Loading...
HomeMy WebLinkAbout1997-11-17MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Huntington Beach, California Monday, November 17, 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 is on file in the Office of the City Clerk. Call To Order Mayor Sullivan called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:05 p.m. in Room B-8. City Council/Redevelopment Agency Roll Call Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo (Garofalo arrived 5:07 p.m.) 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 - DISCUSSION AND SELECTION OF AN EXECUTIVE RECRUITMENT FIRM FOR THE RECRUITMENT OF CITY ADMINISTRATOR - SELECTION OF HUGHES, PERRY AND ASSOCIATES APPROVED (600.10) The City Council considered a communication from the Personnel Director transmitting four proposals for the recruitment of a City Administrator. Mayor Pro Tern Dettloff stated the reasons why she is ready to appoint Ray Silver to the position of City Administrator which included stability and continuity for the community relative to city projects. Mayor Pro Tern Dettloff informed Council that she did not believe an executive recruitment firm is necessary thus if Council should select this avenue she would not be participating in interviews between the executive recruitment firm representative and each City Councilmember. 329 Page 2 - Council/Agency Minutes - 11/17/97 Councilmember Garofalo concurred with the appointment of Ray Silver immediately. Councilmember Green informed the Council that his opinion had changed during the past month when he had believed the city should recruit. He stated that Hughes, Perry and Associates had provided many of the current city department heads. He spoke regarding the question of whether it is time for an appointment to be made from within the city. Councilmember Green stated that Ray Silver had hit the ground running and is very positive, even catching up on labor relations issues. Councilmember Julien stated that she is not prepared to select a search firm this evening or to appoint Mr. Silver at this time. Councilmember Harman stated that he thinks very highly of Ray Silver but he believes it is owed to the city to enter the recruitment process. Councilmember Sullivan stated his agreement with the favorable opinion of Ray Silver, however, he is not prepared to appoint him at this time. Mayor Bauer stated that the Council should not be put in the position that if the Council does not vote for the appointment of Mr. Silver tonight that it means the Council does not wish to appoint him, as this is not true; but that the citizens deserve the selection of a recruitment firm for this purpose. A motion was made by Garofalo, second Julien, to defer debate on the selection of an executive recruitment firm for the recruitment of a City Administrator to the first meeting in January. Councilmember Sullivan stated that he believes this motion would just be putting the matter off and is unfair to Mr. Silver. Mayor Pro Tem Dettloff agreed with Councilmember Sullivan and stated that she does not wish a postponement. Councilmember Garofalo withdrew his motion and Councilmember Julien withdrew her second to the motion. A motion was made by Garofalo, second Green to reject all applications from the executive search firms from consideration by Council. The motion carried by the following roll call vote: AYES: Julien, Dettloff, Green, Garofalo NOES: Harman, Sullivan, Bauer ABSENT: None Further discussion was held by Council. A motion was made by Garofalo, second Julien, to reconsider the previous action taken by Council rejecting the applications of the four executive search firms from consideration by Council. The motion carried unanimously. A motion was made by Sullivan, second Dettloff, that the subject of selection of an executive recruitment firm for the recruitment of a City Administrator be placed on the December 1, 1997, agenda. The motion carried unanimously. A motion was made by Harman, second Sullivan, to reconsider the previous action taken to schedule the selection of an executive recruitment firm for the recruitment of a City Administrator to the December 1, 1997, Council meeting. The motion carried unanimously. 330 11/17/97 - City Council/Redevelopment Agency Minutes - Page 3 The City Council discussed the merits of each firm that submitted a proposal. A motion was made by Bauer, second Sullivan, to select Hughes, Perry & Associates to provide executive search services for a City Administrator and to direct the City Attorney to prepare a contract for City Council approval at the December 1, 1997 Council meeting and further, that this decision be announced at the time the item arises later on this meeting's agenda. The motion carried unanimously. MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80) A motion was made by Julien, second Sullivan, to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote. The first listed closed session will be attended by and Peter Brown, Liebert, Cassidy, Frierson, Special Counsel Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City.of Huntington Beach v. State Board of Control; Board of Administration of the Public Employees Retirement System - Orange County Superior Court Case No. 779952. (120.80) 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: MSOA, POA, PMA, MEA, MEO, HBFA, and SCLEA. (120.80) Closed Session - City Council pursuant to Government Code Section No. 54956.8 to give instructions to the city's negotiator, Dan Brennan, Director of Real Estate Services, regarding negotiations with Stephen Barker, Director of Business Operations, McDonnell Douglas Realty Company concerning the purchase of the property located at the northerly 200 feet of parcels 2 and 3 map 93-202 immediately adjacent to 14561 Springdale Street. Instruction will concern: Price. Subject: Acquisition of Site for Peck Reservoir expansion. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(b)(3)(C). to confer with its attorney regarding pending litigation. Subject: FRAPS Liability Claim #96- 027558. (120.80) RECONVENE The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chambers. 331 Page 4 - Council/Agency Minutes - 11/17/97 CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: None PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Julien. LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK Pursuant to the Brown Act (Open Meetings Act), the City Clerk announced the following late communications regarding Agenda Items which had been received following the distribution of the agenda. She announced the availability of these items at her desk and also at her office Tuesday morning. Memorandum from the Economic Development Director dated November 17, 1997, transmitting a new First Amendment to Owner Participation Agreement by and between the Redevelopment Agency of the City of Huntington Beach and Mohammed and Adel Zeidan. Communication from the City Attorney dated November 14, 1997, regarding the Planning Commission recommendations relating to the Sex Oriented Adult Business Ordinance No. 3377 Revised Page No. 6 of proposed Ordinance No. 3377. Communication from the Planning Commission dated November 14, 1997, regarding Zoning Text Amendment No. 97-4, Sex Oriented Adult Business Ordinance No. 3377, transmitting findings for approval. Slide presentation from the Community Development Department regarding the Sex Oriented Adult Business Ordinance No. 3377. Slide presentation from the Economic Development Director dated November 17, 1997, regarding the Orange County Community Housing Corporation Loan Agreement. Communication from the Economic Development Department making a correction to the recommended action on the agenda regarding the Orange County Community Housing Corporation Loan Agreement. The amount should be $380,000 not $490,000. Communications were received from the following persons in support of reduced speed limits on Heil Avenue: Karen Crouse, Brian & Elizabeth Patte, John Luth, Bridget Hardy, Hugo Ruthling and Family, Ken & Allison Justal, Suzanne Granger, Lenore Smith, Joseph Hamilton, Brad Hampton, Helene Lanting, Judith Braddon, Robert & Gertrude Thomas, Carl Cox and a parent of a student at St. Bonaventure. Communication from Martin Senat dated November 14, 1997, relative to proposed Urgency Ordinance No. 3379 in support of the Dog Beach. 