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HomeMy WebLinkAbout1999-03-01MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, March 1, 1999 An audiotape recording of the 5:00 p.m. portion of this meeting and a videotape 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 Green 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 COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Garofalo, Green, Dettloff, Sullivan, (Bauer arrived during the Study Session) Absent: None PUBLIC COMMENTS REGARDING STUDY SESSION & CLOSED SESSION AGENDA 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 — MILLENIUM CELEBRATION — REPORT FROM THE HUNTINGTON BEACH VISITORS & CONFERENCE BUREAU (960.20) Diane Baker, representing the Huntington Beach Visitors and Conference Bureau, distributed their agenda for the study session meeting. The following members of the Millenium Celebration Committee reported on the committee's planned activities: Natalie Kotsch, Ken Yglesias, John Gilbert, Jim McLaughlin, Perry Cain, Joyce Riddell, Diane Casey, Pat Davis, Lt. Chuck Thomas, Police Department, Pat Guidotti, and Carol Freeman. Joyce Riddell, Huntington Beach Chamber of Commerce, distributed a flyer with information regarding the planned Surf City Festival to be held July 23 — 25, 1999 at the Huntington Beach Mall. At the request of Councilmember Garofalo, Diane Baker reported on the plans of Father Carey and Christian Mondoore. John Gilbert spoke regarding the committee's plans to skip the New Year's Eve and New Year's Day celebrations due to the burdens that the Police and Fire Departments will have even without an added city event. He spoke regarding the family event planned for Sunday following the New Year. Councilmember Harman suggested that the Veteran's group be moved to November and Diane Baker replied this would be easy to do. Councilmember Harman also suggested that an activity be planned for the holidays. Councilmember Harman suggested it OR Page 2 - Council/Agency Minutes — 03/01/99 would be good for Councilmembers to serve as liaisons to the committee. Joyce Riddell, Huntington Beach Chamber of Commerce, stated that she believed it would be a good idea to ask everyone living in residences from Pacific Coast Highway to Beach Boulevard to decorate their homes. A member of the committee suggested that the presidential debate commission be informed that the city would welcome their convention. MOTION TO RECESS TO CLOSED SESSION A motion was made by Sullivan, second Harman to recess to Closed Session the following items: The motion carried by unanimous vote. (Redevelopment Agency) — Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator's, Melanie Fallon, David Biggs, and Murray Kane, regarding negotiations with John Givens and Shaul Kuba, CIM Group, LLC concerning the purchase/sale/exchange/lease of the property located at block 104 & 105; bounded by PCH, Main Street, Walnut & 61h Street. Subject: Real Property Negotiation Blocks 104 & 105 An area bounded by PCH, Walnut, Main & 61h Street in the City of Huntington Beach. (400.50) (City Council) Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: MSOA, POA, PMA, MEA, MEO, HBFA and SCLEA. (120.80) (City Council) 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 HBPOA v. City of Huntington Beach — Orange County Superior Court Case No. 80 49 49. Subject: HBPOA v. City of Huntington Beach. (120.80) (City Council) — 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 Hassan v. City — OCSC, Case No. 68 95 84; People v. Hassan - OCSC, Case 68 99 38; Hassan v. City — OCSC, Case No. 69 99 03; Reince v. City — OCSC, Case No. 48 17 04. Subject: Hassan v. City, People v. Hassan, Hassan v. City, Reince v. City. (120.80) RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING Mayor Green reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:12 p.m. REPORT OF ACTION TAKEN AT CLOSED SESSION 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 Section 54957.1(a)(3)(B). 307 03/01/99 - Council/Agency Agenda - Page 3 CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by Daisy Girl Scout Troop No. 1382 from Saint Simon and Jude Catholic School, Huntington Beach. CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Communication from the Millenium Celebration Committee regarding a planned Surf City Festival at the Huntington Beach Mall in July Slide show presentation from the Planning director dated March 1, 1999 titled Holly-Seacliff Affordable Housing Plan Amendment No. 1. Communication from William Holman, PLC Land Company dated March 1, 1999 requesting to amend the Affordable Housing Plan to allow rental or apartment units constructed within the Holly-Seacliff Specific Plan area to count toward the Specific Plan's 15% affordable housing requirement. Said communication titled Amendment to 1994 Affordable Housing Plan for Seacliff Partners' Holly-Seacliff Properties Slide report from the Fire Chief titled Optical Imaging Communication from the City Attorney date March 1, 1999 titled Pedestrian Safety Ordinance presenting reasons for recommending continuance of proposed Ordinance No. 3413 Slide show presentation from the Planning Director dated March 1, 1999 titled Tsunami Restaurant Expansion and Valet Parking Plan. Communication from the Chief of Police dated February 26, 1999 titled Tsunamis' Business Expansion Approval. COUNCIL MEETING DEDICATED TO MEMORY OF TOM LOGAN, CITY ACTIVIST Councilmember Sullivan informed the Council of the passing of city activist Tom Logan, city activist as a result of being hit by a drunk driver. At Councilmember Sullivan's request the Mayor dedicated this meeting to Mr. Logan's memory. PRESENTATION — To Mayor Peter Green, Community Services Director Ron Hagan and PS-S Foundation Chairman, Greg Arbues of a check in the amount of $1,608.16 for Project Self Sufficiency from the Huntington Beach/Fountain Valley Board of Realtors Annual Bowling Tournament. PRESENTATION — By Mr. Steven Aceti of the California Coastal Coalition of a 10-15 minute presentation to update the City Council on CalCoast's activities since the organization was formed last summer. The presentation covered the following topics: Membership/Legislative Program/Beach Restoration Day '99/Formation of Board of Directors/California Coastal 308 Page 4 - Council/Agency Minutes — 03/01/99 Symposium. Mr. Aceti distributed materials to Council as follows: Article from the North County Times titled Coastal Event Provided Forum for All Views; Californians Needs Assembly Bill 64 — The California Public Beach Restoration Act; Communication from U. S. Senator Mary Landrieu, Lousiana, titled Concept Paper Conservation and Reinvestment Act of 1998; Communication titled California Coastal Coalition — Cal Coast Membership