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HomeMy WebLinkAbout2001-12-03Minutes City CounciURedevelopment Agency City of Huntington Beach 5:00 P.M. - Council Chambers Civic Center; 2000 Main Street Huntington Beach, California 92648 Monday, December 3, 2001 A videotape of this meeting is on file in the Office of the City Clerk. Call to Order Mayor Houchen called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in the Council Chambers. City Council — Redevelopment Agency Roll Call Present: Green, Boardman, Cook, Houchen, Garofalo, Dettloff Absent: Bauer Motion to Recess to Closed Session — Approved A motion was made by Boardman, second Cook to recess to Closed Session on the following items. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Houchen, Garofalo, Dettloff NOES: None ABSENT: Bauer Councilmember Bauer arrived during Closed Session. (City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with its designated representatives, Agency Negotiators: William Workman, Assistant City Administrator; William Osness, Personnel Director; Clay Martin, Director of Administrative Services; Richard Whitmore, Esq. of Whitmore, Johnson & Bolanos; and Steven M. Berliner, Esq. of Liebert, Cassidy and Frierson regarding labor relations matters — meet and confer with the following employee organizations: HBMEA, HBMEO, HBFMA, and Non -Associated. Subject: Labor Relations — Meet & Confer. (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 Ed Blackford v. Connie Brockway; Orange County Superior Court Case No. 01CC15111. Subject: Ed Blackford v. Connie Brockway. (120.80) (2) December 3, 2001 — Council/Agency Minutes — Page 2 Reconvened City Council/Redevelopment Agency Meeting — Council Chambers No Actions Taken Which Require a Reporting Pursuant to Government Code §54957.1(a) (3) (13)). Mayor Houchen asked City Attorney Gail Hutton if there were any actions taken by the City Council or Redevelopment Agency in Closed Session that required a reporting. City Attorney Hutton responded that there were no actions to report. City Council/Redevelopment Agency Roll Call Present: Green, Boardman, Cook, Houchen, Garofalo, Dettloff, Bauer Absent: None Flag Ceremony and Pledge of Allegiance — Fourth Grade Junior Girl Scouts, Troop 1405 from Grace Lutheran School. Co -Leaders Barbara Meinke and Robin Hollenbeck. Invocation - Dr. Ananda Guruge, Dean of Academic Affairs and Director, International Academy of Buddhism, Shi Lai University, Los Angeles and former Ambassador for Sri Lanka. (City Council) Mayor Pam Houchen Delivered the Annual State of the City Address (120.70) Mayor Pam Houchen presented a brief video program, which highlights her year as the Mayor. Presentation — By Mayor Pam Houchen, of souvenir Sea Cliff tiles to. the Council members, the City Clerk, City Treasurer, City Attorney and City Administrator. (160.40) Presentation — to Mayor Pam Houchen by Planning Commission Chair Connie Mandic; and from Assemblyman Tom Harman, a Resolution from the State Assembly (presented during the Public Comments portion of the meeting). (160.40) (City Council) Approved Election of Mayor Pro Tern Debbie Cook as the New Mayor for the Ensuing Year (620.30) The City Clerk called for a motion to elect the Mayor. A motion was made by Boardman, second Houchen to elect Cook as the Mayor. The vote carried unanimously by acclamation with all members present. The City Clerk is administered the Oath of Office to Debbie Cook the New Mayor. Presentation of the gavel by the outgoing Mayor, Pam Houchen to the new Mayor, Debbie Cook. (120.70) Presentation of a surfboard statuette and the "Ultimate Challenge" sculpture by Mayor Cook to outgoing Mayor Houchen. (120.70) (3) December 3, 2001 — Council/Agency Minutes — Page 3 (City Council) New Mayor Debbie Cook Presides (620.30) (City Council) Approved Election of Councilmember Ralph Bauer as the New Mayor Pro Tempore for the Ensuing Year (620.30) The City Clerk called for a motion to elect the Mayor Pro Tempore. A motion was made by Dettloff, second Green to elect Bauer as the Mayor Pro Tempore. The vote carried unanimously by acclamation with all members present. (City Council) Comments Made by Newly -Elected Mayor Debbie Cook (160.40) Mayor Cook spoke regarding her objectives, expressing the intent to continue to represent her constituents. Council, Staff and Audience Recess to Mayor's Reception in Meeting Rooms Adjacent to Council Chambers The reception was highlighted by homemade chocolate cake, baked compliments of the new Mayor, Debbie Cook. Reconvened City Council/Redevelopment Agency Meeting — Council Chambers — 7:20 P.M. City Council/Redevelopment Agency Roll Call Present: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman Absent: None Late Communication Pursuant to the Brown (Open Meetings Act), the City Clerk announced a Late Communication which pertained to an item on the agenda: PowerPoint slideshow presentation