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HomeMy WebLinkAbout1997-05-19MINUTES CITY COUNCIL/REDEVELOPM ENT AGENCY CITY OF HUNTINGTON BEACH . 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Monday, May 19, 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 5:00 p.m. in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: None 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. (CITY COUNCIL) STUDY SESSION - FOURTH OF JULY - POLICE OPERATIONAL PLAN - DISCUSSION RE: ORDINANCE NO. 3357 - DRINKING IN PUBLIC (960.30) The City Council and staff held discussion regarding the Fourth of July Police Operational Plan and Proposed Ordinance No. 3357 - Drinking In Public. During the earlier portion of the meeting, the 1997 Fourth of July Operational Plan was distributed to the City Council. The Police Chief presented a staff report. Officer Jon Arnold reviewed the document using an overhead projector. Included in the report were the following subjects: Operational Goal; Review of the 1994 Fourth of July; Review of the,1995 Fourth of July; 1996 Fourth of July Techniques; 1996 Arrest Analysis; 1995-1997 Cost Analysis; Cooperative Efforts Between Allied Law Enforcement Agencies; Chamber of Page 2 - Council/Agency Minutes - 05/19/97 Commerce, Downtown Merchants Association, And Other Groups; Proposed Street Closures And Citywide Patrol Staffing. Discussion was held between the City Council and Police Department staff regarding the report, including the subject of street closures, participation by outside agencies, the processing of violators, and staffing cost. In response to Councilmember Garofalo, the City Administrator reported on the presentation to be made regarding the ordinance which appears later on the agenda. Councilmember Garofalo requested that the differences in the ordinance proposed be explained completely. Further discussion was held regarding aspects of the operational plan. MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80) A motion was made by Sullivan, second Green, 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 Cassidy, 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 - 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 Williams v. City of Huntington Beach - Orange County Superior Court Case No. 76 33 11. Subject: Williams v. City of Huntington Beach. (120.80) The following Closed Sessions will be attended by Dick Whitmore - Whitmore, Johnson and Bolanos - Special Counsel and Peter Brown - Liebert, Cassidy Frierson - Special Counsel. Closed Session - City Council - Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to Government Code Section 54956.9(c): One potential case. (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 Huntington Beach Firefighters Assn. vs. City of Huntington Beach: Orange County Superior Court Case No. 75 99 49. Subject: Huntington Beach Firefighters Assn. v. City of Huntington Beach. (120.80) Closed Session - City Council - to confer with its legal Counsel regarding pending litigation pursuant to Government Code Section 54956.9(c). (qased on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of Potential cases 1. Subject: Huntington Beach Firefighters Assn. v. City of Huntington Beach. (120.80) 2 05/19/97 - City Council/Redevelopment Agency Minutes - Page 3 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 MEA/MEO vs. City of Huntington Beach, Orange County Superior Court Case No. Subject: Challenge to Personnel Commission Decision in MEA/MEO vs. City of Huntington Beach. (120.80) Closed Session - City Council - to confer with its legal counsel regarding pending litigation pursuant to Government Code Section 54958.9(c) (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of Potential Cases 1. Subject: Challenge to Personnel Commission Decision in MEA/MEO vs. City of Huntington Beach. (120.80) RECONVENE The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by Huntington Beach Boy Scout Troop No. 134 with Troop Leader Don Hume. 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: 1997 Fourth of July Operational Plan from the Huntington Beach Police Department Agenda Revised Page No. 13 from the City Clerk ' 's Office adding H. Item regarding the Huntington Youth Shelter from Mayor Bauer and Councilmember Garofalo Agenda Revised Page No. 14 from the City Clerk's Office adding Councilmember Garofalo's H-1 B Item regarding public hearings Communication from Councilmember Garofalo dated May 19, 1997 submitting a Fourth of July Board report 3 Page 4 - Council/Agency Minutes - 05/19/97 Communication from Councilmember Garofalo dated May 19, 1997 regarding Council efforts to replace certain funds reallocated from staff/advisory board recommendations on the Community Development Block Grant Allocations Closed Public Hearing - Four communications and one petition in opposition to portions of the proposed sign code Communication from Stephen Bone, Waterfront Hilton President and Chief Executive Officer, dated May 1, 1997 in opposition to larger signs proposed in the new sign ordinance Communication from David and Margaret Carlberg in opposition to larger signs proposed in the new sign ordinance Communication from Richard McGrath dated April 29, 1997 in opposition to larger signs proposed in the new sign ordinance Petition submitted by Priscilla Parker listing approximately 25 signatures in opposition to larger signs proposed in the new sign ordinance Communication from Anna Friesen dated May 1, 1997 in opposition to taller business signs Communication from Mike Seymour dated May 2, 1997 in support of the Home Depot Project Petition listing approximately 20 signatures in opposition to the Home Depot Project Communication from Jenifer Morris Lee, Environmental Board Member, Wintersburg/Home Depot Project Chairman, dated May 13, 1997 stating that the Environmental Board opposes approval of the Home Depot Project unless mitigation measures are provided to replace the net loss of open space Communication from Virginia Emery, Dalton Emery and Todd Emery dated May 19, 1997 in opposition to the approval of the Home Depot Project Slide report from the Community Development Director dated May 19, 1997 regarding General Plan Amendment No. 96-2 - Zone Change No. 96-4 - Conditional Use Permit No. 96-55 - Environmental Impact Report No. 96-3 - Fiscal Impact Report - Home Depot New Recommended Action from the Public Works Director regarding purchase of the aerial truck Slide Report from the City Administrators Office titled Huntington Beach Union High School District/City Revenue Sharing Agreement Communication from J. W. Arnold, Lieutenant, South Area Commander, Police Department, written to Police Chief Lowenberg dated May 15, 1997 regarding Survey of Drinking in Public Ordinances Communication from George Snyder dated May 14, 1997 in opposition to the proposed Ordinance No. 3357 - Public Drinking on July 4 4 05/19/97 - City Council/Redevelopment Agency Minutes - Page 5 Communication from Greg Afooch dated May 11, 1997 regarding clarification of public places Communication from Mary Feinstein dated May 15, 1997 in opposition to proposed Ordinance No. 3357, Drinking in "Public" Communication from Eric Sly dated May 11, 1997 regarding clarification of public places Communication from Mr. D. Hofman dated May 11, 1997 regarding clarification of public places Slide Report titled Drinking in Public Ordinance, Huntington Beach Municipal Code, Section 9.44.010 submitted by the Police Department Communication from Mayor Bauer and Councilmember Garofalo dated May 16, 1997 regarding Council Resolution No. 97-33 Recognizing the Efforts of the Huntington Youth Shelter