List as of February 27, 1999. Discussion was held between the City Councilmembers and Mr. Aceti relative to the funding situation of the California Coastal Commission and the fact that other than membership fees, no agency except Huntington Beach had contributed to the coalition. CITY ATTORNEY REQUEST TO CONTINUE CONSIDERATION OF ADOPTION OF ORDINANCE 3413 — PERTAINING TO PEDESTRIAN CROSSWALKS/CURB/SAFETY - APPROVED Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Communication from the City Attorney dated March 1, 1999 titled Pedestrian Safety Ordinance presenting reasons for recommending continuance of proposed Ordinance No. 3413. City Attorney Hutton informed reasons why she was requesting a continuance of proposed Ordinance No. 3413 relative to Pedestrian Crosswalks/Curb/Safety. She stated that the continuance was necessary as she had received a communication from the law offices of Herman, Thordsan stating concerns relative to the adoption of this ordinance, She stated a continuance was also requested as the City Attorney's Office would like this ordinance to be considered at the same time as is an ordinance now being drafted which relates to sitting or standing on the curbs and median strips during the Fourth of July Parade. VERDICT IN FAVOR OF CITY — NAMMARI V.CITY City Attorney Gail Hutton informed the city the City Councilmembers of the verdict in favor of the city relative to Nammari v. the city. PUBLIC COMMENTS KAREN JACKLE, Seacliff Home Owners' Association, stated that she looked forward to the new shopping center opening in the Holly-Seacliff Area. She requested that Council listen to the recommendations of staff relative to the agenda item concerning the requested approval of the Holly-Seacliff Affordable Housing Plan Amendment No. 1. She spoke regarding the plans of the city of Montecito to require a $10per hour minimum wage so that those persons working in the city can live in the city. She requested that the plan for the Holly-Seacliff Affordable Housing Development Amendment No. 1 be a true affordable housing plan. Ms. Jackle commented on the fact that no new public hearing was required at the Planning Commission level after the plan for the Amendment No. 1 to the Holly-Seacliff Affordable Housing Plan was changed. She asked Council not to approve what the Planning Commission has denied. BILL HOLMAN, PLC Company, spoke regarding the item on the agenda relative to Amendment No. 1 to the Holly-Seacliff Affordable Housing Agreement. He referred to his communication MAC 03/01/99 - Council/Agency Agenda - Page 5 announced earlier in the meeting by the City Clerk. Mr. Holman presented reasons for the request of the PLC Land Company that Council approve the amendment. CONNIE BOARDMAN stated that the City Attorney's comments relative to Ordinance No. 3413- Pedistrian Crosswalks/Curb Safety do not address her concerns on the issue. She stated that the ordinance would outlaw standing on medians or on the corner of intersections for more than 10 minutes. She stated she understands the concern than when accidents happen cars can careen out of control and someone standing on these areas might be injured or killed; however she would like to know how many people in the city have been injured in this manner. She stated the problems she sees in how it is written including that the Bolsa Chica Land Trust students having car washes, or union picketers, or persons talking on the corner, would be prohibited under this ordinance. BOB BIDDLE, Huntington Beach Tomorrow, presented reasons in opposition to the second paragraph of Ordinance No. 3413 Pedestrian Crosswalks/Curb Safety. JOHN ERSKINE, Nossaman, Guthner, Knox and Elliottt, requested that Council approve the item on the agenda which requested a continuance of the Meadowlark Specific Plan item. He stated that they are making progress with staff on conditions for the Meadowlark project. JOSH LOWENTHAL, Auschwitz Study Foundation, spoke regarding the agenda item relative to the request of the Auschwitz Study Foundation for assistance in its efforts to find a permanent location for a museum and study center. He stated that there are many centers throughout the world which would like to have Mr. Mermelstein's artifacts but that he believes the home for these artifacts belongs in Orange County. DAVID MERMELSTEIN, Auschwitz Study Foundation, requested Council's assistance and guidance in finding a permanent location for his father's artifacts. RICHARD PRYSTOWSKY, Auschwitz Study Foundation, informed Council that this is an extremely unique set of artifacts and collection that Mr. Mermelstein had put together. He stated that the educational benefits are extraordinary and that he would like to continue to bring students out to view Mr. Mermelstein's collection. MEL MERMELSTEIN, Auschwitz Study Foundation, thanked the Mayor and City Councilmembers for visiting the exhibit. He stated that students, and members of the Huntington Beach Police Department and Fire Department have visited a number of times. Mr. Mermelstein stated that for the first time in 1967 he was motivated to revisit Auschwitz where his mother and father, brothers and sisters perished. He stated that he went to remember what man can do to his fellow man. He stated that as a result of that visit he brought back a little bit of Auschwitz, as he knew most people in Orange County cannot visit Auschwitz. He stated that people are welcome to come by his business and view the collection. Following public comments, the City Clerk announced that Mr. Mermelstein's documents have been provided to her and are available for the public. JOHN SCANDURA, Environmental Board Member, addressed Council in support of the agenda item relative to a work plan for environmental preferable practices. He stated that as Huntington Beach enters its tenth decade it is important that the city look for opportunities to encourage the 310 Page 6 - Council/Agency Minutes — 03/01199 recycling of products and materials. Mr. Scandura informed Council that with the successful curb -side recycling programs with Rainbow Disposal, the development of new recycling practices used by city government will enhance Huntington Beach's image as proactive in environmental efforts. VIRGINIA SIMS spoke on behalf of the firefighter's request for a salary increase. KATHLEEN HANEY, Huntington Beach Independent, informed Council that this is her last Council Meeting as a reporter from the Huntington Beach Independent. She stated that she has been proud to be a part of reporting on issues relative to Huntington Beach including the Bolsa Chica issue. SCOTT FREEMAN stated that their recent test for firefighters attracted only 300 people for 15 positions - much less than past years. He