HomeMy WebLinkAbout2002-06-17Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, June 17, 2002
7:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A videotape of the 7:00 p.m. portion of this meeting
is on file in the Office of the City Clerk.
At 5:00 p.m. there being no quorum present, Acting Assistant City Clerk Liz Ehring recessed the
Council to 7:00 p.m. Notification of this anticipated lack of quorum was posted on the door of
Room B-8, near the entrance to the Council Chambers.
Call to Order
Mayor Cook called the regular meetings of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 7:00 p.m. in Council Chambers.
City Council/Redevelopment Agency Meeting Roll Call
Present: Green, Boardman, Cook, Houchen, Winchell, Bauer
Absent: Dettloff had requested to be absent pursuant to City Council Resolution No. 2001-54.
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on June 3, 2002 (Pursuant to Government Code §54957.1(a) (2) Re: Opp v. City
of Huntington Beach - The City Attorney's Report Clarified Her Report Made at the June
3, 2002 Council Meeting (120.80)
City Attorney Gail Hutton reported from her communication distributed to Council in the Late
Communications packet — Re: Opp v. City of Huntington Beach. The City Attorney's report
clarified her report made at the June 3, 2002 Council meeting.
City Attorney Hutton's verbatim report sets forth: On Monday, June 3, 2002, 1 reported at the
City Council meeting that, during the earlier closed session, the City Council voted to direct me
to report out that, in the matter of Opp v. City of Huntington Beach, et al., Orange County
Superior Court Case No. 748927, the Council had, on August 20, 2001, and again on February
19, 2002, voted in closed session to indemnify the individual defendants against the punitive
damages judgment; and in support of this decision, the City Council had made certain findings.
I further stated that the vote to direct me on June 3, 2002, to report out this matter was as
follows: 6 Ayes; 1 No; 0 Abstentions. Ayes: Mayor Debbie Cook, Ralph Bauer, Pam Houchen,
Peter Green, Shirley Dettloff, and Grace Winchell. No: Connie Boardman.
I should have clarified that the vote to indemnity made on August 20, 2001, was as follows: 7
Ayes; 0 Noes; 0 Abstentions. Ayes: Mayor Pam Houchen, Debbie Cook, Ralph Bauer,
Shirley Dettloff, Connie Boardman, Peter Green, and Dave Garofalo.
(2) June 17, 2002 - Council/Agency Minutes - Page 2
Further, the vote on February 19, 2002, was as follows: 5 Ayes; 0 Noes; 0 Abstentions. Ayes:
Mayor Debbie Cook, Ralph Bauer, Shirley Dettloff, Connie Boardman and Grace Winchell.
Council Members Pam Houchen and Peter Green were absent at vote.
Pledge of Allegiance — The Pledge of Allegiance was led by the 4th of July Executive Board
members:
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced Late Communications
regarding agenda items that had been received by her office following distribution of the agenda
packet:
Slide show presentation dated June 17, 2002 from Shari Freidenrich, City Treasurer, titled April
Treasurer's Report.
Communication dated June 17, 2002 from David Guido, President of the Huntington Beach
Coastal Communities Association transmitting his support for the Southeast Redevelopment
Plan. Communication titled Southeast Redevelopment.
The Following Additional Late Communications Were Submitted at the Meeting:
Communication from Bruce Winsatt dated June 17, 2002 in opposition to the proposed zoning
of.the Ellis-Goldenwest Specific Plan to add religious assembly permitted use/development
standards.
Report of Action taken out of Closed Session (08/20/01). Communication from the City Attorney
dated June 17, 2002 re: Report of Action in the matter of Opp v. City of Huntington Beach
Orange County Superior Court case No. 748927 clarifying the vote made on August 20, 2001.
PowerPoint presentation from the Community Services Department titled Huntington Beach
Western States Disc Golf Championship.
Communication from Shirley Carey dated June 14, 2002 titled S.A.V.E. Substance Abuse and
Violence Education Task Force updating Council on the progress of this program.
Communication from Christopher Scheffing titled The Oiler Times June 2002 drunk driving
section with articles in support of the D.A.R.E. (Drug Abuse Resistance) program.
Communication received from Steve Purdue during Public Comments titled Petition requesting
Council to deny ratification of Zoning Text Amendment 02-04 at this time and requesting Council
to form a committee to establish a mutually acceptable interpretation and application of the
RLUIPA (Religious Land Use and Institutionalized Persons Act) law. Number of petition
signers: Nine.
Communication dated June 17, 2002 received from Finch Booker during Public Comments
against the Zoning Text Amendment No. 02-04.
(3) June 17, 2002 - Council/Agency Minutes - Page 3
Presentation to Mayor Debbie Cook and the City Council, of T-shirts by the 4t' of July Board
members Diane Hayden, Pat Steirs, Carole Ann Wall, Margie Bunten, Kelly Rivers, and
Karen Pedersen (160.40)
Presentation to Mayor Debbie Cook and 4t' of July Board, a check for $20,000 by 4t' July
Sponsor SHIITAKE-YA, Timothy Lin, General Manager, and Dan Rousseve, Sales
Representative. (160.40)
Presentation by Mayor Debbie Cook and Nick Tomaino, Chair, Community Services
Commission, checks to the recipients of the Youth Sports Grants (160.40)
The following presentations were made to:
AYSO Region #143 $28,000 Jorggi Delaney
Friends of Huntington Harbour $12,000 Jerry Urner
HB Girls Softball $17,000 Rudy Sass
HBHS Baseball Boosters/
Huntington Valley Little League $5,000 Dan Hay
HBHS Foundation $20,000 Sylvia Garrett
Huntington Valley Little League $13,000 Renee Aumiller
Marina Girls Outdoor Sports $17,000 Angela Lockart
Sea View Little League $20,000 Joe Lavage
South Coast Soccer Club $15,000 Martin Bannan
South Coast Soccer Club $3,000 Martin Bannan
Presentation by Mayor Debbie Cook, of Certificates of Commendations for schools being
named Blue Ribbon Schools by the U.S. Department of Education, to Liz Williams, Principal,
Marine View Middle School; Dr. James Tarwater, Superintendent, Ocean View School District;
Dr. Paul Morrow, Principal, Isaac Sowers Middle School; and Superintendent, Dr. Gary
Rutherford, Huntington Beach Elementary School District. (160.40)
Mayor's Award by Mayor Debbie Cook and Library Services Manager Jan Halvorsen
presented award to Marianne MacKenzie, Library Assistant, Main Street Branch Library.
