HomeMy WebLinkAbout1997-12-15MINUTES
CITY COUNCILIREDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
5:00 P.M. - Room B-8
7:00 P.M. - Council Chamber
Huntington Beach, California
Monday, December 15, 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 Dettloff called the regular meetings of the City Council and the Redevelopment Agency
of the City of Huntington Beach to order at 5:00 p.m. in Room B-8.
CITY COUNCI LIREDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Green, Dettloff, Bauer, Sullivan, Garofalo (Harman arrived 5:03 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 - REPORT BY 67TH DISTRICT ASSEMBLY
REPRESENTATIVE SCOTT BAUGH
Deputy City Administrator Barnard distributed a memorandum dated December 15, 1997 to the
City Council, Subject., Suggested Discussion Topic IMth Assemblyman Scott Baugh for
December 15, 1997 Study Session together with a memorandum dated December 15, 1997
from Brian Smith, Management Assistant, Subject., Legislation Tracked By The City And Of
Interest To Or Authored By Assemblyman Scott Baugh.
Mayor Dettloff welcomed Assemblyman Baugh to the Council meeting. Assemblyman Baugh
introduced his aides, Jeff Sauls, Chief of Staff, and Todd Nugent, Field Representative.
Assemblyman Baugh addressed Council regarding items on the discussion topics document
which included support for a legislative initiative that would increase the amount of city
representation on the Orange County Transportation Authority Board of Directors; support for
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legislative initiatives that reduce or eliminate county islands adjacent to and/or surrounded by
cities; support for legislative initiatives that would protect existing local revenue sources from
raids by the state government; and support for placing state bond measures before the public
that would provide funding opportunities for local government infrastructure.
Assemblyman Baugh reported on the item relative to increasing the amount of city
representation on the Orange County Transportation Authority Board of Directors. He asked
Council for clarification of Council concerns. Councilmember Bauer explained the city's
concerns that Huntington Beach is not receiving its fair share of city representation on the
Orange County Transportation Authority Board of Directors in order for the city to have city
priorities addressed. Councilmember Bauer stated for example an important priority is the
Hoover-Gothard Connection.
Councilmember Harman commented on the changing demographics of Orange County which
have resulted in 92% of the population living in cities resulting in the cities' needing for more
representation.
Discussion was held regarding the item relative to reducing or eliminating county islands
adjacent to or surrounded by cities.
Councilmember Harman asked Assemblyman Baugh to work on the discussion item relative to
his office communicating with city officials on any state revenues that become available to
local government in the form of grants or competitive grants or funding opportunities through
the state budget process.
Councilmember Bauer and Mayor Dettloff commented on the importance of the discussion
item requesting that Assemblyman Baugh work with the City Council to encourage CalTrans to
work with the owner of the Huntington Mall and the owner's efforts to have CalTrans approve
an off -ramp from the 405 freeway into the Huntington Mall shopping center. City Engineer
Eichblatt reported on this item.
Councilmember Harman and Mayor Pro Tem Green stressed the need to be informed of state
funding sources. Mayor Pro Tem Green asked Assemblyman Baugh to watch for ways the city
can be assisted in beach erosion funding; also, his support for legislation including Assembly
Bill 1000, (Keeley) Senate Bill 2 (Thompson) and Assembly Bill 1228 (Ducheny).
Councilmember Garofalo spoke regarding the discussion topic relative to the possibility of
introducing legislation that would amend the state vehicle code section which currently requires
that a traffic engineering survey be performed to set a speed limit along arterial highways in
order for the Police Department to enforce posted traffic speeds with radar. Councilmember
Garofalo informed Assemblyman Baugh of the need for the city to be able to set a speed
guideline that the city believes is safe. Acting City Administrator Silver stated that he believed
other criteria must be allowed in the determination of speed limits that would enable radar to
be used.
Councilmember Bauer stated that he had heard that there is a negative image of cities by the
state legislature. Discussion was held on this topic.
The need to get the League of Cities involved in representing the city better was discussed.
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Assemblyman Baugh spoke regarding the need for the City of Huntington Beach to submit
letters from the Mayor, Police Chief and others in support of his pending legislation (Assembly
Bill 726-Sexually Oriented Businesses) which would regulate sexually -oriented businesses. He
informed Council that such action would help him gain support for his bill in the Senate.
MOTION TO RECESS TO CLOSED SESSION -APPROVED (120.80)
A motion was made by Garofalo, second Green to recess the City Council to closed session to
consider the following items. The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
Closed Session - City Council and Redevelopment Agency pursuant to Government Code
Section 54956.8 to give instructions to the City CouncillRedevelopment Agency negotiators,
David Biggs, Ray Silver, and Murray Kane regarding negotiations with Waterfront
Development, LLC concerning the lease of the property commonly known as the Waterfront
site located at the northwest corner of Beach Boulevard and Pacific Coast Highway, APN 024-
250-73; 024-250-76; and 024-250-49. Instruction will concern Price and Terms of Payment.
Subject: Waterfront Lease Renegotiations. (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: Marine Safety Officers' Association, Police Officers'
Association, Police Management 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 City v. McDonnell Douglas Corporation - U. S. District
Court Case No. SACV 94 29 LHM (RWRx) City v. McDonnell Douglas Corporation.
(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 Talbert and Beach v. City of Huntington Beach - United
States District Court Case No. SACV 96-969 AHS; 9th Cir. 97-55619; Government Code
Section 54956.9(b)(3)(A) (Facts and circumstances that might result in litigation against the
local agency but which the local agency believes are not yet known to a potential plaintiff or
plaintiffs, which facts and circumstances need not be disclosed.) Number of Potential Cases
1; and Government Code Section 54956.9 (b)(3)(B) (Facts and circumstances, including, but
not limited to, an accident, disaster, incident, or transactional occurrence that might result in
litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts
or circumstances shall be publicly stated on the agenda or announced.) Subject: Talbert and
Beach v. City. (120.80)
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Closed Session - City Council pursuant to Government Code Section No. 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 State of California v. BP America, et al. - Orange
County Superior Court Case No. 64 63 39. Subject: State of Calif. v. BP America. (120,80)
RECONVENE
The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency
at 7:25 p.m. in the Council Chamber.
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
Absent: None
ACTIONS FROM CLOSED SESSION (120.80)
City Attorney Hutton reported that there were no reportable actions of the City Council as a
result of the closed sessions.
FLAG CEREMONY AND PLEDGE OF ALLEGIANCE
Huntington Beach Girl Scout Troop No. 410, Mary Thompson, Leader.
INVOCATION
Pastor John Bradosky, Grace Lutheran Church.
CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE
AGENDA
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 Deputy City Administrator Barnard dated December 15, 1997 submitting
topics to discuss with Assemblyman Baugh and legislation authored by Assemblyman Baugh
Revised Page No. 1 of the Agenda adding the Redevelopment Agency as a participant in the
Waterfront Lease Renegotiations Closed Session item.
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Slide presentation from the Community Services Department regarding the Huntington Central
Park Modified Sports Complex
Substitution of a new Exhibit B for the Agenda Item regarding Benefit and Salary Change —
City Attorney
Communication from G. Randall Garrou, Law Offices of Weston, Garrou and DeWitt, dated
December 12, 1997 regarding Suggested Revisions to Proposed Ordinance No. 3378 in Light
of the Pending Litigation Talbert and Beach, Inc. v. City of Huntington Beach
Communication from Roger Diamond, Attorney, representing Rosalie Taddeo, owner of
Paradise Specialties, dated December 4, 1997 requesting clarification of the Proposed
Ordinance
Communication from Richard P. Kelter, landowner, dated December 15, 1997 in favor of
rezoning his properties on Pacific Coast Highway from Commercial to R-1 Residential
Communication from Ron Hagan, Community Services Director, dated December 12, 1997
regarding parking revenues
PRESENTATION - By Mayor Dettloff and the City Council to Pat Jones, retiring Administrative
Assistant to the Huntington Beach City Council, honoring her for more than 20 years of loyal
and faithful service to the City of Huntington Beach.
PRESENTATION - By Mayor Dettloff and the City Council and Ron Hagan, Community
Services Director, to Tim Turner, Crew Leader, Beach Maintenance Division, of a check in the
amount of $300 for his employee suggestion to purchase doggie bags from a new vendor
which will result in a savings of $3,000 in the first year.
PRESENTATION - By Mayor Dettloff and the City Council to Marina High School Girls' Varsity
Volleyball Team to honor the team as 1997 Women's Volleyball California State Champions,
CIF Division 1A Champions, Sunset League Co -Champions. Attending from Marina High
School: H.B.U.H.S. District Superintendent, Dr. Bennet; Principal, Dr. Carol Osbrink; Head
Coach; Darrick Lucero; Assistant Coach, Jeff Caughthran; and Athletic Director, Lary Doyle.
California State Division 1A Champion Team Players: Grace Boyd, Karly Bumier, Miranda
Emde, Megan Harlow, Katie Keating, Chanda McLeod, Amy Pace, Ashlee Phillips, Lindsay
Phillips, Julie Renfrow, Sarah Smith and Shannon Yarbrough.
PRESENTATION - By Mayor Dettloff and the City Council to Ocean View High School Girls
Varsity Volleyball Team to honor the team as 1997 Womenls Volleyball California State
Champions, CIF Division IIIA Champions, Golden West League Champions. Attending from
Ocean View High School: H.B.U.H.S. District Superintendent, Dr. Bennet; Principal, Karen
Gilden; Head Coach and Athletic Director, Tim Mennealy. California State Division III
Champion Team Players: Jessica Branosky, Andrea Droeger, Jennifer Elridge, Carissa
Gough, Kelly Jameson, Shelby Jameson, Amy Knebel, Tracy Lindquist, Sara Pollaro and
Sharon Shelton.
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PRESENTATION - To Representatives of Fire Department, Police Department, Marine Safety,
Community Services Department, CERT, RACES and Police Search and Rescue Team for
their exemplary response to the emergency situations caused by El Nino storm on
December 6, 1997.
SPECIAL PRESENTATION REGARDING FLOOD EMERGENCY
Mayor Dettloff, on behalf of the City Council, recognized the following individuals who
contributed their time and effort to help people in need during the December 6 and 7 rainstorm,
especially for their involvement in aiding the residents of the Del Mar and Brookfield Manor
mobile home parks.
Representing the Fire Department:
Fire Captain Bob Dutton and Fire Captain Scott Pokorny
Representing the Police Department:
S. W.A.T. Team Supervisory Sergeant Brian Tridick, and S.W.A.T. Member officer
Chuck Wright both who assisted with the evacuation of the mobile home parks
Representing the Community Services Department:
Marine Safety Officer Mike Bartlett, member of the first response crew to the
Mobilehome parks to assist in the evacuations
Representing the Public Works Department:
Chris L. Lanier, Equipment Operator in Public Works Trees Maintenance Section, and
Bob Fluss, Maintenance service Worker from the Street Maintenance Division
Representing Volunteers:
Ana Pinter, Community Emergency Response Team (CERT)! Radio Amateur
Emergency Services (RACES)
PUBLIC COMMENTS
RON DAVIS, commended Council on their action approving the downtown sidewalk cleaning
and stated he believed this is a good expenditure of city funds. He informed Council of his
agreement with Councilmember Bauer's item on the agenda regarding a new pilot television
program - Hot Topics. Mr. Davis stated he supported the recommendation to rezone the
property at Pacific Coast Highway and Goldenwest Street which is scheduled later on the
agenda.
