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HomeMy WebLinkAbout2001-12-17Minutes City Council/Redevelopment Agency City of Huntington Beach 5:00 P.M. - Room B-8 7:00 P.M. - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, December 17, 2001 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 Cook called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. Council/Redevelopment Agency Meeting Roll Call Present: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman Absent: None (City Council/Redevelopment Agency) Study Session - Presentation Made by the Community Services Department on the South Beach Phase II Master Plan (Purkiss- Rose, RSI) Including the Public Art Components and Status Report on the Entitlement Process and Construction Timeline (600.10) Community Services Director Ron Hagan, Community Services Deputy Director Jim Engle, and the Purkiss-Rose, RSI consultant group presented status reports on the entitlement process and construction timeline for the South Beach Phase II project. The oral presentations were illustrated by a wall display of preliminary site plan drawings, elevations, and public art renderings, which were also distributed in booklet form at the meeting as a Late Communication titled South Beach Phase 11 Preliminary Site Plan from I" Street to Huntington Dr. - Huntington Beach, CA. Community Services Director Hagan informed Council that the South Beach Phase II construction project is well underway. He stated that that there are two issues before Council: 1) the request for Council direction; and 2) approval of wildlife and nautical themes. Director Hagan emphasized that the purpose of the study session is to present the status of works -in - progress, as they are solely conceptual, and therefore, open to Council revision. Deputy Community Services Director Engle described preliminary plans and conceptual renderings, including the following: 1. A starfish design on the hardscape flanked by palm trees (located adjacent to the Jack's - at -the Beach concession stand); (2) December 17, 2001 - CouncillAgency Minutes - Page 2 2. A wave design with palm trees near the Junior Lifeguard station, which was stated is a large gathering area for the public; 3. A seahorse design in the same Junior Lifeguard station site. It was mentioned that said marine fish is not indigenous to the area, but the point is the conception; that it could easily accommodate a whale design. Director Hagan spoke relative to pedestrian circulation. He directed Council's attention to a viewpoint area along Pacific Coast Highway, stating that since it is on higher elevation than the beach, it creates a tourist attraction providing a good vantage area. Director Hagan pointed out the Vincent G. Moorhouse area as creating a stage for an art element to be placed in the middle. He presented the staff recommendation of placing four columns with etched pelicans in flight, stating that it is a scene out of nature. Discussion was held relative to the ADA (American Disabilities Act) legal requirement of the design recommended by the artist in consideration of the wheelchair -accessible ramp area. CouncOmember Garofalo noted the design trend from the abstract to realism as a move in the right direction. Discussion ensued on the greenbelt and amphitheater areas. Mayor Cook ascertained from the Community Services Director that the meeting is being held for the intended purpose of receiving Council direction only, and not to request a Council decision at this time. The treatment with a mural of the elevated viewpoint point area described earlier was discussed, centering on the consultant, Purkiss-Rose and the artist's roles in the design. The need was emphasized for the conceptual plans to be consistent with the guidelines set forth by the Traffic Engineering Division. Councilmember Houchen expressed concern with safety issues relative to the wheel -chair accessible ramp area. Staff provided Council with the following tentative entitlement process and construction timelines: Spring 2002 — Entitlement processing; Summer 2002 —Advertising bids; and Fall 2002 - Commence work (after obtaining lifeguard station renderings). Staff proposed to keep the beach parking lot open. Discussion ensued regarding the Recreational Vehicles lot and the plan to maximize capability for hookups, (currently at 48 spaces) as a source of additional income revenue for the city. Councilmember Boardman stated her approval of the wildlife theme, but expressed uncertainty over the use of the seahorse motif, as that marine life is not indigenous to the area. Councilmember Boardman inquired why the palm tree is ubiquitous. Director Hagan replied that it does not block views and is easy to maintain; and Deputy Director Engle added that a certain number is required by code. (3) December 17, 2001 - Council/Agency Minutes - Page 3 Motion to Recess to Closed Session — Approved A motion was made by Garofalo, second Houchen to recess to Closed Session on the following items. The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None 1. (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, HBPOA, MSOA, and Non -Associated. Subject: Labor Relations — Meet & Confer. (120.80) 2. (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 Butler v. City of Huntington Beach, et all; U.S. District Court Case No. SACV 96-517. Subject: Butler v. City of Huntington Beach, et al. (120.80) 3. (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 titles of the litigation are Shell Chemical Company, et al. v. The County of Los Angeles, et al.; U.S. District Court Case No. 00-01917 MRP (MANx); and Phillips Petroleum Company, et al. v. County of Los Angeles, et al.; U.S. District Court Case No. 00-1938 MRP (MANx). Subject: Shell Chemical v. The County of L.A. and Phillips Petroleum v. County of L.A. (120.80) 4. (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 Bonita Hibbs v. City of Huntington Beach; Workers' Comp Case Nos. AHM 0080063 and AHM 0080151; City Claim Nos. COHB — 99-0099, 99-0130 and 00-0052. Subject: Bonita Hibbs v. City of Huntington Beach. (120.80) Reconvened City Council/Redevelopment Agency Meeting - 7:00 P.M. - Council Chambers No Actions Taken Which Require a Reporting Pursuant to Government Code §54957.1(a) (3) (B)). Mayor Cook 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. (4) December 17, 2001 - Council/Agency Minutes - Page 4 City Council/Redevelopment Agency Roll Call Present: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman Absent: None Flag Ceremony and Pledge of Allegiance — Boy Scout Troop 1226, Huntington Beach. Leader Janet Johnson. Invocation — Pastor Carl E. Zimmerman, Resurrection Lutheran Church, Huntington Beach. City Clerk Announced Late Communications Which Pertain to Items on the Agenda Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced the following Late Communications regarding agenda items that had been received following distribution of the agenda: Slide show presentation dated December 17, 2001 from Department of Public Works entitled Orange County Sanitation District — Bushard Trunkline Project. Slide show presentation dated December 17, 2001 from Shari Freidenrich, City Treasurer titled Treasurer's Report. Slide show presentation dated December 17, 2001 from Shad Freidenrich, City