HomeMy WebLinkAbout2005-02-22Regular Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Tuesday, February 22, 2005
4:30 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audiotape of the 4:30 p.m. portion of this meeting
and a videotape of the 6:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
The 4:00 p.m. portion of the meeting was recessed by Deputy City Clerk Kelly Mandic to 4:30
p.m. in Room B-8 due to a lack of quorum.
Call to Order
Mayor Hardy called the regular meetings of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 4:30 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Hansen, Coerper (arrived at 4:38 p.m.), Sullivan, Hardy, Green (arrived at 4:34 p.m.),
Bohr, Cook
Absent: None
(City Council/Redevelopment Agency) Joint Study Session Between City Council and
Finance Board Held - 2004 Finance Board Annual Report For Calendar Year 2004
Submitted (110.10)
Finance Board Roll Call
Present: Falzon, Bussiere, Lograsso, Chapman
Absent: Geddes, Domingo
Chairman Charles Falzon gave a PowerPoint report titled HB City Council/Finance Board Study
Session and spoke regarding the City of Huntington Beach Finance Board Annual Report —
2004, both of which were included in the agenda packet. He outlined the Board's prior year's
activities including the formation of three subcommittees. Chair Falzon stated that the Finance
Board has three new members, and the purpose of the study session meeting is to review the
2004 Report and set goals for 2005.
Council discussion ensued relative to Board appointments, disclosure forms, implementation of
Board recommendations, projection of revenue streams, and the communication path with the
Treasurer's Office and the Finance Department.
Additional discussion was held concerning Board goals for 2005 including involvement with the
Cost Allocation & Fee Study, potential follow-up study of Unfunded Liabilities, future roles of the
Board and a Long Term Fiscal Plan. The Mayor and Councilmembers thanked the Board for
(2) February 22, 2005 - CounciUAgency Minutes - Page 2
their work. The City Administrator recognized the Board's efforts with the Neighborhood
Improvement Program and the proposed grants locator service, a Consent Calendar item on the
agenda for the 6:00 p.m. portion of the meeting.
Motion to Recess to Closed Session — Approved
A motion was made by Coerper, second Hardy to recess to Closed Session on the following items.
The motion carried by unanimous consent of all present, none absent.
(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 Marcelino Morales Paniagua, an incompetent, by
and through his Guardian ad Litem, Adeia Paniagua v. Brandon Lee Clark; City of
Huntington Beach, The Orange County Fire Authority; and The City of Westminster, et
al.; Orange County Superior Court Case No_ 809007. Subject: Paniagua v. City of Huntington
Beach, et al. (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 6:00 P.M. — Council
Chambers.
City Council- Redevelopment Agency Roll Call
Present: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
Absent: None
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B).
Mayor Jill Hardy asked City Attorney Jennifer McGrath if there were any actions taken by the City
Council or Redevelopment Agency in Closed Session that required a reporting. City Attorney
McGrath responded that there were no actions to report.
Pledge of Allegiance — Led by Boy Scout Den #10, Pack 101.
Moment of Silence in Honor of the Late Senior Police Officer Mark Hanson, His Family,
and the Police Officers that Serve Us Daily — Mayor Hardy announced the many positions
Senior Police Officer Mark Hanson held within the Huntington Beach Police Department since
1985 as well as his accomplishments, including being awarded the department Medal of Valor
in 2003.
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced Late
Communications regarding agenda items that had been received by her office following
distribution of the agenda packet:
Communication submitted by Doug Fisher, Assistant to Joe Novoa, Director of Construction
Management Services for the Diocese of Orange dated February 22, 2005 titled Negative
Declaration City Council Appeal, Good Shepherd Cemetery.
(3) February 22, 2005 - Council/Agency Minutes - Page 3
Communication submitted by Jennifer McGrath, City Attomey dated February 17, 2005 titled Late
Communication - Item D-3 On February 22, 2005 City Council Agenda Regarding Granting Pipeline
Franchise To Southern California Water Company and Related Construction Agreement.
Communication submitted by David C. Biggs, Director of Economic Development dated February
18, 2005 titled Agenda Item E-8_ Hyatt Regency Transient Occupancy Taxes_
Communication submitted by the Police Department dated February 22, 2005 titled Medical
Marijuana Dispensaries, which is a PowerPoint presentation.
Communication submitted by George Border dated February 14, 2005 (untitled) in opposition to the
8-day per month limit for recreational vehicle (RV) parking.
Communication submitted by Bob Polkow dated February 22, 2005 titled The following is submitted
in opposition to item G2a on 22 Feb council agenda - Unanswered Questions.
Communication submitted by the Police Department dated February 22, 2005 which consists of a
slide to replace Page G-2a.7 of the PowerPoint presentation included in the agenda packet.
Communication submitted by Lane Ferm dated February 22, 2005 (untitled) in opposition to
proposed RV Parking Ordinance No. 3699.