Communication from Councilmember Garofalo dated May 16, 1997 regarding placing all public hearings first on the agenda of the City Council meetings Communication from Marinka Horack dated May 19, 1997 regarding keeping public comments at the start of the City Council meetings Communication from Flossie Horgan dated May 19, 1997 regarding support for the Acquisition of Bolsa Chica Mesa by Outside Third Party PRESENTATION - By Mayor Bauer and the City Council to Christopher Lung, Eagle Scout Candidate, of a certificate of appreciation for holding a pancake breakfast and raising $600 for the Huntington Beach Art Center. The proceeds were used to purchase banners for the flag poles and the exterior of the building. Christopher also held a work party and did general maintenance in the parking lot. (160.40) PRESENTATION - To Mayor Bauer and the City Council from Barbara Haney, Director of Community Development with Social Vocational Services, Incorporated of a plaque in recognition of employing persons with disabilities. (160.40) PRESENTATION - By Mayor Bauer and the City.Council to Evelyn Schubert, Deputy City Clerk, of an Award of Commendation in recognition for receiving the "1997 City Clerk's Association of California President's Award of Distinction for Special Achievement in the Area of Organization and Administration." This was awarded for her guidance in the creation of an Electronic Bulletin Board System and guidance in the creation of a web page on the Internet for the Office of the City Clerk. (160.40) 4�1 Page 6 - Council/Agency Minutes - 05/19197 PRESENTATION - By Mayor Bauer and the City Council to Richard Lorenz, volunteer in the City Clerk's Office, of an Award of Commendation in recognition for the hundreds of volunteer hours he has spent in creating and maintaining a web site on the Internet forthe Office of the City Clerk. Mr. Lorenz has created a web site page where citizens can access and download City Council Agendas, Minutes, the Community Services Department's Calendar of Events, and most i ' mportantly the city's Municipal Code. Huntington Beach is one of only two cities in California where citizens can access and download the Municipal Code on the Internet. (160.40) PRESENTATION - By Mayor Bauer and the City Council of a proclamation to Captain Steve Seim and Marine Safety Officer Mike Bartlett proclaiming May 19-27, 1997 as National Beach Safety Week. The Huntington Beach Surf Life Saving Association, in conjunction with the City of Huntington Beach Marine Safety Division, will be hosting an open house at Lifeguard Headquarters on Memorial Day weekend, Saturday, May 24 through Monday, May 26, 1997 to educate parents and children in preventing drownings and beach related accidents. (120.60) Captain Seim informed the Council and audience that Lifeguard Headquarters is always open to show the operation to the public and to demonstrate where the taxpayers' money goes. PRESENTATION - By Mayor Bauer and the City Council to representatives of Huntington Beach schools that participated in the American Heart Association's "Huntington Beach Jump Rope for Heart" fund-raiser to create awareness and educate the Huntington Beach .community about heart disease as follows: Schroeder Elementary School, Mesa View Middle School, Oak View Elementary School, Hope View Elementary School, Lake View Elementary School, Sowers Middle School, Dwyer MiddleL.School, Marine View Middle School, Golden :u Elementary School. (160.40) View Elementary School, and St. Bonaventure Mayor Bauer recommended that a stress test be taken by all persons even though they do not have heart disease so that the base line can be established for future use. PUBLIC COMMENTS BOB KAKUK, representing the Orange County Vietnam Veterans, extended an invitation to the May 26 unveiling of the new war memorial honoring those who lost their lives in the World Wars and those who are prisoners of war or missing in action. He stated the ceremony would be held on Monday, May 26, 1997 at City Hall. JOHN PARTINGTON presented an update on the progress and the plans for the upcoming Fourth of July events. He stated that Councilmembers Julien and Garofalo, as Council Liaisons, had suggested that Volunteerism be the grand marshal of the parade. He stated that the board approved their recommendation. NANCY DONAVEN, Bolsa Chica Land Trust, thanked the Council for its action to preserve the Bolsa Chica which Mayor Pro Tern Dettloff had placed on the agenda on May 5, 1997. She spoke in support of the item placed on the agenda by Councilmember Harman relative to preservation of the Bolsa Chica. 1.1 05119/97 - City Council/Redevelopment Agency Minutes - Page 7 JINX VARONA stated that he hopes that the public drinking ordinance can be adopted in such a way to be workable. He stated that he believes Councilmember Harman is putting the Bolsa Chica item on the agenda to preserve open space for his grandchildren. He spoke in support of Councilmember Harman's agenda item. EILEEN MURPHY spoke in support of the item placed on the agenda by Councilmember Harman relative to the Bolsa Chica. She stated her opposition to Councilmember Garofalo's agenda item suggesting that Public Comments be placed after Public Hearings. TOM LIVENGOOD, President of the Amigos de Bolsa Chica, spoke regarding the County's efforts to widen Warner Avenue to four lanes which will adversely affect the pond near the Bolsa Chica. He requested that the Council contact the County to request that this not be done. JERRY JONES stated his support for the Police Department. He spoke in opposition to the proposed public drinking ordinance and in opposition to any Councilmember's action in support of the ordinance. JAMES BLAKE recommended that beer be promoted at the Fourth of July Parade and that those getting drunk should have their pictures put in the paper. MICHAEL VARDOULIS spoke regarding what he believes is the difference between the proposed Huntington Beach drinking in public ordinance and that of Newport Beach. He stated that he does not want to see liberties taken away from the people. MORTIMER SHEA stated that he is opposed to the proposed public drinking ordinance as he believes it is a flagrant invasion of Huntington Beach citizens' rights. He referred to his letter of opposition dated May 12, 1996 that had been provided to Council in the Council packet. He stated that he believes we have one of the finest police departments and he lauds the job the Police Chief is doing; however, he opposes this ordinance. He presented suggestions in the event the ordinance is adopted such as limiting the area which would be covered by the ordinance. MATTHEW HARPER presented his opposition to the proposed ordinance. He questioned what the ordinance is supposed to do as all the things we do not want to happen on the Fourth of July are already against the law. He requested information relative to how the proposed ordinance would affect him as he lives within a gated community in the "dry zone." He stated his desire for a city council and police department interested in protecting persons' freedoms. MERRILL SEILER stated that he believes the proposed ordinance will criminalize a vast portion of citizens who want to enjoy their property. He stated his support for the item placed on the agenda by Councilmember Harman relative to the Bolsa Chica. JIM PROCTOR stated that he believes the ordinance that was introduced on May 5, 1997 relative to public drinking goes too far. LORETTA WOLFE, representing the Downtown Residents Association, requested Council's continued support for the downtown area. She stated her support for