(160.40)
Public Comments
Christopher Scheffing requested that the DARE (Drug Awareness Resistance Education)
program remain in the City Budget. He informed Council he is a member of FNL (Friday Night
Live) that promotes a drug free life style. Mr. Scheffing submitted a Late Communication .
highlighting two letters from The Oiler Times June 2002 edition thanking organizations similar to
DARE.
Sarah DuVal spoke on how the DARE program has helped her and read from various essays
written by students on how the program works. Ms. Duval stated that this program is invaluable
to the community and should remain in the City Budget.
Brit Masterson stated he was a student of DARE in the 5t' and 8t' grades. Mr. Masterson
presented a PowerPoint report on the DARE "Keep the Program Alive" survey and its impact on
local schools.
(4) June 17, 2002 - Council/Agency Minutes - Page 4
Jesse Kersey, senior at Huntington Beach High School and a member of DARE, stated that the
Officers of DARE treat the DARE youth with honesty and understanding and because of this
program many are drug free today. Ms. Kersey requested that the city keep the DARE program
in the budget.
Rosie Gomez, a junior at Huntington Beach High and a member of FNL (Friday Night Live),
informed Council that to graduate from the DARE program is an honor. She requested the city to
keep this program.
Marilee Jackson informed Council that without the DARE program she does not believe her son
would have had the opportunity to recover from addiction. Ms. Jackson stated that the youth of
today need DARE in their lives and urged the city to maintain the DARE program.
Haley Battis, DARE and Anti Drug Task Force member, asked the city to continue the DARE
program which she stated teaches other lessons in addition to anti -drug and is needed for the
youth of our city.
Shirley Carey, facilitator of the S.A.V.E. Task Force, submitted a Late Communication titled
S.A. V.E. (Substance Abuse and Violence Education Task Force). She updated the City Council
and community on the progress of the S.A.V.E. Task Force board (formerly Huntington Beach
Anti -Drug Task Force). Ms. Carey stated that programs such as DARE are vital to the children in
our communities. Ms. Carey also thanked Council for honoring the Blue Ribbon Schools in our
city.
Chauncey Alexander, member of the Democratic Club of Orange.County, stated that he
believes the parade committee has not cooperated in assisting the disabled to gain access to the
parade route on the 4t' of July. Mr. Alexander requested that the plan used in past years be
continued.
Sally Alexander, member of the Democratic Club of Orange County, stated that she is regretful
that Council changed the policy of cooperation with the Democratic Club regarding the 4t' of July
parade accommodations for the disabled handicap access.
Eileen Ringerman informed Council that she is the President of the Democratic Club of Orange
County. She questioned why the disabled viewer could not have the same section that they
have had in the past to view the parade.
(City Council) Council Responses to Public Comments Re: Handicap Access for Fourth of
July Parade (960.30)
Mayor Cook stated that there may be a legal reason why the change occurred.
Director of Community Services Ron Hagan informed Council that he sent a letter to the
Democratic Club stating that the city cannot provide city resources for handicap access to the
Fourth of July parade as have been provided in the past.
Public Comments Resumed
(5) June 17, 2002 - Council/Agency Minutes - Page 5
Steve Bolinger informed Council that he is a lawyer and to his knowledge there is no legal
reason why the city should not provide the handicap access to the area they have used in the
past years. He stated the city has to allow access to the disabled if the event is open to the
general public.
(City Council) Council Responses to. Public Comments Re: Handicap Access for Viewing
of Fourth of July Parade'— Directed Staff to Review Change of Seating Arrangements
(960.30)
Mayor Cook requested that Mr. Bolinger meet with the City Attorney and Director of Community
Services Hagan to review the reasons for the seating change of location for the disabled for the
4t' of July parade.
Public Comments Resumed
Karen Chepeka, President of Save Our Strays, spoke in favor of a draft ordinance restricting the
display of animals for entertainment or amusement purposes. Ms. Chepeka cited statistics on
deaths and injuries caused by the mistreatment of animals.
Alison Stanley requested Council to place the proposed ordinance "Restricting the Display of
Animals for Entertainment or Amusement Purposes" on a future agenda. Ms. Stanley stated that
adults as well as children have been killed or injured by abused animals and that it poses a risk
to the public's safety.
Gerald Chapman spoke in opposition to the agreement on the Disc Golf Course citing use of the
15 acres takes away from general public use as a picnic area. Dr. Chapman also voiced
concerns regarding the maintenance costs. He questioned the method of cash transactions, the
bid process, and how the dollar fee was determined, and stated that the monthly minimum rent
does not appear in the contract.
Debbie Borden protested the absence of the Invocation at the Council meetings and offered a
prayer.
Tim Geddes thanked Council for their support of the South East Coastal Redevelopment
Project. Mr. Geddes urged Council to take a leadership role in ensuring that the allocation of
funds to the developers of the project is handled properly.
Joseph Jeffrey informed Council that the Charter Amendment petition had been filed in the City
Clerk's office earlier in the day and requested that Council not oppose it. Mr. Jeffrey stated his
belief that this Council does not serve the interest of the whole city and that the voters now have
the opportunity to decide at the ballot box during the November 2002 General Election.
(Council Member Bauer commented on the statements made by the speaker stating that the
Council Members currently live in various parts of the city and having five members instead of
seven members would mean less representation.)
Steve Stanfford expressed his dissatisfaction with the treatment he is receiving from the Police
Department.
(6) June 17, 2002 - Council/Agency Minutes - Page 6
Dave Sullivan recognized the city employees who helped so much in the Memorial Day
ceremonies and also on Flag Day. Dr. Sullivan informed Council that the agreement between
the city and Disc Sports Management appears to be a lease, which would require a "Measure C"
vote of the electorate. He also stated his opinion that the money from the Transient Occupancy
Tax should go the General Fund, not the Redevelopment Agency Fund.
Norm Westwell strongly opposed the escort service fee ordinance stating that this ordinance will
have zero impact because the city does not have this problem.
Joey Racano informed Council that the 301-H waiver bill proposed by Assemblyman Tom
Harman would go before the Governor for signature. Mr. Racano opposed the South East
Coastal Redevelopment Project and the proposed City Charter Amendment. He also stated his
concerns regarding the Ibiza Restaurant appeal to extend hours of operation and allow dancing.
Mr. Racano stated he concurred with the proposed ordinance relating to the display of animals.
