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HomeMy WebLinkAbout2002-01-07Minutes City CouncillRedevelopment Agency City of Huntington Beach Monday, January 7, 2002 5:00 P.M. - Room B-8 7:00 P.M. - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 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. City Council/Redevelopment Agency Meeting Roll Call Present: Green, Dettloff, Bauer, Cook, Boardman Absent: Houchen Councilmember Houchen has requested and received permission by consensus to be absent from the meeting. (City Council) Study Session — Community Services Department Presentation of OverviewlUpdate of: (1) South Beach Phase It Lifeguardl&. Lifeguard Headquarters (Purkiss—Rase, RSI) (Staff Directed to Incorporate Marine Safety Program History into Design Features); (2) Community Services Staff Priority Projects and Workload; and (3) Pier Head Line Enforcement and Huntington Harbour Dredging Issues — Directed Staff to Return to Council Prior to 11102 with Feasibility Report Re: Pier Head Line Draft Ordinance (100.30) Community Services Director Ron Hagan distributed a Study Session Packet and presented an oral report of the communication review in which was divided into three sections with subjects consisting of: A. Update on South Beach Phase II Lifeguard & Jr. Lifeguard Headquarters. B. Update on Community Services Projects & Workload. Including the Community Service Quarterly Report— January 2002 — Facilty Development Division Projects. C. Update on Issues with Pier Head Line Line Enforcement & Huntington Harbour Dredging. The Purkiss—Rase, RSI consultant group was also in attendance. Director Ron Hagan reported that the proposed Phase II improvements of the Lifeguard buildings at South Beach are scheduled for Design Review Board approval. Director Hagen informed Council that the Lifeguard headquarters require accommodations for female marine safety employees and spoke regarding safety concerns. (2) January 7, 2002 - CouncillAgency Minutes - Page 2 Discussion was held between Council and staff with regards to embellishment of the walls of the building facilities. Councilmember Boardman commented on what she described as the 1980's era institutional type architecture and asked if there could be some decoration added such as a mural on the building. Councilmember Bauer suggested a "bas-relief" design with its cost consideration. Councilmember Bauer recommended that the historic aspects of marine safety under the past leadership of Vince Moorhouse, be incorporated into the design of the Lifeguard headquarters, which is to include the early Jr. Lifeguard program. He commented on the beauty of the Seacliff murals relocated to City Hall from the Seacliff Village mall. Director Hagan stated he will investigate decoration of the building. Councilmember Green inquired about the location of the "Ultimate Challenge" Surfer Statue. He responded that the sculpture would stay in its present location. Director Hagan described a pedestrian walkway feature, which is proposed to be created for the site. Community Services Director Hagan spoke regarding the aforementioned communication titled Community Services Quarterly Report, January 2002, Facility Development Division Projects. He stated this analysis included special and capital projects. Community Services Director Hagan announced that Community Services Deputy Director Jim Engle and Senior Recreation Supervisor Dave Dominguez worked on the proposed projects. Councilmember Boardman inquired about the location of Bartlett Park and Director Hagan described the Coldwater Drive location. Discussion was held regarding lighting of the softball fields. Director Hagan proceeded to the third and final part of the presentation: the handout titled Huntington Harbor Pier Head Line Enforcement. He defined the pier head line as an imaginary line defining demarcation of the property line, similar to city streets. He stated an estimated 1,000 to 2,000 Huntington Harbour boats extend past this line and extend into the public right-of- way, however, the current pier head line code is unenforceable. Councilmember Dettloff asked if Council should adopt an ordinance. Director Hagan answered this would require we must then prepare encroachment fees similar to outdoor dining permits, which take about two years to implement. Director Hagan also presented other Huntington Harbour issues in conjunction with the pier head issue: dredging, code enforcement, and water quality. He cautioned that ten channels need dredging and within two or three years if not done, boats will be unable to travel through the channels. Director Hagan stated that the last time they were dredged was in 1989, in a joint project with the County. Director Hagan spoke relative to code enforcement problems including illegal docks, derelict boats, live aboards and illegal dumping. He presented options for pier head line enforcement set forth in the communication, which include: 1. Relinquishing responsibility to the Army Corps of Engineers. 