HomeMy WebLinkAbout1998-03-16MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
5:00 PM - Room B-8
7:00 PM - Council Chamber
Huntington Beach, California
Monday, March 16, 1998
An audio tape recording of the 5:00 p.m. portion
of this meeting and a video tape recording of the 7:00 p.m. portion
of this meeting are on file in the Office of the City Clerk.
CALL TO ORDER
Mayor 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 COUNCIUREDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Dettloff, Bauer, Sullivan, Garofalo
Absent: None (Harman arrived 5:20 p.m., Green arrived 5:10 p.m.)
(CPAB) CITIZEN PARTICIPATION ADVISORY BOARD ROLL CALL:
Present: Richardson, Phillips, DeMers, Allison, Armendariz, Cohen, Jeffes, Lebow, Lewis,
Zisakis
Absent: Stanton, Thatcher
(CITY COUNCIL) STUDY SESSION - (CDBG) COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING -1998 ANNUAL ALLOCATIONS PROCESS (340.70)
The City Council considered a communication from Economic Development Director Biggs
transmitting the Citizen Participation Advisory Board preliminary recommendations (Attachment
1) for the 1998/99 Action Plan for the Community Development Block Grant Program. Also
transmitted are the Council General Guidelines and Priorities for the 1998/99 Action Plan as
adopted on December 16, 1997 (Attachment 2).
David Biggs, Economic Development Director, presented a communication titled, "1998/99
Action Plan Summary - CDBG".
PUBLIC COMMENTS REGARDING STUDY SESSION AND CLOSED SESSION AGENDA
ITEMS
RICK TRAVIS, California Elwin, stated that a lot of emphasis was put on collaboration between
groups at the orientation meetings. He asked for special consideration since California Elwin
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and Oakview Community Center collaborated. He asked for start-up funds and stated that
once the program is started he was confident he could raise funds from other sources to have a
full program.
MAX MADRID, Director of Gang Prevention, Community Services Program, requested funding.
He stated they are based at Oakview Elementary School and work closely with schools,
community and probation officers.
LUIS OCHOA, stated he was with the Huntington Beach Police Department and was present to
speak on behalf of the Community Services Program. He stated that the gang prevention work
by Community Services in the Oakview area has made positive changes and he recommended
the continued use of CSP.
Police Chief Ron Lowenberg spoke on behalf of Community Services Program. Because of
complaints from mothers about the safety of the Oakview Community Center in the late
afternoon due to gangs, he stated that the Oakview Action Plan was developed and the area
has been made safer. He stated that Huntington Beach does not have the problems with gangs
as do other communities because of the Community Services Program. He urged Council and
CPAB to reconsider funding to CSP.
David Biggs, Economic Development Director, presented a brief overview using the "1998/99
Action Plan Summary - CDBG".
Carol Runzel, Assistant Project Manager, Economic Development Department, explained the
revised handout and what the different categories represented.
Considerable discussion was held between Council and the Citizen Participation Advisory
Board regarding proposed allocation of funding. .
ROY RICHARDSON, CPAB Chairman, in response to Mayor Dettloff's inquiry explained the
process the CPAB used to select the programs to receive grant money. He stated that there
were site meetings at the various organizations. He also stated that another aspect of
consideration is the ability of the organization to raise additional funding.
Councilwoman Julien expressed her concerns about the Boys & Girls Club -Teen Program
receiving a lessor amount of funding than the previous year.
STAN COHEN, CPAB member, explained that part of the group's reasoning for allocating funds
is to give less money to more groups instead of larger amounts of funds to fewer groups, thus
hoping to reach a greater number of people with the grant funds.
Councilman Bauer expressed concern regarding the use of 15 months instead of a 12-month
fiscal year as it would pertain to the grant amount.
Acting City Administrator Silver suggested that a meeting take place within the next week
between the Mayor, the Citizen Participation Advisory Board Chairman and the staff liaisons to
review the fiscal year as it pertains to the grant amount and to fully document the implications.
Councilman Sullivan requested a brief written report on CPAB's rationale on selecting grant
allocations and a brief description of the various funded items.
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Councilman Garofalo stated he believed that funds should be allocated to groups that serve the
largest number of people.
In response to Councilman Garofalo's inquiry, Police Chief Lowenberg explained additional
uses that funding would provide for the Community Service Program.
Councilman Bauer stated that as the Citizen Participation Advisory Board had been given the
authority to prioritize allocation of the funds and staff is in agreement with their decisions, he
would be reluctant to make any changes as it would require CPAB to reconsider the entire list.
In closing, Mayor Dettloff stated that if Council is to impact the decision of the Citizen
Participation Advisory Board that those changes be discussed with the CPAB Chairman so that
the proper actions can be taken before the Council meeting. She stated if the chairman does
not hear from Council, then he can assume the direction CPAB is going is correct. She asked
the chairman to contact her if there were any changes so that the necessary steps to resolve
the issue could be taken before the meeting.
Mayor Dettloff thanked the Citizen Participation Advisory Board for their hard work for this year
and the past years.
MOTION TO RECESS TO CLOSED SESSION
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 unanimous vote.
Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its
designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire,
Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the
following employee organizations: Marine Safety Officers Association, Police Officers'
Association, 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 54956.8 to give
instructions to the Agency's 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: Both.
Subject: Waterfront Lease Renegotiations (400.50)
Closed Session - City Council pursuant to Government Code Section 54956.9(c) to confer with its
attorney regarding pending litigation. (Based on existing facts and circumstances, the legislative
body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Subject:
Civil Injunction Spa of Hawaii. (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 Dahl/Shugart vs. City of Huntington Beach - United States District
Court, Case No. SACV91-475AHS. Subject: Dahl/Shugart vs. City of Huntington Beach. (120.80)
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Closed Session - City Council pursuant to Government Code Section 54956.9(b)(3)(B) to confer
with its attorney regarding pending litigation. (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: Tomaso
Wysokinski (400.50)
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 Franks v. City of Huntington Beach - Orange County
Superior Court Case No. 78 22 68. Subject: Franks v. City of Huntington Beach. (120.80)
RECONVENE
Mayor Dettloff reconvened the regular meetings of the City Council and Redevelopment
Agency in the Council Chamber at 7:32 p.m.
CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
Absent: None
The City Attorney reported that there were no actions taken by the City Council or
Redevelopment Agency in Closed Session that require a reporting on those actions as required
by law (Government Code 54957.1 (a) (3) (B)).
FLAG CEREMONY AND PLEDGE OF ALLEGIANCE
The flag ceremony and Pledge of Allegiance were led by Evelyn Huang, Marina High School
student.
INVOCATION
Pastor Mike Vaughn of St. Peters by the Sea Presbyterian Church, Huntington Beach.
CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON
THE AGENDA
Pursuant to the Brown (Open Meetings) Act, City Clerk Brockway announced the following late
communications regarding Agenda Items which had been received following distribution of the
agenda:
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City Clerk Brockway announced an error on the City Council Agenda - Page 10 - regarding the
item pertaining to the budget appropriation and interfund loan related to Huntington Beach
Union High School District and the item pertaining to Resolution No. 98-19 Revised Conflict of
Interest Code. She stated that a paragraph in the latter item belonged in the item regarding the
Huntington Beach Union High School District
City Treasurer's Slide Report
Communication from Bob and Jean Polkow dated March 16,1998 regarding their
recommendation to eliminate the item placed on the agenda by Councilmember Garofalo
relative to Labor Relations
Communication dated March 16,1998 to Mayor Dettloff and City Council from Economic
Development Director Biggs titled, Subject. Alternative Action for agenda item F-1 (Approve
Budget Appropriation and Interfund Loan For Contractual Obligations Related to Huntington
Beach Union High School District (Development Of Portion Of Ocean View High
School/Wintersburg Site)
PRESENTATION - Of a contribution for the City Gym and Pool to Mayor Dettloff, Community
Services Director Ron Hagan and Dave Dominguez, Director, City Gym and Pool from Tony.
Gonzalez, Huntington Beach High School graduate who is now playing with the Kansas City
Chiefs and his parents Michael and Judy Saltzman. Tony Gonzalez due to illness was unable
to be present. (160.40)
PRESENTATION - Commendation by Mayor Dettloff, to Mr. Sean Collins and
Surfline/Wavetrak for the accurate surf forecasting which has resulted in helping the city's
Marine Safety Division of Community Services Department to be better able to meet the safety
needs of the public in the most cost effective manner. Also present was Ron Hagan,
Community Services Director. (160.40)
PRESENTATION - Certificate of Achievement by Mayor Dettloff to Marina High School Student
Representatives, Evelyn Huang and Chris Shanley on behalf of Dr. Pete Snetsinger a
Certificate of Achievement for Marina High School's "We The People" teams whose members
won their Congressional District, defeating six other Congressional Districts, and winning the
right to compete in Sacramento. They finished fourth in the State Competition. It is the first
time a Marina High School Team has made it to the final four with the privilege of competing in
the finals in the State Capitol building. Marina's Team 5 was named Best in the State. (160.40)
PRESENTATION - Commendation by Mayor Dettloff to Marina High School Girls Waterpolo
Team for wining the Inaugural CIF, Southern Section, Division 1 Championship on March 2,
1998. Accompanying the Team are Head Coach Dave Carlson, Assistant Coaches Matt
Mauser and Chad Roberts, Athletic Director Larry Doyle and Marina High School Principal Dr.
Carol Osbrink. (160.40)
MAYOR'S AWARD - Mayor Dettloff announced that it was her pleasure to present the Mayor's
Award to Rich Barnard, Deputy City Administrator -Public Information Officer. She cited Mr.
Barnard's exemplary service to the Human Relations. Commission as well as numerous other
endeavors throughout Mr. Barnard's long service to the city.
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PUBLIC COMMENTS
DAVID LUDWIN, Director of Engineering, Orange County Sanitation Districts, presented a slide
report regarding projects of the Consolidated Sanitation Districts of Orange County that will
impact the City of Huntington Beach. The slide report covered strategic plan, treatment plant
improvements, County communications tower, commercial nursery lease, landscaping, and
ocean outfall improvements. (The slide report was presented to City Clerk Brockway following
the Council meeting.)
Mayor Dettloff on behalf of the City Council thanked Mr. Ludwin for his presentation.
MAUREEN RIVERS, addressed Council regarding the various upcoming events at the Newland
House. Ms. Rivers invited the Council and audience to the 100 year anniversary celebration of
the Newland House.
ARLINE HOWARD, addressed Council regarding the problem of the height of a new garage
being built next door to her residence. She requested that the City Council look into this issue.
Ms. Howard presented three communications regarding this issue. The communications are
from (Pat and Nick Ames dated March 16,1998), (La Vergne Rosow dated March 16,1998 and
(Jerry and Margarita Galich - undated).
In response to Mayor Dettloff, Planning Director Zelefsky stated that the Community
Development Department would supply Council at the next meeting with the report that they
prepared for the Planning Commission at its last meeting.
NANCY DONAVEN, Bolsa Chica Land Trust, addressed Council in support of the City
Administrator's item on the agenda relative to his recommendation regarding Koll Company
application to the U.S. Army Corps of Engineers for permits relative to the Bolsa Chica area.
She stated that the Bolsa Chica Land Trust Members believe it is important for the city to
request that the U.S. Army Corps of Engineers elevate Koll Company's request from a
Nationwide Permit to an Individual Permit request so that the city will have an opportunity for
input. She stated the importance that the city should have an opportunity to comment on the
U.S. Army Corps of Engineers plan as well. Ms. Donaven requested that the U.S. Army Corps
of Engineers be requested to wait until the Coastal Commission decision is in place.
DAVID CARLBERG, President, Amigos de Bolsa Chica, read a letter the Amigos de Bolsa
Chica plans to send to the U.S. Army Corps of Engineers regarding the review by the Amigos
de Bolsa Chica of the preliminary plans for the storm drains that will empty into the outer Bolsa
Bay of the Bolsa Chica. The letter referred to two reasons for which the Amigos de Bolsa Chica
believes this approach to be completely unacceptable.
A copy of Dr. Carlberg's letter dated March 16, 1998, was provided to City Clerk Brockway
following the Council Meeting.
JIM HICKS, addressed Council and stated his opinion that if it is not necessary for the city to
have traffic improvement mitigation that the money should not be taken away from the
developers. Mr. Hicks stated his opposition to certain employee positions being included in the
proposed Conflict of Interest Code and distributed his communication listing said positions to
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the City Council. He stated that he believed these positions should be eliminated from the code
as they do not have the type of potential conflict as do other positions listed in the proposed
code.
VALERIE GLASS, requested that the City Council let stand the decision of the Community
Services Commission regarding the Tarbox Park play equipment. She informed Council that
the nearest location for children to play in such playground equipment is six miles away. Ms.
Glass spoke regarding the petition which was signed by persons in opposition who represent 41
homes. She stated that this petition was circulated before the plans were formed. She
informed Council that the petition she gathered has persons listed on it who had changed their
mind from their previous position in opposition.
KATHY BONACINI, distributed a design to scale of the play equipment at Tarbox Park. She
spoke regarding the reasons why the playground equipment will not pose a problem to the
neighborhood. The designs were presented to City Clerk Brockway.
JAN VANDERSLOOT, representing Bolsa Chica Land Trust, requested that the letter proposed
to be sent by Acting City Administrator Silver relative to Koll Company's application for permits
in the Bolsa Chica area be strengthened to include the city's ability to make meaningful
comments and to make recommendations. He stated that one way this can be accomplished is
to elevate the Nationwide Permit to an Individual Permit. He requested that the City Council
also ask that any permit action be delayed until a Coastal Permit is approved; and that the
U.S. Army Corps of Engineers be requested to re -exert its authority over the Mesa because of
the linkage made by outfall structures.
MARIANNE PIERSON, Communication Officer, City of Huntington Beach, stated her concern
regarding what she believes is lack of Council support for the Police Department. She
presented examples of the problems involved and requested that the Council put their biases
aside and support the Police Department salary negotiations.
