HomeMy WebLinkAbout2000-04-17MINUTES
CITY COUNCI LIREDEVELOPMENT 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, April 17, 2000
An audiotape of the 5:00 p.m. portion of this meeting
and a videotape of the 7:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
CALL TO ORDER
Mayor Garofalo 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, Sullivan, Harman, Garofalo Green, Dettloff, Bauer
Absent: None
LATE COMMUNICATIONS
Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced a Late Communication
received at the commencement of the Council meeting which pertained to the study session item on
the agenda: Slide report titled City Council Study Session — April 17, 2000 Overview of Senior
Services at Rodgers Seniors' Center and Seniors' Outreach and Proposed Options for a Future
Senior Multi -Services Center.
(CITY COUNCIL) STUDY SESSION — PRESENTATION OF COMPREHENSIVE CITY-WIDE
SERVICES AT RODGERS SENIORS' CENTER AND SENIORS OUTREACH CENTER AND
PROPOSED OPTIONS FORA FUTURE SENIOR MULTI -SERVICES CENTER (590.10)
Community Services Director Ron Hagan presented a review of the slide report titled City Council
Study Session — April 17, 2000 Overview of Senior Services at Rodgers Seniors' Center and
Seniors' Outreach and Proposed Options for a Future Senior Multi -Services Center and distributed
handouts of the report prior to the commencement of the Council meeting. The staff report outlines
the goal of the Senior Outreach Center; the need for volunteers for the Senior Center; and services
offered to seniors by the center, such as the Care Management Program, senior clubs, classes, and
general services and miscellaneous activities. Community Services Director Hagan covered
additional subjects including options for a new site for a senior multi -services center.
Real Estate Division Manager Matthew Lamb continued with the presentation. He provided
information from the slide report including the senior population figures, current and projected from
the year 2000 through 2020. The figures reflect the senior population 60 years and older, which will
(2) April 17, 2000 - Council/Agency Minutes - Page 2
impact attendance at the Senior Center. Mr. Lamb also presented statistics on increased
attendance at the Rodgers Seniors Center, and the center's need for volunteer workers. He
reviewed the portion of the slide report titled The Challenges at the Rodger's Senior Center.
Presented were four options for meeting the demand for senior services in the future: Option I —
Rebuild on Existing Site; Option 2 — 30-Yr. Lease on Existing Building; Option 3 — Build New Center
on Purchased Land; and Option 4 — Purchase Pacifica Medical Bldg.
Discussion was held by Council regarding the options. Mayor Garofalo inquired regarding whether
there is an option to lease space in the Pacifica Building. Councilmember Bauer inquired if the City
would be taking responsibility for the needs of the senior population that are the responsibility of the
federal government. Community Services Director Hagan reported on the Older Americans Act,
Community Development Block Grants (CDBG) funding, and funding from other agencies. He
informed council that this would be a marriage between local, county, state, and federal government
to meet the needs of the senior population.
The City Administrator spoke regarding financial aspects.
Discussion was held regarding the timeline for the bankruptcy proceedings relative to the Pacifica
Building. The feasibility of utilizing the Pacifica site for assisted living or senior occupancies was
briefly discussed. Councilmember Harman stated that City acquisition of the building could be very
risky.
MOTION TO RECESS TO CLOSED SESSION
A motion was made by Sullivan, second Harman, to recess to Closed Session on the following
items: The motion carried by unanimous vote.
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 City of Huntington Beach v. PERS - Orange County
Superior Court Case No. 77 99 58. Subject: City of Huntington Beach. v. PERS. (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 parry. The title of the litigation is'Orange County v. Merril Lynch — United States
Bankruptcy Court Case No. SA 94-22272 JR. Subject: Orange County v. Merrill Lynch.
(120.80)
(City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(b)(2)(B)
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.)
Number of Potential Cases: 1. Subject: Pomerantzfiabacco Fee Dispute. (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 Mark Bodenbender v. City of Huntington Beach
Workers' Comp Case No. AHM 0070979 and AHM 0070973. Subject: Mark Bodenbender v. City
of Huntington Beach. (120.80)
(3) April 17, 2000 - Council/Agency Minutes - Page 3
(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 In re Medpartners Provider Network, Inc.
[Chapter 111; U.S. Bankruptcy Case No. LA 99-19256-BR. (120.80)
(Redevelopment Agency) Closed Session — Redevelopment Agency 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 agency is a party. The title of the litigation is Redevelopment
Agency v. Frank Mola, Orange County Superior Court Case No. 77 25 15. Subject:
Redevelopment Agency v. Frank Mola. (400.50)
RECONVENE CITY COUNCILIREDEVELOPMENT AGENCY MEETING AT 7:00 P.M.
CITY ATTORNEY'S REPORT OF ACTION TAKEN BY THE CITY COUNCIL IN CLOSED
SESSION (PURSUANT TO GOVERNMENT CODE §54957.1(a)(3)(13)).
City Attorney Hutton reported that on Monday, September 20, 1999, the City Council convened in
closed session to discuss the matter of William J. Morris v. City of Huntington Beach, Workers'
Comp Case Nos. LBO 0292876 and LBO 0292872; Claim Nos. COHB-95-0219 and COHB-96-
0195. City Council voted to give authority to enter into a Stipulated Award settling William Morris's
workers' compensation cases at 55% permanent disability on the orthopedic and groin injuries
($52,062.50) and 4.5% permanent disability on the hearing -loss claim ($1,890.00). This settlement
has a total money value of $53,952.50. The Council voted unanimously with all present.
City Attorney Hutton reported that on Monday, November 22, 1999, the City Council convened in
closed session to discuss the matter of Gunther v. Hitt, Orange County Superior Court Case No.
796147. City Council voted to extend settlement authority within the City Attorney's discretion up to
$25,000. The Council voted unanimously with Julien and Harman absent.
City Attorney Hutton reported that on Monday, April 17, 2000, the City Council convened in closed
session to discuss the matter of Pomerantz/Tabacco Law Firms Fee Dispute, JAMS Mediation No.
1100029304 . City Council voted to authorize approval of offer of compromise by the
Pomerantz/Tabacco Law Firms* in the full sum of $456,000, payable on or before May 1, 2000, and
appropriate such sum from Orange County bankruptcy recovery funds. Full release of all claims to
be approved by City Attorney. The Council voted unanimously with all present.
`Berman, DeValerio, Pease & Tabacco, P. C.; and Pomerantz, Haudek, Block, Grossman & Gross, LLP
CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Sullivan, Harman, Garofalo Green, Dettloff, Bauer
Absent: None
FLAG CEREMONY AND PLEDGE OF ALLEGIANCE
The Flag Ceremony and Pledge of Allegiance were presented by Girl Scout Junior Troop 653,
Sowers Middle School, Leaders Janet Johnson and Ramona Reiss.
INVOCATION
The invocation was offered by Pastor Oden Fong, Huntington Beach Police Chaplain, Poiema
Chapel, Huntington Beach.
(4) April 17, 2000 - Council/Agency Minutes - Page 4
CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE
AGENDA
Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced the following late
communications which had been received by her office following distribution of the agenda and
which pertain to items on the agenda. These items are in addition to the late communications
announced earlier in the meeting:
Slide report presentation from Ron Hagan, Community Services Director dated April 17, 2000 titled
City Council Study Session — April 17, 2000 Overview of Senior Services at Rodgers Seniors'
Center and Seniors' Outreach and Proposed Options for a Future Senior Multi -Services Center.
Communication — Addition of Page 18, Agenda Item H-2 dated April 17, 2000 from Mayor Garofalo
requesting Council to consider alternative actions relating to the Downtown Parking Structure and
Main Street Parking. Communication titled "H" Item; Downtown Parking Structure/Main Parking.
Revised Communication dated April 7, 2000 from Councilmembers Peter Green and Dave Sullivan
transmitting information regarding Mobile Home Advisory Board vacancies. Communication titled
Council Liaison Report for April 17, 2000 City Council Meeting; Recruitment for Mobile Home Advisory
Board Members.
Communication dated April 17, 2000 from the Department of Public Works transmitting a report titled
Urban Runoff/Coastal Remediation Action Plan, and slide presentation titled Urban RunofflCoastal
Remediation Plan Update.
Slide show presentation dated April 17, 2000, from Shari Freidenrich, City Treasurer titled
Treasurer's Report for February 2000.
Slide show presentation received by the City Clerk from the Planning Department titled Small Lot
Residential Development Standards; Zoning Text Amendment No. 99-2.
Slide show presentation dated April 17, 2000 from Economic Development titled Formation of
Community Facilities District No. 2000-1 (Grand Coast Resort).
Communication dated April 17, 2000 from Melanie Fallon, Assistant City Administrator transmitting
a slide show presentation together with a letter from Dave Elbaum, Director of Planning and
Development at OCTA to Mr. Robert Eichblatt, City Engineer.
Slide show presentation from the Planning Department titled Holly-Seacliff Development
Agreement; City -PLC Settlement Agreement.
Slide show presentation received by the City Clerk from the Planning Department titled Annual
Holly Seacliff Development Agreement Compliance Report.
Communication from Matthew Lamb, Real Estate Division Manager dated April 17, 2000 titled Main
Promenade & Downtown Redevelopment Summary.
Slide report titled City Beautification Issues for Inclusion in 1999-2000 and 2000-2001 Work
Programs and Budgets — Submitted by Ralph Bauer April 17, 2000.
(5) April 17, 2000 - Council/Agency Minutes - Page 5
PRESENTATION — By Mayor Dave Garofalo to Elaine Craft, Arbor Day Chairperson, Huntington
Beach Women's Division, Chamber of Commerce and Jean Nagy, President, The Huntington
Beach Tree Society.
