, hiring of a consultant to assist the
city in Coastal Commission hearings regarding the Bolsa Chica Local Coastal Program, and
establishment of a city-wide Park -Beach Improvement District. She expressed her support for the
literacy program and urged Council to assist the program.
Barry Luke stated that he moved to the city a year and a half ago due to the lower crime rate and
better school system. He stated that he and a neighbor's garages were burglarized and that the
police officers were very professional, however, there was not much they could do. He stated
that he had a witness and suspect's name but the police had not contacted them. He stated that
he confronted the suspect and that the suspect became verbally violent and threatened his family
and the witnesses family. He stated that he believes the police are understaffed. He requested
that the Police department be given the manpower to do the job.
Mike Smith, National Rifle Association Huntington Beach Council representative, thanked the
Police Department for the use of the gun range for a recent shoot and spoke in support of re-
opening the gun range. He stated that it is his second amendment right to protect himself with
whatever force is necessary. He requested Council work with the association regarding the
proposed ordinances.
Susan Guarnera spoke on behalf of her family regarding her husband, a Huntington Beach Police
Department Motor Officer, who nearly lost his life when a motorist made an illegal left turn in front
of him. She stated he has had five surgeries and a year away from his job. She requested that
Council give the officers who put their lives on the line every day fair consideration and
compensation for the job that they do for the citizens of the city.
Richard Wright, Huntington Beach Police Officer's Association President, Bruce McAlpine, Tim
Chambers, Joe Guamer, Mike Reynolds, Michael Metoyer, Christopher Tatar, Greg Davis, Bruce
Bradley, Robert Lancaster, Eddie Burgess, Communication Supervisor, Keith Nale, Terry Orosco,
Les Robinson, and R. K. Miller Huntington Beach Police Officer's Association representatives,
spoke regarding community support for Police Department efforts to achieve an equitable
settlement, request for Council to meet with the Police Officers' Association to explain benefits,
Police Department support of community programs such as the literacy program and youth
sports, invitation to Council to ride with Police Officers to view how they do their job, quality of life
and quality of public safety, Council inaction jeopardizing future safety of the city, its employees
and citizens, inadequate communication system, quality city employees in all departments, and by
paying the employee retirement contributions the city saves money.
Joe Guarner, Huntington Beach Police Officer's Association representative, presented a
communication from Dawn Louis Jordan in support of the Police Department.
Mike Reynolds read two letters from the Los Angeles times from Haydee Tillotson and Sam
Pinterpe in support of the Police Department.
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Barbara Huss spoke in opposition to Councilman Sullivan's city health insurance benefits valued
at five hundred dollars per month for three years with a contribution of only twenty-five dollars per
month for the past two months while he supported reducing city employee benefits. She stated
that by removing part-time councilmembers health insurance benefits would save the city
$168,000 for each council's term.
Councilman Sullivan responded to comments by Ms. Huss and stated that employees make a
contribution to their health plan in 7 of 10 cities comparable to Huntington Beach.
Mark Stemmer, downtown homeowner, spoke in support of the Police Department and the
service they provide. He stated that the reason the crime statistics are lower in areas policed by
the Orange County Sheriff's Office is because they do not show up to take reports.
Michael Troolines, resident, read from a letter he wrote to the Huntington Beach Police Officers
and spoke in support of the Police Department. He spoke in opposition to Mayor Leipzig showing
an empty wallet during the Fourth of July Parade when raises for the Police Department were
requested.
Eric Hill, Recurrent Lifeguard Supervisor, Kimberley Drake and Brad Smith, Huntington Beach
Surf City Lifeguard's Association representatives, spoke in opposition to the stereotyping of
lifeguards, lack of a grievance process, and the city's refusal to recognize and meet in good faith
with their association. The responsibilities of a lifeguard include: rescues, broken necks and
other medical emergencies, control of vandalism, graffiti, lost children, illegal surfing, accidents on
the service road, dogs and theft, public relations, educating the public and watching the water.
Mark Porter, Huntington Beach Tomorrow President, spoke in support of the formation of a city-
wide Park -Beach Improvement District. He also spoke regarding the sale or lease of portions of
abandoned or surplus school sites in order to retain the open space.
Recess - Reconvene
Mayor Leipzig recessed the City Council meeting at 9:35 p.m. The meeting was reconvened
by the Mayor at 9:50 p.m.