WENDY MELLO, requested that traffic signs which say Speed Limit 25 m.p.h. - Please Obey
Speed Limit and Save a Child Please Slow Down be placed on Bolsa Chica Street at Wakiki
Lane where there is a school with approximately 300 students and also at Sisson Street where
Village View School with 500 students is located. She stated that such signs are located where
you turn left from Heil Avenue on to Saybrook and also are posted on Davenport, Humbolt and
Trinidad Islands as well as streets leading off Saybrook. Ms. Mello also addressed Council
regarding police response to a situation where residents mistakenly hired a tree service to
remove a troublesome pine tree in front of their home. She stated that there are 235 uniformed
officers in the city of 190,000 and that she believes they have far more important business to
take care of than tree problems. She submitted a copy of the letter from the resident showing
that payment had been made to the city for the unauthorized removal of the tree.
GERALD CHAPMAN, addressed Council regarding the item on the agenda relative to the
budget appropriation and interfund loan to the Huntington Beach Union High School District.
He requested information on a number of related topics including how much money is left in the
Traffic Impact Mitigation Fee Fund. Mr. Chapman questioned how the city can ask the citizens
to pay for infrastructure improvements when funds designated for such improvements are
planned to be loaned for tennis courts.
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BRUCE SPENCER, Fire Captain, spoke regarding the presentation by Councilmember Sullivan
at the last meeting regarding employee salaries. He stated that a debate will be held on the
matter between Councilmember Sullivan and himself in the Council Chamber this Wednesday
evening.
BRIAN KNORR, Police Officer, informed Council of his opposition to what he believes is the
position on safety issues taken two Councilmembers. He spoke regarding police officers
leaving city employment for other agencies.
IRWIN FEUERSTEIN, Police Officer, presented a slide report in rebuttal to the slide report on
police salaries shown by Councilmember Sullivan at the last Council meeting. He stated that
the CPI is not the issue; that the issue is competitive salaries.
CHRIS TATAR, spoke regarding deficiencies in the Police Department including the problem of
low morale. He spoke regarding two officers lost to other agencies and that 15 other officers
are seeking employment in other agencies. He spoke regarding problems being encountered
by the Police Department in the performance of their duties.
JAMES MULLER, Police Officer, stated the areas where he believes the report presented by
Councilmember Sullivan is in error relative to police officers salaries. He spoke regarding the
difficult conditions under which police officers work and the fact the average life expectancy of a
police officer is 57 years old.
HOWARD SUBNICK, spoke regarding the staffing crisis in the Police Department. He spoke
regarding the budget cuts suffered by the Police Department.
STEVE STAFFORD, addressed Council regarding his solutions to the Police Department issue.
JOHN BORGES, Police Officer, informed Council why he believes the public safety agencies
are on a very slippery slope. He spoke regarding the sterling service provided to the citizens by
the Police Department. Officer Borges stated that a greater than 2% salary increase is
warranted.
Councilmember Sullivan stated he respects the Police Department and has never belittled the
Police Department. He stated that he looks forward to the debate. Councilmember Sullivan
stated that his remarks were that the police have kept up with the CPI and that he does not
believe this is employee bashing.
Councilmember Julien presented a slide report in response to public comments made on the
Police Department salary issue. The slide report is titled Brief Response to Public Comments.
City Clerk Brockway announced Councilmember Julien's report is available at her desk per the
Brown Act.
Councilmember Sullivan spoke regarding the need to solve the salary negotiation issue and not
continue to use the consultants.
Councilmember Bauer requested that Acting City Administrator Silver to look at the issues in
Councilmember Julien's report particularly the manpower issue. Councilmember Bauer stated
that at the next meeting he would place this issue on the Council Agenda.
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COUNCIL COMMITTEE — COUNCIL LIAISON REPORTS
There were no Council Committee or Council Liaison reports presented.
(CITY COUNCIL) NEIGHBORHOOD PRESERVATION PROGRAM AND NUISANCE HOUSE
MANAGEMENT (570.60)
The City Council considered a communication from Acting City Administrator Silver regarding
the City's Nuisance Task Force that focuses multi -department resources on problem areas in
residential and commercial areas. A summary of their activities, along with a description of the
city's latest effort to refocus city efforts in this area is included.
Acting City Administrator Silver reviewed his communication and the supporting material.
Councilmember Bauer requested that the MRP's be placed in their Council boxes rather than in
the binders.
(CITY COUNCIL) RESPONSE TO CITY COUNCIL REQUEST FOR MODIFICATION OF CITY
STREET SWEEPING PROCESS (800.10)
The City Council considered a report and recommendation from Acting Public Works Director
Smith, prepared pursuant to City Council direction at its February 17, 1998 Council meeting
regarding returning to twice a month street sweeping city-wide and related issues.
Acting City Administrator Silver requested Don Noble, Maintenance Operations Manager, to
report.
Don Noble presented a review of the report titled Response To City Council Request for
Modification of City Street Sweeping Process.
Councilmember Garofalo spoke at length regarding aspects of the report including where it fits
in the City's priority list and funding mechanism.
Further report was made by Acting City Administrator Silver.
Councilmember Sullivan spoke regarding other aspects he believes should be studied in this
issue to help reach a decision.
Discussion was held by Council..
A motion was made by Garofalo, second Julien to direct Acting City Administrator Silver at his
option, discretion and timing to present his recommended plan regarding this issue.
Acting City Administrator Silver stated that he would report regarding once per month vs. twice
per month street sweeping and return to the City Council regarding what other cities are doing.
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The motion made by Garofalo, second Julien carried by the following roll call vote:
AYES:
Julien, Harman, Green, Dettloff, Bauer, Garofalo
NOES:
Sullivan
ABSENT:
None
(CITY COUNCIL) REPORT RE: STATUS OF KOLL COMPANY APPLICATION TO U.S.
ARMY CORPS OF ENGINEERS FOR PERMITS TO CONSTRUCT DRAINAGE
STRUCTURES DISCHARGING TO THE BOLSA CHICA WETLANDS - AMENDED LETTER
TO BE RETURNED FOR COUNCIL APPROVAL (440.60)
The City Council considered a communication from Acting City Administrator Silver in response
to Council's direction for staff to report on the Koll Company application to the U.S. Army Corps
of Engineers for a "Nationwide Permit" for six (6) outfall structures which would carry surface
runoff from the proposed Bolsa Chica Mesa Development to points of discharge into Outer
Bolsa Bay, the lowlands pocket area and the Warner Avenue Pond. The applications were
submitted in the name of the county as well as Koll Company, as these facilities would become
the responsibility of the county upon dedication by Koll Company. Drafts of proposed letters to
be sent by the City to the U.S. Army Corps of Engineers and other agencies included for
Council's review. Draft letter included from Acting City Administrator to John Sibley, Public
Facilities and Resources Department Director requesting assistance to the city in coordinating
planning and development in the Bolsa Chica area.
Robert Fisher, Executive Director of the Friends of Harbors, Beaches and Parks, Inc.,
presented a staff report. He stated that he believed that the recommendations from the citizens
during public comments were generally appropriate and recommended their inclusion in the
draft letters.
Councilmember Sullivan stated that he believes the letters would be more appropriately sent by
Mayor Dettloff rather than Acting City Administrator Silver. Councilmember Sullivan read a
proposed letter to the Army Corps of Engineers which he proposed for Mayor Dettloff's
signature.
A motion was made by Sullivan, second Harman to approve the following recommended action:
Approve the proposed letter to the U.S. Army Corps of Engineers: Subject: Permit Application
for Development at Bolsa Chica in the Huntington Beach Area, as amended by including the
revisions to text presented by Councilmember Sullivan as follows:
As a result of action taken by the City Council regarding the Nationwide 7 Permit sought for the
Bolsa Chica Mesas' drainage structures, the City Council urges that:
(1) The Army Corps of Engineers should raise the Nationwide Permit to the level to and.