The Following Additional Late Communications Were Submitted During the Meeting:
Communication submitted by Ray Bishop (undated) titled 15 Days Per Month RV Parking.
Communication submitted by Joe Tuso (undated) titled Address to the Huntington Beach City
Council, City Council Meeting, Feb. 22, 2005 regarding proposed RV parking ordinance.
Communication submitted by Peter Petrelis (undated) titled Address to the Huntington Beach
City Council, City Council Meeting, Feb. 22, 2005 regarding proposed RV parking ordinance.
Communication submitted by Rolland Boepple (undated) titled Mayor Hardy —Members of the
Council, Chief Small and Mr. Petrelis regarding proposed RV parking ordinance.
Communication submitted by Michael Cohen (undated) titled Good evening Mayor and
members of the City Council regarding proposed RV parking ordinance.
Presentation - Mayor Jill Hardy called on Ralph Bauer and Ron Shenkman who presented checks
to the Human Relations Task Force, represented by Karen Jackle. Former Mayor Bauer spoke
about current events affecting human relations and the importance of practicing tolerance. He
stated that the sponsorships are intended to enhance the education of young people. (160.40)
Presentation - Mayor Jill Hardy called on Rotary Club of Huntington Beach President Marfeen
Meyer and Huntington Beach Sunrise Rotary Club President Jim Xerikos who accepted
proclamations recognizing the 100th anniversary of Rotary International_ (160.40)
Mayor's Award - Mayor Jill Hardy called on Planning Director Howard Zelefsky who presented the
Mayor's Award to Code Enforcement Officer Nancy Blacksher. Nancy was recognized for her
dedication to the community and her efforts towards enhancing the aesthetics of the City. Also
cited were the many positive qualities attributed to herby her coworkers. (160.40)
(4) February 22, 2005 - Council/Agency Minutes - Page 4
Public Comments
Scott Jones voiced his concerns about graffiti, thanking Council for its efforts towards maintaining
the beauty of the City. He presented a slide show depicting graffiti damage throughout the City, a
copy of which is available in the City Clerk's Office. Mr. Jones encouraged Council to take action to
eliminate the problem.
Councilmember Debbie Cook asked Acting Public Works Director Paul Emery to respond to the
previous speaker's concerns. Director Emery informed of the city painter who remedies graffiti
damage and announced the number to call to report the damage, 714-964-8861. He noted that
response time is typically within 24 hours for damage to public property. Mr. Emery stated that
damage to utility boxes can also be reported to this number and the City will notify the utility
company; damage to private property should be reported to Code Enforcement.
Steve Stafford spoke regarding a subpoena for records, his public records requests, and park, tree
and landscape permits. Mr. Stafford alleged the withholding of public documents and potential
obstruction of justice.
Wendy Mello spoke on behalf of families who are upset that their children received applications for
the Surf City Visa Card. Ms. Mello also communicated her concern regarding the Huntington Beach
Youth Shelter closure in relation to her experience with a teenage runaway.
Norm "Firecracker" Westwell declared his opposition to agenda items concerning a moratorium
on marijuana dispensaries and recreational vehicle (RV) parking. He thanked Councilmember
Cook for voting against the 45-day moratorium, and compared and contrasted prescription medical
marijuana to cigarettes or alcohol_ He encouraged Council to end the moratorium. Mr. Westwell
also spoke regarding the proposed RV parking ordinance, stating that less than four residents per
day complain about RV parking and increased restrictions are unnecessary_
Jean Polkow, 30-year resident and RV owner, asked Council to deny approval of the proposed RV
parking ordinance. She reported on municipal codes in other cities and state automobile
classifications. Ms. Polkow suggested Huntington Beach be the leader rather than a follower. She
asked for protection for what she referred to as a minority group, RV owners.
Bob Polkow referred to written communications he had submitted to Council and asked that
Council enforce the California Vehicle Code rather than creating more legislation.
Joe Tuso, Assistant Wagonmaster for the Huntington Beach Sons of the Beaches Camping Club,
stated his opinion that resident motor home owners are not the problem. He voiced his concern
with restrictions on the amount of time given to prepare and unload after a trip. Mr_ Tuso asked the
City Council to consider giving senior citizens, the handicapped, and others adequate time to
secure their RVs for trips.
Rolland Boepple thanked Council and staff for the time and effort they allotted towards resolving
the RV parking issue_ He spoke regarding unexpected weather and traffic and impacts on travel
schedules. Mr. Boepple asked for the ability to phone in with short notice requests to get a permit
and suggested that basic permits be valid for 48 hours.
Peter Petrelis, Chairman of the Huntington Beach Recreational Vehicle Owners Committee and
39-year resident, declared the proposed eight day permit maximum very stringent. He urged
Council to increase the number of permit days to sixteen and asked for verbiage in the ordinance to
allow for contiguous use of the permits_
(5) February 22, 2005 - Council/Agency Minutes - Page 5
Gerald A. Jones, affiliated with the Huntington Beach Elk Camper Club, concurred with the
comments of the prior speakers and asked for 72 hours to prepare his RV for a trip. Mr. Jones
stated his opinion that eight 24-hour periods in a month is inadequate.