C1. (City Council) Council Committee Report - Regarding Past And Present Activities Of
The City Council Cable Committee (110.10)
The City Clerk presented a communication dated July 17, 1995 from the City Council Cable
Committee, Chairman Bauer and Councilmembers Garofalo and Dettloff regarding a report on the
past and present activities of the City Council Cable Committee. The committee's purpose is to
oversee the operations of Channel 3 and to insure adherence to City Council Policy Guidelines
for Channel 3.
Councilman Bauer reported regarding efforts to make HBTV-3 more self-sufficient.
Councilwoman Dettloff reported regarding a survey of the public in the fall to determine what they
would like to see on their channel. 3.61
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Councilman Garofalo spoke regarding Channel 3 as a profit center and marketing ideas under
consideration.
Councilman Bauer thanked Richard Barnard, Deputy City Administrator, for the technical quality
and professional staff of HBTV-3.
Mayor Leipzig also thanked the staff of HBTV-3 for their help during his programs and stated that
their service benefits the community.
tCity Council) Status Report Regarding Human Resources Council Committee
Councilwoman Dettloff reported that she is working with groups from the community regarding a
needs assessment for the community and to set priorities for the grant award.
(City Council) City Administrator Report Regarding City Employee Compensation And The
City's Financial Condition
The City Administrator stated that Robert Franz, Deputy City Administrator, Administrative
Services, had reviewed the Harvey M. Rose financial report and read from the response prepared
by Mr. Franz.
The City Administrator reported briefly regarding the status of the bankruptcy settlement.
The City Administrator presented a report using slides regarding the Orange County League of
Cities Compensation Survey dated April 1, 1995, Public Sector Compensation Administration
Basic Principles, base salary, cost of benefits, special pay, comparison to other cities, attrition,
work environment and cost of a salary increase.
A copy of the City Administrator's slide presentation was distributed to Council and the City Clerk.
Councilman Sullivan gave annual compensation figures including benefits.
In response to Councilman Bauer's question, Bill Osness, Personnel Director, reported an annual
tum-over rate of approximately three percent (3%) and that approximately ninety percent (90%) of
city employees are at the top step of their employment classification.
The City Administrator stated that the Finance Board has requested information regarding
employee compensation and special pay for bilingual, special training, educational incentive and
overtime.
Councilman Harman requested a report regarding officers leaving the Police Department for other
agencies.
The Personnel Director stated that a copy of the annual turn -over report would be provided to
Councilman Harman.
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Police Chief Lowenberg reported for the first time in recent history, two police officers who came
to the city from another law enforcement agency have chosen to go back to their original agency.
Councilman Garofalo requested that other special pay such as Anaheim's housing loan program
and Torrence's longevity pay be included in the report. He asked Councilman Sullivan what other
special pay was not in the chart. Councilman Sullivan stated that the PERS pick-up and
educational allowance was not included.
(City Council Closed Session Report Regarding Annual Evaluation of City Administrator
Mayor Leipzig reported that last week in Closed Session the City Council did an annual
performance evaluation of the City Administrator and unanimously gave him very high marks in all
areas considered.
(City Council) Report Regarding Bash At The Beach
Mayor Leipzig reported regarding the successful Bash at the Beach held Sunday, July 16, 1995
which was a peaceful recreational event with 20,000 people in attendance.
(City Council Public Hearin - Zone Change No. 94-4 - Negative Declaration No. 94-14
(Environmental Assessment) - Request To Rezone Closed Gill School Site - Presley
Companies - North Of McFadden Avenue - West Of Goldenwest Street - Approved (450.20)
Mayor Leipzig announced that this was the meeting set for a public hearing to consider the
following:
Applicant: The Presley Companies
Location: 6800 Cumberland Drive (Southeast corner at Victoria Lane) Generally located north of
McFadden Avenue and west of Goldenwest Street
Request: To permit the rezoning of the 8.82 net acre closed Gill School site from Public, Semi -
Public (PS) to Residential Low Density (RL) for single family residential purposes.
Environmental Status: Negative Declaration No. 94-4 - It was determined that with mitigation it
would not have any significant environmental effect and that a mitigated negative declaration is
warranted.
Legal notice as provided to the City Clerk's Office by staff had been published, posted and
mailed.
The Community Development Director presented a staff report.
In response to Councilman Green's question, Wayne Carvalho, Assistant Planner, reported
regarding the meeting with the Goldenwest Neighborhood Association on May 9, 1995.