PRESENTATION — Of Mayor's Award by Mayor Dave Garofalo and Fire Chief Michael Dolder to
Keith Bateman, Fire Captain and Paramedic. Chief Dolder listed Captain Bateman's many
contributions, including his fund-raising efforts for the Burn Association and coordinating other
activities, such as bone marrow screening.
PUBLIC COMMENTS
FRAN CHANDLER spoke in opposition to the item on the agenda relative to the Equestrian Center
rate increases. She informed Council of the letter she received from the stable owners and
questioned if the rent increase is already in effect. She asked consideration of the reason why the
stables were set up initially, which she believes is to provide affordable horse boarding in Central
Park. Ms. Chandler stated that the Equestrian Center is becoming a monopoly.
AMY STANLEY, Chairperson of the Barn Representatives Committee for the Community Services
Department spoke in opposition to the agenda item on the Equestrian Center boarding rate
increases. Ms Stanley discussed box and pipe stall fees, and stated that it has only been 18
months since the last increase. She invited everyone to attend the next meeting of the Barn
Representatives Committee, to be held Wednesday, April 26, 2000 at City Hall.
KIM MULLER spoke in support of the agenda item on the Equestrian Center rate increases. She
spoke regarding the Therapeutic Riding Center, which she stated promotes horsemanship.
Ms. Muller informed council that she believes the rental fee at $25 per hour at the horse rental
facility is very reasonable for a ride around the acreage at Central Park.
BILL HARRIS operator, the Equestrian Center at Central Park, spoke in support of the agenda item
on the Equestrian Center boarding rate increases. Mr. Harris informed Council that the fees had
not been raised for 18 months, and that he would like to see the fees raised yearly, as the
Consumer Price Index has risen from 5-1/2% to 6%. He informed Council that he and the
concessionaires agree that the rents are within the prevailing market rate, and that labor costs have
increased, for instance, on green waste disposal.
ELYSE BARRETT spoke on behalf of herself and her fellow stall row boarders at the Equestrian
Center. She informed Council that they are being pushed out by horse boarding fee increases.
Ms. Barrett believes that there should be a caveat that the rate increases must be applied for, and
not automatically take effect. She spoke against the increases being presented simultaneously as
an announcement and as an agenda item.
BOB BIDDLE, board member of Huntington Beach Tomorrow, spoke in opposition to the
Downtown Parking Structure fee increase. He expressed his concern that it is unfair to the
downtown merchants. Mr. Biddle discussed the chain store in downtown Huntington Beach called
Color Me Mine. He stated that it is operating even more successfully than the Color Me Mine at
Triangle Square in Costa Mesa, and while that particular store at Triangle Square may pay the
highest rent of any other in the chain, it does offer a free parking structure.
JIM CAMPBELL, Vice President of Operations at 24-Hour Fitness Center, Inc., spoke in opposition
to the Downtown Parking Structure fee increase approved at the April 3, 2000 Council meeting. He
asked Council to reconsider the validation parking program. Mr. Campbell expressed his belief that
(6) April 17, 2000 - Council/Agency Minutes - Page 6
the parking survey results contain errors; that members do not visit the gym for only 45 minutes or
less. He stated that guests stay for 1 to 1-1/2 hours to work out, shower, and relax. Mr. Campbell
quoted rates and figures, informing Council of his opinion that there are 1,000 daily visitors to the
center, and that 24-Hour Fitness is the largest user of the downtown parking facility.
GEORGE E. ARNOLD questioned why downtown merchants should have to pay for parking. He
informed Council that he moved out of Huntington Beach two years ago, but came back from
Twenty -Nine Palms to address this issue. Mr. Arnold inquired of Council as to whom besides the
Mayor owns a downtown business enterprise. He proceeded to name other Councilmembers.
STEVE DANIEL, owner of Rocky Mountain Chocolate Factory and President of the Downtown
Merchants Association, spoke in opposition to the Downtown Parking Structure fee increase. He
presented reasons why he believes the parking survey is flawed. Mr. Daniel concurred with one of
the evening's speakers -. Jim Campbell - that 24-Hour Fitness members stay at the gym for longer
than 45 minutes, sometimes up to 1-1/2 hours. He further stated that the survey should have used
parking structure rate comparisons between Huntington Beach and the smaller beach communities
of Newport Beach, Seal Beach, and Laguna Beach, instead of the larger cities of Boston, Chicago,
and Miami. Mr. Daniel proposed some options to consider for validation parking hours and rates.
STEVEN J. ORME, Lease Administrator for 24-Hour Fitness, informed Council that the Center
entered into a 10-year lease agreement on November 21, 1996 with five two-year options.
Mr. Orme stated that his business brings in 1,000 people downtown on a daily basis, keeping the
area vital. He expressed the belief, however, that it is the only health club in Huntington Beach that
charges for parking. He asked Council's permission to submit more viable options than the fee
increase approved for the Downtown Parking Structure.
BRIAN FICHTNER, employee of Disc Go Round, a downtown Huntington Beach business, spoke
in opposition to paying for a $15 a month employee parking pass. Speaking as a part-time worker,
he stated that the increase is unfair.
RON McLIN, Longboard Restaurant Manager, spoke in opposition to the Downtown Parking
Structure fee increase. He asked Council to delay implementing the validation parking program for
two weeks, to reconsider fees and costs. Mr. McLin expressed his concern that the vote of 3-to-2 in
favor of adopting the increase does not appear to be a normal quorum. He stated that operating
issues were not looked at, such as visitors staying in the downtown area for longer than two hours,
which he stated would require customer validation parking at a reasonable cost. Mr. McLin stated
that a $6,000 debt service was out of line, and that there are other ways to raise revenue.
BRUCE MILIKEN stated his options for bringing more business and foot traffic on weekends to the
downtown area. Mr. Miliken requested for the placement of a sign on Pacific Coast Highway in
order to educate people to the parking structure available. He expressed concern that people are
not aware that the right hand turn onto First Street from Pacific Coast Highway is a direct access to
an entrance to the parking garage. He stated that validation parking must be kept reasonable, due
to the fact that he believes a visit downtown is a two-hour situation. Mr. Miliken cited an example
that you cannot get a table at Duke's Restaurant and eat in less than two hours.
JIM McLAUGHLIN, representative of the Huntington Beach Board of Realtors from Tarbell Realty,
discussed Mayor Dave Garofalo's celebration of the year 2000 through a realtors' citywide food
drive during the month of May. Mr. McLaughlin informed Council that 20 real estate offices are
participating by contacting homeowners for food donations. He announced Celebrity Evening with
(7) April 17, 2000 - Council/Agency Minutes - Page 7
Peter Marshall to be held at the Waterfront Hilton on May 29, 2000 to raise funds for the food drive.
Mr. McLaughlin also spoke on the need for corporate sponsorship of the food drive.
NANETTE SELSTED informed Council of the Second Harvest Food Bank, which serves charities,
including needy children and the elderly. Ms. Selsted stated that the month of May is dedicated to
bringing in one million pounds of food, and that the food bank will leave donation bags at people's
homes for collection. She named several drop-off sites, including the Stater Brothers Supermarket,
Fire Department, and community centers, as well as certain churches and schools. Ms. Selsted
encouraged businesses to barter services in exchange for food donations.
JIM BARKER, Los Amigos Mobile Home Park resident and Communications Director of Huntington
Beach Mobile Home Owners Association, spoke in support of Council action taken to hire a
consultant to determine if the city's mobile home parks warrant rent control. Mr. Barker expressed
his concern that in the past, input given by mobile home residents to the city's mobile home
subcommittee were not fully addressed. He further stated that no level of urgency was assigned to
each of the five tasks, which have been reduced from nine, so that the most important may be in
danger of being relegated downward. Mr. Barker made an appeal to Economic Development
Director Biggs to include Dr. Kenneth Barr on the Request for Proposals list, stating that he is fair
and knowledgeable. Mr. Barker urged Council to dismiss the $15,000 Lawrence Research survey
as he does not believe the survey addresses the issues raised by the mobile home community.
LYNN DRURY, Fountain Valley resident, spoke on behalf of her niece who lives at the Gables
Condominium Complex. Ms. Drury related that her niece is a single mother who had moved from
an apartment to the Gables because she wanted a stable place to raise her son. Ms. Drury
informed Council that she sold stock, invested for her retirement, in order to help her niece buy the
condominium. Ms. Drury protested that her niece is now faced with a huge land lease increase that
she cannot pay.
CLAY HAGS, Public Affairs Director of the Huntington Beach Mobile Home Park Owners
Association, addressed the item on the agenda relative to the recruitment of Mobile Home Advisory
Board members. Mr. Hage emphasized that members -at -large should not have any affiliation with
mobile home park owners or residents. He informed Council that both he and Vickie Talley, the
Executive Director of the Mobile Home Educational Trust (MHET) have long considered this
balance as important. Mr. Hage further stated that issues concerning mobile homes should be
more than just about rent control.
MICHAEL WOLFE expressed his appreciation to Council for looking into the Gables Condominium
land lease increase. He urged Council to remain involved.
STEVE GULLAGE, Huntington Beach Mobile Home Owners Association, stated that the answer to
fair and affordable space rent is to look into the Mobile Home Fair Practices Act. Mr. Gullage read
excerpts from an article written by a U. S. Congressman on the subject of safe and affordable
housing for the elderly. He also read a legal opinion written by a judge on mobile homes and the
importance of hiring a qualified rent control consultant.
JAMES BURGESON spoke in protest of the removal of trees in the Meredith Gardens tract.