Dick Lenell, affiliated with the Huntington Beach Recreational Vehicle Owners Group, vocalized his
opinion that the goal of the revised RV parking ordinance is to remove RVs from City streets for
aesthetic reasons. Mr. Lenell spoke regarding non-resident RVs, the protection of minority rights,
and the importance of tolerance.
Michael Cohen, 24-year resident and RV owner, spoke about the requirements for setting up his
RV for travel. He expressed his opinion that eight permit days per month are unacceptable and
urged Council to amend the wording of the ordinance to allow sixteen days_
Jack Redman, 27-year resident, urged Council not to pass the proposed RV ordinance since it
would cause a lifestyle change for many. Mr. Redman opined that the current system works and
needs no changes.
Rosanna Starr spoke regarding her medical condition and why the daily use of her RV is
necessary for both work and home use.
G. Ronald Starr spoke regarding RV parking complaints and parking tickets. He referred to the
lack of RV parking restrictions in Northridge and the value of RVs in earthquake and other
emergency situations. Mr. Starr noted many young families use RVs as well.
Councilmember Debbie Cook announced exceptions to the proposed RV parking ordinance for
medical needs and daily use.
Ray Bishop, 40-year resident and RV owner, spoke about use of RVs for work, pleasure and
community service. He informed Council of trips he'd taken with children's groups and others when
the use of refrigeration and facilities in the RV were necessary. Mr. Bishop voiced his opinion that
eight permit days per month are inadequate and that he agrees with sixteen days per month.
Judith Lewis, 20-year resident, stated that a minimum of 48 to 72 hours is needed to set up her RV
for a trip. Ms. Lewis spoke of Huntington Beach as a tourist destination and the need for the City to
remain RV -friendly.
Gary Jasco, Huntington Beach property owner for 30 years, asked Council to amend the proposed
ordinance to sixteen days to allow for visitors. Mr. Jasco also stated that he requires three days on
either side of a trip to set up and unload his RV.
Don Pico, 40-year resident, announced his opposition to the proposed changes to RV parking. He
stated his opinion that the size restrictions should not be changed.
Sander Gelfand, 24year resident and RV owner, concurred with the prior speakers and voiced his
opinion that the RV parking issue is a minor problem that should not require changes. Mr_ Gelfand
further stated that residents show pride of ownership in their RVs. and in the City.
David Wickersham, 46-year resident, spoke regarding his need for three days on either side of a
trip to load and unload his RV. He asserted that the proposed change in length restrictions is not
fair to current RV owners, and that storage space is expensive and unavailable. Mr. Wickersham
proposed grandfathering the size of currently owned RVs, giving a 72-hour permit for
loading/unloading, allowing sixteen permit days per month, and allowing permit changes as plans
change_
(6) February 22, 2005 - Council/Agency Minutes - Page 6
Steven Martin vocalized his opposition to the proposed RV parking ordinance. He stated that he
needs a couple of days to set up and unload his RV and asked Council for 72 continuous hours or
sixteen permit days.
David Morse gave accolades to the Police Chief and his staff for their efforts. He voiced opposition
to any new legislation and to the reduction from 25-foot RVs to 20-foot RVs in particular. Mr. Morse
spoke further regarding RV use after the Northridge earthquake, effects on taxes and tourism, and
recommended Council allow 25-foot RVs and 16 permit days per month.
Jeanne Nevins asked Council to remove the words "for work" from the proposed RV parking
ordinance and gave examples of a grandmother using an RV daily with her grandchildren. Ms.
Nevins asked Council to be fair to RV owners -residents.
William Stenart stated reasons for his opposition to the proposed RV parking ordinance including
the 24-hour limit being too restrictive, the additional paperwork required of staff, and his opinion that
the proposed ordinance will not resolve the issue. Mr. Stenart suggested an allowance for 72-hour
permits.
Stan Kosalka, 27-year resident, announced his opposition to new parking laws and asked Council
to enforce the laws currently in effect. Mr. Kosalka spoke regarding the volume of RV owners in the
City and encouraged tolerance.
Steve Ray spoke of the investment people make in the RV lifestyle and the potential negative
effects on tourism. Mr. Ray urged caution in increasing restrictions and asked Council not to
penalize the entire RV community for the transgressions of a few.
A motion was made by Sullivan, second Coerper to move forward agenda item G-2a, Ordinance
No. 3699 to after the public hearings_
Councilmember Cook suggested amending the motion to move forward agenda item G-2a to next
on agenda. The maker and second to the motion accepted the amendment.