CHARLES WOLTER, spokesperson for residents in the area of Pacific Coast Highway and
Goldenwest Street, informed Council of their pleasure with the agenda recommendation that
the property at Pacific Coast Highway and Goldenwest Street be zoned residential. He
thanked all of those involved including Councilmembers Bauer, Garofalo and staff. .
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12/15/97 - City Council/Redevelopment Agency Minutes - Page 7
EILEEN MURPHY thanked Councilmember Bauer for placing the topic of a request for
updated report - Balsa Chica Area - Water And Other Services - Environmental Impact Report
Requirements - Proposed Water Pipeline, on the agenda. She stated that she believed the
city should be the lead agency rather than the county.
NANCY DONAVEN representing Bolsa Chica Land Trust, spoke in support of Councilmember
Bauers item for placing on the agenda the topic of a request for updated report - Bolsa Chica
Area - Water And Other Services - Environmental Impact Report Requirements - Proposed
Water Pipeline.
TOM LOGAN, Balsa Chica Land Trust member, questioned if Council will be contacting
LAFCO (Local Agency Formation Commission) regarding the process set forth in
Councilmember Bauer's item on the agenda regarding the Bolsa Chica. He stated that he had
contacted a representative of the Local Agency Formation Commission (LAFCO) who had not
known of Koll Company's efforts to obtain water. Mr. Logan also spoke regarding the estoppel
issue addressed by Deputy City Attorney Fields at a previous Council meeting. Mr. Logan
questioned by what authority the staff is negotiating with the Koll Company and questioned if
Council or the staff is in charge.
G. RANDALL GARROU addressed Council regarding the item on the agenda - Introduction of
Ordinance No. 3378 Sex Oriented Adult Business Ordinance. He presented his
recommendations as to how he believes nonconforming uses such as the business he
represents should be treated under the ordinance.
JIM MARTIN spoke in opposition to the item on the agenda regarding the rezoning of property
at Pacific Coast Highway and Goldenwest Street to residential. Mr. Martin also spoke
regarding the wind blowing down trees in the city and possibly hitting a child walking to school.
PASSING OF DON WOLTER ANNOUNCED
Councilman Garofalo announced the passing of Don Wolter. He informed the City Council of
the contribution Mr. Wolter had made to the community.
FOLLOW-UP REPORT FROM COUNCILMEMBER SULLIVAN REGARDING HAZARDOUS
WASTE FROM GLEN AVON-STRINGFELLOW DUMP IN RIVERSIDE COUNTY THROUGH
ORANGE COUNTY SANITATION DISTRICT PIPELINES
Councilmember Sullivan reported on an issue that arose during public comments at the
December 1, 1997 Council meeting regarding the possibility of hazardous waste being
transported to the city's ocean sites from sites such as Glen Avon -Stringfellow Dump in
Riverside County through the Orange County Sanitation District pipeline. Councilmember
Sullivan informed the Council and audience of his meeting with Orange County Sanitation
District environmental representatives. He stated that these representatives had informed him
that the water from these sites is clean to the point that it could be used as "Green Acres"
water.
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(CITY COUNCIL) MAYOR DETTLOFF - CITY COUNCIL LIAISON APPOINTMENTS TO CITY
BOARDS, COMMISSIONS, COMMITTEES, AD HOC COUNCIL COMMITTEES, EXTERNAL
ORGANIZATIONS, AND TO STATE AND REGIONAL ENTITIES - APPROVED
The City Council considered a transmittal from Mayor Dettloff of the 1998 CounciUStaft'Liaison
List dated November 25, 1997 which includes standing City Council Committees, Ad Hoc
Council Committees, representation to external organizations, Appointments to State and
Regional Entities, citizen commissions, boards and committees.
A motion was made by Garofalo, second Bauer to approve appointments as listed on the 1998
Council/Staff Liaison List dated November 25, 1997.
1998 COUNCIL/STAFF LIAISON LIST
CITIZEN COMMISSIONS BOARDS, AND COMMITTEES
ISTAFF LIAISON
ADVISORY BODY
COUNCIL
T
LIAISONS
Michael Mudd
Allied Arts Board
Bauer, Julien
5258
6:00 P.M.,_1st Tues. HB Art Center
Herb Fauland
Ascon Site
Bauer, Julien
5438
Meets on an as needed basis
Ross Cranmer
Board of Appeals
Dettloff, Julien
5532
As needed
Pat Dapkus
Children's Needs Task Force
Sullivan, Dettloff
5579
Carol Runzel
Citizen Participation Advisory Board
Bauer, Green
5529
7.00 P.M., 1st Thurs., Civic Center.
Les Jones
Citizens Advisory Board on the City's
Dettloff, Bauer
5437
Infrastructure
Jim Engle
Community Services. Commission
Sullivan, Garofalo
5495
7.00 P.M., 2nd Wed., Chambers
Wayne Carvalho
Design Review Board
Green, Harman
5595
3:30 P.M., 2nd Thurs. of each month 3rd
Floor
Dan Johnson
Downtown Task Force
Garofalo, Dettloff
5693
Mary Beth
Environmental Board
Green, Julien
Broeren
7:30 P.M. 2nd & 4th Thurs., B-8
5550
Michael Mudd
Film Committee
Green, Julien
5258
Dan Villella
Finance Board - 6:30 P.M.,
Individual
5225
2nd & 4th Wed., Room B-6
Appointments
383
12/15/97 - City Council/Redevelopment Agency Minutes - Page 9
Janet Perez
Florida Utica Task Force
Garofalo, Green
5650
2nd Monday, Every other month 6:30, City
Hall, lower level
Bill Fowler
Fourth of July Board
Garofalo, Julien
5496
6:00 P.M., 2nd Tues. Lower Level of City Hall
Michael Mudd
Historic Resources Board
Garofalo, Green
5258
6:30 P.M. 3rd Wed., Rm. B-6
Pat Dapkus
Huntington Beach Waterways & Beaches
Hauer, Green
5579
7.00 P.M., 4th Thurs., Jan., May, & act.
Huntington Harbour Yacht Club
Shari
Investment Advisory Board
Individual
Freidenrich
6:00 P.M. Last Wednesday of the month, Room
Appointments
5200
B-6
Ron Hayden
[ ibrary Board
Sullivan, Green
960-8836
7:00 P.M. 3rd Tues., Library
Dan Bruening
Mobile Home Advisory Board
Sullivan, Green
5901
6:30 PM. - 4th Mondayo the month
Suzie Wajda
Neighborhood Watch
Garofalo, Julien
5933
7:30 P.M. 2nd Tues., Police Training Room
Bill Fowler
Oakview Task Force
Dettloff, Julien
5496
3rd Thurs. of each month, 6:00, Oakview School
Bill Osness
Personnel Commission
Sullivan, Harman
5586
7.00 P.M. 3rd Wed. each month. Room 9-8
Howard Zelefsky
Planning Commission
Individual
5276
7:00, 2nd & 4th Tues. each month, Council
Appointments
Chambers
Les Jones
Public Works Commission
Sullivan, Julien
5437
5: 00 P.M. 3rd Wed., Council Chambers
Scott Hess
Sign Code Committee
Sullivan, Julien
5554
As Needed
Ron Hagan
Specific Events Committee
Harman, Garofalo
5292
Jeff Renna
Water Task Force
Green, Harman
5527
Bob Werth
Youth Board
Julien, Harman
5262
6:00 P.M. 3rd Mon., Room B-7
384
Page 10 - Council/Agency Minutes - 12/15/97
STANDING COUNCIL COMMITTEES
STAFF LIAISON
COUNCIL COMMITTEE
COUNCIL
ASSIGNMENT
Melanie Fallon
Affordable Housing
Bauer, Dettloff,
5632
Sullivan
Melanie Fallon
Downtown Issues Subcommittee
Julien, Dettloff,
5632
8:30 A.M., 4th Friday of each month, B-8
Garofalo
Lower Level
Dan Villella
Audit Subcommittee
Bauer, Garofalo
5225
Rich Barnard
Cable TV Committee
Bauer, Dettloff,
5577
2:30 P.M. - 2nd Monday, 4th Floor
Garofalo
Linda Niles
School Issues Committee
Sullivan, Green,
5270
Third Friday of Month (as heeded) 3rd Fir.
Harman
Conference Room
David Biggs
Economic Development Committee(Mayor,
Green, Bauer,
5909
Mayor Pro Tem & Past Mayor)70:00 A.M. 2nd
Dettloff
& 4th Friday,4th Floor
David Biggs
Economic Planning Committee
Garofalo,
5909
10:00 A.M. 1 st & 3rd Friday, 4th Floor
Harman, Sullivan
Gall Hutton
Legal Affairs Committee - City Attorney's
Harman, Sullivan,
5555
Conf Rm.
Bauer
2: 00 P.M., Wed. prior to regular Council
meetings
Rich Barnard
Intergovernmental Relations Committee
Green Harman,
5577
1 st Friday of each month at 3:00 P.M., 4th
Bauer
lour conference room
AD HOC COUNCIL COMMITTEES
STAFF LIAISON
COUNCIL COMMITTEE
COUNCIL
ASSIGNMENT
Ron Hagan
Beach & Park Improvement District Committee
Bauer, Garofalo,
5292
Harman
Herb Fauland
Beachfront Development Committee
Bauer, Dettloff
5438
As Needed
Julie Osugi
Bolsa Chica Committee
Sullivan, Dettloff,
5274
Green
Ray Silver
Competitive Services Contracting Committee
Sullivan, Julien,
1574
Garofalo
Bob Franz
Council Budget Committee
Sullivan, Julien,
SZ3fi
Garofalo
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12115/97 - City CouncillRedevelopment Agency Minutes - Page 11
Gail Hutton
Gift Ban Ordinance Review
Dettloff, Garofalo,
5555
Harman
Ron Hagan
Gun Range Committee
Sullivan, Harman,
5292
Garofalo
Les Jones
Holly Seacliff Reimbursement Study
Harman, Dettloff,
Garofalo
Julie Osugi
Housing Element
Dettloff, Bauer
5274
As needed
Rich Barnard &
Human Relations Committee
Dettloff, Bauer
Dan Johnson
5577 & 5693
Michael
PERS Committee
Sullivan, Harman,
Uberuaga
Julien
5575
Ron Hagan
Pier Plaza Committee
Garofalo, Harman
5292
Ron Hagan
Pier Plaza Grand Opening
Dettloff, Julien,
5292
Garofalo
Ray Silver
Seacliff Art
Dettloff, Harman,
1574
Green
Ron Hagan
Youth Sports Facilities Committee
Harman, Sullivan,
5292
Garofalo
Ron Hagan
Huntington Central Park Specific Plan and EIR
Harman, Sullivan
5292
REPRESENTATION TO EXTERNAL ORGANIZATIONS
(Appointed by the Mayor and Approved by Council)
STAFF LIAISON
AGENCY
COUNCIL LIAISON
Bill Fowler
H.B. Council on Aging
Sullivan, Dettloff
5496
8:00 A.M., 1st Thurs. Senior Outreach Center
Jim Lamb
H. B. Conference & Visitors Bureau
Green, Garofalo
5186
4:00 P.M.,_ 1st Thurs., Bureau Of ices
Penny Kyle
O. C. Sanitation Districts 3 & 11
3 & 11 Sullivan
962-241 1
7:00 P.M., 4th Wed., Sanitation District. Off,
(Alt. -Harman)
Ftn. Vly.