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The Mayor declared the public hearing open.
The City Clerk announced an informal petition submitted by David Harris consisting of
approximately one hundred thirty-one (131) signatures of persons requesting that the
development of the closed Gill School site conform to the existing neighborhood standards.
David Harris stated that he did not know he needed to file an appeal with the city. He stated that
he had written letters to Councilmembers Bauer and Sullivan and had no response. He stated
that he did not belong to the Goldenwest Homeowners Association and that he believed they
represented a small number of the residents. He spoke in opposition to the reduced lot size,
reduced on -street parking requirements, and increased density in the proposed development and
stated that the developer should be required to build within the standards of the existing
residences.
Mari Harris spoke in opposition to the proposed development being approved with larger homes,
smaller lots and double the existing density. She urged that Council not approve the project.
Jim Bennett spoke in opposition to the increased density, to be misleading figures by the
developer abnormal parking conditions on the street, particularly on Victoria Street, reduced lot
size, and water run-off during storms will severely flood the existing area even with an additional
storm drain.
Robert Sternberg, Goldenwest Neighborhood Association Second Vice -President, spoke in
support of the proposed development. He stated that something has to be done with the site due
to increasing vandalism of the school site. He stated that the zone change would benefit the
neighborhood, increase property values and provide a park for the community.
Kenneth Fiolka, Westminster School District representative, spoke in support of the proposed
development of the Gill School site.
Mark Morse spoke in opposition to the decrease in lot size, parking problems inside the tract and
density.
Richard Harlow, Presley Company representative, spoke regarding the procedure the school
district followed to surplus the property, public improvements to Greer Park, block walls added as
a condition of approval, drainage problem solved, and compatibility with surrounding area.
Councilman Green asked how people were notified of the neighborhood meetings and Mr. Harris
state he was not sure but that he believe it was from the assessor's roll list however, he believed
staff could answer Councilman Green's question.
The Mayor asked Mr. Carvalho for a history of the notification process for the public meetings and
the public hearing notice at the Planning Commission.
Mr. Carvalho stated that the developer worked with Susan Wesley, Home Owners Association
President, on the process for the May 9, 1995 community meeting notification that he believed
was based on membership of the Association and the Planning Commission had 300 (three
hundred) feet notification.
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The Planning Director reported on staff meetings with representatives of the Home Owners
Association going back at least three years, original when Kaufman and Broad were to be the
developers. Robert Sternberg, Home Owners Association representative, reported on the method
the newsletter of the Home Owners Association which is personally delivered to every house in
the tract, over 500 houses.
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 Councilman Garofalo's question, Wayne Carvalho, Assistant Planner, reported
regarding the compliance with the General Plan Advisory Committee and that the smaller lots are
located within the interior of the tract.
In response to Councilman Garofalo's question, the Community Development Director reported
regarding the upgrade of Greer Park and that the city is working with the school districts in order
to develop a master plan for the disposal of surplus school sites.
Councilman Sullivan stated that he believed Mr. Harris had concerns regarding notification and
asked if Mr. Harris would like to comments.
David Harris reported on the developer's statements and what he believed to be misleading
figures by the developer on lot sizes and house sizes, and referred to the staff report that verifies
his contention.
Councilman Bauer presented questions regarding the proposed development plan and Wayne
Carvalho, Assistant Planner, reported regarding the planning code that allows reduced lot sizes
for planned developments approved by the Planning Commission whose body has discretionary
approval.
Councilman Bauer requested and received confirmation from the Planning Director that with
certainty the people within the required area received notification and that if the people attended
the Planning Commission hearing they are made aware of the appeal process.
Councilman Sullivan questioned the appropriateness of the conditional use permit approval
coming before the approval of the zone change.
Discussion was held regarding the comparison of the proposed development with that of the
development proposed by the earlier developer.
The Planning Director clarified the proposed zoning and alternatives that could be developed
within that zoning.
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A motion was made by Garofalo, seconded by Green, to approve Planning Commission and staff
recommendation to approve mitigated Negative Declaration No. 94-14 (Environmental
Assessment), and approve Zone Change No. 94-4, with findings for approval as outlined under
Attachment No. 1 to the Request for Council Action dated July 17, 1995, and after reading by
title, approve introduction of Ordinance No. 3297 - "AN ORDINANCE OF THE CITY OF
HUNTINGTON BEACH AMENDING SECTION 9061 THEREOF TO PROVIDE CHANGE OF
ZONING ON REAL PROPERTY FROM PS (PUBLIC -SEMIPUBLIC) TO RL (RESIDENTIAL LOW
DENSITY) ON REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF
CUMBERLAND DRIVE AND VICTORIA LANE."