The amended motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Ordinance No. 3699 Approved for Introduction as Amended to Include
Revision of Maximum Permit Days to 16 and to Strike "For Work" from Section 10.44.062
of the Huntington Beach Municipal Code Regulating Parking Time Limits of Oversized
Vehicles, Recreational Vehicles and Detached Trailers on City Streets (560.20)
The City Council considered a communication from the Chief of Police transmitting the following
Statement of Issue: The Police Department receives numerous calls daily from citizens regarding
oversized vehicles, recreational vehicles and detached trailers parked on City streets. The general
issue is the length of time that these vehicles are parked in the same location on public streets.
The complaining residents believe the recreational vehicles parked on the streets negatively
impact the quality of life in their neighborhoods, creates a safety hazard, are unsightly and clutter
the streets_
(7) February 22, 2005 - Council/Agency Minutes - Page 7
The Municipal Code, in its present form, is not only difficult to enforce, but is also time
consuming and often times does not resolve the original issue for the complaining resident.
This is discouraging for the resident and leaves them believing the Police Department is not
adequately responding to their requests in a timely manner. The vagueness of certain aspects
of the code results in numerous traffic hearings for those who wish to challenge the citations.
The combination of these issues taxes the resources of the Police Department and reduces the
time available to focus on other problem areas in the city.
Police Chief Ken Small presented a PowerPoint report titled Recreational Vehicle Parking City
Council Meeting February 22, 2005, which was updated by a Late Communication and included
in the agenda packet.
The City Council considered two communications in opposition to the revised ordinance which
were included in the agenda packet.
Discussion ensued among Council and staff regarding lengths of RVs, safety factors, overnight
parking definitions, permitting, daily use, and the definition of "reasonable proximity." A
suggestion was made, but not enacted, to consider taking straw votes.
A motion was made by Hansen, second Coerper to approve for introduction as amended
Ordinance No. 3699 — "An Ordinance of the City of Huntington Beach Amending Chapter 10.44
of the Huntington Beach Municipal Code Relating to Oversized Vehicle Parking," amended to
strike the words "for work" from section 10.44.062 and to revise the maximum number of permit
days to sixteen. (Vote to follow)
Mayor Pro Tem Dave Sullivan and Councilmembers Keith Bohr and Cathy Green stated
reasons for their opposition to the motion at hand_
Councilmember Cook suggested amendments concerning overnight parking definitions and a
maximum on the number of continuous days permits may be used. The maker and the second
to the motion declined the suggested amendments.
After the City Clerk read by title, the motion to approve for introduction Ordinance No. 3699, as
amended carried by the following roll call vote:
AYES: Hansen, Coerper, Hardy, Cook
NOES: Sullivan, Green, Bohr
ABSENT: None
(City Council) Continued from February 7, 2005 Council Meeting - Councilmember Don
Hansen Announced Bob Glass as His Individual Appointment to the Investment Advisory
Board (110.20)
Councilmember Hansen announced his appointment of Bob Glass to the Investment Advisory
Board. Mr. Glass is a current Investment Advisory Board member_
(City Administrator's Report) Recognized the Finance Board's Accomplishments Relative to
the Grants Locator Service, Noted City Staff Efforts in Storm Damage Control and Thanked
Mayor Pro Tem Sullivan for Efforts (160.10)
City Administrator Penny Culbreth-Graft recognized the accomplishments of the Finance Board in
bringing the agenda item relating to a grants locator service to Council. She also spoke regarding
the availability of City staff over the holiday weekend for storm damage control and repairs. Forty
(8) February 22, 2005 - Council/Agency Minutes - Page 8
Public Works employees reported to work Presidents' Day weekend_ Administrator Culbreth-Graft
thanked Mayor Pro Tern Sullivan for taking steps to correct a misleading news report.
(City Administrator's Report) Received and Filed Information on Membership in the Orange
County Division of the League of California Cities and Authorized City Administrator to Pay
Dues (150.40)
The City Council considered a communication submitted by the City Administrator transmitting the
following Statement of Issue: At the City Council meeting of February 7, staff was asked to outline
the benefits the city receives from maintaining membership in the Orange County Division of the
League of California Cities (the Division).
City Administrator Cutbreth-Graft orally reported, referring to documents titled C-Item: Membership
in the Orange County Division of the League of California Cities and The Division's Annual Report
which were included in the agenda packet.
Council discussion followed relative to former League leadership, availability of audit results and
reasons for delaying dues payment.
Councilmember Green stated her reasons for voting "No" on this item including: the payment is
not due until April 13't' and the audit is not finished, but is required by the League's bylaws
annually.
A motion was made by Coerper, second Cook to receive and file information on membership in the
Orange County Division of the League of California Cities and to authorize the City Administrator to
pay the dues. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Bohr, Cook
NOES: Green
ABSENT: None
(City Council) Public Hearing Held (Re -Advertised and Re -Scheduled to February 22,
2005 from February 7, 2005) — Denied Approval of Negative Declaration No. 04-02 with
Findings and Denied Adoption of Resolution No. 2005-10 General Plan Amendment No.