from the Public Works Department entitled Professional Services Agreement with Camp, Dresser & McKee, Inc. Public Comments Jim Kilroy spoke in opposition to the hours scheduled for the use of the Dog Park. Mr. Kilroy requested relocation of the park in order that more hours of use are available. Joey Racano congratulated the new Mayor, Debbie Cook and commended former Mayor, Pam Houchen on her service. Mr. Racano also commented on problems facing the city, including such as issues as the infrastructure, the loss of vehicle license fees, and what he considered to be high -density building at the beach. Norm Westwell displayed a public opinion survey website. Mr. Westwell explained that among its purposes is to enable citizens to create their own public opinion poll. Laura Garay spoke in favor of the relocation of the Dog Park to a site south of Slater Avenue, west of Gothard Street. (4) December 3, 2001 — Council/Agency Minutes — Page 4 Don McGee spoke in opposition to the Orange County Sanitation District's application for Federal Section 301(H) waiver of the Clean Water Act standards. (City Council) Motion Approved to Bring the Item Re: the Dog Park Forward on the Agenda (920.40) A motion was made by Cook, second Houchen to bring the Mayor Cook's item regarding the Dog Park forward on the agenda. The motion carried unanimously with all members present. (City Council) Directed Staff to Initiate Plans for an Alternate Site for Relocation of Huntington Central Park Dog Park and Accept Dog Park Foundation's Offer for Payment of Costs (920.40) The City Council considered a communication from Mayor Debbie Cook transmitting the following Statement of Issue: The revised hours that Council adopted for Dog Park have not satisfied either the Dog Park users or the residents on Lakepoint Lane. Staff has indicated they plan to bring a proposal to Council to have Council consider relocation of Dog Park to the former gun range site when the remediation cleanup of that site is complete. Given the approval process, the potential lengthy litigation, and the ultimate condition of this site after cleanup, it could be years before the Council cart consider this site for the Dog Park. In conversations I have had with staff, there is an alternative site within the master plan of Huntington Central Park that could be a potential site for Dog Park relocation. Staff has informed me that the process to consider this site would include amending the Huntington Central Park Use Master Plan through a public hearing at the Community Services Commission meeting, review by the Planning Department, and finally, City Council approval. The Dog Park Foundation has given staff a letter stating that they would pay the entire cost for the relocation. Consequently, I believe Council should give staff direction to begin this process immediately so a solution that would provide extended hours for Dog Park users and relocation away from a residential neighborhood can be accomplished before Daylight Savings time returns next Spring. Since this process requires more than four hours of staff time, it requires City Council action. Councilmember Green inquired as to what had been planned for the proposed alternative site for the Dog Park located south of Slater Avenue, west of Gothard Street. Community Services Director Ron Hagan responded that it is just a passive area with no intended use and described the location. Councilmember Bauer expressed the intent to issue a forthcoming Council memo proposing expanded hours of operation for the Dog Park. Community Services Director Hagan informed Council that he is confident that the proposed alternate site on Gothard Avenue does not require remediation; but that staff would do due diligence. Councilmember Boardman inquired relative to the lighting of the area during -evening hours, to which Director Hagan responded that the dark influences how late the park can stay open. Mayor Cook announced that she will pledge $200 towards the Dog Park relocation effort. (5) December 3, 2001 — Council/Agency Minutes — Page 5 A motion was made by Dettloff, second Garofalo to: 1. Direct staff to include in the agreement with the Dog Park Foundation, a provision directing the Foundation to pay for the entire cost of the relocation of Dog Park; and 2. Direct staff to process an amendment to the Huntington Central Park Master Plan for a public hearing at the Community Services Commission meeting; and 3. Direct staff to submit -the project for Planning Department review; and 4. Direct staff to return to Council no later than March 2002 for Council approval to relocate Dog Park. The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None (City Council) Public Hearing Opened and Continued from November 19, 2001 --Approved Zoning Tent Amendment No. 01-07 (Coastal Development Permit Appeal Language) — Approved Introduction of Ordinance No. 3517 Amending Huntington Beach Zoning