332 11/17/97 - City Council/Redevelopment Agency Minutes - Page 5 Communication from Allen Roeder, City Manager of the City of Costa Mesa, dated November 14, 1997, in support of Environmental impact Report for the proposed Santa Ana River Crossings. Communication submitted by Mayor Bauer after posting of the Agenda: Issue regarding Impact on the budget of any increase in employee's salaries and fringe benefits, and regarding presentations of comparative salary and fringe benefit data generated by the League of California Cities and lists by employees of combined salary and fringe benefits; similar to the lists previously given to newspapers and public at large. The City Clerk stated that the Mayor recognizes this will require a vote to determine that the need to take action regarding city employees salary and fringe benefits arose subsequent to the posting of the agenda pursuant to Government Code Section 54954.2(b). PRESENTATIONS - (120.60) From Mayor Bauer and the City Council of proclamations to Dr. Bruce E. Miller, President of Huntington Beach South Stake and Mr. R. Marshall Tanner, President of Huntington Beach North Stake, Church of Jesus Christ of Latter Day Saints, proclaiming the week of November 23-29, 1997 as Family Week. PRESENTATION - (160.40) By Mayor Bauer and the City Council of Certificates to the students who won the Family Week Art Contest held in all Huntington Beach Elementary Schools and sponsored by the Church of Jesus Christ of Latter Day Saints. The winners are: Brennan Hayes, Heidi Hoffman, Clay Rinker and Max Powell. PRESENTATION - (160.40) By Mayor Bauer and the City Council to Mel Roger, President of KOCE, Special Recognition to KOCE for 25 years of service to the residents of Southern California. KOCE is located on the campus of Golden West College. PRESENTATION - (160.40) To Mayor Bauer and the City Council, and Susan Edwards, Human Services Coordinator/Project Self Sufficiency, of a check in the amount of $2,000 for Project Self Sufficiency from Ron Shenkman, Vice President of Rainbow Disposal Company. PRESENTATION - (160.40) Of Mayor's Award by Mayor Bauer and the City Council to Susan Edwards, Human Services Coordinator/Project Self Sufficiency in appreciation of her dedicated service to the city. PUBLIC COMMENTS SCOTT BAUGH, Assemblyman, addressed Council in opposition to sex oriented adult businesses. He spoke in support of proposed Ordinance No. 3378 on which a public hearing is scheduled later in the meeting. He informed Council of pending legislation which should make cities in a better position to regulate such businesses. STAN MOSS, Community Services Commission Chairman, addressed Council in support of the Agenda Item relative to the Removal And Replacement Policy For Park Play Equipment. �*N Page 6 - Council/Agency Minutes - 11/17/97 CAL WINSLOW, addressed Council regarding the progress that the Huntington Youth Shelter is making on the Huntington Beach Pier "Light of Love" Project which is meant to represent an enchanted area of the Municipal Pier for the holiday season. Mr. Winslow thanked the business sponsors in the community for their donations to make this project realized. He stated that the lights were symbolic of what the Huntington Youth Shelter is all about. He informed Council that a lighting ceremony will be held November 29, 1997. Councilmember Garofalo presented a $1500 in donation checks given to this project by three sponsors in the community. MAYOR'S GREETING TO STUDENTS Mayor Bauer stated he wished to take the opportunity to say "hello" to his friends at Hopeview, Eader, Harbor View and Smith Schools. The Mayor stated he had visited the children today and had told them he would give his greetings during the City Council meeting. JAMES BRIDGES, representing Citizen's Bureau of Investigation, spoke in opposition to employee salary raises. He stated that Huntington Beach is not the nation's safest city and that the first year this was announced the city was the fourth dangerous city in Orange County. Mr. Bridges stated that pension spiking is not over as claimed; also that the claim the city is not competitive as to police salaries is incorrect. TOM LOGAN, representing Citizen's Bureau of Investigation, informed Council of the reasons he opposed the recent camp -out held at the City Hall by the police officers. He requested that the lady councilperson who he believes was supported in the 1996 election by so called soft - money independent expenditures from the Police Officers' Association and the Firefighters Association in those association's attempt to co-op the City Council should recuse herself from voting on city employee pay issues especially police related issues. Mr. Logan spoke in opposition to the budget procedure and the salaries and pension fund reporting procedures. BOBBIE ASHURST addressed Council in support of the proposed fines for violators of the rules at "dog beach." She requested that warning signs to the public be posted relative to dogs off leash and signs posted to make it clear that dog owners and not the city have the liability for the actions of their dogs at "dog beach." LISA MCGUIRK addressed Council regarding the problems at "dog beach" which she believes could put the city in a liability situation. She cited the example of a much bigger aggressive dog attacking and killing a small dog at "dog beach". She requested steps including signage be taken to correct problems so that the city can have a safe dog park such as the one in Huntington Central Park. She informed Council that the $60,000 parking meter revenue derived from the meters near "dog beach" be used to clean the garbage washed ashore. She submitted her letter dated November 17, 1997, to the City Council. ANN JEAN SPIEGEL stated that she hoped Council had received her letter dated November 1, 1997, regarding her meeting with Public Works Department staff members Eichblatt and Hidusky. She requested that proposed Ordinance No. 3380 - Changes To City - Wide Speed Limit Ordinance be revised to accord Heil Avenue the same or similar considerations that Main Street has received. She stated that at just about every instant, intersecting streets with Main Street which is a 25, 30 and 35 m.p.h. street have received down 334 11117197 - City Council/Redevelopment Agency Minutes - Page 7 speed designations. She stated except for Saybrook Lane at 35 m.p.h., the following streets have been assigned 40 m.p.h.: Bolsa Chica, Graham, Springdale, Edwards, Goldenwest, Gothard and Beach Boulevard to Newland. She stated that she believes this action by Traffic and Public Works reveals a non -caring attitude towards 3300 elementary school students from four Ocean View Schools, Meadowlark Private School and St. Bonaventure Schools. She stated that there are also 350 single family homeowners along Heil Avenue and over 1500 multiple unit residents and mobile home park residents impacted by Heil Avenue speeds every day of their lives. She requested that Council