04-02 Amending the General Plan Land Use for Three Existing Residential Areas along
Beach Boulevard (Beach Boulevard Residential) (440.50)
Mayor Hardy announced that this was the time noticed for a public hearing to consider the
following:
Public Hearing for the purpose of considering amending the General Plan land use designation to
match the current zoning designation for three existing residential areas along Beach Boulevard -
Applicant: City of Huntington Beach
Property Owner: Various
Request: Negative Declaration (ND): To analyze the potential environmental impacts associated
with the implementation of the proposed project.
(9) February 22, 2005 - Council/Agency Minutes - Page 9
General Plan Amendment (GPA): To amend the General Plan land use designation to match the
current zoning designation for three areas along Beach Boulevard as follows:
Area A — Amend from CG-F2-a-d (Commercial General — Maximum Floor -Area -Ratio of 0.50 —
Auto District Overlay — Design Overlay) to RMH-25 (Residential Medium High Density — Maximum
25 Dwelling Units Per Net Acre) or RM-15 (Residential Medium Density — Maximum 15 Dwelling
Units Per Net Acre) for properties along portions of Stark Ave., Holt Ave., MacDonald Ave., Glencoe
Ave., and Alhambra Ave., west of Beach Blvd.
Area B — Amend from CG-F2-a-d (Commercial General — Maximum Floor -Area -Ratio of 0.50 —
Auto District Overlay — Design Overlay) to RM-15 (Residential Medium Density — Maximum 15
Dwelling Units Per Net Acre) for properties south of Terry Drive, east of Viewpoint Lane, and along
Moonshadow Circle.
Area C — Amend from CG-F2-a-d (Commercial General — Maximum Floor -Area -Ratio of 0.50 —
Auto District Overlay — Design Overlay) to RM-15 (Residential Medium Density — Maximum 15
Dwelling Units Per Net Acre) for properties along portions of A Street and B Street, south of Warner
Ave. and north of Blaylock Drive.
Notice is hereby given that the initial environmental assessment for this item was processed and
completed in accordance with the California Environmental Quality Act. It was determined that this
item would not have any significant environmental effect and, therefore, a negative declaration is
warranted. Negative Declaration No. 04-02 is on file at the City of Huntington Beach Planning
Department, 2000 Main Street, and are available for public inspection and comment by contacting
the Planning Department, or by telephoning (714) 536-5271.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Associate Planner Ricky Ramos presented a PowerPoint report titled Negative Declaration No. 04-
02 General Plan Amendment No. 04-02 (Beach Blvd. Residential), which was included in the
agenda packet.
Councilmembers made several inquiries of staff relating to new developments, renovations of
existing developments, the extent of the zone in question, and the direction in which the City is
moving with these amendments. Staff responded to these inquiries.
Mayor Hardy declared the public hearing open.
Thiet Nguyen, resident since 1981, stated that he owns property in Area B and that his property
provides him with retirement income. Mr. Nguyen requested that the zoning in the area remain
residential.
Steve Ray, speaking on behalf of the Planning Commission, cited the reasons why the Planning
Commission supports approval of this item as recommended.
There being no persons present to speak further on the matter and there being no further
protests filed, either written or oral, the Mayor declared the public hearing closed.
Councilmember Bohr and Mayor Pro Tern Sullivan stated reasons for opposition to the
recommended action_ Councilmembers Cook, Hansen and Green concurred.
(10) February 22, 2005 - Council/Agency Minutes - Page 10
Planning Director Howard Zelefsky spoke regarding the history of this topic and the dilemma for
current property owners.
Discussion ensued regarding the City's goals for future land use, transit considerations, community -
driven interests, and possible mixed -use designations_
A motion was made by Sullivan, second Coerper to deny Negative Declaration No. 04-02 and
General Plan Amendment No. 04-02 and to direct staff to match zoning and General Plan Land Use
to "Commercial."
Councilmember Bohr suggested amending the motion to deny Negative Declaration No. 04-02 and
General Plan Amendment No. 04-02 and to instead direct staff to return with a citywide solution for
addressing zoning inconsistencies. The maker and the second to the motion agreed to the
amendment.
The amended motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Continued to March 7, 2005 - Public Hearing to Consider Appeal Filed by
Applicant Mike Padian, Padian Team Consulting, of the Planning Commission's Approval
of Mitigated Negative Declaration No. 03-08 - Good Shepherd Cemetery, 8301 Talbert
Avenue (NIE Corner of Beach Boulevard and Talbert Avenue) (420.40)
Mayor Hardy announced that this was the time noticed for a public hearing to consider the
following:
Public Hearing to consider appeal of the Planning Commission's Approval of Mitigated Negative
Declaration No. 03-08 (Good Shepherd Cemetery).
