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HomeMy WebLinkAbout2000-08-07 (7)Minutes City Council/Redevelopment Agency City Of Huntington Beach 5:00 P.M. - Room B-8 7:00 P.M. - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, August 7, 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 Cali Present: Sullivan, Garofalo, Green, Bauer (Julien arrived at 5:18 p.m.) Absent: Harman, Dettloff Late Communications The Deputy City Clerk announced two study session Late Communications: PowerPoint slide report from the Community Services Department dated August 7, 2000 titled Community Services Projects Status Report for August 7, 2000. Communication titled Community Services Quarterly Report — Summer 2000. The Deputy City Clerk announced a Late Communication, dated August 7, 2000 handed out by City Attorney Hutton for the Agenda Item on the Alcohol Beverage Control Subordinate Representative. The communication is titled Designation of the Chief of Police, with Oversight of City Council, as the Designated Representative for Purposes of ABC Licensing. Public Comments Russell Reinhart, representative of the Huntington Beach Police Officer's Association (HBPOA), presented an updated report that labor negotiations between the City and the Police Association have progressed favorably for both parties. He expressed concern over the in- house managed health care plan. Mr. Reinhart stated his preference that the HBPOA be covered by CALPERS (the California Public Employees Retirement System) as being a more cost-effective system. (2) August 7, 2000 - Council/Agency Minutes - Page 2 (City Council/Redevelopment Agency) Study Session — Presentation and Update of Various Community Services Department Capital Projects (320.40) The Community Services Department staff presented a brief report and a Power Point slide show to update City Council on Capital Projects in the Community Services Department. This report had been announced earlier as a late communication by the Deputy City Clerk: PowerPoint slide report from the Community Services Department dated August 7, 2000 titled Community Services Projects Status Report for August 7, 2000. Communication titled Community Services Quarterly Report — Summer 2000. This presentation included status of projects that are (1) currently being master planned, (2) processing through entitlements, (3) in preparation of plans and specifications, (4) under construction, or (S) recently completed. Community Services Director Ron Hagan introduced David Dominguez, Senior Recreation Supervisor/Development and Jim Engle, Deputy Director, members of his staff who delivered the PowerPoint presentation which had been announced earlier as a Late Communication by the Deputy City Clerk. Community Services Director Hagan announced that the dedication for the Public Restroom and Lifeguard Tower Zero will be held on August 30, 2000. Deputy Director Engle informed Council that the "SurfCircle" entryway sculpture will be funded through the South Beach Improvements Phase I Project. In reference to the Huntington Central Park (HCP) Sports Complex, Community Services Director Hagan informed Council that the county and state agencies are reviewing the plans and specifications. He informed Council that he had received a report that the HCP Sports Complex is on track with its 18-month timeline. Discussion was held relative to the reconfiguration of Murdy Park from an adult field to a Little League softball field. Community Services Director Hagan affirmed Councilmember Sullivan's remark that the conversion is to make good use of available property, in lieu of buying additional property. Other topics covered included provisions being made for a lighted softball field Practice area in addition to a lighted playing area. Deputy Director Engle expressed concern over the Native American village on -site at Bartlett Park. He spoke regarding the difficulty with developing the area until more is known regarding sensitivity factors. Mr. Engle stated that placing the project to be considered for the Master Plan will require community input. Deputy Director Engle spoke relative to the American Disabilities (ADA) Act passed in 1990, in regard to the ADA consumer safety guidelines for the city's Tot Lot playgrounds. He stated that since the playgrounds are not currently meeting safety and accessibility standards, the goal is to retrofit and upgrade them. Considerable discussion followed regarding other projects, including the gun range, new cabanas needed for beach concessions, sports grants, youth sports facilities, and the Edison (3) August 7, 2000 - Council/Agency Minutes - Page 3 Park softball reconfiguration, a turnkey operation which Community Services Director Hagan stated is similar to the Murdy Park reconfiguration. A question -and -answer period headed by Community Services Director Hagan ensued. Councilmember Green inquired relative to the City Council study session on unfunded projects scheduled for Monday, August 14, 2000. Councilmember Green inquired why the issue of the Urban Forest was not included on the Unfunded Projects List. Community Services Director Hagan answered that while it is not on the list, the Urban Forest is a Public Works Department project. He informed Council that the Trees Society and the Environmental Board have provided Council with a tree planting system for the Master Plan which proposes to scale down estimated costs by using native trees. Community Services Director Hagan informed Council that the Master Plan includes remediation, encyclopedia lots, and the urban forest trail system. Parks, Trees, and Landscape Superintendent Daryl Smith added that the proposed site of the urban forest, adjacent to Central Park near Goldenwest Street and Ellis Avenue, is an old abandoned oil field. He informed Council that a study is being conducted on a road; a narrow corridor of which a few acres may be suitable for tree planting. Other projects were mentioned which are not on the Unfunded Projects List: 1. Lambert Park, a small park within a closed, gated community that Councilmember Green stated is within the mitigation agreement with the Arnel Retail Group, the developer of Wal- Mart_ Community Services Director Hagan responded that Lambert Park should also be on the Unfunded Projects List; that it meets plans and specifications. Community Services Director Hagan spoke relative to handicap accessibility and other features of the project, including retaining walls and a concrete trail. 2. Community Services Director Hagan stated that the Therapeutic Riding Center, which is part of the existing equestrian center, is also not on the Unfunded Projects List. He informed Council that the center has been grandfathered-in with the Central Park Master Plan, and meets both Conditional Use Permit and Measure C requirements. Community Services Director Hagan stated that the project may need to go to a vote of the people. 3. Councilmember Bauer inquired regarding Sulley Miller Lake, proposing that the area may be utilized for fishing and other day uses. He stated that the lake has much potential for public amenities such as the docks and concession areas. Community Services Director Hagan responded that Sulley Miller Lake may need a Measure C vote and that the situation will be analyzed. 4. Councilmember Sullivan spoke relative to the potential in Lambert Park for archaeological - related problems but that handicap access should not be a concern. 5. Councilmember Sullivan introduced the topic of locating the proposed Senior Center at the site of the old Pacifica Hospital. Councilmember Sullivan spoke regarding options for the (4) August 7, 2000 - Council/Agency Minutes - Page 4 Pacifica Tower, including the possibility of zone changes to allow for a high-rise, senior housing condominium. Council thanked staff for the comprehensive status reports. A motion was made by Sullivan, second Green to recess -to Closed Session on the following items. The motion carried by the following roll call vote. AYES: Julien, Sullivan, Garofalo, Green, Bauer NOES: None ABSENT: Harman, Dettloff (City Council) Closed Session — Pursuant to Government Code Section 54957.E to meet with its designated representatives William Osness, Personnel Director; Daniel Cassidy, Esquire of Liebert, Cassidy and Frierson and Richard Whitmore, Esquire of Whitmore, Johnson & Bolanos regarding labor relations matters — meet and confer with the following employee organizations: MSOA, POA, PMA, and HBFA. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiators, Matt Lamb, John Reekstin and Ray Silver, regarding negotiations with Poseidon Resources and the M. W. D. O. C. (Metropolitan Water District of Orange County) and Southern California Edison Company concerning the purchaselsale/ exchange/lease of the property located at Pacific Coast Highway and Newland Street ` immediately to the north of the AES Power Plant (APN 114-150-16). Instruction will concern both price and terms of payment. (120.80) (City Council) Closed Session -- 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 the Matter of the Application of Southern California. Edison Company (U-338-E) for Authority to Sell its Fuel Oil Pipelines Facilities before the Public Utilities Commission, Application 00-01-037. Subject: Southern California Edison Company (120.80) (City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer with its city 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: E-One, a subsidiary of Federal Signal Corporation. (120.80) (City Council) Closed Session — 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 Amwest Environmental Group, et al. v. City of Huntington Beach, et al. — Orange County Superior Court Case No. 00 CC 08364. Subject: Amwest Environmental Group. (120.80) (City Council) Closed Session — 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 and City of Fountain Valley v. Orange County Water District - Orange County Superior Court Case Nos. 815921 and 818852. Subject: City of Huntington Beach and City of Fountain Valley v. Orange County Water District. (120.80) (5) August 7, 2000 - Council/Agency Minutes - Page S Reconvene City Council/Redevelopment Agency Meeting No Actions Taken which Require a Reporting Pursuant to Government Code §54957.1(a) (3) (B)). City Council — Redevelopment Agency Roll Call Present Julien, Sullivan, Garofalo, Green, Bauer, Dettloff Absent Harman Flag Ceremony and Pledge of Allegiance -- Led by Chief Lowenberg. Invocation — Led by Huntington Beach Police Department Chaplain Steven Purdue. Mayor Garofalo announced that Economic Development Director David Biggs has been appointed as Acting City Administrator during City Administrator Ray Silver's absence due to Mr. Silver's attendance at a meeting and vacation in Australia. Mayor Garofalo announced that the agenda item on the anti-nuditylsex-oriented business ordinances will be deferred to September 5, 2000. City Clerk Announces Late Communications Which Pertain to Reins on the Agenda Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following Late Communications regarding agenda items. These communications were received following distribution of the agenda: PowerPoint slide report dated August 7, 2000 titled Community Services Projects Status Report for August 7, 2000. Communication titled Community Services Quarterly Report Summer 2000. Slide show presentation dated August 7, 2000 from the Department of Public Works titled Urban RunofflCoastal Remediation Action Plan — Status Report. Slide show presentation dated August 7, 2000 from Shari Freidenrich, City Treasurer titled Treasurer's Report. Communication dated August 7, 2000 from Tuchman & Associates, Attorneys at Law (representing Burlington Coat Factory) reiterating Burlington Coat Factory's objections to the adoption of The Crossings Specific Plan. The communication is titled Burlington Coat Factory. Slide show presentation submitted by the Planning Department to the City Clerk's Office on August 7, 2000. The slide show presentation is titled The Crossings at Huntington Beach — Specir`1c Plan No. 13. Communication from Sheppard, Mullins, Richter & Hampton, LLP dated August 7, 2000 titled City of Huntington Beach Council Hearing on Monday, August 7, 2000/Agenda Item No. D-11 Zoning Map Amendment No. 00-llZoning Text Amendment No. 00-2 (The Crossings at Huntington Beach Specific Plan). (6) August 7, 2000 - Council/Agency Minutes - Page 6 Communication dated August 2, 2000 from the Chief of Police transmitting supplemental information_ for the Agenda Item designating the Police Chief as Subordinate for limited actions on Alcohol Beverage Control (ABC) Licenses. The communication is titled Supplemental Information for RCA #PD 00-014 (23800 (e) BAP). Communication dated August 7, 2000 from the Office of the City Attorney transmitting supplemental information for the Agenda Item designating the Police Chief as Subordinate for limited actions on Alcohol Beverage Control (ABC) Licenses. The communication is dated August 7, 2000 titled Designation of the Chief of Police, with Oversight of City Council, as the Designated Representative for Purposes of ABC Licensing. Public Comments Norm Westwell, Council candidate spoke in opposition to the Agenda Item relative to the appraisal of fixtures and equipment of the Montgomery Wards and Burlington Coat Factory stores. He spoke in favor of including Burlington Coat Factory in the Crossings" redevelopment plan, and expressed the opinion that the city is interfering with the negotiations. Mr. Westwell requested the removal of the item and to have it re -scheduled for a public hearing. John Glowacz spoke in opposition to what he believes is the city's involvement in the shopping cart retrieval business. Ted Crisell spoke in opposition to the development of Little Shell Wetlands and the Bolsa Chica mesa. He rebutted assertions that their preservation is outside the Coastal Commission's jurisdiction. Mr. Crisell announced a planned demonstration at the Coastal Commission hearing to take place Wednesday, August 9, 2000 at the Waterfront Hilton to declare the wetlands as a Federal/State preserve, and thus uphold the Coastal Act. Joseph J. Racano spoke against toxic waste and the Ascon Nesi site located at Hamilton Avenue and Magnolia Street. He informed Council that the Sandover Project had been built above a sacred burial ground. Mr. Racano declared his candidacy for City Council and reiterated the last speaker, Mr. Crisell's announcement regarding the protest that Mr. Racano terms "Victory on the Coast," to take place at the Waterfront Hilton on August 9, 2000 and every Saturday at noon at the Bolsa Chica Mesa. Mayor Garofalo directed Planning staff to review previous Council actions on the Sandover Project. Chuck Scheid stated his belief that the use of property tax for bills that are not due or payable in the coming year violates City Charter provisions. He distributed a handout to Council relative to the 5% property tax override. Mr. Scheid requested that Council reconsider its prior action and table the proposal, at least until a legal opinion has been obtained from the City Attorney. Vickie Talley spoke regarding the Agenda Item on approving the appointments to the Mobile Home Advisory Board. She requested that Council not reappoint Mark Porter to the MHAB. Ms. Talley alleged Mr. Porter's conflicts of interest, stating that he has an affiliation with mobile home parks and is an advisor to a tenants' association on the Golden State Mobile Home Owners' League (GSMOL). (7) August 7, 2000 - Council/Agency Minutes - Page 7 Wendy Mello requested the need for traffic signals at Heil Avenue and Graham Street instead of stop signs_. Ms. Mello also spoke regarding the unsafe condition of her neighbor's tree on the street under windstorm conditions. Steve Gullage, mobile home owner, spoke regarding Mayor Garofalo's alleged conflicts of interest. He stated that the Council and staff have not been responsive with passing a mobile home rent control ordinance. Mr. Gullage spoke regarding the Mobile Home Fair Practices Act. He referred to Ed Laird's Charter Amendment, stating that it provides for a triple increase in rents that can be charged by mobile home park owners. Pauline Robison stated she is speaking on behalf of mobile home residents against the anti - renter initiative being proposed by Ed Laird. She stated miscommunication among some parks, causing them to issue rental increase notices in anticipation of rent control. Ms. Robinson requested that the mobile home rent control ordinance proposed by the Mobile Home Advisory Board (MHAB) be agendized. Axel Jacobs requested assistance relative to high maintenance and time costs of conforming to city landscaping codes. Mr. Jacobs expressed concern regarding his receipt of notices of violation on overgrown/dead vegetation. He distributed photographs to Council of properties on Milford Circle, stating that all properties are not treated as stringently as is his property. Mayor Garofalo requested that Mr. Jacobs leave his phone number in order to have Senior Planner Michael Strange from the Code Enforcement Division call him. Sara Stringer spoke in opposition to the policy of ticketing cars during street sweeping mornings. She stated that her complaint is not against the operator, but against the machine that tracks mud along the streets. Jim Stringer spoke in opposition to parking problems caused by street sweeping. He emphasized the difficulty of moving cars around early in the morning. Mr. Stringer described how mud is sometimes spun out into the streets by the machine, and stated the need for quality control. Mayor Garofalo requested that the Stringers provide their address to Public Works Director Robert Beardsley who will follow up on the issue. Larry Munro inquired as to where to park his car during street sweeping mornings. He distributed photographs to Council. Mr. Munro requested either a variance to park on the street for properties such as his with a short driveway, permission to park on the street, or a variance to allow a parking system on alternate sides of the street. Don McGee stated his opposition to the petition for a Charter Amendment that would prohibit rent control in mobile home parks. Mr. McGee spoke against urban runoff caused by toxic waste and sewage. Gerald Chapman spoke as Co -Chairman of the Huntington Beach Art Center Foundation and