11 Dettloff (Alt.
Harman)
Vicki Blalock,
O.0 Vector Control Board
Bob Egan
Sec.
3rd Thurs. 3:30 P.M. (FAX) 971 3940
968-2731
971-2421
386
Page 12 - Council/Agency Minutes - 12/15197
Chief Dolder
D.C.-City Hazmat Emergency Response
Chief Dolder
5402
Authority - 3rd Wed., l :30 quarterly,
beginning in July - Anaheim North Net
Training Ctr., (Appoint by July Ist of the odd
ears on!
Bob Eichblatt
OCTA Measure M Growth Management Area 6
Sullivan
(GMA 6)
Meets quarterly
Rich Barnard
Public Cable Television Authority
Sullivan, Bauer
5577
8:00 a. m., 2nd Wed. each month,
Fountain Valley Community Center, Room A
or B
George Osborne
Santa Ana River Flood Protection Agency
Green, (Julien,
834-5447
(SARFPA)
Alt)
4:00 P.M., 4th Thurs., Odd Months, (Nov.,
Executive Committee only), O.C. Wtr. Dis.Ofc.
834-5742.
Ron Hayden
Sister City Association
Dettloff, Julien
960-8836
7:00 P.M. 2nd Mon., Library
Jeff Renna
West O. C. Water Board
Bauer, Green
5527
4:00 P.M. 3rd Tues., Quarterly - Caucus Room
APPOINTMENTS BY STATE AND REGIONAL ENTITIES
(Non -discretionary to the Mayor)
STAFF LIAISON
AGENCY
COUNCIL LIAISON
California League of Cities
Julien
State Employee Relations Policy
Committee
California League of Cities -
Green, Chairman
State Environmental Quality Policy
Committee
California League of Cities
Green (Appt by
Division Resolutions Committee
Division)
So. California Association of Governments
Tom Harman
Energy Environment Policy Committee
(Appt. by League)
Rich Barnard
Orange County Council of Governments (OC
Mayor Bauer At
5577
COG)
Large Appt by
Transitional Committee (Ad Hoc)
League Division
Orange County Harbors, Beaches, & Parks
Shirley Dettloff
Commission
(League Appt.)
Peter Green
(Supervisorial.
Appt.)
Orange County Marine Institute (Board of
Peter Green
Directors)
(Supervisorial
AppQ
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12/15/97 - City Council/Redevelopment Agency Minutes - Page 13
Local Agency Formation Commission (LAFCO) Tom Herrman,
Alternate Member
A t. b League)
The motion carried by the following roll call vote:
AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: Julien (out of the room)
(CITY COUNCIUREDEVELOPMENT AGENCY) CITY ADMINISTRATOR'S REPORT
Acting City Administrator Silver announced that he did not have a report to present for this
Council meeting.
(CITY COUNCIL) ACCEPTANCE OF CITY TREASURER'S OCTOBER, 1997 INVESTMENT
SUMMARY REVIEW -APPROVED (310.20)
The City Council considered a communication from the City Treasurer transmitting the Monthly
Investment Report for October, 1997.
The City Treasurer presented a staff report. She referred to slides which had been distributed
to the City Council earlier in the meeting.
A motion was made by Garofalo, second Green to accept the Monthly Investment Report for
October, 1997 pursuant to Section 17.0 of the Investment Policy of the City of Huntington
Beach.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) PUBLIC HEARING - HUNTINGTON CENTRAL PARK SPECIFIC PLAN/
SPORTS COMPLEX MODIFICATIONS - APPROVED - FURTHER DIRECTION PROVIDED
TO CITY COUNCIL
Mayor Dettloff announced that this was the meeting set for a public hearing to consider the
following:
To solicit community input regarding the Specific Plan for the Sports Complex proposed in
Huntington Central Park.
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Page 14 - Council/Agency Minutes - 12/15/97
A revised Sports Complex Specific Plan is recommended to City Council due to new
information about the site from other agencies regarding methane and water quality.
See site plan with proposed modifications identified in the Request for Council Action dated
December 15, 1997.
Note: Construction of the sports complex is subject to the terms and conditions that may apply
to this site under the Driftwood Mobilehome Relocation and Acquisition Agreement.
The City Council considered a communication from the Community Services Director.
A communication from Larry McNeely received December 10, 1997 in support and
recommending acquiring the Orange County Transfer Station for parking had been provided to
Council in the Council packet.
Legal notice as provided to the City Clerk's Office by staff had been published, posted and
mailed.
Community Services Director Hagan informed Council of the revised recommended action
which is a change of the words "Specific Plan" to "Conceptual Master Plan Of Land Uses". He
explained that the change in wording was necessary as the Community Development
Department had requested this clarification.
Jim Engle, Deputy Director, Community Services, presented a slide report which included a
history of the subject. He stressed the fact that construction of the sports complex is subject to
the terms and conditions that may apply to the site under the Driftwood Mobilehome
Relocation and Acquisition Development Agreement.
Mayor Dettloff declared the public hearing open to solicit community input regarding the
Conceptual Master Plan of Land Uses for the Sports Complex proposed in Huntington Central
Park.
The following late communication had been announced earlier in the meeting by the City Clerk.
She again announced the communication for the record: Slide presentation from the
Community Services Department regarding the Huntington Central Park Modified Sports
Complex
DEBORAH WILSON, representing AYSO Region #55 North Huntington Beach, spoke in
support of the soccer fields. She informed Council that due to lack of space she had to turn
away children who want to play soccer. Ms. Wilson spoke regarding the revision she believed
should be made to the planned soccer fields.
TRENT HARRIS, South Huntington Beach Softball League, informed Council that some of the
fields listed in the Assessment Study do not exist or are not up to standards. He spoke
regarding the constant difficult task of finding field space. Mr. Harris stated that adult leagues
have priority and that this has not been taken into consideration. He stated that if this complex
is approved, the North Huntington Beach Softball League is requesting to be taken into
consideration so that they can post notices of their games. He commended Jim Engle, Deputy
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121l5197 - City Council/Redevelopment Agency Minutes - Page 15
Director, Community Services, for his efforts in helping to find solutions to hard problems
encountered by their organization.
CHUCK BEAUREGARD, Save Our Kids, proposed that the Gothard/Talbert corner be used for
the aquatics facility if this land is available. He stated that this would solve the problem of
many cars going to the swimming complex having to traverse Goldenwest Street.
JOE YOUNG thanked the Councilmembers for their efforts on this sports complex. He stated
his main concern is for pedestrian access. Mr. Young stated that he has had trouble crossing
from the west side of the park to the east side going across Goldenwest Street, and that due to
parking which may occur on the east side and walking across either way this may become
more of an issue. He stated that some parks and universities have connected split areas with
pedestrian bridges which he is aware is costly. He related to Council an automobile accident
he had at Garfield Avenue and Goldenwest Street when the other driver was looking for side
streets and ran a red light. He stated that he has observed numerous children trying to cross
Goldenwest Street just north of Talbert Avenue by the Bench Park Cafe and though there is a
crossing guard there, some times people don't notice them. He stated the problem would get
even more potentially dangerous with more children in the area. He requested consideration
for a pedestrian access bridge. He volunteered his assistance as he is a registered civil
engineer who has worked for projects just like this, mainly infrastructure and public works.
The Community Services Director Hagan responded to questions of Council.
Councilmember Harman referred to the Save Our Kids communication which had been
distributed to Council a moment ago. The Community Services Director stated that he had not
received a copy. Discussion was held regarding the letter. Discussion was held regarding
incorporating comments during the meeting tonight into a report to Council. Jim Engle, Deputy
Director, Community Services, stated that these comments would be addressed.
A motion was made by Garofalo, second Sullivan to approve the modified Conceptual Master
Plan Of Land Uses for the sports complex for Huntington Central Park as presented in
Attachment No. 1 to the Request for Council Action dated December 15, 1997 per the
recommendations of the City Council subcommittee, Community Services Commission, and
staff. Construction of the sports complex is subject to the terms and conditions that may apply
to this site under the Driftwood Mobilehome Relocation and Acquisition Agreement. The
motion carried by unanimous vote.
(CITY COUNCILIREDEVELOPMENT AGENCY) JOINT PUBLIC HEARING BETWEEN CITY
COUNCIL AND REDEVELOPMENT AGENCY TO CONDUCT A REVIEW OF THE
REDEVELOPMENT AGENCY IMPLEMENTATION PLANS - STAFF REPORT AND VIDEO
PRESENTATION RECEIVED AND FILED
Mayor Dettloff announced that this was the meeting set for a public hearing to consider the
following.
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The City Council considered a communication from the Economic Development Director
stating that California Community Redevelopment Law, Health and Safety Code Sections
33490, et seq. requires that the Agency conduct a public hearing midway through the Five
Year Implementation Plan period to receive public testimony about the redevelopment process
and the progress of various redevelopment projects. This hearing is to consider the following:
1. Progress toward the Goals and Objectives stated in the Redevelopment Agency
Implementation Plan; and
2. Public testimony and input on progress toward Goals and Objectives.
The Redevelopment Agency staff will present a report to the City Council that will discuss
progress toward the goals and objectives stated in the Agency's AB 1290 Implementation
Plans.
Economic Development Director Biggs presented a video report covering the Main Pier,
Huntington Center, Yorktown Lake, Oakview, Talbert -Beach portions of the Redevelopment
Project Area.
Mayor Dettloff declared the public hearing open.
There being no one to speak on the matter and there being no protests filed, either oral or
written, the hearing was closed by Mayor Dettloff.
A motion was made by Green that the City Council receive and file the Redevelopment Agency
staff report and video presentation.
Councilmember Garofalo stated that he believes there are a significant number of
opportunities that need to be explored under the Redevelopment process.
Discussion was held between Councilmember Harman and Economic Development Director
Biggs regarding the very recent proposal from Mace -Rich Company to develop the Huntington
Mall. Acting City Administrator Silver reported that the change in ownership of the mall had
caused delay in the plans to redevelop the mall area. He reported that the owner of the mall is
asking the city for financial assistance. Councilmember Harman stated his desire to see the
plans for the mall which had been presented during a recent Economic Development
Committee meeting.