In response to Mayor Leipzig's question regarding lot sizes on Melbourne Drive and Yorkshire
Lane, Richard Harlow, representing the Presley Company, deferred to staff.
Wayne Carvalho, Assistant Planner, reported that the lot widths are fifty-six feet for lots abutting
Victoria and Cumberland and fifty-four feet on the cul-de-sac.
Councilman Sullivan questioned the provision of the Government Code relating to the schools
that states that Council cannot rezone the site to open space park or recreation unless the
adjacent property is so zoned. He stated that existing Greer Park in adjacent to this property and
he believes this may allow Council to zone the property open space park or recreation.
Wayne Carvalho, Assistant Planner, responded to Councilman Sullivan's questions.
Mayor Leipzig proposed an amendment to the findings for approval by adding an additional
finding No. 3 as follows:
3. This zone change is undertaken in compliance with that Section 65.85.2.9 of the
Government Code because the Council is acting in large part a result of the
restrictions that exist because of that code.
The amendment to the findings for approval was accepted by Garofalo.
Mayor Leipzig proposed an amendment to the findings for approval by deleting the second
sentence in the second finding as follows:
2. The proposed zone change form Public Semipublic to Residential Low Density
is consistent with surrounding land uses. The proposed 58 lot subdivision is
consistent with the density under the Residential Low Density zoning
classification.
The amendment to the findings for approval was accepted by Garofalo and Green.
Amended Findings For Approval - Zone Change No. 94-4
1. The proposed zone change of the 8.82 acre school site from Public Semipublic
to Residential Low Density conforms with the Low Density Residential Land Use
designation of the Land Use Element, and the policies contained in the Housing
366 Elements by providing a variety of housing types.
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2. The proposed zone change form Public Semipublic to Residential Low Density
is consistent with surrounding land uses.
3. This zone change is undertaken in compliance with that Section 65.85.2.9 of the
Government Code because the Council is acting in large part a result of the
restrictions that exist because of that code.
Councilman Sullivan questioned staff as to whether this project had been approved by the
Planning Commission on land that was improperly zoned and Wayne Carvalho, Assistant
Planner, stated that it had not; that then when approved it contained a provision and was
contingent on the zone change being approved by Council.
Councilman Sullivan presented reasons why he did not believe the project was compatible with
the surrounding neighborhood. He stated that the City Attorney was absent from the room, but
he believed there may be a possibility for the Council to become involved as it was an incomplete
action on land and there was a question on what Council would do with the zoning.
Discussion was held between Councilman Bauer and the Planning Director regarding the appeal
process and the manner in which this zone change is before Council.
The City Attorney reported on the Government Code provisions relative to zoning of school sites.
The original motion made by Garofalo, seconded by Green, and amended by Leipzig, was
approved by the following roll call vote:
AYES: Harman, Bauer, Leipzig, Dettloff, Green, Garofalo
NOES: Sullivan
ABSENT: None
Motion To Continue Meetina To A Later Date - FAILED
A motion was made by Green due to the lateness of the hour to adjourn the meeting and to
continue the meeting to a later date. Councilman Garofalo seconded the motion with the
amendment that the consent calendar items be handled prior to the adjournment of the meeting.
Councilman Green accepted the amendment.
Councilman Harman stated that he had two items on the agenda and would like to address those
tonight.
The motion FAILED by the following roll call vote:
AYES: Green, Garofalo
NOES: Harman, Bauer, Sullivan, Leipzig, Dettloff
ABSENT: None
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Consent Calendar - Items Removed
The following items were requested by Councilmembers to be removed from the Consent
Calendar for separate consideration: (Bauer) status report on children's needs task force and
collaboration with Huntington Youth Shelter for Family Preservation and Delinquency Prevention
Services and other juvenile crime prevention programs.
Consent Calendar - Items Approved
On motion by Green, second Garofalo, the following Consent Calendar items were approved as
recommended, by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: Councilman Sullivan Voted No on Agreement with Abdelmuti Development Company
and Visiontek, Incorporated
ABSENT: None
(City Council/Redevelopment Agency) Minutes Approved and Adopted - Approved and
adopted minutes of the Council/Agency adjourned regular meetings of May 6, 1995, May 8, 1995
and May 12, 1995 as written and on file in the Office of the City Clerk.