Individual Permit so that the City can have input into the process.
(2) The processing of any permit should be delayed until the project receives California Coastal
Commission approval.
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(3) Regarding the Bolsa Chica Mesa Drainage structures, the City has the following concerns:
1. Degradation of the visual quality of the bluff face visible from Pacific Coast Highway due
to the large structures themselves and the bluff stabilization work required.
2. Disturbance to wetlands and wildlife habitat from the placement of structures in wetlands
and the water quality and velocity of water to be discharged into the wetlands.
3. Potential water quality impacts for the Bolsa Chica Wetlands and Huntington Harbour
(we recognize that redirecting runoff to other discharge points is likely to result in the
waters ultimately entering into the Wetlands and Huntington Harbour anyway).
(4) The City of Huntington Beach completely surrounds the Bolsa Chica, therefore it is essential
that the City have input into this matter
and
Approve the proposed letter to the Koll Real Estate Group - Subject: Development Permit
Applications, and authorize staff to forward to the appropriate agencies when signed by
Mayor Dettloff.
Robert Fisher, Executive Director of the Friends of Harbors, Beaches and Parks, Inc.,
responded to Councilmember Garofalo's questions on the issue.
In response to Mayor Pro Tern Green, Robert Fisher, Executive Director, Friends of Harbors,
Beaches and Parks, Inc., stated the comments from the public that he believes could be put in
the letter as follows:
(1) That the City have the opportunity to comment on the Permit rather than just being notified
of the Permit.
(2) Remind the U.S. Army Corps of Engineers that the Local Coastal Plan (LCP) for this area
has not been approved.
(3) There should be statements objecting to the ecological effects of the water emptying into
the Outer Bolsa Bay.
(4) The U.S. Army Corps of Engineers should seek to re -exert jurisdiction to the full Mesa.
Further discussion was held.
Councilmember Garofalo presented reasons why he believed the annexation issue should be
moved forward. He requested that the letter be returned at the next meeting for approval by
Council.
A motion was made by Sullivan, second Harman that the letters as amended by
Councilmember Sullivan and the comments from the public as stated by Mr. Fisher be returned
for Council approval and that in the meantime a letter be sent by Mayor Dettloff, when prepared
by Mr. Fisher, that advises the U. S. Army Corps of Engineers that a letter is to provided to
them regarding Council's concerns. The motion carried unanimously.
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(CITY COUNCIL) REVIEWED AND ACCEPTED CITY TREASURER'S JANUARY, 1998
INVESTMENT SUMMARY REPORT (310.20)
The City Council considered a communication from City Treasurer Freidenrich transmitting the
January, 1998 Monthly Investment Summary Report for City Council review and acceptance.
City Treasurer Freidenrich presented a staff report.
Earlier in the meeting, City Clerk Brockway had announced that the following communication on
this item had been provided to the City Council: City Treasurer's Slide Report
Following review of the report, a motion was made by Green, second Harman to accept the
Monthly Investment Summary Report for January, 1998, 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: Harman, Green, Dettloff, Bauer, Sullivan,
NOES: None
ABSENT: Garofalo, Julien
(CITY COUNCIL) PUBLIC HEARING - THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITY DEVELOPMENT
AUTHORITY FOR DIX METALS, INC. FACILITY -14701 ABLE LANE - ADOPTED
RESOLUTION NO. 98-22 AND RESOLUTION NO. 98-23 - AMENDED AND RESTATED
JOINT EXERCISE OF POWERS AGREEMENT (330.30)
Mayor Dettloff announced that this was the meeting set for a public hearing to consider the
following:
Public hearing concerning the issuance and sale by the California Statewide Communities
Development Authority of its Weekly Adjustable/Fixed Rate Industrial Development Revenue
Bonds in an aggregate principal amount not expected to exceed $6,000,000. Proceeds of the
Bonds are to be loaned by the CSCDA to Dix Metals, Inc. or any successors or assigns thereto
pursuant to a loan agreement. The proceeds of the Bonds to be loaned to the Borrower will be
applied to finance the acquisition, construction and equipping of a manufacturing facility or
facilities which will be located at 14701 Able Lane, Huntington Beach and will be used for the
production of pre -machined metal and plastic blanks. The Facilities will be owned and operated
by the Borrower. The Bonds will be paid entirely from repayments from the Borrower under the
Loan Agreement. Neither the faith and credit nor the taxing power of the City, the CSCDA, the
State of California or any other political corporation, subdivision or agency of the State is
pledged to the payment of the principal of, premium, if any, or interest on the Bonds, nor shall
the City, the State or any other political corporation, subdivision or agency of the State be liable
or obligated to pay the principal of, premium, if any, or interest on the Bonds.
The Public Hearing is intended to comply with the public approval requirements of Section
147(f) of the Internal Revenue Code of 1986.
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Notice is further given that the Borrower has filed an application with the California Statewide
Communities Development Authority in connection with the proposed issuance of the Bonds to
finance the Facilities, and reference is hereby made to such application for further particulars.
Economic Development Director Biggs presented a staff report.
Legal notice had been provided through the Economic Development Department.
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 Garofalo, second Green to approve the recommended action:
Adopt Resolution No. 98-22 - "A Resolution of the City Council of the City of Huntington Beach
Approving the Issuance of Not -To -Exceed $6.0 Million Aggregate Principal Amount of Industrial
Development Revenue Bonds (Dix Metals, Inc. Project)."