(City Council) Announcement of Appointment made of John DeWitt to the Finance Board
by City Council Member Pam Houchen (110.20)
City Council Member Pam Houchen announced her appointment of John DeWitt to the Finance
Board effective July 1, 2002.
(City Administrator's Report) Announcement Made of the Invocation of Two -Years
Service Credit at the July 1, 2002 Council Meeting Offered to all City Employees under
CALPERS (California Public Employee Retirement System) (700.50)
City Administrator Ray Silver presented a communication titled "California Public Employee
Retirement System — Invocation of Two -Years Service Credit Contract Amendment"dated June
17, 2002 recommending establishment and implementation of a Workforce Reduction Incentive
Program as part of the city's 2002-03 budget approval process. City Administrator Silver stated
that the appearance of this item on the agenda meets legal requirements and that the item will
be presented at the July 1, 2002 Council meeting, for submittal with the budget in August 2002.
This communication from the City Administrator dated June 17, 2002 is included in the agenda
packet and allows those who qualify to accept this offer from July 1, 2002 to September 30,
2002 to make a decision.
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's April 2002
Report Titled 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 April 2002.
A motion was made by Boardman, second Cook 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 April
2002, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.
(7) June 17, 2002 - Council/Agency Minutes - Page 7
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: Dettloff
(City Council) Public Hearing Approved Formation of Holly-Seacliff Area
(Ellis-Goldenwest) of Benefit District No. 1 for Financing of Certain Street
Improvements and Related Facilities within the City — Approved First Amendment to
Settlement Agreement Between City and PLC (the Developer) — Approved Introduction of
Ordinance No. 3564 — Adopted Resoultion No. 2002-59 (350.30)
Mayor Cook announced that this was the time scheduled for a public hearing to consider
establishment of the Holly-Seacliff Area of Benefit District No. 1, for the financing of certain
street improvements and related facilities within the City.
The proposed boundaries of the District are more particularly described by the Holly-Seacliff
Area of Benefit District Map, which is on file in the Office of the City Clerk.
The property located within the proposed boundaries of the District may be subject to a charge
to pay a portion of the costs of providing street improvements which benefit the same property.
If, after the date of formation of the District, the property owner either files a final map
(subdivision, parcel or consolidation of property), or applies for a building permit, a
charge and an inflation adjustment will become due and payable.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Deputy Public Works Director Paul Emery presented an oral report.
Council voiced concerns regarding 1.) the interest rate; 2.) construction cost limits; and 3.) the
potential for reimbursement to the property owners for roadway improvements, ie., the
relocation of driveways.
Deputy Public Works Director Emery reported, and City Engineer Dave Webb responded on
driveway relocation stating that it is hard to anticipate future developments but the driveways
are located on the property at the best location.
Mayor Cook declared the public hearing open.
As there were no persons present to speak on the matter and there were no protests filed,
either written or oral, the Mayor declared the public hearing closed.
A motion was made by Bauer, second Green to:
Approve the First Amendment to Settlement Agreement and Mutual General Release with PLC,
and authorize the Mayor to sign and the City Clerk to attest to same;
and
(8) June 17, 2002 - Council/Agency Minutes - Page 8
After the City Clerk reads by title, approve introduction of Ordinance No. 3564 —
`An Ordinance of the City of Huntington Beach Amending Chapter 17.68 of the Huntington
Beach Municipal Code Regarding Area of Benefit Districts,"
and
Conduct a public hearing to consider adopting the Holly-Seacliff Area of Benefit District;
and
Receive and consider the Holly-Seacliff Area of Benefit Report, dated March 20, 2002, prepared
by MuniFinancial Corporation;
and
Receive and consider the Analysis contained in this Request for Council Action (Staff report
included in the agenda packet);
and
Adopt Resolution No. 2002-59 — "A Resolution of the City Council of the City of Huntington
Beach Establishing the Holly-Seacliff Area of Benefit District" that would levy a charge on new
development within the .Holly-Seacliff Area of Benefit District intended to reimburse PLC and the
City for the construction cost of widening Goldenwest Street, Garfield Avenue, Gothard Street
and Main Street, plus the out-of-pocket costs of District formation.
The motion carried by the following roll call vote:
AYES: Green, Cook, Houchen, Winchell, Bauer
NOES: Boardman
ABSENT: Dettloff
(City Council) Public Hearing Held to Consider Zoning Text Amendment No. 02-04
(Religious Assembly in the Ellis-Goldenwest Specific Plan Area No. 7 — s/o Ellis and n/o
Garfield Avenues; w/o Goldenwest and e/o Edward Streets) — Approved Introduction of
Ordinance No. 3563 — Directed Staff to Furnish a List of Other Areas City Wide with
Similar Permitted Uses/Development Standards for Public Assembly (450.30)
Mayor Cook stated that she will abstain on this issue because she is a resident of the quarter
section. Mayor Cook left the Council table.
Mayor Pro Tern Boardman announced that this is the time scheduled for a public hearing to
consider approval to amend Specific Plan No. 7 (Ellis-Goldenwest Specific Plan) by adding
religious assembly as a permitted use as well as development standards for said use. The
development standards would also apply to public schools in the Specific Plan boundaries.
Applicant: Planning Department, City of Huntington Beach
Location: Ellis-Goldenwest Specific Plan Area (south of Ellis and north of Garfield Avenues,
and west of Goldenwest and east of Edwards Streets).
(9) June 17, 2002 - Council/Agency Minutes - Page 9
Environmental Status: This Item is categorically exempt from the provisions of the California
Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Senior Planner Mary Beth Broeren presented a PowerPoint presentation titled Zoning Text
Amendment No. 02-04 — Religious Assembly in the Ellis-Goldenwest Specific Plan which is
included in the agenda packet.
Mayor Pro Tern Boardman declared the public hearing open.
The City Clerk restated for the record, the following Late Communications that pertain to this
public hearing:
Communication dated June 17,2002 from Bruce Winsatt in opposition to the proposed zoning of
the Ellis-Goldenwest specific plan to allow churches.
Communication received from Steve Purdue during Public Comments titled Petition requesting
Council to deny ratification of amendment 02-04 at this time and requesting Council to form a
committee to establish a mutually acceptable interpretation and application of the RLUIPA
(Religious Land Use and Institutionalized Persons Act) law.
Communication dated June 17, 2002 received from Finch Booker during Public Comments
against the Zoning Text Amendment No. 02-04.