Summer Classic Equestrian Event. He extended an invitation to the GTE Equestrian event to be held the following Saturday and Sunday, August 12 and 13, 2000. Dr. Chapman spoke relative to a letter written to the Executive Director of GTE Directories from David Garofalo Associates soliciting the placement of an ad in the Local News. (8) August 7, 2000 - Council/Agency Minutes - Page 8 R. Allen Baylis, member of AANR (American Agency for Nude Recreation) and The Nature Society spoke in support of the Council decision to postpone action on the anti -nudity bill. He informed Council that the ordinance as written is unenforceable, stating that penal code,-,were cited incorrectly. Mr. Baylis commended the city for an admirable job during the Fourth of July celebrations. Suzanne Schell, member of AANR (American Agency for Nude Recreation) and Laguna del Sol spoke in favor of recommending postponement and the re -writing of the anti -nudity ordinance. Ms. Schell informed Council that she is the operator of a family, clothing -optional resort in Sacramento County. She stated her opposition to nudity being linked with sexual activity. Irene Shannon, nudist, spoke in opposition to the anti -nudity ordinance. She stated that such an ordinance would be directed against a victimless crime. Ms. Shannon spoke against the possible effects of the ordinance on nudist organizations. Marianna Handler, nudist, and member of Friends of San Onofre Beach, took exception to statements that link children, nudity and lewd behavior. Cheryl Hoglund displayed The Holy Scripture, and spoke in favor of the anti -nudity ordinance. Ms. Hoglund spoke in opposition to the nude juice bar at Beach Boulevard and Talbert Avenue. Lynne Israelsky informed Council that she could not wait until the time for the public hearing on "The Crossings of Huntington Beach," and requested permission to speak in favor of the project at that time. She expressed her enthusiasm over the proposed project which she stated would provide restaurants and other amenities. Ms. Israelsky spoke of "The Crossings" as valuable; a destination place close to the freeway that would provide a regional draw to Huntington Beach. Bea Hanser reiterated the last speaker, Ms. Israelsky's comments in support of "The Crossings at Huntington Beach." She stated that it is a special commercial project that can be shown off to visiting out-of-towners. Ms. Hanser spoke of the proposed shopping and restaurant district as appealing. She commended existing business establishments at the present site of the Huntington Center Mall such as the Barnes and Noble Bookstore, as assets to the area. (City Council) Announcement Made by Mayor Garofalo Re: Meeting with Seagate Homeowners Association for a Comprehensive Plan on Traffic Conditions at Seagate Avenue and Summit Drive (580.30) Mayor Garofalo announced that he attended a meeting with Mayor Pro Tern Harman, Councilmember Julien and members of the Seagate Homeowners Association for a comprehensive plan on traffic conditions as a result of the tragic bicycle accident at Seagate Avenue and Summit Drives. The Mayor stated that the meeting went well and that the plan was well received. (City Council) Received and Piled Public Works Director's Urban Runoff/Coastal Remediation Action Plan — Update for July 2000 (520.30) Acting City Administrator Biggs introduced Public Works Director Beardsley who delivered the PowerPoint slide report. (9) August 7, 2000 - Council/Agency Minutes - Page 9 The City Council considered a slide presentation from Director of Public Works Robert Beardsley that had been announced earlier by the City Clerk as a bate Communication The slide report presentation is dated August 7, 2000 and titled Urban Runoff/Coastal Remediation Plan Update. It transmits the update for the month of July 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 that contributed to the ocean advisory and postings of last summer. A summary of the current activities is submitted and an update of the Director's Action Plan has been provided at the Council meeting. Councilmember Bauer inquired about the city's involvement in handling urban runoff into the flood control channels. Councilmember Bauer expressed concern over the Wintersburg Channel that empties into the Huntington Harbour, as well as the Santa Ana and the Greenville/ Banning Channels. Public Works Director Beardsley responded that the County of Orange is taking the lead. He stated that coordination is handled on a "watershed -by -watershed" basis. Councilmember Green explained the connection between street sweeping and good water quality. Councilmember Green commented that street sweeping assists in helping the environment, by preventing trash from being swept into the ocean. Council thanked Public Works Director Beardsley for his update. (City Council) Reviewed and Accepted City Treasurer's ,tune 2000 Investment Summary Report (310.20) The City Council considered a communication from the City Treasurer transmitting the Monthly Investment Report for June 2000. Earlier in the meeting, the City Clerk had announced that the following communication on this item had been provided to the City Council: Slide show presentation dated August 7, 2000 from Shari Freidenrich, City Treasurer titled Treasurer's Report. City Treasurer Freidenrich delivered a summary of the investment balance trends, stating that the increase shows diversification from four to eight types of investments as of June 30, 2000. Mayor Garofalo thanked City Treasurer Freidenrich for her report, and for the excellent audit results of her office, and that of the Office of the City Attorney. Following the review of the report, on motion by Sullivan, second Green Council accepted the Monthly Investment Report for April 2000 pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES None ABSENT: Harman (10) August 7, 2000 - Council/Agency Minutes - Page 10 (City Council) Public Hearing —Approved Reconsideration of Zoning Map Amendment No. 00-01/Zoning Text Amendment No. 00-02 Specific Plan No. 13 — "The Crossings at Huntington Beach" (formerly Huntington Center Mall) to Allow Drive -Through Bakery Use Adopt Resolution No. 2000-80 (450.30) Mayor Garofalo announced his abstention from consideration of the public hearing upon the advice of the City Attorney for potential financial interest. The Mayor stated that Councilmember Julien is going to preside over the public hearing proceedings in the absence of Mayor Pro Tem Harman. Councilmember Julien announced that this was the time scheduled for a public hearing to consider the following: Applicant/Appellant: the City of Huntington Beach and the Redevelopment Agency of the City of Huntington Beach. Request: Reconsideration of a zoning map amendment and zoning text amendment to adopt Specific Plan No. 13 for the Huntington Beach mall property. Zoning Map Amendment: Amend zoning from CG (General Commercial) and CG-FP2 (General Commercial -Flood Plain) to Specific Plan No. 13. Zoning Text Amendment: Adopt Specific Plan No. 13, which establishes zoning, development standards, site design, and architectural guidelines to govern future development, requires Regional Commercial uses and creates an amortization schedule for non -conforming uses and structures at the 63 acre property. Location: 7777 Edinger Avenue (bounded by Beach Boulevard, Edinger Avenue, Center Avenue, and the Southern Pacific Railroad). Environmental Status: The above item is covered under the General Plan Environmental Impact Report certified and adopted by the Huntington Beach City Council on May 13, 1996, pursuant to the provisions of the California Environmental Quality Act. Communication received and distributed with the agenda packet dated August 3, 2000 from Sheppard, Mullin, Richter & Hampton, LLP Attorneys -at -Law re: Montgomery Ward, LLC v. City of Huntington Beach, et al. Communication received and distributed with the agenda packet dated August 3, 2000 from Spencer H. Heine, President of Montgomery Wards Properties requesting a Tolling Agreement. Acting City Administrator Biggs introduced Associate Planner Jane James who presented a PowerPoint slide report that had been announced earlier as a Late Communication. The slide show presentation submitted by the Planning Department to the City Clerk's Office on August 7, 2000 is titled The Crossings of Huntington Beach — Specific Plan No. 13. (11) August 7, 2000 - Council/Agency Minutes - Page 11 Councilmember Julien declared the public hearing open Rocky LaCross spoke on behalf of Burlington Coat Factory to reaffirm its interest in participation in the redevelopment process. He stated that he is questioned daily by the store employees as to the company's removal from the Huntington Center Mall plan. Mr. LaCross informed Council that he has collected over 9,000 signatures, and that Burlington Coat Factory as a regional draw brings income from other areas. He stated that Ezralow brought up the subject of the bakery issue. Mr. LaCross questioned the agenda item as to why an appraisal is being conducted of Montgomery Wards and Burlington Coat Factory. Sue Hebert, member of the North Huntington Beach Business Association spoke in support of "The