Alternative D—Proposed Drinking In Public Ordinance. Page 8 - Council/Agency Minutes - 05/19/97 LISA MURPHY, representing the Bolsa Chica Land Trust, stated that there is widespread support for saving the Bolsa Chica mesa and cited resolutions of support received from outside areas and also the support of members of the Huntington Beach community. ED KERINS spoke in opposition to Councilmember Garofalo's item regarding changing the time for Public Comments. He presented events which he believes will occur if Public Comments are not heard first such as not receiving input from the community on agenda items. TOM LOGAN, Citizens Bureau of Investigation, stated his opposition to the proposed drinking ordinance as he believes it conflicts with the United State Constitution. He stated his opposition to the rearranging of the agenda so that Public Comments would not come first. BILL VAN CLEVE, Huntington Youth Shelter, spoke in support of the Huntington Youth Shelter. He presented a letter of support from Larry Leaman, Social Services Director of the County of Orange. He requested Council support of the agenda item regarding changeover of management of the Youth Shelter to Volunteers of America --Status Report. GERALD CHAPMAN stated that on a recent HBTV-3 production of Your City, Your Issues it was stated that the Home Depot project did not need any city funds and the agenda item pertaining to the revenue sharing agreement between the city and the Huntington Beach Union High School District shows that it does. He stated that he believes the Councilmember who stated otherwise would like to change this portion of the program. MARJORIE KURTH thanked the Council and previous Councils for the establishment of the city library. She spoke regarding the various ways the members of the community use the library and the work provided by the library volunteers. As a library employee, she spoke regarding the work of the library staff which keeps the library working at its world class level. Ms. Kurth stated that if the library is to extend its hours to Sunday, which is important, that the staff needs to have the resources to do so; that the burden should not be on staff and their families. JOSEPHINE AGAHI, student, stated her support for preservation of the Bolsa Chica mesa because of the need to keep the animals and plants in their own environment as they have lives. KIM KENNEDY spoke in support of Councilmember Harman's item on the agenda relative to the Bolsa Chica mesa, stating that Council must support what the people want which is to preserve the Bolsa Chica mesa. She stated that the community is devoted to saving the mesa. Ms. Kennedy spoke regarding Koll's disregard of the city permit process regarding water and fencing. DEAN ALBRIGHT spoke in opposition to the Home Depot project on which a public hearing is scheduled later in the meeting, citing all the businesses that have been run out of the area which makes Home Depot able to set prices. He stated loading operations should be in the rear of the store area and kept away from the pedestrians. Mr. Albright spoke in opposition to Councilmember Garofalo's item recommending that Public Comments follow Public Hearing items on the agenda. 05/19/97 - City Council/Redevelopment Agency Minutes - Page 9 WILLIAM BERNARD stated that he believed it would be almost impossible for the seniors to get to the Council meeting after the Public Hearings to place their opinions before Council. He stated that if seniors are cut off, children and grandchildren will be upset. LEONARD CRANE spoke in support of the item on the agenda relative to the Reciprocal Use Agreement between the city and the Huntington Beach Union High School District (HBUHSD) for use of the tennis courts at Ocean View High School. He presented a recommendation as to how to help solve the situation under discussion regarding the public drinking ordinance stating that extending the arrest paperwork processing time to 12 hours would help. MARIE ST. GERMAIN stated her support for the alternative ordinance relative to public drinking. She stated that the police are not picking on people; they are just responding to violations. Ms. St. Germain stated that after years of living with this situation, she has joined the community effort to help the situation. She spoke against Councilmember Garofalo's item to move Public Comments after the Public Hearings on the agenda. DAVID BUCKHAM stated that it does not seem constitutional to enact the drinking in public ordinance. JOHN BRISCOE stated that he had asked for an inspection of a code violation which was not taken care of; however, a diligent staff employee had located the code and now the violation will be cited. Mr. Briscoe stated that he has met with the City Administrator regarding putting a customer comment form on each public counter requesting public input. JANET BIDDLE stated that the Community Services Commission had believed that the agenda item regarding expenditure of Park Acquisition and Development funds for Pier Plaza plans had already been approved and had they known otherwise, their opposition to such expenditure would have been made. CARRIE THOMAS stated her agreement with the comments on the expenditure of Park Acquisition and Development funds for Pier Plaza plans. She stated that in some instances she wonders why the Community Services Commission exists as they have no money with which to act. She stated her opposition to Councilmember Garofalo's item recommending that Public Comments follow Public Hearings. She expressed her appreciation for Mayor Pro Tern Dettloff's suggestion at a previous meeting regarding the Bolsa Chica as well as touncilmember Harman's item on the issue scheduled later in the meeting. (CITY COUNCIL) APPRECIATION TO BE EXTENDED TO COMPANIES CONTRIBUTING TOWARD ESTABLISHMENT OF DAY LABOR CENTER (160.40) Councilmember Garofalo announced that Centerstone Development has given $5,000 to the establishment of a day labor center and combined with the other contributions the labor center will have had the money made up that was removed during the Community Development Block Grant (CDBG) allocation hearing. He requested that the Mayor prepare letters of appreciation to the companies donating funds. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Page 10 - Council/Agency Minutes - 05/19/97 Communication from Councilmember Garofalo dated May 19, 1997 regarding Council efforts to replace certain funds reallocated from staff/advisory board recommendations on the Community Development Block Grant Allocations (CITY COUNCIL) VOLUNTEERISM TO BE GRAND MARSHAL OF THE HUNTINGTON BEACH FOURTH OF JULY PARADE (960.30) Councilmember Garofalo spoke regarding the July Fourth Board making volunteerism the grand marshal of the Huntington Beach Fourth of July Parade. He requested that all nonprofit city agencies call the city regarding how to participate in the grand marshal program. 