informed that the Fire Department has now gone without a raise longer that any other Fire Department in the United States. Mr. Freeman stated that the last offer would have kept the Fire Department dead last in the county. He requested the Council to pay as much attention to the Fire Department as is paid to the Bolsa Chica or Redevelopment. BRIAN KNOTT read a letter that he had sent to the Mayor in May, 1998 regarding his disappointment as a firefighter/paramedic. He stated that he hoped everyone had seen and read the letter from the last fire chief, Ray Picard regarding issues. He stated that it has been 6'/z years since the last salary increase and that the employee morale is very low. Mr. Knott stated that the firefighters will always be there for the people and he hopes the people will always be there for them. KATHINA ZEPEDA questioned why the City Council has refused to give the firefighters a salary increase. She stated that to her husband being a firefighter is not just a job but that he is willing to put his life on the line for persons he does not know. She stated that on behalf of her husband and all of the firefighters who risk their lives she is requesting the firefighters be given the raise they deserve to boost their morale. ANDREW ZEPEDA spoke regarding the need for a salary increase for the firefighters. He stated that he believes the police and firefighters should be the highest paid employees and that this is not meant as disrespect to other positions in the city. He stated that if Council does have resentment or anger he is sorry for anything that they may have said or done to hurt Council. Mr. Zepeda stated that everyone should be trying 110% to resolve this issue. PATRICK HAZEL, representing a transit shelter company, informed Council that his company is a participant in a Request for Proposal process relative to the city's bus shelter program. He requested a continuance of 30 days of the bid process as his company has been studying the matter and can deliver a better product and provide the city more revenue. (CITY COUNCIL) PUBLIC HEARING ON APPEAL FILED BY COUNCILMEMBER SULLIVAN OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO. 98-29/COASTAL DEVELOPMENT PERMIT NO. 98-35 —17236 PACIFIC COAST HIGHWAY (N/E CORNER AT WARNER AVENUE) (TSUNAMI SUSHI RESTAURANT 311 03/01/99 - Council/Agency Agenda - Page 7 EXPANSION & VALET PARKING PLAN) - PLANNING COMMISSION DECISION UPHELD AS AMENDED (420.40) Mayor Green announced this was the time set to consider the following public hearing: Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Applicant: Dave Bartlett Appellant: Councilmember Dave Sullivan Request: To permit a 900 square foot restaurant expansion with alcohol sales into an adjacent commercial suite and to allow for valet parking. The request also includes the potential for an increase in the wall height adjacent to the rear parking area. Location: 17236 Pacific Coast Highway (northeast corner at Warner Avenue). Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act. Coastal Zone Status: This item is located in the non -appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 98-35 filed on April 13, 1998, in conjunction with the above request. The Coastal Development Permit hearing consists of a public hearing, City Council discussion and action. The above item may not be appealed to the Coastal Commission. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council: Slide show presentation from the Planning Director dated March 1, 1999 titled Tsunami Restaurant Expansion and Valet Parking Plan. Communication from the Chief of Police dated February 26, 1999 titled Tsunamis' Business Expansion Approval. Senior Planner Scott Hess presented a staff report using the slide show presentation prepared by his department. In response to Mayor Green, Senior Planner Hess stated that the staff recommendation included four additional conditions. DAVE BARTLETT, representing Tsunami Restaurant, presented a slide presentation of the proposal outlined by his company. He stated that he had a petition which he would provide to the City Clerk listing 500 persons in favor of his appeal. He presented his petition. He presented a survey document titled Tsunami 900 Square Feet Restaurant Expansion and six letters of support. RONI ELLIS informed Council that she is a patron of the restaurant and requested the Council approve Tsunami Restaurant's request. Ms. Ellis stated that she is the principal of Harbor View School and that Tsunami Restaurant is a generous donator to the school. 312 Page 8 - Council/Agency Minutes — 03/01/99 DWIGHT CHORNOMUD, owner of the valet parking business, spoke in support of Mr. Bartlett's appeal. SCOTT WILLIAMS, representing Super Max Restaurant, spoke regarding the parking at the mall. He informed Council that the majority of the mall businesses are opposed to valet parking. He stated that he had invited Council to view the situation. Mr. Williams informed Council that on any night Council could see the valet parking lot is empty and the regular parking lot is full. KEITH GLADIEUX stated that neighbors located next to the restaurant are opposed to the expansion. He reported on the parking problems and asked what the impact will be an ingress and egress at Pacific Coast Highway and Warner Avenue; that valet parking has not solved the illegal parking problem. He cited conversations with police officers regarding the different types of parking violations occurring at the site. He stated that over parking of cars impacts residents with noise from alarms and slamming of doors. He thanked Councilmember Sullivan for coming out and viewing the situation on a Saturday night. He submitted material for the record to the City Clerk. The material was a communication from neighbors located next to the Tsunami Sushi Restaurant opposed to the restaurant's expansion and including reasons. DICK HARLOW spoke on behalf of Tsunami Restaurant and stated ways how the parking problem can be relieved. LORENZ KRUEGER, one of the owners of Tsunami Shusi Restaurant, informed Council of some of the remedies to the parking problem they have made including renting 35 new spaces. He stated there have been letters of support which he will present to the City Clerk. He stated that they were opposed to restricting the opening hours but were not opposed to restricting the closing hours. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the hearing was closed by the Mayor. Councilmember Sullivan informed Council that he believed the problem began with the previous restaurant at that location. He stated six out of the eight businesses that have conflicting hours do not support the expansion. Councilmember Sullivan spoke further regarding the letters from other businesses that contain descriptions of problems caused to their businesses. He stated that the valet parking problem has been in existence for awhile and has not worked. He stated that Friday and Saturday nights are the worst. Councilmember Sullivan referred to the Police Chiefs memorandum announced earlier in the meeting by the City Clerk. He stated that the Police Chief had requested in his memorandum that the Police Department Traffic Bureau be included by the Planning Department in the development review process so that any further parking and traffic concerns can be addressed at that time. Councilmember Sullivan stated that the Planning Commission did not have this information from the Police Chief. He stated that there was not enough parking and that he believes that it is unfair to impact the other businesses. A motion was made by Garofalo, second Bauer to uphold the Planning Commission's conditional approval of Conditional Use Permit No. 98-29 and Coastal Development Permit No. 98-35 with Findings and Conditions of Approval as set forth in (Attachment No. 1) to the 313 03/01/99 - Council/Agency Agenda - Page 9 Request For Council Action dated March 31, 1999, and as amended to include two of the four staff recommendations as follows: A parking plan shall be submitted depicting a location with short term for example 10 minute parking spaces. 2. Valet signs shall provide clear information that the valet service is complimentary and that gratuity is not required Councilmember Dettloff inquired as to how many owners were in support of the parking plan and Mr. Bartlett responded as to those owners who were in support, those opposed and those who were neutral. Councilmember Harman spoke regarding parking restrictions and non -availability of parking spaces in the center and stated this is a perplexing case. Councilmember Sullivan questioned what will happen when there are functions held such as yacht club functions and also boat trailer parking impact. Councilmember Sullivan stated that parking from an adjacent business could be bought. A motion was made by Sullivan, second Harman to amend the previous motion to impose a requirement that a six month review of the situation be required. Councilmember Harman stated that he would like to see solid statistics to be presented by the Police Chief. A vote was taken on the motion made by Sullivan, second Harman. The motion failed by the following roll call vote: AYES: Julien, Bauer, Garofalo NOES: Green, Harman, Sullivan, Dettloff ABSENT: None The main motion made by Garofalo, second Bauer carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff NOES: Harman, Sullivan ABSENT: None FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 98-29/COASTAL DEVELOPMENT PERMIT NO.98-35 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 98-29: 1. Conditional Use Permit No. 98-29 for the establishment, maintenance and operation of the 900 square foot restaurant expansion with alcohol sales (Tsunami Sushi Restaurant) into an adjacent retail suite, and valet parking plan will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. With the conditions imposed, including the implementation of a valet parking plan, the restaurant expansion will not adversely impact 314 Page 10 - Council/Agency Minutes — 03/01/99 the other tenants in the commercial center and a sufficient number of parking spaces will be provided for the expansion. 2. The conditional use permit will be compatible with surrounding retail, restaurant, and residential uses. The applicant will provide valet service during the restaurant's operating hours which will be available for all patrons of the commercial center. Furthermore, the valet parking areas are designed in areas of least impact to the other commercial tenants. 3. The proposed 900 square foot restaurant expansion of the existing Tsunami Sushi Restaurant into an adjacent retail suite, and valet parking plan will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it is located. With the conditions imposed, the restaurant expansion and valet parking plan will comply with the General Commercial development standards. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial Visitor on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. (LU 10.1) b. Accommodate visitor serving commercial uses in areas designated on the Land Use Plan Map in accordance with Policy 7.1.1 (LU 10.1.1) FINDINGS FOR APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 98-35: 1. Coastal Development Permit No. 98-35, as proposed, conforms with the General Plan, including the Local Coastal Program. The proposed 900 square foot restaurant expansion and valet parking plan will be consistent with the visitor serving commercial designation of the General Plan. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. With the conditions imposed, the restaurant expansion will be provided with adequate parking without impacting coastal views or access. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure currently exists to the commercial site. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed restaurant expansion will not impact coastal views or access. 315 03/01/99 - Council/Agency Agenda - Page 11 CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 98-29/ COASTAL DEVELOPMENT PERMIT NO. 98-35: 1. The valet parking plan received and dated September 25, 1998 and floor plan dated April 13, 1998 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. All Fire Department requirements shall be noted on the building plans. (FD). 3. Prior to issuance of building permits, the following shall be completed: a. A copy of the reciprocal access agreement between the subject property and adjacent commercial properties shall be submitted for inclusion into the entitlement file. If no reciprocal access easement is recorded on the property, then the property owner shall enter into irrevocable reciprocal driveway and parking easement between the subject site and adjacent commercial properties. The owner shall be responsible for making necessary improvements to implement the reciprocal driveways. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy of the recorded document shall be filed with the Planning Department prior to issuance of the Certificate of Occupancy. (Code Requirement) 4. Prior to issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Department of Community Development. b. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) c. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) d. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. (FD) e. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 316 Page 12 - Council/Agency Minutes — 03/01/99 5. The use shall comply with the following: a. The hours of operation for the restaurant shall be limited to between 5:00 PM to 12:00 AM. Any proposal to expand the hours of operation shall require submittal of a parking analysis by a certified traffic engineer. The study shall be submitted to the Planning Department and Public Works Department for review, and shall be forwarded to the Planning Commission as a non-public hearing item prior to expanding the hours. Notification of the expanded hours shall be provided to the other commercial tenants in the center. The valet service shall not operate earlier than one-half (1/2) hour before the restaurant opens. C. Valet parking service for a minimum of 32 tandem parking spaces shall be provided for all patrons of the commercial center during the restaurant's hours of operation; there shall be no charge to the patrons of the center for this service. d. If valet service is ever discontinued, the 900 square foot suite shall be converted back into a retail use. e. Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked. (FD) Service roads and fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) g. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 6. A review of the use shall be conducted by the staff within twelve (12) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the City Council's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the City Council may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 98-29 and Coastal Development Permit No. 98-35 shall not become effective until the ten day appeal period has elapsed. 317 03/01/99 - Council/Agency Agenda - Page 13 2. Conditional Use Permit No. 98-29 and Coastal Development Permit No. 98-35 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The City of Huntington Beach reserves the right to revoke Conditional Use Permit No. 98- 29 and Coastal Development Permit No. 98-35, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable Public Works fees shall be paid. (PW) 5. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 6. A Certificate of Occupancy must be issued by the Planning Department prior to occupying the suite as a restaurant. 7. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 8. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 9. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. A motion was made by Julien, second Garofalo to amend the condition of approval for Tsunami Restaurant as follows: Opening hours 5:00 p.m. to 12 midnight. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: None CONSENT CALENDAR — ITEMS REMOVED At the request of staff the following Consent Calendar items were removed from the agenda: Resolution Of Intention No. 99-15 To Increase The Monthly Assessment For The Huntington Beach Auto Dealers Business Improvement District. 318 Page 14 - Council/Agency Minutes — 03/01/99 Agreement Between The West Orange County Water Board and The City Of Huntington Beach. CONSENT CALENDAR — ITEMS APPROVED On motion by Garofalo, second Dettloff Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: NONE (CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of January 19, 1999, adjourned regular meeting of January 25, 1999, and adjourned meeting of November 10, 1998 (lack of quorum meeting) as written and on file in the office of the City Clerk. (CITY COUNCIL) APPROVED AND EXECUTED EXTENSION TO CDBG AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HABITAT FOR HUMANITY OF ORANGE COUNTY, INC - FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS — (RONALD ROAD PROJECT) (600.10) Approved and authorized the Mayor and City Clerk to execute the Extension to CDBG Agreement Between the City of Huntington Beach and habitat for Humanity of Orange County, Inc. (CITY COUNCIL) ADOPTED RESOLUTION NO.99-16 — APPROVED AMENDMENT TO THE ALARM PERMIT RENEWAL FEE SCHEDULE (FEE REDUCTION FOR QUALIFIED SENIOR & LOW INCOME RESIDENTS? (340.20) — Adopted Resolution No. 99-16 — "A Resolution of the City Council of the City of Huntington Beach Establishing Fees for Burglar Alarm Businesses and Alarm System Subscribers." (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-13 — REQUESTING LOCAL COASTAL PROGRAM FUNDING ASSISTANCE (340.80) — Adopted Resolution No. 99-13 "A Resolution of the City Council of the City of Huntington Beach for Local Coastal Program Funding Assistance Application (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-11 APPROVING AND ORDERING THE SUMMARY VACATION OF EXCESS HIGHWAY RIGHT-OF-WAY AT THE NNW CORNER OF BEACH BOULEVARD & PACIFIC COAST HIGHWAY — (WATERFRONT DEVELOPMENT PROJECT? (800.50) —1. Adopted Resolution No. 99-11 — "A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of Portions of the Excess Right - Of -Way at the Northwest Corner of Beach Boulevard and Pacific Coast Highway." and 2. Authorized the City Clerk to have a copy of Resolution No. 99-11 recorded at the County Recorder's Office. (CITY COUNCIL) FIRE STATION NO. 6 - EDWARDS — CC-1084 & EDWARDS HILL RESERVOIR & BOOSTER PUMP STATION — APPROVED PLANS & SPECIFICATIONS FOR CC-1084 - & AUTHORIZATION TO ADVERTISE CC-1084 FOR BIDS & APPROVE SAMPLE CONSTRUCTION CONTRACT — APPROVED AND AUTHORIZED EXECUTION OF THE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT, 319 03/01/99 - Council/Agency Agenda - Page 15 INSPECTION, AND OBSERVATION — DUDEK & ASSOCIATES, INC. (600.10) — 1. Approved the plans and specifications for the Fire Station No. 6-Edwards, CC-1084 and authorized the Director of Public Works to solicit bids for construction; and 2. Approved the attached Sample Construction Contract, subject to award of contract to the lowest responsive/responsible bidder; and 3. Approved staffs selection of DUDEK & Associates, Inc., (a Construction Management Firm) to perform the work defined by proposal submitted and dated 1/14/99, in response to a Request for Proposal, dated December 1998; and 4. Approved and authorized execution of the attached Professional Services Agreement with DUDEK & Associates, Inc., and authorized the Director of Public Works to expend $518,912 to cover contract costs of $451,912, estimated contingency of $47,000 and supplemental expenditures of $20,000 — "Professional Service Contract Between the City Of Huntington Beach And Dudek & Associates For Construction Management/DSA Certified Resident Inspection For The Fire Station No. 6 (CC-1084), And Certified Resident Inspection And Oversite For the Edwards Reservoir/Booster Pump Station Project." (CITY COUNCIL) ADOPTED RESOLUTION OF INTENTION NO. 99-14 TO VACATE A PORTION OF BANNING AVENUE AT MAGNOLIA STREET — SETS PUBLIC HEARING FOR 4/5/99 (800.50) — Adopted Resolution of Intent No. 99-14 — to vacate a portion of the south side of Banning Avenue at Magnolia Street, as shown on the attached plat map. Also, directed that a