Code §245.32 — Directed Staff to Report on Types of Entitlements Granted on Coastal Development Permits (450.20) Mayor Cook announced that this was the time scheduled to consider the following public hearing continued -from November 5, 2001 to consider the following: Applicant: City of Huntington Beach. Request: To amend Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance relating to direct appeal to the California Coastal Commission for any Zoning Administrator, Planning Commission, or City Council action within the appealable areas of the coastal zone. Location: Appealable areas of the coastal zone. Environmental Status: Notice is hereby given that Zoning Text Amendment No. 01-07 is categorically exempt from the provisions of the California Environmental Quality Act. A memo from the City Clerk is included in the agenda packet. A PowerPoint slide presentation titled Zoning Text Amendment 01-07— Appeal Procedures for Coastal Development Permits is included in the agenda packet. Planning Director Howard Zelefsky reported oral report, explaining the purpose of the amendment is to clean up the language in the Zoning and Subdivision Code and avoid confusion. Councilmember Boardman inquired of staff as to the likelihood that an appeal on a Coastal Development Permit (CDP) will bypass the City Council review level and be decided by the Coastal Commission. Planning Director Zelefsky responded that an appeal for a CDP is typically accompanied by an appeal for a Conditional Use Permit (CUP), and therefore would be brought before the City Council. Director Zelefsky stated that to the best of his recollection, he could not identify an instance contrary to the above situation. (City Council) Report Requested Re: Coastal Development Permits (420.80) After considerable discussion, Councilmember Boardman requested the Planning Director to forward a report on the type of entitlements subject to the Coastal Development Permit process and a list of such entitlements issued by the city in the past. (6) December 3, 2001 — Council/Agency Minutes — Page 6 Mayor Cook declared the public hearing open. There being no persons to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Garofalo, second Dettloff to 1. Approve Zoning Text Amendment No. 01-07 with Findings for Approval (Attachment No. 3 to follow"); and 2. Approve introduction of Ordinance No. 3517 after reading by title - "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Section 245.32 Thereof Relating to Appeals of Coastal Development Permits. "(Attachment No. 1); and 3. Approve, as amended to direct the Planning Director forward a report on the type of entitlements given on Coastal Development Permits. The motion carried by the following roll call vote: AYES: Green, Boardman, Cook, Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None *Suggested Findings for Approval Zoning Text Amendment No. 01-07 Suggested Findings for Approval — Zoning Text Amendment No. 01-07: Zoning Text Amendment No. 01-07 amending Chapter 245.32A of the Huntington Beach Zoning and Subdivision Ordinance by revising language that addresses direct appeal to the Coastal Commission for any Zoning Administrator, Planning Commission, or City Council action within the appealable area of the coastal zone is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The revised ordinance will provide more clear and consistent appeal procedures throughout the Zoning and Subdivision Ordinance. 2. The amended ordinance is compatible with the uses authorized in, and the standards prescribed for the zoning district for which it is proposed. The revised ordinance applies to all properties located within the appealable area of the Coastal Zone that is subject to a coastal development permit. The amendment clarifies the appeal language in order to provided a better public service to the residents of Huntington Beach. 3. A community need is demonstrated for the change proposed. The amendment to the ordinance will better.accommodate the city and the public by clarifying confusing appeal language within the Zoning and Subdivision Ordinance. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The revised ordinance will result in the city's ability to provide clear and consistent language within the Zoning and Subdivision Ordinance and ensure quality design and development within the coastal zone. Consent Calendar — Item Removed for Separate Discussion The following item was removed from the Consent Calendar for separate discussion: (City Council) Resolution No. 2001-94 — Approving Local Coastal Program Amendment No. 01-02 and Transmittal to the California Coastal Commission for Certification (420.85) (7) December 3, 2001 -- Council/Agency Minutes — Page 7 Consent Calendar — Items Approved On motion by Dettloff, second Bauer, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None (City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency Regular Meetings of November 5, 2001 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (City Council) Accepted the Gothard Street Public Improvements and Authorized Reimbursement to PLC Land Company Pursuant to the Holly-Seacliff Development Agreement — Approved Appropriation and Expenditure of Funds (600.10) —1. Authorized the Director of Finance to appropriate and expend funds in the amount of $250,000 from Account No. 206.31110 to Account No. 20685201.82300 (Traffic Impact Design/Construction); and 2. Accepted the Gothard Street improvements and authorized the reimbursement to PLC land Company in the amount of $250,000; and 3. Instructed the City Clerk to notify the developer, PLC Land Company, of this action; and 4. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. Submitted by the Public Works Director. Funding Source: Funds in the amount of $250,000 must be appropriated from the Traffic Impact Fee fund balance account to Account No. 20685201.82300 (Traffic Impact Design/ Construction). (City Council) Adopted Resolution No. 2001-94 — Approving Local Coastal Program Amendment No. 01-02 and Authorized Transmittal to the California Coastal Commission for Certification (420.85) Councilmember Boardman requested the above -captioned item be removed from the Consent Calendar for separate discussion.. She expressed her concerns regarding the percentage of the in -lieu fee as being only 60% of the fair market value. Councilmember Boardman spoke relative to the definition of Ordinance No. 3455 — Zoning Text Amendment 99-2 Small Lot Developments. Following discussion, a motion was made by Dettloff, second Bauer to 1. Approve Local Coastal Program Amendment No. 01-02 by adopting Resolution No. 2001-94 — "A Resolution of the City Council of the City of Huntington Beach Adopting Local Coastal Program Amendment No. 01-02 and Requesting its Certification by the California Coastal Commission;" and 2. Direct that said resolution be forwarded to the California Coastal Commission for certification. Submitted by the Planning Director. Funding Source: Not Applicable. (1) Ordinance No. 3455 - ZTA 99-2 Small Lot Development Standards (2) Ordinance No. 3468 - ZTA 99-4 Park and Recreation In -Lieu Fees (3) Ordinance No. 3494 - ZTA 01-01 Single Room Occupancy (4) Ordinance Nos. 3464, 3465, 3466 - ZMA 99-4 — w/s of Huntington Street; 704-732 Clay Avenue; 21280 Beach Blvd. (5) Ordinance No. 3489 - ZMA 00-3 — 712 Yorktown Avenue.) The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Houchen, Green NOES: Cook, Boardman ABSENT: None (8) December 3, 2001 — Council/Agency Minutes — Page 8 (City Council) Approved Grant Agreement between the City and the Huntington Beach Conference & Visitors Bureau, Inc. (HBCVB) for Fiscal Year 2001/2002 — Directed Staff to Prepare: (1.) Report Re: Availability of Funding with Amendment to Consider Alternatives to Transient Occupancy Tax (TOT) Revenue Funding and (2.) Contract to Retain HBCVB President as a Contractor for the City - Approved as Amended to Direct Staff to Return to Council in March 2002 with HBCVB Bookkeeping Records for Council Review and with Tourism Master Plan (600.10) The City Council considered a communication from the Economic Development Director regarding the Fiscal Year 2001-02 city budget which includes a $200,000 allocation for the Huntington Beach Conference & Visitors Bureau (the Bureau). A Grant Agreement is presented for approval to contractually commit the funds to the Bureau and to define the relationship between the Bureau and the city. The proposed 2001/02 Grant Agreement has been modified from prior years to provide for additional management and oversight by the city of the funds provided to the Bureau. In order to increase the level of oversight by the city, staff is proposing that the President of the Bureau be a contractor of the city, reporting to the Director of Economic Development, and assigned by the Director to work with the HBCVB Board of Directors to implement the work program set forth in the attached proposed Grant Agreement. Economic Development Director David Biggs introduced and furnished the credentials of Doug Traub, who replaced Diane Baker as the President of HBCVB, upon her retirement. Councilmember Boardman ascertained from Director Biggs that the marketing plan is the scope of work, after which she expressed concern that said scope of work does not appear to indicate any measurable goals and objectives. Councilmember Boardman inquired if Council will have an opportunity to review the HBCVB bookkeeping records. Director Biggs responded that they can be made available at the conclusion of January 2002. Councilmember Garofalo stated the belief that the city is entering into a new phase in the development of tourism, and spoke relative to its contribution to the overall income stream. He announced his intent to make a motion and direct staff to develop a Tourism Master Plan that takes into account