Loading...
HomeMy WebLinkAbout2000-12-04 (7)Minutes City Council/Redevelopment Agency City Of Huntington Beach 6:00 P.M. - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, December 4, 2000 A videotape of the 6:00 p.m. meeting is on file in the Office of the City Clerk. Call To Order Mayor/Agency Chairman Garofalo called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6.05 p.m. in the Council Chambers. City Council — Redevelopment Agency Roll Call Present: Julien Houchen, Sullivan, Garofalo, Green, Dettloff, Bauer Absent: Harman Flag Ceremony - Girl Scout Troop 2065 from St. Bonaventure Catholic School, Huntington Beach. Co -Leaders are Dorothy Mullin and Jennifer Hall. Invocation - The Reverend Peggy Price, Church of Religious Science, Huntington Beach. (City Council/Redevelopment Agency) Approved and Adopted Minutes of the Council/ Agency Special Meetings of October 24, 2000 and Regular Meetings of November 6, 2000 A motion was made by Green, second Bauer to approve and adopt minutes of the Council/ Agency special meetings of October 24, 2000, and regular meetings of November 6, 2000, as written and on file in the Office of the City Clerk. The motion carried by the following roll call vote: AYES: Julien Houchen, Sullivan, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Harman (City Council) - Certification Made by the City Clerk to the City Council of Canvass of Election by Registrar of Voters for General Municipal Election on November 7, 2000 - Adopted Resolution No. 2000-115 (620.20) The City Council considered a communication from the City Clerk transmitting Resolution No. 2000-115 for the Certification of Canvass of Election by the Registrar of Voters. The communication sets forth that Resolution No. 2000-115 recites the facts of the General Municipal Election held in the city on the 7t' day of November 2000, declaring the results thereof (2) December 4, 2000 - Council/Agency Minutes - Page 2 and such other matters as provided by the City Charter and Elections Code of the State of California. The City Clerk announced that there was a 73% turnout, out of 113,880 registered voters, and that the city trails only the City of Anaheim by a few hundred votes. A motion was made by Green, second Bauer to adopt Resolution No. 2000-115 - "A Resolution of the City Council of the City Of Huntington Beach Reciting the Fact of the General Municipal Election Held On November 7, 2000 Consolidated with the County Of Orange, and Declaring the Results Thereof and Such Other Matters as Provided By Law." The motion carried by the following roll call vote: AYES: Julien Houchen, Sullivan, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Harman (City Council) State of the City Address Delivered by Outgoing Mayor Dave Garofalo (160.40) Outgoing Mayor Dave Garofalo presented a twelve -minute video covering one minute for each of the twelve months culminating his term of office. Mayor Garofalo delineated the goals of the city which includes business development. The Mayor made mention of several city sites, amenities, and attractions, highlighting: 1. The Parade of Lights Held at the Pier November 19, 2000; 2. The city's reputation as the "Safest City" and Police Officer Nick Ekovich's heroic actions; and 3. All of the Councilmembers' collaborations with staff and the community relative to top priority issues such as water quality, the Bolsa Chica Wetlands, and infrastructure improvements. (City Council) Presentations Made by Outgoing Mayor Dave Garofalo to Each Councilmember (160.40) Mayor Garofalo made presentations to each Councilmember, the City Administrator, the City Attorney, the City Treasurer, and the City Clerk of a framed montage of the city's accomplishments titled Turn of the Century Year 2000 that included the following: 1. Life Tower Zero at the Pier dedicated to "Max" Bowman; 2. The new Edwards Hill Fire Station 6; 3. The renovated City Gym and Pool, with gratitude to Community Services Deputy Director Jim Engle for his efforts toward this endeavor; and 4. The seeds planted for the Urban Forest in Huntington Central Park, with appreciation to Mayor Pro Tern Harman for his initiation of the project. (City Council) Outgoing Mayor Pro Tern Tom Harman Addressed Council and Citizens via Teleconferencing (160.40) Outgoing Mayor Pro Tern Tom Harman through audio described his special day in Sacramento being sworn into office as a State Assemblyman for the 67 h District. Assemblyman Harman conveyed his regret that he could not attend the Council meeting. He thanked the citizens of Huntington Beach for allowing him to serve them during the last six years on the City Council, (3) December 4, 2000 - Council/Agency Minutes - Page 3 and for having elected him as Assemblyman. He expressed his best wishes to outgoing Councilmember Dave Sullivan and the two incoming Councilmembers, Debbie Cook and Connie Boardman. Assemblyman Harman announced that he offered Assembly Bill 15 on urban runoff, and that he had just returned from a Governor's Reception where he spoke with Governor Gray Davis regarding the Bolsa Chica Wetlands. (City Council) Outgoing Councilmember Dave Sullivan Addressed Council and Citizens (160.40) Outgoing Councilmember Dave Sullivan delivered an address to the Council and citizens announcing his retirement after eight years of public service. He expressed his number one guiding principle was to serve the community and as such, that he has achieved his goal of entering the City Council as an outsider and leaving as an outsider. Councilmember Sullivan thanked Bob Kakuk for his Veteran's Memorial on the City Hall grounds. He stated that it was Councilmember Bauer who urged him to run for Council, and named his five closest advisors: Ed Kerins, Mark Porter, Chuck Scheid, Debbie Cook and most importantly, Mrs. Dave Sullivan. Councilmember Sullivan announced that he is forming the Huntington Beach Taxpayers' Association to monitor tax spending and advise citizens on how to spend their tax dollars. He stated that he was influenced by the Howard Jarvis Taxpayer's Association's litigation against the city. Councilmember Sullivan provided the organization's phone number and website address: home. soca1.rr.comlhbtax. The Mayor and other Councilmembers related anecdotes of their association with Councilmember Sullivan and fond wishes in parting, stating that he has the distinction of being recognized as the Councilmember who "speaks funny," pronouncing the word "park" in a humorous way (due to his Boston accent). (City Council) Presentations from the Community to Outgoing Councilmember Sullivan (160.40) Ed Kerins announced that presentations to absent Mayor Pro Tern Harman are scheduled for a future date. Mr. Kerins facilitated presentations to Councilmember Sullivan from members of the Huntington Beach Tomorrow; Bolsa Chica Land Trust; Huntington Beach Mobile Home Owners Association, and the Amigos de Balsa Chica. Presenters included Linda Moon, Eileen Murphy and Steve Gullage. Also in attendance was "Save Our Parks" representative Dr. Larry Geisse who spoke about Councilmember Sullivan's efforts relative to the passage of Measure C in collaboration with Councilmember Green. Measure C was adopted by the voters and requires a vote of the people before building on the beach or parks. Ed Kerins recited a "Resolution of Huntington Beach Tomorrow" listing Councilmember Sullivan's credentials including being a proponent of the Balsa Chica Mesa and of open government. Momentary Recess to Seat New Councilmembers Councilmembers Debbie Cook and Connie Boardman assumed their places at the Council Table. (4) December 4, 2000 - Council/Agency Minutes - Page 4 (City Council) Oath of Office Administered by Mayor Dave Garofalo to City Clerk Connie Brockway (620.60) Mayor Dave Garofalo administered the Oath of Office to City Clerk