2. Creating a new Huntington Harbour Property Assessment District requiring a vote of the people. Director Hagan provided timelines, informing Council of the staff time required to implement the Program. (3) January 7, 2002 - Council/Agency Minutes - Page 3 Director Hagan stated the Huntington Harbour Water Quality Committee is studying the problems of runoff and beach closures in the Harbour. Councilmember Dettloff inquired about instituting a boating fee for a Huntington Harbour permit, and asked if the city could use the proceeds for dredging and code enforcement. Director Hagan responded that many harbors charge a user fee. Councilmember Bauer suggested a process for receiving input from Huntington Harbour residents to address their long standing concerns. Councilmember Boardman asked when the ordinance was enacted and special counsel Robert Wheeler replied that it was in 1985. Discussion followed on the percentage of private, versus public docks. Mayor Cook asked if docks in the city are required to have ADA (Americans with Disabilities Act) ramps. Director Hagan replied public docks only are required to have those accommodations. Mayor Cook also addressed the Coastal Commission requirement regarding public access to public waterways. Mayor Cook asked how the city will address dredging. Director Hagan stated the city has applied for grants for Proposition 13 Urban Waterway Restoration, to no avail, as said docks are neither ports nor terminals. Assistant City Administrator William Workman asked if Council wished staff to pursue the dredging problem, and suggested a meeting between the City and the Huntington Harbour Property Owners Association (HBPOA). Director Hagan suggested starting a Harbour Task Force in order to come up with a plan to address the issues at hand to which Mayor Cook concurred. Councilmember Bauer requested a deadline to address these issues prior to November 2002. Motion to Recess to Closed Session — Approved A motion was made by Dettloff, second Green to recess to Closed Session on the following items. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen 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 and HBPMA. 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 Brindlelrhomas v. City of Huntington Beach, Orange County Superior Court Case No. 750203. Subject: BrindielThomas v. City of Huntington Beach. (120.80) (4) January 7, 2002 - Council/Agency Minutes - Page 4 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 title of the litigation is Ed Blackford v. Connie Brockway; Orange County Superior Court Case No. 01 CC15111. Subject: Ed Blackford v. Connie Brockway. (120.80) Reconvened City Council/Redevelopment Agency Meeting - 7:00 P.M. - Council Chambers City Council/Redevelopment Agency Roll Call Present: Green, Dettloff, Bauer, Cook, Boardman Absent: Houchen Mayor Cook announced that Councilmember Houchen has requested and received permission by consensus, to be absent from the meeting. (City Council) City Attorney's Report of Action Taken by the City Council in Closed Session on January 7, 2002 (Pursuant to Government Code §54957.1(a) (3)_(B))- Approved Settlement in the Matter of Brindle/Thomas v. City of Huntington Beach, OCCSCC No.750203 (600.10) City Attorney Gail Hutton reported out that on Monday, January 7, 2002 the City Council convened in closed session to discuss the matter of Brindle/Thomas v. City of Huntington Beach, OCCSCC No. 750203. The City Council voted to 1) Approve settlement as set forth in the Settlement Agreement; and 2) Authorize the Mayor and the City Clerk to attest to the Agreement. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen Flag Ceremony and Pledge of Allegiance - Boy Scout Troop 568, Community United Methodist Church, Huntington Beach. Scoutmaster Rick Dadamo. The City Clerk Announced Late Communications Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced Late Communications regarding agenda items which had been received by her office following distribution of the agenda packet: Slide show presentation submitted by the Economic Development Department to the City Clerk's Office on January 7, 2002 titled Department Spotlights - Public Works Department- Beach Boulevard Median Improvements. Communication dated January 7, 2002 from the Administrative Services Department regarding the agenda items transmitting the cost of the four labor agreements for