Appellant/Applicant: Mike Padian
Request: To analyze the potential environmental impacts associated with a proposed expansion of
Good Shepherd Cemetery. The expansion includes three phases of construction over a seven to
ten year period. The proposed improvements consist of an 85,000 square foot three-story
mausoleum, a 10,000 square foot maintenance facility, one-story garden crypt buildings totaling
100,000 square feet, and construction of approximately 1,850 lineal feet of perimeter fencing.
Location: 8301 Talbert Avenue (northeast corner of Beach Blvd_ and Talbert Ave.)
Environmental Status: Notice is hereby given that the initial environmental assessment for this
item was processed and completed in accordance with the California Environmental Quality Act. It
was determined that this item, with mitigation, would not have any significant environmental effects
and that a mitigated negative declaration is warranted. Mitigated Negative Declaration No. 03-08 is
on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for
public inspection and comment by contacting the Planning Department, or by telephoning (714)
536-5271.
(11) February 22, 2005 - Council/Agency Minutes - Page 11
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
City Clerk Joan L. Flynn restated for the record a Late Communication pertaining to this item:
Communication submitted by Doug Fisher, Assistant to Joe Novoa, Director of Construction
Management Services for the Diocese of Orange dated February 22, 2005 titled Negative
Declaration City Council Appeal, Good Shepherd Cemetery.
A motion was made by Hardy, second Green to continue this item to the March 7, 2005
meeting_ The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Public Hearing Held — Approved Introduction of Ordinance No. 3701
Granting a Water Pipeline Franchise to Southern California Water Company Pursuant to
Resolution of Intention No. 2005-7 Adopted on January 18, 2005 — Directed Staff to return
with the Agreement Regarding Construction of a Water Pipeline on March 7, 2005 (600.45)
Mayor Hardy announced that this was the time noticed for a public hearing to consider the
following:
Notice is hereby given that on January 18, 2005, the City Council of the City of Huntington Beach
adopted a Resolution entitled "A Resolution of the City Council of the City of Huntington Beach
Declaring Its Intention To Grant a Water Pipeline Franchise to Southern California Water
Company." The City Council of the City of Huntington Beach hereby gives notice as follows:
On Tuesday, February 22, 2005, at 6:00 p.m. or as soon thereafter as the matter may be heard, in
the regular meeting place of this City Council, City Council Chambers, City Hall, 2000 Main Street,
Huntington Beach, California, the City Council will conduct a public hearing on whether to adopt "An
Ordinance Of The City Council Of The City Of Huntington Beach Granting A Pipeline Franchise For
Transmitting Water In, Under, Along And Across Streets In The City Of Huntington Beach," If
adopted, this ordinance will grant Southern California Water Company a water pipeline franchise to
provide water service to the Balsa Chica Mesa, pursuant to Decision No. 00-10-029 of the
California Public Utilities Commission_ If granted, the franchise will terminate in fifteen (15) years,
and provides that Southern California Water Company will pay to the City of Huntington Beach an
annual fee consistent with Section 6231(c) of the California Public Utilities Code, as amended from
time to time, and that, in the event such payment is not made, the franchise may be forfeited.
At the above -mentioned time and place any person interested will be heard on the proposed
ordinance. A copy of the proposed ordinance is on file in the City Clerk's office. Any questions on
the proposed ordinance may be directed to Scott Field, Assistant City Attorney, (714) 536-5555.
Any person may mare written protest stating objections against granting the franchise by delivering
the written protest signed by the protestant to the City Clerk at a time not later than 3:00 p-m_ on
February 22, 2005,
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
(12) February 22, 2005 - Council/Agency Minutes - Page 12
City Attorney McGrath reported orally.
Mayor Hardy declared the public hearing open_
City Clerk Joan L. Flynn restated for the record the following Late Communication pertaining to
this public hearing:
Communication submitted by Jennifer McGrath, City Attorney dated February 17, 2005 titled Late
Communication - Item D-3 On February 22, 2005 City Council Agenda Regarding Granting Pipeline
Franchise To Southern California Wafer Company and Related Construction Agreement.
There being no persons present to speak on the matter and there being no protests filed, either
written or oral, the Mayor declared the public hearing closed.
Council discussion followed regarding the Construction Agreement and the Arbitrator.