Wendell Choy, Pastor and Huntington Beach Pastoral Prayer Association member, informed
Council that they would be filing a petition urging Council to vote to deny ratifying the Zoning
Text Amendment No. 02-04 at this time. Pastor Choy stated that this amendment is in violation
of RLUIPA (Religious Land Use and Institutionalized Persons Act). He requested the City
Council to form a committee with city officials and representatives of the Prayer Association to
reach a fair solution.
Alan Armstrong, attorney for Praise Church, stated that if Zoning Text Amendment No. 02-04
is approved that it should not apply citywide. Mr. Armstrong stated that he believes the church
should be permitted to erect any sign that complies with city code.
Steve Purdue, spokesperson for Pastors Prayer Association of Huntington Beach, submitted a
Late Communication titled Petition requesting Council to.deny ratification of amendment 02-04
at this time and requesting Council to form a committee to establish a mutually acceptable
interpretation and application of the RLUIPA (Religious Land Use and Institutionalized Persons
Act) law. The petition contained nine signatures.
Gerald Chapman informed Council that he is a resident of the Ellis-Goldenwest quarter section
and supports the churches' request to permit religious assembly in this Specific Plan. Dr.
Chapman gave reasons why he believes that if the church is approved it should be considered
as a new use and should conform to the new use standards.
(10) June 17, 2002 - Council/Agency Minutes - Page 10
Reverend Derek Anunciation, Pastor, Praise Christian Church, addressed Council and
explained the process he has been going through with various city departments to comply with
the city's zoning codes. He informed Council that at this time his congregation is meeting under
a canopy in the Ellis-Goldenwest location and requested Council to approve Zoning Text
Amendment No. 02-04. Reverend Anunciation stated that if proposed Zoning Text Amendment
No. 02-04 is approved; he will be able to proceed with his request for a Conditional Use Permit.
Carol Townson stated that in her opinion the Ellis-Goldenwest Specific Plan complies with
RLUIPA law so there should not be a problem approving Zoning Text Amendment No. 02-04.
Finch Booker referred to his communication against the Zoning Text Amendment No. 02-04
(listed under Late Communications received during the meeting). Mr. Booker stated that the
RLUIPA law is a new law and that he believes it necessary to state for the record his concerns;
also to help the Council understand the seriousness of the overall issues regarding fairness,
significant burden, and effective use.
Norm Westwell opposed the proposed Zoning Text Amendment No. 02-04 stating that it
appears to be in violation of RLUIPA. Mr. Westwell stated his belief that the city is in need of
more churches and that the city should help these organizations by making it easier to comply
with the city's zoning requirements.
There being no one further present to speak on the matter and there being no further protests,
either oral or written, the Mayor Pro Tern declared the public hearing closed.
Council discussed issues brought forward during the public testimony.
City Attorney Hutton furnished a legal opinion that the new law is in compliance with RLUIPA.
Council Member Green received clarification that Zoning Text Amendment No. 02-04 does not
affect the zoning ordinances in the entire city, only the Ellis-Goldenwest Specific Plan.
Mayor Pro Tern Boardman was informed by staff that the set back requirements, although
problematic, conform to the Ellis-Goldenwest Specific Plan.
A motion was made by Green, second Houchen to: Approve Zoning Text Amendment
No. 02-04 with Findings for Approval (Attachment No.1 below *)
and
After the City Clerk reads by title, approve introduction of Ordinance No. 3563 —
"An Ordinance of the City of Huntington Beach Amending SP 7 (Ellis Goldenwest Specific Plan)
by Adding Religious Assembly as a Permitted Use as well as Development Standards for
Religious Assembly and Public School Uses".
The motion carried by the following roll call vote:
AYES:
Green, Boardman, Houchen, Winchell, Bauer
NOES:
None
ABSENT:
Dettloff
ABSTAIN:
Cook
(11) June 17, 2002 - Council/Agency Minutes - Page 11
*ATTACHMENT NO. 1
SUGGESTED FINDINGS OF APPROVAL
ZONING TEXT AMENDMENT NO. 02-04:
SUGGESTED FINDINGS OF APPROVAL- ZONING TEXT AMENDMENT NO. 02-04:
1. Zoning Text Amendment No. 02-04 which amends SP 7 (Ellis-Goldenwest Specific Plan) to
add religious assembly to the list of permitted uses, add development standards specific to
religious assembly and public school uses, and provide clean-up language to update a
reference to use permit to read conditional use permit, is consistent with objectives, policies,
general land uses and programs specified in the General Plan and any applicable specific
plan. It conforms to the following goals, policies, and objectives in the General Plan:
Policy LU 9.3.3: Require that nonresidential structures incorporated in residential
neighborhoods be designed to be compatible with and convey the visual and physical scale
and character of residential structures.
Objective LU 9.4: Provide for the inclusion of recreational, institutional, religious,
educational and service uses that support resident needs within residential neighborhoods.
Policy LU 9.4.1: Accommodate the development of parks, sports facilities, schools, libraries,
community meeting facilities, religious facilities, and similar community -serving uses in all
residential areas, provided that they are compatible with adjacent residential uses and
subject to review and approval by the City and other appropriate agencies.
Policy LU 9.4.2: Require that institutional structures incorporated in residential
neighborhoods be designed to be compatible with and convey the visual and physical scale
and character of residential structures.
Goal LU 13: Achieve the development of a mix of governmental service, institutional,
educational, and religious uses that support the needs of Huntington Beach's residents.
Objective LU 13.1: Provide for the continuation of existing and development of new uses,
such as governmental administrative, public safety, human service, cultural, educational
infrastructure, religious and other uses that support the needs of existing and future
residents and businesses.
Policy LU 13.1.2: Allow for the continuation of existing and development of new religious
facilities in any land use zone where they are compatible with adjacent uses and subject to
the City review and approval.
2. The proposed zoning text amendment is compatible with the uses authorized in, and the
standards prescribed for, SP 7. The amendments will apply to religious assembly and
public school uses in the SP 7 area. The amendment will not create any inconsistencies
with other provisions in SP 7 because it will only apply to religious assembly and public
school uses.
3. A community need is demonstrated for the proposed zoning text amendment. The
proposed changes will ensure that the City is in compliance with the standards of the
federally mandated Religous Land Use and Institutionalized Persons Act (RLUIPA).
Further, Zoning Text Amendment No. 02-04 will apply specific development standards to
(12) June 17, 2002 - Council/Agency Minutes - Page 12
religious assembly and public school uses to ensure their compatibility with surrounding land
uses.
