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HomeMy WebLinkAbout2000-09-05Minutes City Council -Redevelopment Agency - City of Huntington Beach 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Tuesday, September 5, 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 4:05 p.m. in Room B-8. City Council — Redevelopment Agency Roll Call Present Sullivan, Harman, Garofalo, Dettloff, Bauer (Julien arrived 5:10 p.m.) Absent Green City Administrator Ray Silver announced that Councilmember Green will be arriving approximately at 9:30 p.m. (City Council/Redevelopment Agency) Study Session — Art Center Strategic Plan, Local Arts Regranting Program, and Surf City Credit Card Program (265.10) Community Services Director Ron Hagan introduced Gerald Chapman (Co -Chair of the Arts Foundation Board of Directors); and Allied Arts Board members in attendance: Diana Casey (also Co -Chair of the Arts Foundation Board of Directors), Ruth Geller, Helen Spencer, and Patricia Falzon. Community Services Director Hagan presented a staff report. A Late Communication was distributed from the Community Services Department dated September 5, 2000 relative to Art Center proposals, overview, financial partnership concept, and the proposed Surf City Credit Card program. Mayor Garofalo recognized the work of Michael Mudd, Head of the Cultural/Historical Events Division. Also recognized for their efforts were other division staff members, including Administrative Secretary Barbara Schultz. A check of $70,000 was presented by Diane Casey, Art Center Foundation Co -Chair to City Treasurer Shari Freidenrich. Ms. Casey informed Council that the check was being given in good faith, as the audit results of the Art Center have not yet been received by the Art Center Foundation. (2) September 5, 2000 - Council/Agency Minutes - Page 2 Community Services Director Hagan responded to Mayor Garofalo's request for an explanation of the difference between the Allied Arts Board and the Art Center Foundation. Community Services Director Hagan clarified that the Allied Arts Board is in charge of Council Committee appointments, whereas the Art Center Foundation handles the financial aspects of the city's Arts Center program. Discussion was held among Councilmembers, attendees, and staff. In response to comments from Councilmembers, City Administrator Silver advised Council he will request staff to look for ways to deal with the Art Center fund deficit without looking back to the Arts Center Foundation. Motion to Recess to Closed Session — Approved A motion was made by Harman, second Sullivan to recess to Closed Session on the following . items. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Dettloff, Bauer NOES: None ABSENT: Green (City Council) Closed Session — Pursuant to Government Code Section 54957.6 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 — 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 Barbara Joyce Atkinson (Bankruptcy) - U. S. Bankruptcy Court Case No. ND 95-11014-PR, Adversary No. 00-01004. Subject: In re Barbara Joyce Atkinson (Bankruptcy). (120.80) Reconvene City Council/Redevelopment Agency Meeting City Attorney Hutton announced the removal of a Closed Session agenda item on Ardolina v. City of Huntington Beach. City Council — Redevelopment Agency Roll Call Present Julien, Sullivan, Harman, Garofalo, Dettloff, Bauer (Green arrived 9:55 p.m.) Absent None Flag Ceremony and Pledge of Allegiance - Boy Scout Troop 1 of Huntington Beach, the oldest troop in Huntington Beach formed in 1917. With the troop is Russ Paxson who achieved the rank Eagle Scout in 1939. Mr. Paxson has been involved with the troop since 1933, with the exception of serving a short stint in the armed forces. Also with the troop is Tim Alvarez, a troop member for over 30 years, Scoutmaster Tom Buksa, and drummer Jason Brue. Invocation By Pastor Derek Anunciation, Praise Christian Center, Huntington Beach. (3) September 5, 2000 - Council/Agency Minutes - Page 3 Presentation — By Mayor Dave Garofalo to members of the Huntington Harbour Garden Club in recognition for donating over $20,000 to the betterment of the City of Huntington Beach. Receiving the proclamation are Gee Gee Hanson, President; Pearl Holmes, Vice President; Gwyn Doble, Vice President; Annabelle Radcliffe, Past President and Neville Radcliffe. The Garden Club has donated over $20,000 to the city for various endeavors. The Garden Club recognized other past presidents. Presentation - By Mayor Dave Garofalo to Bob Kakuk, Team Leader, Vietnam Veterans of Orange County, a presentation proclaiming the week of September 11-17, 2000 as POW/MIA (Prisoners of War/Missing in Action) Recognition Week. Mayor Garofalo stated that the Veteran's Memorial located on the City Hall grounds had been donated with funds raised by Bob Kakuk. (City Council) Chief of Police Lowenberg receives Spurgeon Award from Boy Scouts of America (530.10) Mayor announced Chief Lowenberg received the Spurgeon Award from the Boy Scouts of America. (City Council) Status of Police Officer Nick Ekovich (530.10) Mayor Garofalo announced that Officer Nick Ekovich has returned to work after his recovery from injuries suffered in the line of duty. The Mayor stated that on September 3, 1999'Officer Ekovich was shot while saving victims of a hair salon robbery. Mayor Garofalo extended his appreciation to Officer Ekovich on behalf of Council. City Clerk Announces Late Communications Which Pertain to Items on the Agenda Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following Late Communications regarding agenda items that had been received following distribution of the agenda: PowerPoint slide report dated September 5, 2000 titled Urban Runoff/Coastal Remediation Update and matrix on the Urban Runoff/Coastal Remediation Action Plan. Communication from the Public Works Department dated September 5, 2000 titled Sanitary Sewer and Storm Drain Inspection Program. Communication from the Public Works Department dated August 5, 2000 titled Recent and Anticipated Spending on City Sewer Infrastructure. Communication dated August 22, 2000 from the Director of Public Works, Director of Community Services and Director of Planning transmitting a staff proposal redefining a $100,000 item for Percy Dock Dredging on the Unfunded and Underfunded Liabilities and Projects list. The communication is titled Mid -Year Budget Discussion for Percy Dock Dredging. PowerPoint slide report titled Proposed Budget Overview. Communication dated August 30, 2000 from Valerie Curry, a city resident, transmitting her position on the proposed Flood Management Plan. The communication is titled Written Correspondence regarding Public Hearing before the City Council September 5, 2000 on the Proposed Adoption of the Flood Management Plan. (4) September 5, 2000 - Council/Agency Minutes - Page 4 PowerPoint slide show presentation submitted by the Planning Department to the City Clerk's Office on September 5, 