After the City Clerk read by title, a motion was made by Sullivan, second Bohr, to approve for
Introduction Ordinance No. 3701 — "An Ordinance of the City Council of the City of Huntington
Beach Granting a Pipeline Franchise for Transmitting Water In, Under, Along and Across
Streets, in the City of Huntington Beach" and to direct staff to return with the agreement and the
name of the arbitrator at the March 7, 2005 meeting. The motion carried by the following roll
call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Automatic Aid Agreement for Exchange of Fire, Rescue, and Emergency Medical
Services with the Orange County Fire Authority
(City Council) City Clerk's Report Listing Professional Services Agreements Filed in the City
Clerk's Office Between August 1, 2004 through December 31, 2004
(City Council) Staff to Subscribe to the eCivis Grants Locator Service and Appropriation to
Cover the Cost of the Service for One Year
(City Council) Community Services Department's 2005 Project Self -Sufficiency (PSS) Action Plan
(City Council) Termination of Volunteers of America Lease of Huntington Youth Shelter for Cause
and Staff to Solicit Proposals from Nonprofit Agencies to Reopen and Operate the Shelter
(City Council) Concept of Inflatable, Acoustic Shell for the Huntington Central Park Bandstand
(City Council/Redevelopment Agency) Modifications to the City's 2004-05 Budget, Agency
Resolution No. 355 Electing to Remit to the City Transient Occupancy Tax (TOT) Revenues for
the Hyatt Regency Huntington Beach Allocated to the Redevelopment Agency and
Modifications to the Redevelopment Agency 2004-05 Budget
(13) February 22, 2005 - Council/Agency Minutes - Page 13
(City Council) Resolution No. 2005-13 Requesting the Orange County Board of Supervisors to
Designate All City of Huntington Beach Municipal Fire Stations as Safe -Surrender" Sites for
Newborns
(City Council) Grant Funds from the California State Department of Conservation for Recycling
and Recycling Education Programs
Consent Calendar — Items Approved
On motion by Green, second Sullivan Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Received and Filed the City Clerk's Annual Passport Acceptance Facility
Report for Calendar Year 2004 (100.30) Received and filed the Annual Passport Acceptance
Facility Report for calendar year 2004, as prepared and submitted by the Office of the City
Clerk. Funding Source: Not applicable.
(City Council) Approved Amendments to Agreements for Deferred Compensation Plans
(ICMA Retirement Corporation and Nationwide Retirement Solutions) (600.10) — Approved
the amendments to the Administrative Services Agreements with the ICMA Retirement
Corporation for Plans numbered 107578 (401a for City Administrator), 107694 (401a for
appointed Department Directors), 107695 (401a for elected Department Directors) and 301516
(457 Deferred Compensation Plan). Approved the Amendment to the 457 Deferred
Compensation Plan Administration Agreement with Nationwide Retirement Solutions to reduce
plan administration fees by fund, as identified. This last amendment was inadvertently omitted
from the agenda, but was included in the staff report. Submitted by Acting Assistant City
Administrator. Funding Source: Not applicable.
(City Council) Accepted Bid and Awarded Construction Contract to Gantry Constructors,
Inc. for the Sewer Lift Station "D"; CC-1182 — Authorized Construction Change Order
Expenditures (600.60) —1. Accepted the lowest responsive and responsible bid submitted by
Gantry Constructors, Inc. in the amount of $4,142,900 for Sewer Lift Station "D" Improvements,
CC-1182; and 2. Authorized the Mayor and City Clerk to execute a construction contract in
substantially the same foram as the sample contract attached: and 3. Authorized the Director of
Public Works to expend up to fifteen percent (15%) in construction change orders. Submitted
by the Acting Public Work Director. Funding Source: Funds are budgeted in the Sewer Service
Fund, Lift Stations, Sewer Improvements 51189001.82600. Funding for this project includes
Sewer Service Charge User Fees and an EPA grant of $873,000. The engineer's cost estimate
for this project was $4,764,000.
(City Council) Adopted Resolution No. 2005-14 Finding and Declaring Weeds and
Rubbish a Public Nuisance and Fixing the Council Meeting of April 18, 2005 as the
Administrative Public Hearing Date for Protests and Objections to the Abatement Thereof
(520.80) - Adopted Resolution No. 2005- 14 - A Resolution of the City Council of the City of
Huntington Beach Finding and Declaring That Certain Weeds Growing in the City, and Rubbish
and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing
the Time for Hearing Protests and Objections to the Abatement Thereof' for the April 18, 2005
Council Meeting. Submitted by the Acting Public Works Director. Funding Source: No funds
are required at this time.
(14) February 22, 2005 - Council/Agency Minutes - Page 14
(City Council) Accepted State of California Homeland Security Grant between the City
and the City of Santa Ana for Urban Areas Security Initiatives (UASI) and Approved
Funding for Training (340.80) —1. Accepted the Urban Area Security Initiative Grant between
the City of Santa Ana and the City of Huntington Beach for funding cycle year 200412005; and 2.
Authorized the Chief of Police and the Fire Chief to expend funds to cover the overtime costs for
training their respective personnel; and 3. Established one new fund to 'track the costs and two
business units in the Police and Fire Departments; and 4. Authorized the Mayor and City
Administrator to execute the agreement; and 5. Approved the appropriation of $50,251 to be
reimbursed by the grant from the State of California Department of Homeland Security through
the City of Santa Ana. Submitted by the Chief of Police and the Fire Chief. Funding Source:
Funds, estimated to be $50,251, will be fully reimbursed by the grant from the State of California
Department of Homeland Security. No other matching or in -kind City funds are required for this
grant.