(City Council) Final Tract Map No. 14655 - TNR Development Corporation - Subdivision
Agreement - East Of Lake Street Between Frankfort Avenue And Pecan Avenue - Approved
(420.60) - Approved Final Tract Map No. 14655 and accepted the offer of dedication and
improvements and bonds pursuant to the following findings and requirements: The Final Tract
Map is in conformance with the California Subdivision Map Act, the City of Huntington Beach
Subdivision Ordinance and Tentative Tract No. 14655 conditions of approval as approved by the
Planning Commission, offer of dedication and improvements and subject to completion of
requirements shown on the tentative map; instructed the City Clerk to file the following bonds with
the City Treasurer: Faithful Performance Bond and Labor and Material Bond Nos. 3SM80677900
and Monument Bond No. 3SM80678000 and instructed the City Clerk to not affix her signature to
the map nor release it for preliminary processing by the County for recordation until conditions 3-a
through 3-d are complied with; approved and authorized execution by the Mayor and City Clerk of
the Subdivision Agreement.
(City Council) Appropriation Of Funds For Legal Advertising - Approved (320.45) - Approved
appropriation and transfer of $9,000 from the unappropriated General Fund balance to the Non
Departmental Advertising Account No. AA-ND-101-407 to provide sufficient funds to cover legally
required advertisements of the city.
�:
Page 15 - Council/Agency Minutes - 07/17/95
(Redevelopment Agency) Approved As To Fact Of Lease Only Between Abdelmuti
Development Company And Visiontek. Incorporated - Oceanview_Promenade - Main
Street/Pacific Coast Highway - (Main -Pier Redevelopment Project Area) - Approved (600.30)
Approved (As To Fact of Lease Only) the lease between Abdelmuti Development Company and
Visiontek, Incorporated, as summarized in the Basic Lease Provisions, Attachment No. 1, to
Request for Council Action, regarding Office space of the second floor and one half of the third
floor of the Oceanview Promenade. Councilman Sullivan Voted No.
(City Council) Status Report on Children's Needs Task Force - Approved - Staff Directed To
Return With An Ordinance Establishing The Task Force As A Standing -Committee Of The
city (110.10)
The City Council considered the agenda communication from the Administrative Services
Department regarding a status report on the Children's Needs Task Force.
Councilman Bauer stated that he did not support the structure of this Task Force.
Councilwoman Dettloff stated that she and Councilman Sullivan serve on this Task Force and
would meet with Councilman Bauer to discuss his concerns.
On motion by Green, second Garofalo, the City Council accepted and filed the Status Report on
the Children's Needs Task Force and approve continuation of the Children's Needs Task Force
and direct staff to return with an ordinance establishing the Task Force as a standing committee
of the City. The motion carried by unanimous vote.
(City Council) Collaboration With Huntington Youth Shelter - Family Preservation And
Delinquency Prevention Services And Other Juvenile Crime Prevention Proarams -
Resolution No. 6700 - Approved (570.50)
The City Council considered the agenda communication from the Administrative Services
Department regarding direction to the Children's Needs Task Force to act as an advisory
committee for the collaboration between city and Huntington Youth Shelter.
Councilman Bauer stated that he did not support the structure of this Task Force.
Councilwoman Dettloff stated that she and Councilman Sullivan serve on this Task Force and
would meet with Councilman Bauer to discuss his concerns.
On motion by Green, second Garofalo, Council adopted Resolution No. 6700 - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PERTAINING TO THE
HUNTINGTON YOUTH SHELTER." Resolution directs the Children's Needs Task Force to act
as an advisory committee for the collaboration between city and Huntington Youth Shelter. The
motion carried by unanimous vote.
3 G9
Page 16 - City Council/Redevelopment Agency Minutes - 07/17195
(City Council Amendment No. 1 To Consultant A reement - Envicom Corporation,
Incorporated - Comprehensive Update Of General Plan - Fund Appropriation - Approved
(600.10) - Approved and authorized execution of Amendment No. 1 to the Agreement between
the city and Envicom Corporation, Incorporated for services regarding the Huntington Beach
General Plan Update in the amount of $15,000 to complete the comprehensive update of the
General Plan and appropriation of $15,000 from the Gas Tax Fund for consulting services to
provide additional project management and additional meetings to complete the comprehensive
update of `he General Plan.