4. Adoption of ZTA 02-04 will be in conformity with public convenience, general welfare and
good zoning practice. The amendment will result in the City's ability to provide for freedom
of religion and religious assembly in accordance with Federal law and consistent with the
goals and policies of the General Plan.
(City Council) Public Hearing Held — Motion Failed To Consider Appeal Filed by Eugene
Gallagher of Two Conditions of Entertainment Permit for Ibiza Restaurant (209 Main
Street) — Referred Appellant/Applicant to Planning Commission for Conditional Use
Permit Application and to Extend the Hours of Operation as Requested - Continued
Decision to July 1, 2002 Council Meeting (420.40)
Mayor Cook announced that this was the time scheduled for a public hearing to consider the
following:
Appel lant/Applicant: Eugene Gallagher
Request: To appeal two conditions to the entertainment permit issued April 17, 2002 to Ibiza
Restaurant, 209 Main Street, Huntington Beach. The Appellant/ Applicant is requesting: (1) An
extension of the hours of indoor entertainment to 1:30 a.m. and (2) Deletion of the prohibition of
dancing at the location.
Location: 209 Main Street, Huntington Beach, CA 92648
Police Lieutenant Preston Linker presented a PowerPoint presentation titled Entertainment
Permit which was included in the agenda packet.
Mayor Cook declared the public hearing open.
John Gallagher informed Council that he is one of the owners of Ibiza Restaurant. He asked
Council to extend the hours of operation and allow dancing at this location in order to be
competitive with those establishments that currently have these provisions. Mr. Gallagher
stated that if the city's focus is to become a tourist destination, tourists must be offered a
pleasant nightlife, which includes dancing.
As there were no persons present to speak further on the matter and there were no protests
filed, either written or oral, Mayor Cook declared the public hearing closed.
Council was informed by Council Member Houchen that the source of the residential complaints
is no longer an issue because the adjacent property is currently in escrow and the intended use
will be commercial.
Council Member Bauer expressed concern with extended hours as he believes there would be a
need for additional funding to the Police Department. Police Captain William Mamelli reported.
Planning Director Howard Zelefsky informed Council that the Planning Commission is the
appeal level to address the Conditional Use Permit Application.
(13) June 17, 2002 - Council/Agency Minutes - Page 13
A motion was made by Houchen, second Cook to refer Appellant/Applicant to the Planning
Commission for Conditional Use Permit Application and to extend the hours of operation as
requested.
The motion failed by the following roll call vote:
AYES: Cook, Houchen, Winchell
NOES: Green, Boardman, Bauer
ABSENT: Dettloff
A motion was made by Green, second Bauer to continue decision on the appeal filed by Eugene
Gallagher of two conditions of Entertainment Permit for Ibiza Restaurant to the July, 1, 2002
Council Meeting.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: Dettloff
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) The Huntington Beach Tree Society Grant Funds for Street Tree Planting
(Purchase of Replacement Trees) (320.45)
(City Council) Huntington Beach Police Department Business Unit to Fund Department of
Justice Fingerprint Charges (320.10)
(City Council) A Communications Systems Agreement with Motorola for a New MHz Radio
Transmitter Site for Police Dispatch (600.10)
Consent Calendar — Items Approved
On motion by Green, second Boardman Council approved the following Consent Calendar items,
as recommended. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: Dettloff
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council/Redevelopment Agency Adjourned meetings of Thursday, May 30, 2002 and
regular meetings of Monday, June 3, 2002 as written and on file in the Office of the City Clerk.
Submitted by the City Clerk.
(14) June 17, 2002 - Council/Agency Minutes - Page 14
(City Council) Approved Reappointment of Nick Tomaino to the Community Services
Commission for a Term from July 1, 2002 to June 30, 2006 (110.20) — Reappointed Nick
Tomaino to the Community Services Commission for the term of July 1, 2002 through June 30,
2006 as recommended by Council liaisons Mayor Debbie Cook and Council Member Grace
Winchell. Submitted by the Community Services Director. Funding Source: Not Applicable.
(City Council) Adopted Resolution No. 2002-58 — Establishing Residential Curbside
Refuse Collection Rates (Rainbow Disposal Co., Inc. Franchise Agreement) (600.45) —
Adopted Resolution No. 2002-58 — "A Resolution of the City Council of the City of Huntington
Beach Establishing Residential Curbside Refuse Collection Rates." Submitted by the Public
Works Director. Funding Source: Refuse service fees.
(City Council) Approved the Two Re -Appointments of Rick Taylor and Richard Zeleznikar
to the Personnel Commission — Terms to Expire June 30, 2006 (110.20) — Approved the re-
appointments of Rick Taylor and Richard Zeleznikar with terms to expire June 30, 2006 as
recommended by Council Liaisons Mayor Debbie Cook and Council Member Peter Green.
Submitted by the Administrative Service Director. Funding Source: None Required.
(City Council) Approved Cooperative Agreement with the Orange County Transportation
Authority (OCTA) for Establishing a Senior Mobility Program Fund (600.25) —1. Approved
the Cooperative Agreement C-2-0656 between the Orange County Transportation Authority and
the City for Senior Mobility Program, and authorized the Mayor and City Clerk to execute same;
and 2. Directed staff to establish a new fund entitled, "Senior Mobility Program Fund," and
approved the expenditure of those funds to provide senior transportation services upon receipt
from OCTA. Submitted by the Community Services Director. Funding Source: Orange County
Transportation Authority ($109,595), plus 20% in -kind match of $27,399 funded in the current
budget, General Fund, Senior Outreach Program Account.
(City Council) Approved Amendment to Orange County Well Construction Program
Agreement Between the City and the Orange County Water District (OCWD) (600.25) —
Authorized the Mayor and City Clerk to execute the Amendment to the Orange County Well
Construction Program Agreement between the Orange County Water District and the City of
Huntington Beach. Submitted by the Public Works Director. Funding Source: Not Applicable.
(City Council) Approved Subdivision Agreement Between the City and Boeing Realty
Corporation and Accepted Bonds for McDonnell Centre Specific Plan No. 11, Phase II —
(Parcel Map No. 2001-226 — Located w/o Bolsa Chica Street, s/o Rancho Road) (420.70) —
1. Approved and authorized the Mayor and City Clerk to execute the Subdivision Agreement by
and between the City of Huntington Beach and Boeing Realty Corporation for Parcel Map No.
