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HomeMy WebLinkAbout1997-05-05MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Monday, May 5, 1997 An audio tape recording of the 5:00 p.m. portion of this meeting and a video tape recording of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. CALL TO ORDER Mayor Bauer called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:12 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Green, Garofalo, (Sullivan arrived at 5:13 p.m.) Absent: None (CITY COUNCIL) STUDY SESSION - PRESENTATION BY SOUTHERN CALIFORNIA EDISON COMPANY REPRESENTATIVE REGARDING DIVESTITURE AND POSSIBLE SALE OF SOUTHERN CALIFORNIA EDISON FACILITY LOCATED AT PACIFIC COAST HIGHWAYINEWLAND STREET (1040.20) The Community Development Director presented a background report regarding the divestiture and possible sale of the Southern California Edison facility located at Pacific Coast Highway and Newland Street. She informed Council that she and the Economic Development Director are working on this issue. A report from the Southern California Edison Company titled Overview of California's Electric Industry Restructuring was distributed to the City Council by the Community Development Director. Jerry Dominguez, Area Manager for the Southern California Edison Company, reported on reasons for the deregulation, including the effect on consumers. He reported on the history of the need for the Southern California Edison plant and informed Council it was planned to put it up for sale by the end of the year. He stated that Southern California Edison plans to run it on a contractual basis for two years. Mr. Dominguez reported on the rumor that the plant is to be packed up and shipped to China, stating that this was next to impossible due to the difficulty of ever obtaining permits to operate such a plant on the coast again. Mr. Dominguez stated that the plant was operating at 40% capacity. He stated that only the generation portion of the 922 Page 2 - Council/Agency Minutes - 05/05/97 plant was being deregulated; that the substations will continue to be operated by Southern California Edison. Mr. Dominguez informed Council that Southern California Edison would continue to be a large utility company and property owner and would retain approximately 88 acres of the property at the site. He reported on a map he had distributed to Council titled Huntington Beach Generating Station (undated). Mr. Dominguez then brought Council's attention to two large wall photographs of the Southern California Edison property and pointed out areas of information, including the portion of the property Southern California Edison will retain. In response to Mayor Pro Tern Dettloff, Mr. Peter Mercer, Southern California Edison Company representative, reported on the type of bidders expected to bid on the plant; that there is no requirement that bidders have experience in plant operation; that if not, they would have to hire someone who does. Mr. Dominguez, in response to Mayor Pro Tern Dettloff, stated that Southern California Edison would still have the transmission and distribution facilities thus would remain a partner with the generating operator. He responded to Mayor Pro Tem Dettloff s question as to will the plant always remain a generating facility, stating that Huntington Beach is on the list of most necessary plants. Mr. Dominguez reported on why Southern California Edison has decided to deregulate. Councilmember Garofalo spoke regarding his concern that the city have more control over the new operators than it has over the current operators. Mr. Mercer stated that the list of bidders is not being disclosed at this time, not even to the Public Utilities Commission. He stated that there is a list of 700 parties who have expressed interest. He informed Councilmember Garofalo how the city could be put in touch with those who are interested. Mr. Dominguez stated that the Public Utilities Commission will have input as to the buyers. In response to Councilmember Sullivan, Mr. Mercer stated that there was no restriction on foreign buyers. Discussion was held regarding the future of the tanks at the facility. In response to Councilmember Harman, Mr. Dominguez stated that he did not know the plans for the 88 acres Southern California Edison is retaining. In response to a question by Councilmember Harman, Mr. Dominguez reported on what he believes to be the effect of the divestiture on the city, stating that a new operator will be subject to the same controls on permitting requirements as Southern California Edison now has to abide by. The Community Development Director stated that the Public Utilities Commission is now performing an Environmental Impact Report (EIR) on this issue. She informed Council that the city has presented concerns and questions which the city requests be addressed. Economic Development Director Biggs informed Council that the city has taken the lead in organizing meetings between the coastal cities and power plants_ He stated that in the next Bo days staff hopes to return with a report on how the city can participate and the cost to the city. 923 05105197 - City Council/Redevelopment Agency Minutes - Page 3 The Economic Development Director informed Council that Jim Lamb, Project Manager, had attended the first bidders' meeting and a memorandum had been sent to Council. Councilmember Harman stated that he sits on the Southern California Association of Governments (SLAG) Committee on this issue and that a seminar is being scheduled by the Southern California Edison Company, conducted by SCAG. He recommended staff attend the seminar. PUBLIC COMMENTS ON STUDY SESSION OR CLOSED SESSION ITEMS There were no persons present to address Council regarding the study session or closed session items scheduled on the agenda. MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80) A motion was made by Harman, second Garofalo, to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote. Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Casey, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. (120.80) Closed Session - Redevelopment Agency 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 agency is a party. The title of the litigation is Bloom v. Redevelopment Agency - Orange County Superior Court Case No. 67 13 06 or Fourth District Civ. No. G015412. Subject: Bloom v. Redevelopment Agency (400.50) RECONVENE The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: None 924 Page 4 - Council/Agency Minutes - 05/05/97 FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by Commander John Maxwell, Huntington Beach American Legion Post 133 and Veterans of Foreign Wars Post 7368 and 1158. (CITY COUNCIL) OPENING OF WAR MEMORIAL TIME CAPSULE PLACED AT HUNTINGTON BEACH CITY HALL (130.55) The Mayor invited Bob Kakuk, representative of the Vietnam War Veterans of Orange County, members of Huntington Beach American Legion Post 133, and Huntington Beach Veterans of Foreign Wars Post 7368 and 1158 to open the time capsule that the Joseph Rodman American Legion Post 133 in 1949 had placed at the old Huntington Beach City Hall War Memorial site. The Mayor reported that the time capsule was found when the old monument was removed last week in preparation for the new veterans' war memorial to be dedicated on May 26, 1997. Bob Kakuk opened the time capsule. Upon opening the capsule, it was discovered that the contents had badly deteriorated; however, it was believed that the contents listed papers naming those who had joined the Armed Services from the City of Huntington Beach. (CITY COUNCIL) INVITATION TO MEMORIAL DAY CEREMONY AND HUNTINGTON BEACH VETERANS' MEMORIAL UNVEILING - MAY 26, 1997 (130.55) The Mayor, on behalf of the Huntington Beach City Council, extended an invitation to the Huntington Beach community to attend the Memorial Day service and the Huntington Beach Veterans' Memorial unveiling ceremony to be held on the lawn south of the east main entrance to the City Hall Administration Building on Monday, May 26, 1997 from 10:35 a.m_ to 12:00 noon. PRESENTATION - To Mayor Ralph Bauer and the City Council by Dean Allison, Habitat for Humanity representative, and Barbara D'Amore, Executive Director of Orange County Habitat for Humanity, of an award naming the City of Huntington Beach as City Partner of the Year. (160.40) Ms. D'Amore presented a memento to the city. In response to the Mayor, Ms. D'Amore stated that volunteers to work with Habitat for Humanity are always welcome. PRESENTATION - By Mayor Ralph Bauer and the City Council of a proclamation to Les Jones, Public Works Director, proclaiming the week of May 18 - May 24, 1997 as National Public Works Week and hereby extending an invitation to all citizens to celebrate Public Works Week by attending the Huntington Beach Public Works Open House on Saturday, May 17, 1997 at the Donald W. Kiser Corporation Yard, 17371 Gothard Street, Huntington Beach from 10.00 a.m. to 2:00 p.m. (160.40) 925 05/05/97 - City Council/Redevelopment Agency Minutes - Page 5 PRESENTATION - To Mayor Ralph Bauer and the City Council and Diana Casey, Chair, Huntington Beach Art Center Foundation, of a check for $2,500 from the Shell Oil Foundation presented by Mr. John Limousin, Cal Resources Manager, Operations, L. A. Basin, for the Huntington Beach Art Center Foundation. (160.40) PRESENTATION - To Mayor Ralph Bauer and the City Council and Ron Hagan, Community Services Director, of checks in the amount of $500 