Mr. Burgeson stated that as a homeowner, he appreciates the beauty of the tree -lined streets in
Meredith Gardens, which he believes is being destroyed by the Public Works Department. He
stated that mature trees are vital and important for good air quality. Mr. Burgeson requested a copy
of the staff report regarding the tree removal priority.
(8) April 17, 2000 - Council/Agency Minutes - Page 8
JEREMIAH SNYDER, President of the Huntington Beach Coalition Against Substance Abuse
(HBCASA), informed Council of the meeting being held to warn against the dangers of "huffing," or
inhalant abuse. Mr. Snyder stated that the meeting had been prompted by the death of an
HBCASA member. He announced that a panel of members will be available at the next HBCASA
meeting on May 31, 2000 in Room B8 at City Hall.
MARK EDWARDS, Chairman of the Huntington Beach Coalition Against Substance Abuse
(HBCASA) and 13-year old eighth grader from Dwyer Middle School, urged everyone to spread the
word against alcohol and substance abuse. He stated that HBCASA members set good examples
by motivating and supporting one another toward leading a drug -free lifestyle.
MICHAEL LE, 15-year old student of Huntington Beach High School involved with the Huntington
Beach Coalition Against Substance Abuse (HBCASA), spoke regarding the many activities and
fund raisers that the coalition sponsors to promote a drug -free society.
MIKE DARNOLD, San Juan Capistrano Community Relations spokesperson, informed Council
about his involvement in drug and alcohol rehabilitation and outreach activities. He reported on his
attendance at a Huntington Beach Coalition Against Substance Abuse (HBCASA) meeting at which
he offered his resources. Mr. Darnold stated that he found the coalition to be a unique association
of caring adults and youths involved with the Police and Community Services Program (CSP)
projects.
CHUCK SCHEID spoke in opposition to the Water Master Plan approved in 1995. He questioned
how it was possible that the water surcharge rate - which was at $5.50 per month last year - could
be modified down to $5.00 per month. He stated that as a result of this decrease, revenue has
been reduced by $9 million. Mr. Scheid referred to the agenda item regarding the Edwards Hill
Reservoir and Pump Station. He suggested that Council direct staff to detail why the original need
for $43 million in revenue became only $34 million, and questioned what has changed.
DON McGEE spoke regarding Federal Aviation Agency (FAA) regulations, and stated his
opposition to banner -towing planes over the beach and the ocean.
FRANK SPATES, Huntington Beach Gables Condominium Complex resident, spoke in opposition
to the land lease increases. He informed Council that he had contacted Assemblyman Scott
Baugh, as well as the Fair Housing Commission in Washington D.C. about the increase.
Mr. Spates questioned what will happen to the 80 Gables Condominium owners; tax -payers who
will be ruined without Council intervention on their behalf.
JINX VARONA spoke in opposition to the Downtown Parking Structure fee increase, and stated
that the Santa Monica parking garage at the Third Street Promenade is free of charge. He urged
Council to reconsider the city's validation parking plan, by making comparisons with cities around
Huntington Beach. Mr. Verona spoke on how merchants would lose revenue with validation
parking. He spoke about a petition in opposition to raising the employee parking fees that is being
circulated by some downtown merchants.
COUNCIL COMMENTS REGARDING PUBLIC COMMENTS PORTION OF THE AGENDA
Community Services Department Staff to Report on Water Fee Surcharge or Free Water
Provision to the Huntington Central Park Equestrian Center (120.90)
Councilmember Sullivan referred to public speakers' assertion that the Equestrian Center does not
have to pay for water. City Administrator Silver was requested to report on whether the city charges
a fee, or provides water to the Equestrian Center free of charge.
(9) April 17, 2000 - Council/Agency Minutes - Page 9
Meredith Gardens Tree Removal Issue and Craimer Lane Petition — Tree Committee Meeting
to be Scheduled to Review and Discuss Tree Removal Priority List (120.90)
Mayor Pro Tern Harman expressed concern over Mr. Burgeson's comments relative to the tree
removal at his tract in Meredith Gardens. Councilmember Bauer inquired about a petition being
circulated relative to trees and buckling sidewalks at Craimer Lane. He asked Public Works
Director Beardsley to report back. Council directed staff to place the item on the next Tree
Committee meeting agenda for review and discussion of its tree removal priority list and schedule.
Update on Gables Condominium Land Lease Increases (120.90)
Mayor Garofalo requested an update from the City Attorney on the Gables Condominium complex
land lease increase discussed at the March 20, 2000 City Council meeting. The item was referred
to the City Attorney to determine if the city has any purview in the matter, and to review the
Conditional Use Permit, etc., on the development. The Mayor and the Attorney were scheduled to
meet with the condominium residents. City Attorney Hutton stated that the land lease increase has
been deferred until June 2000.
Water Surcharge Fees - Staff Directed to Attend Meetings and Monitor Regional Water
Quality Board Activities (1000.85)
Councilmember Bauer responded to Mr. Scheid's concerns over the reduction in water surcharge
fees to home owners from $43 to $34 million, and inquired if this was a correct figure. Staff was
instructed to attend the quarterly meetings and follow up on the activities of the Regional Water
Quality Board.
City Attorney Staff to Contact Federal Aviation Agency (FAA) and Prepare Report Regarding
Options to Low -Flying Aircraft Over the Beach and Ocean (120.90)
Mayor Pro Tern Harman addressed Mr. Don McGee's concerns regarding low -flying aircraft over
the beach and the ocean. The City Attorney will continue to follow up on this issue which was
initially brought up at the September 20, 1999 City Council meeting.
(CITY COUNCIL) ANNOUNCEMENT BY MAYOR PRO TEM HARMAN OF HIS
REAPPOINTMENT TO THE LOCAL AGENCY FORMATION COMMISSION (LAFCO)
(120.20)
Mayor Pro Tern Harman announced his reappointment to the Local Agency Formation Commission
(LAFCO). Action will be taken by Director of Organizational Effectiveness Clay Martin to follow up
on the notification of Mayor Pro Tern Harman's appointment.
(CITY COUNCIL) ACCEPTED VIDEO REPORT - "BENEFIT FROM THE BUY" — A SERIES OF
30-SECOND PUBLIC SERVICE ANNOUNCEMENTS PRODUCED BY THE PUBLIC
INFORMATION OFFICE FOR HB-TV 3 (160.10)
The City Council considered a video report titled Benefit from the Buy presented by Rich Barnard,
Communications Officer regarding how citizens' taxes are used to pay for city services. Mayor
Garofalo stated that the series of 30-second, public service announcements to be aired on HB-TV 3
is part of the city's ten year "Shop at Home" promotional attempts.
(10) April 17, 2000 - Council/Agency Minutes - Page 10
COUNCIL COMMITTEE/COUNCIL LIAISON REPORTS
(CITY COUNCIL) ANNOUNCEMENT FROM CITY COUNCILMEMBERS DAVE SULLIVAN AND
PETER GREEN, CITY COUNCIL LIAISONS TO THE MOBILE HOME ADVISORY BOARD
REGARDING RECRUITMENT FOR MOBILE HOME ADVISORY BOARD MEMBERS — FIVE
VACANCIES (110.20)
The City Council considered a communication from Councilmembers Dave Sullivan and Peter
Green, Council Liaisons to the Mobile Home Advisory Board transmitting the announcement that
the City's Mobile Home Advisory Board is seeking applications from local citizens interested in
serving their community. This Board was created in 1994 by the City Council with the purpose of
studying issues among the city's 18 mobile home parks and providing a forum for mobile home
residents and park owners to resolve conflicts. Applications for Board members will represent the
following constituencies: mobile home residents, owners of mobile home parks, and citizens at
large. It is important to note that those applicants under the third category must truly have no
affiliation with mobile home park residents or owners. The Board currently has five vacancies:
(1) Mobile Home Residents 1 Seat
(2) Mobile Home Park Owners 1 Seat
(3) At -Large Citizen Representatives 3 Seats
One incumbent in each category is eligible to serve an additional term if re -appointed. Applications
will be accepted for these positions until April 28, 2000.
The City Council considered a revised communication dated April 7, 2000 from Councilmembers
Peter Green and Dave Sullivan transmitting information regarding Mobile Home Advisory Board
vacancies. Communication titled Council Liaison Report for April 17, 2000 City Council Meeting;
Recruitment for Mobile Home Advisory Board Members, which was announced earlier as a late
communication by the City Clerk.
An invitation was extended to those interested in submitting applications.
(CITY COUNCIL) CITY ADMINISTRATOR'S REPORT
(CITY COUNCIL) RECEIVED AND FILED PUBLIC WORKS DIRECTOR'S URBAN
RUNOFF/COASTAL REMEDIATION ACTION PLAN — UPDATE FOR APRIL 2000 (520.30)
Slide presentation from the Director of Public Works transmitting the update for April 2000 to the
Public Works Director's Urban Runoff/Coastal Remediation Action Plan. This plan, ratified by
Council, provides the direction taken to determine and abate the problems which contributed to the
beach closures and postings of last summer. A summary.of the current activities is submitted and
an update of the Director's Action Plan will be provided at the Council meeting.
The City Council considered a communication and a slide report, both titled Urban Runoff/Coastal
Remediation Plan Update, which were announced earlier as late communications by the City Clerk.
Councilmember Bauer discussed the City of Newport Beach position on measuring the tidal flow, to
which Public Works Director Beardsley responded that the city is conducting a similar study.
Discussion was held regarding the University of Southern California (USC) Study on water quality.
(11) April 17, 2000 - Council/Agency Minutes - Page 11
City Administrator Silver announced the city's success in securing $4 million from Senator Ross
Johnson, and $2 million from Assemblyman Scott Baugh per AB 835, but that this funding will not
pay for costs already incurred by the city.