Treasurer titled Investment Policy 200112002. Slide show presentation submitted by the Planning Department to the City Clerk's Office on December 17, 2001 titled Sunrise Assisted Living — Sunrise Development, Inc. — General Plan Amendment No. 01-01, Zoning Map Amendment No. 01-02. Slide show presentation submitted by the Fire Department to the City Clerk's Office on December 17, 2001 titled Huntington Beach Fire Department — Adoption of New Fees. Communication dated December 17, 2001 from the Economic Development Department transmitting a slide show presentation (slide show presentation titled Bowen Court Senior Apartments — Request for Approval of the DDA Amendment, Lease Agreement, and Building Fee Agreement). Communication titled Late Communication for Agenda Item D-3. PowerPoint slide report and pamphlet from the Communications Director titled Huntington Beach Infrastructure Improvement Program — Rebuilding for the 21' Century. Communication dated December 17, 2001 from the Economic Development Department transmitting a slide show presentation (slide show presentation titled Request for Redevelopment Agency & City Council Approval of an Affordable Housing Covenant for 17201 Ash Street). Communication titled Late Communication for Agenda Item F-4. (5) December 17, 2001 - Council/Agency Minutes - Page 5 Presentation — To Mayor Debbie Cook and City Council, from Diana Casey, CO -Chairs for the Board of Directors of the HB Art Center Foundation, a check in the amount of $35,000 to support the Art Center Fund. Present at the presentation will be Ron Hagan, Director, Community Services; Michael Mudd, Manager, Cultural/Historic Events Services Division; and Kate Hoffman, Art Center Director. Park, Trees & Landscape Maintenance Supervisor, Jim Jones was commended for making the presentation possible due to his work at the Equestrian Center. (160.40) Presentation — By Mayor Debbie Cook and the Huntington Harbour Philharmonic Committee, of $15,100 to be distributed to twelve Huntington Beach Schools for their music programs. (160.40) Dwyer Middle School Harbour View Middle School Hebrew Academy Hope View School Huntington Beach High School Marina High School Marine View Middle School Mesa View Middle School St. Bonaventure Agnes L. Smith School Village View School Sea Cliff School Mr. Duane Cox, Principal Mrs. Roni Lee Ellis, Principal Mrs. Nancy Field, Principal Mr. Dan Moss, Principal Dr. Frank Berry, Principal Greg Gilbo, Musical Director Dr. Carol Qsbrink, Principal Victor Rodriguez, Director of Music Mrs. Elizabeth Williams, Principal Mrs. Lyn Silver, Musical Director Mr. Lon Hyland, Principal Sister Carmel Lynch, Principal Mrs. Jakinpowski, Musical Director Mr. Mike Andrzejewski, Principal Mrs. Anna Dreifus, Principal Mrs. Kester, Music Teacher Mrs. Ann Sullivan, Principal Mayor's Award — to Alicia M_ Wentworth, City Historian, City of Huntington Beach. The City Clerk informed everyone that Ms. Wentworth is a former City Clerk and as the Council - appointed historian, has volunteered her time to the city nearly every Friday for 14 years, to meet with and assist the community. The City Clerk announced that a book titled Images of America — Huntington Beach was dedicated to Ms. Wentworth by the publisherfauthor Chris Epting for her major contributions towards the compilation of photographs of old Huntington Beach. (120.70) (6) December 17, 2001 - Council/Agency Minutes - Page 6 (City Council) Councilmember Dettloff Announced the Impending Arrival of Visitors to the City from Sister City: Anjo, Japan (150.30) Councilmember Dettloff announced that the city will soon be receiving visitors from the Sister City Anjo, Japan. She extended an invitation to those in the community who would be interested in providing a place for these visitors to stay to call the Community Services Department at 714-536-5486. (City Council) Announcement of Promotion to Lieutenant of Janet Perez, the Presiding Sergeant -at -Arms at the Council Meeting (120.70) Mayor Cook announced that this evening would be the last Council meeting at which Officer Janet Perez would preside as the Sergeant -at -Arms. The Mayor congratulated former Sergeant Perez on her promotion as the first female Lieutenant for the City of Huntington Beach. Mayor Cook informed Council that Officers Gary Meza and Ed Kennedy will be holding Lieutenant Perez's former position at the City Council meetings. (City Council) Presentation and Construction Briefing Given by the Orange County Sanitation District Re: the Bushard Street Trunk Line Sewer Project (1020.70) David Ludwin, Director of Engineering at the Orange County Sanitation District (OCSD) presented the PowerPoint report titled Orange County Sanitation District — Bushard Trunkline Project, which had been announced earlier as a Late Communication by the City Clerk. Mr. Ludwin spoke regarding the upcoming Bushard Trunk Sewer Project along Bushard Street within the city limits, describing the existing line and the realignment. Mr. Ludwin outlined OCSD's public outreach awareness program and impacts of the project, which he stated will be significant to the public. He informed Council that the method to be used is a trench -type excavation using very large construction equipment that will require streets to be closed in quarter mile to half mile segments. Mr. Ludwin accompanied his report with a handout titled Answers to Questions about ... Bushard Trunk Sewer Replacement, which was distributed to Council and announced by the City Clerk as a Late Communication. The City Council ascertained from Mr. Ludwin that weekend work is not anticipated for the completion of the project. Public Comments Carol Settimo, Council on Aging representative, spoke regarding the Special Holiday Meal Program for seniors who will be alone on the holidays. Ms. Settimo informed Council that Norm's'Restaurant is preparing the meals, and named several community organizations for their donations. Robin Rustan expressed his concern regarding what he believe's a water quality control issue existing in the city, and its ill effects on the health of surfers. Mr. Rustan stated his opposition to the Federal Section 301(H) waiver being granted to the Orange County Sanitation District. (7) December 17, 2001 - Council/Agency Minutes - Page 7 Joey Racano, Ocean Outfall Group member, concurred with the last speaker in his objection to the Federal Section 301(H) waiver. Mr. Racano requested the appointment of Mayor Cook to serve as the Council liaison to the Orange County Sanitation District. Jan Vandersloot, Founder/Director of the Ocean Outfall Group, stated his opposition to what he perceives to be a lack of commitment to get rid of the Federal Section 301(H) waiver. Mr. Vandersloot spoke in favor of appointing the Mayor to represent the city on the Orange County Sanitation District Board. Joe Pak, representative of SBC-Pacific Bell, spoke in opposition to the agenda item relative to Assembly Bill, AB 1150 (Firebaugh), as being detrimental to consumers. Dave Sullivan, HB Tomorrow President, expressed his concern regarding the agenda item regarding Council appointments. Former Councilmember Sullivan stated it would be a negative and historical impact on City Council rules and protocol, if the Mayor's prerogative to make appointments is waived. Al