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 Councilmember Garofalo dated May 19, 1997 submitting a Fourth of July Board report Councilmember Julien reminded the Council that the Fourth of July is self -funded and spoke regarding the events which will be held to help raise funds. (CITY COUNCIL) HOME DEPOT PUBLIC HEARING --RESPONSE TO PUBLIC COMMENT (440.50) The City Administrator stated that during the Public Hearing to be held later in the meeting on Home Depot, he would reply to the public comment made by Gerald Chapman regarding application of Proposition 218. He stated that Proposition 218 does not apply to this issue. (CITY COUNCIL) PROCEDURE FOR THE PUBLIC TO COMMENT ON SERVICE RECEIVED BY CITY EMPLOYEES (160.10) The City Administrator reported on Mr. Briscoe's comments during Public Comments which recommended a procedure by which citizens could complete a form commenting on the s ervice they have received from city employees. The City Administrator reported that this had already been done but not in a systematic way and that the idea submitted by Mr. Briscoe was a good one. (CITY COUNCIL) PUBLIC WORKS OPEN HOUSE SCHEDULED MAY 17, 1997 (160.10) The City Administrator spoke regarding the Public Works Open House and urged members of the community to attend. He stated how impressed he is at each Public Works open house relative to the Public Works employees' commitment to their jobs. 10 05119/97 - City Council/Redevelopment Agency Minutes - Page 11 (CITY COUNCIL) WIDENING OF WARNER AVENUE --CITY ADMINISTRATOR TO REPORT BACK TO COUNCIL (120.90) Mayor Bauer requested that the City Administrator prepare a status report regarding the widening of Warner Avenue which will affect the pond by the Bolsa Chica. (CITY COUNCIL) CITY ADMINISTRATOR TO REPORT ON PUBLIC COMMENT RELATIVE TO PARK ACQUISITION AND DEVELOPMENT FUNDING (120.90) The Mayor requested that the City Administrator prepare a report regarding Ms. Biddle's statements during Public Comments regarding the understanding by the Community Services Commission that the Municipal Pier Plaza item had been previously approved by the City Council, thereby opposition to the use of such funds not being able to be presented. (CITY COUNCIL) MOTION TO RECONSIDER ORDINANCE NO. 3357 - MODIFIES EXISTING CITY ORDINANCE REGARDING DRINKING IN PUBLIC - ADOPTED - MOTION TO RESCIND ORDINANCE NO. 3357 - ADOPTED - INTRODUCTION OF ALTERNATIVE ORDINANCE NO. 3363 -APPROVED (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 J. W. Arnold, Lieutenant, South Area Commander, Police Department, written to Police Chief Lowenberg dated May 15, 1997 regarding Survey of Drinking in Public Ordinances Communication from George Snyder dated May 14, 1997 in opposition to the proposed Ordinance No. 3353 - Public Drinking on July 4 Communication from Greg Afooch dated May 11, 1997 regarding clarification of public places Communication from Mary Feinstein dated May 15, 1997 in opposition to proposed Ordinance No. 3357, Drinking in "Public" Communication from Eric Sly dated May 11, 1997 regarding clarification of public places Communication from Mr. D. Hofman dated May 11, 1997 regarding clarification of public places 11 Page 12 - Council/Agency Minutes - 05/19197 Slide Report titled Drinking in Public Ordinance, Huntington Beach Municipal Code, Section 9.44.010 submitted by the Police Department Included in the packet to the City Council prior to the meeting were letters in opposition to the proposed ordinance received from Mortimer Shea dated May 12, 1997 and from Pat Myles dated May 9, 1997. A motion was made by Bauer, second Garofalo to reconsider the action taken by the City Council at the May 5, 1997 Council meeting which approved introduction of Ordinance No. 3357. The motion to reconsider carried unanimously. A motion was made by Bauer, second Garofalo to rescind the action by the City Council on May 5, 1997 which approved introduction of Ordinance No. 3357. The motion carried by unanimous vote. The City Administrator reviewed the proposed ordinance and presented a slide report. The City Attorney presented a report including providing background information regarding the issue. Discussion was held regarding aspects of the matter. The Police Chief and Police Lieutenant Arnold responded to Councilmember Harman's questions, including questions regarding area boundaries and the reasons that certain area boundaries were set forth. Councilmember Harman requested that the time period in which the ordinance would be in effect be reduced to noon on July 4 to 6:00 a.m. on the following day --July 5. He questioned the need for a reduction in the boundaries. Lt. Arnold reported that there had been problems north of Adams Avenue and also west of Beach Boulevard. The Police Chief responded to Councilmember Garofalo as to how this ordinance would provide the Police Department with more ability to protect on the Fourth of July than had been provided before. Motion To Amend Proposed Ordinance No. 3363--Drinking In Public Ordinance --Failed A motion was made by Harman, second Bauer to amend the ordinance as follows: To amend Paragraph (B) so that the ordinance will be in effect from 10:00 a.m. Pacific Standard Time on July 4, 1997 to 6:00 a.m. Pacific Standard Time on July 5, 1997 and for just this year. The motion failed by the following roll call vote: AYES: Harman, Sullivan, Garofalo NOES: Julien, Dettloff, Bauer, Green ABSENT: None 12 05/19/97 - City Council/Redevelopment Agency Minutes - Page 13 Introduction of Ordinance No. 3363 Approved - Amends Huntington Beach Municipal Code Pertaining To Disorderly Persons A motion was made by Dettloff, second Julien to approve introduction of Ordinance No. 3363 - "An Ordinance of the City of Huntington Beach Amending Chapter 9.44 Of The Huntington Beach Municipal Code Pertaining To Disorderty Persons." Following a reading by title of Ordinance No. 3363 by the City Clerk, the motion by Dettloff, second Julien carried by the following roll call vote: AYES: Julien, Dettloff, Bauer, Green NOES: Harman, Sullivan, Garofalo ABSENT: None (CITY COUNCIL) CLOSED PUBLIC HEARING - (HEARING HELD MAY 5,1997) WITH DECISION CONTINUED TO THIS DATE - ZONING TEXT AMENDMENT NO. 95-6 - INTRODUCTION OF ORDINANCE NO. 3360 - SIGN CODE RE -WRITE - REFERRED BACK TO THE PLANNING COMMISSION (420.35) The City Council considered a communication from the Community Development Director relative to the public hearing opened and closed on May 5, 1997 regarding the following: 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: Closed Public Hearing - Four communications and one petition in opposition to portions of the proposed Sign Code Communication from Stephen Bone, Waterfront Hilton President and Chief Executive Officer, dated May 1, 1997 in opposition to larger signs proposed in the new sign ordinance Communication from David and Margaret Carlberg in opposition to larger signs proposed in the new sign ordinance Communication from Richard McGrath dated Ap�il 29, 1997 in opposition to larger signs proposed in the new sign ordinance Petition submitted by Priscilla Parker listing approximately 25 signatures in opposition to larger signs proposed in the new sign ordinance Communication from Anna Friesen dated May 1, 1997 in opposition to taller business signs A motion was made by Sullivan, second Green to refer Zoning Text Amendment No. 95-6 back to the Planning Commission to clarify the locational criteria and circulation map on the specific 13 Page 14 - Council/Agency Minutes - 05/19/97 street segments to which the proposed larger sign criteria would apply and return with a new public hearing before the City Council as soon as possible. The motion carried unanimously. (CITY COUNCIL) PUBLIC HEARING - HOME DEPOT/RETAIL OUTLET AND SCHOOL ADMINISTRATIVE OFFICE BUILDING - SOUTHEAST CORNER OF WARNER AVENUE AND GOLDENWEST STREET - RESOLUTION NO. 97-31 - ADOPTED - GENERAL PLAN AMENDMENT NO. 96-2 - INTRODUCTION OF ORDINANCE NO. 3362 APPROVED - ZONE CHANGE NO. 96-4 - CONDITIONAL USE PERMIT NO. 96-55 - RESOLUTION NO. 97-30 - ADOPTED - ENVIRONMENTAL IMPACT REPORT NO. 96-3 (440.50) The Mayor announced that this was the meeting set for a public hearing to consider the following: Applicant: Greensburg Farrow Architects, Francis Chu Request: General Plan Amendment: To change the land use designations