(City Council) Agreement To Provide Staffing Services - Employment Systems, Incorporated
- Lease Of Temporary Personnel For Building And Safety Division - Approved (600.10) -
Approved and authorized the Mayor and City Clerk to execute the Agreement to provide staffing
services between the city and Employment Systems, Incorporated in an amount not to exceed
$40,000 to lease personnel for Building and Safety Services.
(City Council) General Plan Amendment Request For Traffic Modeling Information - Transfer
Of Measure M Funds - Purchase Orders - RKJK And Associates And DKS Associates -
Approved (600.95)
The City Council considered the agenda communication from the Director of Public Works
informing Council that an additional traffic model scenario for the Circulation Element of the
General Plan update has been requested. The results of the new modeling scenario will be used
to assess the Land Use alternative proposed in the General Plan update. City Council approval is
needed to obtain funding for the preparation of the additional traffic model data.
A motion was made by Dettloff, seconded by Harman, to approve the transfer of $9,340.00 from
the Unallocated Measure M balance to Account Number E-AA-PW-4-15-3-88-00 and authorized
the Director of Public Works to issue purchase orders for the work to be performed by RKJK and
Associates and DKS Associates per written quotation received as outlined under Attachment
No. 1 to the Request for Council Action dated July 5, 1995. The motion carried by the following
roll call vote:
AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: None
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Page 17 - Council/Agency Minutes - 07/17/95
Ci Council Request For Council Approval of Seven 7 Bolsa Chica Coastal Act Issues -
Approved (440.60)
The City Council considered the agenda communication from the Community Development
Director informing Council that pursuant to Council direction, the Bolsa Chica Council Committee
and staff have refined the City Council's Bolsa Chica principles to be consistent with Coastal Act
provisions as well as identified additional areas which the City Council should pursue through the
Coastal Commission's review of the Bolsa Chica Local Coastal Program (1) Conservation
Easement, (2) Mesa Top Buffer, (3) Wetland Restoration Plan, (4) Mesa Top Roadway, (5)
Cultural/Historical Memorialization, (6) Compatibility with Existing Los Patos Development, and (7)
Product Type}.
A communication was received from Eileen Murphy dated July 17, 1995 regarding the Agenda
Item pertaining to the Bolsa Chica Coastal Act Issues. This communication had been announced
earlier in the meeting by the City Clerk.
The Community Development Director read in the record the action of the Bolsa Chica Committee
at its last meeting on Friday, July 14, 1995. She stated that the Committee recommended
additional language to Section Seven (7) on Page Four (4) of the Request for Council Action
dated July 17, 1995 as follows:
7. Product Type. The LCP is not specific enough to determine the percentage of
single and multi -family units proposed for development. Development of the
Bolsa Chica should be compatible with the City of Huntington Beach. The
Council Committee and staff recommend that the city request that the LCP
reflect the same percentage of single and multi -family units that exists in the
immediate project vicinity which is not less than sixty-six and two-thirds
percent single family units as identified in the City of Huntington Beach
General Plan.
Julie Osugi, Associate Planner, presented a staff report using slides regarding the conservation
easement, mesa top buffer, wetland restoration plan, mesa top roadway, cultural/historical
memorialization, compatibility with existing Los Patos development, and product type.
Councilwoman Dettloff spoke regarding news that the lowlands will be acquired and restored by
the Department of the Interior in mitigation for the ports.
Councilman Garofalo requested an amendment to the map on Page Eleven (11) of the Request
for Council Action to reflect that it is a city map and that it is a conceptual map.
A motion was made by Dettloff, seconded by Sullivan, to approve the amended seven (7) Coastal
Act related issues on the Bolsa Chica Land Plan as recommended by the City Council Committee
and the staff on the Bolsa Chica; amend the map on Page Eleven (11) of the Request for Council
Action to reflect that it is a city map and that it is a conceptual map; and with a caveat that the
Council Committee and staff continue to met with the Koll Company, Department of Fish and
Game and Department of Fish and Wildlife. The motion carried by unanimous vote.
371
Page 18 - City Council/Redevelopment Agency Minutes - 07/17/95
(City Council Continued From June 19 1995 - Hiring Of Consultant To Assist City In Coastal
Commission Hearings - Bolsa Chica Local Coastal Program - Rose And Kindal - Susan
McCabe -Approved (600.10)
The City Council considered the agenda communication from the Community Development
Director regarding the re -issuance of the Request for Proposals for a consultant to assist the city
in lobbying the California Coastal Commission to address the city's concerns regarding the Land
Use Plan for the Bolsa Chica.