Non -Associated City Employees and Elected Officials. Communication titled Cost of Proposals. (5) January 7, 2002 - Council/Agency Minutes - Page 5 Communication dated January 7, 2002 from the City Clerk's Office transmitting a revision to a portion of the Request for Council Action. Communication titled Agenda Item E-9 — January 7, 2002 City Council Meeting. Presentation — By Mayor Debbie Cools and Police Chief Ronald Lowenberg, a Medal of Distinction to Huntington Beach Police Lieutenant Luis Ochoa who is retiring after 37 years of service to the Huntington Beach Police Department, and who has not taken a sick day in the past 33 years. (160.40) Presentation — By Mayor Debbie Cook and Police Chief Ronald Lowenberg, to two New York Port Authority Police Department members, Sergeant Kevin Devlin and Officer Tom Kennedy, who have both been working at Ground Zero in New York since September 11, 2001, and who acted as hosts for 12 members of the Huntington Beach Police Department who visited Ground Zero in December 2001. (160.40) Public Comments Herb Soto, Orange County Grand Jury member spoke regarding the Grand Jury recruitment and selection process and invited members of the community to apply by calling (714) 834-5555. Lou Baker informed Council of his support for the appointment of Ron Davis to fill the vacancy on the City Council seat. Norm Westwell concurred with the last speaker, Mr. Baker, providing reasons why Ron Davis is qualified to serve as a City Council member. Elaine Linhoff, Balboa Peninsula resident, spoke in opposition to County Measure W appearing on the March 5, 2002 Statewide Primary ballet regarding designating the El Toro site for park purposes (Great Park Use). Tom Anderson, Newport Beach resident, presented a PowerPoint slide report and lodged his complaint against the Ballot Measure W Tax Increase for "Great Park". John Jankowski, senior citizen and senior advocate, stated his objection to Measure EE on the March 5, 2002 Special Municipal Election Ballot. Mr. Jankowski stated that if it were to pass, the Property Owners Rights Measure will result in unlimited rental increases for mobile home owners in Huntington Beach. Joey Racano, Ocean Outfall Group, stated his first issue relates to the Council appointment process and recommended the appointment of Ron Davis. Mr. Racano also spoke regarding the need for opposition to the County Sanitation District being granted a Federal Section 301(H) waiver of Federal Clean Water Act. Dennis Davenport stated support for Bill Borden to be appointed to the Council vacancy, as Mr. Borden ran fourth during the last City Council election. Terry Nelson concurred with the last speaker, Mr. Davenport in urging Council to appoint Bill Borden for City Council. (6) January 7, 2002 - Council/Agency Minutes - Page 6 Milton Vaught addressed the City Council appointment process, recommending that Bill Borden be appointed to the vacancy as he was the next highest vote recipient in the last election. Frank Householder stated his support of Bill Borden to fill the City Council vacancy. Rex Ricks delivered a PowerPoint slide presentation regarding John Wayne Airport and its flight paths. Mr. Ricks spoke in opposition to the proposed tax increase which he believes will occur if County Ballot Measure W is approved. Don McGee stated his opposition to the Sacramento -based Redevelopment Association. Mr. McGee also spoke against the Property Owners Rights Ballot Measure EE on the March 5, 2002 Special Municipal Election ballot of which Ed Laird is the proponent. Al Caraccia, member, Huntington Beach Mobile Home Owners Association (HBMOA), stated his objection to Measure EE on the March 5, 2002 Special Municipal Election ballot. Mr. Caraccia stated his belief that the measure is a threat to apartment dwellers and mobile homeowners as unconstitutional by benefiting only the landlord. Jim Barker, Los Amigos Mobile Home Park resident and Communications Director for the Huntington Beach Mobile Home Owners Association (HBMOA), stated his opposition to Ballot Measure EE. Mr. Barker stated that the property owners to benefit are not city residents, and compared the Measure to State Proposition 199. (City Council) Approved Revision to Council Liaison Committee Appointments (Previously Approved at the 12/17/2001 Council Meeting) by Appointing Mayor Pro Tern Ralph Bauer and Councilmember Pam Houchen to the Public Cable Television Authority (PCTA) Council Committee (120.20) The City Council considered a communication from Mayor Debbie Cook transmitting the following: After the City Council appoints a new member to the Council, I will be updating the listing of Council liaison appointments previously approved on December 17, 2001. However, until that time, I would like to update the listing on the Public Cable Television Authority (PCTA). A motion was made by Green, second Dettloff to appoint City Council member Pam Houchen to the Public Cable Television Authority (PCTA) and Mayor Pro Tern Ralph Bauer as the alternate. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (Assistant City Administrator's Report) Spotlight Made on the Beach Boulevard Median Landscape Improvements Public Works Department for the (340.70) A presentation was made by the Public Works Department summarizing the new landscape improvements to the Beach Boulevard medians. Public Works Director Robert F. Beardsley presented the PowerPoint slide report that had been announced earlier by the City Clerk as a Late Communication. (7) January 7, 2002 - Council/Agency Minutes - Page 7 Counciimember Boardman commended staff on the improved look of the medians. Councilmember Dettloff inquired if Transportation Enhancement Activities (TEA) Program grants can be used as a source of revenue for frontage road improvements. Director Beardsley responded that said funds are limited but Measure M funds are available, albeit in competition, for other public works needs. Consent Calendar -- Items Removed for Separate Discussion The following items were removed from the Consent Calendar for separate discussion: (City Council) Resolution No. 2002-2 — To Modify Salary and Certain Benefits for the Elected City Attorney (720,20) (City Council) Resolution No. 2002-3 — To Modify Salary and Certain Benefits for the Elected City Clerk (720.20) (City Council) Resolution No. 2002-4 — To Modify Salary and Certain Benefits for the Elected City Treasurer (720.20) Consent Calendar — Items Approved On motion by Green, second Dettloff, Council approved the following Consent Calendar items, as recommended. The motion carried by the following roll call vote: AYES: Green, Bauer, Dettloff, Cook, Boardman (Dettloff -ABSTAIN - December 13, 2001 minutes due to absence) NOES: None ABSENT: Houchen (City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City Council/Redevelopment Agency Regular Meetings of December 3, 2001 and City Council Special Meeting of December 13, 2001 as written and on file in the Office of the City Clerk. Submitted by the City Clerk. (City Council) Approved Final Tract Map No. 16192 of Tentative Tract Map No. 16192 with Bonds and Agreements — Approved Subdivision Agreement (Mystic Pointe) — Lennar Homes (Palm-Goldenwest Specific Plan No. 12) — sls Palm Avenue — w/o Goldenwest Street (420.60) --1. Approved Final Tract Map No. 16192 and accepted the offer of dedication, improvements, and bonds pursuant to findings and requirements (Attachment No. 1): Findings for Acceptance of Final Map: 1. Final Tract Map No. 16192 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16192 conditions of approval as approved by the Planning Commission. Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file bonds with the City Treasurer: a. Faithful Performance Bond No. 111 3359 9149 as presented in Attachment No. 6; b. Labor and Material Bond No. 111 3359 9149 as presented in Attachment No. 6; c. Monument Bond No. 111 3359 9156 as presented in Attachment No. 6. 3. Instructed the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the (8) January 7, 2002 - Council/Agency Minutes - Page 8 map: a. A deposit for fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; d. An approved Subdivision Agreement titled Subdivision Agreement by and between the City of Huntington Beach and Lennar Homes of California, Inc., for Tract No. 16192, authorized for execution by the Mayor and City Clerk shall be submitted (Attachment No. 5). e. Parkland Dedication. Submitted by the Planning Director. Funding Source: Not Applicable. (City Council) Accepted the Water Wells 3A and 5A Projects, CC-1114 and 1059, and Authorized the City Clerk to File a Notice of Completion — Schuler Engineering, Inc. (600.75) — Accepted the Water Wells 3A and 5A Projects, CC-1114 and 1059 at a final cost of $2,224,342.41, and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the Public Works Director. Funding Source: Water Capital Improvement Funds. (City Council) Adopted Resolution No. 2002-1 Modifying Salary and Certain Benefits for Non -Represented Employees (720.20) — Approved and adopted Resolution No. 2002-1 -- "A Resolution of City Council of the City of Huntington Beach Modifying Salary and Benefits for Calendar Years 2001 and 2002 for Non -Represented Employees." Submitted by the Administrative Services Director. Funding Source: Funding included in FY 01102 budget. (Redevelopment Agency) Approved as to Form the Office Space Lease Between Abdelmuti