Bell, Infrastructure Advisory (IAC) Committee representative, speaking on behalf of IAC Chair, Dick Harlow and Vice -Chair, Mary Urashima urged Council approval of the Infrastructure Improvement, Public Education Program agenda item. Mark Dixon, American Massage Therapy Association member, spoke in opposition to the ordinance relative to requiring massage therapists to be tested for venereal diseases. Mr. Dixon distributed material to the Councilmembers. Steve Gullage, Huntington Beach Renters representative, stated his opposition to Measure EE on the March 5, 2002 Municipal Election ballot which would amend the City Charter to prohibit rent control on mobilehomes. He spoke regarding what he believes would be its effect on affordable housing. Mr. Gullage cautioned that if said ballot measure were to pass, the city will lose its rights to affordable housing covenants. John Jankowski, retired senior legislator, State senator and senior advocate, spoke in opposition to the property rights proposed Charter Amendment on the March 5, 2002 Special Municipal Election ballot. Mr. Jankowski read statistics on rental increases charged by mobilehome parks and spoke regarding the demographics of mobilehome park residents. Cynthia Ribiero informed Council of her credentials as a massage therapist. She spoke regarding how professional development and ethics is paramount in the massage therapy field. Ms. Ribiero spoke regarding the profession's concern for public safety. She distributed material to Council. Leora Fellus, member of the Western Institute of Neuro-Muscular Therapy and the American Massage Therapy Association, spoke regarding matriculation towards the career development of massage therapists. Mayor Cook urged the public speakers to meet with the Mayor and Councilmembers regarding their concerns. She stated it is very possible that citizen's concerns can be resolved through meeting with the Councilmembers in the Council Offices. (8) December 17, 2001 - Council/Agency Minutes - Page 8 Matthew Famolaro requested trees to be trimmed in the vicinity of 3rd Street and Orange Avenue so as not to cause injury, Mr. Famolaro stated he has filed a claim for damage to his car. (City Council) Approved the Environmental Board's Shipley Nature Center Council Committee Recommendations Re: the Use of Proceeds from the Sale of Non -Native Palm Trees (920.60) The City Council considered a communication from Mayor Debbie Cook and Councilmember Shirley Dettloff, Council Liaisons to the Shipley Nature Center Council Committee of the Environmental Board. The communication informed Council that the Shipley Nature Center Council Committee has found a buyer for several non-native palm trees in the Nature Center. The Council Committee is now engaged in a program for redesigning the various habitat areas found at Shipley and is doing all of this work through grants. Currently, much of the non-native specimens found at the Nature Center are being removed through the efforts of the California Conservation Corporation. The Subcommittee became aware that there were several palms that landscapers were interested in buying. We have a landscaper who wishes to purchase these trees and remove them. It is appropriate for the money to be used for additional work at the Nature Center since we will need funding for non-native plant removal and the design of habitat areas that reflect Southern California habitats. Councilmember Dettloff delivered an oral report. She spoke regarding the maintenance needed at the Shipley Center. In response to Council's inquiry, Public Works Director Beardsley estimated that the city would receive $1,000 per tree for 30 trees. A motion was made by Dettloff, second Garofalo to request approval from Council that the money obtained from the sale of these trees remains at Shipley Nature Center so that the work already started can continue. It will be used to rent a chipper for the non -natives and the design of a Master Plan for Shipley Nature Center. The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None Council unanimously concurred, with no members absent, to bring forward the following item from Councilmember Green: (City Council) Request Withdrawn by Councilmember Peter Green for Reappointment as Council Liaison for the Orange County Sanitation District (OCSD) Board (120.20) The City Council considered a communication from Councilmember Peter Green transmitting a memorandum to Council dated November 26, 2001 titled Orange County Sanitation District Update and requesting reappointment to the OCSD for the upcoming year. Councilmember Green addressed the concerns of public speakers and summarized the issues. He spoke regarding his credentials as a Council liaison on the Orange County Sanitation District (OCSD) Board. Discussion ensued relative to the Council Committee appointment process. (9) December 17, 2001 - Council/Agency Minutes - Page 9 Mayor Cook provided her qualifications relative to serving on the OCSD Board. The motion made by Boardman, second Houchen to take a "no" vote on Councilmember Green's request, was withdrawn by the maker of the motion and the second. Councilmember Green withdrew his request. (City Council) Approved Council Committee/Council Liaison Appointments and the Formation of a New Water Quality Management Plan City Council Committee (120.20) The City Council considered a communication from Mayor Debbie Cook transmitting an updated listing of City Council Liaison Appointments for 2002 and sets forth the following: Attached is the final listing of Council Liaison and Council Committee member assignments for the upcoming year for Council approval. As part of this year's appointments, I would also like to form a new council committee in support of the City Wide Water Quality Management Plan. A motion was made by Garofalo, second Bauer to 1. Approve the Council Liaison and Committee Assignments as shown in Attachment No. 1 titled City of Huntington Beach — Citizen Boards, Commissions, Committees, and Task Forces (Citizen Members Appointed by City Council Action); and 2. Establish a City Wide Water Quality Management Plan City Council Committee and approve the appointments of Mayor Pro Tem Ralph Bauer, City Councilmember Shirley Dettloff and Mayor Debbie Cook. The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None (City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's October 2001 Report, City of Huntington Beach Summary of City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity (310.20) The City Council considered a communication from City Treasurer Shari Freidenrich transmitting the Monthly Investment Report for October 2001. City Treasurer Freidenrich presented the PowerPoint slide report which had been announced as a Late Communication by the City Clerk. A motion was made by Garofalo, second Dettloff to review and accept the monthly -report. Following review of the report, by motion of Council, accept the Monthly Investment Report Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for October 2001, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach_ The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None (10) December 17, 2001 - Council/Agency Minutes - Page 10 (City Council/Redevelopment Agency) Adopted Council Resolution No. 2001-96 and Agency