not approve proposed Ordinance No. 3380; direct staff to lower the speed limit on Heil avenue to 25 m.p.h. and that Springdale Street from Warner Avenue going north to McFadden Avenue be lowered to 35 m.p.h. and that the truck route designation be removed immediately. She stated that she believes the proposed ordinance places the city even further into dangerous liability waters. She presented additional letters to the from persons on the matter. The Mayor spoke regarding his understanding of the state law as it pertains to establishing speed limits. He requested the Police Chief to elaborate on the matter. Police Chief Lowenberg concurred with the Mayors statements. He reported further on the issue, including the 85 percentile, state law, radar use and "pacing" procedure. Councilmember Garofalo inquired of the Police Chief regarding the lack of speed signs on Edwards Street crossing Slater Avenue towards Warner Avenue and continuing north until there is a sign near Edwards and Heil where there is a posted sign of 40 m.p.h. He stated that one must traverse from Talbert Avenue to the intersection of Heil Avenue at Edwards Street and going south almost the same distance. The Police Chief stated that this deficiency would be corrected. He stated that one other very useful tool is the speed radar trailer which helps educate drivers about their speed by just observing the trailer. GERTRUDE THOMAS informed Council that Heil Avenue has become an extremely dangerous street. She stated that she feels that commuters trying to avoid the business traffic and complex intersections on Warner Avenue which slow them down have discovered Heil Avenue as it runs primarily through residential neighborhoods. She spoke regarding the problems this causes citing an example of the difficulty of crossing the street with her grandchildren. She stated that the wider street has taken away the safety; that there is just a lawn between the family bedrooms and the street. She stated a consistent 35 m.p.h. zone for a significant stretch of Heil Avenue would hopefully help avoid tragedy; perhaps from Beach Boulevard to Bolsa Chica Street, which would be the same as is proposed from Bolsa Chica Street to Saybrook Avenue. HUGO RUTHLING spoke regarding the need to reduce the speed on Heil Avenue especially between Bolsa Chica Street and Heil Avenue and Springdale Street and Heil Avenue. He stated that they are speeding 50, 55, 60 and sometimes 70 m.p.h. down the street at a reckless and dangerous speed; that this is a residential area with children playing in the yards, mothers walking on the street with children and is not an area zoned for industry. He spoke regarding his shock to see a truck sticking out of his neighbors house where it had crashed and where his children and wife had been rollerblading on the sidewalk only five minutes previously. He spoke regarding what he believed is the liability to the city. He stated he believes there is lack of enforcement on Heil Avenue and that motorcycle officers should be placed on the street and the corners on different days to catch the speeders. 335 Page 8 - Council/Agency Minutes - 11/17/97 BRUCE SPENCER, Huntington Beach Firefighter, thanked Councilmembers Garofalo and Julien for being brave enough to write a guest column in the Register newspaper regarding employees' salaries. He spoke regarding the city taking away benefits negotiated between the city and employees years ago; benefits that when negotiated in lieu of salary increases did save the city $10-$12 million dollars over a ten year period. He stated that it was a contract signed by Council which the Council is now saying is illegal. TIM GREAVES, Firefighter Association Negotiations Chairman, addressed Council and questioned how it came to be that Council came to disparage employees. He stated with the exception of the PERS enhanced retirement issue he cannot ever remember this occurring. He requested that Council make things right by calling a deal a deal and following through on their recent published statements about getting through the current negotiations process in an honorable fashion. STEVEN SILVER, Attorney at Law, representing various Huntington Beach employees organizations in a law suit initiated by the City relative to PERS addressed Council and questioned why the law suit is necessary. The Mayor informed Mr. Silver of the appropriate time for Council response. Mr. Silver requested that Council honor the promises made to employees. BRANDON REED spoke regarding the need for Council to negotiate in good faith with the city employees. He spoke regarding the deterioration of police officer compensation and loss of police officers positions. He spoke regarding the two police officers recently attacked while in uniform. Mr. Reed stated that the city has paid the law firm of Liebert, Cassidy and Frierson over $1,000,000 to negotiate employee contracts. DEANNA LYNN spoke regarding the impact on her family from lack of reaching settlement on police officer compensation and requested that the police officers be given what they have earned which is a raise in pay. MICHAEL VARDOULIS requested that the citizens of Huntington Beach be given an opportunity to fund the police department on a voluntary basis. GARY BROOKS, police officer, informed Council of the police employees' goal to enhance the quality of life for all persons in the city. He stated in his opinion the police officer salaries listed tonight are in error and presented examples. He requested that Council do its part in concluding the salary negotiations. STEVE GULLAGE informed Council that the Huntington Beach Mobile Home Owners Advisory Board has had a vacancy for the past three months. He stated there was disagreement between Council liaison members Green and Sullivan as to whom to appoint. Mr. Gullage informed Council that because one applicant may have a conflict of interest, the matter has been referred to the City Attorney's Office. He stated that the City Attorney's office has made unwarranted delays in this matter. City Attorney Hutton reported that the opinion of her office was released about ten days ago. She stated that a person could not be on more than one city board. KND 11/17/97 - City Council/Redevelopment Agency Minutes - Page 9 Economic Development Director Biggs reported that this item would appear on the December 1, 1997, agenda. JOHN SCOTT, representing the Southeast Huntington Beach Neighborhood Association, spoke regarding Council's past unanimous vote against building a bridge at the end of Banning Street across the Santa Ana River as well as at the end of Garfield Avenue across the Santa Ana River. He stated the Board of Supervisors had also voted in opposition and had requested that alternatives be found by their staff. He stated that the first alternative proposed was the same bridge - just landing at different spots on each side of the River. He stated four years later the bridge is still with us. He stated that he hoped the Banning Bridge would go away through the Negative Declaration process as did the bridge planned on the Master Plan of Arterial Highways for the end of Atlanta Avenue. Mr. Scott stated his support for the item on the agenda relative to the selection of a firm to perform an environmental impact report on building of bridges across the Santa Ana River. RAY GOULETTE distributed a packet of material to the City Council regarding the agenda item pertaining to the house on Morris Circle. He spoke regarding the health and safety hazard from the condition of the house. He stated that there has not been action from the city or from the County Board of Supervisors and as