2001-226, and 2. Accepted bonds pursuant to Zoning Administrator's action and instruct the
City Clerk to file the following bonds with the City Treasurer: a. Faithful Performance Bond
number 8183 64 88; b. Labor and Material Bond number 8183 64 88; and c. Monument Bond
number 8183 64 89. Submitted by the Public Works Director. Funding Source: Not Applicable.
(15) June 17, 2002 - Council/Agency Minutes - Page 15
City Council) Adopted Resolution No. 2002-63 — Authorizing Issuance of Special
Tax Bonds and Approved Legal Documents for City of Huntington Beach Community
Facilities District No. 2002-1 (McDonnell Centre Business Park — Improvement Area A)
(350.30) — Adopted Resolution No. 2002-63 —A Resolution of the City Council of the City of
Huntington Beach Authorizing the Issuance of Special Tax Bonds of the City of Huntington
Beach for Improvement Area A of the City of Huntington Beach Community Facilities District No.
2002-1 (McDonnell Centre Business Park), and Approving Other Related Documents and
Actions." Submitted by the Economic Development Director. Funding Source: Costs
associated with the issuance of the Community Facilities District (CFD) bonds will be
funded from the bond proceeds. (See Ordinance No.3557, which was approved for
introduction on June 3, 2002.)
(City Council) Approved Amendment of the National Pollutant Discharge Elimination
System (NPDES) Stormwater Permit Agreement Between the City and the Orange County
Flood Control District (600.25) —1. Approved and authorized the Mayor and City Clerk to
execute the Amendment and Restatement of National Pollutant Discharge Elimination System
Stormwater Permit Implementation Agreement, and 2. Appropriated $350,892 from the General
Fund balance to Account No. 10085102.79025. Submitted by the Public Works Director.
Funding Source: No funding required for the agreement. Unappropriated General Fund balance
in the amount of $350,892 is necessary to ensure permit compliance.
(City Council) Authorized the City Administrator to Execute a Professional Services
Contract with Albert Grover & Associates (AGA) for Traffic Signal System Management
Services — Authorized Appropriation of Funds (600.10) — Appropriated funds in the amount
of $90,000 from the Air Quality Fund and authorized the City Administrator to enter into a
professional services contract with Albert Grover & Associates (AGA) for Signal System
Management Services. Submitted by the Public Works Director. Funding Source: Funds in the
amount of $90,000 will be appropriated from the Air Quality Fund, undesignated balance to
Professionals Services Account.
(City Council) Appropriation from the Huntington Beach Tree Society the Grant Funds for
Street Tree Planting (Purchase of Replacement Trees) (320.45)
Council Member Bauer requested that this agenda item be removed from the Consent Calendar
to highlight the activities of the Tree Society.
A motion was made by Bauer, second Winchell to appropriate $18,000 to fund the purchase of
replacement trees. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: Dettloff
(City Council) Approved Appropriation and Create Huntington Beach Police Department
Business Unit to Fund Department of Justice Fingerprint Charges (320.10)
Mayor Pro Tern Boardman requested that the above agenda item be removed from the Consent
Calendar.
(16) June 17, 2002 - Council/Agency Minutes - Page 16
Mayor Pro Tern Boardman inquired why the city could not charge to cover cost. Police Captain
William Mamelli reported, and clarified that there is no additional cost, that the proposed request
is to establish a business unit to deal with billings and payments.
City Administrator Silver referred to the Fiscal Impact Statement (FIS) in the staff report, and
requested Shawna Krone -Schmidt, Manager, Police Budget and Research, to elaborate.
A motion was made by Boardman, second Houchen to establish a new business unit and
approve the expenditure of those funds to pay for fingerprint fees associated with Department of
Justice billings and appropriate $90,000 annually from the unreserved, undesignated General
Fund Balance to pay for Department of Justice Fingerprint fees billings. The motion carried by
the following roll call vote:
AYES: Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: Dettloff (Green out of room)
(City Council) Authorized Police Chief to Execute a Communications Systems Agreement
with Motorola to Approved Installation of a New MHz Radio Transmitter Site for
Police Dispatch — Authorized Appropriation of Funds (600.10)
Council Member Bauer requested that the above -captioned agenda item be removed from the
Consent Calendar.
Council Member Bauer inquired if the proposed transmitter will take care of. the existing "dead
spots" and what areas are affected.
Police Captain Mamelli reported. He informed Council that the "dead spots" are primarily in the
downtown area and the Bluffs, where the lifeguards have difficulties in transmitting.
Council Member Bauer requested that the Police Department prepare a progress report.
A motion was made by Bauer, second Winchell to approve the appropriation of $424,964.16
from the Holly Seacliff Fund, Number 307; and 2. Authorize the expenditure of $424,964.16 for
a radio transmitter site; and 3. Authorize the Chief of Police to enter into a Communications
System Agreement with Motorola for this project. The motion carried by the following roll call
vote:
AYES:
NOES:
ABSENT
Boardman, Cook, Winchell, Bauer
None
Dettloff (Green and Houchen absent from room)
(City Council) Adopted Resolution No. 2002-60 Calling General Municipal Election
for November 5, 2002 — Election of Officers — Adopted Resolution No. 2002-61
Requesting the County of Orange to Consolidate the City's General Municipal Election
with the Statewide General Election — November 5, 2002 (620.20)
The City Council considered a communication from the City Clerk transmitting two resolutions
for the conduct of the November 5, 2002 General Municipal Election. (Election of four members
of the City Council and a City Attorney.)
(17) June 17, 2002 - Council/Agency Minutes - Page 17
City Clerk Connie Brockway reported.
A motion was made by Winchell, second Bauer to:
1. Adopt Resolution No. 2002-60 — "A Resolution of the City Council of the City of
Huntington Beach, Calling and Giving Notice of the Holding of a General Municipal
Election to be Held on Tuesday, November 5, 2002 for the Election of Certain Officers
as Required by the Provisions of the Charter,"
and
2. Adopt Resolution No. 2002-61 — "A Resolution of the City Council of the City of
Huntington Beach Requesting the Board of Supervisors of the County of Orange to
Consolidate a General Municipal Election to be Held on Tuesday, November 5, 2002,
with the Statewide General Election to be Held on the Date Pursuant to §10403 of the
Elections Code."