Connie Brockway. City Clerk Brockway delivered a brief acceptance speech, thanking the citizens for voting for her and stating her commitment to serve them to the best of her ability. (City Council) Oath of Office Administered by City Clerk Connie Brockway to Newly Elected Councilmembers and City Treasurer (620.60) City Clerk Brockway administered the Oath of Office to the newly elected officers as follows: Members of the City Council Pam Julien Houchen Debbie Cook Connie Boardman City Treasurer Shari L. Freidenrich City Treasurer Shari Freidenrich delivered her acceptance speech. City Treasurer Freidenrich thanked Council and the dedicated city staff for their support of her investment reports and welcomed the new Councilmembers. City Treasurer Freidenrich relayed a special thanks to City Administrator Ray Silver for all he does to manage city business. (City Council) Statements Given by Newly Elected Councilmember Connie Boardman (160.40) Requested by Mayor Garofalo to say a few words, Councilmember Boardman stated her commitment to brevity for the Council meetings. She spoke regarding her father, a retired carpenter who helped to build city hall where it presently stands. Councilmember Boardman thanked her campaign supporters, her husband and brother among them. She welcomed citizens to contact her via e-mail at CB for Council @ AOL.com. Councilmember Boardman presented her concerns that includes support of the preservation of open space, heralding a new era for the Bolsa Chica with the recent Coastal Commission decision to lower the bench of the mesa. She also mentioned that addressing the issues of beach pollution and the need for infrastructure improvements. (City Council) Statements Given by Newly Elected Councilmember Debbie Cook (160.40) Councilmember Cook echoed Councilmember Boardman's goal to keep Council meetings short. She stated that she would draw upon her experience as an activist to keep her newly appointed job in perspective. Councilmember Cook mentioned that like her mentor, the outgoing Councilmember Sullivan, she is also an outsider and hopes to leave as one. She stated she shares Councilmember Boardman's goals, but that above all her intent is to keep an open mind and an open door policy for the public. Councilmember Cook wished Mayor elect Julien Houchin in her new role. (5) December 4, 2000 - Council/Agency Minutes - Page 5 City Clerk Presided City Council — Redevelopment Agency Roll Call: Present: Green, Boardman, Cools, Julien Houchen, Garofalo, Dettloff, Bauer Absent: None (City Council) Election of Mayor for Ensuing Year (After Roll Call of Newly Elected Officers) (620.20) The City Clerk called for a motion to elect a Mayor for the City of Huntington Beach. A motion was made by Cook, second Dettloff to elect Councilmember Pam Julien Houchen as Mayor by acclamation. No vote was required as all rose and gave a standing ovation. (City Council) Oath of Office Administered by the City Clerk to Incoming Mayor Pam Julien Houchen (620.60) The City Clerk administered the Oath of Office to incoming Mayor Pam Julien Houchen. New Mayor Presided (City Council) Election of Mayor Pro Tempore for Ensuing Year (After Roll Call of Newly Elected Officers) (620.20) Incoming Mayor Pam Julien Houchen called for a motion to elect a Mayor Pro Tempore for the City of Huntington Beach. A motion was made by Boardman second Green to elect Councilmember Debbie Cook as Mayor Pro Tern by acclamation. No vote was required as all rose and gave a standing ovation. (City Council) Statements Given by Newly Elected Mayor Julien Houchen (160.40) Mayor Pam Julien Houchen thanked her supporters, including her husband of one year, Bryan Houchen and her campaign committee. Mayor Julien Houchen stated that it has been her dream for the last twenty years to become Mayor, seeing the beginning of a new millenium with a female in the majority Council body. Mayor Julien Houchen stated that she looks forward to seeing the Council actions of her past term come to fruition with the construction of the Huntington Center Mall, the Huntington Central Park Sports Complex, the pro -humane animal shelter, the new senior center and the police training center. She stated that her first priority continues to be public safety. (City Council) Statements Made by the First Huntington Beach Female Mayor Norma Brandel Gibbs (160.40) The first female Mayor, Norma Brandel Gibbs, who served in 1970 delivered a few statements. Ms. Gibbs stated that she had been on the Council while the present city hall building was being (6) December 4, 2000 - Council/Agency Minutes - Page 6 constructed, referring to Councilmember Boardman, whose father had helped build it. Ms. Gibbs also shared an account of how she had to represent women in the minority at that time. She related a humorous account of her actions to ensure convenient access by women to public restroom accommodations in the Council Caucus area. (City Council) Presentation by Committee to Re -Elect Pam Julien as Mayor (160.40) Members of the Committee to Re -Elect Pam Julien presented her with a "Shatter the Glass Ceiling" pin symbolizing her personal success, and other offerings representing their well wishes for Councilmember Julien Houchen's Mayoral term of office. Well wishers included Connie Mandic, Cathy Green, and Dawn Stanton. (City Council) Incoming Mayor Julien Houchen Presented "Ultimate Challenge" Sculpture to Outgoing Mayor Garofalo (160.40) Mayor Julien Houchen presented the "Ultimate Challenge" surfer sculpture to Councilmember Dave Garofalo, stating that it has been his ultimate challenge to be Mayor and thanking him for his service to the community. (City Council) Outgoing Mayor Garofalo Turned Over the Gavel to Incoming Mayor Julien Houchen (160.40) In kind, Councilmember Garofalo presented the gavel to new Mayor Julien Houchen and wished her luck in her Mayorship. Recess - Reception in Room B-8 Reconvene In Council Chamber -- 8:15 p.m. Late Communications The City Clerk announced Late Communications that had been received at the City Clerk's Office after distribution of the agenda packet: Communication dated December 4, 2000 from Jim Martin transmitting his objections to the Agenda Item on the Gun Range and requesting that it be pulled for further discussion. Communication titled Item E-4 Contract for Consulting Services for Gun Range Cleanup & Reuse. Communication dated December 1, 2000 from Robin Lugar, Administrative Assistant transmitting a summary of her review of the segment of videotape for the November 20, 2000 City Council meeting relating to the City Attorney reporting out actions taken by the City Council/Redevelopment Agency during Closed Session. Communication titled November 20, 2000 City Council Meeting. Communication from the City Attorney dated December 4, 2000 titled Agenda Item F-1 for CouncillAgency Meeting of December 4, 2000: Closed Session Action by City Council/ Redevelopment Agency on November 20, 2000. (7) December 4, 2000 - Council/Agency Minutes - Page 7 Public Comments All speakers congratulated newly elected Mayor Pam Julien Houchen, Mayor Pro Tem Debbie Cook, and Counciimember Connie Boardman. Linda Moon, President, Amigos de Bolsa Chica, expressed her pride for a City Council that understands the importance of protecting the Balsa Chica wetlands and of preserving its legacy for future generations. Doris J. Rondeau, Board Liaison, Village Court Board of Directors distributed a handout and requested that Council honor its alleged ten-year old promise of providing median landscaping improvements on Main Street between the intersections of Delaware and Huntington Streets. Discussion between Council and city staff disclosed that: 1. The Public Works Department has had ongoing contact with the speaker over the last two years, during which $15,000 had been spent