Economic Development Director Biggs responded to Councilmember Harman regarding
several problems at the Yorktown -Lake Project Area where the Bowen Court Senior Apartment
Complex is to be built. Economic Development Director Biggs stated that they are looking at
the original terms of the agreement under which the property was purchased by the city.
In response to Councilmember Sullivan, Economic Development Director Biggs reported on
the possibility of other redevelopment project areas stating that Beach Boulevard is being
studied.
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12115197 - City Council/Redevelopment Agency Minutes - Page 17
The motion made by Green, second Sullivan to Receive and File the Redevelopment Agency
Staff report and video presentation carried by unanimous vote.
(CITY COUNCIL) ANNUAL MEETING OF THE HUNTINGTON BEACH CIVIC IMPROVEMENT
CORPORATION
The mayor recessed the Council/Agency meeting in order to convene annual regular meeting
of the Huntington Beach Civic Improvement Corporation.
The President called the Annual Meeting of the Huntington Beach Civic Improvement
Corporation to order.
Huntington Beach Civic Improvement Corporation Roll Call
Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
Absent: None
Election Of Officers
A motion was made by Garofalo, seconded by Sullivan to approve the election of Mayor
Shirley Dettloff - President, Mayor Pro Tem Peter Green - Vice President, and City Clerk
Connie Brockway - Secretary
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
(City Council/Civic Improvement) Minutes - Approved And Adopted
A motion was made by Sullivan, seconded by Garofalo to approve and adopt the minutes of
the Huntington Beach Civic Improvement Corporation meetings of the regular meeting held
July 1, 1996 as written and on file in the Office of the Secretary. The motion carried by the
following roll call vote:
AYES: Harman, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
ABSTENTIONS: Julien, Green,
Adjournment - Huntington Beach Civic Improvement Corporation Meeting
The President adjourned the annual regular meeting of the Huntington Beach Civic
Improvement Corporation.
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(Public Financing Authority) Regular Meeting Of The Huntington Beach Public Financing
Authority
The Mayor recessed the Council/Agency Meeting in order to convene the regular meeting of
the Huntington Beach Public Financing Authority.
The President called the Annual Meeting of the Huntington Beach Public Financing Authority
to order.
Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
Absent: None
Election Of Officers
A motion was made by Sullivan, seconded by Garofalo to approve the election of Mayor
Shirley Dettloff - President, Mayor Pro Tem Peter Green - Vice President, and City Clerk
Connie Brockway - Secretary
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
(City Council/Public Financing Authority) Minutes - Approved And Adopted
A motion was made by Sullivan, seconded by Garofalo to approve and adopt the minutes of
the Huntington Beach Public Financing Authority of the regular meeting of January 21, 1997,
adjourned regular meeting of March 17, 1997, regular meeting of April 7, 1997 and adjourned
regular meeting of April 14, 1997 as written and on file in the Secretary's Office
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
Adjournment
The regular meeting of the Public Financing Authority adjourned.
RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING
The Mayor reconvened the regular meetings of the City Council/Redevelopment Agency.
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12/15/97 - City Council/Redevelopment Agency Minutes - Page 19
CONSENT CALENDAR - ITEMS REMOVED
The following items were removed from the Consent Calendar for separate consideration.
(City Council) Consent For Pending Sale Of A 1.0 Acre Property - To Paul H. Geil By M. S.
Vickers, LLC - nlw Corner Of Clay Avenue And Gothard (Crystal) Street - APN 111-140-34
And 35 - Holly-Seacliff Development Agreement Area
(City Council) Consent For Pending Sale Of Tentative Tract No. 15531 - To John Laing
Homes (California), Inc. By PLC Land Co. - Cape Ann - Holly-Seacliff Development
Agreement Area - Promenade Parkway And Seagate Drive
(City Council) Consent For Pending Sale Of Tentative Tract No. 14355 By PLC Land
Company To Polygon Communities, Inc. And Seacliff Ventures, L.P. (Manning Homes) -
The Bluffs - N/W Corner Of Garfield/ Edwards Street In The Holly-Seacliff Development
Agreement Area
(City Council) For The Pier Plaza Automated Park And Pay Operation - Main Street And
Pacific Coast Highway
(City Council) Award Of Construction Contract To Consolidated Waste Industries, Inc.
For Cleaning Of 54" Storm Drain Line - MSC-392 - W/S Gothard Street - Between Warner
And Slater Avenues
(City Council) Resolution No. 97-88 To Modify Certain Benefits And Salary For Non -
Represented Employees - 1. Resolution No. 97-88
(City Council) Contract With Professional Networking Consultants, Inc. - For Installation
Of Data Communications Hardware/ Software And Software License And Support
Agreement And Waiver Of Professional Liability Insurance
(City Council) Resolution No. 97-91 - Memorandum Of Understanding Between The City
And The Municipal Employees Association
(City Council) Resolution No. 97-87 - Benefit And Salary Change - City Attorney
CONSENT CALENDAR - ITEMS APPROVED
On motion by Green, second Julien, Council approved the following Consent Calendar items,
as recommended by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Garofalo
NOES: None
ABSENT: Sullivan (absent from the room)
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(CITY COUNCIL) APPROVED MADDY LOCAL APPOINTIVE LIST ACT - CITY BOARD
COMMISSIONERS, AND COMMITTEES -1998 TERM EXPIRATION DATES - Approved the
1998 Maddy Local Appointive List showing vacancies which will occur on city boards, and
commissions, and committees in 1998 and directed the City Clerk to post the list at the official
posting locations (Huntington Central Library, Civic Center, and Main Street Library).
(CITY COUNCIL) APPROVED IMPLEMENTATION OF FINANCE BOARD
RECOMMENDATIONS ON VARIOUS CITY FINANCIAL ISSUES - Approved and directed
implementation of the recommendations of the September 2, 1997 letter, with the following
clarifications and modifications: 1. Recommendation 1 - Regular Review of Several In -
Process Programs - The City Council concurs that, as part of regular reviews, the Finance
Board may make informal suggestions to staff for program improvements. However, it should
be entirely clear that staff direction is provided only by the City Council acting through the City
Administrator, or by the City Administrator. 2. Recommendation 4 - Long Range Financial
Strategy - Initial submittal of the first draft shall be by the end of March, 1998.
(CITY COUNCIL) APPROVED CONTINUATION OF TRAFFIC ACCIDENT DATA INPUT -
APPROPRIATION OF FUNDS - Appropriated $12,500 from the General Fund and authorized
expenditures to continue funding one part-time, temporary Office Assistant 11 (Typing) position
after the Traffic Safety Grant concludes. Approved increasing General Fund revenue by an
estimated $200,000 this year from the Abandoned Vehicle Abatement Program.
(CITY COUNCIL) APPROVED ESTABLISHMENT OF A DUI (DRIVING UNDER THE
INFLUENCE) TRAFFIC EDUCATION And ENFORCEMENT ACCOUNT - Approved
establishment of a Traffic Education and Enforcement Account in the amount of $20,000 per
year and authorized expenditures for DUI Education and Enforcement Programs.
(CITY COUNCIL) APPROVED LIBRARY BOARD OF TRUSTEES APPOINTMENT - AILEEN
MANLEY - TERM TO EXPIRE JUNE 30, 1999 - Appointed Aileen Manley to the Library Board
of Trustees to complete the unexpired term of Ruth Finley. Term of office to expire
June 30, 1999.
(CITY COUNCIL) APPROVED AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
CONTRACT WITH GIBBS, GIDEN, LOCHER And ACRET, OUTSIDE COUNSEL - PECK
RESERVOIR LITIGATION - CITY OF HUNTINGTON BEACH V. MONTGOMERY WATSON,
ET AL - 1. Approved Amendment No. 3 to the Agreement between the City of Huntington
Beach and Gibbs, Giden, Locher and Acret for legal services regarding Peck Reservoir to
represent city in lawsuit regarding Peck Reservoir; and 2. Appropriated $50,000 into Account
No. E-EW-AT-130-4-05-00 for Gibbs, Giden, Locher and Acret.
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12/15/97 - City Council/Redevelopment Agency Minutes - Page 21
(CITY COUNCIL) APPROVED AMENDMENT OF CITY BUDGET TO INCREASE CITY
ATTORNEY'S LEGAL SERVICES ACCOUNT - Amended the City Attorney's budget by
appropriating $300,000 to the City Attorney's Legal Services Account
No. E-AA-AT-131-4-05-00 to partially fund the costs for outside legal counsel for fiscal year
1997-98.
(CITY COUNCIL) APPROVED LIBRARY BOARD OF TRUSTEES RE -APPOINTMENT - PAT
COHEN - TERM TO EXPIRE JUNE 30, 2001 - Re -appointed Pat Cohen to the Library Board
of Trustees for a four year term to expire June 30, 2001.
(CITY COUNCIL) APPROVED 1997/98 TENTATIVE BUDGET - WEST ORANGE COUNTY
WATER BOARD - Approved the 1997/98 tentative West Orange County Water Board Budget
in the amount of $301,700. Huntington Beach share is $165,888 (56.1%). (Joint Powers
Agreement between the Cities of Seal Beach, Westminster, Garden Grove, and Huntington
Beach.)
(CITY COUNCIL) APPROVED CONTRACT FOR COBOL PROGRAMMER - CENTRIC
RESOURCES, INC. - SOFTWARE CHANGES TO CORRECT YEAR 2000 CONFLICTS -
1. Authorized the Acting City Administrator to enter into an Agreement between the City of
Huntington Beach and Centric Resources, for Information Technology Consulting to supply
contract personnel to perform COBOL Programming on City Software. 2. Authorized the
transfer and expenditure of existing salary and benefit funds to a contract services account.
(CITY COUNCIL) ACCEPTED THE YORKTOWN AVENUE VERTICAL REALIGNMENT
PROJECT - CC-910 - GMC ENTERPRISES - APPROVED FUND TRANSFERS AND FILE A
NOTICE OF COMPLETION - 1. Accepted the Yorktown Avenue Vertical Realignment Project
Improvements completed by GMC Enterprises at a final cost of $275,093.94 and authorized
the City Clerk to file a Notice of Completion with the County Recorder; 2. Authorized the
transfer of $1,885 of Measure W" funds from Account No. E-SX-PC-900-6-32-00 into
Purchase Order No. 224897 to cover additional construction expenses; and 3. Authorized the
transfer of $3,158 in Measure "M" funds from Account No. E-SX-PC-900-6-32-00 into Account
No. E-BS-PC-910-3-90-00 to cover additional supplemental expenditures.
(CITY COUNCIL) ACCEPTED THE FIBER OPTICS CABLE PROJECT IMPROVEMENTS -
CC-1049 - PN-17033 FROM THE CIVIC CENTER TO THE WATER OPERATIONS BUILDING
- BNB ENGINEERING, INC. AND FILE A NOTICE OF COMPLETION - Accepted the Fiber
Optics Cable Project Improvements, CC-1049 and PN-17033, from the Civic Center to the
Water Operations Building completed by BnB Engineering, Inc., at a final cost of $164,306 and
authorized the City Clerk to file a Notice of Completion with the County Recorder.