a result the neighbors have gone to court. Mr. Goulette stated that the city had also gone to court on this issue. He requested that the city step in and look at health, safety and fire issues. ANDY OWENS stated that he lives behind the house on Morris Circle. He stated that he believes the storage in the dwelling coupled with exposed wiring and rats make for something that could turn into a fire. He stated that there must be some action taken to have this property fixed. He stated that the Council is in a stronger position than are the neighbors. Mr. Owens informed Council of the procedure whereby the civil code of procedure allows investigations. DAVID FLYNN informed Council that the media has contacted him regarding the house on Morris Circle that is a problem. He spoke regarding the need to get a search warrant and a remedy to this situation. Mr. Flynn stated that he believed it will be determined to be negligence on behalf of the city not to fix this problem. He spoke regarding the urgency of the matter. The City Attorney requested information from Mr. Flynn regarding photos that were presented to her office. He stated he would provide the name of the neighborhood's attorney to the City Attorney's office tomorrow morning. (CITY COUNCIL) PUBLIC HEARING - INTRODUCTION OF ORDINANCE NO. 3378 - SEX ORIENTED (ADULT) BUSINESS ORDINANCE - ZONING TEXT AMENDMENT NO. 97-4 - DEFERRED - PUBLIC HEARING CLOSED WITH DECISION DEFERRED TO DECEMBER 1, 1997 (640.10) Mayor Bauer announced that this was the meeting set for a public hearing to consider the following: APPLICANT: City of Huntington Beach 337 Page 10 - Council/Agency Minutes - 11/17/97 APPLICATION NO: Zoning Text Amendment No. 97-4 LOCATION: Industrial Districts within the City of Huntington Beach which meet the locational criteria. The industrial zoning districts include; Industrial Limited (IL) and Industrial General (IG). REQUEST: The proposed amendment to the zoning ordinance will remove sex oriented (adult) businesses from the Commercial Districts and allow sex oriented (adult) businesses in the General Industrial (IG) and Limited Industrial (IL) Districts. The proposed amendment will also require sex oriented (adult) businesses to be at least 1,000 feet from any other sex oriented (adult) business, 500 feet from any school (public or private), religious assembly (church), park & recreational facility, any parcel zoned Residential Low (RL), Residential Medium (RM), Residential Medium High (RMH), Residential High (RH), or Manufactured Home Park (RMP). The specific Chapters of the Huntington Beach Zoning and Subdivision to be amended are as follows: 1. To amend Chapter 204, Use Classifications, Section 104.10, Commercial Use Classifications, by deleting A. Adult business: 2. To amend Chapter 204, Use Classifications, Section 204.10, Commercial Use . Classifications, by adding Z. Sex Oriented Businesses 3. To amend Chapter 211, Commercial Districts, Section 211.04, Commercial Uses, by deleting Adult Businesses (excluding massage establishments) and Adult Businesses (massage establishments). The proposed amendments will exclude sex oriented (adult) businesses in the Commercial Districts and will classify existing sex oriented (adult) businesses in the Commercial Districts as non -conforming. 4. To amend Chapter 212, Industrial Districts, Section 212.04, Commercial Uses, by adding Sex Oriented Business. 5. To amend Chapter 231, Off -Street Parking and Loading Provisions, Section 231.04, Off -Street Parking and Loading Spaces Required. 6. To amend Chapter 236, Nonconforming Uses and Structures. ZONE: Industrial Districts within the City of Huntington Beach which meet the locational criteria. The industrial zoning districts include; Industrial Limited (IL) and Industrial General (IG). ENVIRONMENTAL Status: The proposed Zoning Text amendment is categorically exempt pursuant to Class 20, Section 15321 of the California Environmental Quality Act as amended by City Council Resolution No. 4501 passed and adopted August 1, 1997. COASTAL STATUS: Not applicable The Community Development Director introduced Senior Planner Herb Fauland who presented a staff report using slides. Mayor Bauer declared the public hearing open. 338 11/17/97 -City Council/Redevelopment Agency Minutes -Page 11 Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. The following late communications had been announced earlier in the meeting by the City Clerk. She again announced the communications for the record. Communication from the City Attorney dated November 14, 1997, regarding the Planning Commission recommendations relating to the Sex Oriented Adult Business Ordinance No. 3377 Revised Page No. 6 of proposed Ordinance No. 3377. Communication from the Planning Commission dated November 14, 1997, regarding Zoning Text Amendment No. 97-4, Sex Oriented Adult Business Ordinance No. 3377, transmitting findings for approval. Slide presentation from the Community Development Department regarding the Sex Oriented Adult Business Ordinance No. 3377. BOB BIDDLE, representing Huntington Beach Tomorrow, stated that their organization supports the regulations for Sex Oriented Businesses. He stated that provisions supported by Huntington Beach Tomorrow include a 1000 foot buffer area and conditions for the signage. Mr. Biddle stated that the Planning Commission did not vote against all signs; only unattached signs. G. RANDALL GARROU, Attorney At Law, representing an adult business applicant, presented a communication from the law offices of Weston, Garrou & DeWitt dated November 17, 1997, Subject: Suggested Revision To Proposed Ordinance No. 3377 In Light Of Pending Litigation In Talbert And Beach Inc., V. City Of Huntington Beach, U.S. District Court No. SA C V 96-969 AHS. He presented reasons why he believed the ordinance should not be adopted, including that it will not meet constitutionality provisions. He requested that the matter be delayed until the Council and City Attorney can review his communication. There being no one further to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. The City Attorney, at the request of Councilman Garofalo, reported on the amortization issue. The City Attorney at the request of Mayor Pro Tem Dettloff clarified her communication of November 14, 1997, regarding the Planning Commission's changes. JENNIFER MGGRATH, Deputy City Attorney, spoke regarding the proposed ordinance as it pertains to buffer distances and other aspects of the proposed ordinance. Discussion was held between Councilmember Garofalo, Deputy City Attorney McGrath, City Attorney Hutton and the Community Development Director regarding aspects of the proposed ordinance, including nonconforming uses, amortization issues and signing. In response to Council, the City Attorney stated that she would appreciate the opportunity to review the communication submitted by Mr. Garrou. 