Council thanked staff for the report.
(CITY COUNCIL) REVIEWED AND ACCEPTED CITY TREASURER'S FEBRUARY 2000
INVESTMENT SUMMARY REPORT (310.20)
The City Council considered a slide show presentation, dated April 17, 2000 from City Treasurer
Freidenrich transmitting the Monthly Investment Report for February 2000, titled Treasurer's Report.
The slide report was announced earlier as a late communication by the City Clerk.
Mayor Pro Tern Harman inquired about the bankruptcy settlement — whether the monies are
included in the budget or is it considered to be a windfall.
City Treasurer Freidenrich responded that the funds are a budgeted amount to be allocated during
the current fiscal year. She stated that the city is ahead by approximately $800,000 in interest
income earned during the months of October 1999 through February 2000.
A motion was made by Green, second Mayor Pro Tern Harman, to review and accept the monthly
report. Following review of the report, by motion of Council, accept the Monthly Investment Report
Summary Of Investment Portfolio for February 2000, pursuant to Section 17.0 of the Investment
Policy of the City of Huntington Beach. The motion carried unanimously with all present.
(CITY COUNCIL) CONTINUED OPEN FROM FEBRUARY 22, 2000 — PUBLIC HEARING -
ZONING TEXT AMENDMENT NO. 99-2 - SMALL LOT RESIDENTIAL DEVELOPMENT
ORDINANCE TO ESTABLISH DEVELOPMENT STANDARDS - APPROVED INTRODUCTION
OF ORDINANCE NO.3455 (450.20)
Mayor Garofalo announced that this was the time scheduled to consider the following public hearing
continued open from February 22, 2000:
Applicant: City of Huntington Beach
Request: To amend the Huntington Beach Zoning and Subdivision Ordinance by establishing
development standards for small lot residential subdivisions in Medium, Medium -High, and High
Density Residential Districts citywide. .
Location: RM, RMH and RH Districts citywide.
Environmental Status: Categorically exempt from the provisions of the California Environmental
Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
Mayor Garofalo declared the public hearing open.
There being no persons present to speak on the matter and there being no protests filed, either
written or oral, the hearing was closed by the Mayor.
(12) April 17, 2000 - Council/Agency Minutes - Page 12
Earlier in the meeting, the City Clerk had announced that the following late communication on this
item had been provided to the City Council:
Slide show presentation made by Senior Planner Scott Hess from the Planning Department titled
Small Lot Residential Development Standards; Zoning Text Amendment No. 99-2.
Councilmember Sullivan informed Council that this ordinance would reduce the lot size in
Huntington Beach to almost half, and announced that he will be opposing a motion to approve.
Mayor Pro Tern Harman stated that the city is approaching build -out status, and inquired as to how
many potential small lot locations are still available.
Senior Planner Hess responded that there are about 70 acres left.
A motion was made by Dettloff, second Green, to approve the following recommended action:
Approved Zoning Text Amendment No. 99-2 with findings for approval (ATTACHMENT NO. 1 *)
and approve introduction of Ordinance No. 3455 (ATTACHMENT NO.2) after reading by title by
the City Clerk — "An Ordinance of the City of Huntington Beach Amending the Zoning Map of the
Huntington Beach Zoning and Subdivision Ordinance to add Standards for Small Lot Developments
(Zoning Text Amendment No. 99-2)."
ATTACHMENT NO.1*
FINDINGS FOR APPROVAL
ZONING TEXT AMENDMENT NO.99-2
Zoning Text Amendment No. 99-2 to establish development standards for small lot
single family residential subdivisions in RM, RMH and RH Districts citywide is
consistent with the goals and policies contained in the City's General Plan. The
amendment is consistent with the objectives, policies, general land uses and programs
specified in the Land Use Element of the General Plan, including the requirement that
development be designed to account for the unique characteristics of project sites and
objectives for community character and assure that all small lot developments in multi-
family districts be designed to be compatible with existing adjacent uses, regardless of
density or zoning designation. Furthermore, the proposed code amendment will
specify the approval process and development standards for small lot, detached single
family residential projects and will require small lot subdivisions be of high quality and
design with respect to building architecture and site layout, including parking,
landscaping and open space.
2. In the case of a general land use provision, the change proposed is compatible with
the uses authorized in, and the standards prescribed for, the zoning districts for which
the small lot subdivisions would be permitted. The proposed amendment addresses
the RM, RMH, and RH Districts citywide, permitting small lot subdivisions with the
approval of a conditional use permit and tentative map.
(13) April 17, 2000 - Council/Agency Minutes - Page 13
3. A community need is demonstrated for the change proposed. The City Council and
Planning Commission have recognized the need to offer a more viable option to
developers of multi family residential properties without jeopardizing the character of
existing multi family residential areas. The amendment will provide for housing types
which are in demand in the present housing market, and allow for development of
single family detached units.
4. Its adoption will be in conformity with public convenience, general welfare and good
zoning practice. The amendment will permit the development of small lot, single family
residential subdivisions, while protecting the general welfare of property owners and
tenants within multi -family zoning districts.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Garofalo, Green, Dettloff, Bauer
NOES: Sullivan
ABSENT: None
(CITY COUNCIL/REDEVELOPMENT AGENCY) CONTINUED OPEN FROM FEBRUARY 22, 2000
PUBLIC HEARING ON RESOLUTION OF INTENTION NO. 2000-5 ADOPTED ON
JANUARY1 8,2000 - APPROVED THE FORMATION OF THE CITY OF HUNTINGTON BEACH
COMMUNITY FACILITIES DISTRICT NO. 2000-1 — DISPOSITION AND DEVELOPMENT
AGREEMENT WITH MAYER CORP. - HILTON GRAND COAST RESORT (WATERFRONT
PROJECT) -APPROVED RESOLUTION NOS. 2000-34, 2000-35, 2000-36, 2000-37 AND 2000-38
(350.30)
Mayor/Agency Chairman Garofalo announced that this was the time scheduled for a joint public
hearing continued open from January 18, 2000, to consider the formation of a Community Facilities
District (CFD) No. 2000-1. Community Facilities District (CFD) No. 2000-1 would allow for the use of
tax-exempt financing for certain eligible public improvements related to the proposed Hilton Grand
Coast Resort Project. The boundaries of the proposed project are shown on the map entitled
"Boundaries of City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast
Resort) of the County of Orange, State of California," which is on file with the City Clerk of the City
of Huntington Beach.
A motion was made by consensus to approve the following City Council recommended actions:
To open the public hearing, take public testimony, and close the public hearing on the formation of
the Community Facilities District.
Mayor/Agency Chairman Garofalo declared the public hearing open.
The Mayor/Agency Chairman called on the City/Agency Clerk for proof of publication and mailing of
the notice of hearing.
The City/Agency Clerk responded that her office has the proof of publication and mailing of the
notice of hearing on file.
(14) April 17, 2000 - Council/Agency Minutes - Page 14
The Mayor/Agency Chairman called for a staff report with regard to the establishment of the
proposed Community Facilities District, a brief description of the services which will be financed
within and for the Community Facilities District, and estimates of costs of financing those services.
Economic Development Director Biggs responded to the call for a staff report, by presenting a slide
show titled Formation of Community Facilities District No. 2000-1 (Grand Coast Resort). Earlier in
the meeting, the City/Agency Clerk announced this slide presentation as a late communication
which had been provided to the City Council/Redevelopment Agency.
A motion was made by Mayor Pro Tem/Agency Vice Chairman Harman, second Green, to approve
the Community Facilities District Report for the City of Huntington Beach, Community Facilities
District No. 2000-1 (Grand Coast Resort). The motion carried unanimously with all present.
The Mayor/Agency Chairman asked the City/Agency Clerk whether any written protests have been
received.
The City/Agency Clerk responded that there have been no written protests received.
The Mayor/Agency Chairman called for oral protests, comments and questions from any persons
wishing to speak, including persons owning property within the proposed Community Facilities
District and taxpayers, with respect to the establishment of the Community Facilities District, and
the proposed method for apportioning and maximum amounts of special taxes.
STEVE BONE, developer and President of the Mayer Corporation, spoke in favor of the proposed
formation of the Community Facilities District, and the proposed levy of the Special Tax within the
Community Facilities District.
The Mayor/Agency Chairman asked if written protests have been received.
The City/Agency Clerk responded that there have been no written protests received.
The Mayor/Agency Chairman asked if there were any changes to the rate and method of
apportionment.
The City/Agency Clerk responded that there are no changes to the rate and method of
apportionment.
A motion was made by Mayor Pro Tem/Agency Vice Chairman Harman, second Sullivan, to adopt
Joint City/Agency Resolution No. 2000-34 - "A Joint Resolution of the City Council of the City of
Huntington Beach and the Board of Directors of the City of Huntington Beach Redevelopment
Agency With Respect to Findings that the City of Huntington Beach Redevelopment Agency is a
Landowner Subject to the Levy and Collection Of Special Taxes Within City of Huntington Beach
Community Facilities District No. 2000-1 (Grand Coast Resort)." The motion carried unanimously
with all present.
The Mayor/Agency Chairman asked the City/Agency Clerk whether there are any registered voters
within the Community Facilities District, and, if so, how many.
The City/Agency Clerk reported that there are no registered voters within the Community Facilities
District No. 2000-1.
(15) April 17, 2000 - Council/Agency Minutes - Page 15
The City/Agency Clerk reported that the City Redevelopment Agency is the sole property owner
within the Community Facilities District, and as such, is entitled to vote all of the votes in the special
elections to be held on April 17, 2000.