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Page 22 - Council/Agency Minutes - 12/15/97
(CITY COUNCIL) APPROVED REIMBURSEMENT AGREEMENT FOR PROFESSIONAL
SERVICES WITH CATELLUS RESIDENTIAL GROUP - MEADOWLARK DEVELOPMENT
AGREEMENT - 1. Approved and authorized execution by the Mayor and City Clerk of the
Reimbursement Agreement between the City and Catellus Residential Group for Costs
Incurred for Professional Planning Services, as prepared by the City Attorney, not to exceed
$60,000, for a term of one year; and 2. Accepted the initial payment of $15,000 to cover
professional planning services retroactive to September, 1997 to cover the first three (3)
months of entitlement processing to defray the costs of professional planning services as part
of the Meadowlark Development Agreement.
(CITY COUNCIL) AUTHORIZED AWARD OF CONSTRUCTION CONTRACT TO SMC
CONSTRUCTION COMPANY FOR THE EDISON COMMUNITY PARK RESTROOM ADA
(AMERICANS WITH DISABILITIES ACT) RENOVATION PROJECT - CC-1057 - MAGNOLIA
AVENUE BETWEEN ATLANTA AND HAMILTON AVENUES - Approved the low responsive -
responsible bid submitted by the SMC Construction Company, for the Edison Community Park
Restroom ADA Renovation Project; CC-1057 and located at Magnolia Avenue between Atlanta
and Hamilton Avenues; 2. Authorized the Mayor and City Clerk to execute the Construction
Contract in the amount of $55,785.00; and 3. Authorized the Public Works Director to expend
a total of $76,364 including the contract amount of $55,785, estimated construction
contingency of $5,579 and supplemental expenditures of $15,000.
(CITY COUNCIL) APPROVED DOWNTOWN HARDSCAPE (SIDEWALK) HIGH PRESSURE
WATER CLEANING - APPROPRIATION OF FUNDS Approved appropriation of $17,000 from
the unencumbered general fund balance to Account No. E-AA-PW-541-3-90-00 contractual
services, to clean and seal certain downtown hardscape (sidewalk) areas.
(CITY COUNCIL) APPROVED THE CONSTRUCTION CONTRACT BETWEEN THE CITY
AND JAMES CAMPBELL DBA CRAIG INDUSTRIES PAINTING FOR THE PAINTING OF THE
MAIN PROMENADE PARKING STRUCTURE - Approved the City Funded Construction
Contract between the City of Huntington Beach and James Campbell, dba Craig Industries
Painting for Painting Main Promenade Parking Structure (interior and exterior) for $82,000 and
authorize the Mayor and City Clerk to execute same.
(CITY COUNCIL) ADOPTED RESOLUTION NO. 97-89 - APPROVING CITY CLASSIFICA-
TION PLAN AMENDMENT - ADDS NEW CLASSIFICATION OF DEPUTY CITY ENGINEER -
Approved the Classification Plan amendment by adding a new classification entitled Deputy
City Engineer and adopted Resolution No. 97-89 - "A Resolution of the City Council of the
City of Huntington Beach Amending the Classification Plan to Add the Position of Deputy City
Engineer. "
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12115/97 - City Council/Redevelopment Agency Minutes - Page 23
(CITY COUNCIL) ADOPTED RESOLUTION NO. 97-90 - SALARY AND BENEFIT CHANGE -
CITY TREASURER - Adopted Resolution No. 97-90 - "A Resolution of the City Council of the
City of Huntington Beach Modifying Salary And Benefits For Fiscal Years 1997198 And
1998199 For Elected City Treasurer." Provides for an increase in salary for the elected City
Treasurer of 2% on December 27, 1997 and 2% on December 28, 1996 as outlined in Exhibit
B to said Resolution.
(CITY COUNCIL) ADOPTED RESOLUTION NO. 97-87 SETTING THE SALARY AND
BENEFITS OF THE ELECTED CITY CLERK - Adopted Resolution No. 97-87 - "A Resolution
of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Elected
City Clerk." Provides the same percentage salary increase and fringe benefits as are
requested for appointed department heads. Range 523E ($6,357.87 per month) effective
December 27, 1997 and Range 527E ($6,486.13 per month) effective December 27, 1998.
CONSENT CALENDAR - ITEMS REMOVED
Councilmember Bauer requested that the following three items which he had requested be
removed from the consent calendar for separate consideration be taken together:
(City Council) Consent For Pending Sale Of A 1.0 Acre Property - To Paul H. Geii By M. S.
Vickers, LLC - n1s Corner Of Clay Avenue And Gothard (Crystal) Street - APN 111-140-34
AND 35 - Holly-Seacliff Development Agreement Area
(City Council) Consent For Pending Sale Of Tentative Tract No. 15531 - To John Laing
Homes (California), Inc. By PLC Land Co. - Cape Ann - Holly-Seacliff Development
Agreement Area - Promenade Parkway And Seagate Drive
(City Council) Consent For Pending Sale Of Tentative Tract No. 14355 By PLC Land
Company To Polygon Communities, Inc. And Seacliff Ventures, L.P. (Manning Homes) -
The Bluffs - N1W Corner Of Garfield/ Edwards Street In The Holly-Seacliff Development
Agreement Area
Councilmember Bauer stated his concern regarding the reimbursement district issue on these
three pending sales of properties. He questioned the feasibility of directing a letter to the
developer regarding the developer's obligation to insure that purchasers are not mislead.
Acting City Administrator Silver reported. Community Development Director Fallon informed
Council that letters of advice to the purchasers were being sent by the Community
Development Department.
A motion was made by Bauer that Council approve the recommended action for the three
aforementioned consent for pending sales.
Councilmember Harman questioned what are the legal remedies especially as applies to the
developers who are purchasing land from PLC Company, if PLC Company does not put in the
infrastructure. Acting City Administrator Silver responded to Councilmember Harman and
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commented on the issues including the Fire Department's concern and the city's ability to "Red
Tag" the project.
City Attorney Hutton stated that she believed the time has come for the city to require bonding.
She stated that conditions could be inserted in approval of the tracts.
Councilmember Garofalo stated that he believed a comprehensive report should be made by
staff to the City Council covering what the Development Agreement requires regarding
infrastructure; how much PLC has actually funded and completed and to show what is the
balance.
The Acting City Administrator reported that the Annual Compliance Report on the Holly-Seacliff
Development Agreement will be before the Planning Commission in January and before the
City Council immediately thereafter. He also reported on the upcoming scheduled reports from
the Public Works Department relative to the reimbursement agreement and the excess
reservoir capacity issue, Development Agreement status, dollar issue, as well as the tract map
bonding requirements mentioned by the City Attorney.
Discussion was held regarding the obligation of PLC Company for the building of the
infrastructure and the water reservoir. City Attorney Hutton reported further.
Acting City Administrator Silver concurred with Councilmember Bauers contention that on the
Consent For Pending Sale-Geil/M. S. Vickers is subject to the infrastructure even though
technically not under the reimbursement issue. Councilmember Bauer stated the importance
of recognizing that PLC must build the reservoir and that the issue on the reservoir is
reimbursement.
Following discussion between the City Council and the City Attorney, a motion was made by
Bauer, second Harman to approve the recommended action for the aforementioned three
Consent For Pending Sale of Properties three items as follows and on condition that the
appropriate bonding conditions are made for infrastructure and the water reservoir.
(City Council) Consent For Pending Sale Of A 1.0 Acre Property - To Paul H. Geil By M. S.
Vickers, LLC - n/w Corner Of Clay Avenue And Gothard (Crystal) Street - APN 111-140-34
And 35 - Holly-Seacliff Development Agreement Area
(City Council) Consent For Pending Sale Of Tentative Tract No. 15531 - To John Laing
Homes (California), Inc. By PLC Land Co. - Cape Ann - Holly-Seacliff Development
Agreement Area - Promenade Parkway And Seagate Drive
(City Council) Consent For Pending Sale Of Tentative Tract No. 14355 By PLC Land
Company To Polygon Communities, Inc. And Seacliff Ventures, L.P. (Manning Homes) -
The Bluffs - N1W Corner Of Garfield/ Edwards Street In The Holly-Seacliff Development
Agreement Area
Discussion was held.
The Fire Chief reported on the fire station and water reservoir issues including design and
boundaries.
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12/15/97 - City Council/Redevelopment Agency Minutes - Page 25
The City Attorney clarified the remedies available for the water reservoir issue stating that her
recommendation is that a security bond on the cost of building the reservoir be required.
Community Development Director Fallon responded to Mayor Dettloff regarding the issue of
the Annual Development Agreement Compliance Report.
Fire Chief Dolder reported on the Fire Department's needs. Discussion was held regarding the
amount of time allowed by the Development Agreement relative to the reservoir requirement.
The City Attorney informed Council that the Development Agreement does not require
reimbursement to be determined prior to reservoir construction. She spoke regarding her
recommendation for a security bond.
Bill Holman, PLC Land Company, informed Council that PLC Company is asking to work with
the city to come up with a financing strategy for all of the infrastructure. He informed Council
that PLC knows it is obligated to proceed with design and construction of the reservoir upon
the city's acquisition of the site. He stated that the buyer is very aware of their obligations and
those of PLC. Discussion was held regarding the M. S. Vickers property.
In response to Councilmember Harman, Mr. Holman concurred that the Development
Agreement requires that PLC will proceed with the construction of the reservoir
notwithstanding the fact that there may not be agreement on the reimbursement process and it
may go to arbitration.
The City Clerk repeated the motion made by Bauer, second Harman to approve the
aforementioned three Consent For Pending Sale of Properties on condition that the
appropriate bonding conditions are made for infrastructure and the water reservoir.
City Attorney Hutton recommended the following wording be inserted in the recommended
action following the words "pursuant to Section 4.2 of the Holly-Seacliff Development
Agreement - and conditioned upon approval of the Public Works Director of a security bond for
the development of the water reservoir and remaining infrastructure."
The motion made by Bauer, second Harman FAILED by the following roll call vote:
AYES: Harman, Bauer, Sullivan
NOES: Julien, Green, Dettloff, Garofalo
ABSENT: None
A motion was made by Garofalo, second Julien to approve the items as recommended with the
requirement that the Acting City Administrator provide a detailed report and plan for the
infrastructure and water reservoir improvements by January 20, 1998.
Councilmember Harman spoke regarding the Dahl Company development in the city some
years ago where infrastructure was never done. He stated he hoped this would not again
occur.
The motion was made by Garofalo, second Julien to approve the following items as
recommended:
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(City Council) Consent For Pending Sale Of A 1.0 Acre Property - To Paul H. Geil By M. S.
Vickers, LLC - nlw Corner Of Clay Avenue And Gothard (Crystal) Street - APN 111-140-34
And 35 - Holly-Seacliff Development Agreement Area - 1. Pursuant to Section 4.2 of the
Holly-Seacliff Development Agreement, approve the request by MS Vickers II, LLC for the City
Council to provide consent for the pending sale of a 1.0 acre property located at the northwest
corner of Clay Avenue and Gothard (Crystal) Street, APN 111-140-34 and 35 to Paul H. Geil;
and 2. Authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of
Property and the Assumption of Rights, Duties, and Obligations by and between the City of
Huntington Beach, MS Vickers 11, L.L.C. and Paul H. Geil and to record same with the County
Recorder, with the requirement that the Acting City Administrator provide a detailed report and
plan for the infrastructure and water reservoir improvements by January 20, 1998.