339 Page 12 - Council/Agency Minutes - 11/17/97 JANET LA RUE, Senior Counsel, West Coast Office, National Law Center For Children and Families, stated that based on California law she believes the amortization period is more generous than the city needs to provide. She informed Council that there are two court cases in this regard and addressed one case. Ms. La Rue stated the reasons why the company would have extreme problems to prove hardship as they knew about the proposed ordinance prior to initiating the application and they have not started their process. In response to Mayor Bauer, Ms. La Rue stated her opinion regarding the original ordinance as proposed by staff, the modifications proposed by the Planning Commission and her opinion regarding the signage issue. At the request of Councilmember Garofalo, Mr. Garrou responded to points expressed by Ms. La Rue as well as speaking on other aspects of the proposed ordinance. A motion was made by Garofalo, second Green, to continue decision on Introduction of Ordinance No. 3378 - Sex Oriented Adult Business Ordinance - Zoning Text Amendment 97-4 to December 1, 1997 and request the City Attorney to return to Council with the final analysis of her recommendations. JANET LA RUE, 'at the request of Council, stated her differences with the statement made by Mr. Garrou regarding the court case she had cited. She stated she believes the Council is on sound constitutional grounds relative to the proposed ordinance. She responded to Councilmember Sullivan regarding the reason why she believed the city is on good constitutional grounds relative to not having any signs at all visible from an arterial street. She stated the reasons which should be included in the record. Discussion was held between Mayor Pro Tem Dettloff and City Attorney Hutton regarding the feasibility of acting on the matter now or continuing the decision. The motion made by Garofalo, second Green, carried unanimously. (CITY COUNCIL) SPECIALLY NOTICED HEARING - GOLDENWEST STREET RIGHT-OF- WAY WIDENING BETWEEN ELLIS AND CLAY AVENUES - ACQUISITION OF PROPERTY BY EMINENT DOMAIN - HOLLY-SEACLIFF DEVELOPMENT AREA - RESOLUTION OF NEED AND NECESSITY NO. 97-79 - ADOPTED - APN 110-210-06 - WEST SIDE OF GOLDENWEST STREET - SOUTH OF ELLIS AVENUE (SCHUESLER) (650.50) The City Council considered a communication from Administrative Services Director Franz transmitting Resolution of Need and Necessity No. 97-79 pertaining to the acquisition of property necessary to the widening of Goldenwest Street between Ellis Avenue and Clay Avenue. Mayor Bauer announced the following procedure. This agenda item is a special noticed hearing held under Code of Civil Procedure Section 1245.235. 340 11/17/97 - City Council/Redevelopment Agency Minutes - Page 13 2. The subject matter of this noticed hearing is limited to the following items: A. Whether the public interest and necessity require the proposed project, which is the widening of Goldenwest Street between Ellis and Garfield Avenues in the City of Huntington Beach. B. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. C. Whether the property described in the resolution is necessary for the proposed project. 3. The amount of compensation is not at issue during this noticed hearing. It will be decided by the courts at a later date, should the resolution be adopted. 4. A two-thirds majority is required to adopt the resolution. 5. Only those persons who have previously requested to appear and be heard, under Code of Civil Procedure Section 1245.235, shall be heard at this time. The Deputy City Administrator -Administrative Services Director presented a staff report. Mayor Bauer declared the hearing open. City Clerk Brockway announced that the following communications from Mary and John Schuesler dated November 3, 1997, October 22, 1997, and October 10, 1997 had been provided to the City Council. She informed Council that Mr. And Mrs. Schuesler had phoned her office and informed a Deputy City Clerk that they were not able to attend this hearing. There being no testimony the Mayor closed the hearing. A motion was made by Harman, second Sullivan, to Adopt Resolution No. 97-79 - "A Resolution of the City Council of the City of Huntington Beach Declaring the Public Interest and Necessity of Acquisition of Portions of Property Located on Goldenwest Street in the City of Huntington Beach, California, Identified as Assessor's Parcel No. 110-210-06, for the Purposes of Conducting Roadway Improvements." The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) UPDATE ON ZAGUSTIN HOUSE ON MORRIS CIRCLE (420.20) The City Council considered a communication from the Mayor presenting an update on the Zagustin House on Morris Circle. 341 Page 14 - Council/Agency Minutes - 11/17/97 Community Development Director Fallon reported on the Community Development Department involvement since 1984 on this matter. She spoke regarding the city's current efforts including using the assistance of the homeowners to get the property cleaned. Discussion was held between the Council and City Attorney regarding procedural aspects of the matter. Mayor Bauer requested the Community Development Director to obtain information from the City of Long Beach regarding this type of problem as he believes there is information available in this regard. A motion was made by Bauer, second Dettloff, to direct the City Attorney to make contact with the City of Long Beach to determine what are their ordinances regarding matters of this kind; that if even any improvement can be made, a request for legal services be submitted to the City Attorney's Office. The motion carried unanimously. A motion was made by Bauer, second Garofalo, directing that within the next week, the City Attorney gather available facts and proceed to court for a search warrant. The City Attorney stated that it would have to be her decision based on an evaluation of the facts. The Mayor stated that he believed a judge should be the one to make this decision. The motion made by Bauer, second Garofalo, carried unanimously. MR. FLYNN addressed Council regarding the difficulties involved in the matter of the house on Morris Circle. He spoke regarding the owner's responsibility in this matter. Mr. Flynn stated they were asking for the city to allow the judge as an observer to accompany the city's code enforcement officer. CONSENT CALENDAR - ITEMS REMOVED The following items were removed from the Consent Calendar for separate consideration. (City Council) Approve ATM (Automated Teller Machine) At The Central Library And Cultural Center - Goldenwest Street/Talbert Avenue - (600.10) (City Council) Approve Removal And Replacement Policy For Park Play Equipment - (920.40) (Redevelopment Agency) Approve Amendment No. 1 To The Owner Participation Agreement (OPA) 126 Main Street (Standard Market) - Mohammed And Adel Zeidan - Modification Of Insurance Requirements & Plan Submittal Date - 126 Main Street - (600.30) 342 11/17/97 - City Council/Redevelopment Agency Minutes - Page 15 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/REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of October 20, 1997, and November 3, 1997, Special Meeting of October 20, 1997, and adjourned regular meetings of October 23, 1997 and October 27, 1997 as written and on file in the Office of the City Clerk. (CITY COUNCIL) APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS & ASSOCIATES - WATERFRONT EXPANSION DEVELOPMENT PROJECT - PACIFIC COAST HIGHWAY & HUNTINGTON STREET - (600.10) Approved and authorized execution by the Mayor and City Clerk the Professional Services Contract between the City of Huntington Beach and Psomas and Associates for Project Coordination Services Related to the Waterfront Expansion Development Project for project coordination services. (CITY COUNCIL) REJECTED BIDS AND REQUESTED PERMISSION TO RE -ADVERTISE SEWER RE -LAY PROJECT; CC-1033 - S/E BANNING AVENUE - BUSHARD STREET - (600.05) 1. Rejected the two bids submitted for the construction of the Sewer Re -Lay Improvement Project for the neighborhood southeast of Banning Avenue and Bushard Street; CC-1033, directed the City Clerk to return all bid bonds; and 2. Authorized the Public Works Director to re -advertise in spring 1998, for bids with a refined bid package for the construction of the project. (CITY COUNCIL) ADOPTED RESOLUTION NO. 97-78 APPROVING A SIDE LETTER BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES ASSOCIATION (MEA) REGARDING BLOCK MASONRY WORKER - (720.20) Adopted Resolution No. 97-78 - "A Resolution of the City of Huntington Beach Approving and Implementing a Side Letter of Agreement with the Huntington Beach Municipal Employees Association. " approving the Side Letter and Grievance Settlement between the City of Huntington Beach and the Municipal Employees Association (MEA) (Re: Block Masonry Worker). (CITY COUNCIL) CONSENT FOR PENDING SALE BY PLC LAND COMPANY OF PROPERTY APPROXIMATELY SIX ACRES AT MAIN STREET & PROMENADE PARKWAY KNOWN AS BEACH TERRACES TO THE PROMENADE AT SEAGATE, L.L.C. - ASSESSOR'S PARCEL NOS. 159-311-23, 153-471-01-05 IN THE HOLLY SEACLIFF DEVELOPMENT AGREEMENT AREA - APPROVED - (600.10) - 1. Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approved the request by PLC Land Company for the City Council to provide consent for the pending sale of the property known as Beach Terraces to The Promenade at Seagate, LLC; and 2. Authorized the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights, 343 Page 16 - Council/Agency Minutes - 11/17/97 Duties and Obligations by and between the City of Huntington Beach, The Promenade at Seagate, L.L.C. and PLC. (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GENERAL LEARNING CLIMATES, INC. TO CREATE THE HUNTINGTON BEACH COLLABORATIVE FOR NETWORKING OF RESOURCES AND SERVICES TO ORGANIZE THE COMMUNITY - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS & WAIVER OF PROFESSIONAL LIABILITY INSURANCE - (600.10) 1. Approved the Professional Services Contract between the City of Huntington Beach and General Learning Climates, Inc. to Formulate a Collaborative a community outreach effort to create a networking of resources and services to organize the community in the amount of $30,000, including the provision to increase the contract by $10,000 given City Administrator's approval; and 2. Waived the professional liability insurance requirements as recommended by the Settlement Committee. (CITY COUNCIL) APPROVED APPOINTMENT OF COMMUNITY SERVICES COMMISSIONER - TO REPRESENT COASTLINE COMMUNITY COLLEGE DISTRICT - ALBERT GASPARIAN - (110.20) Approved the recommendation of City Council liaisons Dave Garofalo and Dave Sullivan to appoint Albert Gasparian to serve as the Coastline Community College District representative on the Community Services Commission as requested by Dr. Kenneth D. Yglesias, President of Golden West College. (CITY COUNCIL) APPROVED APPOINTMENTS TO THE ALLIED ARTS BOARD - PATRICIA GRAFF-FALZON - MILLY BLOCK - CATHERINE STIP - (110.20) Approved the appointments of Patricia Graff -Falzon, Molly Block and Catherine Stip to the Allied Arts Board with terms to expire on June 30, 2001. (CITY COUNCIL) APPROVED THE RELEASE OF THE GUARANTEE & WARRANTY BOND FOR TRACT NO. 14042 - PACIFIC COAST HOMES - S/O EVENING HILL DRIVE - W/O GOLDENWEST STREET (426.60) - 1. Released Guarantee and Warranty Bond No. 8581-M; (Pacific States Casualty Company) the security furnished for guarantee and warranty of improvements; and 2. Instructed the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the bonding company of this action. (CITY COUNCIL) APPROVED RELEASE OF THE GUARANTEE & WARRANTY BOND FOR TRACT NO. 14319 - PACIFIC COAST HOMES - S/O EVENING HILL DRIVE - W/O GOLDENWEST STREET (420.60) - 1. Released Guarantee and Warranty Bond No. 8583-M from (Pacific States Insurance Company); and 2. Instructed the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the Bonding Company of this action. (CITY COUNCIL) APPROVED OF ANNUAL PROFESSIONAL SERVICE CONTRACT TO PERFORM WATER QUALITY ANALYSES FOR WATER SYSTEM - TRUESDAIL LABORATORIES INC. (600.10) 1. Approved the selection of Truesdail Laboratories, Inc., in an amount not to exceed $40,000.00 for the Fiscal Year 97/98 contract; and 2. Authorized the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and Truesdail Laboratories, Inc. to provide Water Quality Analyses Services. 344 11/17/97 - City Council/Redevelopment Agency Minutes - Page 17 (REDEVELOPMENT AGENCY) APPROVED AMENDMENT NO. 4 TO THE AGREEMENT FOR LEGAL SERVICES BETWEEN THE REDEVELOPMENT AGENCY AND LEWIS, D'AMATO, BRISBOIS & BISGARRD - BLOOM CASE - (600.30) Approved and authorized execution by the Chairman and Clerk of Amendment No. 4 to Agreement between the Redevelopment Agency of the City of Huntington Beach and Lewis D'Amato, Brisbois & Bisgarrd for Legal Services for Bloom v. Redevelopment Agency of the City of Huntington Beach in connection with the litigation of the lawsuit entitled Bloom v. City of Huntington Beach and Redevelopment Agency of the City of Huntington Beach. (CITY COUNCIL) APPROVAL OF ATM (AUTOMATED TELLER MACHINE) AT THE CENTRAL LIBRARY AND CULTURAL CENTER - GOLDENWEST STREET/TALBERT AVENUE - DEFERRED TO DECEMBER 1, 1997 - (600.10) The City Council considered a communication from the Library Services Director requesting approval of a license agreement between the City and Downey Savings and Loan for.an ATM machine at the Central Library. Councilmember Green stated his concern relative to the revenue derived from the ATM machine being placed in the Library Services Fund Account. He stated that he believes a policy should be established as to where revenues from such sources should be placed. Jan Halvorsen, Library Services Manager, reported. Acting City Administrator Silver stated that he would like to report back on the issue of formulating a policy in this regard. A motion was made by Green, second Garofalo, to defer the proposed License Agreement between the City and Downey Savings and Loan for an ATM machine at the Central Library to the Council meeting of December 1, 1997. The motion carried unanimously. (CITY COUNCIL) APPROVED REMOVAL AND REPLACEMENT POLICY FOR PARK PLAY EQUIPMENT - (920.40) The City Council considered a communication from the Community Services Director requesting approval of the Removal And Replacement Policy For Park Play Equipment. The Community Services Director reported on questions from Councilmember Garofalo regarding the item, including timeliness and choosing of replacement equipment. He spoke regarding the work of the Community Services Commission on this subject. Councilmember Garofalo stated that he believed the brakes should be placed on the development of parks and that funds in lieu of park dedication be the policy. He questioned whether fund raising had been attempted. The Community Services Director reported on these issues. Mayor Bauer stated that perhaps it is time to discuss whether land should be acquired or instead money put into repairs. 