on the General Plan from P(RQ (Public with an underlying designation of Low Density Residential) and RMH-25 (Medium -High Density Residential-25 units/acre) to CG-F1 (General Commercial with a Floor Area Ration of .35), CO-F1 (Office Commercial with a Floor Area Ratio of .35), and P(RL) (Public with an underlying designation of Low Density Residential). Zone Change: To change the land use designations on the zoning from PS-FP2 (Public - Semi Pu bl ic- Flood plain) and RMH-FP2 (Medium -High Density Residential-Floodplain) to CG- FP2 (General Commercial-Floodplain), and PS-FP2 (Public -Semi Public Floodplain). Conditional Use Permit: Demolish the existing closed Wintersburg School buildings and construct a 105,143 square foot Home Depot and a 25,500 square foot garden center on a 10.5 acre site and to conceptually approve construction of a 30,000+ square foot administrative office building on a 2.71 acre site. Environmental Impact Report: Addresses potential environmental impacts associated with General Plan Amendment, Zone Change, Conditional Use Permit and Tentative Parcel Map to allow for the development of a Home Depot, School Administrative Offices and relocation of recreational fields. Location: Southeast corner of Warner Avenue and Goldenwest Street 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. She introduced Jim Barnes, Contract City Planner; Herb Fauland, Senior Planner; and Jane Madera, Associate Planner. The Community Development Director also introduced the consultants and representatives of Home Depot who were present. The Mayor declared the public hearing open. 14 05/19/97 - City Council/Redevelopment Agency Minutes - Page 15 The City Clerk announced the following communications on this item which had been provided to the City Council: Communication from Mike Seymour dated May 2, 1997 in support of the Home Depot Project Petition listing approximately 20 signatures in opposition to the Home Depot Project Communication from Jenifer Morris Lee, Environmental Board Member, Wintersburg/Home Depot Project Chairman, dated May 13, 1997 stating that the Environmental Board opposes approval of the Home Depot project unless mitigation measures are provided to replace the net loss of open space Communication from Virginia Emery, Dalton Emery and Todd Emery dated May 19, 1997 in opposition to the approval of the Home Depot Project Slide report from the Community Development Director dated May 19, 1997 regarding General Plan Amendment No. 96-2 - Zone Change No. 96-4 - Conditional Use Permit No. 96-55 - Environmental Impact Report No. 96-3 - Fiscal Impact Report - Home Depot Communication received from Bernard Samson, Samson Family Trust representative dated May 12, 1997 in support of the proposed project KATHY KURJAN informed Council how her concerns and the concerns of others regarding this project were not addressed. She stated she was not opposed to the Home Depot but to the way it is planned which will adversely affect the neighborhood, including an effect on air quality. RICH KURJAN presented a document for Council's consideration. He reported on inaccuracies reported in the newspaper relative to the tennis courts and administration building. Mr. Kurjan stated that he believed the Fiscal Impact Statement is a shoddy piece of work and presented reasons for his opinion. PATRICIA WAGNER stated that she has already expressed her views on the project at two Environmental Impact Report meetings and the Planning Commission meeting. She stated that those who will be affected by this project had been excluded from the initial process. Ms. Wagner stated that some of the Council were on TV extolling the merits of the project before the Environmental Impact Report (EIR) was approved. She stated that she was concerned regarding the cavalier manner in which school property is being done away with; also she questioned whether Council had seen the report that spelled out guidelines for buying school land and if so, what are the guidelines? She stated she fears that an alternative proposal for the Administration Building will be presented at a later date and that the day labor center may be located at the Central Park. BILL GUZZARDO stated that he did not believe the figures were accurate as the store will do more business than stated in the report. He cited this impact on traffic and described areas in the neighborhood that will have their traffic patterns change. He stated that he is next to a school where students do not have good driving abilities and that he believed it will cause accidents. 15 Page 16 - Council/Agency Minutes - 05/19/97 MICHAEL SIMONS stated that he believes this is an excellent project for the city and presented reasons. Dr. Simons stated that it was not known if the school district will ever have the funds to build the administrative office. Herb Fauland, Senior Planner, reported on the conditions for landscaping. JEFF NICHOLS, representing Home Depot, stated that Home Depot will complete the playing fields. He stated that the comment made earlier in the meeting regarding Pet Mart going into the center prior to approval was inaccurate as it is not a part of this project. FRANCIS CHU, representing Home Depot, spoke regarding the proposed project, including truck access and landscaping elevation. JEFF LEE stated that he believed loss of grass and more concrete will be cost to the city just so Home Depot can move to this location. He stated that he had heard a Home Depot employee say this is a "done deal." Mr. Lee stated that he hoped Council would not approve the project. JENIFER MORRIS LEE, Environmental Board member, speaking on behalf of the board, referred to the communication from the Environmental Board that had been provided in the City Council packet. She gave reasons. why the board opposed the project, including the need to preserve open space. She stated that there has been no mitigation made for this 13 acre loss and that there are a number of Land Use Elements in the General Plan that are in conflict with this kind of loss; that the Board does not concur that the net loss of open space is only a cumulative loss but they believe that the net loss is a project specific impact that could be mitigated. She stated other reasons for opposition include inadequate economic analysis as expressed by several Planning Commissioners; that there were a number of project alternatives that did not have the net result in the same cumulative or project specific loss of open space. She referred to the requirement in the General Plan that the type, intensity and density of reuse or development of surplus school sites should be determined by compatibility with the type and character of adjacent uses and working with the residents of surrounding neighborhoods in the formulation of a reuse plan. She stated this has not occurred and that public comments to the Environmental Impact Report (EIR) largely from the impacted neighborhoods are overwhelmingly negative. ANITA NEAL stated that 72% to 95% of existing tennis courts in her neighborhood are not used. She stated that she believes as well as others believe that this is a "done deal." She stated that building such a big school administrative building for so few employees is not believable. LEONARD CRANE informed Council that maybe the reasons the tennis courts are not being used is that there are no bathrooms in the area. He stated that this will be a upgrade to the schools. 