(City Council) Consent For Pending Sale Of Tentative Tract No. 15531 - To John Laing
Homes (California), Inc. By PLC Land Co. - Cape Ann - Holly-Seacliff Development
Agreement Area - Promenade Parkway And Seagate Drive - 1. Pursuant to Section 4.2 of
the Holly-Seacliff Development Agreement, approve the request by PLC Land Company for
the City Council to provide consent for the pending sale of the property known as Tentative
Tract No. 15531 to John Laing Homes (California), Inc.; and 2. Authorize the Mayor and City
Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of
Rights, Duties and Obligations by and between the City of Huntington Beach, John Laing
Homes (California), Inc., and PLC and to record same with the County Recorder with the
requirement that the Acting City Administrator provide a detailed report and plan for the
infrastructure and water reservoir improvements by January 20, 1998.
(City Council) Consent For Pending Sale Of Tentative Tract No. 14355 By PLC Land
Company To Polygon Communities, Inc. And Seacliff Ventures, L.P. (Manning Homes) -
The Bluffs - NIW Corner Of Garfield/ Edwards Street In The Holly-Seacliff Development
Agreement Area - 1. Pursuant to Section 4.2 of the Holly-Seacliff Development Agreement,
approve the request by PLC for the City Council to provide consent for the pending sale of the
property known as Tentative Tract No. 14355 to Polygon Communities, Inc., and Seacliff
Ventures, L.P. (Manning Homes); and 2. Authorize the Mayor and City Clerk to execute the
Certificates of Consent to Sale of Property and the Assumption of Rights, Duties and
Obligations by and between the City of Huntington Beach, Polygon Communities, Inc., and
PLC, and Seactiff Ventures. L.P., and PLC and to record same with the County Recorder with
the requirement that the Acting City Administrator provide a detailed report and plan for the
infrastructure and water reservoir improvements by January 20, 1998.
The motion carried by the following roll call vote:
AYES: Julien, Green, Dettloff, Sullivan, Garofalo
NOES: Harman, Bauer
ABSENT: None
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(CITY COUNCIL) FUNDS FOR THE PIER PLAZA AUTOMATED PARK AND PAY
OPERATION - MAIN STREET AND PACIFIC COAST HIGHWAY - APPROPRIATION
APPROVED
The City Council considered a communication from the Community Services Director
recommending approval and appropriation of funds for the Pier Plaza Automated Park And
Pay Operation located at Main Street and Pacific Coast Highway.
Councilman Garofalo stated that he hoped the technology for the Automated Park and Pay
Operation had improved and the machine will work well. Community Services Director Hagan
reported.
Councilmember Bauer spoke regarding the need to insure that the concessionaires of both
near and far proximity to the plaza are treated equally in the parking provisions.
A motion was made by Bauer, second Garofalo to approve an amendment to the fiscal year
1997/98 Budget to allocate $350,000 from the General Fund ($225,000 to Account No. E-AA-
CS-346-6-70-00 and $125,000 to Account No. E-AA-CS-346-3-90-00) to: A. Purchase
Computerized Ticket Dispenser Parking System to be utilized in the Pier Plaza Park and Pay
Lots; B. Design and Install a Planned Directional Sign Program for the Pier Plaza Park and
Pay Lots; and, C. Provide a service contract for maintenance and operation of the Automated
Park and Pay Pier Plaza Lots.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) AWARD OF CONSTRUCTION CONTRACT TO CONSOLIDATED WASTE
INDUSTRIES, INC. FOR CLEANING OF 54" STORM DRAIN LINE - MSC-392 - W1S
GOTHARD STREET - BETWEEN WARNER AND SLATER AVENUES AUTHORIZED
The City Council considered a communication from the Public Works Director regarding the
award of a construction contract to Consolidated Waste Industries for cleaning of a storm line
on the west side of Gothard Street between Warner and Slater Avenues - MSC-392.
Public Works Director Jones reported to Council on the maintenance of the storm drain line.
A motion was made by Bauer, second Harman to 1. Accept the low responsive/responsible
bid of $195,747 submitted by Consolidated Waste Industries, Inc. for the cleaning of the 54"
Storm Drain Line - MSC-392 on the west side of Gothard Street between Warner and Slater
Avenues; 2. Authorize the project budget of $250,000 to cover contract costs of $195,747, a
change order budget of $48,936 and incidental expenditures not to exceed $5,317; and
3. Approve the attached sample contract, excluding the requirement of Performance, Labor
and Material and Warranty Bonds, and authorize the Mayor and City Clerk to execute the final
contract subject to the acceptance of the low bid submitted by Consolidated Waste Industries,
Inc.
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The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) ADOPTED RESOLUTION NO. 97-88 TO MODIFY CERTAIN BENEFITS
AND SALARY FOR NON -REPRESENTED EMPLOYEES
The City Council considered a communication from the Deputy City Administrator -
Administrative Services Director transmitting Resolution No. 97-88 which would modify certain
benefits and salary for non -represented employees.
At the request of Councilmember Garofalo the Acting City Administrator reported on the types
of city positions covered by this resolution.
A motion was made by Garofalo, second Julien to adopt Resolution No. 97-88 - `°A Resolution
of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Fiscal
Years 1997198 and 1998199 for Non -Represented Employees" Modifies Resolution No. 6567
and establishes benefits and salary adjustments for Non -Represented employees; and
2. Appropriate $48,806 to pay the increased salary and benefit costs for 1997/98.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) APPROVED CONTRACT WITH PROFESSIONAL NETWORKING
CONSULTANTS, INC. FOR INSTALLATION OF DATA COMMUNICATIONS HARDWARE/
SOFTWARE AND SOFTWARE LICENSE AND SUPPORT AGREEMENT AND WAIVED
PROFESSIONAL LIABILITY INSURANCE
The City Council considered a communication from the Acting Assistant City Administrator -
Fire Chief recommending approval of a contract with Professional Networking Consultants,
Inc., for installation of data communications hardware/software license and support agreement.
Councilmember Bauer asked Acting City Administrator Silver if he is satisfied that the waiver of
insurance is warranted. The Acting City Administrator responded to Councilmember Bauer
that Administration and the City Attorney's Office are working on an insurance waiver process.
He stated that he is satisfied with the insurance waiver on this particular contract.
A motion was made by Bauer, second Harman to approve the following actions:
1. Approve and authorize Mayor and City Clerk to execute the Agreement between the City of
Huntington Beach and Professional Networking Consultants, Inc. for Software Licensing and
Support, Installation of Hardware/Software and Purchase of Hardware; 2. Waive the
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professional liability insurance requirement and 3. Approve and authorize the Fire Chief to
execute the Software License and Support Agreement.
The motion carried by the following roll call vote:
AYES: Harman, Green, Dettloff, Bauer, Sullivan,
NOES: None
ABSENT: Julien, Garofalo (out of the room)
The Fire Chief reported on Councilmember Harman's question regarding issues relative to
purchase and replacement of equipment.
(CITY COUNCIL) ADOPTED RESOLUTION NO.97-91 - APPROVED THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY AND THE MUNICIPAL EMPLOYEES
ASSOCIATION
The City Council considered a communication from Deputy City Administrator - Administrative
Services Director Franz transmitting Resolution No. 97-91 - Approval Of The Memorandum Of
Understanding Between The City And The Municipal Employees Association.
In response to Councilmember Garofalo, the Acting City Administrator and Deputy City
Administrator - Administrative Services Director Franz reported on the proposed resolution
including the number of employee positions covered by this agreement and the various groups
that cover the remaining employees. Acting City Administrator Silver, at the request of
Councilmember Garofalo, reported on provisions of the proposed Memorandum of
Understanding.
A motion was made by Garofalo, second Julien, to adopt Resolution No. 97-91 - "A
Resolution of the City Council of the City of Huntington Beach Approving and Implementing the
Memorandum of Understanding Between the Municipal Employees Association and the City of
Huntington Beach for 12/2 719 7 - 12131199."
The motion carried by the following roll call vote. -
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
(a
(CITY COUNCIL) ADOPTED RESOLUTION NO. 97-OT - BENEFIT AND SALARY CHANGE -
CITY ATTORNEY
The City Council considered a communication from the City Attorney recommending the
adoption of Resolution No. 97-5 Benefit And Salary Change - City Attorney.
40
The following late communication had been announced earlier in the meeting by the City Clerk:
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Substitution of a new Exhibit B for the Agenda Item relative to Benefit and Salary Change -
City Attorney
Councilmember Bauer stated that he wished to clarify with the City Attorney that the new
Request for Council Action and resolution as announced earlier in the meeting are the
documents on which the City Attorney is requesting that Council take action. The City Attorney
responded that Councilman Bauer's assumption is correct.
A motion was made by Bauer, second Harman, to adopt Resolution No. 97-8Y- "A Resolution
of the City Council of the City of Huntington Beach Modifying Salary and Benefits For Elected
City Attomey. "
The motion carried by the following roll call vote:
AYES: Harman, Green, Dettloff, Bauer, Sullivan,
NOES: None
ABSENT: Julien, Garofalo (out of the room)
(CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3378 - SEX ORIENTED
(ADULT) BUSINESS ORDINANCE - ZONING TEXT AMENDMENT NO. 97-4 - PUBLIC
HEARING CLOSED ON NOVEMBER 17, 1997
The City Council considered a communication from the Community Development Director
transmitting for City Council approval Zoning Text Amendment (ZTA) No. 97-4 amending the
applicable chapters of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO)
regulating sex oriented (adult) businesses (SOB). The agenda item was continued from the
November 17, 1997 and December 1, 1997 meetings to allow the City Attorney's Office to
respond to written communications received at the November 17, 1997 meeting.
Applicant: City of Huntington Beach 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 and 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 Chapter 204, Use Classifications; Chapter 211, Commercial
Districts; Chapter 212, Industrial Districts; Chapter 231, Off -Street Parking and Loading
Provisions; and Chapter 236, Nonconforming Uses and Structures.
The City Council had been provided with a communication from Roger Diamond, Attorney
representing Rosalie Taddeo, owner of Paradise Specialties, dated December 4, 1997,
requesting clarification of the proposed ordinance and its possible impact on Paradise
Specialties.
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Deputy City Attorney Fields presented a slide report titled Zoning Text Amendment listing four
recommended straw votes for Council's consideration. He commented on the letter received
from G. Randall Garrou dated December 12, 1997 on this subject which had been announced
earlier during the meeting by the City Clerk. The letter is regarding suggested revisions to
proposed Ordinance No. 3378 in light of the pending litigation - Talbert And Beach
Incorporated vs. City of Huntington Beach.
Ed Kerins, Chairman of the Planning Commission, presented the rationale for the Planning
Commission's recommendations on this item.