and
Adopt Resolution No. 98-23 - "A Resolution of the City Council of Huntington Beach
Approving, Authorizing and Directing the Execution of an Amended and Restated Joint Exercise
of Powers Agreement Relating to the California Statewide Communities Development Authority.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
.. CONSENT CALENDAR - ITEMS REMOVED
The following items were requested by Councilmembers to be removed from the Consent
Calendar for separate consideration:
Advertising and re -bidding for sale of surplus property - four lots on Alabama Street
Agreement for labor relations services - Consultant - Liebert, Cassidy and Frierson, attorneys at
law
Bus stop accessibility project improvements - CC-1053 - Ranco Corporation and file notice of
completion
Support Huntington Beach Union High School District Board Of Trustees Renaming
Westminster High School Stadium The Bill Boswell Stadium - Resolution No. 98-21
Third Amendment To Contract With Psomas And Associates For IIMP (Integrated Infrastructure
Management Program) Services - Modification To Insurance Provisions
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Amendment To The Table Of Organization By Adding A Half -Time Permanent Code
Enforcement Officer
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, Sullivan, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the
minutes of the City Council/Redevelopment Agency regular meeting of February 17, 1998 and
the adjourned regular meeting of February 18, 1998 as written and on file in the Office of the
City Clerk. (120.65)
(CITY COUNCIL) AMENDED PROFESSIONAL SERVICES AGREEMENT WITH CONCEPT
MARINE ASSOCIATES FOR CONSULTANT CONSTRUCTION MANAGEMENT - PIER
PLAZA PROJECT - CC-1029 - 1. Approved an amendment to the agreement which extends
Concept Marine Associates professional services to better coincide with the Pier Plaza
construction completion date; and 2. Approved the transfer of $30,000 from the Pier Plaza,
CC-1029, construction contingency, account number E-CL-PC-029-6-39-00, to the professional
construction management contingency, account number E-CL-PC-029-3-90-00; and
3. Authorized the increase in the construction management contingency from $30,045 to $60,045,
and authorized the Director of Public Works to expend an additional $30,000 in construction
management contingency; and 4. Approved the total transfer of $170,651 of SB 821 Regional
Funding, of which $83,071 is from E-BE-PW-898-7-25-00 and $87,580 is from E-BL-PW-875-7-25-
00, to the Pier Plaza revenue account R-CL-PC-029-9-03-00. (600.20)
CITY COUNCIL) ADOPTED RESOLUTION NO. 98-18 - AMEND THE CITY'S
CLASSIFICATION PLAN - Adopted Resolution No. 98-18 - "A Resolution of the City Council
of the City Of Huntington Beach to Amend the City Classification Plan by Adding a New
Classification Entitled Leadworker Water Meters and Deleting the Classifications of Leadworker
Water, Leadworker Water Meter Repair, and Service Representative." (700.10)
(CITY COUNCIL) ANNOUNCEMENT OF APRIL 6, 1998 PUBLIC HEARING ON
RECREATIONAL PARKING ZONE AMENDMENT AND INCREASE IN BEACH AND MAIN
PROMENADE PARKING PASS FEES - Approved the following announcement of the plan to
amend the city fee resolution by increasing the fee for beach and Main Promenade parking
passes, and to establish by ordinance a new recreational parking zone. (340.20)
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03/16/98 - City Council/Redevelopment Agency Minutes - Page 15
(CITY COUNCIL) ACCEPTED THE EDISON COMMUNITY PARK RESTROOM AMERICANS
WITH DISABILITIES ACT (ADA) IMPROVEMENTS - CC-1057 - SMC CONSTRUCTION AND
FILE NOTICE OF COMPLETION - Accepted the improvements of the Edison Community Park
Restroom ADA Improvements; CC-1057 completed by SMC Construction at a final cost of
$61,082 and authorize the City Clerk to file a Notice of Completion with the County Recorder's
Office. (600.65)
(CITY COUNCIL) ADOPTED RESOLUTION NO. 98-20 - AUTHORIZING DESTRUCTION OF
CERTAIN CITY RECORDS - OFFICE OF THE CITY TREASURER - Adopted
Resolution 98-20 - "A Resolution of the City Council of the City of Huntington Beach
Authorizing Destruction of Certain City Records." (Records to be destroyed listed on Exhibit
"A".) (170.50)
(CITY COUNCIL) APPROVED AN ENERGY CONSERVATION STUDY/ANALYSIS OF CITY
BUILDINGS - PROFESSIONAL SERVICES CONTRACT WITH ENERGY PACIFIC AND
APPROVE DELETION OF PROFESSIONAL LIABILITY INSURANCE - 1. Approved
Professional Services Contract Between The City Of Huntington Beach And Energy Pacific For
Implementation Of The Energy Retrofit Project and 2. Approved deletion of Professional
Liability Insurance as recommended by the City's Settlement Committee. (600.10)
(CITY COUNCIL) APPROVED THE EXPENDITURE OF CONFISCATED DRUG MONEY FOR
POLICE DEPARTMENT COMPUTER NETWORK MODIFICATIONS - Approved the
appropriation of General Funds and authorized the expenditure of $62,772 for needed
computer network improvements in the Police Department. (320.45)
(CITY COUNCIL) APPROVED FUNDS TO CONDUCT ANALYSIS AND PREPARE REPORT
ON MAIN PROMENADE PARKING STRUCTURE OPERATION - APPROVE BUDGET
AMENDMENT 1. Approved the scope of work for the analysis and report on parking
operations at the Main Promenade Parking Structure; and 2. Approved an amendment to the
current year budget by appropriating $12,000 into Account C-AA-CS-344-3-90-00 from the
General Fund Unappropriated Fund Balance for a consultant to analyze Main Promenade
Parking Structure operations; and 3. Directed staff to develop a contract with a parking
operations consultant, and return to Council for approval of same. (600.10)
(CITY COUNCIL) APPROVED FIRST AMENDMENT TO THE SEPTEMBER 8, 1992
AGREEMENT WITH CASH AND ASSOCIATES - WATER WELL #5 IMPROVEMENTS -
WARNER AVENUE - CC-1059 - APPROVED AMENDED INSURANCE PROVISIONS -
1. Approved and authorized the Mayor and City Clerk to execute the First Amendment To
Engineering Services Contract Between The City Of Huntington Beach And Cash And
Associates, Inc. For Well #5 Improvements - CC-1059) for $114,206; approved the Settlement
Committee recommendations to modify the Indemnification and Hold Harmless paragraph of
the attached contract; and approve a deductible amount of $50,000 for the Professional Liability
Insurance; and 2. Authorized the Director of Public works to expend a total of $127,000
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including the contract costs of $114,206, estimated contingency costs of $11,000 and estimated
supplemental expenditures of $1,794; and 3. Authorized the appropriation of $127,000 from the
Unappropriated Water Fund Balance to account number EW-PW-648-6-31 for the design of
Well #5 Improvements and appurtenant work. (600.10)
(CITY COUNCIL) APPROVED ADVERTISING AND RE -BIDDING FOR SALE OF SURPLUS
PROPERTY - FOUR LOTS ON ALABAMA STREET (650.70)
The City Council considered a communication from Deputy City Administrator-Aministrative
Services Director Franz recommending that Council approve advertising and re -bidding for sale
of the surplus property on Alabama Street.
Deputy City Administrator Franz responded to Councilmember Garofalo, regarding the reasons
for the bid being withdrawn by the bidder.
A motion was made Garofalo, second Julien to direct staff to reinitiate the surplus sale
procedure, advertise and solicit new bids for the Alabama Street property in the minimum
amount of $360,000.
The motion carried by the following roll call vote:
AYES: Julien, Harman, , Dettloff, Bauer, Garofalo
NOES: None
ABSENT: Green , Sullivan
(CITY COUNCIL) APPROVED AGREEMENT FOR LABOR RELATIONS SERVICES -
CONSULTANT - LIEBERT, CASSIDY AND FRIERSON, ATTORNEYS AT LAW (600.10)
The City Council considered a communication from Deputy City Administrator -Administrative
Services Director Franz transmitting a proposed agreement for labor relations services between
the City and Liebert, Cassidy and Frierson Attorneys at law.
Acting City Administrator Silver responded to Councilmember Garofalo regarding provisions in
the agreement for payment per hours worked by the consultant.
A motion was made by Garofalo, second Harman to approve and authorize execution of an
Agreement Between The City Of Huntington Beach And Liebert, Cassidy and Frierson,
Attorneys At Law, For Legal Services Regarding Labor Relations."
The motion carried by the following roll call vote:
AYES:
Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo
NOES:
None
ABSENT:
Green
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03/16/98 - City Council/Redevelopment Agency Minutes - Page 17
(CITY COUNCIL) ACCEPTED THE BUS STOP ACCESSIBILITY PROJECT
IMPROVEMENTS - CC-1053 - RANCO CORPORATION AND DIRECTED FILING OF
NOTICE OF COMPLETION (600.70)
The City Council considered a communication from Acting Public Works Director Smith
recommending acceptance of the bus stop accessibility project improvements and the filing of a
notice completion - CC-1053.