Since a majority protest has not been filed (written protests against the establishment of the
Community Facilities District filed by the owners of one-half (50%) or more of the area of the land
proposed to be included in the Community Facilities District) the City Council may proceed to
establish the Community Facilities District by adopting the necessary resolutions.
The public hearing was closed by the Mayor/Agency Chairman.
A motion was made by Mayor Pro Tem/Agency Vice Chairman Harman, second Dettloff, to adopt
Resolution No. 2000-35, `A Resolution of the City Council of the City of Huntington Beach
Establishing City of Huntington Beach Community Facilities District No. 2000-1 (Grand Coast
Resort) and Establishing the Boundaries Thereof." The motion carried unanimously with all
present.
A motion was made by Mayor Pro Tem/Agency Vice Chairman Harman, second Julien, to adopt
Resolution No. 2000-36 - "A Resolution of the City Council of the City of Huntington Beach
Determining the Necessity for City of Huntington Beach Community Facilities District No. 2000-1
(Grand Coast Resort) to Incur a Bonded Indebtedness in an Aggregate Principal Amount not to
Exceed $16,000,000 for Providing Public Facilities Within and for the Community Facilities District
and Calling a Special Election for the Community Facilities District on a Proposition for Incurring
such Bonded Indebtedness." The motion carried unanimously with all present.
A motion was made by Mayor Pro Tern Harman/Agency Vice Chairman, second Julien, to accept
the letter from the City/Agency Clerk agreeing to act as the election official to conduct the Special
Election. The motion carried unanimously with all present.
The City/Agency Clerk announced that this letter is available to members of the public, as part of
the agenda packet.
A motion was made by Mayor Pro Tem/Agency Vice Chairman Harman, second Green, to
authorize the Chairman of the Redevelopment Agency to waive on behalf of the Redevelopment
Agency certain election procedures. The motion carried unanimously with all present.
The Mayor/Agency Chairman signed the waiver of certain election procedures on behalf of the
Redevelopment Agency as presented to him by the Deputy City/Agency Clerk.
A motion was made by Mayor Pro Tem/ Agency Vice Chairman Harman, second Dettloff, to adopt
Resolution No. 2000-37 - "A Resolution of the City Council of the City of Huntington Beach Calling
a Special Election and Submitting to the Voters of City of Huntington Beach Community Facilities
District No. 2000-1 (Grand Coast Resort) a Proposition to Incur a Bonded Indebtedness, a
Proposition with Respect to the Annual Levy of Special Taxes Within the Community Facilities
District to Pay Principal of and Interest on Bonds Thereof and a Proposition with Respect to the
Establishment of an Appropriations Limit for the Community Facilities District" Included in this
motion is the authorization to vote the ballot. The motion carried unanimously with all present.
A motion was made by Mayor Pro Tem/Agency Vice Chairman Harman, second Green, to accept
the statement from the City/Agency Clerk of the City of Huntington Beach as to the canvass of
(16) April 17, 2000 - Council/Agency Minutes - Page 16
ballots voted in and the results of the Special Election. The motion carried unanimously with all
present.
The following statement from the City/Agency Clerk was received: that the results of the special
election is in the Council packet as Attachment #9, and more than 2/3 of the votes cast in this
special election ARE in favor of such propositions.
A motion was made by Mayor Pro Tem/ Agency Vice Chairman Harman, second Sullivan, to adopt
Resolution No. 2000-38 - "A Resolution of the City Council of the City of Huntington Beach
Declaring the Results of the Consolidated Special Elections for City of Huntington Beach
Community Facilities District No. 2000-1 (Grand Coast Resort) on the Propositions with Respect to
(i) Incurring a Bonded Indebtedness in an Amount not to Exceed $16,000,000, (ii) The Annual Levy
of Special Taxes to Pay Principal and Interest on Bonds and (N) The establishment of an
Appropriations Limit and Authorizing the Recordation of the Notice of Special Tax Lien." The
motion carried unanimously with all present.
(CITY COUNCIL) PUBLIC HEARING — APPROVED SETTLEMENT AGREEMENT BETWEEN
THE CITY AND PLC LAND CO. RE: THE HOLLY SEACLIFF DEVELOPMENT AGREEMENT -
(1) REIMBURSEMENT FOR PUBLIC FACILITIES, (2) AMENDMENT TO TRAFFIC FEE CREDIT
AND REIMBURSEMENT AGREEMENT AND (3) EDWARDS HILL RESERVOIR AND PUMP
STATION AGREEMENT AND AUTHORIZE INTERIM WIDENING/PARTIAL MEDIAN (ELLIS
AVENUE) (600.10)
Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the
following:
Applicant: City of Huntington Beach and PLC Land Co.
Request: (1) To approve the Agreement settling the Dispute between the City of Huntington Beach
and PLC Land Co. regarding reimbursement due for public facilities pursuant tot the Holly Seacliff
Development Agreement; (2) To approve an Amendment to the Traffic Fee Credit and
Reimbursement Agreement between the City of Huntington Beach and PLC Land Co; and (3) To
approve an Agreement between the City of Huntington Beach and PLC Land Co. implementing the
Holly Seacliff Development Agreement regarding the Edwards Hill Reservoir and Pump Station.
Environmental Status: EIR 89-1 was approved for the Development Agreement.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
The City Council considered a communication dated April 17, 2000 from Assistant City
Administrator Fallon. This letter from Dave Elbaum, Director of Planning and Development at
OCTA written to Mr. Robert Eichblatt, City Engineer, along with a slide report presented by
Assistant City Administrator Fallon entitled Holly-Seacliff Development Agreement, City -PLC
Settlement Agreement were announced earlier by the City Clerk as late communications received in
her office.
Assistant City Administrator Fallon referred to a typographical error in Recommended Action #3 of
the Request for Council Action, that "two" should read "three" -lane street.
Mayor Garofalo declared the public hearing open.
(17) April 17, 2000 - Council/Agency Minutes - Page 17
CHUCK SCHEID spoke in opposition to the city's proposed plan to collect reimbursement from
citizens for excess water capacity in the Edwards Hill Reservoir. Mr. Scheid stated that the city is
only authorized to collect from other developers, and that the citizens are not developers. He
believes that it is an improper use of funds to use the Water Master Plan instead of the general fund
reserve.
DR. GERALD CHAPMAN spoke in support of the Holly-Seacliff Development Agreement, stating
that the city would have to make an effort at collection. Dr. Chapman stated that over the last ten
years, the situation has evolved into a requirement to reimburse.
BILL HOLMAN, PLC Land Company, echoed Assistant City Administrator Fallon's statements. He
informed Council of the progress of the work underway, and asked for Council's approval of the
project.
There being no persons present to speak further on the matter and there being no protests filed, either
written or oral, the hearing was closed by the Mayor.
Mayor Garofalo inquired of City Administrator Silver the issue brought up by the speaker, Mr.
Scheid as to which fund is being used to pay for the excess water capacity in the Edwards Hill
Reservoir.
Assistant City Administrator Fallon responded that Mr. Scheid was correct in stating that the city will
reimburse from fees from other developers, and that this impact fee is appropriate.
A motion was made by Bauer, second Green to adopt Resolution No. 2000-39, "A Resolution of
the City Council of the City of Huntington Beach Approving a Settlement Agreement and Mutual
General Release with PLC, a California General Partnership Regarding Development Agreement
No. 90-1, Known as the Holly-Seacliff Development Agreement' that: (a) Approves the Settlement
Agreement of the Dispute between the City and PLC re: reimbursement due for public facilities
required under the Holly-Seacliff Development Agreement and (b) Authorize the Mayor to sign and
the City Clerk to attest to the Settlement Agreement and Exhibits thereto; and 1. Authorize the
expenditures of $1,468,000 from the Water Master Plan Fund and $500,000 from the Traffic Impact
Fee Fund; and 2. Authorize PLC to widen Ellis to a 48 foot width three -lane street with a 10 foot
wide painted median on an interim basis..". The motion carried unanimously with all present.
ICITY COUNCIL) PUBLIC HEARING — ANNUAL REVIEW OF THE HOLLY SEACLIFF
DEVELOPMENT AGREEMENT (NO. 90-1) 1999 COMPLIANCE REPORT — 450 ACRES — S/O ELLIS
AVENUE, E/O HUNTINGTON STREET, W/O EDWARDS STREET, N10 SEACLIFF GOLF COURSE
(600.10)
Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the
following:
Applicant: City of Huntington Beach
Request: Annual review of the Holly-Seacliff Development Agreement Compliance Report.
Location: Approximately 450 acres located between Ellis Avenue on the north, Huntington Street on the
east, Edwards Street on the west and the Seacliff Golf Course on the south.
(1 s)
April 17, 2000 - Council/Agency Minutes - Page 18
Environmental Status: Categorically exempt from the provisions of the California Environmental
nv�ronmental Quality
Legal notice as provided to the City Clerk's Office by staff had been published and
Earlier in the meeting, the City Clerk had announced that the followin late posted.
item had been provided to the City Council: 9 communication on this
Slide show presentation made by Senior Planner Broeren from the Plannin De
Annual Holly Seacliff Development Agreement Compliance Report. g partment titled
Mayor Garofalo declared the public hearing open.
BILL HOLMAN, PLC Land Company, spoke in favor of the acceptance of the re
answered Council's inquiries relative to property improvements in the Holly Seacliff development,
landscaping features such as acreage of grass and number of trees, port' Mr. Holman
There being no persons present to speak further on the matter and there being no protests filed,
either written or oral, the hearing was closed by the Mayor.