Development Company and Norman Weaver, Jr. and Barbara Weaver — Oceanview Promenade, Suite No. 220 — (Main -Pier Redevelopment Project Area) (600.30) — Approved as to form the Office Space Lease between Abdelmuti Development Company and Norman Weaver, Jr. and Barbara Weaver for a 3-year term — February 1, 2002 to January 31, 2005. Submitted by the Director of Economic Development, Redevelopment Tax: Increment (Approval as to form required by Owner Participation Agreement between the Agency and Abdelmuti Development Company). (City Council) Adopted Resolution No. 2002-5 Revising Fees Charged by the Office of the City Clerk for Documents (340.20) — Adopted Resolution No. 2002-5 — "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 Charges for Copies of Official Documents on File in the Office of the City Clerk (Supplemental Fee Resolution No. 85)." Submitted by the City Clerk. (Fee reduction for document copes; fee increase for City Historical Book; deletion of fee for copy of City Charter and document certification.) Fiscal effect: Negligible. (City Council) Approved and Authorized the Fire Chief/Information Systems Director to Execute the Amendment to Contract Between the City and the U.S. Department of Health and Human Services for Development of Metropolitan Medical Response System (MMRS) Program (600.15) — Approved and authorized the Fire Chief/Information Systems Director to execute the Amendment to the United States Department of Health and Human Services 18- month Contract No. 233-01-0057 in the amount of $200,000 for development of a Metropolitan Medical Response System (MMRS). Submitted by Fire Chief/Information Systems Director. Funding Source: The U.S. Department of Health and Human Services is offering the City of Huntington Beach an additional $200,000 in funding for administration of the program, equipment purchases and medical supplies to manage Weapons of Mass Destruction (WMD) incidents. This funding is in addition to the original $400,000 provided by the DHHS. It will be deposited into the Metropolitan Response System Revenue Account. No General Fund expenditures or matching funds are required. (9) January 7, 2002 - Council/Agency Minutes - Page 9 (City Council) Continued to 1/22/02 to Consider Adoption of Resolution No. 2002-2 Modifying Salary and Certain Benefits for the Elected City Attorney (720.20) Mayor Cook requested that this agenda item and the following two items, be removed from the Consent Calendar for separate discussion. Mayor Cook inquired regarding variances found among the three resolutions and attachments for the elected officials. Discussion was held between the Council and the three elected officials regarding the need for uniformity in the format of the salary resolutions. Following discussion, a motion was made by Bauer, second Cook to continue to January 22, 2002 consideration to approve and adopt Resolution No. 2002-2 — "A Resolution of the City Council of the City of Huntington Beach Modifying Benefits and Salary for Calendar Year 2002 for the Elected City Attorney." The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen City Council) Continued to 1122102 to Consider Adoption of Resolution No. 2002-3 Modifying Salary and Certain Benefits for the Elected City Clerk (720.20) Following discussion as per the preceding agenda item, a motion was made by Bauer, second Cook to continue to 1122102 consideration to approve and adopt Resolution No. 2002-3 — "A Resolution of the City Council of the City of Huntington Beach Modifying Benefits and Salary for Calendar Year 2002 for the Elected City Clerk." The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (City Council) Continued 1/22/02 to Consider Adoption of Resolution No. 2002-4 Modifying Salary and Certain Benefits for the Elected City Treasurer (720.20) As per the preceding two agenda items, a motion was made by Bauer, second Cook to continue to 1/22/02 consideration to approve and adopt Resolution No. 2002-4 — `A Resolution of the City Council of the City of Huntington Beach Modifying Benefits and Salary for Calendar Year 2002 for the Elected City Treasurer." The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (City Council) Approved Professional Services Contract with Brian A. Stirrat & Associates (BAS) for the Southeast Reservoir Site Acquisition from AES Huntington Beach Development Inc. - Environmental Assessment and Preliminary Geotechnical Evaluation, CC-1175 (600.10) The City Council considered a communication from the Public Works Director regarding the following: The city has an Option Agreement with AES Huntington Beach Development, Inc. to (10) ,January 7, 2002 - Council/Agency Minutes - Page 10 purchase one of two possible