from the Shell Oil Foundation for the Oakview Community Center and $3,500 for the Project Self -Sufficiency Program. (160.40) PRESENTATION - To Mayor Ralph Bauer and the City Council and Norma Brandel Gibbs, Library Patrons Foundation representative, of a check for $3,000 from the Shell Oil Foundation presented by Mr. John Limousin, Cal Resources Manager, Operations, L. A. Basin, for the Oakview Branch Library for books and library materials. (160.40) LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following late communications regarding Agenda Items which had been received following distribution of the agenda: Southern California Edison Company Report titled Overview of California's Electric Industry Restructuring Southern California Edison Company Map of the Huntington Beach Generating Station Communication from the Community Development Director dated May 5, 1997 regarding the Holly-Seacliff Development Agreement Slide Report from the Community Development Director dated May 5, 1997 regarding Annual Holly-Seacliff Development Agreement Compliance Report Communication from the City Attorney to Mayor and Councilmembers dated May 5, 1997 Subject: Holly Seacliff Development Agreement 1996 Compliance Report, Agenda Item D-1, 515197 City Council Meeting Slide Report from the Community Development Director dated May 5, 1997 regarding Zoning Map Amendment No. 95-1 Slide Report from the Community Development Director dated May 5, 1997 titled Sign Code Rewrite - Zoning Text Amendment No. 95-6 Communication from Fred Speaker, S & S Auto Leasing, Incorporated dated May 5, 1997 regarding New Sign Code for Huntington Beach in support of Zoning Text Amendment No. 95-6 926 Page 6 - Council/Agency Minutes - 05/05/97 Communication from Dave Eckermann, Huntington Beach resident, dated May 5, 1997 to the Mayor and City Councilmembers regarding Firearms Preemption Bill - in opposition Memorandum from Mayor Bauer to the City Administrator dated May 5, 1997, Subject: Response to Koll Letter of April S, 1997 Communication from Eileen Murphy dated May 5, 1997 regarding Koll Water 30 Day Notice Communication from James R. Proctor, Proctor Consulting Group, Incorporated dated May 1, 1997 titled Clarification of Public Places - in opposition Communication from the City Attorney to Mayor and City Councilmembers dated May 2, 1997, Subject: Proposed Option D Ordinance - Prohibition of Consumption of Alcohol in Public View With A Dry Zone July 4; City Council Meeting May 5, 1997 Agenda - item F-3 Council Subcommittee Report from Councilmember Dave Garofalo to the Mayor and City Councilmembers dated May 5, 1997, Subject: A Follow-up Report On Request To Allow Me To Work On Private Funding CDBG Process - Job Center Status And Funding City Treasurer's Slide Report Communication from the Huntington Beach Environmental Board dated January 11, 1997 regarding Sign Code Rewrite - Zoning Text Amendment No. 95-6 Communication from Dominick A. Tomaino, member of the City Council Sign Code Subcommittee, dated April 29, 1997 expressing concern regarding the final draft of the sign ordinance Communication from Councilmember Sullivan titled Koll Letter Additions by Councilman Sullivan PUBLIC COMMENTS ERIN LILLARD expressed his appreciation to the Mayor for his contribution of equipment to the City Pool. BOB TRAVER brought seven ducks in a little bathtub which were named after the City Councilmembers and anonymously donated in their names for the Duck-A-Thon. He extended an invitation to the Duck-A-Thon to all members of the community, stating the assistance the event proceeds give to the Huntington Beach Community Clinic. BOB KAKUK, representing the Orange County Vietnam War Veterans, addressed Council regarding the agenda item recommending approval of the perpetual flying of the flag of the United States of America and the POW/MIA flag at the new Veterans' Memorial Civic Center site. He spoke regarding the importance of flying the POW/MIA flag and the fact that it represents all servicemen from all wars who are missing in action. 927 05/05/97 - City Council/Redevelopment Agency Minutes - Page 7 CHARLES WALTER presented a slide report on preventing heart attacks and strokes for the information of Council and the public. BETH SPENCER informed Council of the theaters on the Golden West College campus. She invited all to attend the upcoming performances. EILEEN MURPHY addressed Council in opposition to the city providing water to Koll Company for their Bolsa Chica project. She presented reasons, including cumulative impacts at buildout of the project. JUANA MUELLER spoke in opposition to the Koll Company proposal, stating that the Koll Company should not be allowed to force the water issue into a service package. BOB WINCHELL presented a slide report which he stated demonstrates financial loss to the city should the Koll Company project be approved. He requested that Council do as the Mayor and speakers have requested Council to do; that is to say "No" and ask the Koll Company to get water elsewhere. Mr. Winchell stated that the Koll Company should pay the city what the city's losses will be and then water service will be considered. Mr. Winchell spoke in support of the agenda item placed by Mayor Pro Tem Dettloff to be considered later in the meeting for acquisition of the Bolsa Chica mesa by purchase or land exchange. DEAN ALBRIGHT showed a letter dated February 14, 1977 from Bill Hartge, City Engineer, to Floyd Belsito, City Administrator, regarding a bid award on a water project using city water funds. He stated that this letter was indicative that the city had ability to collect enough water from its water fees to keep up and maintain city water infrastructure. He spoke regarding the city's ability to do this today. He spoke regarding the importance of water fees not going into the General Fund such as occurred for rebuilding the pier. He spoke in opposition to subsidizing developers. Mr. Albright stated that developers should pay their way as they are in a better position to do so. DENNIS DAVENPORT spoke against the recommendation that Council support Assembly Bill No. 247 (Firearms Preemption) which is on the agenda. He presented reasons for his viewpoint. JO.HN LYNCH spoke in opposition to Council's support of Assembly Bill No. 247 (Firearms Preemption). He requested action be deferred to allow more deliberation on the issue. SIEGFRIED PINCHUT addressed Council in opposition to Assembly Bill No. 247 (Firearms Preemption), stating that he did not believe the citizens of Huntington Beach were in favor of the legislation. CHUCK MCKINLEY spoke in opposition to Assembly Bill No. 247 (Firearms Preemption) and requested Council oppose the legislation. CONNIE BOARDMAN, representing the Balsa Chica Land Trust, spoke in support of Mayor Pro Tern Dettloff's item on the agenda regarding the acquisition or trade of property for the Bolsa Chica. Ms. Boardman stated that many people believe that the 880 acre purchase by the state saved the entire Bolsa Chica which is not the case. She stated that the Balsa Chica Land Trust does not support providing water services to the Koll Company. Ms. Boardman Page 8 - Council/Agency Minutes - 05/05/97 stated that the purpose of the Boyle Engineering Company report should have been to ascertain the disadvantages to the city to provide water to the Koll Company as well as the advantages, also to determine if the developer could obtain the water elsewhere and what the cost would be. She stated that she would like to know when the Boyle Engineering Company report will be completed as well as any additional conclusions the consultants have reached regarding the issue. TOM LOGAN, member of the Bolsa Chica Land Trust and member of the Citizens Bureau of Investigation, spoke in opposition to providing water to Koll Company. He gave reasons in opposition to the letter written by Ed Mountford, representative of the Koll Company, to the City Council on this matter. Mr. Logan spoke in opposition to the recommended action on the agenda, stating that Koll Company's proposal should be rejected out of hand. He stated that the waterworks are owned by the people and that any issue affecting city water should be put to a vote of the people. JACQUE GEIER-LAHTI stated that relative to the recommended action on the agenda she is left with the impression that the rest of the Koll Company proposal to the city is satisfactory other than the water issue. She stated that there is no supporting information in the Council packet regarding staffs support. Ms. Geier -Lahti stated an emergency on Koll Company's part is not an emergency on the city's part and approval would result in taxpayers' money wasted. She stated support for Mayor Pro Tem Dettloff s agenda item regarding acquisition of the Solsa Chica. Discussion was held between Ms. Geier -Lahti and Councilmember Garofalo regarding her opinion on whether the issue should be placed on the ballot. JAN VANDERSLOOT requested that an Environmental Impact Report be prepared before any agreement is reached with the Koll Company. He stated that it is up to city staff to determine if Califomia Environmental Quality Act (CEQA) requirements have been met. He thanked Mayor Pro Tem Dettloff for her agenda item relative to purchase or acquisition of the Bolsa Chica mesa. MARIE ST. GERMAIN stated that last years police enforcement in the downtown area during the Fourth of July was the best experienced. She spoke in opposition to the City Attorney's proposed ordinance relative to drinking in public. THOMAS LAMBERT spoke in opposition to Assembly Bill No. 247 (Firearms Preemption). He stated that Senate Bill No. 517 should have been included on the agenda for approval as it would have supported an Olympic size gun range in the city. He spoke in support of the remaining recommendations on legislation contained in that particular Council item. JOHN FORT urged opposition to Assembly Bill No. 247 (Firearms Preemption) and stated his reasons, including what he believes will be confusion caused by the addition of city law on this matter. PAUL LAVELLE applauded the efforts of police in the past years in dealing with the Fourth of July situation in the city. He spoke in opposition to the definition of "public places" as set forth in the proposed drinking in public regulatory ordinance. Mr. Lavelle stated his support for the City Attorney's position on this issue. 