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. At the request of Mayor.Pro Tern Dettloff, Mr. Nichols reported on truck off-loading stating that it will be done faster than at their previous location. . ip 05/19/97 - City Council/Redevelopment Agency Minutes - Page 17 Further discussion was held between Council and Mr. Nichols, including discussion regarding Mayor Pro Tern Dettloff's desire to make the plan better as it has been stated that Huntington Beach in the past has not received the top line architectural project. Mr. Chu addressed Council regarding the elements that had been put into the design to improve the appearance of the Home Depot project. Traffic Engineer Jim Otterson responded to Councilmember Garofalo's and Councilmember Harman's question as to how certain ingress and egress will be made; where will large truck deliveries to the garden area gain access. Herb Fauland, Senior Planner, responded to Councilmember Harman regarding the garden center that he believes Planning Commissioner Chapman had concerns about regarding the traffic analysis and some of the issues regarding the circulation on -site. At the request of Councilmember Harman, Mr. Dunn responded regarding the Fiscal Impact Statement referred to by a speaker. Mr. Dunn responded to Councilmember Garofalo stating that $104,000 gain in sales tax to the city is anticipated. He responded to Councilmember Garofalo regarding the agenda item relative to the Revenue Sharing Agreement between the city and the Huntington Beach Union High School District and the Reciprocal Use Agreement between the city and the Huntington Beach Union High School District for use of the tennis courts at Ocean View High School and the fund appropriation/interfund loan. The Assistant City Administrator informed Council that the money from the city would go to the school district. Herb Fauland, Senior Planner, responded to Councilmember Julien stating there was not a prospective tenant for the Home Depot site. He also responded to the proposed wire fencing to be placed around the Home Depot project. In response to a question by Councilmember Julien regarding traffic, Jim Otterson, Traffic Engineer, clarified his previous statement to Councilmember Harman stating that he had incorrectly stated that traffic would have to go around the block if they wanted to go south on Goldenwest Street. He stated that this project will include a new traffic signal and he clarified how the traffic would proceed. Traffic Engineer Otterson responded to Mayor Pro Tem Dettloff's questions regarding traffic impact from the site. He presented figures as to the fact that the Home Depot project will generate less trips than the "Wintersburg" approved project. A motion was made by Harman, second Green to approve the following motions: A. Certify Environmental Impact Report No. 96-3 as adequate and complete in accordance with California Environmental Quality Act requirements with a Statement of Overriding Considerations by adoption of Resolution No. 97-30 (Attachment No. 5 to the Request for .Council Action dated May 19, 1997) - "A Resolution Of The City Council Of The City Of Huntington Beach Adopting Environmental Impact Report No. 96-3 For The Proposed Home Depot Store, School Administrative Office Building And RelocationlReconfiguration Of Various Sports Facilities On The Wintersburg School Site Located At The Southeast Comer Of Warner Avenue And Goldenwest Street." 17 Page 18 - Council/Agency Minutes - 05/19/97 B. Approve General Plan Amendment No. 96-2 by adoption of Resolution No. 97-31 (Attachment No. 7 to the Request for Council Action dated May 19, 1997) - 'A Resolution Of The City Council Of The City Of Huntington Beach Approving General Plan Amendment No. 96-2. C. Approve Zone Change No. 96-4 with findings as set forth in Attachment No. 7 to the Request For Council Action dated May 19, 1997, and after the City Clerk reads by title, approve introduction of Ordinance No. 3362 - "An Ordinance Of The City Of Huntington Beach Amending The Huntington Beach Zoning And Subdivision Code By Amending District Map 31 (Sectional District Map 26-5-11) To Rezone The Real Property Generally Located At The Southeast Comer Of Warner Avenue And Goldenwest Street From PS- FP2 (Public -Semi Public -Flood Plain) And RMH-FP2 (Medium High Density Residential - Flood Plain) to CG-FP2 (General Commercial -Flood Plain), CO-FP2 (Office Commercial - Flood Plain) And PS-FP2 (Public -Semi Public-Floodplain) (Zoning Map Amendment No. 96-4). " and D. Approve Conditional Use Permit No. 96-55 with findings and suggested conditions of approval as set forth in Attachment No. 1 to the Request for Council Action dated May 19, 1997 and the additional condition that the design of the project be brought back to staff and receive Council input prior to issuance of building permits. The City Clerk read Ordinance No. 3362 by title. The motion made by Harman, second Green carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None CONSENT CALENDAR - ITEMS REMOVED The City Administrator requested that Consent Calendar Item E-1 1 (City Transfer Of Deeds To County For Portion of Bolsa Chica Linear Park Property - Pursuant To Holly-Seacliff Development Agreement) be continued. 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/Redevelopment Agency Minutes Fiber Optics Cable from the Civic Center to the Water Operations Building Resolution No. 97-32 - Revision of beferred Compensation Plan 18 05/19197 - City Council/Redevelopment Agency Minutes - Page 19 Municipal Pier Plaza Plan Reproductions - Purkiss Rose RSI - Allocation of Funds Status Report on Changeover of Management of Youth Shelter to Volunteers of America Replacement of 1978 Irreparable Aerial Truck (Tree Trimming) - Public Works Department CONSENT CALENDAR - ITEMS APPROVED On motion by Green, second Garofalo, 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 (CITY COUNCIL) MOBILE HOME ADVISORY BOARD APPOINTMENT (MHAB) - TOM SOBEK - APPROVED (110.20) - Approved the appointment of Tom Sobek as a permanent member of the Mobile Home Advisory Board to fulfill the remainder of Don Caldwell's term which expires August 5, 1997 as recommended by City Council Liaisons Green and Sullivan who have reviewed all applications. (CITY COUNCIL) RESURFACING OF RESIDENTIAL STREETS - MSC-387 - AMENDMENT TO AGREEMENT BETWEEN CITY AND ALL AMERICAN ASPHALT - RENEWAL OF RESIDENTIAL STREET OVERLAY CONTRACT - APPROVED (600.50) - Approved and authorized the Mayor and City Clerk to execute Amendment No. 1 to Agreement between the City of Huntington Beach and All American Asphalt, Incorporated thereby renewing All American Asphalt's agreement for a second year and authorized a Project Budget of $400,238 to cover contract costs of $362,035, a Change Order Budget of $36,203, and incidental expenditures not to exceed $2,000. (CITY COUNCIL) AUDIT CONTRACT FOR 1996/97,1997/98, AND 1998199 BETWEEN CITY AND DIEHL, EVANS AND COMPANY - WAIVER OF INSURANCE CANCELLATION CLAUSE - APPROVED (600. 