public hearing be held on April 5, 1999, for all persons interested in or objecting to the proposed vacation — A Resolution of the City Council of the City of Huntington Beach Declaring Intent to Vacate an Easement for Public Street Purposes Over a Portion of Banning Avenue At Magnolia Street." (CITY COUNCIL) APPROVED FIRST AMENDMENT TO AGREEMENT WITH OUTSIDE COUNSEL, MCNAMARA, VAN BLARCOM, MCCLENDON & LIEBOLD (BOLSA CHICA WATER ISSUES) (600.10) — Approved and authorized execution of the First Amendment to Agreement for outside counsel, McNamara, VanBlarcom, McClendon & Liebold for legal services regarding the Bolsa Chica water issues. (Original agreement entered into between City Attorney & McNamara, VanBlarcom, McClendon & Liebold on July 1, 1997.) (CITY COUNCIL) ADOPTED RESOLUTION NO. 99-12 — SUPPORTING THE EXPANSION OF THE GREEN ACRES RECLAIMED WATER PROJECT IN THE CITY OF HUNTINGTON BEACH (1000.90) — Adopted Resolution No. 99-12 — "A Resolution of the City Council of the City of Huntington Beach Supporting and Encouraging the Expansion of the Green Acres Reclaimed Water Project in the City of Huntington Beach." (CITY COUNCIL) APPROVED FIRST AMENDMENT TO AGREEMENT FOR FERGUSON, PRAET & SHERMAN, ATTORNEYS AT LAW, FOR LEGAL SERVICES RE: NAMMARI V. CITY OF HUNTINGTON BEACH (600.10) — Approved First Amendment to Agreement for Ferguson, Praet & Sherman for legal services re: Nammari v. City of Huntington Beach and authorized execution by the Mayor and City Clerk. (Original Agreement entered into between City Attorney and Ferguson, Praet & Sherman on July 23, 1998). (CITY COUNCIL) APPROVED HOLLY-SEACLIFF AFFORDABLE HOUSING PLAN AMENDMENT NO (430.50) The City Council considered a communication from the Planning Director transmitting for Council consideration a request by PLC Land Company to amend the Holly-Seacliff Affordable 320 Page 16 - Council/Agency Minutes — 03/01/99 Housing Plan to allow rental units at the median income level to meet affordable housing goals. The Affordable Housing Plan currently allows for Moderate income level (120 percent of County Median income) for -sale units only. No change is proposed to the for -sale provisions. The Planning Commission denied the request and is recommending denial (Recommended Action - A) because the cost of rental units at Median income limits are comparable to market rents and would not be "affordable." Staff is recommending approval with modifications to limit the rents to Low and Very low income levels (Recommended Action-B) because the allowance of affordable rental units is consistent with City goals and policies. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council. Communication from William Holman, PLC Land Company dated March 1, 1999 requesting to amend the Affordable Housing Plan to allow rental or apartment units constructed within the Holly-Seacliff Specific Plan area to count toward the 15% affordable housing requirement of the Specific Plan. Planning Director Zelefsky presented a staff report using the slide show presentation titled Holly-Seacliff Affordable Housing Plan Amendment No. 1. A motion was made by Garofalo, second Julien to defer consideration of the Holly-Seacliff Affordable Housing Plan Amendment No. 1 for 30 days, with Councilmember Bauer, Councilmember Dettloff, and Councilmember Sullivan appointed to a sub -committee on this subject. Discussion was held between the City Councilmembers and Planning Director Zelefsky regarding aspects of the matter. Councilmember Sullivan stated that this subject literally begs for a little history. He stated that he has spoken with Grace Winchell, former Councilmember, on this subject. He reviewed the history and requested correction if the history he is presenting is in error. Councilmember Sullivan stated the reasons why he believes this proposal from PLC is insulting, as to the fulfillment of their affordable housing requirement should not be done by rentals that are above market value. Councilmember Bauer spoke regarding the requirement known as (ARENA). Planning Director Zelefsky stated that Holly-Seacliff has a stand-alone requirement. The motion made by Garofalo, second Julien failed by the following roll call vote: AYES Julien, Garofalo, Green NOES: Dettloff, Harman, Sullivan, Bauer ABSENT: None Further discussion was held between the City Councilmembers and Planning Director Zelefsky. 321 03/01/99 - Council/Agency Agenda - Page 17 Councilmember Sullivan commented on the fact that the vote to deny the Holly-Seacliff Affordable Housing Plan Amendment No. 1 was approved by the Planning Commission on a six zero vote. A motion was made by Sullivan, second Harman to approve Alternative Action No. 2 to continue the Holly-Seacliff Affordable Housing Plan Amendment No. 1 and direct staff accordingly. A motion was made by Sullivan, second Harman to change the previous motion and to approve the Planning Commission recommendation to deny the Holly-Seacliff Affordable Housing Plan Amendment No. 1. Planning Director Zelefsky stated that the applicant can build apartments at market rate but that the apartments would not apply to the affordable housing requirement. Bill Holman, representing PLC Land Company, informed Council of what had been the intent of PLC Company in this issue. Planning Director Zelefsky explained the option that the staff recommends, but that the developer may not wish to do. City Administrator Silver responded to Councilmember Garofalo's question as to whether the staff and developer could come to a compromise in 30 days. In response to City Administrator Silver, Planning Director Zelefsky stated that there is no date set for the affordable housing ordinance to return to the City Council; that the affordable housing ordinance has to, be presented to the Planning Commission and that should be in about 60 days. Planning Director Zelefsky stated the Holly-Seacliff Development Agreement has its own obligations to meet and it stands alone. Bill Holman, representing PLC Land Company, stated that they are looking for direction from Council as to what would be acceptable. He stated that he believes the Council does not favor subsidizing, using density bonuses, etc. The motion made by Sullivan, second Harman as revised, carried by the following roll call vote: AYES: Bauer, Green, Dettloff, Harman, Sullivan NOES: Julien, Garofalo ABSENT: None A motion was made by Sullivan, second Dettloff to approve the staff recommendation and to approve the Holly-Seacliff Affordable Housing Plan Amendment No. 1 with modifications set forth in Attachment No. 1 to the Request for Council Action dated March 1, 1999 as follows: Page 1, I. INTRODUCTION & BACKGROUND, A. Purpose & Intent, 2nd paragraph. Changes are the strike -through on the