Discussion was held between Council and Deputy City Attorney Fields regarding provisions of
the proposed ordinance.
The City Clerk reported that the overhead referred to by Deputy City Attorney Fields (slide
report) is available through her office. She stated this slide report corrected the recommended
action which appeared in the Request for Council Action dated December 15, 1997.
STRAW VOTES TAKEN BY THE COUNCIL
Straw Vote No. 1 - Distance requirement between Sex Oriented Businesses.
A motion was made by Sullivan, second Harman, to approve the distance separation of 750
feet between Sex Oriented Businesses (original staff recommendation). The motion carried by
the following straw vote:
AYES: Julien, Green, Sullivan, Garofalo
NOES: Harman, Dettloff, Bauer,
ABSENT: None
Straw Vote No. 2 - Allowable And Visible Signing For A Sex Oriented Business
A motion was made by Sullivan, second Garofalo, to approve the following: that provision of
the smallest allowable sign (monument) visible from a major, primary or secondary arterial
street (modified staff recommendation).
The motion carried by the following roll call straw vote:
AYES: Julien, Harman, Green, Sullivan, Garofalo
NOES: Dettloff, Bauer
ABSENT: None
Straw Vote No. 3 - Notification Of Application Submittal
A motion was made by Sullivan, second Garofalo, to approve the following: prior to application
submittal for staff review, that applicant shall cause notice to be mailed to property owners
within one thousand feet of the proposed location of the Sex Oriented Business and publish
the notice of application submittal in a local newspaper of general circulation. (Planning
Commission and modified staff recommendation).
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The motion made by Sullivan, second Garofalo, carried by unanimous straw vote.
Straw Vote No. 4 - Notification Of Director's Decision
A motion was made by Sullivan, second Garofalo, that no notification of the Director's decision
be required (modified staff recommendation).
The motion carried by the following roll call straw vote:
AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo
NOES: Bauer
ABSENT: None
A motion was made by Sullivan, second Green, to approve introduction of Ordinance No. 3378
Zoning Text Amendment No. 97-4 as amended by the aforementioned straw votes with
findings as listed in Attachment No. 1 to the Request for Council Action dated
December 15, 1997 as follows:
Findings For Approval:
Zoning Text Amendment No. 97-4 to amend the Huntington Beach Zoning and Subdivision
Ordinance Chapter 204, Use Classifications, Chapter 211, Commercial Districts, Chapter
212, industrial Districts, Chapter 231, Off -Street Parking and Loading Provisions, and
Chapter 236, Nonconforming Uses and Structures regulating sex oriented (adult)
businesses is consistent with the objectives, policies, general land uses and programs
specified in the General Plan.
(a) The zoning text amendment is consistent with the goals and policies of the Land Use
Element of the General Plan. ZTA No. 97-4 will allow sex oriented businesses in the
Industrial Districts subject to locational and distance requirements to sensitive uses,
other sex oriented businesses and existing industrial land uses in the Industrial
Districts. ZTA No. 97-4 provides a zoning review process and regulations which
address issues of adequate setbacks, building heights, parking, landscaping, signing,
etc.
2. A community need is demonstrated for the change proposed. The proposed amendments
provides the zoning provisions necessary to regulate sex oriented (adult) businesses. The
City Council, in adopting ZTA No. 97-4 takes legislative notice of the existence and content
of the following studies concerning the adverse secondary side effects of Sex Oriented
Businesses in other cities: Garden Grove, California (1991); Tucson, Arizona (1990);
Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986);
Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982 and 1992);
Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978);
Amarillo, Texas (1977); Cleveland, Ohio (1977); Los Angeles, California (1977); Dallas,
Texas (1997). The City Council finds that these studies are relevant to the problems
addressed by the City in enacting this ordinance to regulate the adverse secondary side
effects of Sex Oriented Businesses, and more specifically finds that these studies provide
convincing evidence that:
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(a) Sex Oriented Businesses are linked to increases in the crime rates in those areas in
which they are located and in surrounding areas.
(b) Both the proximity of Sex Oriented Businesses to sensitive land uses and the
concentration of Sex Oriented Businesses tend to result in the blighting and
deterioration of the areas in which they are located.
(c) The proximity and concentration of Sex Oriented Businesses adjacent to residential,
recreational, religious, educational and other Sex Oriented Business uses can cause
other businesses and residences to move elsewhere.
(d) There is substantial evidence that an increase in crime tends to accompany,
concentrate around, and be aggravated by Sex Oriented Businesses, including but not
limited to an increase in the crimes of narcotics distribution and use, prostitution,
pandering, and violence against persons and property. The studies from other cities
establish convincing evidence that Sex Oriented Businesses which are not regulated as
to permissible locations often have a deleterious effect on nearby businesses in
residential areas, causing, among other adverse secondary effects, an increase in
crime and a decrease in property values.
3. The adoption of ZTA No. 97-4 will be in conformity with public convenience, general
welfare and good zoning practice. Based on the foregoing, the City Council of the City of
Huntington Beach finds and determines that special regulation of Sex Oriented Businesses
is necessary to ensure that their adverse secondary side effects will not contribute to an
increase in crime rates or to the blighting or deterioration of the areas in which they are
located or surrounding areas. The need for such special regulations is based upon the
recognition that Sex Oriented Businesses have serious objectionable operational
characteristics, particularly when several of them are concentrated under certain
circumstances or located in direct proximity to sensitive uses such as parks, schools,
churches, thereby having a deleterious effect upon the adjacent areas. It is the purpose
and intent of these special regulations to prevent the concentration of Sex Oriented
Businesses and thereby prevent such adverse secondary side effects.
(a) The locationai requirements established by this ordinance do not unreasonably restrict
the establishment or operation of constitutionally protected Sex Oriented Businesses in
the City of Huntington Beach, and a sufficient reasonable number of appropriate
locations for Sex Oriented Businesses are provided by this ordinance.
(b) In developing this ordinance, the City Council has been mindful of legal principles
relating to regulation of Sex Oriented Businesses and does not intend to suppress or
infringe upon any expressive activities protected by the First Amendments of the United
States and California Constitutions, but instead does enact content -neutral time, place,
and manner regulations that effectively address the adverse secondary effects of Sex
Oriented Businesses. The City Council, has considered decisions of the United States
Supreme Court regarding local regulation of Sex Oriented Businesses, including but not
limited to: Young v. American Mini Theaters. Inc., 427 U. S. 50 (1976) Reh. Denied 429
U. S. 873; Renton v; Playtime Theaters, 475 U. S. 41 (1986) Reh. Denied 475 U. S.
1132; FW/PBS. Inc. v. Dallas, 493 U. S.215 (1990); Barnes v. Glenn Theater, 111 S.Ct.
2456 (1991); United States Court of Appeals 9th Circuit decisions, including but not
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limited to: Topanga Press. et al. v. City of Los Angeles, 989 F.2d 1524 (1993); several
California cases including but not limited to: City of National City v. Wiener, 3 Cai.4th
832 (1992); People v. Superior Court (Lucero) 49 Cal.3d 14 (1989); and City of Vallejo
v. Adult Books, et al., 167 Cal.App.3d 1169 (1985); and other federal cases including
Lakeland Lounge v. City of Jacksonville (5th Cir. 1992) 973 F.2d 1255, Hang On. Inc. v.
Arlington (5th Cir. 1995) 65 F.3d 1248, Mitchell v. Commission on Adult Entertainment
(3rd Cir. 1993)10 F.3d 123, International Eateries v. Broward County (11th Cir. 1991)
941 F.2d 1157, and Star Satellite v. City of Biloxi (5th Cir. 1986) 779 F.2d 1074.
(c) Zoning, licensing and other police power regulations are legitimate, reasonable means
of accountability to help protect the quality of life in the community of Huntington Beach
and to help assure that all operators of Sex Oriented Businesses comply with
reasonable regulations and are located in places that minimize the adverse secondary
effects which naturally accompany the operation of such businesses.
(d) The City Council of the City of Huntington Beach recognizes the possible harmful
effects on children and minors exposed to the effects of such Sex Oriented Businesses
and the deterioration of respect for family values, and the need and desire of children
and minors to stay away from and avoid such businesses, which causes children to be
fearful and cautious when walking through or visiting the immediate neighborhood of
such businesses; and the City Council desires to minimize and control the adverse
secondary side effects associated with the operation of Sex Oriented Businesses and
thereby protect the health, safety, and welfare of the citizens of Huntington Beach;
protect the citizens from increased crime; preserve the quality of life; preserve property
values and the character of surrounding neighborhoods and businesses; deter the
spread of urban blight and protect against the threat to health from the spread of
communicable and sexually transmitted diseases.
4. The above referenced studies, particularly the Garden Grove study completed in 1991,
indicate that the appropriate minimum distance to mitigate the harmful secondary effects of
sex oriented businesses is 1,000 feet. However, the existing land use pattern and zoning
districts in the City of Huntington Beach do not provide any areas where sex oriented
businesses can locate at least 1,000 feet away from a residential zones as well as from
other sensitive uses such as parks, schools and churches and synagogues. In particular,
the commercial zone where sex oriented businesses are presently permitted allows for only
a 200 foot minimum distance between the lot line of residential zoned property and the
building of the sex oriented business. While the current zoning allows for a sufficient
number of sites to meet constitutional standards, it places sex oriented businesses too
close to residentially zoned property, and in particular, permits the parking lot of such
businesses to be adjacent to the residential property even though the building may be 200
feet away. The above referenced studies and court cases indicate that frequently, the
pernicious behaviors associated with sex oriented businesses, such as sex related crimes,
and narcotics use, occurs in the parking lot of these businesses.
5. In order to better mitigate the harmful secondary effects of sex oriented businesses and
still meet constitutional standards for providing an adequate number of sites available to
sex oriented businesses, the zoning district in which sex oriented businesses are to be
allowed has been moved to the industrial zone of the City. While still providing a sufficient
number of sites to meet constitutional standards, the City was only able to increase the
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distance between residential properties and other sensitive uses from sex oriented
businesses to 500 feet, measured from lot line to lot lime. This form of measurement takes
into account the parking area of sex oriented businesses. Although it does not meet the
750 foot distance requirement recommended by most studies, the Council finds that in the
industrial zone, the large industrial buildings located in between the sensitive uses and the
sex oriented businesses provide additional buffering between the uses. Further, in order to
provide reasonable alternative avenues of communication for sex oriented uses, the City
has reviewed the parcels that would be permitted to be used for sex oriented businesses,
and has identified certain lots that are only a few feet less than 500 feet from sensitive
uses. In these cases, although the lots do not meet the minimum 500 foot separation, by
approving a map identifying such lots, the City is permitting sex oriented businesses to
locate on these lots based on the expectation that the large industrial buildings will help
mitigate the loss of the few feet short of the minimum distance separation.
6. Because adverse secondary effects are not mitigated as effectively at 500 feet from
sensitive uses as they are at 750 or 1,000 feet, in order to further mitigate the adverse
effects, the City is requiring that any building facing major, primary and secondary arterials
that houses a sex oriented business, must have the facade or entrance of the sex oriented
business facing a different direction.