towards a sprinkler system as the first step towards this goal; 2. It is the function of the infrastructure improvements program to address the need for median landscaping throughout the city; and 3. it is unlikely that this unfunded project will be completed before the next budget cycle which will be in the Spring of 2001. Eileen Murphy spoke relative to the item on Agenda regarding the settlement Agreement between the City/Redevelopment Agency, Coastal Commission and Mayor Corporation. Ms. Murphy urged Council to approve a provision for ample buffer zones around the Little Shell wetland preserve. Joey Racano encouraged the "spirit of cooperation" that he said has been fostered between the city and the community with regard to the Balsa Chica, especially the recent Coastal Commission action to lower the bench. He reiterated the previous speaker, Ms. Murphy's request for the need of a buffer to preserve Little Shell. Mr. Racano stated that the traffic control appurtenances installed next to the Little Shell wetlands are unacceptable, as they spill lighting that is detrimental to the preserve. He cautioned against urban runoff; that the peat bogs are subject to liquefaction. Mr. Racano informed Council that Brookhurst Street and Pacific Coast Highway was an epicenter during the 1933 earthquake, stating he regarded the entire south east Huntington Beach area as toxic. Norm Westwelt spoke in opposition to the "sleeping in vehicles" ordinance on the agenda, recommending its elimination altogether. Mr. Westwell announced his website for civic involvement: modern public.com. Gary Bernard requested the immediate cessation of what he perceives as "archaeological digs" for artifacts and human remains taking place in the Balsa Chica Mesa burial grounds. Mayor Julien Houchen directed the speaker to the Planning Director Zelefsky to address the issue. Mary Antonelli inquired about the Bolsa Chica mesas, where she states sacred ground including burial sites are being destroyed during the present Sandover construction project. Ms. Antonelli stated that answers are needed. (8) December 4, 2000 - Council/Agency Minutes - Page 8 Don McGee informed Council that he will concede that the past election apocalypse he predicted did not materialize. Mr. McGee warned about national -level political activity, expressed as opposition to the Republican Party. Jim Erwin spoke in opposition to Ed Laird's property owners' Charter Amendment petition being circulated. Mr. Erwin expressed his fear that he is being priced out of the community, stating that his purpose for coming was to inform Council of the rent -gouging taking place throughout the city. Diane Heyden, Fourth of July Executive Board Member, stated she is speaking on its behalf in favor of the revision/extension of the Fourth of July parade route on the agenda. She stated that her express purpose in addressing Council is to clarify that the intent of the Board is not to commercialize the event but to obtain title sponsorship for the city and increase the parade's entertainment value. Ms. Heyden informed Council that Tommy Hilfiger, the title sponsor of the last two years is not willing to renew its contract due to the city's lack of commitment to reroute and televise an ocean backdrop of Pacific Coast Highway, which would reposition the parade for good marketing purposes. Tim Geddes informed Council that he lives a half a mile from the 1933 earthquake epicenter that the previous speaker Mr. Racano described. Mr. Geddes commented favorably upon the new female majority created by the makeup of the present City Council membership. He stated that he is a former high school teacher, but that he remains active through introducing civics into its social studies curriculum. Mr. Geddes remarked that it is his duty to serve youth in the community, and that he finds it imperative for the new Council to represent all its constituents including young citizens. Pat Rogers furnished her business affiliations with several community organizations including the distinction of having been the first woman to join the local Kiwanis Club and as Mall Manager for the Huntington Center. She requested action towards revitalization of the mail to renew its reputation as the "pride of Orange County." Ms. Rogers provided a brief background behind the decline of the Huntington Center Mall, which began with the exodus of the J. C. Penney's Department Store. She stated that she wished to correct the perception of those who have an unfavorable view of the actions taken by the participants in the current redevelopment process. Steve Gullage, President of the Huntington Beach Mobile Home Owners Association, informed Council that his purpose for speaking was to alert the city about Ed Laird's anti -renters' Charter Amendment petition. He stated that the initiative being circulated is going to deny renters the right to contest unfair increases by property owners who will be able to raise mobile home rents without fear of legal recourse. Mr. Gullage rebutted the claims being made that the initiative purports to protect property rights, and that in truth it only seeks to destroy mobile home owners' rights. He announced that any individuals who may have inadvertently signed the petition may have their names removed by writing to the City Clerk's Office. Jan Vandersloot spoke in opposition to the method by which the Waterfront Development Settlement Agreement in the Balsa Chica Land Trust v. Coastal Commission pending litigation case had been handled. Dr. Vandersloot stated that the item was not properly agendized. He informed Council that Coastal Development Permit 97-1 b will allow Pacific View Avenue to cut through the tip of Little Shell, which is supposedly deed -restricted. Dr. Vandersloot reiterated the request of previous speakers, requesting that the Settlement Agreement voted upon and (9) December 4, 2000 - Council/Agency Minutes - Page 9 approved in closed session be amended to 1) include buffer zones for the Little Shell preserve, which could be in the form of sycamore trees; 2) adjust the lighting on Beach Boulevard and Pacific View Avenue to rectify the detrimental effects it would have on the wetlands; and 3) address the urban runoff problem as described by the previous speaker, Mr. Racano. Dr. Vandersloot stated he is in favor of retaining appeal rights both on the CDP and the Settlement Agreement, inquiring when it was signed, and if the deed has been recorded, and by whom. Jim Martin spoke in opposition to the item on the agenda relative to the proposed relocation of the Hanson Recycling Center to the old gun range site, as inappropriate land use. He conveyed his opinion that since it is not connected with park or recreational use the land will revert back to the county. Mr. Martin stated that he is opposed to the use of Redevelopment Agency funds, and that the private sector should be involved in the process. He felt that the Police Officers' Association was let off the hook, as they are the previous tenants who had benefited from the gun range but are not being considered to be responsible for the cleanup and remediation of lead contamination. Consent Calendar -- Items Removed for Separate Discussion The following items were removed from the Consent Calendar for separate discussion: (City Council) Deferred from November 20, 2000) - A Commemorative Monument to War Hero, Marine Colonel Arthur A. Poindexter at the Central Library in Huntington Central Park (east of Main Entrance) (130.55) (City Council) Deferred from November 20, 2000 Resolution No. 2000-108 Designating a Redevelopment Survey Area to Study Feasibility of Establishing a Southeast Coastal Project Area in the Vicinity of the ASCON Superfund Property/AES Generating Plant at Beach Boulevard, Hamilton Avenue, Magnolia Street and Pacific Coast Highway (400.20) (City Council) Continued from November 20, 2000 - Contract Agreement between the City and RBF Consulting for Professional Planning Services to Prepare Environmental Documentation and Remedial Work Plan for Cleanup of Closed Gun Range Site in Huntington Central Park for Re-use/Relocation by the Hanson Recycling Center (600.10) (City Council) Resolution No. 2000-114 - Amendment to Non -Resident Library Card Fee to Exempt Non -Resident City Employees from Paying Non -Resident Library Card Fee (340.20) (City Council) Modification of Fourth of July Parade Route for Year 2001 to Include a Section of Pacific Coast Highway - Amendment to Budget Conditioned on Obtaining Title Sponsor (960.30) (City Council) City Council Position on Legislation Pending Before the Congress as Recommended by the City Council Intergovernmental Relations Committee - HR 5535 - (Rohrabacher) - Enhancement and Restoration of Coastal Resources (420 70) 69 0 , y 0 Consent Calendar — Items Approved On motion by Garofalo second Boardman, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (10) December 4, 2000 - Council/Agency Minutes - Page 10 (City Council) Deferred from November 20, 2000 - Approved Agreement Extending Professional Services Contract between the City and Diehl, Evans and Company, LLP to Include Annual Audit Services for Fiscal Year 1999-2000 - Approved Settlement Committee's Insurance and Indemnification Waiver Recommendations (600.10) - 1 . Approved the Professional Services Contract between the City of Huntington Beach and Diehl Evans & Company, L.L.P. for Audit Services to perform the city's annual audit for fiscal year 1999-2000 for a contract price of $48,300 and authorized the Mayor and City Clerk to execute; and 2. Approved waiver of insurance and indemnification requirements as recommended by the settlement committee. Submitted by the Acting Administrative Services Director. Funding Source: FY 2000/2001 General Fund. (City Council) Adopted Resolution No. 2000-110 Requesting CalTrans Approval for Temporary Closure of Pacific Coast Highway and Adopted Resolution No. 2000.111 for Temporary Closure of Portions of Various City Streets for the Pacific Shoreline Marathon for Fiscal Years 2000-2010 (960.50) - 1. Adopted Resolution No. 2000-110 — "A Resolution of the City Council of the City of Huntington Beach Requesting CalTrans Approve the Closing of Pacific Coast Highway for the Huntington Beach Pacific Shoreline Marathon" as required by CalTrans; and, 2. Adopted Resolution No. 2000-111 — `A Resolution of the City Council of the City of Huntington Beach for the Temporary Closure of Portions of Goldenwest Street, Garfield Avenue, Edwards Street, Ellis Avenue, Talbert Avenue, Seapoint Street, Inlet Drive, Overlook Drive, Summit Drive, Varsity Drive, and Central Park Drive for the Pacific Shoreline Marathon Run." Submitted by the Community Services Director. Funding Source: Not applicable. (City Council) Approved Agreement with Thomas F. Feeley for Legal Services In Tort and Police Related Litigation and Approved Modifications To Insurance Requirements (600.10) 1. Approved the Agreement between the City of Huntington Beach and Thomas F. Feeley, a Professional Corporation For Legal Services, and authorize execution by the Mayor and City Clerk; and 2. Approved the deductible to the firm's professional liability policy in the amount of $10,000 and waive the 30-day cancellation notice. Submitted by the City Attorney. Funding Source: Self Insurance Liability; Contract Legal Services. (City Council) Approved the Release of Securities for Tract No. 14979 and Accepted the Public Improvements - Authorized Recordation of Notice of Completion for SCH Housing No. 3 LLC, Northwest Corner of Gothard Street and Ernest Avenue - Holly Seacliff Specific Plan (420.60) -1. Accepted the improvements constructed and dedicated for public use with Tract No. 14979; and 2. Released the Faithful Performance/Labor and Material Bond No. 3SM 909 080 00 and Monument Bond No. 3SM 909 081 00 pursuant to California Government Code Section No. 66499.7(b); and 3. Accepted the Maintenance Bond No. SDO0093467 (Frontier Pacific Insurance Company) the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, SCH Housing No. 3 LLC, of this action, and the City Treasurer to notify the Surety, American Motorists Insurance Company, of this action; and S. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. Submitted by the Public Works Department. Funding Source: Not applicable. (City Council) Adopted Resolution No. 2000-116 Approving a Three Year Memorandum of Understanding Between the City and the Huntington Beach Police Management Association and Authorized Appropriation of Funds (720.20) — Adopted Resolution No. 2000-116 — "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Police Management Association and the City of Huntington Beach for the Term of January 1, 2001, to December 31, 2003,"and (11) December 4, 2000 - Council/Agency Minutes - Page 11 authorized the appropriation of $60,464 to pay the increased salary and benefit costs for 2000/01. Submitted by the Acting Director of Administrative Services. Funding Source: General Fund, $451,400 approved as part of 2000/01 budget. Total increase in cost of this three-year agreement is $1,927,000. (City Council) Continued to January 2001 — Directed Staff to Institute a Policy for Naming Commemorative Monuments and Provide an Artist's Rendering Using Urban Design Guidelines for a Statue of War Hero, Marine Colonel Arthur A. Poindexter at the Central Library in Huntington Central Park (East of Main Entrance) (130.55) The City Council considered a communication from the Community Services Department requesting approval of the concept of honoring resident and war hero, Marine Colonel Arthur A. Poindexter with a monument placed to the east of the main entrance of Central Library, next to the water fountain in Huntington Central Park. Private donations will be secured to design, purchase, and install the monument. Councilmember Boardman requested the item be removed from the Consent Calendar for separate discussion. She inquired about the criteria being used in the selection process. Councilmember Boardman noted that the staff report reads approval in concept, ascertaining that there is no artist's rendering. She asked how much flexibility there is in adding other individuals' names to the monument for honoring them in this manner. Councilmember Bauer recommended that consistent criteria be used to select honorees of all types — not only military heroes — for singling out. Councilmember Bauer reminded Council that it recently approved the city's Urban Design Guidelines for public art and suggested that in addition, staff may want to look to the Allied Arts Board for a determination of the artistic merit of the design yet to be rendered. Councilmember Garofalo stated his belief that proponents of the project would not mind deferring the item. He stated that what he saw as important was the follow-through staff had taken to obtain public input; working through the process from the Community Services Commission which made a unanimous decision to move forward, followed by the approval of a subcommittee, and ending with the consensus of the Library Board. Councilmember Garofalo announced that there is an unprecedented national movement to recognize World War II veterans. Councilmember Garofalo furnished his rationale for the selection of Marine Colonel Arthur A. Poindexter. He pointed out that Colonel Poindexter had not been a warrior but a peacekeeper; by vocation a teacher and a humanitarian. Councilmember Garofalo stated that Colonel Poindexter was a Second Lieutenant when Bataan fell during which time he literally threw hand grenades into the ocean to stave off invasionary forces. Mayor Pro Tern Cook requested that a policy be instituted in order to prevent the resultant outcome of creating a "monument row" in Huntington Central Park. Mayor Pro Tem Cook provided further reasoning including having the ability to add names to the monument. (12) December 4, 2000 - Council/Agency Minutes - Page 12 A motion was made by Garofalo, second Boardman to defer the item until January 2001 for a policy outlining criteria for commemorative monuments and an artist's rendering relative to this proposal using Urban Design Review Board guidelines. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Continued to a Date Uncertain — Formation of a Standing Committee to Research the Feasibility of a Redevelopment Study and Discuss with the South East Neighborhood Property Owners and At- Large Community Potential Alternatives to Redevelopment Funding for Area Improvements in the Vicinity of the ASCON Superfund Property/AES Generating Plant at Beach Boulevard, Hamilton Avenue, Magnolia Street and Pacific Coast Highway (400.20) The City Council considered a communication from the Economic Development Department transmitting the following Statement of Issue: The City Council of the City of Huntington Beach has previously reviewed the Southeast Coastal Industrial Area Redevelopment Feasibility Study report, dated October 5, 1999, in which it was demonstrated that this area be designated as a new redevelopment project area. Economic Development staff has prepared the necessary documents for the City Council to adopt a resolution designating this "redevelopment survey area" as the first step in considering establishment of the Southeast Coastal Project Area. Councilmember Boardman informed Council that she requested separate discussion of the item to inquire how much the consultant would be paid. Economic Development Director David Biggs responded that it would be around $170,000 or $180,000, to which Councilmember Boardman related her discomfort with the use of Redevelopment Agency funds. Considerable discussion held disclosed there was a concurrence among many Councilmembers who had attended a meeting with members of the South East Huntington Beach Neighborhood Association (SEHBNA) and other property owners, and that the community in general is not in support of designating the site as a Redevelopment Agency Project Area. Councilmember Garofalo pointed to the staff report where the consultant, RSG named the four fundamental goals being used as the rationale for the proposal. Councilmember Dettloff requested naming other financial tools that may be used to facilitate the implementation of various programs and plans for cleanup and remediation of certain properties relative to adopting the area into the city's Specific Plan including Robert London Moore's property, Mills Land and Water Company; the AES purchase of the power plant; and the Nesi- Ascon toxic waste dumpsite. Councilmember Dettloff expressed the concern that the public may hold out false hopes of alternative funding available other than Redevelopment Agency monies. Further discussion ensued regarding facilities in the area that are not mandated by law and will therefore not be considered for subsidization. Councilmember Garofalo inquired if the Redevelopment Agency has ever financed projects other than retail. Economic Development Director Biggs responded that the funding source has been used for industrial and commercial developments and in the rehabilitation of encyclopedia lots, as (13) December 4, 2000 - Council/Agency Minutes - Page 13 well as for stand-alone residential projects such as the Pacific Villas Condominiums, an affordable housing complex at Beach Boulevard and Talbert Avenue. Councilmember Green agreed that the area is in severe blight, and expressed his surprise that the residents do not see the opportunity for clean up, with Redevelopment Agency money being the only option. Mayor Julien Houchin stated that the item may have been prematurely agendized and agreed with City Administrator Silver that the formation of a permanent standing committee and not a rotating committee, as well as further dialogue with the SEHBNA are both in order. Mayor Pro Tern Cook expressed the opinion that she is more optimistic in the belief that realistic alternatives could be found without resorting to redevelopment, which she does not see as a viable answer. Mayor Pro Tern Cook stated that she would prefer to see the consultant dollars used instead for landscaping to ease the admittedly blighted state of the area. A motion was made by Garofalo, second Green to continue to a future date after the formation of a standing committee to meet with the South East Neighborhood Homeowners Association and other property owners in the community -at -large to discuss the feasibility of establishing a Redevelopment Agency Project Area and alternatives to redevelopment funding for area improvements. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Continued from November 20, 2000 - Approved Contract as Amended between the City and RBF Consulting for Professional Planning Services to Prepare Environmental Documentation and Remedial Work Plan for Cleanup of Closed Gun Range Site in Huntington Central Park — Directed Staff to Return with an Administrative Item Re: (1) a Better Definition of Site Reuse (Permanent and Temporary); (2) Adherence to Measure C Requirements; and (3) Determination Whether Open Space Deed Restrictions Prohibit Relocation of the Hanson Recycling Center (600.10) The City Council considered a communication from the Community Services Department and the Planning Department requesting to enter into a Professional Services Contract, in the amount of $130,553, with RBF Consulting for the preparation of an Environmental Documentation and a Remedial Work Plan for the closed gun range site. The City Council also considered the two following communications included in the agenda packet in response to the question raised by former Mayor Pro Tern Tom Hannan at the October 16, 2000 City Council meeting concerning the future of the Hanson Recycling Facility located in Central Park: Communication received in the City Clerk's Office on November 8, 2000 is included in the agenda packet. The communication is written to the Planning Department from the Community Services Department dated November 6, 2000 and titled Gun Range — Hanson Recycling Facility. Correspondence attached written to the City Administrator from the Public Works Director Beardsley dated October 25, 2000 and titled Retention of the Hanson Recycling Facility in Central Park. (14) December 4, 2000 - Council/Agency Minutes - Page 14 Councilmember Boardman requested that this item be pulled for separate discussion due to her concerns over a potential violation of Measure C requirements relative to the duration of the temporary location of the Hanson Recycling Center on the site of the former gun range. Councilmember Boardman referred to an e-mail she received from Mr. Jim Martin that the City Clerk had announced earlier in the meeting as a Late Communication. The communication dated December 4, 2000 transmitted Mr. Martin's objection to the item, requesting that it be pulled for further discussion. The communication is titled Item E-4 Contract for Consulting Services for Gun Range Cleanup & Reuse, and outlines the concerns expressed by Mr. Martin at the Public Comments portion of the meeting. Mayor Pro Tern Cook requested that staff investigate as to whether there is a deed restriction on the transfer property station along the premises. She also requested to find out the amount of the lease that the Hanson Recycling Center would be paying for the proposed temporary relocation. Councilmember Bauer reiterated the foregoing issues as cause for deferring the item, and added a further concern regarding the potential obligation by the previous tenant, the Police Officers' Association, of cleanup of the gun range due to lead contamination on the site. Community Services Director Ron Hagan clarified that lead residual from gun range use is considered normal "wear and tear" in the POA contract and that the city is responsible and can not bring litigation against the Police Officers' Association. Community Services Director Hagan informed Council that if the gun range site can not be used for temporary relocation, the city may have to terminate the recycling center operation that meets 20% of the recycling needs mandated by law. Community Services Director Hagan stated that the recycling facility is currently on the proposed site of the Huntington Central Park Sports Complex. Community Services Director Hagan clarified that the scope of work is for cleanup and remediation only, replying to an inquiry regarding other possible reuses of the property such as a dog park or a picnic area which would go back to Council for approval as they require a separate feasibility study and additional permits and environmental impact reports. A motion was made by Garofalo, second Dettloff to: 1. Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and RBF Consulting for the Preparation of Environmental Documentation and Remedial Work Plan for Reuse of the Former Gun Range in Huntington Central Park as amended to remove approval of relocation by the Hanson Recycling Center (see item 3(c) below) and 2. Authorize the Director of Planning to expend $150,000 to cover the contract cost of $130,553; and 3. Direct staff to return with an Administrative Item addressing (a) a more comprehensive definition of site reuse; and a (b) determination if adherence to Measure C requirements are satisfied; and (c) whether open space deed restrictions prohibit the relocation of the Hanson Recycling Center both addressing the concerns outlined in the Late Communication from Mr. Jim Martin dated November 6, 2000 and titled Gun Range — Hanson Recycling Facility, and (d) provide the lease amount on the Hanson Recycling Facility; and (e) an investigation if there is a deed restriction on the transfer station property on the premises. The motion carried by the following roll call vote: AYES: Green, Julien Houchen, Garofalo, Dettloff NOES: Boardman, Cook, Bauer ABSENT: None (15) December 4, 2000 - Council/Agency Minutes - Page 15 (City Council) Deferred from November 20, 2000 - Approved Amendment No. 1 to Lease Agreement Between the City and Alice Gustafson, DBA Breakfast in the Park in Huntington Central Park (600.35) The City Council considered a communication from the Administrative Services Department requesting Council to approve and authorize the Mayor and City Clerk to execute Amendment No. 9 to Lease Agreement between the City of Huntington Beach and Alice Gustafson, Doing Business as Breakfast in the Park. Councilmember Boardman requested the removal of this item from the Consent Calendar to inquire about concerns regarding the agreement relative to (1) the reason for the short lease term since it is her belief that the duration is usually for a ten-year period; 2) how much over the $20,000 the city would allow for a reduction in the lease; and (3) if the restaurant will be closed during maintenance and repairs. Community Services Director Ron Hagan responded that keeping the lease short keeps options open. Acting Administrative Services Director Clay Martin added that typically, food dispensing operations of this type have a five year lease term; but in the case of Alice's Breakfast in the Park renewing a two-year lease is important since the property may need reconstruction. He stated that this is a factor that has not yet been determined but is under consideration for The Park Bench Cafe as well as for the subject establishment. He further stated that if reconstruction does take place the agreement provides that the city will not be required to pay relocation costs due to the break given in the lease amount. After having ascertained that Alice's Breakfast in the Park is owned by the same person who in the past had been a pier concession owner, Mayor Pro Tern Cook stated that she would not support approval of a short duration of the lease. Mayor Pro Tern Cook informed Council that she is opting for the customary five year time period. Councilmember Bauer reminded Council that approximately a year ago he had submitted a request for staff to look at food dispensing establishments to optimize returns on city revenue. Councilmember Bauer suggested that Council ought to take advantage of the present situation to maximize that opportunity, remarking that the building is not viable for a food dispensing operation and is beyond repair, and cautioning against investing good money after bad. City Administrator Silver stated that his recommendation would be to approve the recommended action, stating that there is a contract signed by the property owner in agreement with all the conditions discussed. Councilmember Garofalo informed Council that what is missing is a comparison and a series of alternatives and inquired if the 24-month period of time required for the repairs can be amortized. A motion was made by Garofalo, second Green to defer the item for 30 days and have staff return with options to select for the site. The motion failed by the following roll call vote: AYES: Green, Garofalo, Bauer NOES: Boardman, Cook, Julien Houchen, Dettloff ABSENT: None (16) December 4, 2000 - Council/Agency Minutes - Page 16 Mayor Julien Houchen stated that she would not like to see "local character" to go out the door only to have a Mac Donald's move in, and would be opposing the motion. A motion was made by Boardman, second Julien Houchen to approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to Lease Agreement between the City of Huntington Beach and Alice Gustafson, Doing Business as Breakfast in the Park. The motion carried by the following roll calf vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff NOES: Bauer ABSENT: None (City Council) Adopted Resolution No. 2000-114 - Amendment to Non -Resident Library Card Fee to Exempt Non -Resident City Employees from Paying Non -Resident Library Card Fee (340.20) The City Council considered a communication from the Library Services Director transmitting the following Statement of Issue that in order for the nonresident city employees to be exempt from paying a $25 nonresident library card fee, the City Council must amend the nonresident fee resolution. Councilmember Bauer requested that the item be removed for separate discussion because he does not see the rationale for the request and considers it as discriminatory. He stated that it excludes other groups, such as senior citizens, preventing them from deriving the benefits of the waiver. City Administrator Silver responded that at times staff needs to check out library books for work. Library Services Director Ron Hayden reported that the Library Board fully supports the proposed amendment to the resolution. Councilmember Garofalo suggested that rather than waive fees, and to avoid dealing with the income stream, city employees should present their employee identification cards. A motion was made by Garofalo, second Green to request staff to determine if the ID cards can be legally used. Councilmember Cook informed Council that she is ready to approve the item, and does not have a problem with allowing city employees the small "perk" of waiving the nonresident fee. Councilmembers Garofalo and Green concurred to withdraw their respective motion and second on the table. A motion was made by Cook, second Dettloff to adopt Resolution No. 2000-114 - "A Resolution of the City Council of the City of Huntington Beach Amending Resolution No. 5159 Entitled 'A Resolution of the City Council of the City of Huntington Beach Establishing A City Fee Schedule' as to Services Offered Under the Library Services Department (Supplemental Fee Resolution No. 78) "which modifies the non-resident library card fee by exempting non- resident City employees from paying the non-resident library card fee. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff NOES: Bauer ABSENT: None (17) December 4, 2000 - Council/Agency Minutes - Page 17 (City Council) Approved Modification of Fourth of July Parade Route For Year 2001 to Include a Section of Pacific Coast Highway for Expansion - Approved Amendment to Budget Conditioned on Obtaining Title Sponsor by March 30, 2001 (960.30) The City Council considered a communication from the Community Services Department transmitting the following Statement of Issue that the City of Huntington Beach Fourth of July Executive Board is requesting approval to modify the parade route to include a section of Pacific Coast Highway in order to increase entertainment value and broaden marketing and sponsorship opportunities. Councilmember Bauer stated the opinion that the item needs further discussion to learn what has changed about this proposal that had come before Council last year. The proposal requests the expansion of the route by shutting down a portion of Pacific Coast Highway for the Fourth of July Parade. Councilmember Bauer to reminded Council that the event is the busiest day of the year in regard to impact on traffic. City Administrator Silver stated two reasons why the proposal was denied last year: 1) that the previous request came too late in the year to allow for additional police forces; and 2) the issue of the cost of the expansion. Upon City Administrator Silver's request, Acting Chief of Police, Captain Jim Cutshaw responded to Councilmember Bauer's first concern, stating that it has been mitigated since the city is prepared to garner the assistance of the County Sheriff's Department with minimal lead time. Captain Cutshaw informed Council that the present concern involves the issuance of permits for alcohol sales. Community Services Director Hagan reported that the approval of the request is contingent upon obtaining a title sponsor who will absorb any additional costs, thus mitigating Councilmember Bauer's second concern. Deliberation ensued over a timeframe for obtaining title sponsorship, after which Mayor Julien Houchen ascertained that March 30, 2001 met with the Councilmembers' approval, including that of Fire Chief Michael Dolder. A motion was made by Garofalo, second Dettloff to: 1. Approve as amended to include obtaining a title sponsor by March 30, 2001, the proposed parade route revisions for the 2001 Fourth of July Parade; and 2. Given that the Fourth of July Board is successful in obtaining a title sponsor by March 30, 2001, authorize staff to amend the Fourth of July 2001 budget by the revenue amount received from the title sponsor and the expense amount for the parade route change. Estimated title sponsorship revenue is between $100,000 and $150,000. Estimated additional parade route costs are between $15,000 and $30,000. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (18) December 4, 2000 - Council/Agency Minutes - Page 18 (City Council) Continued to a Date Uncertain for Appointment to be Made to the City Council Intergovernmental Relations Committee Council for Further Discussion on Position to be Taken by the City Council on Legislation Pending Before the Congress — HR 5535 - (Rohrabacher) - Enhancement and Restoration of Coastal Resources (4-2e-70) & Y a `1 ti The City Council considered the following recommendation by the City Council Intergovernmental Relations Committee regarding taking a position on pending legislation and authorizing the Mayor to send letters to the legislators indicating support of HR 5535 (Rohrabacher) to enhance and restore the coastal resources. (This bill establishes criteria and funding for several programs designed to protect and restore coastal resources including shoreline protection projects, beach nourishment, and monitoring of ocean conditions.) Councilmember Boardman requested removal of this item for separate discussion as she believes it premature for City Council to take a position on proposal legislation this early in the process. Councilmember Boardman informed Council that she spoke with a variety of people, and has concluded that what is being proposed may be questionable, since the construction of artificial reefs intended to nourish the ocean, could in and of itself cause pollution. Mayor Pro Tem Cook concurred that Council had insufficient information, stating that she called five representatives of environmental groups and had been informed that they did not believe there are co-sponsors on the bill as yet. Councilmember Garofalo stated that if there is no crisis -driven time the bill can be deferred. In response to City Administrator Silver's inquiry, Assistant City Administrator William Workman reported that the portion of HR 55-35 relating to artificial reefs can be removed, otherwise other cities may position for lobbying and receive the funding. Councilmember Dettloff offered that Congressman Rohrabacher's motion stems from that fact that eastern coastal states get most of the money. Councilmember Dettloff consented to wait, suggesting that a representative be named to discuss the bill with the I nterg ovem mental Relations Committee because it has merit. A motion was made by Dettloff, second Green to continue to a date uncertain for an appointment to be made to City Council Intergovernmental Relations Committee for further discussion of HR 5535. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None Councilmember Garofalo announced that Dana Rohrabacher's mother had recently passed away, and offered the Congressman's local office number to call to convey condolences. (19) December 4, 2000 - Council/Agency Minutes - Page 19 (City Council/Redevelopment Agency) Approved Closed Session Actions of November 20, 2000 Re: Coastal Commission Suspension Letter Related to CDP 97-15 as Properly Posted, Acted Upon and Reported Per Report of City Council -Redevelopment Agency Closed Session Action Delivered to City/Agency Clerk from the City Attorney/ Agency General Counsel— Direct City/Agency Clerk to Reflect Correct City Council Vote — Authorize City/Agency Clerk to Sign Deed Restriction if Returned by the County Recorder (120.80) r The City Council considered a communication from the City/Redevelopment Agency Clerk requesting the Council/Agency members to state Redevelopment Agency approval of the Settlement Agreement and the Open Space/Wetland Preservation and Restoration Deed Restriction. Action of the Agency is needed due to an error that was made on the Closed Session Document prepared for the November 20, 2000 agenda. The Closed Session Document was prepared and The Agenda officially posted as an Exception to the Ralph M. Brown Act (open meetings) for the City Council; however, City Council sitting as the Redevelopment Agency in closed session was inadvertently omitted. As this document and the posted official agenda were deficient it is necessary to remedy the procedure. The closed session vote on the agreement and deed was reported out incorrectly following the closed session. It is requested that the vote be corrected so the record of the meeting reflects the actual vote of 5 ayes, Harman, Garofalo absent, rather than 6 ayes, Garofalo absent. City Administrator/Executive Director Silver stated that he understood that the Settlement Agreement has been executed but not recorded. Silver invited City Attorney/Agency General Counsel Gail Hutton to comment. City Attorney/Agency General Council Hutton expressed her belief that the Brown Act requirements had been met relative to the legal posting and agendizing of the item. Hutton referred