The URL can be used to link to this page

Home My WebLink About1997-12-15MINUTES 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 376 Page 2 - Council/Agency Minutes - 12/15/97 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. 377 12/15/97 - City CouncillRedevelopment Agency Minutes - Page 3 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) 378 Page 4 - Council/Agency Minutes - 12/15/97 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. 379 12/15197 - City CounciURedevelopment Agency Minutes - Page 5 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. 380 Page 6 - Council/Agency Minutes - 12115/97 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. . 381 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. 382 Page 8 - Council/Agency Minutes - 12115/97 (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 385 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 387 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. 388 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 9.. 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. 390 Page 16 - Council/Agency Minutes - 12/15/97 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. 391 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. 392 Page 18 - Council/Agency Minutes - 12/15/97 (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. 4*1 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) 394 Page 20 - CouncillAgency Minutes - 12/15/97 (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. 395 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. 396 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. " 397 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 398 Page 24 - Council/Agency Minutes-12/15/97 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. 399 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: 400 Page 26 - Council/Agency Minutes - 12/15/97 (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 401 12/15/97 - City Council/Redevelopment Agency Minutes - Page 27 (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. 402 Page 28 - Council/Agency Minutes - 12/15/97 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 403 12/15/97 - City Council/Redevelopment Agency Minutes - Page 29 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: 404 Page 30 - Council/Agency Minutes - 12/15/97 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. 405 12115197 - City Council/Redevelopment Agency Minutes - Page 31 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). 406 Page 32 - Council/Agency Minutes - 12/15197 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: 407 12115197 - City Councit[Redevelopment Agency Minutes - Page 33 (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 408 Page 34 - Council/Agency Minutes - 12/15197 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 409 12115197 - City Council/Redevelopment Agency Minutes - Page 35 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. 410 Page 36 - Council/Agency Minutes - 12115197 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: 411 12/15/97 - City Council/Redevelopment Agency Minutes - Page 37 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. 412 Page 38 - Council/Agency Minutes - 12/15/97 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. 413 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. 414 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