The motion carried by the following roll call vote:
AYES: Boardman, Cook, Winchell, Bauer
NOES: None
ABSENT: Dettloff (Green and Houchen absent from room)
(City Council) Approved Introduction as Amended of Ordinance No. 3565 Adding
Huntington Beach Municipal Code Chapter 5.71 Pertaining to Escort Service Businesses
— Adopted Resolution No. 2002-62 Setting Fee Schedule (640.10)
The City Council considered a communication from the Chief of Police informing Council that
there is a need to adopt a new ordinance and fee schedule relating to escort service businesses
in order to assist the Police Department. Currently, there is no formalized process for
monitoring the start-up or regulation of these businesses. At this time, if an escort service
business were to establish itself in the City of Huntington Beach, it would only need a business
license and would pay the standard license fee. However, the majority of these types of
businesses do not have licenses as they operate out of residential dwellings as a outcall
service. This new ordinance would formalize the process of obtaining a business license for all
escort services and all individual escorts that conduct business within the City. Furthermore,
the regulations and restrictions proposed in Chapter 5.71 will assist in discouraging escort
service businesses from degenerating into houses of prostitution, and allow the Police
Department the means of monitoring escort service businesses. If adopted, this ordinance
would require that escort business owners and each individual employee obtain a permit and
license.
Police Lieutenant Preston Linker reviewed the PowerPoint presentation titled Escort Ordinance
Chapter 5.71 which is included in the agenda packet.
Mayor Pro Tern Member Boardman recommended that the ordinance be amended to require
that any conditions of compliance imposed by the Chief of Police, other than those conditions
set forth in the ordinance, must be approved by the City Council.
(18) June 17, 2002 - Council/Agency Minutes - Page 18
The City Clerk read Ordinance No. 3565 as amended by title.
A motion was made by Boardman, second Bauer to:
1. Approve introduction of Ordinance No. 3565 — "An Ordinance of the City of Huntington
Beach Adding Chapter 5.71 to the Huntington Beach Municipal Code Pertaining to
Escort Services," as amended by the following: All employees of the escort services
shall comply with the following conditions and any other conditions specified by the Chief
of Police and approved by City Council on issuance of the employee permit.
and
2. Adopt Resolution No. 2002-62 — "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 Fees
Applicable to Escort Businesses and Escort Employee (Supplemental Fee Resolution
No. 86)."
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: Dettloff
(City Council) Approved Agreement as Amended (One Year) Between the City and Disc
Sports Management for Operation and Maintenance Services of a Disc Golf Course in
Huntington Central Park (n/o Equestrian Center on Goldenwest Street) - Approved
Revenue Proceeds to be Placed in Park Acquisition Development Fund — Directed Staff
to Return to Council to Review Fees Twice a Year — Council Member Winchell Requested
Inclusion of Wording Relative to Measure C Clarifying This is Not a Lease Agreement
(600.35)
The City Council considered a communication from the Community Services Director informing
Council that staff has completed the bid process and has prepared an agreement for Council
approval for the operation of the disc golf course in Huntington Central Park. The disc golf
course in Huntington Central Park was established by the city in 1976. It is located off
Goldenwest Street north of the Huntington Central Park Equestrian Center. Up until 1997, the
city operated the disc golf course and, for the past four years, the city has been in a trial
arrangement with Disc Sports Management (DSM) for the operation of the facility.
Charter Section 612 (Measure C): The agreement between the city and DSM is for the
maintenance and operation of the existing disc golf course in Central Park. There is no
exclusive use of the area. Although there is a fee to use the Frisbee golf facilities, there is no
fee to access the site for walking, picnicking, etc. There are no property rights being sold or
leased to the concessionaire. The concessionaire is operating out of a modular bin that is less
than 3,000 square feet and costs less than $100,000. Since this is a management only
agreement to operate an existing park facility, City Charter Section 612 does not apply. (See
Attachment No. 3 of the staff report included in the agenda packet.)
(19) June 17, 2002 - Council/Agency Minutes - Page 19
Funding Source: Estimated annual revenue of $20,000 proposed for the Park Acquisition &
Development unappropriated fund balance.
Community Services Director Ron Hagan reported on several issues regarding the bid process
and the research done by staff to validate staffs recommendation to approve the agreement
between the City of Huntington Beach and Disc Sports Management.
Council Member Bauer inquired as to how the fee was determined and stated he would like to
see the city cover costs involved in maintaining this area. Community Services Director Hagan
responded.
Mike Balliet, DBA Disc Sports Management, reported on his business operation.
Discussion was held regarding aspects of the operation, including 1) public satisfaction; 2)
revenue derived from the market rate; and 3) maintenance and onsite supervision.
Mayor Cook, Mayor Pro Tern Boardman, and Council Member Winchell stated that the
agreement reads like a lease, which would be in violation of the City Charter, as the electorate
had not approved the lease. Council Member Winchell stressed the need for inclusion in the
agreement that this use, not the agreement, was in effect prior to Measure C and that this is not
a lease.
A motion was made by Houchen, second Boardman to:
1. Approve the Agreement between the City of Huntington Beach and Disc Sports
Management for Operation and Maintenance Services of a Disc Golf Course at
Huntington Central Park, and authorize the Mayor and City Clerk to execute same as
amended to add in Section 5-Fees "with a minimum one year monthly payment of
$1,000 per month;"
and
2. Direct that all revenue received from disc golf course operation be put into the Park
Acquisition and Development Fund as recommended by the Community Services
Commission as amended, for one year instead of five, and directed staff to look at
market rate and charge according to what market will bear and to review it with
Council twice per year when all Community Services fees are presented to
Council.