2000. Slide show presentation titled Flood Management Plan. PowerPoint slide show presentation submitted by the Planning Department to the City Clerk's Office on September 5, 2000. Slide show presentation titled Urban Design Guidelines. Communication dated August 17, 2000 from John F. Scott, Chairperson of the Southeast Huntington Beach Neighborhood Association (SHBNA) transmitting SHBNA's appreciation to city staff and a copy of SEHBNA's Critical Agenda. Communication titled A Neighborhood Sets its Goals — SEHBNA's Critical Agenda. Communication dated August 30, 2000 from Department of Economic Development transmitting a notice that the city will be considering entering into a contract to assist the city in considering: the adoption of a redevelopment plan for the Southeast Coastal Industrial Area. Communication titled Southeast Coastal Industrial Area Redevelopment Feasibility Study. PowerPoint slide show presentation dated September 5, 2000 from the Department of Economic Development. Slide show presentation titled Redevelopment Plan Adoption Services for the Southeast Coastal Study Area — City of Huntington Beach — September 5, 2000 — Agenda Item F-9. Communication dated September 1, 2000 from the City Attorney's Office transmitting an opinion regarding the funding contract between the City of Huntington Beach and the Huntington Beach Conference and Visitors Bureau and the Visitor's Guide contract between the Bureau and David Garofalo & Associates, Inc. Communication titled Funding Contract between the City of Huntington Beach and the Huntington Beach Conference and Visitors Bureau, Visitor's Guide Contract between the Bureau and David Garofalo & Associates, Inc. Communication dated September 1, 2000 from G. Randall Garrou of the Law Offices of Weston, Garrou & DeWitt transmitting a request for postponement of initial reading of Ordinance No. 3470 (amending HBMC Chapter 5.70 relating to the regulation of sex oriented businesses). Communication titled Request for Postponement of Initial Reading of New Ordinance Proposing Further Restrictions on Adult Business at 18121 Beach Boulevard (Agenda Item G-2a for City Council meeting of Tuesday, September 5, 2000). Public Comments Gerald Chapman, Co -Chair of the Huntington Beach Art Center Foundation, thanked Council for holding a study session on the Art Center Strategic Plan. Dr. Chapman clarified that the Foundation held the $70,000 check in abeyance until the receipt of the completed audit on the Art Center Budget. He expressed hope that delivery of the audit results will not be forgotten, now that the city has received the donation. Dr. Chapman spoke regarding the many hours devoted to reviewing the guidelines for the Art Center Strategic Plan. Bill Fisher spoke in opposition to the Flamingo Theater at Beach Boulevard and Talbert Avenue. He stated how he believes the city left the doors wide open to let the nude juice bar move in. Mr. Fisher distributed a handout titled Report to: the American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses. He stated that he wished to present it to the City Attorney as a model ordinance. (5) September 5, 2000 - Council/Agency Minutes - Page 5 City Attorney Gail Hutton responded to the speaker, Mr. Fisher's comments that she is aware of much of the information in the handout, but that there are preemptive problems with California State law in -regard to criminal prosecution and First Amendment rights. Councilmember Bauer rebutted the speaker, Mr. Fisher's comments, stating that the city has carefully examined the proposed ordinance for the potential for a lawsuit, and that the implication that the city is supportive of the sex -oriented business is incorrect. Suzanne Schell thanked Council for tabling Ordinance No. 3469. Ms. Schell expressed her appreciation that Council makes the distinction between family oriented naturism and public nudity. Michael Brown, Attorney with the Law Offices of Weston, Garrou & Dewitt representing Talbert and Beach, Inc. drew Council's attention to Mr. Garrou's letter of September 1, 2000 which had been announced earlier as a Late Communication by the City Clerk. Mr: Brown reiterated the, request set forth in the letter for a two -week postponement of the first reading of Ordinance No. 3470, in order to analyze the proposed restrictions. R. Alan Baylis member of the California Bar Association spoke regarding nude recreation. He thanked Council for tabling Ordinance No. 3469, stating that a broad ban on public nudity is inappropriate. Mr. Baylis stated that where the proposed ordinance references motels and hotels, naturist -type resorts should not fall within the scope of the statute. Norm Westwell, City Council candidate, announced a public forum website, which includes the public's ability to vote on agenda Items and to view the Council voting record. Mr. Westwell spoke regarding PowerPoint presentation access by the public at Council meetings. Glenn Brooks spoke in opposition to the Flamingo Theater at Talbert Avenue and Beach Boulevard. Mr. Brooks cited a March 2000 Supreme Court ruling which he accessed on the Internet, stating that municipalities have a great deal of empowerment in dealing with the onslaught of sex -oriented businesses. City Attorney Hutton commented that the last speaker, Mr. Brooks was innovative for going online to find Kandyland, the Supreme Court decision by Justice O'Connor. City Attorney Hutton informed of the new decision in Alameda Books v. City of Los Angeles, which she stated negates the Supreme Court decision on the ordinance relative to sex -oriented businesses. Cheryl Hoglund spoke in opposition to the nude juice bar. Ms. Hoglund related an unfortunate incident she experienced involving indecent exposure. Joey Racano spoke regarding the environment and clean water. He recommended what he considered to be an expensive but thorough method - - the building of a waste treatment plant to protect ocean water. Mr. Racano suggested a moratorium on building more homes and developments in the coastal community. He extended an invitation to a Little Shell event on Saturday, September 23, 2000 to meet Wendy the Mermaid. Lou Baker referred to the speaker, Mr. Westwell's method for candidates to air issues in public, stating that the citizens must have fair and equal representation. He requested a candidate debate on HBTV-3. Mr. Baker spoke regarding the need to address various city issues including redistricting and the Bolsa Chica Wetlands. (6) September 5, 2000 - Council/Agency Minutes - Page 6 Bart Hollander informed Council that he lives near the Dog Park. He stated his opposition to being awakened by what he considers an unacceptable level of noise caused by dogs barking, especially at 5:00 a.m. Mr. Hollander suggested that as the park is built in an area that impacts nearby residents, hours should be limited to 8:00 a.m. to 8:00 p.m. and enforced. Mayor Garofalo asked that Mr. Hollander call Councilmember