The Community Development Director presented a staff report.
Councilman Garofalo requested a list of the scope of services for the project.
The Community Development Director stated that an agreement and the scope of services would
be presented at the August 7, 1995 meeting.
A motion was made by Bauer, seconded by Harman, to appropriate $25,000 from the General
Fund for consultant services to assist the city in lobbying for its interests in the Bolsa Chica; and
direct staff to negotiate with Susan McCabe, of Rose and Kindal, for services to assist the city in
addressing the city's Coastal Act related issues with the Bolsa Chica Land Use Plan during the
Coastal Commission processing of the Balsa Chica Local Coastal Program (LCP) in an amount
not to exceed $25,000, and return to City Council for action on a contract on August 7, 1995. The
motion carried by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: None
ORDINANCES FOR ADOPTION
The City Attorney reported regarding the following ordinances which will give the city an additional
method for dealing with this kind of activity.
The Police Chief reported that this is a strategy to use as a civil means of getting an injunction
against gang members who violate these kinds of laws in groups.
A motion was made by Green, seconded by Garofalo, to adopt the following ordinances after the
City Clerk reads by title. The motion carried by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: None
372
Page 19 - Council/Agency Minutes - 07/17/95
(City Council Ordinance No. 3288 - Public Nuisance To Interfere With Vision Of Police
Officer, Peace Officer Or Special Officer - Adopted (640,10) - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.04 OF THE HUNTINGTON BEACH
MUNICIPAL CODE BY ADDING SECTION 9.04.020 PERTAINING TO NUISANCE."
(City Council Ordinance No. 3289 - Public Nuisance To Dress Or Undress In Bathing Suit In
Public - Adopted (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 9.20 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING
SECTION 9.20.040 PERTAINING TO NUISANCE."
(City Council Ordinance No. 3290 - Public Nuisance To Breathe Or Drink Glue Etc. -
Adopted (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 9.40 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION
9.40.040 PERTAINING TO THE INHALING OF CERTAIN SUBSTANCES TO BE A NUISANCE."
(City Council Ordinance No. 3291 -Public Nuisance To Drink Alcohol On Public Street Etc. Adopted (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 9.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION
9.44.040 PERTAINING TO NUISANCE."
(City Council Ordinance No. 3292 - Public Nuisance To Fire Or Discharge A Firearm Within
City Limits - Adopted (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 9.76 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING
SECTION 9.76.020 PERTAINING TO NUISANCE.
(City Council Ordinance No. 3293 - Public Nuisance To Wear Or Carry Concealed Pistol
Dirk Or Other Dangerous Weapon -Adopted (640.10) -"AN ORDINANCE OF THE CITY OF
HUNTINGTON BEACH AMENDING CHAPTER 9.80 OF THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING SECTION 9.80.040 PERTAINING TO NUISANCE."
(City Council Ordinance No. 3294 - Public Nuisance To Block Sidewalk Or Entrance To
Public Building - Adopted (640.10) - "AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING CHAPTER 12.32 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY
ADDING SECTION 12.32.100 PERTAINING TO NUISANCE."
(City Council Ordinance No. 3295 - Public Nuisance To Commit Any Act As Described In
Sections 13.48.010 Through 13.48.150 In A Public Park - Adopted (640.10) - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.48 OF THE
HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 13.48.155 PERTAINING TO
NUISANCE."
(City Council Ordinance No. 3296 - Public Nuisance To Commit Any Act Described In
Foregoing Sections On Or Within Premises Of Any Public Building - Adopted (640.10) - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.52 OF THE
HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 13.52.030 PERTAINING TO
NUISANCE."
373
Page 20 - City Council/Redevelopment Agency Minutes - 07/17/95
(City Council) Announcement Of Appointment To City Investment Advisory Board - Gloria
Winscott (110.20)
Councilman Garofalo announced his appointment to the City Investment Advisory Board of Gloria
Winscott.
(City Council) Announcement Of Appointment To City Investment Advisory Board - Warren
Hall (110.20)
Councilman Green announced his appointment to the City Investment Advisory Board of Warren
Hall.
(City Council Announcement Of Appointment To City Investment Advisory Board - Philip
Inglee (110.20)
Councilwoman Shirley Dettloff announced her appointment to the City Investment Advisory Board
of Philip ingfee.