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: Dettloff
(20) June 17, 2002 - Council/Agency Minutes - Page 20
(City Council) Adopted Ordinance No. 3557 Levying Special Taxes Within the Huntington
Beach Community Facilities District No. 2002-1 (McDonnell Centre Business Park
Improvement Areas A & B) (350.30)
After the City Clerk read by title, a motion was made by Green, second Houchen to adopt
Ordinance No. 3557 - 'An Ordinance of the City of Huntington Beach Levying Special Taxes Within
Improvement Area A and Improvement Area B of the City of Huntington Beach Community
Facilities District No. 2002-1 (McDonnell Centre Business Park)." The motion carried by the
following roll call vote:
AYES: Green, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: Dettloff
(City Council) Adopted Ordinance No. 3562 — Amending Section 254 of the Huntington
Beach Zoning And Subdivision Ordinance — Relating to the Dedication and Reservations
of Land Parcels Parkland In -Lieu Fee — Zoning Text Amendment No. 01-02 (450.20)
After the City Clerk read by title, a motion was made by Boardman, second Green to adopt
Ordinance No. 3562 — "An Ordinance of the City of Huntington Beach Amending Chapter 254 of
the Huntington Beach Zoning and Subdivision Ordinance Relating to the Dedication and
Reservations of Land Parcels." The motion carried by the following roll call vote:
AYES:. Green, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: Dettloff
(City Council/Redevelopment Agency) Adopted Ordinance No. 3561 — Approving and
Adopting the Southeast Coastal Redevelopment Plan (410.05)
After the City Clerk read by title, a motion was made by Green, second Houchen to Adopt
Ordinance No. 3561 —An Ordinance of the City Council of the City of Huntington Beach
Approving and Adopting the Redevelopment Plan for the Southeast Coastal Redevelopment
Project. The motion carried by the following roll call vote:
AYES: Green, Houchen, Winchell, Bauer
NOES: Boardman, Cook
ABSENT: Dettloff
(City Council/Redevelopment Agency) Continued from May 6, 2002 — Approved
Introduction of Ordinance Nos. 3558 and 3559 and Agency Ordinance No. 2 to Amend
City/Agency Transient Occupancy Tax Allocation (TOT) Split (Main Pier Redevelopment
Subarea) (340.55)
The City Council/Redevelopment Agency members considered a communication from the
Administrative Services Director and the Economic Development Director/Deputy Executive
Director of a request to amend the City and the Agency Transient Occupancy Tax Allocation:
In 1988, the City and Redevelopment Agency provided for a 40/60% split of the 10% Transient
Occupancy Tax (TOT) in order to assist in the Agency's financing of certain obligations related
to the hotels to be developed on the Waterfront site in the Main Pier Redevelopment Subarea.
(21) June 17, 2002 - Council/Agency Minutes - Page 21
This allocation of TOT is proposed to be expanded to the entire Main Pier Redevelopment
Subarea.
After the City Clerk read by titles, a motion was made by Green, second Houchen to:
1. Approve introduction of Ordinance No. 3558 — `An Ordinance of the City of Huntington
Beach Amending Chapter 3.28 of the Huntington Beach Municipal Code Relating to
Credit for Transient Occupancy Taxes.
and
2. Approve introduction of Ordinance No. 3559 — `An Ordinance of the City of Huntington
Beach Amending Ordinance No. 2974 to Provide a Credit for the Payment of Transient
Occupancy Taxes to the Huntington Beach Redevelopment Agency."
The motion carried by the following roll call vote:
AYES: Green, Houchen, Winchell, Bauer
NOES: Boardman, Cook
ABSENT: Dettloff
After the Agency Clerk read by title, a motion was made by Green, second Houchen to:
Approve introduction of Agency Ordinance No. 2 —An Ordinance of the Redevelopment Agency
of the City of Huntington Beach Amending Ordinance No. 1 and Levying a Tax on the Privilege of
Occupying a Room or Rooms in a Hotel, Inn, Tourist Home or House, Motel, or Other Lodging
Located Within the Main Pier Redevelopment Sub -Area of the Huntington Beach Redevelopment
Project. "
The motion carried by the following roll call vote:
AYES: Green, Houchen, Winchell, Bauer
NOES: Boardman, Cook
ABSENT: Dettloff
(City Council) Requested the Intergovernmental Relations Committee to Develop an
Energy Policy for the City of Huntington Beach (640.90)
The City Council considered a communication from Council Member Ralph Bauer transmitting
the following Statement of Issue: We have all become more aware of the need for frugality in
energy use. Attached is a column I wrote for the monthly newsletter published by the Orange
County Division of the League of Cities.
Since Huntington Beach has historically been a leader in issues dealing with the environment, it
would seem desirable to develop an energy policy for the city covering the kinds of items
mentioned in the attached column. It is suggested that rather than forming a new Council
committee that the Intergovernmental Relations Committee be assigned the task of developing
an energy policy for Huntington Beach.
(22) June 17, 2002 - Council/Agency Minutes - Page 22
Communication titled Don Y Fool with Mother Nature by Ralph Bauer was included in the agenda
packet.
Council Member Bauer provided an oral report.
A motion was made by Bauer, second Winchell to request that the Intergovernmental Relations
Committee be assigned the task of developing an energy policy for Huntington Beach. The
policy would include direction for exploiting existing technology as well as monitoring evolving
new technology for possible exploitation when it is determined to be cost effective.
The motion carried by the following roll call vote:
AYES: Green, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: Dettloff (Boardman absent from room)
(City Council) Requested Consideration of Whether or Not to Submit a Draft Ordinance to
the City Attorney for Legal Review Re: "Restricting the Display of Animals for
Entertainment or Amusement Purposes" (Save Our Strays) (640.10)
The City Council considered a Communication from Council Members Pam Houchen and Grace
Winchell transmitting the following Statement of Issue: Ms. Karen Chepeka, President of Save
Our Strays, Huntington Beach. (a non-profit organization dedicated to the support and promotion
of animal welfare) and Dr. Alison Stanley, Director of the Orange County Division of the
California Lobby for Animal Welfare, have presented information to us about public safety and
animal cruelty issues related to the display of animals.
The intent of their recommended ordinance (see attachment included in agenda packet) is not only
to protect animals from errant trainers and caretakers, but also to protect the public from dangers
inherent in .the public display of wild and/or domestic animals. The cities of Pasadena, Corona, and
Encinitas have adopted ordinances on this issue. If the City Council is interested in considering
such an ordinance, the draft ordinance needs legal review by the City Attorney's office prior to City
Council action.
Council Member Houchen reported.
Council Members Green and Bauer spoke in opposition to the proposal as "anti -circus."
A motion was made by Houchen, second Winchell to forward the draft ordinance to the City
Attorney's office for review. The motion carried by the following roll call vote:
AYES: Boardman, Cook, Houchen, Winchell
NOES: Green, Bauer
ABSENT: Dettloff
(23) June 17, 2002 - Council/Agency Minutes - Page 23
(City Council) Announcement Made by Council Member Green of the Resignation of
Planning Commissioner Connie Mandic (440.90)
Council Member Green announced the resignation of Connie Mandic from the Planning
Commission. Council Member Green stated that he would announce his new appointee at the
next Council Meeting.
Adjournment — City Council/Redevelopment Agency
Mayor Cook adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach to Monday, July 1, 2002, at 5:00 p.m., in Room B-8 Civic Center, 2000 Main
Street, Huntington Beach, California.
44'� 4RW'za -
City Clerk and ex-officio ClerkA the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of.the City of Huntington Beach, California
ATTEST:
City Clerk -Clerk Mayor -Chairman