Julien who will get in touch with the organized group that manages the park. Maxwell Smith stated that he lives closest to the Dog Park and requested that Council consider its relocation. Don McGee spoke in opposition to banner towing planes and storm drain runoff at the Huntington Shorecliffs Mobile Home Park. Mr. McGee related a friend's unsuccessful attempts to obtain a copy of the Huntington Beach Conference and Visitor's Guide. Dennis Sato, Chair, Huntington Beach Longboard Crew Surfing Club, invited all to the Longboard Club event on September 16 and 17, 2000. He stated the event is a fundraiser for the Bolsa Chica Wetlands Association to benefit the care center. Mr. Sato also requested a reduction in city permit fees, and informed Council that the club is applying for non-profit status. Mayor Garofalo referred Mr. Sato to Community Services Director Hagan regarding the non- profit application process. Irene Shannon expressed her appreciation for the ordinance on sex -oriented businesses being separated from the ordinance on public nudity. Ms. Shannon stated that she is a nudist speaking in favor of rearing children to accept the human body without guilt or shame. Robert London Moore Jr. representing Mills Land and Water Company, spoke in opposition to the agenda item on the Southeast Coastal Area study. He questioned what can be accomplished by redeveloping the area, and requested to know more about the project. Mr. Moore spoke relative to the costs and effect of the proposal on his and neighboring properties. Council Comments on Public Speaker's Comments (City Council) PowerPoint Presentation Policy (100.10) In response to Mr. Norm Westwell's' concerns, Councilmember Sullivan requested implementation of PowerPoint access to speakers. Communications Director Rich Barnard responded that staff has been working out the logistics. He stated, for instance, that the policy undertaken should include guidelines for the public to provide a hard copy for the City Clerk's records. (City Council) Staff Report Requested Re: Banner Towing Airplanes/Storm Drain Discharge at Huntington Shorecliffs Mobile Home Park ( 320.45/1020.70) Mayor Pro Tern Harman initiated discussion relative to Mr. McGee's remarks on low -flying airplanes and storm drain runoff at Huntington Shorecliffs Mobile Home Park. After brief discussion Council requested a staff report regarding banner -towing airplanes and storm drain discharge concerns. (7) September 5, 2000 - Council/Agency Minutes - Page 7 (City Council) Received and Filed Public Works Director's Urban Runoff/Coastal Remediation Action Plan — Update for August 2000 (520.30) City Administrator Silver informed Council that the Public Works Department has 100 projects underway and that the beach/ocean water contamination issue is at the forefront. City Administrator Silver provided a brief history of last year's beach advisories. Council considered a PowerPoint slide presentation from the Director of Public Works Robert Beardsley transmitting the update for August 2000 to the Public Works Director's Urban Runoff/Coastal Remediation Action Plan which had been announced earlier as a Late Communication by the City Clerk. The PowerPoint slide report is dated September 5, 2000 and titled Urban Runoff/Coastal Remediation Update and matrix on the 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 was submitted and an update of the Director's Action Plan had been presented. The Council also considered a communication from the Public Works Department dated September 5, 2000 titled Sanitary Sewer and Storm Drain Inspection Program, which had been announced earlier as a late communication by the City Clerk. Public Works Director Beardsley responded to Councilmember Bauer's inquiry that a report is forthcoming by the first week of November 2000 regarding the results of the beach advisory postings of last summer. Councilmember Bauer referred to the Sunday, September 3, 2000 edition of the Los Angeles Times that he stated is full of inaccuracies in associating the contamination of the beach with the sewer system. Council requested staff to contact the LA Times Editor to correct the inaccuracies relative to beach advisory issues. Council thanked staff for the reports. (City Council) Opened Public Hearing to Consider Adoption of the City Budget for Fiscal Years 2000-2001 and Continued Public Hearing Open to September 18, 2000 for Adoption Staff Directed to Account for Increase in Size of City Budget (320.20) Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the following: Public hearing for the purpose of considering the city budget for Fiscal Years 2000-2001. The proposed budget for FY 2000-01 totals $270,463,301 including General Fund Expenditures of $127,313,303. The complete Preliminary, Two -Year Budget Proposal can be reviewed by the public from 8:00 a.m. to 5:00 p.m., Monday through Friday in the City Clerk's Office at City Hall, 2000 Main Street, Huntington Beach. Copies of the proposed budget are also available for public review at the City's Central Library located at 7111 Talbert Avenue (Goldenwest Street and Talbert Avenue), and all branch libraries. Copies of the Preliminary Budget Message and Summaries may be obtained by the public, free of charge, at the aforementioned locations. (8) September 5, 2000 - Council/Agency Minutes - Page 8 All interested persons, especially senior citizens and handicapped individuals, are invited to attend the budget hearing to express their opinions for, or against, the proposed budget with written or oral comments. Written communications to the City Council also may be mailed to the City Clerk. Further information may be obtained from the Office of the City Clerk. Legal notice as provided to the City Clerk's Office by staff -had been mailed, published and posted. City Administrator Ray Silver and Administrative Services Director John Reekstin presented a PowerPoint slide report titled Proposed Budget Overview which had been announced earlier as a Late Communication by the City Clerk. The City Clerk stated for the record that the following Late Communications announced earlier . pertaining to the public hearing: Communication from the Public Works Department dated August 5, 2000 titled Recent and Anticipated Spending on City Sewer Infrastructure. Communication dated August 22, 2000 from the Director of Public Works, Director of Community Services and Director of Planning transmitting a staff proposal redefining a $100,000 item for Percy Dock Dredging on the Unfunded and Underfunded Liabilities and Projects list. The communication is titled Mid -Year Budget Discussion for Percy Dock Dredging PowerPoint slide report titled Proposed Budget Overview. Mayor Garofalo declared the hearing open. There were no persons present to speak on the matter and there were no protests filed, either written or oral. As initiated by Mayor Pro Tem Harman, staff was directed to provide bar charts with additional information relative to the increase in the size of the city budget. This is due to the fact that there have been no tax increases commensurate with the budget increase. A motion was made by Dettloff, second Sullivan to: 1. Open the public hearing on the proposed $276,694,901 FY 2000-01 city budget as outlined in the attached resolution; and 2. Continue the public hearing open to September 18, 2000. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Dettloff, Bauer NOES: None ABSENT: Green (City Council) Public Hearing — Adopted Resolution No. 2000-84 — Annual Assessment for Fiscal Year 2000-2001 to Fund Improvements within Huntington Beach Auto Dealers Business Improvement District (460.30) Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the following: (9) September 5, 2000 - Council/Agency Minutes - Page 9 Public hearing pursuant to Resolution of Intention No. 2000-76 adopted on August 7, 2000 to hear all interested persons for or against the continuation of the Huntington Beach Auto Dealers Business Improvement District Assessment (HBADA) and the furnishing of specified types of improvements or activities. Said hearing is for the purpose of hearing all interested persons for or against levying of the assessment, and the furnishing of specified types of improvements or activities. Protests may be made orally or in writing; but, if written, shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. If written protests are received by the owners of businesses within the District, which will pay 50% or more of the total assessments to be levied, no further proceedings to levy the proposed assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activity within the District, those types of improvements or activities shall be eliminated. Fiscal Year 2000-01 dealer assessments are based upon $700/month, for each of the 12 member dealers. The HBADA is the Board of Directors for the bid and they propose assessments for the bid for City Council review and approval. The HBADA unanimously approved the FY 2000-01 bid budget at their July 2000 meeting. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Economic Development Director David Biggs presented a PowerPoint slide report dated September 5, 2000 titled HB Auto Dealer Business Improvement District (BID) submitted to the City Clerk's Office on August 31, 2000. Mayor Garofalo declared the hearing open. As there were no persons present to speak on the matter and there being no protests filed, either written or oral, the Mayor declared the public hearing closed. A motion was made by Sullivan, second Dettloff to adopt City Council Resolution No. 2000-84 — "A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment for Fiscal Year 2000-2001 to Fund Improvements within the Huntington Beach Auto Dealers Business Improvement District "The motion carried by the following roll call vote: AYES: Sullivan, Harman, Garofalo, Dettloff, Bauer NOES: None ABSENT: Green (Julien out of room) (City Council) Public Hearing — Adopted Resolution No. 2000-85 Approving the Flood Management Plan (FMP) for Conformance with the Federal Emergency Management Agency (FEMA) Requirements in the Identification, Mitigation and Reduction of Local Flood Hazards (550.10) Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the following: (10) September 5, 2000 - Council/Agency Minutes - Page 10 Applicant: City of Huntington Beach, Department of Planning. Request: To adopt a Flood Management Plan in conformance with the Federal Emergency Management Agency. The plan identifies potential local flood hazards, identifies problems associated with those hazards, establishes goals to reduce or mitigate the flood hazards, and recommends activities to attain the established goals. Location: City-wide. Environmental Status: This item is covered under Environmental Impact Report No. 94-1 which was prepared for the General Plan update and certified by the City Council in May 1994. On file: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library, (7111 Talbert Avenue) after August 31, 2000. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Planning Director Howard Zelefsky presented background information and provided timelines of the flood insurance program. He introduced Associate Planner Susan Pierce who presented a PowerPoint report titled Flood Management Plan which had been announced earlier as a Late Communication by the City Clerk. The City Clerk stated for the record a Late Communication which had been announced earlier and which pertains to the public hearing: Communication dated August 30, 2000 from Valerie Curry, a city resident, transmitting her position on the proposed Flood Management Plan. The communication is titled Written Correspondence regarding Public Hearing before the City Council September 5, 2000 on the Proposed Adoption of the Flood Management Plan. Mayor Garofalo declared the public hearing open. Gerald Chapman, Chair of the Planning Commission reiterated the importance of updating the storm drain system. He stated that the biggest problem is the county, which took up all the funds allocated for improvements of the city's flood channels. Dr. Chapman expressed his concern that citizens pay, and continue to pay exorbitant insurance rates. He highly recommends that the city lobby Congress to retrieve funds to update channels to the 100-year flood plain requirements. Walt White, Huntington Landmark Community resident, handed out a communication regarding the Talbert Valley Flood Control Channels. He furnished his qualifications as an engineer. Mr. White expressed his appreciation to Associate Planner Susan Pierce, who he said manages to bring together divergent views between staff and the community. He described the Wintersburg area, and spoke regarding FEMA (the Federal Emergency Management Agency). Mr. White encouraged Council to adopt the proposed Flood Management Plan and to seek federal as well as state funding for the project. (11) September 5, 2000 - Council/Agency Minutes - Page 11 Norm Westwell expressed his concern over the flood plan. He informed Council that having lived by the Talbert Channel required him to pay for flood insurance after channel improvements had been made. There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the Mayor declared the public hearing closed. Associate Planner Susan Pierce pointed out on a wall diagram that the area with the reduced flood insurance rates is designated as Flood Zone A. Mrs. Pierce responded to Mayor Garofalo's inquiry that the action proposed for the adoption of the Flood Plan will not affect flood plain boundaries. A motion was made by Dettloff, second Harman to: 1. Approve the Flood Management Plan (ATTACHMENT NO. 3); and 2. Adopt Resolution No. 2000-85 — `A Resolution of the City Council of the City of Huntington Beach Approving the Flood Management Plan for the City of Huntington Beach." The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Dettloff, Bauer NOES: None ABSENT: Green Councilmember Green arrived at 9:55 p.m. (City Council) Public Hearing — Adopted Resolution No. 2000-87 Approving the City -Wide Urban Design Guidelines Manual for Huntington Beach - Provision Made Re: Community Input on Public Arts Project (440.10) Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the following: Applicant: City of Huntington Beach, Department of Planning. Request: Establish City-wide Urban Design Guidelines for residential, commercial, industrial, mixed use and Downtown/Main Street development. The proposed guidelines will also apply to signs, streetscape improvements and public art. The guidelines will provide additional design criteria for the Urban Districts as identified in the City's Urban Design Element of the General Plan. Location: City-wide. Environmental Status: This item is categorically exempt from the provisions of the California Environmental Quality Act. On file: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library, (7111 Talbert Avenue) after August 31, 2000. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. (12) September 5, 2000 - Council/Agency Minutes - Page 12 Planning Director Howard Zelefsky introduced Principal Planner Scott Hess and Urban Design Consultant Mark J. Brodeur who presented the PowerPoint slide report which had been announced earlier as a Late Communication by the City Clerk. Mayor Garofalo declared the public hearing open. Dick Harlow, representative of the Lowe's Home Improvement Warehouse project, recommended the necessary implementation of the Urban Design Guidelines. He referred to pages 218 through 225 (Attachment 5) of the Request for Council Action on the landscape element of the guidelines. Mr. Harlow stated his belief that certain sections may require enactment of an ordinance to be put in place. There being no persons present to speak further on the matter and there being no protests filed either written or oral, the Mayor declared the public hearing closed. Councilmember Dettloff informed Council that the purpose of the guidelines is in response to citizens' and Council concerns that the City needs to attract quality projects. Councilmember Dettloff qualified that although there are set standards there is flexibility in order for developers to freely review and discuss alternatives with staff and the Planning Commission. Councilmember Sullivan referred to what he considers a public outcry directed at the proposal of a Whalebone sculpture at Beach Boulevard and Pacific Coast Highway. He expressed his concern that in the future, the approval of such public arts projects without community input will elicit the same type of public protest. A motion was made by Sullivan, second Harman to adopt the resolution as amended to provide that any committee recommending public art in a public development to be composed of a plurality of at least 70% of the general public unaffiliated with the arts, per Chapter 10 of the Urban Design Guidelines (on Public Art). The motion was tabled. Councilmember Bauer addressed what he perceives as deficiencies in the present system, and recommended measures that the city can take to help alleviate the situation: 1. Produce a mechanism in the planning process which can be used to resolve, without the need to resort to Council intervention, any differences arising between the developer and staff throughout the various phases of a proposed project; 2. Fulfill landscaping obligations similar to and no less stringent than those of sign ordinances; 3. Adhere to the city's existing guidelines relative to the building of walls and fences; and 4. Assign an adequate number of code enforcement officers to monitor the guidelines already in place. Councilmember Bauer thanked Councilmembers Dettloff and Julien for their time spent in reviewing the guidelines, but cautioned Council that as an example, the Seacliff Shopping Center is not as attractive as conceptualized. Considerable discussion ensued relative to whether or not the proposed guidelines have elements of a punitive nature. (13) September 5, 2000 - Council/Agency Minutes - Page 13 A motion was made by Dettloff, second Green to move forward with the main motion to 1. Approve the Huntington Beach Urban Design Guidelines (ATTACHMENT NO. 1 — Exhibit A) dated July 25, 2000; and 2. Adopt Resolution No. 2000-87 — "A Resolution of the City Council of the City of Huntington Beach Approving the Urban Design Guidelines Manual for the City of Huntington Beach." (ATTACHMENT NO. 1). The motion was tabled. Councilmember Julien asked that Councilmember Sullivan clarify his motion. Councilmember Sullivan and Mayor Pro Tern Harman withdrew the motion that was tabled that recommends adoption of the resolution as amended, and replaced it with the following motion: A motion was made by Sullivan, second Green to adopt and amend the resolution to provide that any committee recommending public art in a public development to be composed of a plurality of at least 60% of the general public unaffiliated with the arts, per Chapter 10 of the Urban Design Guidelines (on Public Art). The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff NOES: Bauer ABSENT: None Councilmember Bauer withdrew a motion he made for a return to Council by October 1, 2000 relative to his concerns regarding the staff processing procedure and landscaping procedures. A motion was made by Dettloff, second Green to move forward with the main motion on the floor, as amended, to 1. Approve the Huntington Beach Urban Design Guidelines as amended below (ATTACHMENT NO. 1 — Exhibit A) dated July 25, 2000; and 2. Adopt Resolution No. 2000-87 —A Resolution of the City Council of the City of Huntington Beach Approving the Urban Design Guidelines Manual for the City of Huntington Beach." (ATTACHMENT NO. 1); and 3. Adopt as amended to provide that any committee recommending public art in a public development to be composed of a plurality of at least 60% of the general public unaffiliated with the arts, per Chapter 10 of the Urban Design Guidelines (on Public Art). The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (City Council) Appointments to Ad Hoc Council Advisory Committee on Urban Design Processing and Landscaping Concerns (120.25) A motion was made by Dettloff, second Green to approve Mayor Garofalo's appointment of Councilmembers Bauer, Dettloff, and Julien to an Ad Hoc Council Advisory Committee to address the staff processing and landscaping concerns expressed by Councilmember Bauer. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (14) September 5, 2000 - Council/Agency Minutes - Page 14 Consent Calendar — Items Approved On motion by Green, second Dettloff, 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 (Harman Abstained on Minutes and Adoption of Resolution 2000-88 FY 2000/2001 Appropriation Limit) NOES: None ABSENT: None (City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meetings of August 7, 2000 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (City Council) Approved City Council Position on Legislation Pending before the State Legislature and Congress as Recommended by the City Council Intergovernmental: Relations Committee — Adopted Resolution No. 2000-86 in Support of Proposition 35, the "Fair Competition Initiative" (120.70) — The City Council Intergovernmental Relations Committee has reviewed Proposition 35 and the City Council took a position to support this ballot initiative. Motion: Support Proposition 35 ("The Fair Competition Initiative") by adopting Resolution No. 2000-86 — "A Resolution of the City Council of the City of Huntington Beach Supporting Proposition 35." Submitted by the Organizational Effectiveness Director. Funding Source: None Required. Proposition 35 amends the State Constitution to allow the state and local governments to contract with qualified private entities for architectural and engineering services for all phases of a public works project. The League of Cities and California State Association of Counties and over 150 other cities and public agencies have endorsed this ballot initiative. (City Council) Approved Master Plan Agreement with Ocean View School District for the Development of a Youth Sports Complex at Park View School/Murdy Park — Approved City's Insurance Indemnification Obligations (600.10) — 1. Approved the Agreement between the City of Huntington Beach and the Ocean View School District for Joint Development of Improvements and Joint Use of Improvements upon Certain Portions of City and District Property, and authorized the Mayor and City Clerk to execute same; and 2. Approved the language in Section 7 of the agreement regarding the city's indemnification obligations. Submitted by the Community Services Director. Funding Source: No appropriation needed until Council approves plans and specifications for Murdy Park reconfiguration. (City Council) Authorized Award of Water Service Contract to J. A. Salazar Construction Company for the Water Meter Box Replacement Project (Located in Various City Sidewalk Districts); WSC-015 — Authorized Expenditure of Funds (600.75) -1. Approved the low responsive/responsible bid submitted by J. A. Salazar Construction Company for the Water Meter Box Replacement Project; and 2. Authorized the Mayor and City Clerk to execute an appropriate construction contract in the amount of $25,412.50; and 3. Authorized the Director of Public Works to expend a total of $35,000, including the contract amount of $25,412.50, change orders in the amount of $2,540, and supplemental expenditures of $7,047.50. Submitted by the Public Works Director. Funding Source: $35,000 - Water Fund. (15) September 5, 2000 - Council/Agency Minutes - Page 15 (City Council) Approved the Release of Securities for Tract No. 15037 and Accepted the Public Improvements — Turnberry Huntington Beach, LLC — s/o Summit Drive, e/o Seapoint Avenue (420.60) — 1. Accepted the improvements constructed and dedicated for public use with Tract No. 15037; and 2. Released the Faithful Performance/Labor and Material No. 3SM89189000 and Monument Bond No. 3SM89189100 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted the Guarantee and Warranty Bond No. 3SM98420700; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Turnberry Huntington Beach, LLC, of this action and the City Treasurer to notify the surety, (American Motorists Insurance Company) of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of Public Works. Funding Source: Not applicable. (City Council) Approved the Release of Securities for Tract No. 15081 and Accepted the . Public Improvements — Turnberry Huntington Beach, LLC — s/o Summit Drive, e/o Seapoint Avenue (420.60) —1. Accepted the improvements constructed and dedicated for public use with Tract No. 15081; and 2. Released the Faithful Performance/Labor and Material No. 3SM89110200 and Monument Bond No. 3SM89188800 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted the Guarantee and Warranty Bond No. 3SM98420800; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City. Clerk to notify the developer, Turnberry Huntington Beach, LLC, of this action and the City Treasurer to notify the surety, (American Motorists Insurance Company) of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of Public Works. Funding Source: Not applicable. (City Council) Approved the Release of Securities for Tract No. 15085 and Accepted the Public Improvements — Turnberry Huntington Beach, LLC — s/o Summit Drive, e/o Seapoint Avenue (420.60) —1. Accepted the improvements constructed and dedicated for public use with Tract No. 15085; and 2. Released the Faithful Performance/Labor and Material No. 3SM89110300 and Monument Bond No. 3SM89188900 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted the Guarantee and Warranty Bond No. 3SM98420600; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Turnberry Huntington Beach, LLC, of this action and the City Treasurer to notify the surety, (American Motorists Insurance Company) of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of Public Works. Funding Source: Not applicable. (City Council) Approved City's Consent for Pending Sale by MS Vickers 11, LLC to John and Linda Thomas - Three Properties - Assessor Parcel Nos.: (1) APNs 111-140-28 — 33 (e/o Stewart Street, s/o Garfield Avenue); (2) APNs 159-281-01 - 02, 05 (s/w Corner of Main Street and Garfield Avenue); and (3) APNs 111-130-16, 23 (s/o Garfield Avenue, between Stewart & Goldenwest Streets) - Holly Seacliff Development Area Agreement No. 90-1 - Authorized Execution of Consent to Sale of Property and Assumption of Rights, Duties and Obligations (600.10) —1. Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approved the request by MS Vickers 11, LLC for the City Council to provide consent for the pending sale of a 4.6 acre property (APNs 111-140-28 — 33), a 1.7 acre property (APNs (16) September 5, 2000 - Council/Agency Minutes - Page 16 159-281-01 — 02, 05) and a 4.0 acre property (APNs 111-130-16, 23) to John and Linda Thomas; and 2. Approved and authorized the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties, and Obligations, and authorized the City Clerk to record said document with the Orange County Recorder. Submitted by the Planning Director. Funding Source: Not applicable. (City Council) Approved Professional Services Contract between the City and V. T. & Associates, Inc. to Provide Harass ment/Hostile Work Environment Prevention Training — Approved Expenditure of Funds (600.10) — 1. Approved Professional Services Contract between the City of Huntington Beach and V. T. & Associates for Harassment/Hostile Work Environment Prevention Training; and authorized the Mayor and City Clerk to execute same; and 2. Authorized the Director of Administrative Services to expend $33,000 for this purpose. Submitted by the Administrative Services Director. Funding Source: General Fund Nondepartmental Account for Training and Schools - $33,000. (City Council) Adopted Resolution No. 2000-88 Establishing the Appropriation Limit for Fiscal Year 2000/2001 (320.20) — Adopted Resolution No. 2000- 88 - "A Resolution of the City Council of the City of Huntington Beach Establishing the Appropriation Limit for Fiscal Year 200012001"adopting an appropriation limit of $343,225,911. Submitted by the Administrative Services Director. Funding Source: Not applicable. (Redevelopment Agency) Approved Professional Services Contract with Rosenow Spevacek Group, (RSG) Inc. for Consultant Services to Study the Southeast Coastal Area (e/o Pacific Coast Highway, between Beach Boulevard and Magnolia Street) for Consideration as a Redevelopment Project Area — Approved Appropriation of Funds (600.30) The City Council considered a communication from the Economic Development Director recommending that the Redevelopment Agency initiate the process to consider the formation of a Redevelopment Project Area by engaging the firm of Rosenow, Spevacek Group, Inc., to provide Redevelopment Plan Adoption Services. In October 1999, the Redevelopment Agency of the City of Huntington Beach commissioned the preparation of a preliminary Redevelopment Feasibility Study for a 266-acre area located east of Pacific Coast Highway, between Beach Boulevard and Magnolia Street ("Southeast Coastal Study Area"). The study determined that the Southeast Coastal Study Area qualified as a potential redevelopment project area under State Redevelopment Law. Economic Development Director David Biggs presented a PowerPoint slide report which had been announced earlier as a Late Communication by the City Clerk. The slide show presentation is titled Redevelopment Plan Adoption Services for the Southeast Coastal Study Area — City of Huntington Beach — September 5, 2000 — Agenda Item F-1. Councilmember Sullivan questioned whether or not eminent domain is at issue, to which Economic Development Director Biggs responded that staff is not contemplating a decision on that aspect of the matter. Economic Development Director Biggs answered Mayor Pro Tern Harman's inquiry that the study is fairly comprehensive, and that the nominal costs will take RSG, Inc. to the end of the project. (17) September 5, 2000 - Council/Agency Minutes - Page 17 A motion was made by Dettloff, second Harman to 1. Approve the Professional Services Contract between the Redevelopment Agency of the City of Huntington Beach and Rosenow Spevacek Group, Inc. for Redevelopment Plan Adoption Services; and 2. Authorize the Agency Chairman and Agency Clerk to execute in an amount not to exceed $172,000; and 3. Appropriate $172,000 from the Redevelopment Agency Capital Project Fund Balance. 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 an Owner Participation Loan Agreement (OPA) with Orange County Community Housing Corporation (OCCHC)— Acquisition and Rehabilitation of 17411 and 17421 Koledo Lane (HOME Investment Partnership Program) Approved Temporary Waiver of Certain Insurance Requirements - Adopted Resolution No. 2000-89 for Reimbursement of Expenditures (600.30) The City Council considered a communication from the Economic Development Director transmitting an Owner Participation Agreement (OPA) between the Agency and Orange County Community Housing Corporation (OCCHC) is submitted for Council approval. This agreement would provide for a loan in an amount not to exceed $570,000 of Agency Housing Set Aside and HOME Investment Partnership Program funds for the acquisition and rehabilitation of 17411 and 17421 Koledo Lane. In addition, an Agency resolution is submitted for adoption, which would allow the Agency to substitute bond proceeds as the source of financing for the project, at some point in the future, should it become feasible. Economic Development Director Biggs delivered a PowerPoint slide presentation dated September 5, 2000 titled Loan Agreement with Orange County Community Housing Corporation (OCCHC) which had been submitted to the City Clerk's Office on August 31, 2000. A motion was made by Harman, second Green to take the following City Council Action to: Temporarily 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 OCCHC by the close of escrow; and the following Redevelopment Agency Actions to: 1. Approve an Owner Participation Agreement with Orange County Community Housing Corporation (OCCHC) for $570,000 using Agency Housing Set Aside and HOME Investment Partnership funds for the acquisition and rehabilitation of 17411 and 17421 Koledo Lane, and 2. Approve and authorize execution and recordation by the Agency Chairman and Clerk of the entire Owner Participation Agreement and all attachments, when advised by the City Attorney's Office; and 3. Authorize the wire transfer of Agency funds in the amount necessary to First American Title Company to effect the closing of the acquisition escrow, and 4. Adopt Resolution No. 311 —A Resolution of the Redevelopment Agency of the City of Huntington Beach Declaring Intention to Reimburse Expenditures from the Proceeds of Tax -Exempt Obligations and Directing Certain Actions."The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (City Council) Received and Filed City Attorney's Report Re: Issues Relating to Legal Counsel for the Huntington Beach Conference and Visitor's Bureau (600.10) (18) September 5, 2000 - Council/Agency Minutes - Page 18 Mayor Garofalo announced his abstention from consideration of this item. Per direction at the August 28, 2000 Council meeting, the City Attorney's Office investigated and prepared material relative to this item on the August 21, 2000 agenda. The item is being brought forward for Council consideration in response to the attached communication received from John Gilbert, Chairman of the Huntington Beach Conference and Visitor's Bureau. The communication dated August 28, 2000 is included in the agenda packet and addresses issues relative to whether or not it is allowable for the City Attorney's Office to provide attorney representation to the Huntington Beach Conference and Visitor's Bureau. The City Council considered a communication from the City Attorney's Office which had been announced earlier as a Late Communication by the City Clerk. The communication is dated September 1, 2000 transmitting an opinion regarding the funding contract between the City of Huntington Beach and the Huntington Beach Conference and Visitors Bureau and the Visitor's Guide contract between the Bureau and David Garofalo & Associates, Inc. The communication is titled Funding Contract between the City of Huntington Beach and the Huntington Beach Conference and Visitors Bureau; Visitor's Guide Contract between the Bureau and David Garofalo & Associates, Inc. Discussion was held relative to the issue, including a summarization by Councilmember Sullivan as to direction given by Council that the Huntington Beach Conference and Visitors Bureau terminate its contract with Coatings Resource Inc. to produce the Visitor's