7. In order to further mitigate the harmful secondary effects of sex oriented businesses, the
ordinance establishes an amortization period for nonconforming uses currently occupying
locations in the commercial zones of the City. Although case law allows such uses to be
amortized in one year or less, the ordinance permits a three year amortization period with
possible one-year extensions (maximum extensions of five years) based on sufficient
evidence of extreme hardship.
Councilmember Bauer stated that he would vote no on the proposed ordinance as he believes
it is not as restrictive as it should be.
Following a reading by title by the City Clerk of Ordinance No. 3378, the motion made by
Sullivan, second Green, carried by the following roll call vote:
AYES: Julien, Harman, Green, Sullivan, Garofalo
NOES: Dettloff, Bauer
ABSENT: None
(CITY COUNCIL) APPROVED TRANSFER OF $1.8 MILLION TO CITY'S WORKERS'
COMPENSATION SELF INSURANCE FUND AND LIABILITY SELF INSURANCE FUND
The City Council considered a communication from Deputy City Administrator- Administrative
Services Franz informing Council that due to the continuing economic recovery, 1996/97
revenues from ongoing and one-time sources exceeded estimates as documented in the
recently distributed Quarterly Budget Report. Staff recommends that the amount of the fund
balance exceeding the budget estimates be transferred to replenish the depleted reserves and
the Workers' Compensation and Liability Self Insurance Funds.
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Acting City Administrator Silver and Deputy City Administrator/Administrative Services Director
Franz presented a staff report.
A motion was made by Green, second Julien, to approve the transfer from the General Fund
Reserve of $1,000,000 to the City's Workers' Compensation Self Insurance Fund and
$800,000 to the Liability Self Insurance Fund.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo
NOES: None
ABSENT: Bauer (out of the room)
(CITY COUNCIL) DIRECTION PROVIDED BY COUNCIL TO STAFF REGARDING ZONING
TEXT AMENDMENT - GENERAL PLAN AMENDMENT AND LOCAL COASTAL AMENDMENT
REQUEST - PACIFIC COAST HIGHWAY - GAS STATION AND MINI MART
The City Council considered a communication from the Community Development Director
transmitting a request from Dean O. Gregg, property owner and applicant for a proposed
convenience market with gas sales at 2200 Pacific Coast Highway at Goldenwest Street, for
the City Council to direct staff to initiate and process a Local Coastal Program Amendment
(LCPA) to redesignate the subject property from Visitor Serving Commercial to Residential.
Community Development Director Fallon presented a staff report.
Councilmember Garofalo spoke regarding this item. He stated that this item would be
appearing before the California Coastal Commission and requested that staff give the
applicant all necessary assistance.
A motion was made by Garofalo, second Green, to accept the letter from Dean O. Gregg,
property owner and applicant, dated November 13, 1997, and direct Community Development
Department staff to initiate and process the Local Coastal Program Amendment to redesignate
the property at 2200 Pacific Coast Highway as well as other commercially designated
properties on Pacific Coast Highway north of Ninth Street for residential purposes and further
directed staff to work with the applicant in every way possible throughout the zoning process.
The motion carried unanimously.
(CITY COUNCIUREDEVELOPMENT AGENCY) ADOPTED CITY COUNCIL RESOLUTION
NO. 97-82 . ADOPTED - REDEVELOPMENT AGENCY RESOLUTION NO. 285 - ACCEPTED
AND ADOPTED THE 1997 INVESTMENT POLICY
The City Council considered a communication from the City Treasurer transmitting the Annual
Statement of Investment Policy to the legislative body for acceptance.
City Treasurer Freidenrich presented a slide report.
A motion was made by Garofalo, second Harman, to approve the following actions:
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Approve the Investment Policy for the City of Huntington Beach for the years 1997/1998,
and
2. Adopt City Council Resolution No. 97-82 - "A Resolution of the City Council of the City of
Huntington Beach Providing the Annual Fiscal Year 1997/1998 Investment Policy", and
3. Adopt Redevelopment Agency Resolution No. 285 - A Resolution of the Redevelopment
Agency of the City of Huntington Beach Approving the Annual Fiscal Years 199711998
Investment Policy"
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) APPROVED CREATION OF A NEW PILOT TELEVISION PROGRAM
PRODUCED BY HBTV3 - "HOT TOPICS"
The City Council considered a communication from Councilmember Bauer, City Council Cable
Committee Member, recommending the creation of a monthly television program on HBTV3
which would provide a forum for discussion of topics that would be of interest to local viewers.
There is funding for seven pilot programs from January, 1998 to July, 1998.
Councilmember Bauer spoke regarding the type of program he envisions.
A motion was made by Bauer, second Green, to approve the creation of a monthly television
program on HBTV3 entitled Hot Topics which would provide a forum for discussion of topics of
interest to local viewers. The motion carried unanimously.
(CITY COUNCIL) APPROVED REQUEST FROM COUNCILMEMBER BAUER FOR UPDATED
REPORT - BOLSA CHICA AREA - WATER AND OTHER SERVICES - ENVIRONMENTAL
IMPACT REPORT (EIR) REQUIREMENTS - PROPOSED WATER PIPELINE
The City Council considered a communication from Councilmember Bauer requesting an
updated report on the Bolsa Chica, in particular the supply of water and other services and
Environmental Impact Report (EIR) for proposed water pipeline.
A motion was made by Bauer to direct staff to prepare a report for the City Council regarding
an update of issues relating to the Bolsa Chica area to include supply of water and other
services and Environmental Impact Report requirements for proposed water pipeline; that the
report include some fairly complete discussion as to where the city stands, an update, and
what are the city's rights under what is being proposed.
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Councilmember Bauer spoke regarding the reasons why he believed an updated report is
necessary.
Discussion was held.
Acting City Administrator Silver stated that in response to earlier public comments there is
nothing occurring on this matter that staff has knowledge of that the City Council does not.
Acting City Administrator Silver stated that he wished to make this fact clear.
Councilmember Harman made a second to Councilmember Bauer's motion.
Councilmember Harman requested that the Acting City Administrator's report include
information as to the manner in which the lead agency is to be determined. He stated that he
believes the City should be the lead agency. Councilmember Harman requested information
on how the city will obtain the necessary information relative to an application of the Bolsa
Chica Mutual Water Company being formed by Koll Company, as the company may not yet
exist.
Councilmember Harman requested the report to include information on the Public Utilities
Commission consent issue as he had received material in this regard.
Acting City Administrator Silver stated that staff is not discussing with Koll the matter of
providing city water.
Councilmember Harman stated that he would like information provided in the report regarding
LAFCO requirements. Acting City Administrator Silver reported in this regard and stated that a
staff meeting had been scheduled with LAFCO.
Councilmember Green stated that he would like to know what the staff process is in handling
such requests and requested that all such requests be handled equally.
Councilmember Garofalo requested that the process relative to digging up streets by other
agencies be investigated.
Councilmember Sullivan requested that information be provided in the report relative to the
time when the City of Fountain Valley was requested by an outside agency to give permission
for a pipeline to be placed through their city.
Mayor Dettloff reported on her conversation with a county staff member regarding whether a
negative declaration or an Environmental Impact Report will be prepared for the proposed
waterline. The Mayor stated that she had requested that she or a city staff member be
included in the tour of the line. The Mayor requested that all of the correspondence be
reviewed together with the legal ramifications of this matter.
Community Development Director Fallon reported at the request of Councilmember Harman on
how it seems to have been determined that the County is the lead agency. Community
Development Director Fallon reported that there are three different California Environmental
Quality Act and permitting processes required.
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12/15/97 - City CouncillRedevelopment Agency Minutes - Page 39
The motion made by Bauer, second Harman, was amended to include detailed direction to
staff to prepare a report on the money issues involved in this subject including that the issue of
delivery of water to the Bolsa Chica project is primary and the pipeline is secondary and
information regarding the definition of this project.
The motion carried by unanimous vote.
(CITY COUNCIL) APPROVED COUNCILMEMBER BAUER'S REQUEST FOR REPORT
REGARDING CASH FLOW FROM DOWNTOWN PARKING STRUCTURE - CONSULTANT
TO DEFINE HOW TO MAXIMIZE INCOME TO PARKING STRUCTURE - PREPARE
FINANCIAL PROGRAM
The City Council considered a communication from Councilmember Bauer requesting that a
report be prepared relative to the cash flow from the downtown parking structure.
Following discussion, a motion was made by Bauer, second Harman, to direct staff to prepare
a report for the City Council on the downtown parking structure regarding cash flow retention
of an expert to define how the city can maximize income to the parking structure and to
prepare a financial program by June 1, 1998 for the parking structure which covers debt
service, all maintenance and operations cost, and sufficient income to provide capital in the
event that other parking facilities must be constructed to deal with downtown parking issues -
as outlined in the communication from Councilmember Bauer dated December 10, 1997. The
motion carried by unanimous vote.
(CITY COUNCIL) REQUEST BY COUNCILMEMBER GAROFALO TO SCHEDULE CITY
COUNCIL MEETINGS AT LOCATIONS OUTSIDE CITY HALL CONDITIONALLY APPROVED
BY COUNCIL
Thhtj•Counc' &( nsidered a corn munication-from Councilmember Dave Garofalo dated
December 5, 1997 recommending'-toat Council consider scheduling at least two City Council
meetings in 1.998 outside of City Halt -
A motion was made by Garofalo, second Julien, to consider scheduling at least two City
Council meetings in 1998 to be held outside of City Hall, the first at Edison High School to
accommodate special needs of south east Huntington Beach residents and perhaps a second
at either Goldenwest College, Marina High School or Ocean View High School; in either case,
designing the agenda with issues pertaining to the geographics of each area would be helpful.
Councilmember Sullivan informed Council that he would like to know the cost to the public for
television coverage, as it is difficult to provide off -site and does not result in a quality product.
He requested that Councilmember Garofalo delay his request until Deputy City Administrator
Barnard can return with a cost report. Mayor Dettloff asked if Councilmember Garofalo could
delay his request until the Council workshop is held as there has been discussion about
another Community Outreach Program. Councilman Garofalo stated that he believes more
new faces are needed to be seen at the podium. Councilmember Harman stated his
reservations on the matter due to past efforts, however; he applauded Councilmember
Garofalo's goal to raise attendance at meetings.
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Page 40 - Council/Agency Minutes - 12/15/97
Councilman Garofalo and Councilmember Julien amended their motion to include the provision
that the scheduling would be subject to budget being presented by staff and input received at
the planned City Council workshop. The motion carried by the following roll call vote:
AYES:
Julien, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES:
Harman
ABSENT:
None
ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY
The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency
of the City of Huntington Beach at 12:02 a.m. to Monday, January 5, 1998, at 5:00 p.m., in
Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex -off icio Clerk of the City
Council of the City of Huntington Beach,
and Clerk of the Redevelopment Agency of the
City of Huntington Beach California
ATTEST:
- y . — - V/,-� sdeza�
City Clerk/Cierk MayorlChairman
415