first line, and the bold text in the larger font on the second line: The intent of this Affordable Housing Plan is to preserve and provide 4GF sale" housing opportunities for very low, low and moderate income persons and 322 Page 18 - Council/Agency Minutes — 03/01/99 households in furtherance of the goals, policies and programs of the Housing Element of the City of Huntington Beach General Plan, and consistent with other City -adopted plans and project approvals. Page 3, C. Definitions: Change is inserted as the 6�' definition after "Development Agreement:" "Low Income Household" — A household with a total annual gross income of between 50 - 80% of the Median Income as defined below. Page 3, C. Definitions: Change is inserted as the 11`h and last definition: "Very Low Income Household" — A household with a total annual gross income of less than 50% of the Median income as defined above. Page 5, C. Additional provisions, 1. Other Units construction by Developer, 15t paragraph: Change is the strike -through on lines 2 and 3: Any other affordable housing units other than those affordable units listed in Table I constructed by Developer a hAbAXAPA ° ° within the Specific Plan area shall be counted towards the required total number of units. Page 5, C. Additional provisions: Change is the following 41h and last paragraph: 4. Rental Units If rental units are used to meet the affordable housing requirement, the following shall be required: a. A minimum of 50 percent of the units shall be rented at the very low income level, and b. The remaining 50 percent of the units shall be rented at levels that do not exceed low income. Planning Director Zelefsky informed Council of what this motion accomplishes. The motion made by Sullivan, second Dettloff carried by unanimous vote. (CITY COUNCIL) APPROVED CONTRACT WITH WAVE IMAGING CORPORATION FOR PURCHASE AND IMPLEMENTATION OF THE CITY'S PHASE I ELECTRONIC DOCUMENT IMAGING, RETRIEVAL, AND RECORDS MANAGEMENT SYSTEM & APPROVED WAIVER OF PROFESSIONAL LIABILITY/INSURANCE REQUIREMENTS (600.10) The City Council considered a communication from the Fire Chief informing Council that the city staff has completed the vendor selection and contract negotiation process with Wave Imaging 323 03/01/99 - Council/Agency Agenda - Page 19 Corporation for the City-wide Electronic Document Imaging, Retrieval, and Records Management Systems project and transmitting a Professional Services Contract Between The City And Wave Imaging Corporation For Electronic Document Imaging Retrieval And Records Management System. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Optical Imaging slide report. Fire Chief Dolder presented a slide report titled Optical Imaging. The City Administrator Silver commented on the favorable impact this technology will have upon the work performed by the staff. A motion was made by Garofalo, second Dettloff to approve and authorize the Mayor and City Clerk to execute the Professional Services contract between the City of Huntington Beach and Wave Imaging Corporation for installation and implementation of hardware, software, and services for the City's Phase I Electronic Document Imaging, Retrieval, and Records Management System project, with the Settlement Committee recommendation to waive the professional liability insurance requirement. The motion carried by unanimous roll call vote. (CITY COUNCIL) COMMUNICATION FROM CATELLUS RESIDENTIAL GROUP (MEADOWLARK DEVELOPMENT) REQUESTING A CONTINUANCE TO 3/15199 OF ORDINANCE RE: REVISED MEADOWLARK SPECIFIC PLAN & TENTATIVE TRACT MAP NO. 15469/CONDITIONAL USE PERMIT NO. 97-80 WITH FINDINGS & REVISED CONDITIONS OF APPROVAL City Administrator Silver reported that a communication had been received from Catellus Residential Group requesting a continuance to March 15, 1999 of the first reading of the ordinance regarding the revised Meadowlark Specific Plan. City Administrator Silver also informed Council that the Catellus Residential Group is requesting that the first reading of the ordinance be held March 15, 1999 with the second reading of the ordinance to follow at the City Council adjourned regular meeting of March 22, 1999. In response to Mayor Green the City Clerk informed Council that the City Charter requires that a minimum of five days elapse between the first and second reading of ordinances. A motion was made by Garofalo, second Dettloff to approve continuance of the first reading of the proposed ordinance relative to revised Meadowlark Specific Plan to the March 15, 1999 Council meeting and if said ordinance receives a first reading, that the second reading of said ordinance be placed on the March 22, 1999 City Council agenda following the business to be considered at that meeting. The motion carried unanimously. (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3414 — PARKING METER FEES_ (340.20) "An Ordinance of the City of Huntington Beach Amending Section 10.60.020 of the Huntington Beach Municipal Code Regarding Parking Meters (Public hearing and introduction, as amended, approved on 2/16/99). 324 Page 20 - Council/Agency Minutes — 03/01/99 A motion was made by Dettloff, second Harman to Ordinance No. 3414 after City Clerk reads by title. The motion carried by the following roll call vote. AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3412 — AMENDMENT TO CHAPTERS 9.20 HBMC RELATING TO PICKETING OF PRIVATE RESIDENCES (640.10) "An Ordinance of the City of Huntington Beach Amending Chapter 9.20 of the Huntington Beach Municipal Code Relating to Picketing of Private Residences (Introduction, as amended, approved on 2/16/99). A motion was made by Garofalo, second Sullivan to adopt Ordinance No. 3412 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Garofalo, Green, Dettloff, Harman, Sullivan NOES Bauer ABSENT: None (CITY COUNCIL) PROPOSED ORDINANCE NO. 3413 REMOVED FROM AGENDA PERTAINING TO PEDESTRIAN CROSSWALKS/CURB/SAFETY (640.10) The City Attorney requested that proposed Ordinance No. 3413 be removed from this agenda to be returned in connection with an ordinance relative to a related 4th of July issue. (CITY COUNCIL) APPROVED RECOMMENDATION OF COUNCIL AGENCY MEMBER TOM HARMAN REGARDING WORK PLAN TO LEAD & DIRECT ENVIRONMENTAL PREFERABLE PRACTICES (110.10) The City Council considered a communication from Councilmember Harman recommending consideration of a program in the city that recognizes and encourages aggressive, yet cost-effective policies and practices in the arena of recycling; recognizing that the city's own procurement policies and Public Works maintenance policies could have a significant effect on stabilizing and increasing the demands for recycled products by example throughout the community. All state and local government purchases