Crossings at Huntington Beach." She stated she saw the video of the Italian Village concept. Ms. Hebert commended the proposed project as a wonderful retail destination place. Carole Ann Wall spoke in favor of "The Crossings," stating that she viewed the Ezralow renderings and expressed her excitement over the development. Ms. Wall spoke regarding Wal-Mart being available for lower end shopping, and "The Crossings" for upscale. Bole Traver stated that until the proposal for "The Crossings," the Irvine Spectrum, the City Block, Metro Pointe and Triangle Square had nothing in common with Huntington Beach. He spoke regarding the project as bringing the city to the map. Mr. Traver commended Ezralow's redevelopment plan as beneficial to the city treasury, and also as a beautiful local destination. Ray Peckham, property owner and businessman expressed appreciation of the city bringing in a high scale development, "The Crossings at Huntington Beach." He spoke regarding enhancing pride in the city and keeping the tax dollars in town. Mr. Peckham stated that the proposed restaurants and shops will not be big box shopping but will be a great destination center. Norm Westwell, candidate for City Council spoke in favor of the public hearing to reconsider approval of the drive -through bakery. He cautioned against what he termed the practice of "micro -management." Mr. Westwell urged Council to move forward with the developer, Ezralow's proposal. He questioned why Burlington Coat Factory is not considered as upscale as Mervyn's, Montgomery Ward's, or the donut shop proposed for the site, Krispy Kreme. Loren Cohen, Attorney -at -Law from Tuchman & Associates, spoke on behalf of Burlington Coat Factory. He informed Council that the store has been shut out from participating in negotiations by Ezralow Retail Properties and the Redevelopment Agency. Mr. Cohen spoke regarding a memo, stating that he has not been able to trace anyone who claims to have authored it. He stated that Burlington Coat Factory would like equal footing, and that its employers and officers wish to remain in Huntington Beach Center. Douglas Gray, President, Ezralow Retail Properties urged Council approval of the drive - through bakery. He informed Council that the reason for the selection of Krispy Kreme is due to its regional nature; that the store brings in 300,000 customers annually. He requested that Council vote in favor of the design and development guidelines as attached in the staff RCA (Request for Council Action). 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 Councilmember Julien. (12) August 7, 2000 - Council/Agency Minutes - Page 12 The City Clerk announced for the record that the following Late Communications that she had announced -earlier in the meeting, pertain to the public hearing: Communication dated August 7, 2000 from Tuchman & Associates, Attorneys at Law (representing Burlington Coat Factory) reiterating Burlington Coat Factory's objections to the adoption of The Crossings Specific Plan. The communication is titled Burlington Coat Factory. Slide show presentation submitted by the Planning Department to the City Clerk's Office on August 7, 2000. The slide show presentation is titled The Crossings at Huntington Beach — Specific Plan No. 13. Communication from Sheppard, Mullins, Richter & Hampton, LLP dated August 7, 2000 titled City of Huntington Beach Council Hearing on Monday, August 7, 2000/Agenda Item No. D-7f Zoning Map Amendment No. 00-7fZoning Text Amendment No. 00-2 (The Crossings of Huntington Beach Specific Plan). Councilmember Dettloff informed Council that she is not going to support a motion to approve reconsideration of allowing the drive -through bakery. She stated that her reasons are due to consistency of bringing in quality projects to the location. Councilmember Dettloff expressed the opinion that a drive -thorough in any form would not achieve the goal of maintaining the best mail possible. Discussion followed regarding the differences between the Planning Commission and the staff recommendations relative to issues of visibility versus screening from the street; of the various elements of the bakery, such as the building frontage, drive -through lanes and parking lots. Councilmember Bauer suggested taking into consideration the Planning Commission recommendation, stating that visibility of the building frontage, rather than the drive through lanes and parking lots may be important. Deliberation on the matter resulted in the outcome of proposing a change relative to the design and development regulations. The change is to substitute Attachment No. 3 (the Planning Commission recommended action) in lieu of Attachment No. 2 (Staffs recommended action). Associate Planner Jane James clarified that Attachment No. 3 reflects the Planning Commission's strike -outs. A motion was made by Green, second Sullivan to: 1. Approve Zoning Map Amendment No. 00-01 and Zoning Text Amendment No. 00-02 with findings for approval (ATTACHMENT NO. 1 *); and 2. Adopt Resolution No. 2000-80 (ATTACHMENT NO.4) — "A Resolution of the City Council of the City of Huntington Beach Adopting Specific Plan No. 13 to Change the Zoning Designation on Real Property Bounded Generally by Beach Boulevard, EdingerAvenue, Center Avenue, and the Southem Pacific Railroad from General Commercial (CG) and General Commercial —Flood Plain (CG-FP2) to Specific Plan No. 13 (the Crossings at Huntington Beach Speck Plan)," and include the following modifications: a. Include one drive -through bakery in the Permitted Uses chart b. Include a definition of drive -through bakery C. Establish design and development regulations (ATTACHMENT NO. 3** as amended ). (13) August 7, 2000 - Council/Agency Minutes - Page 13 The motion carried by the following roll call vote: AYES: Julien, Sullivan, Green, Bauer NOES: Dettloff ABSTAIN: Garofalo ABSENT: Harman ATTACHMENT NO. 1* Suggested Findings for Approval Zoning Map Amendment No. 00-011 Zoning Text Amendment No. 00-02 Suggested Findings for Approval — Zoning Map Amendment No. 00-01 and Zoning Text Amendment No. 00-02: 1. Zoning Map Amendment No. 00-01 and Zoning Text Amendment No. 00-02 to change the zoning on an approximate 63 acre parcel from CG (General Commercial) and CG-FP2 (General Commercial — Floodplain) to The Crossings at Huntington Beach Specific Plan No. 13 is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The proposed Specific Plan is consistent with the goals and policies of the land Use Element of the General Plan. The Specific Plan will allow for the creation of a development compatible with and sensitive to the existing land uses in the project area. The Specific Plan provides development regulations which address issues of compatibility by providing unique architectural and design guidelines, adequate setbacks, building heights, parking, landscaping, and signing in order to provide a high quality regional commercial and entertainment complex. The proposed zoning document is consistent with the goals and policies of the Economic Development Element of the General Plan. The Specific Plan will stimulate business opportunities within the City by allowing for and encouraging development consistent with the Specific Plan under an expedited entitlement process. Additionally, the Specific Plan provides for a range of employment opportunities in the professional, retail, service and entertainment fields, thus stimulating business opportunities and strengthening the employee base of the community. The Specific Plan also identifies design/architectural standards, consistent with the inten of the goals and policies of Subarea 5A and the Urban Design Element. The Specific Plan Provides design/architectural guidelines which requires construction of an Italian Village themed development and promotes use of high quality colors, materials, architecture and design concepts. These development policies and standards encourage improving the existing property and carry out the goals and policies established in the Urban Design Element. The Specific Plan addresses future infrastructure needs for the property which complies with the Circulation Element, Growth Management Element, Public Facilities and Public Services Element, and Utilities Element. (14) August 7, 2000 - Council/Agency Minutes - Page 14 2. In the case of a general land use provision, the zoning map and text amendments are compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The proposed uses identified in the Crossings at Huntington Beach Plan No. 13 allows commercial related uses along with regional commercial land uses consistent with the General Plan. 3. A community need is demonstrated for the change proposed. The proposed Specific Plan provides the standards necessary to develop a high quality regional commercial shopping and entertainment complex. The Design Guidelines and Development Standards of the Specific Plan provide standards which exceed the minimum requirements identified in Section 211, Commercial Districts of the Huntington Beach Zoning and Subdivision Ordinance. In addition, the continued expansion of the regional commercial base of the community provides jobs, an increase in property and payroll taxes, and contributes to the City's job -housing balance. 