10) - Approved and authorized execution by Mayor and City Clerk of the Agreement between the City of Huntington Beach and Diehl Evans And Company. for Audit Services to perform the city's annual audit for Fiscal Years 1996-97, 1997-98, and 1998-99 with waiver of 30 day notice of insurance cancellation. requirement. (CITY COUNCIL) APPROVAL OF BUDGET FOR FOURTH OF JULY CELEBRATION AND BUDGET AMENDMENT - APPROVED (960.30) - 1. Approved the 1997 Fourth of July Parade Budget as presented by the Fourth of July Executive Board and 2. approved an Amendment to the current year budget by appropriating $17,300 to pay for costs for the 1997 Fourth of July Celebration and increased the current year revenue estimates by $19,500. WA Page 20 - Council/Agency Minutes - 05/19197 (CITY COUNCIL) ACCEPTANCE OF IMPROVEMENTS AND NOTICE OF COMPLETION AND APPROVAL OF ADDITIONAL EXPENDITURES - REPAIR/REPLACEMENT OF STREET IMPROVEMENTS - THIRTEEN RESIDENTIAL STREETS - INCLUDING PORTIONS OF ADAMS AVENUE FRONTAGE ROAD - MSC-381 - EXCEL PAVING - APPROVED (600.50) - Authorized an additional expenditure of $8,240 to cover the costs of actual field quantities, accepted the improvements completed by Excel Paving on the repair -replacement of public improvements along 13 residential streets, including portions of the Adams Avenue Frontage Road for a final contract amount of $806,752 and authorized the City Clerk to file the Notice of Completion. (CITY COUNCIL) REPAIR OF DAMAGED AND BROKEN WASTEWATER LINE ON EAGLE LANE AND BIRDIE LANE - TRANSFER OF FUNDS FROM GENERAL FUND BALANCE TO WASTEWATER LINE MAINTENANCE CONTRACTUAL SERVICES - APPROVED (320.45) - Authorized the Finance Director to transfer $18,200 from the city's unappropriated General Fund Balance to fiscal Account No. EE-AA-PW-530-3-90-00 (Wastewater Line Maintenance Contractual Services). (CITY COUNCIL) RESERVOIR HILL BOOSTER STATION PROJECT - CC-534 - ACCEPTANCE OF IMPROVEMENTS AND NOTICE OF COMPLETION - SCHULER ENGINEERING CORPORATION - APPROVED (600.75) - Accepted improvements completed by Schuler Engineering Corporation on the Reservoir Hill Booster Station Project for a final contract cost of $2,819,164.99 and authorized the City Clerk to file the Notice of Completion with the County Clerk - Recorder's Office for the Reservoir Hill Booster Station Project - CC-534. (Enhance water pressure to serve approximately 800 acres bounded by Ellis/Huntington/Clay including Seacliff Shopping Center, Seacliff Estates, and the bluffs on the Linear Park on the west.) (CITY COUNCIL) CITY COUNCIL POSITION REGARDING PROPOSED STATE LEGISLATION - SUPPORT OF AB 1228 (DUCHENY) - PUBLIC BEACH ENHANCEMENT - APPROVED (120.70) - Supported Assembly Bill 1228 (Ducheny) which would appropriate $15,000,000 for beach enhancement, restoration, and nourishment projects. Also, for a Technical Advisory Committee (TAC) comprised of citizens, coastal government officials, academicians, and others to provide advice and guidance on program implementation and directed staff to draft letters of support for the Mayors signature and send the letters to the State Legislature and Governor. (CITY COUNCIUREDEVELOPMENT AGENCY) MINUTES - APPROVED AND ADOPTED AS AMENDED (120.65) The City Council considered approval and adoption of the minutes of the City Council and the Redevelopment Agency regular meeting of April 21, 1997 and the adjourned regular meetings of April 24, 1997 and April 28, 1997 as written and on file in the Office of the City Clerk. Councilmember Sullivan informed the City Clerk of the need to correct the minutes as follows-. A correction as to the fact that Councilmember Garofalo announced the items regarding the accident of the Mayor of the City of Westminster and the passing of Bill Billiter, Orange County 20 05/19/97 - City Council/Redevelopment Agency Minutes - Page 21 Times reporter and city resident rather than Mayor Bauer as reflected in the minutes. Also on Page No. 9 to change the street name from Fifth Street to Main Street. A motion was made by Sullivan, second Garofalo to adopt the minutes of the City Council and the Redevelopment Agency regular meeting of April 21, 1997 as corrected and the adjourned regular meetings of April 24, 1997 and April 28, 1997 as written and on file in the Office of the City Clerk. The motion carried unanimously. (CITY COUNCIL) FIBER OPTICS CABLE FROM THE CIVIC CENTER TO THE WATER OPERATIONS BUILDING - PN 17033 - PLANS AND SPECIFICATIONS - AUTHORIZATION TO ADVERTISE FOR BIDS - APPROVAL OF SAMPLE CONTRACT - CONTINUED TO FUTURE MEETING (600.10) The City Council considered a communication from the Public Works Director submitting plans and specifications and requesting authorization to advertise for bids and approval of a sample contract regarding fiber optics cable from the Civic Center to the Water Operations Building. Following discussion, a motion was made by Sullivan, second Green to continue the Fiber Optics Cable from the Civic Center to the Water Operations Building--PN 17033--Plans and Specification s--Authorization to Advertise for Bids and Approval of Sample Contract to a future meeting. The motion carried unanimously. (CITY COUNCIL) RESOLUTION NO. 97-32 - REVISION OF DEFERRED COMPENSATION PLAN - UPDATE TO CONFORM TO LATEST REVISIONS TO THE INTERNAL REVENUE CODE - CONTINUED TO A FUTURE MEETING (700.55) The City Council considered Resolution No. 97-32--Revision of Deferred Compensation Plan -- Update to Conform to Latest Revisions to the Internal Revenue Code. Councilmember Sullivan stated that he believes some well-known companies should be performing this function. A motion was made by Sullivan, second Green to continue Resolution No. 97-32 - "A Resolution Of The City Council Of The City Of Huntington Beach Updating An Employee's Deferred Compensation Plan And Authorizing Its Implementation" to a subsequent meeting to be presented as an Administrative Item. The motion carried by unanimous vote. (CITY COUNCIL) MUNICIPAL PIER PLAZA PLAN REPRODUCTIONS - PURKISS ROSE RSI - ALLOCATION OF FUNDS - APPROVED (320.45) The City Council considered a communication from the Community Services Director requesting approval of an allocation to the Fiscal Year 1996-97 Park Acquisition and Development Fund Budget relative to the Municipal Pier Plaza Plan Reproductions by Purkiss Rose RSI. 21 Page 22 - Council/Agency Minutes - 05/19/97 The City Administrator, in response to the statements made during Public Comments, informed Council that the use of Park Acquisition and Development Funds is a proper use for the monies. A motion was made by Harman, second Sullivan approve an allocation to the Fiscal Year 1996-97 Park Acquisition Development Fund Budget to allocate $17,933.17 to Account No. E- FK-CS-340-3-90-00 to pay Purkiss Rose RSI for plan reproductions of the Municipal Pier Plaza Project. (Reproduction of working drawings, illustrations, renderings, and models). The motion carried by unanimous roll call vote. (CITY COUNCIL) STATUS REPORT ON CHANGEOVER OF MANAGEMENT OF YOUTH SHELTER TO VOLUNTEERS OF AMERICA - APPROVED - ONE YEAR FOLLOW-UP TO BE PRESENTED WITH ADDITIONAL DETAIL (600. 10) The City Council considered a communication from the Community Services Director transmitting a status report on the changeover of management of the Youth Shelter to the Volunteers of America. Mayor Pro Tem Dettloff stated that she would like a one-year follow-up on this issue and at that time for the report to be presented in more detail. A motion was made by Dettloff, second Garofalo to receive and file the report from the Huntington Youth Shelter a program of Volunteers of America on the status of the Youth Shelter in Huntington Central Park with a report to be made in one year to include more detail. The motion carried unanimously. (CITY COUNCIL) REPLACEMENT OF 1978 IRREPARABLE AERIAL TRUCK (TREE TRIMMING) - PUBLIC WORKS DEPARTMENT - ALTERNATIVE RECOMMENDATION APPROVED (320.45) The City Council considered a communication from the Public Works Director regarding the need to replace a 1978 irreparable aerial tree trimming truck. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: New Recommended Action from the Public Works Director regarding purchase of the aerial truck Following discussion, a motion was made by Green, second Garofalo to approve the alternative action as set forth in the Request for Council Action dated May 19, 1997 as follows: Do not purchase equipment outright and lease/purchase equipment at a cost of $25,000 per year for five years and that Council approve a reduced appropriation of $25,000 from the Equipment Replacement Fund. The motion carried by unanimous roll call vote. 22 05/19/97 - City Council/Redevelopment Agency Minutes - Page 23 (CITY COUNCIL) REVENUE SHARING AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT AND RECIPROCAL USE AGREEMENT BETWEEN CITY AND HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT FOR USE OF TENNIS COURTS AT OCEAN VIEW HIGH SCHOOL AND FUND APPROPRIATION/INTERFUND LOAN -APPROVED (600.10) The City Council considered a communication from the Community Services Director transmitting legal documentation necessary to implement revenue sharing with the Huntington Beach Union High School District in order to facilitate commercial development and additional recreational facilities on a portion of the Ocean View High School/Wintersburg site. A Revenue Sharing Agreement has been developed which will memorialize the proposed revenue sharing structure. 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 City Administrator's Office titled Huntington Beach Union High School District/City Revenue Sharing Agreement The Assistant City Administrator presented a video report. A motion was made by Garofalo, second Green to approve the following recommended actions: Approve and authorize execution by the Mayor and City Clerk of the Revenue Sharing Agreement between the City of Huntington Beach and Huntington Beach Union High School District for Use of Tennis Courts at Ocean View High School and FundlAppropriationfinterfund Loan. 2. Appropriate $385,000 for the tennis court reimbursement in the form of $130,000 in Unanticipated General Fund fee revenue and an interfund loan of $255,000 from the Traffic Impact Fee Fund to the General Fund with said interfund loan to be repaid on an annual basis from the first $25,000 in increased sales tax revenue from the relocated Home Depot until fully amortized at 6% interest pursuant to Attachment No. 4 in the Request for Council Action dated May 19, 1997. and 3. Approve and authorize the Reciprocal Use Agreement between the city and the Huntington Beach Union High School Distri ' ct for use of the tennis courts at Ocean View High School and authorize its execution by the Mayor and City Clerk. The motion carried by unanimous roll call vote. 23 Page 24 - Council/Agency Minutes - 05/19/97 (REDEVELOPMENT AGENCY) PROFESSIONAL SERVICES CONTRACT - BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND ARTER AND HADDEN, ATTORNEYS AT LAW FOR LEGAL SERVICES - BLOOM V. REDEVELOPMENT AGENCY - APPROVED (600.30) The City Council considered a communication from the City Attorney transmitting a Professional Services Contract between the Redevelopment Agency of the City of Huntington Beach and Arter and Hadden, Attorneys at Law for Legal Services. The City Attorney presented a report. A motion was made by Harman, second Dettloff to approve the following recommended actions: Approve Agreement for Legal Services between the Agency and Arter and Hadden, Attorneys at Law, and authorize its execution by the Chairman, Executive Director and attested by the Clerk. 2. Appropriate $400,000 to pay for services, expert witness fees, and costs. and 3. Approve self -insured retention as reflected on April 17, 1997 ALAS Confirmation of Insurance and delayed submission of additional insured endorsement. The motion carried by unanimous roll call vote. (CITY COUNCIL) ANNOUNCEMENT OF PASSING OF BILL REED, RETIRED CITY PUBLIC INFORMATION OFFICER (120.70) Councilmember Garofalo, with regret, announced the passing of retired Public Information Officer Bill Reed. (CITY COUNCIL) ADOPTION OF ORDINANCE NO. 3355 - DEFERRED TO JUNE 2,1997 - AMENDS CODE TO ALLOW LEGAL ACCESS TO DOG BEACH (640.10) - Adopt 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." (By recommendation of the Police Department Beach Detail Unit and the Marine Safety staff of the Community Services Department, the boundary of "dog beach" is being extended to include the northern curb line of 22nd Street. This extension will permit not only easier access for the public but also legal access to the beach when accompanied by their dogs.) (Ordinance introduction approved May 5, 1997) W, 05/19/97 - City Council/Redevelopment Agency Minutes - Page 25 (CITY COUNCIL) ADOPTION OF ORDINANCE NO. 3356 - DEFERRED TO JUNE 2,1997 - AMENDS CODE TO ALLOW PERSONS TO CARRY ROLLER SKATES, IN -LINE SKATES AND SKATEBOARDS ONTO THE MUNICIPAL PIER (640.10) - Adopt Ordinance No. 3356 - "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." (Ordinance introduction approved May 5, 1997) (CITY COUNCIL) ADOPTION OF ORDINANCE NO. 3358 - DEFERRED TO JUNE 2,1997 - CHANGES ENVIRONMENTAL BOARD MEMBERSHIP FROM FIFTEEN (15) MEMBERS TO NINE (9) MEMBERS (640.10) - Adopt 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." (Public hearing and ordinance introduction held on May 5, 1997) (CITY COUNCIL) ADOPTION OF ORDINANCE NO. 3359 - DEFERRED TO JUNE 2,1997 - ZONING MAP AMENDMENT NO. 95-1 - CENTRAL BAPTIST CHURCH/LIBERTY CHRISTIAN SCHOOL - ZONE CHANGE - NORTHEAST CORNER OF WARNER AVENUE AT NICHOLS STREET (450.20) - Adopt Ordinance No. 3359 - "An Ordinance Of The City Of Huntington Beach Amending The Huntington Beach Zoning And Subdivision Ordinance By Changing The Zoning Designation Frorn RMH (Residential Medium High Density) to PS (Public, Semi -Public) On Real Property Located At The Northeast Comer Of Warner Avenue And Nichols Street (Zoning Map Amendment No. 95- 1). " (Public hearing and Ordinance introduction held on May 5, 1997) (CITY COUNCIL) COMMUNICATION SUBMITTED BY MAYOR BAUER AND COUNCILMEMBER GAROFALO - RECOGNIZING THE EFFORTS OF THE HUNTINGTON YOUTH SHELTER AS OPERATED BY VOLUNTEERS OF AMERICA - RESOLUTION NO. 97-33 - DEFERRED TO JUNE 2,1997 (570.50) Comm u nicatiort-from, Mayor Baue I r �and Councilmember Garofalo dated M8y",l 6,, 1'997 recommending adoption of Resolution No. 97-33 recognizing that the Huntington Youth Shelter and Family Resource Center fulfills a great need for the City of Huntington Beach and its youth and families and will continue to receive the unqualified support by the city that has been a tradition since its founding in 1993. (CITY COUNCIL) KEEPING CITIZENS INFORMED REGARDING FINANCIAL ISSUES THROUGH A LETTER TO ALL RESIDENTS SIGNED BY THE ENTIRE CITY COUNCIL - DEFERRED TO JUNE 2,1997 (100.10) Communication from Councilmember Garofalo recommending that Council consider sending out a letter, postcard, or other type of communication, perhaps with the water bill, that keeps city residents informed on financial issues and also request community feedback. 25 Page 26 - Council/Agency Minutes - 05/19/97 (CITY COUNCIL) FEASIBILITY OF ESTABLISHING A POLICY OF PLACING ALL PUBLIC HEARINGS FIRST ON THE AGENDA - DEFERRED TO JUNE 2,1997 (100.10) Communication from Councilmember Garofalo dated May 16, 1997 regarding the feasibility of establishing a policy of placing all public hearings first on the City Council Agenda. (CITY COUNCIL) ACQUISITION OF BOLSA CHICA MESA BY OUTSIDE THIRD PARTY - DEFERRED TO JUNE 2,1997 (440.60) Communication from Councilmember Harman transmitting a proposed City Council motion regarding acquisition of the Bolsa Chica Mesa by an outside third party. ADJOURNMENT - CITY COUNCIL/REDEVELOPM ENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:55 p.m. to Monday, June 2, 1997 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk 26 45101L� 494�� City CTerk and ex-officio Clerk oFthe City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California A&I "az4Ao-,1 'Ve�yor/Chairman