Resolution No. 328 — Approving and Adopting the 2001/2002 Investment Policy — Requested City Treasurer to Review Section S.14.0 of the Investment Policy to Analyze the 50% and 60% Cap Amount Figures of the Total Investment Portfolio (310.20) The City Council considered a communication from the City Treasurer informing Council/Agency that the Agency shall render an Annual Statement of Investment Policy to the legislative body for acceptance. The City Treasurer, with the assistance of the Investment Advisory Board, has prepared an updated investment policy. City Treasurer Freidenrich delivered the PowerPoint presentation that had been announced by the City Clerk as a Late Communication. The City Treasurer responded to Council inquiries in reference to Page No. C-3b.18 of the staff report under the heading titled Diversification, relative to the 60% cap of the total investment portfolio. A motion was made by Garofalo, second Dettloff to: 1. Approve and adopt City Council Resolution No. 2001-96 — "A Resolution of the City Council of the City of Huntington Beach Approving the Investment Policy for Fiscal Year 200112002, " and 2. Approve and adopt Redevelopment Agency Resolution No. 328 —'A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving the Investment Policy for Fiscal Year 200112002." and 3. Request the City Treasurer to review 5.14.0 of the Investment Policy to determine if 50% or 60% is preferable. 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 Held -Approved General Plan Amendment No. 01-01/ Zoning Map Amendment No. 01-02 - Sunrise of Huntington Beach (Assisted Living for Seniors Project) Map Amendments Filed by Wayne Sant, Sunrise Development, Inc. to Rezone 2134 Main Street (Northam Ranch House — n/o Yorktown Avenue, wlo Ranch Lane in the LakeNorktown Redevelopment Subarea) — Approved Introduction of Ordinance No. 3533 — Adopted Resolution No. 2001-97 (440.50) Mayor Cook announced that this was the time scheduled for a public hearing to consider the following: (11) December 17, 2001 - Council/Agency Minutes - Page 11 Applicant: Wayne Sant, Sunrise Development, Inc. Request: General Plan Amendment: To re -designate approximately 4.82 acres of property from Residential Medium Density to Public; Zoning Map Amendment: To rezone the property from Residential Medium Density to Public Semipublic. Location: 2134 Main Street (north of Yorktown Avenue, west of Ranch Lane) Environmental Status: Item is covered under Final Environmental Impact Report (EIR) No. 99-2 and Addendum to EIR No. 99-2 Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. The City Clerk restated for the record of this public hearing the Late Communication announced earlier of the PowerPoint presentation delivered by Associate Planner, Wayne Carvalho. Mayor Cook declared the public hearing open. Wayne Sant, applicant, spoke regarding his project. Mr. Sant replied to Councilmember Garofalo's inquiry that the project name is Sunrise of Huntington Beach. 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 Boardman expressed her concern regarding what she described to be the 100-year old historic trees on the project property, referring to Page No. D-1.6 of the staff report relative to the alteration of topography and the removal of vegetation. A motion was made by Boardman to vote "no" (not seconded) on approval of the agenda item pertaining to the proposed General Plan Amendment No. 01-01 and Zoning Map Amendment No. 01-02. Based upon the above -mentioned concerns voiced by Councilmember Boardman, discussion ensued between Council and Mr. Sant, the applicant/developer regarding the disposition of the palm trees. The developer assured Council that there is an arborist for the project. He responded that he would be happy to submit a Side Letter stating that condition shall be met on palm trees to retain them on site. Mr. Sant informed Council that the exception is the pepper trees in front that need to be removed. Subsequent to the discussion, Councilmember Boardman withdrew her motion. A motion was made by Dettloff, second Garofalo to: 1. Approve General Plan Amendment No. 01-01 by adopting Resolution No. 2001-97 —'A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 01-01 (Attachment No. 3);" and (12) December 17, 2001 - Council/Agency Minutes - Page 12 2. Approve Zoning Map Amendment No. 01-02 with Findings for Approval (Attachment No. 2* immediately following roll call vote); and 3. After City Clerk reads by title, approve introduction of Ordinance No. 3533 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Establishing a Public Semipublic (PS) Zoning Designation on Real Property Located on the North Side of Yorktown Avenue, West of Ranch Lane (Zoning Map Amendment No. 01-02) " (Attachment No. 4). The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None *Attachment No. 2 Suggested Findings for Approval Zoning Map Amendment No. 01-02 Suggested Findings for Approval — Zoning Map Amendment No. 01.02: 1. Zoning Map Amendment No. 01-02 to change the zoning on a 4.82 acre parcel from Residential Medium Density to Public Semipublic is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The proposed change is consistent with General Plan Amendment No. 01-01 which is being processed concurrently. The land uses in the surrounding area are consistent with the proposed change in zoning. There will be appropriate infrastructure and services available to support the proposed development. 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized I, and the standards prescribed for, the zoning district for which it is proposed. The changes proposed would be compatible with the uses in the vicinity, which are residential, commercial and public. 3. A community need is demonstrated for the change proposed. The changes would expand the opportunities for assisted care housing and address the needs for the aging population. 4. its adoption will be in conformity with public convenience, general welfare and good zoning practice. The zoning map amendment will provide more opportunities for senior residents in need of assistance in daily living to live in Huntington Beach. (City Council) Public Hearing Held — Approved, As Amended, Revisions to the Comprehensive Fee Schedules for Fire Department Cost Recovery Relating to Plan Checking, Inspections, Permits and Administrative Reviews — Adopted Fee Resolution No.2001-100 (340.20) Mayor Cook announced that this was the time scheduled to consider the following: (13) December 17, 2001 - Council/Agency Minutes - Page 13 Public hearing for the purpose of considering new and revisions to city fees. Fees under consideration are under the jurisdiction of the Fire Department related to plan checking, inspections, permits and various administrative reviews. All proposed revisions are cost recovery in nature. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. The City Clerk restated for the record of this public hearing the Late Communication announced earlier of the PowerPoint presentation delivered by Fire Chief/Information Services Director Dolder. Fire Chief Dolder announced a revision pertaining to Exhibit A of the summary table titled Comparison to Comparable Agencies, which is shown on Page No. D-2.9 of the staff report. The Fire Chief stated that the proposed fee of $450 for the subject line, Methane Barrier Inspection — 25,000 sq ft & over requires an asterisk indicating "plus $0.01 for each additional sq. ft." as shown on the footnote legend of the matrix. Mayor Cook declared the public hearing open. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the Mayor declared the public hearing closed. A motion was made by Garofalo, second Green to: 1. Adopt Resolution No. 2001-100 —"A Resolution of the City Council of the City of Huntington Beach Amending Resolution No_ 5159, as Amended, Relating to the City's Comprehensive Fee Schedule (Supplemental Fee Resolution No. 84)." and 2. Adopt fees as amended below to show asterisk for the line item from Page No. D-2.9 of Attachment 2 to the staff report: Comparison to Comparable Agencies Current Fee Proposed Fee Survey Fee Methane Barrier Inspection: 25,000 sq ft & over $0 $450* NC *Plus $0.01 for each additional sq. ft. The motion carried by the following roll call vote. - AYES: Garofalo, Dettloff, Bauer, Cook, Green, Boardman NOES: None ABSENT: None (Houchen out of the room) (14) December 17, 2001 - Council/Agency Minutes - Page 14 (City Council/Redevelopment Agency) Joint Public Hearing Held — Approved Two Redevelopment Agency Agreement Amendments for the Bowen Court Senior Apartments (1982-1986 lake Street) Affordable Housing Project: (1) Amendment No. 1 of the Disposition and Development Agreement (DDA); and (2) Amendment No. 1 of the Ground Lease Agreement - Approved Building Fee Agreement between the City and Bowen Court, L.P. (600.30) Mayor/Agency Chair Cook announced that this was the time scheduled to consider the following: Joint public hearing to be held pursuant to California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) for the purpose of considering an Amendment to the approved Disposition and Development Agreement (the "DDA") between the Agency and Bowen Court, L.P. (the "Developer"). The Amendment to the Disposition and Development Agreement (the "DDA') with Bowen Court, L.P. (the "Developer") concerns the disposition of property which has been or may be acquired by the Redevelopment Agency of the City of Huntington Beach and leased to Bowen Court, L.P. The DDA Amendment provides for the subordination of the recorded lease of approximately 1.4 acres of parcels commonly known as 1986-1982 Lake Street to all permitted mortgages of the Developer. The purpose of the joint public hearing is to consider: The proposed amended terms and conditions of the lease of real property by the Agency to the developer. 2. All evidence and testimony for and against the approval of the Disposition and Development Agreement Amendment and the amended terms and conditions of the lease of real property. The Agency has prepared a Summary Report in connection with the DDA Amendment that describes the salient points of the DDA Amendment, including the cost of the Amendment to the Agency. Legal notice as provided to the City/Agency Clerk's Office by staff had been mailed, published and posted. The City/Agency Clerk restated for the record of this public hearing the Late Communication announced earlier of the PowerPoint slide report presented by Economic Development/Deputy Executive Director Biggs. CouncillAgency Member Houchen announced that due to the change relative to rules on distance from her residence, she is no longer required to abstain on voting on the matter. Mayor/Chair Cook declared the hearing open. Steve Olim stated opposition to the public noticing procedures as untimely; alleging that construction has already begun on site without allowing time for community feedback. (15) December 17, 2001 - Council/Agency Minutes - Page 15 There being no persons present to speak on the matter and there being no protests filed, either written or oral, the Mayor/Chair declared the public hearing closed. Council/Agency Member Boardman requested an explanation of Page No. D-3.2 relative to the subordination procedures for a ground lease agreement. In response, Economic Development/ Deputy Director Biggs spoke regarding the subordination of covenants, providing as an example, the instance of the developer curing the default in the event of a foreclosure. Following a discussion on the subordination clause, a motion was made by Green, second Garofalo to direct staff on alternative financing on the Subordination Agreement. The motion failed by the following roll call vote: AYES: Garofalo, Houchen, Green NOES: Boardman, Dettloff, Bauer, Cook ABSENT: None Council/Agency Member Dettloff initiated a discussion and debate on the merits of affordability and tax credits. Following the receipt of timetable data for the project, a motion was made by Dettloff, second Bauer to: 1. Approve the draft Building Fee Agreement between the City of Huntington Beach and Bowen Court, L.P. in substantially the same form as the attached agreement, and authorize its execution by the Mayor and City Clerk; and 2. Approve Amendment No. 9 to the Disposition and Development Agreement for Bowen Count between the Redevelopment Agency of the City of Huntington Beach and Bowen Court, L.P. and authorize the Agency Chairperson, Executive Director, and Agency Clerk to execute and record the DDA Amendment and other necessary related documents when advised by Agency General Counsel; and 3. Approve Amendment No. 7 to the Lease for the Bowen Court Property between the Redevelopment Agency of the City of Huntington Beach and Bowen Court, L.P. and authorize the Agency Chairperson, Executive Director, and Agency Clerk to execute and record the Ground Lease Amendment and other necessary related documents when advised by Agency General Counsel. The motion carried by the following roll call vote: AYES: Dettloff, Bauer, Cook, Green, Boardman NOES: Garofalo, Houchen ABSENT: None (16) December 17, 2001 - CouncilfAgency Minutes - Page 16 (City Council) Administrative Hearing Held — Adopted Resolution No. 2001-95 -- Approving Certification of Special Assessments for Delinquent Civil Fines for Municipal Code Violations (520.80) Mayor Cook announced that this was the time scheduled to consider the following: Administrative public hearing as required by the California Government Code Section 38377.5 for the purpose of certifying special assessments against properties where public nuisances have occurred. Request for Council certification of recording Notices of Special Assessments against private property for the value of unpaid civil fines, plus interest and penalties, pursuant to Ordinance No. 3397 adopted by City Council on June 15, 1998. City Attorney Hutton provided a brief oral report, stating that this administrative hearing is required by Huntington Beach Municipal Code 1.18, at which only property owners are entitled to speak. Mayor Cook declared the administrative hearing open. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the Mayor declared the administrative hearing closed. A motion was made by Garofalo, second Green to adopt Resolution No. 2001-95 entitled `A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Municipal Code Violations." The motion carried by the following roll vote: AYES: Garofalo, Dettloff, Bauer, Cook, Green, Boardman NOES: None ABSENT: None (Houchen out of the room) Consent Calendar — Item Removed for Separate Discussion The following item was removed from the Consent Calendar for separate discussion: (City Council) City Council Position on Legislation Pending Before the State Legislature and Congress as Recommended by the City Council Intergovernmental Relations Committee — Assembly Bill 1150 (Firebaugh) — Public Utilities Code (120.70) Consent Calendar — Items Approved On motion by Garofalo second Green, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote*: AYES: Garofalo, Dettloff, Bauer, Cook, Green, Boardman NOES: None ABSENT: None (Houchen out of the room) (17) December 17, 2001 - Council/Agency Minutes - Page 17 *Later during the meeting, the Consent Calendar vote was re -taken for the record, at which time the motion carried unanimously, with all present. (City Counci[/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency Special meetings of November 19, 2001 and Regular meetings of November 19, 2001 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (City Council) Approved Maddy Act Local Appointive List (informs the Public of Openings and Vacancies on Boards, Committees, and Commissions which Expire in 2002) and Directed the City Clerk to Post This List (110.50) — Approved the Maddy Local Appointive List titled City of Huntington Beach Boards, Commissions, Councils, Committee Terms which have Expiration Dates in 2002 showing vacancies which will occur on city boards and commissions in the year 2002 and directed the City Clerk to post the list at the official posting locations (Huntington Central Library, Civic Center, Main Street Library). Copies of the Maddy Act will also be posted at all branch libraries. Submitted by the City Clerk. Funding Source: Not Applicable. (City Council) Approved Member Appointments to Human Relations Task Force — Elliott/Green/Cronk and Accept Resignations of AnunciationlLelBenson — Approved Student Appointments — NanayakkaralLevy/Khuc (110.20) —1. Accepted the resignations with regret of Derek Anunciation, Kim Phuong Le, and Dean Benson and approved the appointments of John Elliott (term to expire 10131/03), Carol Green (term to expire 10/31/03), and Brunilda Cronk (term to expire 1/31/05); and 2. Approved the appointments of Rajlka Nanayakkara, Nate Levy, and Irene Khuc to student memberships with terms to expire May 31, 2002. Submitted by Administration and as recommended by Council Liaisons Shirley Dettloff and Mayor Pro Tern Ralph Bauer. Funding Source. None Required. (City Council) Approved City Council Position on Legislation Pending Before the State Legislature and Congress as Recommended by the City Council Intergovernmental Relations Committee to Support Assembly Bill 1150 (Firebaugh) — Public Utilities Code (120.70) Mayor Pro Tern Bauer requested that this time be removed from the Consent Calendar for separate discussion. He addressed the issues raised by the public speaker. Mayor Pro Tern Bauer ascertained from Administrative Services Director Clay Martin that telecommunications companies are not subject to the payment of utility taxes. A motion was made by Bauer, second Dettloff to approve the following recommendation by the City Council Intergovemmental Relations Committee, submitted by Councilmember Shirley Dettloff, Chair Person of the Intergovernmental Relations Committee: The Committee has reviewed the legislation below and is recommending that the City Council take a position on the following items, and authorize the Mayor to send letters to the legislators reflecting the approved positions: Motion; Support AB 1150 (Firebaugh) Telegraph and telephone corporations — which would authorize a governmental entity that owns property used by a telecommunications or information technology corporation pursuant to provisions in the Public Utilities Code to negotiate the purchase, lease, or rent of access to rights -of -way and easements on that property. The motion carried by the following roll tali vote: AYES: Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: Garofalo ABSENT: None (18) December 17, 2001 - Council/Agency Minutes - Page 18 Recessed City Council/Redevelopment Agency Regular Meeting Annual Meeting of Huntington Beach Public Financing Authority to Order (125.35) Roll Call of the Huntington Beach Public Financing Authority Directors Present: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman Absent: None Election of Officers A motion was made by Green, second Garofalo to elect: 1. Debbie Cook, Chair of the Huntington Beach Financing Authority; and 2. Ralph Bauer, Vice -Chair of the Huntington Beach Financing Authority; and 3. Connie Brockway, Secretary of the Huntington Beach Financing Authority. The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None Public Financing Authority Minutes — Approved A motion was made by Green, second Boardman to approve and adopt minutes of the November 5, 2001 meetings of the Huntington Beach Public Financing Authority as written and on file in the Office of the Secretary. Submitted by the Secretary. The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None Adjournment Chair Cook adjourned the annual meeting of the Huntington Beach Public Financing Authority. Reconvened City Council/Redevelopment Agency Regular Meeting (City Council) Adopted Resolution Nos. 2001-98 and 2001-99 for the Closure of Various Inland Streets on January 27, 2002 for Pacific Shoreline Marathon Run Along Pacific Coast Highway, Huntington Central Park, and Pier Plaza (Race Pace Promotions) — Approved, as Amended, Allowing Trial Beer Garden for This Year's Exposition Only, with Direction to Staff to Return to Council with Policy Established by the Police Department and the Specific Events Committee (960.50) The City Council considered a communication from the Community Services Director requesting Council to adopt resolutions to close Pacific Coast Highway and inland streets in order to operate the Pacific Shoreline Marathon in Huntington Beach on Sunday, January 27, 2002, and allow the event to incorporate a beer garden as part of the run exposition. (19) December 17, 2001 - Council/Agency Minutes - Page 19 In 1999, Council approved a ten-year agreement with Race Pace Promotions to operate the marathon in Huntington Beach. That year, the course was expanded to showcase more of the city, running along the coastline, inland to Huntington Central Park, and back to Pier Plaza. The staff report further sets forth that this year, the event organizers are requesting to incorporate a limited beer garden into the run exposition during the event at the Pier Plaza. They believe that the addition of a beer garden will enhance the experience for event participants and help increase sponsorship for the event. A beer garden concept was reviewed at the Specific Events Committee and the Police Department is opposed to the inclusion of a beer garden for this or any other event. However, should Council grant permission for this element as part of the event, it is recommended with the conditions as set forth in the staff report be imposed. A PowerPoint presentation titled Pacific Shoreline Marathon — Huntington Beach was included in the agenda packet. Community Services Director Ron Hagan presented said PowerPoint report, calling Council's attention to and initiating discussion on the additional staff recommendations. A communication from the Police Department titled