4. The adoption of the Crossings at Huntington Beach Specific Plan will be in conformity with - public convenience, general welfare and good zoning practice. A comprehensive approach in reviewing and establishing a set of development standards, design/architectural guidelines landscape guidelines, and signing standards provides the necessary zoning provisions for a high quality, successful, and interesting regional commercial shopping and entertaininment complex. 5. The Planning Commission finds that establishment of the Specific Plan project will -not have any significant effect on the environment because the overall development parameters have previously been evaluated in the EIR certified in conjunction with the General Plan Update. In addition, future requests for development projects at the site will require environmental analysis as mandated by the California Environmental Quality Act (CEQA) and the CEQA Guidelines. ATTACHMENT NO.3** Reconsideration of Zoning Map Amendment No. 00-011 Zoning Text Amendment No. 00-02 Design and Development Standards for Drive Throughs as Amended by the Planning Commission with One Additional Modification to Number 11 (Ezralow's Request) 1. The building shall be the predominant visual element along street frontages, not parking lots or drive -through lanes. 2. Drive through aisles shall be screened from streets and front adjacent parking areas. 3B 1ildiRgS With /_ruin 414MI 19h r eFVInnc. ShA_11 he 2-built tee the rAini.v.-4.m. r_Rt setback linen. 4. Drive -through aisles shall provide adequate on -site queuing distance to accommodate five cars (150 feet) before the first stopping stop (e.g. menu board, teller window, and automatic teller machine). No portion of the queuing aisle should serve as a parking aisle. (15) August 7, 2000 - Council/Agency Minutes - Page 15 5. Drive -through lanes shall not exit directly to the site's main entrance. Drive -through aisles shall provide at a minimum 25-foot interior radius for any curve. 6. The main structure should be sited so as to maximize the distance for vehicle queuing while screening the drive -through operations. 7. All building elevations shall comply with the architectural guidelines as specified herein. 8. Buildings shall incorporate a full roof with built-in roof top wells for mechanical equipment screening. 9. A canopy shall be provided over the drive4hrough lane at that pick-up window. The canopy shall be architecturally compatible and fully integrated as apart of the building design. 10. No individual freestanding or pole signs shall be permitted for drive -through uses. 11. 94ve thFeugh useg shall . ,., limited i p , /� acre ite "e�venteF Avenue -9I<}e 9R E ir,rtiy�r-Avenue. A maximum of one drive -through bakery shall be permitted on the 63 acre site. Consent Calendar — items Removed for Separate Discussion The following items were removed from the Consent Calendar for separate discussion: Resolution No. 2000-77 - Approving Plans and Specifications for Flood Control Improvements by the Orange County Flood Control District to the Huntington Beach Channel (Facility D01 - 1750 Feet Upstream of Newland Street to Atlanta Avenue. Rockwell Electric Corporation Professional Services Contract for Implementation of the Water System Supervisory Control and Data Acquisition (SCADA); CC-1127 — Expenditure of Funds. Resolution No. 2000-72 Designating the Police Chief as Subordinate for Limited Actions on Alcohol Beverage Control (ABC) Licenses Consent Calendar -- Items Approved Mayor Garofalo announced his exceptions to the Consent Calendar Items roll call vote: The Mayor stated that he is going to be casting a NO vote on the agenda item regarding the Mobile Home Advisory Board Appointments (Councilmember Julien concurred). Mayor Garofalo informed Council relative to the agenda item on the Legislative Bills that contrary to the staff recommendations, he is going to be opposing AB 446 and AB 780; supporting AB 780 and AB 1481; and abstaining from voting on S 1886 and S 2700 in the absence of adequate information on his part. The Mayor further declared that due to possible conflicts of interest, he is going to be abstaining from voting on the agenda item on the Auto Dealer Business Improvement and on the Appraisal of Montgomery Wards and Burlington Coat Factory agenda item. (16) August 7, 2000 - Council/Agency Minutes - Page 16 On motion by Dettloff, second Green Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer (Julien, Garofalo — No - E-2; Garofalo — E-3 (Bills AB 780, AB 1481 AB 446, SB 1333)) NOES: None ABSTAIN. None (Garofalo — NO - E-3 (Bills S 1886, S 2700); E-4; E-10; E-11) ABSENT: Harman (City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of July 5, 2000 and the adjourned regular meetings of July 10, 2000, as written and on file in the Office of the City Clerk. (City Council) Approved Appointments/Reappointments to the Mobile Home Advisory Board (MHAB) - Stein - Kittredge — Porter -- Robison — Houser (110.20) 1. Approved the appointment of Lydia Stein as a Citizen At -Large Representative to the Mobile Home Advisory Board for one term ending August 5, 2003; and 2. Approved the appointment of Daniel Kittredge as a Citizen At -Large Representative to the Mobile Home Advisory Board for the remainder of an existing term ending August 5, 2001 (current vacancy caused by Tom DeGuelle's resignation); and 3. Approved the reappointments of the following board members to a second term ending August 5, 2003: Mark Porter (Citizen At -Large Representative), Pauline Robison (Mobile Home Resident Representative), and Craig Houser (Park Owner Representative). (City Council) Approved City Council Positions on Legislation Pending before the State Legislature and Congress as Recommended by the City Council Intergovernmental Relations Committee (120.70) — The City Council Intergovernmental Relations Committee has reviewed the legislation and is recommending that the City Council take positions as follows, and authorized the Mayor to send letters reflecting those positions to the legislators: Motion: Oppose Substance Abuse and Crime Prevention Act of 2000 ballot initiative. Motion: Support AB 446 (Dunn) which would require that a current photograph of a registered sex offender be made available to the Department of Justice at the time of their release from incarceration. Motion: Support SB 1333 (Sher) which would continue funding for the Abandoned Vehicle Program. Motion: Oppose AB 780 (Calderon) which would require that local agencies adopt grievance arbitration in local contracts with law enforcement employees. Motion: Oppose AB 1481 (Granlund) which would set stringent timing standards for local parking meters. Motion: Oppose the State Board of Equalizations' Statistical Sampling Audit Revisions to Chapter 13 of the Audit Manual. Motion: Support S 1886 which would give authority to the Governor of a state to phase out Methyl Tertiary Butyl Ether (MTBE) and other oxygenates. Motion: Support S 2700 which would extend funding for the Brownfield Revitalization Program. Motion: Support HR 4639 which attempts to assure that recreation benefits are accorded the same weight as hurricane and storm damage reduction benefits as well as environmental restoration benefits. Affirm Intergovernmental Relations Committee action and letter from Mayor to CalPers regarding their decision to take a position in the case of Cargill v. the Metropolitan Water District. (City Council) Approved Contract Amendment No. 1 with EIP Associates for Professional Services Contract to Complete Preparation of a Focused Environmental impact Report (EIR) for the Northam House Project n10 Yorktown Avenue, elo Main Street (PLC Land Company) (600.10) —1. Approved Amendment No. 9 to Agreement between the City of Huntington Beach and E!P Associates for the Preparation of A Focused EIR for the Northam (17) August 7, 2000 - Council/Agency Minutes - Page 17 House Project to extend the contract for preparation of the focused Environmental Impact Report by an additional 32 months retroactive to expiration of the original contract; and 2. Authorized the Mayor and City Clerk to sign. (City Council) Adopted Resolution No. 2000-74 Authorizing the Library To Join the Arroyo Seco Library Network (950.10) — Adopted Resolution No. 2000-74 — "A Resolution of the City Council of the City of Huntington Beach Authorizing the City of Huntington Beach to Join the Arroyo Seco Library Network." (City Council) Adopted Resolution No. 2000-75 for Street Closures for Halloween Event of the First Three Blocks of Downtown Main Street from Pacific Coast Highway to Orange Avenue (960.20) - Adopted Resolution No. 2000-75 — "A Resolution of the City Council of the City of Huntington Beach Authorizing Street Closure for Halloween Activities in the Downtown . Area and Requesting Caltrans Approve the Closure of Main Street at Pacific Coast Highway," requesting CalTrans approval for closure of the first block of Main Street and Council approval of the closure of the second and third blocks of Main Street for downtown Halloween activities on October 31, 2000. (City Council) Approved Appointments/Reappointments of