929 05/05/97 - City CouncillRedevelopment Agency Minutes - Page 9 MANNY ROTHSTEIN spoke in opposition to Assembly Bill No. 247 (Firearms Preemption) and presented reasons, including the opinion of State Attorney General Lungren that it will cause an administrative nightmare. He stated that there should be citywide consensus and at the least a public hearing held on the matter. In response to Councilmember Garofalo, Mr. Rothstein stated he was not aware of a position taken by other cities on the proposed legislation. He stated that he believes all the cities' state representatives are opposed to AB 247. ROY RICHARDSON spoke in favor of the drinking in public ordinance recommended by the Police Department. He stated that there are many ordinances prohibiting conduct in front yards such as dismantled cars, etc. Mr. Richardson spoke regarding Councilmember Garofalo's item later in the meeting regarding the Community Development Block Grant process. Discussion was held between Councilmember Garofalo and Mr. Richardson regarding Councilmember Garofalo's agenda item. Councilmember Garofalo stated that he would accept Mr. Richardson's invitation to attend a board meeting. LORETTA WOLFE, representing the Downtown Residents' Association, requested Council's ongoing support of the downtown neighborhood. She spoke in support of the Police Department's recommendation relative to the drinking in public ordinance. WENDY MELLO spoke regarding an incident in their neighborhood to which the police responded very quickly. She read a letter written by one of the victims expressing appreciation for the rapid Police Department response and return of property, but that even more appreciated was the consideration and the courtesy extended by the officers. BARBARA JAURIGUE informed Council that she went to a bar and pretended she was drunk to get in jail as she had been told by women of police misconduct in the Huntington Beach jail. She informed Council that while in jail she had seen male jailers asking the women to remove their clothes. She requested these women to call her. She spoke regarding harassment to her family by the police due to the fact that they are Hispanic. She presented pages to Council from a case on the matter that an attorney had filed for her. She stated that she had not heard from the city staff she had contacted on the matter. The Mayor informed Ms. Jaurigue relative to the procedure to submit her concerns or allegations to Council. Councilmember Harman informed the City Couricilmembers that he had noticed in the court documents Ms. Jaurigue had just submitted that the Superior Court judge had dismissed the case with prejudice. STEVE STAFFORD spoke regarding vandalism done to his property by skateboarders and his dissatisfaction with the response of the Police Department to this matter. He spoke regarding the petition he had brought that was ignored regarding a gang hangout at Bushard School. He stated that he had reported a signal out at Bushard Street and Hamilton Avenue that had not been fixed. 930 Page 10 - Council/Agency Minutes - 05/05/97 NAN NESBITT, Huntington Estates Mobile Home Park resident, informed Council that her mobile home park has been turned into a slum. She spoke regarding the problems she had experienced and stated that the Mobile Home Advisory Board had been very beneficial to the situation. She stated that the only problem she has with the board is its lack of power and requested that Council help in this regard. In response to Councilmember Garofalo, Ms. Nesbitt stated that there were 256 state violations and only two state code enforcement officers for Riverside, San Bernardino and Orange Counties. PAULINE ROBISON, resident of Rancho Del Rey Mobile Home Park, spoke in support of the Huntington Beach Mobile Home Advisory Board. GRAYCE DAVIS thanked Council for all their hard work and especially for the creation of the Mobile Home Advisory Board. JIM BARKER, Los Amigos Mobile Home Park resident, stated that there were those who did not understand the worth of the Mobile Home Advisory Board and would have the board abolished. He spoke in support of the Huntington Beach Mobile Home Advisory Board. He spoke regarding the investments made by mobile home owners in their homes. SANDRA COLE spoke in opposition to Councilmember Garofalo's statement regarding rent control being discussed at Mobile Home Advisory Board meetings. She informed Council that there has never been an item regarding rent control on the Mobile Home Advisory Board agenda. She spoke regarding the many bad conditions in a mobile home park on Garfield Avenue and stated that the Economic Development Director has a video. She requested that Council view it. She spoke regarding the work of the Mobile Home Advisory Board. Ms. Cole spoke in opposition to the questions on the survey which she believes was to be confidential but which Councilmember Garofalo had read on TV. Councilmember Garofalo read the letter he had written recently to Ms. Cole in response to Ms. Cole's statements regarding these issues. He requested Ms. Cole to bring to the attention of the Mobile Home Advisory Board information relative to the city costs for the Bowen Senior Court Project to provide housing for 17 seniors when perhaps instead 25 mobile home coaches could be bought for seniors. Councilmember Garofalo requested she ask for their opinion regarding such a proposal. STEVE GULLAGE, President of Huntington Beach Mobile Home Advisory Board, stated his concerns with seniors in their own mobile homes who cannot afford their space rent. VICKIE TALLEY, Executive Director of the Mobile Home Educational Trust, informed Council that she attends nearly every Mobile Home Advisory Board meeting. She stated that Council has only heard half of the truth and half of the facts at tonight's meeting. Ms. Talley stated that rent control has been on the agenda and that it comes up at every meeting and it appears the stage is being set for mobile home rent control. Ms. Talley spoke regarding the valuable service provided by the mobile home park owners including rental assistance. She praised the Mobile Home Review Board for adoption of the rent dispute resolution. She requested that the Council look into a matter which she believes has the appearance of impropriety --that the chair of the Mobile Home Review Board is a member of the Golden State Mobile Home Owners 931 05105/97 - City Council/Redevelopment Agency Minutes - Page 11 League Board of Directors. She stated that the mobile home park owners would like three independent people on this board. (CITY COUNCIL) FOLLOW-UP REPORT BY COUNCILMEMBER GAROFALO REGARDING PRIVATE FUNDING CDBG PROCESS - JOB CENTER STATUS AND FUNDING (100.10) Councilmember Garofalo reported on his communication addressed to the Honorable Mayor and City Councilmembers dated May 5, 1997 titled A Fallow -up Report On Request To Allow Me To Work On Private Funding CDBG Process - Job Center Status And Funding which had been announced earlier in the meeting by the City Clerk. Councilmember Garofalo spoke regarding the contents of his memorandum, including the fact that several corporate members of the local community have agreed to replace all of the $5,000 redirected from the job center proposal and to add an additional $2,500 more than was originally requested by staff and Council liaisons, thus the funding for the job center for the next year will be $17,500. He informed Council that the city's new partners include Home Depot, Loehmann's 5 Points Plaza, and Vista Center on Beach Boulevard and Talbert Avenue. He stated that the owner of Vista Plaza donates about $18,000 yearly in office space to the Police Department for a volunteer operated police substation serving the Oakview community. Councilmember Garofalo requested other members of the community, whether directly impacted or not by the day labor issues apparent on some of our major intersections, to contact the Police Department or him if they would also like to participate with cash and materials to make the job center a long-term solution. Mayor Bauer requested the City Administrator to contact the business persons to express the city's appreciation. (CITY COUNCIL) CITY ADMINISTRATOR TO REPORT REGARDING PUBLIC COMMENTS ON CITY EMPLOYEE CONDUCT (720,10) The City Administrator stated that during the Public Comments portion of the meeting, comments were made regarding the conduct of city employees. He encouraged those who addressed Council regarding the police to call him directly. He spoke regarding