Councilmember Garofalo requested that the OCTA be contacted regarding the placement of
bus stops where household workers going to the Holly-Seacliff Development can access the
buses as he has observed them walking along the road side.
A motion was made by Garofalo, second Sullivan to accept the Bus Stop Accessibility Project
Improvements; CC-1053 completed by Ranco Corporation, and file a Notice of Completion at a
final cost of $43,507.60 and authorized the City Clerk to file a Notice of Completion with the
County Recorder's Office.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: Green
CITY COUNCIL) REQUESTED SUPPORT FOR HUNTINGTON BEACH UNION HIGH
SCHOOL DISTRICT BOARD OF TRUSTEES TO RENAME WESTMINSTER HIGH SCHOOL
STADIUM THE BILL BOSWELL STADIUM - ADOPTED RESOLUTION NO. 98-21 (120.70)
The City Council considered adoption of Resolution No. 98-21 in support of the Huntington
Beach Union High School District Board of Trustees renaming the Westminster High School
Stadium the Bill Boswell Stadium.
Councilmember Garofalo suggested that the sign be prefaced with Westminster "Bill Boswell"
Stadium so that the location of the stadium can be more easily found by visitors.
Councilmember Bauer spoke regarding the contribution of Bill Boswell to the community. He
reported on the request by the school district.
A motion was made by Garofalo, second Julien to adopt Resolution No. 98-21 as amended to
include the words Westminster prior to the words Bill Boswell Stadium- "A Resolution of the City
Council of the City of Huntington Beach Supporting the Renaming of the Westminster High
School Stadium to the Westminster Bill Boswell Stadium by the Huntington Beach Union High
School District."
The motion carried by the following roll call vote:
AYES: Julien, Green, Dettloff, Garofalo
NOES: Harman, Bauer, Sullivan
ABSENT: None
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(CITY COUNCIL) APPROVED THIRD AMENDMENT TO CONTRACT WITH PSOMAS AND
ASSOCIATES FOR IIMP (INTEGRATED INFRASTRUCTURE MANAGEMENT PROGRAM)
SERVICES - AND APPROVED MODIFICATION TO INSURANCE PROVISIONS (600.10)
The City Council considered a communication by Acting Public Works Director Smith
recommending approval of the third amendment to the contract with PSOMAS and Associates
for IIMP (Integrated Infrastructure Management Program) Services and approval of
modifications to insurance provisions.
Councilmember Garofalo spoke regarding the need for a public relations work on this subject.
Acting City Administrator Silver reported.
Rich Barnard, Public Information Officer, informed Council that the Huntington Beach
Independent had a promotion called "catch the spirit' and that the city had placed a generic ad
in the publication.
A motion was made by Harman, second Green to approve the following actions:
1. Appropriate $37,175 for the purpose of support services for the IIMP Citizens Advisory
Committee. 2. Approve and authorize the Mayor and City Clerk to execute the Third
Amendment to the agreement with Psomas and Associates for Professional Consulting
Services to provide support to the IIMP Citizens Advisory Committee; and 3. Approve the
Settlement Committee recommendation to modify the Indemnification and Hold Harmless
paragraph of the attached Agreement.
Further discussion was held regarding the need for the city to contract in the future for the
services of a public relations firm.
The motion carried by the following roll call vote:
AYES: Harman, Green, Dettloff, Bauer, Sullivan
NOES: Julien, Garofalo
ABSENT: None
(CITY COUNCIL) APPROVED AN AMENDMENT TO THE TABLE OF ORGANIZATION BY
ADDING A HALF-TIME PERMANENT CODE ENFORCEMENT OFFICER (700.10)
The City Council considered a communication from Deputy City Administrator -Administrative
Services Director Franz, Community Development Director Fallon and City Treasurer
Freidenrich recommending approval of an amendment to the Table of Organization of
Personnel in the Community Development Department.
At the request of Councilmember Garofalo, Acting City Administrator Silver reported on the
history of the Code Enforcement resources in the Community Development Department.
A motion was made by Harman, second Green to approve an amendment to the Table of
Organization to add a half-time Code Enforcement Officer position within the Community
Development Department.
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03/16/98 - City Council/Redevelopment Agency Minutes - Page 19
The motion carried by the following roll call vote:
AYES:
Julien, Harman, Green, Dettloff, Bauer, Sullivan
NOES:
Garofalo
ABSENT:
None
(CITY COUNCIL) APPROVED AN AMENDED BUDGET APPROPRIATION AND INTERFUND
LOAN FOR CONTRACTUAL OBLIGATIONS RELATED TO HUNTINGTON BEACH UNION
HIGH SCHOOL DISTRICT (DEVELOPMENT OF PORTION OF OCEAN VIEW HIGH
SCHOOL/WINTERSBURG SITE) (600.10)
The City Council considered a communication from Economic Development Director Biggs and
Deputy City Administrator Franz, submitting for Council approval an amended budget
appropriation relative to the Revenue Sharing Agreement with the Huntington Union High
School District for development of a portion of the Ocean View High School/Wintersburg site.
The funds necessary to meet the City's contractual obligations under this agreement were
inadvertently not included in the Fiscal Year 1997/98 Budget. Traffic Impact Fee Priority List
dated March 11, 1998 submitted by the Public Works Director included. (Included is a report
from the Economic Development Director dated March 11, 1998 titled Funding
Rationale/Restrictions Regarding Huntington Beach High Union High School District/Home
Depot Project, together with a Fiscal Impact Statement dated March 10, 1998 prepared by the
Deputy City Administrator -Administrative Services Director.
Acing City Administrator Silver presented a staff report.
Earlier in the meeting, City Clerk Brockway had announced that the following communication on
this item had been provided to the City Council: Communication dated March 16,1998 to Mayor
Dettloff and City Council from Economic Development Director Biggs titled, Subject: Alternative
Action for agenda item F-1 (Approve Budget Appropriation and lnterfund Loan For Contractual
Obligations Related to Huntington Beach Union High School District (Development Of Portion
Of Ocean View High School/Wintersburg Site)
Following discussion a motion was made by Sullivan, second Green to appropriate $385,000 for
the tennis court reimbursement from in the General Fund Balance.
The motion carried by unanimous roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) DEFERRED ADOPTION OF RESOLUTION NO. 98-19 - REVISED
CONFLICT OF INTEREST CODE - REPORT TO BE PREPARED (630.60)
The City Council considered a communication from City Attorney Hutton submitting a revised
Conflict of Interest Code, prepared pursuant to State law, requiring designated employees and
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members of City boards, commissions and committees to file a Statement of Economic Interest.
The designated persons are required to file a Statement upon assuming their position and to
disqualify themselves from participating in decisions or influencing decisions in which they have a
conflict. The last Conflict of Interest Code adopted by the City was Resolution No. 4459, adopted
November 21, 1977. Since then, employee job titles and description have been added, deleted and
changed and it is necessary to update those titles.
The City Council was advised that the incorrect resolution had been transmitted to the City Council
and that continuance is requested.
A motion was made by Green, second Garofalo to continue consideration of adoption of
Resolution No. 98-19 to a future meeting.