Human Relations Task Force Members - Michael - Anunciation - Phuong-Le - Dang - Sotolongo - EI-Ahraf Inouye — Wu - Singer (110.20) —1. Approved the appointments of Ray Michael (term to expire October 2003), Derek Anunciation (term to expire October 2003), and Kim Phuong-Le (term to expire January 2001) as general members; and 2. Approved the new appointments of Mai Dang, Katie Sotolongo, and Hadeel El-Ahraf as student members for the 2000101 school year; and 3. Approved the reappointments of Shannon Inouye, Jay Wu and Sharon Singer as student members for the 2000101 school year. (City Council) Approved Appointments of Fire Chief Dolder as Board Member and Division Chief/Operations Reynolds as Alternate to the Orange County -City Hazardous Materials Emergency Response Joint Powers Authority (110.20) — Approved the appointments of Fire Chief Michael P. Dolder as the City's Board Member to the Orange County -City Hazardous Materials Emergency Response Joint Powers Authority and Division Chief/Operations Charles Reynolds as the City's Alternate Board Member. Both appointments will continue until revoked. (City Council) Rejected Bid from Temp -Air Heating & Air Conditioning, Inc. and Authorized the Award of Contract Bid to Klassic Engineering and Construction, Inc. for the Construction of the Beach Public Services Center on Pacific Coast Highway slo HB Pier; CC-1113 — Authorized the Expenditure of Funds (600.35) Approved the following actions for the construction of the Beach Public Services Center: 1. Rejected the low hid submitted by Temp -Air Heating and Air Conditioning, Inc. and determine that the bid is non - responsible; and 2. Accepted the second lowest bid submitted by Klassic Engineering and Construction, Inc. and determined that the bid is responsible/responsive; and 3. Approved and authorized the Mayor and the City Clerk to execute the construction contract between the City of Huntington Beach and Klassic Engineering and Construction, Inc. in the amount of $489,500; and 4. Authorized the Director of Public Works to expend a total of $554,000, which includes the contract cost of $489,500, estimated contingency of $45,000 and supplemental expenditures of $19,500. (18) August 7, 2000 - Council/Agency Minutes - Page 18 (City Council) Approved 1999-2000 Annual Report - Huntington Beach Auto Dealer Business improvement District (BID) and Adopted Resolution of Intention No 2000,76 to Levy an Annual Assessment for Fiscal Year 2000-01 - Scheduled Public Hearing for Tuesday, September 5, 2000 (460,30) - 1. Approved the Huntington Beach Auto Dealers Business improvement District Annual Report for FY 199.9-2000; and 2. Adopted City Council Resolution No. 2000-76 — "A Resolution of the City Council of the City of Huntington Beach Declaring its Intention to Levy an Annual Assessment for Fiscal Year 200012001 to Fund improvements within the Huntington Beach Auto Dealers Business improvement District," and 3. Directed the City Clerk to schedule a public hearing to be held on September 5, 2000, and send copies of the Resolution, BID Boundary Map, and assessment formula to each business to be assessed. (City Council/Redevelopment Agency) Approved Professional Services Contract Between the Redevelopment Agency and Donahue Novak Valuation Services for Fixture and Equipment Appraisal of Montgomery Wards and Burlington Coat Factory Stores -- Approve Modifications to the BICEP Insurance Requirements (600.30) 1. Redevelopment Agency Action: Approved a Professional Services Contract between the Redevelopment Agency of the City of Huntington Beach and Donahue Novak Valuation Services for Fixtures and Equipment Appraisal for the Montgomery Wards and the Burlington Coat Factory stores located at Huntington Center for an amount not to exceed $24,100 and authorized the Agency Chairman and Agency Clerk to execute same; and 2. City Council Action: Approved the insurance deductible of $500 for the professional liability BICEP (Big Independent Cities Excess Pool) policy. (City Council) Adopted Resolution No. 2000-78 Establishing the Children's Needs Task Force and Approved Appointments of Carey - Cherewick - Cianciabella - Grimes -Kanode - Lembke - McGough - Oren - Ross - Yadrick — Approved Granting Members the Authority to Recommend Task Force Bylaws (570.70) 1. Adopted Resolution No. 2000-78 — "A Resolution of the City Council of the City of Huntington Beach Establishing the Children's !Needs Task Force;"and 2. Appointed the following individuals to the Children's Needs Task Force for three and four year terms as indicated: Term 8/00 — 8/03 — Shirley Carey — Jackie Cherewick — Mary Ellen Cianciabella — Tanya Grimes — and Carol Kanode; Term 8100 -- 8104 — Phyllis Lembke — Cathy McGough — Tonya Oren, — Jon Ross and Lee Yadrick; and 3. Authorized the Children's Needs Task Force to recommend a set of bylaws for presentation and approval by City Council at a future date if the need arises. (City Council) Approved Agreement Between the City and Sunshine Makers, Inc. dba Simple Green to Provide Cash ❑onations for Adopt -a -Beach Program (600.10) —Approved Agreement between the City of Huntington Beach and Sunshine Makers, Inc., Doing Business as Simple Green, to Provide Cash Donations in Connection with the City's Adopt -a -Beach Program," and authorized the City Administrator and City Clerk to execute the agreement. (City Council) Adopted Resolution No.2000-79 for the Year 2000 Weed Abatement Cost Report (520.80) — Adopted Resolution No. 2000-79 — "A Resolution of the City Council of the City of Huntington Beach Confirming Reports of Cost for Weed Abatement on Lots Within the City— 2000 Season," and direct that all charges listed thereon be certified to the County's 2000-2001 tax roll. (19) August 7, 2000 - Council/Agency Minutes - Page 19 (City Council) Approved a Reimbursement Agreement between the City and Arnel Retail Group for Professional Planning Services Contract to Prepare a Noise Evaluation of the Wal-Mart Site (Former Crest View School Site slo Talbert Avenue, 300 ft. elo Beach Boulevard) — Authorized Appropriation of Funds (600.10) —1. Approved the Reimbursement Agreement between the City of Huntington Beach and Arnel Retail Group for Professional Noise Consultant Services," as prepared by the City Attorney subject to mutual agreement by the City and Arnel Retail Group, and authorized the Mayor and City Clerk to sign; and 2. Appropriated funds in the amount of $9,990 in connection with the Reimbursement Agreement between the City and Arnel Retail group. (City Council) Approved Amendment No. 2 to the Professional Services Contract between the City and Planning Consultants Research, Inc. (PCR) for Completion of the Environmental Impact Report (EIR) No. 97-1 for the Closed Crest View School Site (New Wal-Mart Site) — Approved Modifications of the Deductible Amount for Liability insurance Requirements - Approved Expenditure of Funds (600.10) 1. Approved Amendment No. 2 to Agreement between the City of Huntington Beach and Planning Consultants Research, Inc., for Preparation of Two Separate Environmental Impact Reports for the Crest View School Site and the Rancho View School Site, for additional services in the amount of $20,341.26 to complete Environmental Impact Report 97-1 for the Crest View School Site, and authorized the Mayor and City Clerk to sign; and 2. Approved the waiver, as recommended by the Settlement Committee, to allow a $25,000 deductible amount for Professional Liability Insurance Coverage; and 3. Approve the expenditure of funds in the amount of $20,341.26. (City Council) Approved Amendment No. 2 to the Reimbursement Agreement between the City and Arnel Retail Group for Professional Planning Services for Completion of EIR 97-1 (through Planning Consultants Research, Inc.) for Closed Crest View School Site (New Wal-Mart Site) — Authorized Appropriation of Funds (600.10) --1. Approved Amendment No. 2 to Reimbursement Agreement between the City of Huntington Beach and Amel Retail Group for the Preparation of Two Environmental impact Reports in the amount of $20,341.26 to cover additional professional planning services for the Crest View School Site, and authorize the Mayor and City Clerk to sign; and 2. Appropriated funds in the amount of $20,341.26 to complete EIR No. 97-1 for the Crest View School Site. (City Council) Adopted Resolution No. 2000.77 Approving Plans and Specifications for Flood Control Improvements by the Orange County Flood Control District to the Huntington Beach Channel (Facility DQ1 -1750 Feet Upstream of Newland Street to Atlanta Avenue) (550.20) The City Council considered a communication from the Public Works Department transmitting that the Orange County Flood Control District (OCFCD) requests City Council approval of plans and specifications for flood control improvements to the Huntington Beach Channel from 1,750 feet upstream of Newland Street to Atlanta Avenue. The improvements will provide additional flood control protection to properties in the City of Huntington Beach. Councilmember Bauer requested that this item be removed from the Consent Calendar for separate discussion. Councilmember Bauer expressed concern as to who has jurisdiction an the