Beer Garden at Marathon was included in the agenda packet. Further discussion was held on the above -mentioned communication from Lieutenant Dan Johnson. A motion was made by Houchen, second Boardman to: 1. Adopt Resolution No. 2001-98 — "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 Run," and 2. Adopt Resolution No. 2001-99 — `A Resolution of the City Council of the City of Huntington Beach for the Temporary Closure of Portions of Golden west Street, Garfield Avenue, Edwards Street, Ellis Avenue, Talbert Avenue, Seapoint Street, Inlet Drive, Overlook Drive, Summit Drive, Varisty Drive, and Central Park Drive for the Pack Shoreline Marathon Run;" and 3. Approve, as amended, to allow the Beer Garden as part of the exposition area on a trial basis this year with the conditions established by the Police & Specific Events Committee; and 4. Approve, as amended, to direct the Specific Events Committee to review the impacts of the trial Beer Garden and return to Council with a future recommendation regarding the policy and conditions for allowing Beer Gardens at Specific Events. The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Cook, Houchen, Boardman NOES: Bauer, Green ABSENT: None (20) December 17, 2001 - Council/Agency Minutes - Page 20 (City Council) Continued from October 15, 2001 — Approved the Revised Scope of Work (formerly with Consultant, Frank Wilson & Associates) for the Huntington Beach Infrastructure Improvement Public Education Program: Rebuilding Huntington Beach for 21" Century —Authorized Expenditure of Funds (600.10) The City Council considered a communication from the Communications & Special Projects Director requesting that the City Council approve a revised scope of work for the Public Education component of the Huntington Beach Infrastructure Improvement Program and authorize an expenditure of up to $75,000 in support of the program. On October 15, 2001, City Council directed city staff to meet with members of the Citizen Infrastructure Planning Committee to re-examine the proposed scope of work for the Public Education component of the Huntington Beach Infrastructure improvement Program and return to the City Council with an outreach program that would minimize the use of additional public funds to carry the program forward, while at the same time, provide a revised scope of work. Members of the Citizen Infrastructure Planning Committee have met with city staff and have reviewed a revised scope of the work for the Public Education Program and believe the program presented will be sufficient to communicate the infrastructure messages to the general public. Communications & Special Projects Director Rich Barnard presented the PowerPoint slide report announced earlier by the City Clerk as a Late Communication_ Councilmember Dettloff commended the work of the Infrastructure Advisory and Planning Committee members and the members of the community involved for their leadership efforts towards this endeavor. A motion was made by Dettloff, second Green to approve the revised scope of work for the Public Education component of the Huntington Beach Infrastructure Improvement Program in an amount not to exceed $75,000. 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) Approved a Redevelopment Agency Affordable Housing Covenant for a Six -Unit Condominium Project Located in the Oakview Neighborhood Enhancement Area at 17201 Ash Street (Developer, Westgate Homes, Ash Street, L.L.C.) (600.10) The City Council/Redevelopment Agency considered a communication from the Economic Develop men t/Deputy Executive Director transmitting an Affordable Housing Covenant, including resale restrictions, for Council/Agency approval on a six -unit condominium project located at 17201 Ash Street. The staff report further sets forth that the affordable housing obligations included in this agreement ensure that all six, two -bedroom units in the project will be affordable for median - income households for 60 years. This agreement fulfills a Planning Department condition of approval for the project and will provide the Redevelopment Agency credit for six new affordable housing units, thereby furthering the city's affordable housing goals. (21) December 17, 2001 - Council/Agency Minutes - Page 21 Economic Development Director/Deputy Executive Director Biggs presented the PowerPoint slide report announced earlier by the City/Agency Clerk as a Late Communication. Economic Develop ment/Deputy Director Biggs ascertained for Council/Agency Member Houchen that the market value of each unit is $240,000, which will be the maximum sales price. Planning Director Howard Zelefsky informed the City Council/Redevelopment Agency that the two variances for the project, which were granted by the Zoning Administrator involved: 1.) the turning radius in the garage driveway; and 2.) a roofline articulation required for the conversion from an apartment to a condominium design. Mayor Pro Tem/Agency Vice Chair Bauer spoke regarding housing median levels as being based on Orange County standards; that there is a legal definition and a mathematical formula used to determine affordability levels. A motion was made by Garofalo, second Green to 1. Approve the Declaration of Conditions, Covenants and Restrictions for Property (Resale Restrictions) between Westgate Homes, Ash Street, L.L.C., the City of Huntington Beach, and the Redevelopment Agency of the City of Huntington Beach, and 2. Authorize the Mayor/Agency Chairman and City/Agency Clerk to execute and record the agreement when advised by the City Attorney/Agency General Counsel. The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None (City Council) Adopted Ordinance No. 3517 Amending Huntington Beach Zoning Code Section 245.32 Relating to Appeals of Coastal Development Permits (420.80) After the City Clerk read by title, a motion was made by Green, second Dettloff, to adopt Ordinance No. 3517 — `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." The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None (City Council) Approved Introduction of Ordinance Nos. 3520 through 3532 Inclusive — Amending 13 Chapters of the Huntington Beach Zoning and Subdivision Code and Sections of the Downtown Specific Plan — (City Wide Entitlement Permit Review Process Streamlining) (Zoning Text Amendment No. 01-04 — Refer to Public Hearing Held and Closed on November 19, 2001) (450.20) The original November 19, 2001 public hearing was held on the following: Request: To amend 13 chapters within the Huntington Beach Zoning and Subdivision Ordinance and three sections of the SP5 Downtown Specific Plan, codify certain Planning Department policies and clarify sections of existing codes for streamlining purposes. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by (22) December 17, 2001 - Council/Agency Minutes - Page 22 right or having a lower level discretionary body review the entitlement. Location: City-wide Environmental Status: Zoning Subdivision Ordinance No. 01-04 is categorically exempt from the provisions of the California Environmental Quality Act. After the City Clerk read by title, a motion was made by Green, second Dettloff to approve introduction of the following ordinances: Ordinance No. 3520 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Chapter 203 Thereof Relating to Definitions;" and Ordinance No. 3521 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Chapter 204 Thereof Relating to Use Classifications;" and Ordinance No. 3522 — `An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Chapter 211 C Thereof Relating to Commercial Districts," and Ordinance No. 3523 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Chapter 212 Thereof Relating to Industrial Districts;" and Ordinance No. 3524 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Chapter 214 PS Thereof Relating to Public -Semipublic Districts," and Ordinance No. 3525 — An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Chapter 230 Thereof Relating to Site Standards;" and Ordinance No. 3526 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Chapter 231 Thereof Relating to Off -Street Parking and Loading Provisions;"and Ordinance No. 3527 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Chapter 233 Thereof Relating to Signs;" and Ordinance No. 3528A —'An Ordinance of the City of Huntington Beach Amending Chapter 236 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Nonconforming Uses and Structures," and Ordinance No. 3528E — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Chapter 241 Thereof Relating to Various Use Permits and Waiver of Development Standards;"and Ordinance No. 3529 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Chapter 244 Thereof Relating to Design Review," and (23) December 17, 2001 - Council/Agency Minutes - Page 23 Ordinance No. 3530 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Chapter 250 Thereof Relating to General Provisions;" and Ordinance No. 3531 —An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance by Amending Chapter 257 Thereof Relating to Mergers;"and Ordinance No. 3532 — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Specific Plan Relating to the Downtown Parking Master Plan." The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None (City Council) Approved, as Amended, a Direction to Staff to Return in March 2002 with the Environmental Impact Report (EIR) of Southeast Huntington Beach for Council Review Prior to Issuing a Position Letter from the Mayor to the Southeast Huntington Beach Neighborhood Association in Support of the Formation of a Redevelopment Project Area (410.75) The City Council considered a communication from Mayor Pro Tern Ralph Bauer transmitting the following Statement of Issue: At the community meeting on December 11, 2001 related to a Redevelopment Area in Southeast Huntington Beach, the ambiguous responses by the community continue to be apparent despite the many meetings on this subject. Because of this, I move that the Mayor write a letter to the Southeast Huntington Beach Neighborhood Association requesting a letter which unequivocally supports the Redevelopment Area in Southeast Huntington Beach as proposed by Huntington Beach staff. Councilmember Boardman suggested that action taken in favor of the formation of a Southeast Huntington Beach Redevelopment Area should be subject to the favorable review of the Environmental Impact Report (EIR). A motion was made by Bauer, second Dettloff to approve, as amended, that said letter of support of a Southeast Huntington Beach Redevelopment Area, is to be written only after the Council has had the opportunity to review the Environmental Impact Report (EIR) around March 2002. The motion carried by the following roll call vote: AYES: Garofalo, Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None (24) December 17, 2001 - Council/Agency Minutes - Page 24 (City Council) Directed Staff to Conduct a Feasibility Study in Conjunction with the U.S. Naval Weapons Station in Seal Beach to Use Available Resources for the Complete Reopening of Water Access to Huntington Harbour (including Peter's Landing) (820.10) The City Council considered a communication from Mayor Pro Tern Ralph Bauer transmitting the following Statement of Issue: The events of September 11, 2001 have lead to restriction in the water access to Huntington Harbour through the U.S. Naval Weapons Station in Seal Beach. i move that the City of Huntington Beach make contact with the commander of the Seal Beach Naval Weapons Station to determine what resources might be needed to increase the time windows during which water access to Huntington Harbour can occur. Mayor Pro Tern Bauer informed Council that in light of the September 11, 2001 national disaster, the need for increased security created a hardship resulting in the above -reported closure of water access to the Huntington Harbour community (including the Peter's Landing area). A motion was made by Bauer, second Dettloff that the City of Huntington Beach make contact with the commander of the Seal Beach Naval Weapons Station to determine what resources might be needed to increase the time windows during which water access to Huntington Harbour can occur. The motion carried by the following roll call vote: AYES: Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None (Garofalo out of the room) (City Council) Directed Staff to (1) Request that the Orange County Sanitation District (OCSD) Include the Handling of Flood Control Channels in its Capital Improvement Plans and (2) Seek Funding Alternatives to Proposition 218 for Urban Runoff Treatment Facilities (1020.50) The City Council considered a communication from Mayor Pro Tern Ralph Bauer transmitting the following Statement of Issue: The Orange County Sanitation District is currently developing capital improvement plans to handle sewage and urban run-off problems. As input to the Orange County Sanitation District, the following motion is made: A motion was made by Bauer, second Boardman to: 1. Request the Orange County Sanitation District include in their capital improvement program the capacity for handling all dry weather run- offs from flood control channels that run through Huntington Beach; and 2. Direct the Huntington Beach staff to research the possibility that urban run-off facilities can be funded in the same way that sewage treatment is funded without resorting to a Proposition 218 vote. The motion carried by the following roll call vote: AYES: Dettloff, Bauer, Cook, Houchen, Green, Boardman NOES: None ABSENT: None (Garofalo out of the room) (25) December 17, 2001 - Council/Agency Minutes - Page 25 (City Council) Request for Donations of Christmas Tree for the Urban Forest (Drop Off Site — Parks, Trees and Landscape Division, City Yard at 17581 Gothard Street) (920.40) Councilmember Boardman announced that residents' Christmas trees can be planted in the City's Urban Forest if not root bound. She stated that un-potted trees can be dropped off at the City Yard in the Parks, Trees and Landscape Division located on 17581 Gothard Street. (City Council) Announcement of the City's Participation Beginning March 2002 in Tree City USA (120.70) Mayor Pro Tern Bauer announced that in March 2002, the city is going to be designated as a member of Tree City USA. 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 at 11:00 p.m. to Monday, January 7, 2002, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City Clerk and ex-officio Cledf of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California ATTEST: OW-04"a __ joof" �, ,2f wow City Clerk -Clerk Mayor -Chairman