parcels at the AES generating facility for the purpose of constructing a 10 million gallon water reservoir and booster pumping station. The Option Agreement with AES is expressly understood to be in an "as is" condition. The staff report further sets forth that professional services are required to evaluate.each of the sites for hazardous materials, estimate the cost of demolition and remediation, perform Geotechnical evaluations, determine encumbrances and restrictions on the property, and estimate the cost risk for the city to purchase either of the sites. Funding Source: $106,000 Water Master Plan Fund Account. A PowerPoint presentation titled Southeast Reservoir Site Acquisition - Environmental Assessment and Preliminary Geotechnical Evaluation was included in the agenda packet. Principal Civil Engineer Tom Rulla presented the afore -mentioned PowerPoint slide report. In response to Councilmember Bauer's inquiry, staff reported on the city's obligation to pay for due diligence. A motion was made by Dettloff, second Bauer to: 1. Approve the Professional Services Contract between the City of Huntington Beach and Bryan A. Stirrat & Associates to provide an Environmental Assessment and Preliminary Geotechnical Evaluation for the Southeast Reservoir Site and authorize execution by the Mayor and City Clerk; and 2. Authorize the Director of Pubfic Works to expend up to $106,000 to cover contract costs of $94,000, an estimated contingency of $10,000 and supplemental expenditures of $2,000 for agency permit fees and related expenses. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (City Council) Received and Filed Councilmember Dave Garofalo's Letter of Resignation from the City Council - Determined Procedure to Fill Vacancy Pursuant to Huntington Beach City Charter Section 312 (120,40) The City Council considered a communication from the City Clerk regarding the Huntington Beach City Charter requirement for a vacancy on the City Council to be filled by appointment by the City Council. Section 312 of the City Charter sets forth the following: Section 312. Vacancies, Forfeitures and Replacement. (a) Vacancies. A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. (11) January 7, 2002 - Council/Agency Minutes - Page 11 On December 21, 2001 Councilmember Garofalo submitted a letter to the City Clerk submitting his resignation effective on December 26, 2001. The vacancy on the City Council must be filled no later than Sunday February 24, 2002. Also transmitted in the Request for Council Action (RCA) is a report from the City Clerk outlining the procedure that was implemented by Council at the time of the last vacancy on the City Council (1995). Councilmember Dettloff stated that with respect for fairness, all applicants should be afforded the opportunity to be interviewed. Discussion followed on the procedure to be taken, including that each Councilmember would submit to Mayor Pro Tern Bauer a short list of questions for Council to ask of interviewees. Noticing and posting requirements and the issuance of press releases were respectively addressed by the City Clerk and Communications & Special Projects Director Rich Barnard. A motion was made by Dettloff, second Green to: 1. Receive and file the Letter of Resignation from Councilmember Dave Garofalo; and 2. Approve the following appointment procedure and timeline to follow for Council to fill.the Council vacancy: a) Applications available at City Clerk's Office at 10:00 a.m., January 8, 2002. b) Mayor Pro Tern Bauer appointed to receive from each City Councilmember a list of questions for applicants by January 22, 2002. c) Applications due on Friday, January 25, 2002 at 4:00 p.m. at City Clerk's Office. d) Interviews scheduled beginning January 28, 2002 at 2:00 p.m. at Adjourned Council Meeting, Room B-8. Interviews to be continued if necessary to January 29, 2002 at 5:00 p.m. e) Selection and Appointment to Council vacancy to be made Friday, February 1, 2002 at 1:00 p.m. at Adjourned Council Meeting, Council Chambers. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (12) January i, 2002 - Council/Agency Minutes - Page 12 (City Council) Adopted Ordinance No. 3533 — To Rezone Real Property on the North Side of Yorktown Avenue, West of Ranch Lane — (2134 Main Street) — Sunrise Assisted Living (Wayne Sant -Sunrise Development, Inc.) (Zoning Map Amendment No. 01-02) (450,20) After the City Clerk read by title, a motion was made by Green, second Dettloff to adopt 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 worth Side of Yorktown Avenue, West of Ranch Lane (Zoning Map Amendment ivo. 01-02)." The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (City Council) Approved Adoption 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) (450.20) After the City Clerk read by titles, a motion was made by Green, second Boardman to adopt the following Ordinance Nos. 3520 through 3532 by roll cal] vote: 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 District," 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 (13) January 7, 2002 - Council/Agency Minutes - Page 13 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. 