345 Page 18 - Council/Agency Minutes - 11/17/97 Mayor Pro Tern Dettloff spoke regarding the importance of community input on any change in policy as to the ceasing of acquisition of land for parks and obtaining funds in lieu thereof. A motion was made by Garofalo, second Sullivan to approve the following action: 1. Remove potentially unsafe play equipment in Huntington Central, Hawes, Lake View, LeBard, Marina, Schroeder, Seabridge, Wardlow and Worthy Parks as presented in Attachment No. 1 to the Request for Council Action dated November 17, 1997; and 2. Approve the short and long term policies to address Consumer Products Safety Commission (CPSC) guidelines and Americans with Disabilities Act (ADA) for replacement of play equipment in city parks as presented in Attachment No. 2 to the Request for Council Action dated November 17, 1997. The motion carried by unanimous roll call vote. (REDEVELOPMENT AGENCY) APPROVED AMENDMENT NO. 1 TO THE OWNER PARTICIPATION AGREEMENT (OPA) 126 MAIN STREET (STANDARD MARKET) - MOHAMMED AND ADEL ZEIDAN - MODIFICATION OF INSURANCE REQUIREMENTS & PLAN SUBMITTAL DATE - 126 MAIN STREET - (600.30) The City Council considered a communication from Economic Development Director Biggs recommending approval of Amendment No. 1 to the Owner Participation Agreement between the Redevelopment Agency and Mohammed and Adel Zeidan. Economic Development Director Biggs reported on the status of the project. He stated that the insurance is not yet in place and that the Zeidans' have not received payment because insurance is not in effect. DICK HARLOW, representing the Zeidans, responded to Councilmember Harman's questions regarding why it has taken so long for the Zeidans to acquire an architect. He spoke regarding the insurance issue. A motion was made by Sullivan, second Dettloff, to 1. Approve First Amendment to Owner Participation Agreement by and between the Redevelopment Agency of the City of Huntington Beach and Mohammed and Adel Zeidan; and 2. Direct the Agency Chairperson, Agency Clerk, and Agency Executive Director to execute this Amendment, the original OPA and the Restrictive Covenants when signed by the participants and notarized, then record with the County Recorder. The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan, Green, NOES: None ABSENT: Julien, Garofalo (Absent from room) (CITY COUNCIL/REDEVELOPMENT AGENCY) APPROVED LOAN AGREEMENT WITH ORANGE COUNTY COMMUNITY HOUSING CORPORATION (OCCHC) - ACQUISITION & REHABILITATION OF 17291 & 17351 KOLEDO LANE (600.30) The City Council considered a communication from the Economic Development Director regarding the HOME Investment Partnership Program Loan Agreement between the 346 11/17/97 - City Council/Redevelopment Agency Minutes - Page 19 Redevelopment Agency and Orange County Community Housing Corporation (OCCHC) which will provide $348,000 in HOME funds for the acquisition and rehabilitation of 17291 and 17351 Koledo Lane Affordable Housing Agreement, Loan Agreement by and between the Redevelopment Agency of the City of Huntington Beach and the Orange County Community Housing Corporation Concerning the Acquisition and Rehabilitation of Affordable Housing on Koledo Lane with Funds Obtained from the Home Investment Partnership Program. Economic Development Director Biggs presented a staff report. A motion was made by Dettloff, second Harman, to approve the following actions: City Actions: Approve $120,000 in CDBG funds for the rehabilitation of 17291 and 17351 Koledo Lane. and 2. Waive the city's insurance requirements for purposes of approving the Agency loan agreement only. Direct staff to ensure that the minimum insurance requirements are met by OCCHC by the close of escrow. Redevelopment Agency Action: Approve and authorize execution by the Mayor and City Clerk of Affordable Housing Agreement, Loan Agreement by and between the Redevelopment Agency of the City of Huntington Beach and the Orange County Community Housing Corporation concerning the Acquisition and Rehabilitation of Affordable Housing on Koledo Lane with Funds Obtained from the Home Investment Partnership Program for $380,000 in HOME Investment Partnership funds for the acquisition and rehabilitation of 17291 and 17251 Koledo Lane. and 2. Approve and authorize execution and recordation by the Agency Chairman and Clerk of the entire loan agreement and all attachments after execution by OCCHC. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green NOES: None ABSENT: Garofalo, Julien (Absent from room) 347 Page 20 - Council/Agency Minutes - 11/17/97 (CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3377 AMENDING H.B.M.C. CHAPTER 5.48 REGULATION OF TAXI CABS AND VEHICLES FOR HIRE - ADOPTED RESOLUTION NO. 97-76 ADOPTING RATES OF FARE AND REGULATIONS PERTAINING TO TAXI CABS AND VEHICLES FOR HIRE - APPROVED INTER -AGENCY AGREEMENT WITH THE ORANGE COUNTY TAXI ADMINISTRATION PROGRAM (OCTAP) (600.25) The City Council considered a communication from Police Chief Lowenberg regarding the Orange County Taxi Administration Program (OCTAP) a joint effort with other cities in Orange County to draft a model ordinance regulating taxicabs operating within the county. The intent of this model ordinance is to establish a set of policies, procedures, standards and rules with respect to the administration and regulation of taxicab transportation services within the participating cities in the County. OCTAP will conduct investigations on each taxicab company and the issuance of permits to drivers. At the conclusion of OCTAP's investigation, approval will be issued permitting the company and driver permission to conduct business in the city. Police Chief Lowenberg presented a staff report. A motion was made by Harman, second Green, to approve the following recommended actions: 1. Approve introduction of Ordinance No. 3377, after City Clerk reads by title, amending Chapter 5.48 of the Huntington Beach Municipal Code pertaining to the regulation of taxi cabs and vehicles for hire - "An Ordinance of the City of Huntington Beach Amending Chapter 5.48 of the Huntington Beach Municipal Code Pertaining to the Regulation of Taxi Cabs and Vehicles for Hire." 2. Adopt Resolution No. 97-76 - "A Resolution of the City Council of the City of Huntington Adopting OCTAP Rates of Fare and Regulations Pertaining to Taxicabs and Vehicles for Hire." adopting OCTAP Rates of Fare and Regulations pertaining to Taxicabs and Vehicles for Hire; 3. Approve and authorize the Mayor and City Clerk to execute the Orange County Taxi Administration Program (OCTAP) Inter -Agency Agreement. The motion carried by the following roll call vote: AYES: Julien, Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) ORDINANCE NO. 3360 - ADOPTED - ZONING TEXT AMENDMENT NO. 95-6 - SIGN CODE REWRITE - (420.35) The City Council considered adoption of Ordinance No. 3360 - Zoning Text Amendment No. 95-6 - Sign Code Rewrite. 348 11/17/97 - City Council/Redevelopment Agency Minutes - Page 21 A motion was made by Sullivan, second Green, to adopt Zoning Text Amendment No. 95-6 and Ordinance No. 3360, Attachment No. 1 to the Request for Council Action dated November 3, 1997 after a second reading by title by the City Clerk - "An Ordinance of the City of Huntington Beach Amending the Zoning and Subdivision Ordinance by Amending Chapter 233 thereof Relating to Signs." The motion carried by the following roll call vote: AYES: Julien, Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (CITY COUNCIL) INTRODUCTION OF ORDINANCE NO. 3380 - APPROVED AS AMENDED TO DELETE HEIL AVENUE - CHANGES TO CITY WIDE SPEED LIMIT ORDINANCE ON STREETS & HIGHWAYS (580.60) The City Council considered approval of Introduction of Ordinance No. 3380 - Changes To Citywide Speed Limit Ordinance On Streets and Highways. The Public Works Director presented a staff report referring to the discussion held by Council and Police Chief Lowenberg earlier in the meeting during the public comments period regarding issues relative to traffic radar enforcement. Traffic Engineer Otterson reported on the process used to discuss changes to city-wide speed limits on which staff presents the subject to Council annually. He spoke regarding the Chapter in the State Manual called the Traffic Manual and the brief section in the California Vehicle Code. He stated that the Public Works Department follows the procedures exactly by the book so that the police officers when they are in court defending the speeding tickets that they write stand a chance of having them upheld by the judges in West Court. He stated that the judges in West Court are very familiar with this process and scrutinize what the city does quite closely. He reported on provisions of the Law and the work