Councilmember Bauer requested that staff review the comments made by Mr. Hicks during the
public comments portion of the agenda relative to the applicability of inclusion of certain positions in
the code.
The motion made by Green, second Garofalo carried unanimously.
(CITY COUNCIL) INTRODUCTION OF ORDINANCE NO. 3391 RELATING TO THE FILING
OF STATEMENTS OF ECONOMIC INTEREST BY MEMBERS OF BOARDS,. COMMISSIONS
AND COMMITTEES - DEFERRED TO FUTURE MEETING (640.10)
(CITY COUNCIL) APPROVED FUNDING FOR THE IMPLEMENTATION OF AN
AUTOMATED PERMIT PROCESSING SYSTEM - AQMD (AIR QUALITY MANAGEMENT
DISTRICT) - AB 2766 GRANT FUNDS (340.80)
The City Council considered a communication from Acting Public Works Director Smith,
Community Development Director Fallon and Acting Assistant City Administrator Dolder,
informing Council that in order to improve technology capabilities, improve customer service,
and position the Development Processing System for future technology enhancements, a
request is being made by these departments to use AQMD AB 2766 grant funds to develop and
install a new Automated Permit Processing System.
Fire Chief Acting Assistant City Administrator Dolder presented a staff report.
A motion was made by Garofalo, second Harman to approve an appropriation of $250,000 from
AQMD AB 2766 grant funds to implement a new Automated Permit processing System. The
motion carried by unanimous roll call vote.
(CITY COUNCIL) APPROVED THE EXPANSION OF THE POLICE DEPARTMENT TABLE
OF ORGANIZATION BY SIX POLICE OFFICERS (700.10)
The City Council considered a communication from Chief of Police Lowenberg and Deputy City
Administrator -Administrative Services Director Franz regarding the increase in the last few
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03/16/98 - City Council/Redevelopment Agency Minutes - Page 21
months in the number of vacancies in the Police Department rank of police officer. In order to
increase the number of officers in the field, it is proposed to authorize six (6) additional police
officer positions for the Police Department.
Police Chief Lowenberg presented a staff report including the reasons why six positions are
requested.
Acting City Administrator Silver reported on the issue
Councilmember Harman questioned how this change in the organization is rationalized prior to
the receipt of the audit report. He requested Acting City Administrator Silver to report.
Police Chief Lowenberg stated that he was relatively confident that the report would show that
staffing is needed in patrol and communications. Police Chief Lowenberg clarified why he
believes this is a critical issue. He stated that the ability to select the best candidates from the
Police Academy is very important.
A motion was made by Garofalo, second Green to approve the expansion of the table of
organization in the Police Department by six police officers. The motion carried by unanimous
roll call vote.
(CITY COUNCIL) ADOPTED ORDINANCE NO. 3387 AND CITY INITIATED ZONING MAP
AMENDMENT NO. 97-2 - CHRIST PRESBYTERIAN CHURCH - EAST SIDE OF MAGNOLIA
STREET - BETWEEN ADAMS AVENUE AND MEDITERRANEAN DRIVE - (20112
MAGNOLIA STREET) (450.20)
The City Council considered adoption of Ordinance No. 3387 - "An Ordinance of the City of
Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by
Amending District Map 7 (Sectional District Map 7-6-10) to Rezone the Real Property Generally
Located on the East Side of Magnolia Avenue Approximately 500 Feet South of Adams Avenue
From CG-FP2 and RA-FP2 (General Commercial -Flood Plain Overlay District 2 and Residential
Agriculture -Flood Plain Overlay District 2) (Zoning Map Amendment No. 97-2)."
A motion was made by Sullivan, second Garofalo to adopt Ordinance No. 3387, following a
reading by title by the City Clerk, "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Zoning and Subdivision Ordinance by Amending District Map 7 (Sectional
District Map 7-6-10) to Rezone the Real Property Generally Located on the East Side of
Magnolia Avenue Approximately 500 Feet South of Adams Avenue From CG-FP2 and RA-FP2
(General Commercial -Flood Plain Overlay District 2 and Residential Agriculture -Flood Plain
Overlay District 2) (Zoning Map Amendment No. 97-2)."
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
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(CITY COUNCIL) - ADOPTED ORDINANCE NO. 3388 - GENERAL DAY CARE AND ZONING
TEXT AMENDMENT NO. 97-3 (450.20)
The City Council considered adoption of Ordinance No. 3388 - Zoning Text Amendment
No. 97-3 "An Ordinance of the City of Huntington Beach Amending Section 210.04 of the
Huntington Beach Zoning and Subdivision Ordinance Pertaining to General Day Care Uses."
City Clerk Brockway informed Council of a typographical error on the agenda and read the
complete title of the ordinance for Council's information.
A motion was made by Garofalo, second Green to adopt Ordinance No. 3388, following a
reading by title by the City Clerk, "An Ordinance of the City of Huntington Beach Amending
Section 210.04 of the Huntington Beach Zoning and Subdivision Ordinance Pertaining to
General Day Care Uses."
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) ADOPTED ORDINANCE NO. 3389 - CITY INITIATED ZONING MAP
AMENDMENT NO. 97-3 - ZONE CHANGE - NORTHWEST CORNER BUSHARD STREET
AND INDIANAPOLIS AVENUE - 20471 BUSHARD STREET (450.20)
The City Council considered adoption of Ordinance No. 3389 "An Ordinance of the City of
Huntington Beach Zoning and Subdivision Ordinance Amending District Map 7 (Sectional
District Map 7-6-10) to Rezone the Real Property Generally Located on the Northwest Corner of
Indianapolis Avenue and Bushard Street from CG-FP2 (General Commercial -Flood Plain
Overlay District 2) to RL (Low Density Residential -Flood Plain Overlay District 2) (Zoning Map
Amendment No. 97-3)."
A motion was made by Garofalo, second Green to adopt Ordinance No. 3389, following a
reading by title by the City Clerk, "An Ordinance of the City of Huntington Beach Zoning and
Subdivision Ordinance Amending District Map 7 (Sectional District Map 7-6-10) to Rezone the
Real Property Generally Located on the Northwest Corner of Indianapolis Avenue and Bushard
Street from CG-FP2 (General Commercial -Flood Plain Overlay District 2) to RL (Low Density
Residential -Flood Plain Overlay District 2) (Zoning Map Amendment No. 97-3)."
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
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03/16/98 - City Council/Redevelopment Agency Minutes - Page 23
(CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3392 - CODE
AMENDMENT NO. 98-1 AMENDING MUNICIPAL CODE SECTION 2.32.030(A) PERTAINING
TO THE ENFORCEMENT OF THE STATE SMOKING LAW BY CODE ENFORCEMENT
OFFICERS (640.10)
The City Council considered approval of introduction of Ordinance No. 3392 "An Ordinance of
the City of Huntington Beach Amending Chapter 2.32 of the Huntington Beach Municipal Code
Pertaining to Powers and Duties of Department of Community Development."
A motion was made by Garofalo, second Green to approve Introduction of Ordinance No. 3392
after reading by title by the City Clerk, "An Ordinance of the City of Huntington Beach Amending
Chapter 2.32 of the Huntington Beach Municipal Code Pertaining to Powers and Duties of
Department of Community Development."