(City Council Announcement Of Appointment To Ci Investment Adviso Board - Nicole
Grau (110.20)
Mayor Leipzig announced his appointment to the City Investment Advisory Board of Nicole Grau.
(City Council Announcement Of Appointment To City Investment Advisory Board - Tom
Foumont (110.20)
Mayor Pro Tem Sullivan announced his appointment to the City Investment Advisory Board of
Tom Foumont.
(City Council Announcement Of Appointment To City Investment Advisory Board - Robert
Winchell (110,20)
Councilman Bauer announced his appointment to the City Investment Advisory Board of Robert
Winchell.
(City Council) Announcement Of Appointment At A Later Date To City Investment Advisory
Board (110,20)
Councilman Harman announced that he would make his appointment to the City Investment
Advisory Board at a later date.
374
Page 21 - Council/Agency Minutes - 07/17/95
(City Council) Establishment Of City-wide Park -Beach Improvement District - Approved
(350.30)
The City Council considered the agenda communication from Councilman Harman regarding the
establishment of a city-wide Park -Beach Improvement District, that if approved by the voters,
would provide the necessary funding to pay for needed park improvements, a Youth Sports
Complex and other related capital improvements.
The Community Development Director reported.
Councilman Garofalo spoke in support of a "city assessment district" and to not limit the district
to a park and beach improvement but to include economic enhancement for the city as well.
A motion was made by Harman, seconded by Bauer, to approve the following:
1. Tentatively approve in "concept" the idea of establishing a city-wide Park -
Beach Improvement District, as authorized by the Landscaping and Lighting Act
of 1972 (California Streets and Highways Code Section 22500 et. seq.), and
2. Direct the Community Services Director to develop a list of suggested city-wide
improvements needed in the Park/Beach system and identify the approximate
cost of each such project, and
3. Direct staff to submit the list and cost estimates to the Community Services
Commission and the Finance Board for review, comment, and action, and
4. Direct staff to return to Council with an Request for Council Action concerning
the Park -Beach Improvement District for final review and action by the Council,
and
5. Direct staff to accomplish the foregoing in a timely manner so that the question
of the establishment of a Park -Beach Improvement District could be submitted
to the voters in March, 1996.
The motion carried by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: None
(City Council) Proposed Council Lepal Affairs Committee -Approved (110.10)
Councilman Harman reported that the current procedures used by the City Council to
analyze and make decisions concerning litigation cases is cumbersome, ineffective and
facilitates "crisis management'. He recommended a Council committee to meet and
confer with the City Attorney concerning all current and future litigation cases on an "as
needed" basis.
37.5
Page 22 - City Council/Redevelopment Agency Minutes - 07/17/95
The City Attorney spoke in support of the proposed committee and stated that the committee
would meet the requirements of the Brown Act.
Mayor Leipzig and Councilmembers Harman and Sullivan were appointed to serve on the Council
Legal Affairs Committee.
A motion was made by Green, seconded by Dettloff, to approve the following:
1. Appoint a three -person Council committee that will meet and confer with the City
Attorney concerning all current and future litigation cases on an "as needed"
basis, and
2. Direct the Council committee to work with the City Attorney to establish and
adopt appropriate cost controls in connection with the retention of outside legal
counsel, and
3. Direct the Council committee to report back to the City Council as a whole on
any matters that are to be placed on the Council Agenda by the City Attorney's
office for closed session discussion by the Council.
The motion carried by the following roll call vote:
AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: None
Status Report Regarding Replacement of City Treasurer
The City Administrator reported that he and the City Treasurer are working on the application
process for replacement of the City Treasurer.
Councilman Harman Unable To Attend July 21 and July 24, 1995 City Council Meetings
Councilman Harman announced that he would be absent from the July 21 and July 24, 1995
meetings.
376
Page 23 - Council/Agency Minutes - 07/17/95
ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY
The Mayor adjourned the adjourned regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to Friday, July 21, 1995, at 7:30 a.m. for a Mayor's Forum
at the McDonnell Douglas Aerospace Conference Facility, Bolsa Chica, Huntington Beach, CA
9264$.
ATTEST:
FARM Z & 10 M-0 �
City Clerk/Clerk
i
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach, and
Clerk of the Redevelopment Agency of the
City of Huntington Beach California
Mayor/Chairman
377