project for improvements to the appearance of the channels. Councilmember Bauer named channels that have been beautified with vegetation. (20) August 7, 2000 - Council/Agency Minutes - Page 20 Public Works Director Beardsley responded that the county has responsibility for those portions of the channels located north of Westminster Avenue. Public Works Director Beardsley stated that he is going to check with the County on improvements relative to beautification of the flood control channels. A motion was made by Bauer, second Dettloff to adopt Resolution No. 2000-77 —A Resolution of the City Council of the City of Huntington Beach Approving Plans and Specifications for the Construction of Improvements to the Huntington Beach Channel (Facility No. D01) from 1750 Feet Upstream of Newland to Atlanta Avenue by the Orange County Public Facilities and Resources Department and Funded by the Orange County Flood Control District." The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Harman (City Council) Approved Selection of Rockwell Electric Corporation and Authorized Execution of Professional Services Contract for Implementation of the Water System Supervisory Control and Data Acquisition (SCADA); CC-1127 -- Authorized Expenditure of Funds (600.10) The City Council considered a communication from the Public Works Department submitting a request that the City Council authorize a professional services contract for implementation of the Water System Supervisory Control and Data Acquisition (SCADA) System, CC 1127. Councilmember Bauer explained that he requested that this item be removed from the Consent Calendar for separate discussion to inquire if the system would provide drinking water for the city as well. Public Works Director Beardsley responded by furnishing Council with information regarding injection wells and a telemetry system for the water management project. Public Works Director Beardsley informed Council that the West Orange County Water Board (WOCWB) will provide one-third funding. A motion was made by Bauer, second Dettloff to 1. Approve staff recommendation to select Rockwell Electric Corporation as the most responsive/responsible provider of services for the Water System Supervisory Control and Data Acquisition (SCADA) System at a reasonable cost to the city; and 2. Approve the attached Professional Services Contract between the City of Huntington Beach and Rockwell Electric Corporation for the Water SCADA System (CC 1127) and authorized the Mayor and City Clerk to execute the contract; and 3. Authorize the Director of Administrative Services to appropriate $433,333 from the undesignated Water Fund balance to the project account; and 4. Authorized the Director of Public Works to expend $650,000 to cover contract costs of $525,0000, an estimated contingency of $70,000, and supplemental expenditures of $55,000 for construction management and inspection services. The motion carried by the following roll call vote. AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Harman (21) August 7, 2000 - Council/Agency Minutes - Page 21 (City Council) Continued from July 17, 2000 - Adopted Resolution No. 2000-72 Designating the Police Chief as Subordinate for Limited Actions on Alcohol Beverage Control (ABC) Licenses (630.10) The City Council considered communication from the Police Chief from the July 17, 2000 Council meeting, as well as subsequent communication from the City Attorney's Office dated August 4, 2000 and titled Agenda Item E-17 Resolution Designating Subordinate forActions on ABC Licenses. City Council also considered the following communications that had been announced earlier as Late Communications by the City Clerk: Communication dated August 2, 2000 from the Chief of Police transmitting supplemental information for the Agenda Item designating the Police Chief as Subordinate for limited actions on Alcohol Beverage Control (ABC) Licenses. The communication is titled Supplemental Information for RCA #PD 00-014 (23800 (a) B&P). Late Communication handed out by City Attorney Hutton is an inter -office memorandum dated August 7, 2000 titled Designation of the Chief of Police, with Oversight of City Council, as the Designated Representative for Purposes of ABC Licensing. After considerable discussion, Mayor Garofalo entertained a motion to consider adoption of Resolution 2000-72 as set forth in the agenda packet versus adoption of a resolution (unnumbered) amending Resolution 2000-72, a copy of which is attached in the aforementioned Late Communication from City Attorney Hutton dated August 7, 2000. A motion was made by Julien, second Garofalo to consider the adoption of a resolution (unnumbered) amending Resolution No. 2000-72 as set forth in the City Attorney's memorandum. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Dettloff, Bauer NOES None ABSENT: Harman (Green out of the room) The Council considered the amended version of Resolution No. 2000-72 included in the City Attorney's memo. The Council deliberated over the added language stipulating that: 'The City Council is desirous of maintaining oversight of the process by reserving the ability to approve or change the recommendations of the Chief of Police on a case by case basis; ..." Councilmember Julien clarified her position that it was not her intention to rescind the authority of the Chief of Police. Councilmember Julien expressed concern on the appeal process in order that the authority does not default automatically to the Alcohol Beverage Control (ABC) Board. Acting City Administrator Biggs that the ABC has given a very short reaction period, but that the system can be revisited if it is Council's pleasure. Councilmember Bauer stated he wished for the Police Chief to retain full authority. (22) August 7, 2000 - Council/Agency Minutes - Page 22 Councilmember Sullivan stated that his opinion mirrors that of Councilmember Bauer. He commended Police Chief Ronald Lowenberg for his excellent work. Chief Lowenberg informed Council that there is not much new activity in transfer of business ownership transactions. He stated that only a few incidents are brought to his attention regarding restrictions. Councilmember Dettloff reaffirmed her position that the Police Chief is the proper authority, and that the owners are provided every opportunity to express their concerns with any situation that may arise relative to ABC. Deliberation followed that resulted in moving forward with a recommended action to replace Resolution No. 2000-72 as proposed in the agenda packet with the unnumbered resolution amending Resolution No. 2000-72 as set forth in the City Attorney's memo. A motion was made by Julien, second Mayor Garofalo to adopt Resolution No. (unnumbered) amending Resolution No. 2000-72 as set forth in the City Attorney's memorandum of August 7, 2000 - "A Resolution of the City Council of the City of Huntington Beach Designating the Chief of Police as the Council's Designated Subordinate for Limited Alcohol Beverage Control Action." The motion failed by the following roll call vote: AYES: Julien, Garofalo NOES Sullivan, Green, Dettloff, Bauer ABSENT: Harman A motion was made by Green, second Sullivan to adopt Resolution No. 2000-72 - "A Resolution of the City Council of the City of Huntington Beach Designating the Chief of Police as the Council's Designated Subordinate for Limited Alcohol Beverage Control Action." The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES None ABSENT: Harman (City Council) Deferred to September 5, 2000 - Introduction of Ordinance No. 3469 to Amend HB Municipal Code Relating to Public Nudity and introduction of Ordinance No. 3470 to Amend HB Municipal Code Relating to Penalty for Sex Oriented Business Regulations Violations are Planned to be Considered at the September 5, 2000 Council Meeting (640.10) The City Council considered a communication dated August 3, 2000 from the City Attorney's Office regarding Ordinance No. 3469 and Ordinance No. 3470. A motion was made by Green, second Sullivan to defer consideration of -Ordinance No. 3469 and Ordinance No. 3470 to the Council meeting of Tuesday, September 5, 2000. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES None ABSENT: Harman (23) August 7, 2000 - Council/Agency Minutes - Page 23 (City Council) Approved Formation of Ad Hoc Council Committee to Work with the Wetlands and Wildlife Care Center of Orange County - Approved Appointments of Mayor Dave Garofalo and Councilmembers Dettloff, Green, and with Bauer as Alternate Member (120.25) The City Council considered a communication from Mayor Dave Garofalo submitting the following Issue: The Wetlands and Wildlife Care Center of Orange County. Mayor Garofalo informed Council that Councilmember Dettloff volunteered to serve along with him on the one-time ad hoc committee. Discussion was held relative to the ad hoc committee, with Mayor Garofalo appointing Councilmember Peter Green as the third member and Councilmember Bauer as alternate member. A motion was made by Mayor Garofalo, second Green to 1. Appoint an Ad Hoc Council committee to work with the Huntington Beach Wetlands and Wildlife Care Center of Orange County; and 2. Report back in 30-45 days with recommendations. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES None ABSENT: Harman (City Council) Staff Directed to Report on Street Sweeping and Parking Citation Enforcement and Coordinate with Managed Competition Committee Eoe- f6 The City Council considered a communication from Mayor Dave Garofalo submitting the following Issue: Street sweeping and parking citation enforcement. Mayor Garofalo gave a status report on the quantity and quality issues as they relate to street sweeping. The Mayor stated that quantity was measured by revenue generated for the city, while quality is the positive impact on the environment. Chief Lowenberg provided details as to why more parking citations are issued on street - sweeping days as compared with other cities. Councilmember Julien addressed the parking space dilemma that residents stated they have been faced with on street -sweeping mornings, and ways in which the problem can be alleviated. Councilmember Julien inquired if an annual report can be generated that would incorporate a survey of residential districts with alleylgarage and short driveway situations. Clay Martin, Director of Organizational Effectiveness responded that a survey would be targeted for January 2001 or sooner. Public Works Director Beardsley informed Council of his goal of looking at the situation in November 2000, which would include addressing the issue of the history of parking citations. Councilmember Bauer requested that a comparison of parking citation quotas be made with the cities of Garden Grove, Anaheim and Santa Ana. (24) August 7, 2000 - Council/Agency Minutes - Page 24 Acting City Administrator Biggs suggested adopting a Council item (H-item), with a flexible timeframe. Councilmember Julien requested some room for forgiveness in parking enforcement. A motion was made by Mayor Garofalo, second Sullivan to 1. Report on parking citations issued in the six months prior to twice per month street sweeping (on a monthly basis), and citations issued each month since the city has instituted twice per month sweeping; and 2. Report anticipated cost for second citywide sweeping and expected or annual revenue from parking citations; and 3. Coordinate this effort with the Managed Competition Committee. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES None ABSENT: Harman (City Council) Approved Formation of Ad Hoc Council Committee on Police -directed Towing Ordinance and Approved Appointments of Mayor Pro Tern Tom Harman and Councilmembers Peter Green and Ralph Bauer (120.25) The City Council considered a communication from Mayor Pro Tern Harman and Councilmembers Peter Green and Ralph Bauer submitting the following Statement of Issue: On November 1, 1999 a study session was held regarding a proposed police -directed towing ordinance. Since that time, staff has been working to resolve some of the issues associated with the proposed ordinance. However, in an effort to provide the opportunity for public input in this process, it is recommended that an ad -hoc Police -Directed Towing Ordinance Council Committee be formed. Councilmember Green informed Council that he was speaking on behalf of Mayor Pro Tern Harman during his absence regarding the need to legitimize the city's efforts towards Police Department -directed towing issues. Mayor Garofalo spoke relative to towing rates, stating that he had met with Lieutenant Jon Arnold and had put the item on the table regarding bifurcating out the fees between the city and the towing company. A motion was made by Green, second Mayor Garofalo to 1. Approve the formation of an Ad Hoc Council Committee on Police -Directed Towing Ordinance; and 2. Appoint Mayor Pro Tern Tom Harman and City Council Members Ralph Bauer and Peter Green to the Ad -Hoc Council Committee on Police -Directed Towing Ordinance. The motion carried by the following roll tali vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES None ABSENT: Harman (25) August 7, 2000 - Council/Agency Minutes - Page 25 (City Council) Approved Creation of the Citizens Infrastructure Planning Committee as a Standing Committee and Approved Appointment of Councilmembers Pam Julien, Shirley Dettloff and Ralph Bauer — Approved Selection of Infrastructure Advisory Committee (IAC) Members to be Made by the IAC for Ratification at the August 21, 2000 Council Meeting (120.25) The City Council considered a communication from Councilmember Pam Julien submitting the following Statement of Issue: Now that the Citizen Infrastructure Advisory Committee (CIAC) has completed its work and submitted its final report on the condition of the city's infrastructure, it is important that the City Council continue the momentum that was created by the work of the CIAC. The proposed mission of the Infrastructure Planning Committee would be to make recommendations to the City Council regarding: 1. The infrastructure needs, as identified in the Integrated Infrastructure Management program (LIMP) and the Immediate Infrastructure Needs list, and the method(s) of funding and financing them; 2. The Citizens' Infrastructure Advisory committee (IAC) recommended actions identified in the implementation plan of the IAC Final Report; 3. Once approved by the City Council a Community Awareness Program would be undertaken to inform local citizens of the city's infrastructure needs and the action program designed to meet those needs. Councilmember Julien informed Council that she had toured sites with the IAC members and has viewed the committee's 20-year plan. A motion was made by Julien, second Dettloff to support the name of the IAC officially as a "Planning Committee." The motion carried unanimously with Mayor Pro Tern Harman absent. Mayor Garofalo recommended the appointments of Councilmembers Dettloff, Bauer and Julien. Council concurred. Mayor Garofalo asked that the committee be formed as an ad hoc committee, sunset one year for review. The Mayor also suggested that each one of the seven Councilmembers appoint an IAC member to the committee. Councilmember Bauer disagreed, referring to a report he conducted that addresses this concern. A motion was made by Sullivan, second Bauer to approve the ratification at the August 21 , 2000 Council meeting of six members selected by the Infrastructure Advisory Committee, and that the committee be a standing committee. The motion carried unanimously with all present, Mayor Pro Tern Harman absent. A motion was made by Julien, second Dettloff to 1. Approve the creation of the Infrastructure Planning Committee with the membership comprised of the following: a. Six IAC members, and the Chairperson of the Public Works Commission; and b. Appoint the three City Council liaisons — Shirley Dettloff, Ralph Bader, and Pam Julien; and c. City staff; and 2. Create the committee as a Standing Committee; and 3. Direct the Infrastructure Advisory Committee (IAC) (26) August 7, 2000 - Council/Agency Minutes - Page 26 to appoint its own members for ratification by Council at the August 21, 2000 City Council meeting. The motion carried by the following roll call vote: AYES: - Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES None ABSENT: Harman (City Council) Approved Addition to the Agenda of an Emergency Item per Government Code Section 54954.2(b)(3) Announced by Councilmember Bauer — Approved Councilmember Bauer to Vote on Behalf of the City to Support City of Fullerton Councilmember Don Bankhead as Candidate for the Second Vice President of the 4. C. Division of the League of California Cities (150.40) Councilmember Bauer announced that a vote by City Council is needed for approval to add an emergency item that arose subsequent to the posting of the agenda pursuant to Government Code Section 54954.2(b)(2). A motion was made by Bauer, second Green to add the emergency item. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT. Harman Councilmember Bauer stated that the need arose due to the timeframe of the meeting -of the Orange County Division of the League of California Cities on Thursday, August 10, 2000. Councilmember Bauer stated that at that time he is going to be required to signify the city's approval of a candidate to the seat of Second Vice President. Councilmember Bauer informed Council of his choice to support Mr. Don Bankhead, a City Councilmember for the City of Fullerton, California. Councilmember Green concurred, stating that he had served with Mr. Bankhead on several committees, namely the Resolutions, the Orange County Sanitation District, and the Orange County Beaches and Parks. A motion was made by Green, second Bauer to authorize Councilmember Bauer to vote on behalf of the City Council for the appointment of City of Fullerton Councilmember Don Bankhead to the Orange County Division of the league of California Cities as Second Vice President. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Harman (27) August 7, 2000 - Council/Agency Minutes - Page 27 Adjournment — City Council/Redevelopment Agency Mayor Garofalo adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:00 p.m. to Monday, August 14, 2000, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City Clerk and ex-officio Cler 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-Mairman w