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3390 - REDUCING
THE UTILITY TAX LATE PAYMENT PENALTY (640.10)
The City Council considered approval of introduction of Ordinance No. 3390 "An Ordinance of
the City of Huntington Beach Amending Chapter 3.36 of the Huntington Beach -Municipal Code
Pertaining to the Collection Procedures for the Utility Users Tax."
Councilmember Garofalo stated his satisfaction with the preparation of Ordinance No. 3390.
A motion was made by Garofalo, second Green to approve introduction of Ordinance No. 3390
after reading by title by the City Clerk, "An Ordinance of the City of Huntington Beach
Amending Chapter 3.36 of the Huntington Beach Municipal Code Pertaining to the Collection
Procedures for the Utility Users Tax."
The motion carried by the following roll call vote:
AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None
CITY CLERK ANNOUNCES LATE MATERIAL ON COMMUNITY BLOCK GRANT FUNDING -
1998 ANNUAL ALLOCATION PROCESS (STUDY SESSION HELD AT THE 5:00 P.M.
PORTION OF THE COUNCIL MEETING)
City Clerk Brockway announced that the following material had been distributed during the City
Council Study Session held earlier in the meeting: 1998/99 Action Plan Summary - CDBG. She
stated that this announcement was made pursuant to the Brown Act (Open Meetings Act).
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(CITY COUNCIL) JUVENILE CRIME - REQUEST FOR REPORT (120.90)
The City Council considered a communication from Councilmember Julien transmitting a recent
article which appeared in the Orange County Register of February 26, 1998, regarding juvenile
crimes broken down by school district.
Councilmember Julien reported on the reasons for her request for a report.
Police Chief Lowenberg presented a report which included the reasons why he believed the
newspaper article is flawed, including that the Police Department does a better job than others
of the reporting of crime statistics.
A motion was made Julien, second Garofalo to approve the following recommended action:
That the City Council direct staff to return with their thoughts on why the Huntington Beach
Unified Schools rates are so high in these areas, and what our police can do to lower these
extremely high numbers in 1998/99.
The motion carried unanimously.
(CITY COUNCIL) APPROVED REQUEST FOR PERMISSION TO BE ABSENT (120.40)
The City Council considered a communication from Councilmember Julien requesting
permission to be absent from the City Council meeting of April 20, 1998.
A motion was made by Julien, second Green to approve said request. The motion carried
unanimously.
Acting City Administrator Silver informed Council that the subjects of the MSI Fees and False
Alarm Fees will be brought back on May 2,1998 at Councilmember Julien's request due to her
absence from the April 20,1998 meeting.
(CITY COUNCIL) URBAN FOREST IN CENTRAL PARK - MOTION TO APPROVE
RECOMMENDED ACTION FAILED (320.45)
The City Council considered a communication from Councilmember Harman relative to interest
in some members of the City Council and community to put in place an Urban Forest in Central
Park along Ellis Avenue.
Councilmember Harman spoke regarding the reasons for his recommendation for a fund
appropriation.
In response to Councilmember Garofalo, Acting Public Works Director Smith reported on
aspects of the history of trees in the city.
Councilmember Garofalo stated reasons why he would vote in opposition to the recommended
action.
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Mayor Pro Tern Green stated that he believed this is a very worthwhile issue, however that he
would at this time have to oppose it due to the costs set forth in the Cost summary. He spoke
regarding a recent report from Acting Public Works Director Smith which he finds valuable for
its detail including information on CEQA (California Environmental Quality Act) and the Native
American Graves Protection and Restoration Act.
Mayor Dettloff and Councilmember Bauer requested that this issue be deferred for six months
until a review of the city budget is held.
A motion was made by Harman, second Sullivan that the City Council appropriate $15,000 from
the General Fund Unappropriated Fund Balance to Account #EAAPW540390 to accomplish the
necessary studies in the Central Park area near Ellis, Goldenwest, and Edwards.
The motion failed by the following roll call vote:
AYES: Harman, Sullivan
NOES: Julien, Green, Dettloff, Bauer, Garofalo
ABSENT: None
(CITY COUNCIL) FISCAL POLICY ADOPTED - FOR REMAINDER OF FISCAL YEAR -
(EMPLOYEE LABOR RELATIONS) (100.10)
The City Council considered a communication from Councilmember Garofalo recommending
that to the extent possible, all available unappropriated general fund revenues should be
available to assist in settling labor issues with the six of the seven organized employee groups
with which the city is in negotiations.
A motion was made by Garofalo, second Green that the City Council adopt the following policy
for the remainder of Fiscal Year 1997-98: That a moratorium be placed on any additional
general fund appropriations except for: 1. Obvious Emergencies and 2. New expenses that
are offset by related new revenues 3. To Implement labor negotiations.
The motion carried by the following roll call vote:
AYES:
Julien, Green, Dettloff, Bauer, Sullivan, Garofalo
NOES:
Harman
ABSENT:
None
(CITY COUNCIL) LABOR RELATIONS RECOMMENDATIONS - MOTIONS TO APPROVE
FAILED (720.10)
The City Council considered a communication from Councilmember Garofalo submitting various
labor relations items that have been on -going topics of discussion; recommending that in the
best interest of the community that Council respond to some of them and submitting proposed
Council actions.
556
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Page 26 - Council/Redevelopment Agency Minutes - 03/16/98
Earlier in the meeting, City Clerk Brockway had announced that the following communication on
this item had been provided to the City Council: Communication from Bob and Jean Polkow
dated March 16,1998 regarding their opinion to eliminate this item from the agenda
A motion was made by Garofalo, second Julien to approve the following recommended action
as amended: That the City Council request information from the City Attorney regarding the
feasibility and method for going to final and binding arbitration to bring to a close the six -year
old labor discussions in our community.
The motion failed by the following roll call vote:
AYES: Julien, Garofalo
NOES: Harman, Green, Dettloff, Bauer, Sullivan
ABSENT: None
Councilmember Garofalo withdrew his agenda item regarding issues on employee bashing, and
employee issues that are being handled by the City's labor negotiators.
A motion was made by Garofalo, second Julien that we cease and desist our current legal
action, regarding: PERS the state's retirement plan, and seek other solutions to the contract
dispute and legal considerations.
Councilmember Garofalo presented reasons for his recommendation.
The motion failed by the following roll call vote:
AYES: Julien, Garofalo
NOES: Harman, Green, Dettloff, Bauer, Sullivan
ABSENT: None
A motion was made by Garofalo, second Julien that the City Council direct its Acting City
Administrator to return at the earliest possible opportunity with a plan resulting in the rank and
file of the remaining labor organizations putting to a vote a proposed labor settlement plan
acceptable to both parties.
Councilmember Garofalo presented reasons for his recommendation.
The motion failed by the following roll call vote:
AYES: Julien, Garofalo
NOES: Harman, Green, Dettloff, Bauer, Sullivan
ABSENT: None
657
03/16/98 - City Council/Redevelopment Agency Minutes - Page 27
ADJOURNMENT - CITY COUNCILIREDEVELOPMENT AGENCY
Mayor Dettloff adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach at 12:04 a.m. to the adjourned regular meetings to be
held on Friday March 27, 1998 at 3:00 p.m. in Room B-8, Civic Center, 2000 Main Street,
Huntington Beach, California.
ATTEST:
Z450�; 4�?4
City Clerk/Clerk
City erk and ex-o icio Clerk X the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
layor/Chairm
558