A motion was made by Dettloff, second Green to determine that the developer an
compliance with the Holly Seacliff Development Agreement No. 90-1 by acceptin the
Compliance Report and authorized the Mayor and City Clerk to exec p d the City are in
Development Agreement Compliance (ATTACHMENT NO. 2 .l� fi 1999 Annual
execute the Certificate of
with all present. ) The motion carried unanimously
(CITY COUNCIL) ADMINISTRATIVE PUBLIC HEARING — ADOPTED RESOLUTION
APPROVE CERTIFICATION OF SPECIAL ASSESSMENTS FOR DELINQUENT IV N0. 2000-2 —
MUNICIPAL CODE VIOLATIONS. (570.60) CIVIL FINES FOOR
Mayor Garofalo announced this is the time to consider an administrative public hearing as required
by the California Government Code Section 38377.5 for the purpose of certifyin s
assessments against properties where public nuisances have occurred. g pedal
Request for Council certification of recording Notices of Special Assessments against
private
Property for the value of unpaid civil fines, plus interest and penalties, pursuant o Ordinance
No. 3397 adopted by City Council on June 15, 1998.
City Attorney Hutton presented a staff report. She stated that staff has spent severa
l months of
efforts to collect citations.
Mayor Pro Tern Harman inquired if these civil fines are similar to the prope lie
Zagustin case. rty n imposed in the
City Attorney Hutton responded that the city did not have this resolution in effect ton years ago,
when the Zagustin litigation began.
In response to Mayor Pro Tern Harman, the City Clerk stated that her office does
not send the liens
to the County for recording.
City Attorney Hutton presented the sequential steps of the appeal process
(19) April 17, 2000 - Council/Agency Minutes - Page 19
Mayor Garofalo declared the hearing open.
There being no persons present to speak on the matter and there being no protests filed, either written or
oral, the hearing was closed by the Mayor.
A motion was made by Mayor Pro Tem Harman, second Green, to approve the following recommended
action, along with a request to the City Attorney is requested to provide a memo on the procedure for the
use of fee proceeds:
Adopt Resolution No. 2000-32, entitled "A Resolution of the City Council of the City of Huntington Beach
Certifying Special Assessments for Collecting Delinquent Civil Fines for Municipal Code Violations." The
motion carried unanimously with all present.
CONSENT CALENDAR — ITEMS REMOVED FOR SEPARATE DISCUSSION
Council by unanimous consensus removed the following items from the Consent Calendar for separate
discussion:
Amendments to Two Contracts with Community Services Program, Inc. (CSP — (1) Juvenile
Diversion and (2) Gang Prevention and Intervention Services.
City Council Positions on Legislation Pending before the State Legislature and Congress as
Recommended by the City Council Intergovernmental Relations Committee.
Budget Amendment to the FY 99/00 Park Acquisition and Development Fund for the Return of Park
In -Lieu Fees from Catellus Residential Group for 91) the Development of a neighborhood park at
Former Meadowlark Airport Site and (2) the Expansion of Gibbs Park.
Resubmittal of the Owner Participation Agreement (OPA) with Shelter for the Homeless dba
American Lodging (Shelter) Acquisition and Rehabilitation of 7802 Barton Drive — Authorize Waiver
of insurance Requirements — Original Agreement Approved by Council/Agency on March 20, 2000.
CONSENT CALENDAR — ITEMS APPROVED
On motion by Green, second Mayor Pro Tem Harman, Council approved the following Consent
Calendar items as recommended by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(CITY COUNCIL -REDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of
the City Council/Redevelopment Agency regular meetings of March 20, 2000 and the adjourned
regular meetings of March 27, 2000 as written and on file in the Office of the City Clerk.
(CITY COUNCIL) APPROVED PURCHASE FROM TOWER STRUCTURES COMPANY AND
MOTOROLA COMPANY OF ADDITIONAL RADIO COMMUNICATIONS EQUIPMENT FROM
THE 800 MHZ BOND FUND HELD BY US BANK — POLICE, PUBLIC WORKS, COMMUNITY
SERVICES, AND FIRE (EMERGENCY SERVICES—EOC) DEPARTMENTS (320.45) —1. Approved
the purchase of the additional support equipment from Tower Structures and the undercover radios
(20) April 17, 2000 - Council/Agency Minutes - Page 20
and accessories from Motorola; and 2. Appropriated unrestricted, unencumbered funds from the
800MHz Bond Fund held by the trustee (US Bank) and authorized expenditure from Account E-IR-
ND-128-662.
(CITY COUNCIL) ADOPTED RESOLUTION NO. 2000-33 — SPECIAL MUNICIPAL ELECTION
RESULTS — MARCH 7, 2000 MEASURE I — REZONE OF CLOSED CREST VIEW SCHOOL SITE
AND ADVISORY MEASURE J — CREST VIEW SALES TAX (620.30) — Adopted Resolution No.
2000-33 - "A Resolution of the City Council of Huntington Beach, California, Reciting the Fact of the
Special Municipal Election Held on March 7, 2000, Declaring the Result and Such Other Matters as
Provided by Law."— Special Municipal Election Results — March 7, 2000 — (Measure I — Rezone of
closed Crest View School Site) and (Advisory Measure J — Crest View Sales Tax).
(CITY COUNCIL) APPROVED MONTHLY FEE INCREASES TO BOARDERS OF THE
HUNTINGTON CENTRAL PARK EQUESTRIAN CENTER — REQUESTED BY NATIONAL
EQUESTRIAN CENTERS, INC. (600.35) - Approved the following monthly fee increases to
boarders at Huntington Central Park Equestrian Center as requested by National Equestrian
Centers, Inc.: for 1. Box stalls including tack lockers from $385 to $405; and 2. Pipe stalls
including tack lockers from $275 to $290; and 3. Box stalls with full grooming including tack lockers
from $495 to $515; and 4. Double pipe corral including tack lockers from $365 to $385; and
5. Tack room from $150 to $175.
(CITY COUNCIL) APPROVED A PROFESSIONAL SERVICES CONTRACT WITH
COTTON/BELAND ASSOCIATES, INC. TO PREPARE THE CITY OF HUNTINGTON BEACH
2000-2005 HOUSING ELEMENT UPDATE —APPROVED MODIFICATION TO THE INDEMNITY
REQUIREMENT (600.10) —1. Approved, retroactive to March 1, 2000 the Professional Services
Contract, titled Professional Services Contract between the City of Huntington Beach and
Cotton/Beland/Associates, Inc. for Professional Planning Services to Prepare the City of Huntington
Beach 2000-2005 Housing Element Update, in the amount of $20,790, as prepared by the City
Attorney, between the City and Cotton/Beland Associates, Inc., subject to mutual agreement by the
City and Cotton/Beland Associates, Inc., and authorized the Mayor and City Clerk to sign; and
2. Approved the waiver, as recommended by the Settlement Committee, to allow a 10,000.00
deductible amount for the Professional Liability Insurance coverage; and 3. Approved the
requested modification of the professional liability insurance indemnification clause shown in
Paragraph No. 9 on the contract as recommended by the Settlement Committee.
(CITY COUNCIL) APPROVED AMENDMENT NO. 1 TO THE CONSULTING SERVICES
CONTRACT WITH LAWRENCE ASSOCIATES FOR COMPLETION OF THE CONCEPTUAL
MASTER PLAN FOR THE PALM AND GOLDENWEST AREA — REVIEWED AND PROCESSED
PLC LAND COMPANY SPECIFIC PLAN —APPROVED APPROPRIATION OF FUNDS (600.10) -
Approved and authorized execution by the Mayor and City Clerk of the professional services
contract titled Amendment No. 1 to Agreement Between the City of Huntington Beach and
Lawrence Associates for Palm/Goldenwest Project Management and authorized expenditures for
additional services in the amount of $11,000 to complete the Conceptual Master Plan for the
Palm/Goldenwest Planning Area, thereby creating a total contract in the amount not to exceed
$71,00.
(CITY COUNCIL) APPROVED AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT
WITH PLC LAND COMPANY FOR PLANNING SERVICES FOR THE PALM AND GOLDENWEST
AREA — APPROVE APPROPRIATION OF FUNDS (600.10) - 1. Approved Amendment No. 1 to
the Reimbursement Agreement Between the City of Huntington Beach and PLC for Professional
Planning Services as prepared by the City Attorney, subject to mutual agreement by the city and
(21) April 17, 2000 - Council/Agency Minutes - Page 21
PLC, and authorized the Mayor and City Clerk to sign; and 2. Approved the appropriation of
additional funds in the amount of $11,000 for completion of the planning efforts for the
Palm/Goldenwest area.
(REDEVELOPMENT AGENCY) APPROVED FRANK MOLA COLLECTION SUBORDINATION
AGREEMENT MODIFICATION — SANTA ANA PROPERTY DEED OF TRUST SETTLEMENT
AGREEMENT (COASTAL RIM PROPERTIES, INC. (600.30) — Approved Subordination
Agreement Modification and authorized the Chairman and Executive Director to execute such
agreement on behalf of the Redevelopment Agency; and the Agency Clerk to attest and
acknowledge same.
(CITY COUNCIL) APPROVED BINDING MEDIATION AGREEMENT WITH "BASEBALL
PROVISION" BETWEEN THE CITY AND (1) BERMAN DEVALERIO PEASE AND TABACCO
AND (2) POMERANTZ HAUDEK BLOCK GROSSMAN & GROSS TO RESOLVE FEE DISPUTE
RELATING TO ORANGE COUNTY BANKRUPTCY RECOVERY (600.10) — Approved the Binding
Mediation Agreement with `Baseball" Provision between Law Firms and the City of Huntington
Beach, and authorized the Mayor and the City Clerk to execute same.