3528B -'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 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: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (City Council) Continued to 1/22102 for Introduction of Ordinance No. 3534 Adding Chapter 5.71 to the Municipal Code Relating to the Escort Ordinance (640.10) Upon Police Chief Ronald Lowenberg's request, a motion was made by Green, second Boardman to continue to the January 22, 2002 City Council meeting, introduction of Ordinance No. 3534 - "An Ordinance of the City of Huntington Beach Adding Chapter 5.71 to the Huntington Beach Municipal Code Pertaining to Escort Services." The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (14) January 7, 2002 - Council/Agency Minutes - Page 14 (City Council) Approve, as Amended, to Direct the Public Information Office (PIO) to Meet Periodically with the Orange County Register Orange Editorial Board as a Result of Mayor Pro Tern Ralph Bauer's Council Memo Request for a Possible Response in Reference to the 12121/2001 Newspaper Editorial in the Re: the City's Infrastructure Program and the Howard Jarvis Property Tax Lawsuit (160.10) The City Council considered a communication from Mayor Pro Tern Ralph Bauer transmitting the following Statement of Issue: On December 21, 2001, the Orange County Register published an editorial, titled Hard Sell in H.B., that was highly critical of the City of Huntington Beach. A copy of that editorial is enclosed. I have also enclosed some thoughts that are in the nature of a point -by - point response to that editorial. Since the Register is the newspaper of largest circulation in Orange County and has substantial influence, it would seem appropriate for the Huntington Beach Council to make some sort of a response. There are some who say that because a newspaper always has the last word and they purchase ink by the barrel, any response to inappropriate allegations is a waste of time. On the other hand, my experience suggests that a lack of response is much like that which gives the schoolyard bully his power. The bully will continue until someone with enough courage, strength, and resolve challenges him. I am not sure that we have yet seen anyone with those traits to deal with the bullying tactics of the Register. Perhaps this Council has these traits and can strike a blow on behalf of all 34 cities of Orange County. Perhaps the Register will continue their bullying towards local government without opposition. Mayor Pro Tern Bauer's Council memo further sets forth that the following : It thus seems we have at least three alternatives and I would be happy to make the appropriate motion at Council direction: 1. Do nothing; or 2. Appoint a Council Committee to draft a response, signed by the full Council, to the Editorial Board of the Register in the hopes they will publish it; or 3. Request a meeting with the Editorial Board of the Register to discuss the issues they present. Councilmember Dettloff concurred that a response is needed to challenge the editorial board, stating that she would support a group to meet and discuss the matter. Councilmember Green stated the belief that the Orange County Register writes factually, but that its editorial policy leans towards the "libertarian. He informed Council that he does not support a response to be made. Councilmember Green suggested that Mayor Cook draft an opinion piece at the earliest possible time. Councilmember Boardman agreed with Councilmember Green, recommending not to subscribe to said newspaper as an alternative action. Communications & Special Projects Director Barnard spoke regarding having met with the editorial board. Council approved by unanimous consent, with Houchen absent to direct the Public Information Office to meet periodically with the Editorial Board of the Orange County Register. The motion carried by the following roll call vote: AYES: Green, Dettloff, Bauer, Cook, Boardman NOES: None ABSENT: Houchen (15) January 7, 2002 - Council/Agency Minutes - Page 15 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 Tuesday, January 22, 2002, at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. City Clerk and ex-officio ClerWbf 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 -Cleric Mayor -Chaff a