the procedure followed to ensure investigations are made to be fair to employees and make sure facts are presented as to whether there was any misconduct. (CITY COUNCIL) MIDYEAR BUDGET REPORT (310.20) The City Administrator informed Council that the midyear budget report is available to the public. He stated that there is a gradual increase in revenues and that the city will spend about $300,000 less than anticipated this fiscal year. 932 Page 12 - Council/Agency Minutes - 05105/97 (CITY COUNCIL) BOND SALE HELD APRIL 23, 1997 - FOR PIER PLAZA AND 800 MHz COUNTYWIDE PUBLIC SAFETY COMMUNICATIONS SYSTEM PROJECTS - REPORT BY CITY ADMINISTRATOR (330.30) The City Administrator reported on the successful bond sale for Pier Plaza and 800 MHz Countywide Public Safety Communications System Projects. He stated that the city had received a triple A rating, the highest rating possible. (CITY COUNCIL) CLARIFICATION THAT MOBILE HOME SURVEYQUESTIONSIS A PUBLIC DOCUMENT PREPARED BY LAWRENCE RESEARCH (600.10) Economic Development Director Biggs in response to Councilmember Garofalo confirmed that the Mobile Home Survey presented at a recent meeting is a public document, presented in the City Council packet, and is not confidential. Councilmember Garofalo stated that he had expected a statement to be made by staff that it is a public document. (CITY COUNCIL) PUBLIC HEARING - ANNUAL REVIEW OF THE HOLLY-SEACLIFF DEVELOPMENT AGREEMENT COMPLIANCE REPORT (600.10) The Mayor announced that this was the meeting set for a public hearing to consider the following: Applicant: City of Huntington Beach Request: Review of the Holly-Seacliff Development Agreement No. 90-1 Annual Compliance Report Location: Approximately 450 acres located between Ellis Avenue on the north, Huntington Street on the east, Edwards Street on the west, and the Seacliff Golf Course on the south Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Mary Beth Broeren, Associate Planner, presented a slide report. The City Attorney read her memorandum to the Mayor and City Councilmembers dated May 5, 1997, Subject: Holly-Seacliff Development Agreement 1996 Compliance Report, Agenda Item D-1, May 5, 1997 Council Meeting. In response to Councilmember Harman regarding his concerns regarding the improvement of Crystal Street not occurring until late 1999 and his questions relative to who decides the phasing of the street improvements, the Public Works Director reported on the process and issues involved. He stated that he could have a report in the next 30 days. 933 05/05/97 - City CouncillRedevelopment Agency Minutes - Page 13 Councilmember Harman inquired if the Edwards Hill improvements would be done in 1997. The Public Works Director reported they were under design; that there are a few details to work out with PLC Land Company. He responded to Councilmember Harman that at this point his best guess would be 1997. Councilmember Harman stated that he was very anxious to see Edwards Hill at the highest priority out in that section of the city as it likewise is in a very serious state of disrepair, very narrow and there was a pedestrian death several years ago. The Public Works Director, in response to the Mayor's comment that the map indicated Edwards Hill was scheduled for 1998, reported that at this point in time Edwards Street appeared more practical than Goldenwest Street on which there were soil remediation issues. Mayor Pro Tern Dettloff inquired as to the requirements being met on the school district issues involved and the Community Development Director reported. The Mayor declared the public hearing open. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council: Communication from the Community Development Director dated May 5, 1997 regarding the Holly-Seacliff Development Agreement Slide Report from the Community Development Director dated May 5, 1997 regarding Annual Holly-Seacliff Development Agreement Compliance Report Communication from the City Attorney to Mayor and Councilmembers dated May 5, 1997 Subject: Holly-Seacliff Development Agreement 1996 Compliance Report, Agenda Item D-1, 515197 City Council Meeting BILL HOLMAN, Planning and Government Relations, PLC Land Company, spoke regarding his company's efforts to comply with the Development Agreement, including park dedications. He spoke regarding the subject of arterial highways and the funds PLC plans to expend on street improvements. He spoke regarding the efforts made by PLC Land Company to work with staff for the city to acquire acquisition of rights -of -way. Mr. Holman thanked the City Attorney for again bringing up the issue of the reimbursement agreement as currently there is no mechanism to charge fees to other developers. Mr. Holman informed Council that PLC is anxious to get those fees in place. He spoke regarding the requirement to build: a police substation on Edwards Street, Mr. Holman spoke regarding issues relating to the school district, stating that PLC is meeting on an almost weekly basis to expedite building of the school. He spoke regarding Councilmember Harman's question regarding completion of Crystal Street and Edwards Street. Councilmember Garofalo questioned who determines the completion of streets. Mr. Holman reported that right-of-way acquisition, phasing as it relates to other traffic improvements that might be going on at the same time, and design are issues. He informed Council that design issues on Edwards Street due to a water main issue were mainly worked out; now right-of-way acquisition is necessary. Mr. Holman stated that it was planned to do some feathering of the pavement of Crystal Street but right-of-way acquisition will be the solution. 934 Page 14 - Council/Agency Minutes - 05/G5/97 Further discussion was held regarding rights -of -way acquisition and other issues, including street widening. Councilmember Julien questioned how improvements will be done on the rest of Main Street in that area and was informed that Shea Development is responsible and that it will probably be done with the development of the 50-acre parcel at Seacliff Center in approximately 1999. Mary Beth Broeren, Associate Planner, responded to Mayor Pro Tern Dettloff s question regarding the obligations of New Urban West, Incorporated and MS Vickers. JEFF METZEL addressed Council regarding his concern regarding the problem he sees relative to only three exits from the big area south of Garfield Avenue and the big peninsula below from Goldenwest Street to Seapoint, there being only a right turn possible on Seapoint. He stated that he believed it was a small problem to fix now but would be a large problem when people move in and want to get to Pacific Coast Highway. JIM XANTHAKIS, representing Friends and Neighbors of Seacliff (FANS), stated that he has read every single page of this report and believes staff has done a wonderful job. He reviewed some of the things PLC has accomplished in the Holly-Seacliff Development Project. SUZANNE BEUKEMA, Friends and Neighbors of Seacliff (FANS), supported PLC and applauded the staff for their hard work. There being no one further 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 Dettloff, second Garofalo to determine that the developer and the city are in compliance with the Holly-Seacliff Development Agreement by accepting the 1996 Compliance Report and execute the Certificate of Development Agreement Compliance. The Public Works Director, in response to Councilmember Harman, stated that he would look into Mr. Metzel's concern regarding the left hand turn at Seapoint and return with a report. He responded to Councilmember Harman that he would report on whether Crystal Street will go through. The motion made by Dettloff, second Garofalo carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Green, Garofalo NOES: None ABSENT: (Sullivan out of the room) (CITY COUNCIL) PUBLIC HEARING - CODE AMENDMENT NO. 97-1 - INTRODUCTION OF ORDINANCE NO. 3358 - APPROVED - CHANGES ENVIRONMENTAL BOARD MEMBERSHIP FROM FIFTEEN (15) MEMBERS TO NINE (9) MEMBERS (640.10) The Mayor announced that this was the meeting set for a public hearing to consider: Applicant: City of Huntington Beach 935 05/05/97 - City Council/Redevelopment Agency Minutes - Page 15 Request: Amend the Municipal Code to change the Environmental Board membership from fifteen (15) to nine (9) members. Location: Citywide Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. The Community Development Director presented a staff report. Councilmember Julien, Council Liaison to the Environmental Board, reported that the Environmental Board supports the proposed code amendment. Councilmember Green stated that the Environmental Board meets every two weeks and works very hard and possibly has burned out. He requested that their reports be given more often to the City Councilmembers. The Mayor declared the public hearing open. There being no one 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 Green, second Garofalo to approve Code Amendment No. 97-1 and after reading by title by the City Clerk approve introduction of Ordinance No. 3358 - "An Ordinance Of The City Of Huntington Beach Amending The Huntington Beach Municipal Code By Amending Chapter 2.102 Thereof Relating To The Number Of Members Of The Environmental Board" with findings as set forth in Attachment No. 2 to the Request for Council Action dated May 5, 1997 and allow the existing ten (10) members to remain on the Board with the new membership total of nine (9) to be achieved by attrition. The motion carried by unanimous roll call vote. (CITY COUNCIL) PUBLIC HEARING - ZONING MAP AMENDMENT NO. 95-1 - INTRODUCTION OF ORDINANCE NO. 3359 APPROVED - NEGATIVE DECLARATION NO. 95-4 - APPROVED - CENTRAL BAPTIST CHURCH/LIBERTY CHRISTIAN SCHOOL - NORTHEAST CORNER OF WARNER AVENUE AT NICHOLS STREET (450.20) The Mayor announced that this was the meeting set for a public hearing to consider: Applicant: Central Baptist Church, c/o Thom Doney Request: To rezone the 4.19 net acre site occupied by Liberty Christian School and Central Baptist Church from RMH (Residential Medium High Density Residential) to PS (Public -Semi -Public). Location: 7661 Warner Avenue (northeast corner at Nichols Street) 936 Page 16 - Council/Agency Minutes - 05/05/97 Environmental Status: Negative Declaration No. 95-4 - Initial environmental assessments for the above item were processed and completed in accordance with the California Quality Act. It was determined that the item would not have any significant environmental effects and that a negative declaration is warranted. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Slide Report from the Community Development Director dated May 5, 1997 regarding Zoning Map Amendment No. 95-1 In response to Councilmember Harman, the Community Development Director stated that this was a situation where the land was to be made in conformance with the General Plan. Councilmember Harman requested information as to why this particular property was submitted and not all the properties that are pending. The Community Development Director reported that there are now three new planners and a fourth to be added which will help expedite processing of the remaining properties. The Mayor declared the public hearing open. There being no one 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 Sullivan, second Harman to: 1. Approve Negative Declaration No. 95-4 as set forth in Attachment No. 7 to the Request for Council Action dated May 5, 1997; and 2• Approve Zoning Map Amendment No. 95-1 with findings for approval as set forth in Attachment No. 3 to the Request for Council Action dated May 5, 1997 and after reading by title by the City Clerk approve introduction of Ordinance No. 3359 - "An Ordinance Of The City Of Huntington Beach Amending The Huntington Beach Zoning And Subdivision Ordinance By Changing The Zoning Designation From RMH (Residential Medium High Density) to PS (Public, Semi -Public) On Real Property Located At The Northeast Comer Of WamerAvenue And Nichols Street (Zoning Map Amendment No. 95-1)." The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green NOES: None ABSENT: (Julien, Garofalo out of the room) 937 05/05/97 - City Council/Redevelopment Agency Minutes - Page 17 (CITY COUNCIL) PUBLIC HEARING - ZONING TEXT AMENDMENT NO. 95-6 - INTRODUCTION OF ORDINANCE NO. 3360 - SIGN CODE RE -WRITE - HEARING CLOSED - DECISION CONTINUED TO MAY 19, 1997 (420,35) The Mayor announced that this was the meeting set for a public hearing to consider: Applicant: City of Huntington Beach Request: To approve a comprehensive sign code amendment to Chapter 233, Signs, of the Huntington Beach Zoning and Subdivision Ordinance. Location: Citywide Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council: Slide Report from the Community Development Director dated May a, 1997 titled Sign Code Rewrite -Zoning Text Amendment No. 95-6 Communication from Fred Speaker, S & S Auto Leasing, Incorporated dated May 5, 1997 regarding New Sign Code for Huntington Beach in support of Zoning Text Amendment No. 95-6 Communication from the Huntington Beach Environmental Board dated January 11, 1997 regarding Sign Code Rewrite - Zoning Text Amendment No, 95-6 Communication from Dominick A. Tomaino, member of the City Council Sign Code Subcommittee, dated April 29, 1997 expressing concern regarding the final draft of the sign ordinance Wayne Carvalho, Assistant Planner, presented a video staff report. He stated that there is one recommendation change regarding classification of arterial and secondary streets. Discussion was held between Council and staff on issues including size of signs on different categories of streets. The Mayor declared the public hearing open BAR13ARA KIMBROUGH described the signs she sees daily from her home. She presented an invitation to Council to visit her home to view the sign clutter. She stated that there is a point a line has to be drawn to stop this clutter. She stated she is confused as to the recommended action. Ms. Kimbrough stated that she understands the business sector has to be considered but equally the residents must be considered. 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. 938 Page 18 - Council/Agency Minutes - 05/05/97 The Community Development Director and Scott Hess, Senior Planner, reported on the matter referring to the matrix in the Council packet and the wall displays of street category designations. Councilmember Sullivan clarified the streets which would have large signs. A motion was made by Garofalo, second Julien to approve Zoning Text Amendment No. 95-6 with findings for approval as set forth in Attachment No. 2 and 3 to the Request for Council Action dated May 5, 1997 and after reading by title by the City Clerk approve introduction of Ordinance No. 3360 which includes deleting the time restrictions on political signs - "An Ordinance Of The City Of Huntington Beach Amending The Zoning And Subdivision Ordinance By Amending Chapter 233 Thereof Relating To Signs" and also to include staff recommendations regarding Chart "C." Councilmember Harman read portions of letters from citizens regarding sign clutter, including a letter from Steve Bone, Waterfront Hilton. Councilmember Garofalo stated Mr. Bone had withdrawn his letter. Councilmember Harman stated that he believes Council is going in the wrong direction. He referred to the letter from Dominick Tomaino who was on the Signs Committee who did not remember the committee agreeing to the increased sign height of 25 feet throughout the city other than Beach Boulevard. Wayne Carvalho, Assistant Planner, reported relative to Mr. Tomaino's letter. Councilmember Farman referred to a letter from Mr. and Mrs. David Carlberg on the issue which reflected the need for aesthetics. He questioned staff regarding the questions of the Environmental Board in their letter dated January, 1997. Councilmember Harman expressed concern regarding the deletion of time restrictions on political signs and the banning of political signs from public property. Councilmember Sullivan stated his opposition to banning political signs from public property. Mayor Pro Tern Dettloff stated that she believed the decision should not be made at this meeting; that staff should return with a map showing areas of streets where signs discussed are to be allowed. Councilmember Julien requested information from the City Attorney regarding -the constitutionality of putting up political signs and taking them down and the time frame. She suggested that guidelines setting forth time frames be put into the ordinance. The City Clerk stated concern with the clarity of the motion in order to have a document which will correctly reflect the entire wording for the first reading of this ordinance. She stated that the correct first reading of the ordinance must be available to the public. The motion made by Garofalo, second Julien failed by the following roll call vote: 939 05/05197 - City Council/Redevelopment Agency Minutes - Page 19 AYES: Julien, Green, Garofalo NOES: Harman, Bauer, Sullivan ABSENT: Dettloff A motion was made by Sullivan, second Dettloff that staff return with clarification including the map and arterial highways which are included, that the height sign issue be returned as well as the political sign issue regarding time frames and placement on public property, and that the decision be continued to May 19, 1997. The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green NOES: Julien, Garofalo ABSENT: None CONSENT CALENDAR - ITEM REMOVED The following item was removed from the Consent Calendar: Budget Revision for Fourth of July Celebration CONSENT CALENDAR - ITEMS REMOVED FOR SEPARATE CONSIDERATION The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: City Council Support/Opposition To State Legislation - AB 247 (Firearms) - AB 915 (Liability Recreational Activities) - SB 11 (Local Law Enforcement Supplemental Funding) - AB 923 (Dissolution of Redevelopment Agencies) Agreement Between City and Orange County Transportation Authority For Fund Exchange Proposed Meeting Between City Council and City Employee Associations CONSENT CALENDAR - ITEMS APPROVED On motion by Garofalo, second Dettloff, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None Councilmembers Sullivan and Julien abstained on the vote to approve the April 14, 1997 minutes as they were not present at the April 14, 1997 Council meeting. 