to points made in her Gate Communication that had been announced earlier by Brockway dated December 4, 2000 titled Agenda Item F-1 for Council/Agency Meeting of December 4, 2000: Closed Session Action by City Council) Redevelopment Agency on November 20, 2000. City Council/Redevelopment Agency Member Cook dissented; stating her belief that the item did not meet the exception to the Ralph M. Brown (Open Meetings) Act. Cook stated that the Settlement Agreement should not have remained a closed session item, rather it should have been presented in open session, following the decision in closed session that the city would not be pursuing litigation against the Coastal Commission. City/Agency Clerk Brockway clarified the City Council/Redevelopment Agency posting procedure, stating that the suspension letter had not been properly noticed on the official City Council/Redevelopment Agency posted agenda. Council/Agency member Bauer stated that he would support the recommendation set forth as the City Attorney/Agency General Counsel's memorandum. The City/Agency Clerk recommended that she be authorized to attest to the deed should the County Recorder return it for the Agency Certificate and to affix the Agency Seals. (20) December 4, 2000 - Council/Agency Minutes - Page 20 Council/Agency member Boardman inquired if the Settlement Agreement was appealable. Boardman stated that she is going to work to add language addressing proper buffers, screening of lighting and runoff. A motion was made by Council/Agency member and Bauer, second Dettloff to 1. Approve the City Attorney/Agency General Counsel's Recommended Actions set forth in the Late Communication dated December 4, 2000. (a) That the City Council and Redevelopment Agency find that their closed session actions on November 20, 2000 regarding the Coastal Commission Suspension Letter related to CDP 97-15 were properly posted, acted upon, and reported; and (b) That the City Council and Redevelopment Agency hereby confirm said closed session actions as more fully described in the Report of Closed Session Action delivered to the City/Agency Clerk from the City Attorney/Agency General Counsel on November 20, 2000.; and 2. Direct that the City/Agency Clerk prepare the minutes of the November 20, 2000, Council meeting to reflect the correct City Council vote of 5 ayes and 2 absent (Garofalo, Harman); and should the Council/Agency members desire the City Clerk to maintain said documents, a motion to that effect would be in order as Settlement Agreements approved in Closed Session need not be attested to by the City/Agency Clerk or maintained in the Office of the City Clerk, then: 3. Approve City Clerk/Agency Clerk to sign the deed restriction should it be returned to the City/Agency for such action. The motion carried by the following roll call vote: AYES: Green, Julien Houchen, Dettloff, Bauer NOES: Boardman, Cook ABSENT: None (Garofalo out of room) (City Council) Adopted Ordinance No. 3480 to Add HBMC §5.67 Pertaining to Non - Consensual Towing Services (Police Department Directed Towing) -- Adopted Ordinance No. 3481 to Amend HBMC §5.66 Removing Permitting Requirements for Non -Consensual Towing Services (530.30) - Ordinance No. 3480 - 'An Ordinance of the City of Huntington Beach Adding Chapter 5.67 to the Huntington Beach Municipal Code Relating to Non - Consensual Motor Vehicle Towing Service;" Ordinance No. 3481 - "An Ordinance of the City of Huntington Beach Amending Chapter 5.66 of the Huntington Beach Municipal Code Relating to the Motor Vehicle Towing Services." A motion was made by Green, second Bauer to adopt Ordinance No. 3480 and Ordinance No. 3481 after City Clerk read by title. The motion carried by the following roll call vote. AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Adopted Ordinance No. 3486 - Zone Change Northeast Corner of Cypress Avenue and Elm Street From RM (Medium Density Residential to CG (General Commercial) Zoning Map Amendment No. 00-03 Sub Area "C" (Public Hearing Held on 11/20/00) (450.20) - Ordinance No. 3486 -An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from RM (Medium Density Residential) to CG (General Commercial) on Real Property, Located at the Northeast Corner of Cypress Avenue and Elm Street (Zoning Map Amendment No. 00-03, Sub -Area C),,, (21) December 4, 2000 - Council/Agency Minutes - Page 21 A motion was made by Green, second Bauer to adopt Ordinance No. 3486 after City Clerk read by title. The motion carried by the following roll call vote. AYES: Green, Boardman, Garofalo, Dettloff, Bauer NOES: Cook ABSENT: None ABSTAIN: Julien Houchen (City Council) Adopted Ordinance No. 3489 - Zone Change - Southeast Corner of Yorktown Avenue and Florida Street - From (Medium Density Residential to CG (General Commercial) - Zoning Map Amendment No. 00-03 - Sub -Area "F" - (Public Hearing Held on 11/20/00) (450.20) - Ordinance No. 3489 - "An Ordinance ofthe City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from RM (Medium Density Residential) to CG (General Commercial) on Real Property Located near the Southeast Corner of Yorktown Avenue and Florida Street (Zoning Map Amendment No. 00-03, Sub -Area F);" A motion was made by Green, second Bauer to adopt Ordinance No. 3489 after City Clerk read by title. The motion carried by the following roll call vote. AYES: Green, Boardman, Garofalo, Dettloff, Bauer NOES: Cook ABSENT: None ABSTAIN: Julien Houchen (City Council) Adopted Ordinance No. 3490 Amending Chapter 2.111 of the H. B. Municipal Code Relating to the Public Works Commission to Change Appointment Policy Process from Majority Vote to Individual City Councilmember Vote (640.10) -Ordinance No. 3490 - 'An Ordinance of the City of Huntington Beach Amending Chapter 2.111 of the Huntington Beach Municipal Code Relating to the Public Works Commission" (A policy change in the process from appointment by a majority vote of the City Council to individual appointments.) A motion was made by Green, second Bauer to adopt Ordinance No. 3490 after City Clerk read by title. The motion carried by the following roll call vote. AYES: Green, Boardman, Cools, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None (City Council) Tabled to Ordinance No. 3491 Amending Huntington Beach Municipal Code 9.54 - Sleeping in Vehicles - (Defines Public Place) - (640.10) The City Council considered a communication from the City Attorney's Office requesting amendment of the current ordinance banning sleeping in vehicles in a public place to add a definition of "public place." Acting Police Chief Captain Jim Cutshaw informed Council that the only occasion in which he could not enforce the ordinance is when a vehicle is on private property. Captain Cutshaw stated that he had encountered sleeping in vehicles in "public view." (22) December 4, 2000 - Council/Agency Minutes - Page 22 Councilmember Bauer stated that he envisioned someone unable to pull off the road for a nap after having had too much to drink or while being too drowsy to continue driving. Councilmember Bauer stated that he is opposed to the ordinance as being too restrictive. Councilmember Boardman concurred, remarking that this ordinance would ban her from allowing guests to sleep in their camper in her driveway. Mayor Julien Houchen stated that she also could not support the amendment because it would make it illegal for residents having their home remodeled to live in their motor home on site. By unanimous consensus Ordinance No. 349 was tabled with no vote taken. Adjournment — City Council/Redevelopment Agency Mayor Julien Houchen adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:05 p.m. to Monday, December 18, 2000, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. E"W ' M City Clerk and ex-officio Cler bf 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 ayor-Chairman