(CITY COUNCIL) ADOPTED RESOLUTION NO.2000-40 AUTHORIZING AN EXCEPTION TO
THE PUBLIC BID PROCESS - APPROVED SAMPLE REIMBURSEMENT AGREEMENT WITH
SEACLIFF VILLAGE LLC FOR THE CONSTRUCTION OF WATER PIPELINE REPLACEMENTS
IN THE YORKTOWN AVENUE/GOLDENWEST STREET INTERSECTION (600.10) —1. Adopted
Resolution No. 2000-40, "A Resolution of the City of Huntington Beach Authorizing an Exception to
the Public Bid Process for the Construction of 165 Feet of 12-Inch Water Pipeline Pursuant to City
Charter Section 614" authorizing an exception to the public bid process for the construction of 165
feet of 12-inch water pipeline pursuant to City Charter Section 614; and 2. Approved the attached
sample Reimbursement Agreement for Water Pipeline Construction Between the City of Huntington
Beach and Seacliff Village LLC, a Delaware Limited Liability Company for the actual costs of
construction of water pipeline replacements at the intersection of Yorktown Avenue and Goldenwest
Street; and authorized the Mayor and City Clerk to execute the final agreement upon approval as to
form by the City Attorney, whose office may approve non -substantial revisions as may be
necessary; and 3. Authorized the Director of Public Works to expend monies in an amount not to
exceed $103,357, to cover the low bid amount of $93,957, and an estimated change order
contingency of $9,400.
(CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT - APPRAISAL
SERVICES — BRUCE W. HULL & ASSOCIATES - HILTON GRAND COAST RESORT
(WATERFRONT PROJECT) —COMMUNITY FACILITIES DISTRICT NO.2000-1 (600.10) -
Approved the Professional Services Contract Between the City of Huntington Beach and Bruce W.
Hull & Associates, Inc. for Appraisal Services in connection with the formation of Community
Facilities District No. 2000-1 (Hilton Grand Coast Resort) for an amount not to exceed $76,000.
(CITY COUNCIL) ADOPTED RESOLUTION NO.2000-41 MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE SURF CITY LIFEGUARD EMPLOYEES,
ASSOCIATION (SCLEA) (720.20) — Adopted Resolution No. 2000-41, "A Resolution of the City
Council of the City of Huntington Beach Approving and Implementing the Memorandum of
Understanding Between the Surf City Lifeguard Employees Association and the City of Huntington
Beach for 1/1/00-12131/02."
(22) April 17, 2000 - Council/Agency Minutes - Page 22
(CITY COUNCIL) ADOPTED RESOLUTION NO.2000-42 — APPROVED A 401(A) DEFERRED
COMPENSATION PLAN (ICMA RETIREMENT CORPORATION) (CITY ADMINISTRATOR)
(600.10) —Adopted Resolution No. 2000-42, "A Resolution of the City Council of the City of
Huntington Beach Establishing a Money -Purchase Retirement Plan" and approve Money Purchase
Plan & Trust Agreement establishing a 401(a) Deferred Compensation Plan with the International
City Management Association and authorized execution by the City Treasurer and City Clerk.
(CITY COUNCIL) APPROVED AMENDMENTS TO TWO CONTRACTS WITH COMMUNITY
SERVICES PROGRAM, INC. (CSP) — (1) JUVENILE DIVERSION AND (2) GANG PREVENTION
AND INTERVENTION SERVICES (600.10)
The City Council considered a communication from the Chief of Police recommending approval of
amendments to two contracts with Community Services Program, Inc. (CSP) (1) Juvenile
Diversion and (2) Gang Prevention and Intervention Services. Discussion followed.
A motion was made by Mayor Pro Tern Harman, second Dettloff to approve the following
recommended actions:
1. Approved and authorized the Mayor and City Clerk to execute Amendment No. 9 between the City
of Huntington Beach and Community Services Program, Inc. for Implementation and Management
of Juvenile Diversion Program in an amount not to exceed $75,863; and
2. Approved and authorized the Mayor and City Clerk to execute Amendment No. 9 to Agreement
between the City of Huntington Beach and Community Services Program, Inc. for Implementation
and Management for Gang Prevention and Intervention Services in an amount not to exceed
$41,200.
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(CITY COUNCIL) APPROVED CITY COUNCIL POSITIONS ON PENDING LEGISLATION
PENDING BEFORE THE STATE LEGISLATURE AND CONGRESS AS RECOMMENDED BY
THE CITY COUNCIL INTERGOVERNMENTAL RELATIONS COMMITTEE —VARIOUS
ASSEMBLY BILLS, SENATE BILLS, AND TAX CODES (120.70) .
The City Council considered the legislative recommendations from the Intergovernmental Relations
Committee on various Assembly Bills and Senate Bills as transmitted by Clay Martin, the Director of
Organizational Effectiveness.
A motion was made by Green, second Sullivan to approve the recommendations on the various
Assembly Bills and Senate Bills, with the exception of Assembly Bill 2310, which Councilmember
Green requested to be set aside for separate discussion and vote:
The recommended actions were as follows: The City Council Intergovernmental Relations
Committee has reviewed the legislation below and is recommending the following actions: Motion:
Support AB 1939 (Vincent & Margett) Amending the Public Resources Code (AB 939) relating to
requirements for handling of Solid Waste Management. Motion: Support 1806 (Pacheco)
(23) April 17, 2000 - Council/Agency Minutes - Page 23
Amending the Revenue and Taxation Code by capping the growth of the property tax shifts from
cities that have occurred since the early 90's. Motion: Support AB 1818 (Villaraigosa) Amending
the Welfare and Institutions Code adopting a Senior Center Bond Act to allow the issuance and sale
of bonds to provide funds for acquiring, renovating, constructing and equipping senior centers. This
act would require approval by the voters. Motion: Support AB 2748 (Bates) Amending the
Harbors and Navigation Code relating to coastal resources, and making an appropriation for
restoration of coastal beaches. Motion: Support AB 1835 (Baugh) Amending the Water Code by
providing funding for local public agencies to respond to non -point source pollution. Motion:
Support SB 1444 (Johnson) Authorizing the City of Huntington Beach to convene a multi -agency
task force to study coastal non -point source of pollution in the tidal marshes and coastal waters.
Motion: Support U.S. Conference of Mayors in their efforts to include wording in two tax codes,
S-1017 and HR 175, related to Federal Private Activity Bonds and Low-income Housing Tax
Credits. Motion: Oppose HR 2372 (Candy, R-FL) Permitting a developer to sue a city in federal
court based upon a "takings" claim if they believe a decision on a project was not made within a
"reasonable time." The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer (Garofalo voted aye on AB 1939,
AB 1806, AB 2748, AB 1835, SB 1444, and tax code S 1017).
NOES: None
ABSENT: None
ABSTAINED: Garofalo (AB 1818, HR 175 and HR 2372)
Councilmember Green requested to have Assembly Bill 2310 set aside for further discussion, as
he believes that the bill has undergone significant changes relative to the Bolsa Chica wetlands
since introduction. He stated what he had originally seen from the California League of Cities has
changed drastically from what is being presented. Councilmember Green recommended that staff
look at the re -written and modified version before Council considers taking a position on AB 2310.
Councilmember Dettloff stated that Assembly member Ducheny is a good friend of the environment,
so that this bill appears to be out of character. She informed Council that Assembly member
Ducheny does not wish to change her position on the bill. Councilmember Dettloff stated that the
Coastal Commission should go on record as standing on the issue. Councilmember Dettloff further
stated that the bill is controversial relative to its definition of the Bolsa Chica wetlands.
A motion was made by Sullivan, second Dettloff to approve the following recommended action: The
City Council Intergovernmental Committee has reviewed the following legislation and is
recommending the following action: Motion: Oppose AB 2310 (Ducheny) Amending the Public
Resources Code by expanding the activities permissible in a degraded wetland, as defined to
include recreation, residential, and commercial projects.
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Dettloff, Bauer
NOES: Green
ABSENT: None
(24) April 17, 2000 - Council/Agency Minutes - Page 24
(CITY COUNCIL) APPROVED RECOMMENDED BUDGET AMENDMENT TO FY99/00 PARK
ACQUISITION & DEVELOPMENT FUND FOR THE RETURN OF PARK IN -LIEU FEES FROM
CATELLUS_RESIDENTIAL GROUP FOR (1) DEVELOPMENT OF A NEIGHBORHOOD PARK AT
FORMER MEADOWLARK AIRPORT SITE AND (2) EXPANSION OF GIBBS PARK
(320.45)
The City Council considered a communication submitted by Community Services Director Hagan.
Community Services Director Hagan clarified that action is being taken to pay back in -lieu fees, and
that $499,713 is not a final number.
A motion was made by Bauer, second Dettloff, to approve an amendment to the FY99/00 budget by
appropriating $499,713 from the Park Acquisition and Development Fund to reimburse Catellus
Residential Group for the purpose of developing a neighborhood park and expanding Gibbs Park
per the conditions placed on the Catellus project.
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(CITY COUNCIL/REDEVELOPMENT AGENCY) APPROVED RESUBMITTAL OF OWNER
PARTICIPATION AGREEMENT (OPA) WITH SHELTER FOR THE HOMELESS DBA AMERICAN
LODGING (SHELTER) ACQUISITION AND REHABILITATION OF 7802 BARTON DRIVE —
AUTHORIZED WAIVER OF INSURANCE REQUIREMENTS — ORIGINAL AGREEMENT
APPROVED BY COUNCIL/AGENCY ON MARCH 20, 2000 (600.30)
The City Council considered a communication submitted by Economic Development Director Biggs
relative to technical corrections requiring resubmittal of the owner participation agreement that does
not affect the deal points.
Economic Development Director Biggs responded to the question in the affirmative that the project
does have a transitional center in the city located in the Oak View area.