940 Page 20 - Council/Agency Minutes - 05105/97 Councilmember Sullivan voted "No" on Agenda Item E-11--"Approval As To Form" of Office Space Lease Between Abdelmuti Development Company and Clearview Capital Corporation - Ocean View Promenade-101 Main Street. (CITY COUNC)UREDEVELOPMENT AGENCY) MINUTES - APPROVED AND ADOPTED (120,65) - Approved and adopted minutes of the City Council and Redevelopment Agency adjourned regular meeting of April 14, 1997 as written and on file in the Office of the City Clerk. Councilmembers Sullivan and Julien abstained on the vote to approve the April 14, 1997 minutes as they were not present at the April 14, 1997 Council meeting. (CITY COUNCIL) PROPERTY ACQUISITION - GARFIELD AVENUE AND GOLDENWEST STREET WIDENING - FROM GOLDENWEST STREET TO MAIN STREET AND ELLIS AVENUE TO CLAY AVENUE - HOLLY-SEACLIFF DEVELOPMENT AGREEMENT - ACCEPTANCE OF TWO STREET RIGHTS -OF -WAY EASEMENT DEEDS - FROM SHEA VICKERS DEVELOPMENT AND M. S. VICKERS II - (SEACLIFF PARTNERS ACCOUNT) - APPROVED (600.10) - Accepted street rights -of -way Easement Deed APN 111-130-10 and 16 (Portion) APN 111-150-47 (Portion) APN 159-281-01,02, and 05 (Portion) from M. S. Vickers II and accepted Easement Deed APN 111-130-17 and 18 (Portion) from Shea Vickers Development and authorized the City Clerk to accept on behalf of the city and to record said deeds with the Orange County Recorder. (CITY COUNCIL) AMENDMENT TO AGREEMENT BETWEEN CITY AND Y'DEEN ASSOCIATES - (FORMERLY HARRY T. MACDONALD AND ASSOCIATES) - FOR RENOVATIONS OF CITY GYM AND POOL FACILITY - PHASE 11, Ill AND IV - CC-1043 - AND EXPENDITURES/CHANGE ORDERS -APPROVED (600.10) - 1. Authorized the Public Works Director to expend a total of $242,000 to cover the contract amount of $225,842, estimated change orders of $11,158, and supplemental expenditures of $5,000 for Phases 11, Ill, and IV of the City Gym and Pool renovation; and 2. authorized the Mayor and the City Clerk to execute the Amendment to Agreement between the City of Huntington Beach and Hany T. MacDonald and Associates (now known as Y'Deen/Associates, Architects) for Renovation of the City's Gymnasium and Pool Facility for a fee of $225,842 for extra work to the current scope of work for the preparation of plans, specifications, and estimates for renovation of the City Gym and Pool and waive the 30 day notice of cancellation in the event of nonpayment. (CITY COUNCIL) TRAFFIC SIGNAL MODIFICATIONS - LOCATED AT MAGNOLIA STREETIGARFIELD AVENUE - BUSHARD STREET/GARFIELD AVENUE AND BROOKHURST STREETIGARFIELD AVENUE - CC-1031 - PLANS AND SPECIFICATIONS - AUTHORIZATION TO ADVERTISE FOR BIDS - APPROVAL OF SAMPLE CONTRACT - APPROVED (600.55) - 1. Approved the Plans and Specifications for the Traffic Signal Modifications at the intersections of Magnolia Street/Garfield Avenue; Bushard Street/Garfield Avenue; and Brookhurst Street/Garfield Avenue; (CC-1031) and authorized the Public Works Director to advertise the project; 2. approved the sample construction contract, subject to award of contract to Council approved lowest responsible/responsive bidder; and 3. approved the purchase of traffic signal poles, mast arms, luminaire mast arms, and other city supplied signal appurtenances for this construction project. 941 05/05/97 - City Council/Redevelopment Agency Minutes - Page 21 (CITY COUNCIL) PERPETUAL FLYING OF THE FLAG OF THE UNITED STATES OF AMERICA AND THE POWIMIA FLAG - AT NEW VETERANS' MEMORIAL AT CIVIC CENTER - APPROVED (100.10) - Approved the perpetual flying of the flag of the United States of America and the POW/MIA flag at the new Veterans' Memorial at Civic Center site. (CITY COUNCIL) RECEIVED AND FILED - BIG INDEPENDENT CITIES EXCESS POOL (BICEP) FINANCIAL STATEMENTS AND INDEPENDENT AUDITOR'S REPORT (310.75) - Received and filed the Big Independent Cities Excess Pool (BICEP) Financial Statements and Supplementary Information With Independent Auditor's Report for the years ending June 30, 1996 and June 30, 1995. (Report includes Independent Auditors Report, Balance Sheets, Statements of Revenue and Expenses, and Changes in Fund Balances, Statements of Cash Flows, Notes to Financial Statements, and Claims Development Information from inception to June 30, 1996.) (CITY COUNCIL) RESOLUTION NO. 97-29 - ADOPTED - APPROVES COUNTY OF ORANGE PLANS AND SPECIFICATIONS - TALBERT CHANNEL IMPROVEMENTS - BETWEEN ATLANTA AND INDIANAPOLIS AVENUES - (100 YEAR FLOOD CONTROL IMPROVEMENTS) (550.20) - Adopted Resolution No. 97-29 - "A Resolution Of The City Council Of The City Of Huntington Beach Approving Plans And Specifications For The Construction Of Improvements To The Talbert Channel From Atlanta Avenue To Indianapolis Avenue By The Orange County Public Facilities And Resources Department And Funded By The Orange County Flood Control District." (CITY COUNCIL) ORANGE COAST MARKETING COALITION AGREEMENT BETWEEN COUNTY OF LOS ANGELES, COUNTY OF ORANGE, STATE OF CALIFORNIA AND CITIES OF NEWPORT BEACH, LAGUNA BEACH AND SAN CLEMENTE - TO SOLICIT FUNDING, EQUIPMENT, ETC. FOR BEACH MAINTENANCE, PARKING AND LIFEGUARD OPERATIONS - APPROVED (600.40) - Approved the Orange Coast Marketing Coalition Agreement between the City and Los Angeles County, Orange County, State of California and the cities of Newport Beach, Laguna Beach, and San Clemente and authorized execution by the Mayor and City Clerk. (REDEVELOPMENT AGENCY) "APPROVAL AS TO FORM" OF OFFICE SPACE LEASE BETWEEN ABDELMUTI DEVELOPMENT COMPANY AND CLEARVIEW CAPITAL CORPORATION - OCEAN VIEW PROMENADE - 101 MAIN STREET - APPROVED (600.30) - Approved as to Form the Office Space Lease between Abdelmuti Development Company as Landlord and Cfearview Capital Corporation as Tenant for office space within the Oceanview Promenade. Councilmember Sullivan voted "No" on this agenda item. (CITY COUNCIL) APPROVAL OF PLANNING STAFF RECOMMENDATION THAT REVISED CONDITIONAL USE PERMIT NO. 96-79 AND VARIANCE NO. 96-27 BE REFERRED TO THE PLANNING COMMISSION FOR PUBLIC HEARING - THREE STORY HOUSE - 18741 JOCKEY CIRCLE - SOUTHWEST OF ELLIS AVENUE AND SADDLEBACK LANE - IN CONNECTION WITH APPEAL OF PLANNING COMMISSION'S DENIAL OF SAID PERMITS (420.40) - Referred revised Conditional Use Permit No. 96-79 (C.U.P.) and Variance No. 96-27 to the Planning Commission for 942 Page 22 - Council/Agency Minutes - 05/05/97 public hearing. Appellant: Gilda Keshavarzian and Mahavesh Keyvanazar; Applicant: Gilda Keshavarzian; Request: To refer a revised plan to the Planning Commission for their consideration. The revised plan is for an 8,587 square feet, two story, 35 foot high, single family dwelling with variances to permit an eight (8) foot setback in lieu of minimum fifty (50) feet and to exceed the maximum two (2) foot cut and fill grading limitation. The revised plan eliminates the need for the original height variance. Location: 18741 Jockey Circle (at the terminus of Jockey Circle, southwest of Ellis Avenue and Saddleback Lane); and Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act. The tentative Planning Commission hearing date is May 13, 1997. (CITY COUNCIL) PARK, TREE AND LANDSCAPE DIVISION OF PUBLIC WORKS DEPARTMENT - BUDGET APPROPRIATION REVISION - APPROVED (320.45) - Approved the Budget Appropriation of $17,905.56 from the Unappropriated Fund Balance to the Park, Tree and Landscape Division Budget; 1. Increase Account No. E-AA-PW-544-3-90-00 in the amount of $14,054.76; and 2. increase Account No. E-AA-PW-541-3-90-00 in the amount of $3,850.80 for total additional funds of $17,905.56. (REDEVELOPMENT AGENCY) DOWN PAYMENT ASSISTANCE PROGRAM PARTICIPANT AGREEMENT - APPROVAL FOR PACIFIC PARK VILLAS PROJECT - TALBERT-BEACH PROJECT AREA - HOSSEINALI - APPROVED (600.30) - Approved the borrower listed on the attachment to the Request for Redevelopment Agency Action dated May 5, 1997, the amount of the loan, and the specific property subject to trust deed and authorized the Chairperson and Agency Clerk to execute the loan documents between the Agency and the participant as prepared by the City Attorney, and authorized payment to be made to Tiempo Escrow in the amount of $35,000 on behalf of the participants. (CITY COUNCIL) CITY COUNCIL SUPPORTIOPPOSITION TO STATE LEGISLATION - AS 247 (FIREARMS) - AS 915 (LIABILITY RECREATIONAL ACTIVITIES) - SB 11 (LOCAL LAW ENFORCEMENT SUPPLEMENTAL FUNDING) - AS 923 (DISSOLUTION OF REDEVELOPMENT AGENCIES) -RECOMMENDED POSITIONS APPROVED (120.70) The City Council considered a communication from the City Administrator recommending Council support for Assembly Bill AB 247 (Scott) (Firearms), AB 915 (Baugh) (Liability Recreational Activities), and Senate Bill SB 11 (Brulte) (Local Law Enforcement Supplemental Funding) and Council opposition to AS 923 (McClintock) (Dissolution of Redevelopment Agencies). Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Communication from Dave Eckermann, Huntington Beach resident, dated May 5, 1997 to the Mayor and City Councilmembers regarding Firearms Preemption Bill - in opposition Councilmember Garofalo stated his opposition to this item being on the Consent Calendar portion of the agenda. He stated that if the City Council is to consider these items, he wants to know if the proposing legislator is a Republican or a Democratic sponsor and whether our state 'Z' K 05/05/97 - City Council/Redevelopment Agency Minutes - Page 23 senator and assemblyman oppose or concur with the recommendations provided to Council, He requested information as to how legislation is selected to be put before Council. The City Administrator reported on the issue, including the fact that information is received from the League of California Cities and from the City Attorney. A motion was made by Garofalo, second Sullivan to oppose Assembly Bill 247 (Firearms Preemption). Councilmember Harman reported on how the Intergovernmental Relations Committee reviews legislation as well as solicits input. He stated that the meetings are public with public comments. Councilmember Green stated that he believes the criterion for bringing a bill to a vote of Council is that the bill must be regarding money, coastal issues, department head request, League of Cities request, and any bill strengthening local control. He spoke regarding the author's intent on this bill. He informed Council that he believed the new rules of the League of California Cities are to put the political designation of the sponsoring officeholder on the material submitted from the League office. Mayor Pro Tem Dettloff spoke regarding the matter, including the reasons why she does not believe that the political party of the sponsoring legislator is necessary as legislation that is good for the city no matter what party proposes it should be adopted. The Police Chief reported on the proposed legislation, stating that he did not agree with Attorney General Lungren that it would take away the ability to possess guns from persons in a low economic level. He stated that what is good for some areas of the state may not be good for Huntington Beach. The Police Chief stated his support for the legislation. Councilmember Garofalo stated that he would have no difficulty with the legislation if the city were an island and persons cannot come across the city line. A motion was made by Garofalo, second Sullivan to state opposition to Assembly Bill 247 (Firearms Preemption --Scott). The motion failed by the following roll call vote: AYES: Julien, Sullivan, Garofalo NOES: Harman, Dettloff, Bauer, Green ABSENT: None A motion was made by Harman, second Green to support passage of Assembly Bill 247 (Firearms Preemption --Scott). The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Green NOES: Julien, Sullivan, Garofalo ABSENT: None 1 Page 24 - Council/Agency Minutes - 05/05/97 A motion was made by Harman, second Sullivan to approve staff recommendations on the following legislation: Support Assembly Bill AB 247 (Scott) (Firearms); AB 915 (Baugh) (Liability Recreational Activities); Senate Bill SB 11 (Brulte) (Local Law Enforcement Supplemental Funding); and oppose AB 923 (McClintock) (Dissolution of Redevelopment Agencies). The motion carried by unanimous roll call vote. Councilmember Harman, pursuant to adopted City Council policy, reported out that the "fast track" procedure was followed on the McClintock Bill (AB 923-- Dissolution of Redevelopment Agencies) as there had not been sufficient time to present the bill to Council for action. Councilmember Garofalo stated his proposal to jointly sign a letter in opposition to Assembly Bill 247. (CITY COUNCIL) DEFERRED FROM APRIL 21, 1997 - AGREEMENT BETWEEN CITY AND ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUND EXCHANGE - APPROVED (600.25) The City Council considered a communication submitted by the Deputy City Administrator - Administrative Services Director, Public Works Director, and Assistant City Administrator recommending approval of an agreement between the city and the Orange County Transportation Authority for fund exchange. Councilmember Sullivan reported on the issue. A motion was made by Sullivan, second Green to approve and authorize execution by the City Administrator and City Clerk of the Agreement between the City and Orange County Transportation Authority for Fund Exchange provided that the county reinstitute its contribution of $11,000 to the Meals on Wheels Program. Mr. Eldon, representing the County of Orange, addressed Council regarding the proposed agreement. The City Administrator presented background information leading up to this proposed agreement. Following discussion, Councilmember Sullivan withdrew his motion. Councilmember Sullivan encouraged the City Administrator to try to reinstitute OCTA funding for the Meals on Wheels Program. A motion was made by Sullivan, second Green to approve and authorize execution by the City Administrator and the City Clerk of the Agreement between the City and Orange County Transportation Authority for Fund Exchange. The motion carried by unanimous roll call vote. In response to Councilmember Harman, the City Administrator stated that the TLC - Meals an Wheels Program can be discussed at the meeting to be held between staff and OCTA this coming Wednesday. 945 05/05/97 - City Council/Redevelopment Agency Minutes - Page 25 (CITY COUNCIL) PROPOSED MEETING BETWEEN CITY COUNCIL AND CITY EMPLOYEE ASSOCIATIONS TO BE SCHEDULED IN JUNE OR JULY, 1997 - APPROVED (720.10) The City Council considered a communication submitted by the Deputy City Administrator - Administrative Services Director recommending a proposed meeting between the City Council and city employee associations. In response to Councilmember Harman, Deputy City Administrator -Administrative Services Director Franz reported on what is the definition of "general topics" for discussion between the city employee associations and the City Council. Councilmember Harman stated that he believes in keeping with the Meet and Confer process. A motion was made by Garofalo, second Green to request the City Administrator to make arrangements for a meeting between the City Council and the city employee associations in ,tune or July, 1997 using the format described under the Analysis Section of the Request for Council Action dated May 5, 1997. The motion carried unanimously. (CITY COUNCIL) KOLL REAL ESTATE GROUP (KREG) PROPOSAL REGARDING DELIVERY OF PUBLIC.SERVICES TO ITS BOLSA CHICA DEVELOPMENT - COUNCIL DIRECTION GIVEN TO STAFF (440.60) The City Council considered a communication from the Public Works Director regarding the Koll Real Estate Group proposal dated April 8, 1997 for public services to the city for its Bolsa Chica Development Project. Upon review of the proposal, staff has determined that more information is needed in order to formulate a comprehensive response. The City Administrator reported. He stated that a communication from the Koll Real Estate Group had just been given to him by the Fire Chief. He stated he will make it available to the City Council. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council. Memorandum from Mayor Bauer to the City Administrator dated May 5, 1997, Subject: Response to Koll Letter of Apri18, 1997 Communication from Eileen Murphy dated May 5, 1997 regarding Koll Water 30 Day Notice Communication from Councilmember Sullivan titled Koll LetterAdditions by Councilman Sullivan Mayor Bauer reported on his communication titled Response to Koll Letter of April 8, 1997. The City Administrator responded to Councilmember Green as to why he was bringing this issue before Council. 946 Page 26 - Council/Agency Minutes - 05/05/97 A motion was made by Sullivan, second Harman to insert the following paragraph in the letter to Koll Real Estate Group: The Koll Company package deal stressed that time is of the essence and that the offer would expire in 30 days (5-8-97). Since the city is unable to respond within your imposed time frame, please feel free to obtain your water elsewhere. Mayor Pro Tern Dett--)ff stated the importance of the City Administrator sending this letter as his questions are excellent and also that the questions presented in the Mayor's memorandum are important. She stated that she believes Koll Real Estate Group must know that each issue stands alone such as fire and library issues. She echoed Bob Winchell's statement during Public Comments that there can be no acceptance of a proposal unless there is benefit to the community. The Public Works Director reported on water pressure issues. Considerable discussion was held. The motion made by Sullivan, second Harman was withdrawn. A motion was made by Sullivan, Harman to direct the City Administrator to request written answers from the Koll Real Estate Group to the questions listed in the analysis portion of this report; also authorize the City Administrator to meet with the Koll Real Estate Group to evaluate the liability of the Koll Real Estate Group proposal; and further to include the following: 1. The Koll Company package deal stressed that time is of the essence and that the offer would expire in 30 days (May 8, 1997) since the City is unable to respond within your imposed time frame, please feel free to obtain your water elsewhere (prior to vote clarified that this response due to city needing Koll to extend time to get questions in City Administrator letter answered). 2. Also, include a sentence in City Administrator's letter that Council would like concerns in Mayor Bauer's memo of May 5, 1997 addressed by Koll Company. The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: Julien ABSENT: None (CITY COUNCIL) CITY REQUEST FOR DISCLOSURE BY KOLL REAL ESTATE GROUP OF RESULTS OF NEW TEST WATER WELLS (440.60) A motion was made by Harman, second Dettloff to request the Koll Real Estate Group to disclose to the city results of the new test wells drilled on their property as to quality and volume of water. The motion carried unanimously. 947 05105/97 - City Council/Redevelopment Agency Minutes - Page 27 (CITY COUNCIL) CITY TREASURER MARCH INVESTMENT SUMMARY REVIEW - MARCH, 1997 -ACCEPTED (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Report for March, 1997. The City Treasurer presented a video report. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: City Treasurer's Slide Report Following review of the monthly report, a motion was made by Harman, second Dettloff to accept the Monthly Investment Report for March, 1997 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) INTRODUCTION OF ORDINANCE NO. 3357 - MODIFIES EXISTING CITY ORDINANCE REGARDING DRINKING IN PUBLIC - DEFERRED TO MAY 19, 1997 (640.10) The City Council considered a communication from the Chief of Police informing Council that in an effort to maintain a safe environment in our city and prevent more serious alcohol -related offenses, the Police Department in conjunction with the City Attorney's Office has prepared a modification that clarifies the "Drinking of Alcoholic Beverages in Public" ordinance. The need for the clarification is due to a recent Municipal Court Case where the language referring to a "public place" was deemed too vague. The proposed modifications will rectify that issue by specifically describing those "public places." Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council: Communication from James R. Proctor, Proctor Consulting Group, Incorporated dated May 1, 1997 titled Clarification of Public Places -in opposition Communication from the City Attorney to Mayor and City Councilmembers dated May 2, 1997, Subject: Proposed Option D Ordinance - Prohibition of Consumption of Alcohol in Public View With A Dry Zone July 4; City Council Meeting May 5, 1997 Agenda - Item F-3 The Police Chief presented a staff report. The City Attorney reported on the issue including her proposed ordinance submitted under Alternative D. a: Page 28 - Council/Agency Minutes - 05/05/97 A motion was made by Green, second Julien to approve, Following reading by title by the City Clerk, introduction of Alternative A - Ordinance No. 3357 - "An Ordinance Of The City Of Huntington Beach Amending Chapter 9.44 Of The Huntington Beach Municipal Code Pertaining To Drinking In Public Place" and further that this matter return as soon as possible after the Fourth of July for review by Council. Discussion was held and the City Attorney clarified that Alternative D or Alternative B is acceptable. The Police Chief stated reasons why Alternative D did not meet their needs. Councilmember Harman stated that he favored Alternative D and believes that the City Attorney has developed an innovative ordinance. The City Attorney clarified Proposed Ordinance D. Further discussion was held regarding the applicability of Proposed Ordinance A and Proposed Ordinance D to this situation. The motion made by Green, second Julien carried by the following roll call vote: AYES: Julien, Dettloff, Bauer, Green NOES: Harman, Sullivan, Garofalo ABSENT: None (CITY COUNCIL) ADOPT ORDINANCE NO. 3353 - SPECIFIC EVENTS PROCESS - AMENDMENT TO BUDGET - ADOPTED (640.10) A motion was made by Green, second Dettloff to adopt, following reading by title by the City Clerk, Ordinance No. 3353 - "An Ordinance Of The City Of Huntington Beach Amending Chapter 5.68 Of The Huntington Beach Municipal Code Pertaining To Specific Events Permit Applications; Permit Granting Conditions And Permit Denial Conditions." (Introduction of ordinance approved April 21, 1997.) The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) APPROVED INTRODUCTION AS AMENDED OF ORDINANCE NO. 3355 - AMENDS CODE TO ALLOW LEGAL ACCESS TO DOG BEACH (640.10) The City Council considered a communication from the Community Services Director transmitting proposed Ordinance No. 3355 recommended by the Police Department Beach Detail Unit and the Marine Safety staff of the Community Services Department which would extend the boundary of "dog beach" to include the northern curb line of 22nd Street. This ME 05/05/97 - City Council/Redevelopment Agency Minutes - Page 29 extension would permit not only easier access for the public but also legal access to the beach when accompanied by their dogs. The City Council was informed by Councilmember Harman that the word "curb" was missing from the wording of the ordinance and should be inserted between the words "northern" and "line" so as to read "northern curb line of 22nd. Street." After a reading by title by the City Clerk, as amended to include the word "curb," a motion was made by Green, second Sullivan to approved introduction of Ordinance No. 3355 - "An Ordinance Of The City Of Huntington Beach Amending Chapter 13.08 Of The Huntington Beach Municipal Code Pertaining To Regulation Of Dogs And Other Animals On The Beach." The motion carried by unanimous roll call vote. (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3356 -AMENDS CODE TO ALLOW PERSONS TO CARRY ROLLER SKATES, IN -LINE SKATES AND SKATEBOARDS ONTO THE MUNICIPAL PIER (640.10) The City Council considered a communication from the Community Services Director transmitting proposed Ordinance No. 3356 which would allow roller skates, in -line skates and skateboards to be carried on the Municipal Pier. A motion was made by Green, second Garofalo to approve introduction of Ordinance No. 3356 after a reading by title by the City Clerk - "An Ordinance Of The City Of Huntington Beach Amending Chapter 13.12 Of The Huntington Beach Municipal Code Pertaining To Roller Skates, In -Line Skates And Skateboards On The Municipal Pier. " The motion carried by unanimous roll call vote. (CITY COUNCIL) COUNCIL CONCURRED WITH COMMUNICATION SUBMITTED BY MAYOR PRO TEM DETTLOFF AND COUNCILMAN HARMAN REGARDING AMERICAN LEGACY OF VOLUNTEERISM (100.10) The City Council considered a communication regarding the summit meeting in Philadelphia held by General Colin Powell, supported by President Clinton and past Presidents Ford, Carter, Reagan and Bush to celebrate volunteerism and to challenge people throughout the nation to better their communities and to improve opportunities for our children by volunteering. Recognizing that Huntington Beach is fortunate in having a wealth of citizens who volunteer in a variety of programs throughout the city, Mayor Pro Tern Dettloff and Councilmember Harman have some comments on this summit and proposals for the city to act as a clearing house in connecting all of our citizens to the many opportunities to make our community better and in so doing, pass on the American legacy of volunteerism to future generations. Mayor Pro Tern Dettloff presented a report. She stated that by calling Pat Dapkus, Management Assistant, City Administrator's Office, a member of the community may offer to volunteer their services. 950 Page 30 _ Council/Agency Minutes - 05/05/97 (CITY COUNCIL) (CDBG) COMMUNITY DEVELOPMENT BLOCK GRANT PROCESS - COMMITTEE MEETING SESSION BETWEEN MAYOR PRO TEM DETTLOFF, COUNCILMEMBER GAROFALO, AND CITIZENS PARTICIPATION ADVISORY BOARD (CPAB) CHAIR TO BE SCHEDULED (100.10) The City Council considered a communication from Councilmember Garofalo informing Council that following the lengthy and informative public hearing on the Community Development Block Grant application, he had met with several community leaders and was submitting the following recommendations for the City Council's consideration: Councilmember Garofalo requested that with the Mayor's permission meetings be scheduled with Council liaisons to review the issue presented in his communication. It was concurred by Council that a one or two committee meeting session between the Mayor Pro Tem, Councilmember Garofalo, and specific Economic Development Department staff members who coordinate the Citizens Participation Advisory Board (CPAB) function would be held and that the chair of the CPAB would be invited to attend. Council unanimously concurred with the action. Councilmember Julien was absent. (CITY COUNCIL) CITY SUPPORT FOR ACQUISITION OF THE BOLSA CHICA MESA_ BY PURCHASE OR LAND EXCHANGE - APPROVED (440.60) Mayor Pro Tem Dettloff addressed Council regarding her communication recommending support for the acquisition of the Bolsa Chica mesa by purchase or land exchange. Mayor Pro Tem Dettloff reported on the issue and stated reasons for her recommendation. On motion by Dettloff, second Green, Council approved the following statement: The Huntington Beach City Council applauds the acquisition of all of the Bolsa Chica Wetlands for the benefit of future generations. The City Council wishes to offer its congratulations to all of those who were responsible for bringing the wetland acquisition to a successful close. The City Council also recognizes the ecological importance of the area known as the Bolsa Chica Mesa which is important to the Bolsa Chica Wetlands. Should the current owners of the Bolsa Chica Mesa agree, the Huntington Beach City Council supports preservation of Bolsa Chica Mesa through acquisition by direct purchase or land exchange. It is acknowledged that city funds are not available for such a purchase. The motion carried by unanimous roll call vote with Councilmember Julien absent. 951 05105/97 - City Council/Redevelopment Agency Minutes - Page 31 (CITY COUNCIL) ITEM PRESENTED FOR INFORMATION PURPOSES WHICH WAS DEFERRED FROM APRIL 21, 1997 - ACCESS TO BEACH PATH AT SEAPOINT STREET AND PACIFIC COAST HIGHWAY (930.20) The City Council considered a submittal by Mayor Bauer of a communication from the Community Services Director dated April 28, 1997 to the City Council providing an update on the status of the installation of a beach access from Pacific Coast Highway to Seapoint Street. Mayor Bauer stated he had presented this communication for the information of Council. ADJOURNMENT - CITY COUNCILIREDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 1:50 a.m. to Monday, May 19, 1997 at 5:00 p.m. in the Council Chamber, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City C rk and ex-officio Clerk o the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California City Clerk/Clerk Mayor/Chairman 952