alternatives for funding other than Transient Occupancy Tax (TOT), bed tax revenue. City Administrator Silver responded that staff will return to Council in March 2002. A motion was made by Garofalo, second Green to: 1. Approve and authorize execution by the Mayor and City Clerk of the attached Grant Agreement between the City of Huntington Beach and the Huntington Beach Conference and Visitors Bureau for Public Relations Services for Fiscal Year 2001/02; and 2. Direct staff to make a report back to the City Council before the start of the 2002/03 fiscal year as to the availability of additional funds to increase the level of financial support to the Bureau above the $200,000 currently budgeted; and 3. Direct staff to prepare a contract for approval by the City Council to retain the President of the HBCVB as a contractor of the City, and designate that person, working with the Director of Economic Development, to implement the programs included in the Grant Agreement; (6) December 3, 2001 — Council/Agency Minutes — Page 9 and 4. Approve as amended, to direct staff to return to Council after January 2002 with HBCVB bookkeeping records; and 5. Approve as amended, to direct staff to develop a Tourism Master Plan with measurable goals and objectives, which includes the consideration of funding alternatives to the Transient Occupancy Tax (TOT) revenue. (City Council) Approved a Professional Services Contract between the City and Camp, Dresser & McKee, Inc. for Citywide Water Quality Management Plan, Master Plan of Drainage and Geographic Information/Global Positioning Systems (GISIGPS) Work, CC-1168 (600.10) The City Council considered a communication from the Public Works Director informing Council that State grant funds have been authorized for the development of a city-wide Water Quality Management Plan (WQMP), Master Plan of Drainage (MPD), GIS (Geographic Information System) and GPS (Global Positioning System) work. A professional services contract with Camp, Dresser & McKee, Inc is recommended. The staff report further sets forth that the WQMP will improve the city's ability to manage and track the quantity and quality of non -storm water discharges (dry weather urban runoff) generated within the city. The WQMP will encompass a revised City MPD and a GIS data collection component. This component will provide the city with a powerful, comprehensive plan to enhance current efforts to reduce polluted urban runoff in coastal waters. Funds in the amount of $610,820 are budgeted from the $4 million Water Quality Grant Fund, Water Quality Master Plan Account. Environmental Engineer Geraldine Lucas presented the PowerPoint report that had been announced earlier by the City Clerk as a Late Communication. Councilmember Dettloff commended the work of staff on water quality Issues. She expressed her belief that the adoption of the WQMP will result in a less onerous relationship with the Water Quality Control Board. Councilmember Dettloff informed Council that Huntington Beach is one of the few cities in the County that is working toward establishing a Coastal Development Permit Process for the treatment of water. Councilmember Bauer informed Council that the WQCB will meet on December 19, 2001. Councilmember Green ascertained from Public Works Director Beardsley that staff will be in attendance. He spoke relative to the importance of the meeting relative to setting the water quality standards. A motion was made by Green, second Garofalo to: 1. Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and Camp, Dresser & McKee, Inc. for Preparation of the City -Wide Water Quality Management Plan (CC-1 168);" and 2. Authorize the Director of Public Works to expend up to $660,820 to cover contract costs of $610,820 and an estimated contingency of $50,000. The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None (10) December 3, 2001 — Council/Agency Minutes — Page 10 (City Council) Adopted Ordinance No. 3519 — Approves Levying Special Taxes within the City of Huntington Beach Community Facilities District 2000-01 — Grand Coast Resort — Hyatt Regency Huntington Beach Resort & Spa — (PCH Beach Resort, LLCIR.L. Mayer Management, Inc. (640.10) After the City Clerk read by title, a motion was made by Green, second Garofalo to adopt by roll call vote, Ordinance No. 3519 —An Ordinance of the City of Huntington Beach Levying Special Taxes within the City of Huntington Beach Community Facilities District No. 2000-01 (Grand Coast Resort). "The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None Adjournment — City Council/Redevelopment Agency Mayor Cook adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach. to Monday, December 17, 2001, at 5:00 p.m., in Room B-8, Civic Center,_2000 Main Street, Huntington Beach, California. City Clerk and ex-officio Clerly6f the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: doow'� OW'4(wa�t— NA'm City Clerk -Clerk ayor-Chairman