account for 11-12% of the gross domestic product. Ideally, a local government role should be to continue to foster the importance of recycling and become recognized as a city that highly values and encourages the use of recycled products, not only by our city's employees but also by our community. Councilmember Harman presented reasons for bringing this item to Council's attention. Councilmember Bauer stated his concern that this will displace another item on the 77 issue priority list as had been discussed at a previous meeting. He stated that he hopes staff will return with a suggested updated priority list. KIM 03/01/99 - Council/Agency Agenda - Page 21 A motion was made by Harman, second Garofalo to approve the following recommended action: Direct staff to prepare, within 60 days, a work plan to lead and direct this effort. This work plan should include, but not be limited to, creation of an internal City Hall Task Force to direct this effort, an expanded educational program for HBTV-3, and creation of new, stronger city policies directing this activity. City Administrator Silver stated that staff is looking for a Saturday in April or May to hold a one half day meeting with the City Council to review the priorities. The motion made by Harman, second Garofalo carried unanimously (CITY COUNCIL) RECOMMENDATION SUBMITTED BY MAYOR PETER GREEN REGARDING AUSCHWITZ STUDY FOUNDATION APPROVED (910.10) The City Council considered a communication from Mayor Green informing Council of his meeting with Mr. Mel Mermelstein, founder, and representatives of the Auschwitz Study Foundation of Huntington Beach, on February 8, 1999. The group has requested advice and guidance in finding a permanent location for a museum and studies center. Mayor Green presented reasons why he had placed this item on the City Council agenda. A motion was made by Green, second Bauer that staff review the center's proposal, provide information and limited assistance to the Auschwitz Study Foundation in its efforts and return to Council with a report of its findings. The motion carried unanimously. (CITY COUNCIL) APPROVED RECOMMENDATION SUBMITTED BY MAYOR PRO TEM DAVE GAROFALO — REGARDING CITY CO-SPONSORSHIP OF CONGRESSMAN ROHRABACHER'S FORUM ON TERRORISM AND DOMESTIC PREPAREDNESS FEDERAL POLICIES AND PROGRAMS (510.20) The City Council considered a communication from Mayor Pro Tern Garofalo inquiring whether the City Council wishes to participate as a co-sponsor of a local event sponsored by Congressman Dana Rohrabacher's office and several federal agencies dealing with terrorism. Mayor Pro Tern Garofalo presented reasons why he had placed this item on the City Council agenda. A motion was made by Garofalo, second Julien to direct staff to request of Congressman Rohrabacher's office that the announcements for the subject event read: Sponsored By: Congressman Dana Rohrabacher O.C. Sheriff Mike Carona Huntington Beach City Council Huntington Beach Chief of Police The motion carried unanimously. 326 Page 22 - Council/Agency Minutes — 03/01/99 (CITY COUNCIL) COMMUNICATION FROM MAYOR PRO TEM DAVE GAROFALO — REGARDING REHABILITATION OF CITY GYM & POOL — WITHDRAWN (120.90) — Mayor Pro Tern Garofalo informed the City Council that he would withdraw the item he had placed on the City Council agenda regarding the status of capitalization of programs of work to rehabilitate the City Gym and Pool. (CITY COUNCIL) APPROVED REQUEST FOR PERMISSION BY COUNCILMEMBER JULIEN 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 March 15, 1999. A motion was made by Julien, second Green to approve the request by Councilmember Julien for permission to be absent from the March 15, 1999 Council Meeting. The motion carried unanimously. (CITY COUNCIL) PRESENTATION MADE BY COUNCILMEMBER RALPH BAUER REGARDING PROPOSAL FOR CITY STREET SIGN LOGO (100.20) The City Council considered a communication from Councilmember Bauer requesting that the City Council consider adding some sort of logo to city street signs as they are recycled; perhaps a Pelican or some other bird to carry the new city hall motif throughout the city. In doing this, the city will be distinguished to residents and visitors as something special with regard to their designation. It might also tend to support the effort of building community pride among our residents. Councilmember Bauer stated that it is not his intention to attempt to do anything regarding this proposal right away; however, he wanted to bring this item before the City Council discussion. Mayor Pro Tern Garofalo suggested that the Design Review Board or another group study this matter. Councilmember Sullivan stated that personally he would not like a bird to be on the city's signs. He stated that he believes the Huntington Beach logo is great and was a result of community participation in a contest. He stated that a great idea may come from the community again. Motion Regarding The Need To Take Emergency Action On An Item Which Arose Subsequent To The Posting Of The Agenda — Approved A motion was made by Garofalo, second Green, regarding the need to take action regarding Golden West College Foundation Golden Opportunity Gala which arose subsequent to the posting of the agenda pursuant to Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: Julien, Garofalo, Green, Dettloff, Sullivan, Bauer NOES: Harman ABSENT: None 327 03/01/99 - Council/Agency Agenda - Page 23 GOLDEN WEST COLLEGE FOUNDATION GOLDEN OPPORTUNITY GALA — EXPENDITURE OF FUNDS APPROVED The Council considered a communication dated March 1, 1999 from Councilmember Garofalo regarding the fact that on March 12, 1999 Golden West Foundation will host their Golden Opportunity Gala. Donations will go toward their annual campaign for scholarships. A motion was made by Garofalo, second Green that the City Council acquire a table for the event at a cost not to exceed $750 and that those funds be taken from the City Council budget allocation. The motion carried by the following roll call vote: AYES: Julien, Garofalo, Green, Dettloff NOES: Harman, Sullivan, Bauer ABSENT: None REPORT BY MAYOR PRO TEM GAROFALO REGARDING ASSEMBLYMAN BAUGH'S LEGISLATION REGARDING NUDE BARS. Mayor Pro Tern Garofalo reported regarding Assemblyman Scott Baugh's legislation regarding nude bars. He requested a clarification from the City Attorney. The City Attorney stated that she would study the subject. ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY A motion was made to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, March 15, 1999 at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: Jor Ftity Clerk/Clerk City Clerk and ex-officio Clerk of1fie City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California I I � Mayor/Chairman 328