Guide. The Council concurred that a motion was not necessary as the action of the August 21, 2000 Council meeting stands, which had a vote of approval of 6 Ayes, 0 Noes, and 1 Absent (Garofalo) on the following motion: Strongly recommend the Huntington Beach Conference & Visitors Bureau Board of Directors to terminate its contract with Coatings Resource to produce the Visitors Guide. (City Council) Adopted Emergency Ordinance No. 3476 to Amend H. B. Municipal Code Chapter 10.12 Re: Speed Limits on Seapoint Avenue and Summit Drive (580.60) The City Council considered a communication from the Director of Public Works to amend the speed limits on certain streets and to make other corrections as needed. This ordinance revises speed limits on Seapoint Avenue and Summit Drive as recommended by the City Council subcommittee at the August 3, 2000 meeting with the adjacent homeowner's association. The emergency ordinance requires five votes for adoption. Following reading by title, a motion was made by Harman, second Dettloff to adopt Emergency Ordinance No. 3476 —An Emergency Ordinance of the City Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code of Huntington Beach Pertaining to Speed Limits" effective immediately for the preservation of public safety. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (City Council) Adopted Ordinance No. 3475 to Amend Huntington Beach Municipal Code Chapter 9.68.050 Pertaining to Curfew for Minors (Juvenile) (640.10) (19) September 5, 2000 - Council/Agency Minutes - Page 19 (City Council) Adopted Ordinance No. 3475 to Amend Huntington Beach Municipal Code Chapter 9.68.050 Pertaining to Curfew for Minors (Juvenile) (640.10) The City Council considered a communication from the City Attorney to allow exceptions to its juvenile curfew ordinance to comport with a recent federal case concerning the constitutionality of a San Diego juvenile curfew ordinance. Following reading by title, a motion was made by Harman, second Dettloff to adopt Ordinance No. 3475 — "An Ordinance of the City of Huntington Beach Amending Chapter 9.68 of the Huntington Beach Municipal Code Pertaining to Curfew" covering exceptions to the juvenile curfew ordinance and making minor language changes. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (City Council) Tabled Adoption of Ordinance No. 3469 to Repeal H. B. Municipal Code Chapter 9.36 Relating to Indecent Exposure and Adding Chapter 9.37 Pertaining to Public Nudity - Directed the City Attorney to Review Ordinance and Proposed Findings in Light of Alameda Books Appellate Decision (640.10) The City Council considered a communication from the City Attorney transmitting that in: May 1999, City Council considered an amendment to the Huntington Beach Municipal Code to prohibit public nudity. Upon advice of the City Attorney, the City Council elected to delay the amendment pending the outcome of litigation on the state and federal levels. Since the last Council meeting at which the proposed anti -nudity ordinance and changes to the sex -oriented business ordinance were discussed the Federal Appellate Court for the 9th Circuit (in which Huntington Beach is located) handed down a decision in Alameda Books v. City of Los Angeles. The Court declared unconstitutional the actions of the City Council in Los Angeles when it adopted a new ordinance pertaining to sex -oriented businesses. The case may have applicability the proposed anti -nudity ordinance here, as it relates to conduct within a sex - oriented business. Therefore the City Attorney's Office is requesting the City Council to table this issue to allow the City Attorney to review and perhaps rewrite the ordinance, to examine or create further back-up documentation, if necessary, and to consider the impact of Alameda Books (2000 Daily Journal D.A.R. 8287) or the Tily B. and Erie Pap cases (both cases are cited in the City Attorney's communication). A motion was made by Harman, second Dettloff to table Ordinance No. 3469 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Repealing Chapter 9.36 Relating to Indecent Exposure and Adding Chapter 9.37 Pertaining to Public Nudity and Findings in Support Thereof," with direction to the City Attorney to review the ordinance and proposed findings in light of the Federal Appellate decision in Alameda Books (2000 Daily Journal D.A.R. 8287). The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: None (20) September 5, 2000 - Council/Agency Minutes - Page 20 (City Council) Approved Introduction of Ordinance No. 3470 to Amend H. B. Municipal Code Chapter 5.70 Re: Limiting Enforcement of Sex -Oriented Business Regulations — Modifications and Findings (640.10) The City Council considered a communication from the City Attorney's Office transmitting whether the city should enforce all sex -oriented business (SOB) regulations civilly, make changes to the existing SOB ordinance to expand the hours of operation, make language changes for the purpose of clarity, add definitions for the purpose of clarity, and require a 6 foot radius between performers and patrons, and whether the city should adopt additional findings in support of the existing sex -oriented business ordinance and the amendments to it. A motion was made by Harman, second Dettloff to approve introduction of Ordinance No. 3470 — "An Ordinance of the City of Huntington Beach Amending Chapter 5.70 of the Huntington Beach Municipal Code Relating to the Regulation of Sex -oriented Businesses, " limiting enforcement of sex -oriented business regulations to civil remedies, expanding the hours of operation, making minor language changes, clarifying permitted conduct of performers and adopting findings which support the existing ordinance and the ordinance as amended. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff NOES: Bauer ABSENT: None (City Council) Police Chief Report Re: 911 Emergency Services (530.10) In reference to the recent power outage, Police Chief Lowenberg reported that 911 Emergency Services are backed up by diesel generators and are not affected by power shortages such as that which affected the Council Chambers voting system. Council Comments — (Not Agendized) (City Council) Request for Staff Report Re: LA Times Article on Deaths Caused by Items Falling from Shelves of "Big Box" Stores (570.10) Councilmember Sullivan referred to an article in the Los Angeles Times regarding deaths caused by items falling from shelves in "Big -Box" stores. Staff was requested to prepare a report relative to the feasibility of safety measures in Huntington Beach "Big -Box" stores. Mayor Garofalo announced cancellation of the September 11, 2000 meeting. (21) September 5, 2000 - Council/Agency Minutes - Page 21 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 to Monday, September 18, 2000, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. �.-- X 1 0:1., City Clerk and ex-officio Clerk dithe 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 • w