Councilmember Bauer requested a report relative to the homeless issue in Huntington Beach.
A motion was made by Bauer, second Dettloff to approve the Owner Participation Agreement —
City Action: 1. Waive the City's insurance requirements for purposes of approving the Agency
loan agreement only. Direct staff to ensure that the minimum insurance requirements are met by
Shelter by the close of escrow; and Redevelopment Agency Actions: 1. Approve a loan
agreement with Shelter for the Homeless (Shelter) for $350,000 in HOME Investment Partnership
funds for the acquisition and rehabilitation of 7802 Barton Drive; and 2. Approve and authorize
execution by the Agency Chairman and Agency Clerk of the loan agreement and all attachments
after execution by Shelter, when advised by the City Attorney's Office and authorize recordation of
documents; and 3. Authorize the transfer (by wire, if necessary) of Agency funds in the amount
necessary to Apex Escrow Company (Escrow No. 00018489) to effect the closing of the acquisition
escrow.
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(25) April 17, 2000 - Council/Agency Minutes - Page 25
Request for a Revised Format on the Request for Council Action (RCA) for the Funding
Source on Consent Calendar Items
A request was made by Mayor Pro Tern Harman for a revised format for the funding source on
Consent Calendar Items. Future agenda items are to indicate the specific account from which the
funds are to be withdrawn and the impact on that fund.
(CITY COUNCIL) APPROVED APPROPRIATION OF ADDITIONAL FUNDS FOR URBAN
RUNOFF/COASTAL REMEDIATION, AND DIRECTED PREPARATION OF AMENDMENTS TO
TWO CONTRACTS (1) KOMEX H2O SCIENCE AND (2) URS GREINER WOODWARD CLYDE —
AUTHORIZED ADDITION OF ASSOCIATE CIVIL ENGINEER FOR URBAN RUNOFF/NPDES
PROJECT MANAGEMENT (320.45)
The City Council considered a communication from the Public Works Director regarding the
ongoing Urban Runoff/Coastal Remediation Plan. The City has retained firms to perform
subsurface and surface studies in support of identifying and eliminating bacteria in urban runoff
discharges to the ocean. The preliminary results of these studies indicate the need for expanding
the scope of work. A permanent staff position is being requested to manage the urban runoff and
the Non -Point Source Discharge Elimination System (NPDES) programs. Additional funds are
required to continue the program. It is likely that these funds could be reimbursed through the
recently approved State Water Quality Proposition 13. The City of Huntington Beach may be
eligible for several millions of dollars for water quality control projects by way of this measure.
Mayor Pro Tern Harman inquired if agencies are talking to one another procedurally to ensure that
all pay their fair share of the work.
Public Works Director Beardsley responded that the specific scope of work in Phase Il has not yet
been completed, so that the fair share is as yet undetermined.
On motion by Dettloff, second Green, Council approved the following recommended actions:
(1) Appropriate $950,000 from the unappropriated General Fund Balance to the Urban Runoff
Program.
(2) Authorize the preparation of an amendment to the existing contract with Komex H2O
Science, to continue geologic, hydrogeologic and geophysical consulting services in support
of the Urban Runoff/Coastal Remediation Action Plan. Negotiations would be conducted
immediately for these additional services for an amount not to exceed $364,000.
(3) Authorize the preparation of an amendment to the existing contract with URS Greiner
Woodward Clyde, to continue engineering services in support of identifying and eliminating
bacteria in urban runoff discharges to Huntington Beach. Negotiations would be conducted
at the appropriate time in the consultant's work progress. An appropriation in the amount of
$385,000 is requested from which the additional services would be negotiated.
(4) Approve the addition of an Associate Civil Engineer to oversee the Urban Runoff and Non -
Point Source Discharge Elimination System (NPDES) programs, at an annual cost of
approximately $92,000.
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(26) April 17, 2000 - Council/Agency Minutes - Page 26
(CITY COUNCIL) ADOPTED ORDINANCE NO.3457 RELATING TO VEHICLES,
MOTORCYCLES AND MOTORIZED SCOOTERS & ADOPTED ORDINANCE NO.3458 —
RELATING TO BICYCLE REGULATIONS (640.10)
City Council considered a communication from the Chief of Police informing Council that state law
recently changed the status of "motorized scooters" to allow them to be driven on portions of the
roadway and city streets. Persons 16 years of age or older (wearing a bicycle helmet if under 18
years of age) may now operate these vehicles without a driver's license or vehicle insurance on
roads at speeds under 25 miles per hour. Current City ordinance conflicts with these new
provisions of the vehicle code and should be changed based on the City Attorney's legislative draft
(attached). (Introduction approved on April 3, 2000.)
A motion was made by Green, second Mayor Pro Tern Harman, to approve the following
recommended actions:
(1) Adopt Ordinance No. 3457 by roll call vote, after reading by title — `An Ordinance Of The City
Of Huntington Beach Amending Chapter 8.44 Of The Huntington Beach Municipal Code
Relating To Vehicles, Motorcycles And Motorized Scooters."
(2) Adopt Ordinance No. 3458 by roll call vote, after reading by title — `An Ordinance Of The City
Of Huntington Beach Amending Chapter 10.84 Of The Huntington Beach Municipal Code
Relating To Bicycle Regulations."
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
Councilmember Bauer requested if the item he submitted for Council consideration regarding
landscape improvements could be moved forward. The City Council concurred.
(CITY COUNCIL) RECOMMENDATION FOR LANDSCAPE IMPROVEMENTS N/O EDINGER
AVENUE FROM SAYBROOK TO COUNTESS DRIVE (REQUESTED BY THEHUNTINGTON
HARBOUR PROPERTY OWNERS ASSOCIATION - (COUNTY FLOOD CONTROL CHANNEL)
(100.10)
The City Council considered a communication from Councilmember Bauer submitting memos
written by Daryl Smith on his behalf with regards to landscaping along Edinger west of Saybrook
and other locations and issues. The current issues being brought forward are primarily those of
concern to the Huntington Harbour Property Owners Association.
A late communication in the form of a slide report from Councilmember Bauer dated April 17, 2000,
titled City Beautification Issues for Inclusion in 1999-2000 and 2000-2001 Work Programs and
Budgets was received and announced as a late communication by the City Clerk earlier in the
meeting.
(27) April 17, 2000 - Council/Agency Minutes - Page 27
Discussion held on this issue included the suggestion that the Tree Committee meet to look at
landscaping budgets and priorities.
A motion was made by Bauer, second Dettloff, to direct the Department of Public Works to return to
Council no later than July 1, 2000 with a procedure, criteria, and policy for such projects when there
is 50% match by citizens, and provided every government agency involved in property pay its fair
share.
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(CITY COUNCIL) DEFERRED TO MAY 1, 2000 - APPROVAL OF ADOPTION OF ORDINANCE
NO. 3459 AMENDING H.B.M.C. RELATING TO PARKING METERS (320.40)
The City Council considered a communication submitted by Matthew Lamb, the Real Estate
Division Manager, dated April 17, 2000 titled Main Promenade & Downtown Redevelopment
Summary, which was announced earlier as a late communication by the City Clerk.
Mayor Garofalo spoke regarding this item and his related item (next to follow) on the parking
structure issue. The Mayor provided his reasons for placing his item on the agenda, including the
need for the city to adopt a Master Parking Plan.
Mayor Pro Tern Harman inquired if Mayor Garofalo's item is a reconsideration of the ordinance
which was introduced at the last Council meeting of April 3, 2000 that had received a 3-to-2 vote.
Considerable discussion followed on this matter, including advice sought from the City Attorney and
City Clerk relative to what constitutes reconsideration versus new business.
A motion was made by Mayor Garofalo, second Dettloff to defer to May 1, 2000 consideration of the
subject of approving the adoption of Ordinance No. 3459 - "An Ordinance Of The City Of
Huntington Beach Amending the Huntington Beach Municipal Code by Amending Section 10.60.20
thereof Relating to Parking Meters." Submitted by the Community Services Director. (Introduction
approved on April 3, 2000.)
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff
NOES: Harman, Bauer
ABSENT: None
(CITY COUNCIL) RECOMMENDED CITY COUNCIL ACTIONS RELATIVE TO MAIN
PROMENADE DOWNTOWN PARKING STRUCTURE/MAIN STREET PARKING METERS
(320.40)
The City Council considered a communication from Mayor Dave Garofalo regarding Resolution
No. 2000-31, "A Resolution Of The City Council Of The City Of Huntington Beach Amending City
Fee Resolution No. 5159, As Amended, To Adjust The Fees For The Main Promenade Parking
Structure (Supplemental Fee Resolution No. 75)."adopted on April 3, 2000 and Ordinance No.
3459, "An Ordinance Of The City Of Huntington Beach Amending the Huntington Beach Municipal
Code by Amending Section 10.60.20 thereof Relating to Parking Meters. "(introduction approved on
April 3, 2000.)
(28) April 17, 2000 - Council/Agency Minutes - Page 28
A motion was made by Mayor Garofalo, second Green to defer this item to May 1, 2000 with a
presentation of a resolution regarding the parking structure, and possibly changing the resolution
previously adopted April 3, 2000.
The motion carried by the following roll call vote:
AYES: Julien, Garofalo, Green, Dettloff
NOES: Sullivan, Harman, Bauer
ABSENT: None
ADJOURNMENT - CITY COUNCIL -REDEVELOPMENT AGENCY
A motion was made to adjourn the regular adjourned meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Monday, April 24, 2000, at 5:00 p.m., in
Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex-officio Clerk of�the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
City Clerk -Clerk Mayor -Chairman NJ