involved by the Public Works Department. He spoke regarding the packet of information presented by the Citizens. He stated that in general the city has been able to lower speed limits in the city on a city-wide basis. He spoke regarding the speed limits on Heil Avenue stating that most of Heil Avenue is posted at 45 m.p.h. and that the proposed ordinance would lower six segments from 45 m.p.h. to 40 m.p.h. Acting City Administrator Silver stated that he had asked the Police Department to review ordinances which change citywide speed limits prior to presentation to the City Council. Councilmember Garofalo stated that the intersection of Heil Avenue and Edwards Street is a concern he is still focusing on; that the 85 percentile is only one aspect of three aspects used to measure the criteria there. He spoke regarding this intersection stating it is in litigation now. He stated he believes the speed limit should be reduced one more notch to 35 m.p.h. to see if it would save a life in the next year or two. He requested that some way be developed, for a year, to lower the speed limit in that area to see if it has any effect on accidents at all. Krv, Page 22 - Council/Agency Minutes - 11/17/97 Mayor Pro Tern Dettloff spoke regarding impacts of people who access Heil Avenue in great numbers; that it is just not the traffic on Heil Avenue. She referred to there being homes fronting this street and also church parking. She stated she wants to see a solution to try, however does not want to worsen the situation by taking away one of the resources the police have for controlling the traffic there. She inquired of Traffic Engineer Otterson as to how the city is allowed to reduce the speed from 45 m.p.h. to 40 m.p.h. and is it allowed to reduce it another notch. Traffic Engineer Otterson reported on the latitude he is allowed in this regard. Police Chief Lowenberg reported at the request of Mayor Pro Tem Dettloff on the use of radar. He recommended an increase in radar enforcement on Heil Avenue in an effort to bring the speed limit down during the next survey. Traffic Engineer Otterson responded to Councilmember Julien regarding whether the type of area — residential vs commercial is a factor in determining the speed limit. He reported regarding other factors involved. Councilmember Garofalo spoke regarding the types of accidents and the seriousness of the accidents at this intersection. He stated that he was ready to make a motion to approve the ordinance with the exception to make Heil Avenue 35 m.p.h. The Public Works Director requested that the Council allow the Department of Public Works and Police Department to discuss these issues to determine if they can return with a recommendation that is more acceptable to Council and also would be supportable through the enforcement efforts. Councilmember Garofalo concurred. Councilmember Harman inquired as to what the speed limit procedure will be for the new Summit Street which area is about ready to have homes occupied. Traffic Engineer Otterson reported he stated that he did not believe Summit Street should be included in this ordinance and explained the procedure used in this case as well as on the new section of Gothard Street. A motion was made by Garofalo , second Sullivan to approve introduction of Ordinance No. 3380 as amended to delete Heil Avenue at this time and that Heil Avenue will return to Council at a future meeting. Following a reading by title by the City Clerk of Ordinance No. 3380, as amended to remove Heil Avenue - "An Ordinance of the City of Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code Pertaining to Speed Limits On City Streets." the motion carried by the following roll call vote: AYES: Julien, Harman, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None 350 11/17/97 - City Council/Redevelopment Agency Minutes - Page 23 (CITY COUNCIL) URGENCY ORDINANCE NO. 3379 - DEFERRED TO LATER DATE - ESTABLISHING A ZERO TOLERANCE ENFORCEMENT POLICY ON DOG BEACH - (640.10) The City Council considered a communication from the Community Services Director transmitting proposed Urgency Ordinance No. 3379 which would establish a zero tolerance enforcement policy on Dog Beach. Community Services Director Hagan presented a staff report. In response to Councilmember Green he stated that staffs biggest concern is the feces runoff from the Bluff Top park area. Considerable discussion was held between the Community Services Director and Councilmember Garofalo. Councilmember Garofalo read from a communication in the Council packet from Police Captain Chuck Poe which refers to the problem of dog feces at the dog beach, parking lots, bike paths and grass areas on the bluffs overlooking the dog beach, as well as other problems involved. Following discussion, a motion was made by Garofalo second Green to direct the City Administrator to review proposed Ordinance No. 3379 and at his pleasure return to Council with alternative actions and funding sources to help this segment of the community and to have it cost-effective. Considerable discussion was held regarding the scope of the problem. The motion made by Garofalo second Green carried by unanimous vote. (CITY COUNCIL) DISCUSSION RE: SELECTION OF A FIRM TO DO AN ENVIRONMENTAL IMPACT REPORT (EIR) - BUILDING OF BRIDGES ACROSS THE SANTA ANA RIVER - STAFF RECOMMENDATION APPROVED - (120.90) The City Council considered a communication from Mayor Bauer dated November 5, 1997 regarding the selection of a firm to do an Environmental Impact Report (EIR) concerning the building of bridges across the Santa Ana River. The communication informed Council that cities of Costa Mesa and Newport Beach, along with the Orange County Transit Authority, are funding a study and since Huntington Beach is impacted by this type of study, it is suggested that to have a voice we participate financially in the EIR. A reporfifia& been requested of staff to determine what our city's fair participatory share should be and provide the City Council with that information. Mayor Bauer presented a report including the history of the matter. A motion was made by Green, second Bauer, to direct staff to return with information regarding the appropriate amount of funds for the City's share of participation in the preparation of the Environmental Impact Report relative to the building of bridges across the Santa Ana River. The motion made by Green, second Bauer, carried unanimously. 351 Page 24 - Council/Agency Minutes - 11/17/97 (CITY COUNCIL) REPORT ON THE SELECTION OF HUGHES, PERRY & ASSOCIATES AN EXECUTIVE RECRUITMENT FIRM FOR THE RECRUITMENT OF CITY ADMINISTRATOR (600.10) The Mayor reported that at the study session held during the earlier portion of the City Council meeting the City Council had approved a motion to select the.firm of Hughes, Perry & Associates to serve as the recruitment firm for a City Administrator. MAYOR BAUER'S COMMUNICATION RECEIVED AFTER POSTING OF THE CITY COUNCIL AGENDA REGARDING THE IMPACT OF EMPLOYEES SALARY INCREASES ON CITY BUDGET Mayor Bauer informed the City Council that due to the lateness of the hour he would defer to the next agenda, his communication regarding the impact of the budget on employees salaries and fringe benefits and the presentation to the City Council of comparative salaries and benefits. Adjournment - City Council/Redevelopment Agency The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:45 p.m. to Monday, December 1, 1997 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: �ity Clerk/Clerk � a 099� � : Cit�k and ex-officio Clerk okfie City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach California A+A� Mayor/Chairman 352