(City Council) Approved Amendment of Employment Agreement with Robert F.
Beardsley (600.10) — Approved an amendment to the June 29, 1998 employment contract
between the City and Robert F. Beardsley. Submitted by the City Administrator. Funding
Source: Not applicable.
(City Council) Deferred to March 7, 2005 - Adoption of Automatic Aid Agreement for
Exchange of Fire, Rescue, and Emergency Medical Services with the Orange County Fire
Authority (600.25)
The City Council considered a communication from the Fire Chief transmitting the following
Statement of Issue: The attached agreement with the City of Huntington Beach and the
Orange County Fire Authority for the exchange of fire, rescue, and emergency medical services
is proposed for adoption.
Mayor Pro Tern Sullivan requested that this agenda item be removed from the Consent
Calendar to express concerns about the expense required to assist Sunset Beach. Fire Chief
Duane Olsen orally reported and responded to Council inquiries.
A motion was made by Sullivan, second Hansen to defer action on this item to the March 7,
2005 meeting. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Bohr, Cook
NOES: Green
ABSENT. None
(City Council) Received and Filed City Clerk's Report as Amended Listing Professional
Services Agreements Filed in the City Clerk's Office Between August 1, 2004 through
December 31, 2004 (100.30)
The City Council considered a communication from the City Clerk transmitting the following
Statement of Issue: The listed agreements are no longer presented to the City Council but are
entered into between city departments and consultants pursuant to the Huntington Beach
Municipal Code. Funds are in the city budget. These agreements have been transmitted to the
City Clerk for official filing and the public record.
(15) February 22, 2005 - CounciilAgency Minutes - Page 15
Mayor Pro Tern Sullivan requested that this agenda item be removed from the Consent
Calendar to ask for clarification on the Professional Services Agreement (PSA) with Barr &
Clark Environmental, Inc. and commented on the stated purpose of the Best Best & Krieger
agreement. Economic Development Director David Biggs responded.
Mayor Hardy inquired about the date of the Hennessey Group PSA. City Clerk Flynn replied,
and announced a clerical error on the chart for Jenkins & Hogin, LLP. The funding box on the
chart for this agreement should be blank.
A motion was made by Sullivan, second Hardy to receive and file the List of Professional
Services Contracts Approved by Department Heads Pursuant to Huntington Beach Municipal
Code Chapter 3.03 and submitted to the City Clerk's Office for the period August 1, 2004
through December 31, 2004 as amended to correct clerical error noted above. The motion
carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Authorized Staff to Subscribe to the eCivis Grants Locator Service,
Approved Appropriation to Cover the Cost of the Service for One Year, and Directed Staff
to Return Within 13 Months with Cost/Benefit Analysis (600.10)
The City Council considered a communication from the City Administrator transmitting the
following Statement of Issue: Authorize subscribing to eCivis Grant Service and approve an
appropriation to cover the cost of the service for one year.
Mayor Pro Tern Sullivan requested that this agenda item be removed from the Consent
Calendar in order to amend by adding No. 3 to the recommended action.
A motion was made by Sullivan, second Bohr to 1. Authorize staff to subscribe for one year to
the eCivis Grants Locator Service; and 2. Approve an appropriation from the unexpended
General Fund Budget of $21,250 to cover the cost of the one-year subscription. and 3. Direct
staff to return within 13 months with the number of increase in grants and a cost/benefit
analysis. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved the Community Services Department's 2005 Project Self -
Sufficiency (PSS) Action Plan (570.50)
The City Council considered a communication from the Community Services Director
transmitting the following Statement of Issue: The Project Self -Sufficiency (PSS) Program,
coordinated by the Community Services Department, requires annual City Council approval of
its Action Plan describing the mission, goals, and objectives.
Councilmember Bohr requested that this agenda item be removed from the Consent Calendar
to thank Susan Edwards, staff, and board members for their efforts_
(16) February 22, 2005 - Council/Agency Minutes - Page 16
A motion was made by Bohr, second Cook to approve the Community Services Department's
Huntington Beach Project Self -Sufficiency Action Plan 2005. The motion carried by the
following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved Termination of Volunteers of America Lease of Huntington
Youth Shelter for Cause and Directed Staff to Solicit Proposals from Nonprofit Agencies
to Reopen and Operate the Shelter (280.10)
The City Council considered a communication from the Community Services Director
transmitting the following Statement of Issue: There is a need to terminate the Volunteers of
America lease of the Huntington Youth Shelter due to noncompliance.
Councilmember Coerper requested that this agenda item be removed from the Consent
Calendar to ask for further clarification of the lease terms. Police Chief Ken Small reported on
the situation and community concerns. City Attorney Jennifer McGrath responded relative to
the lease termination. Community Services Director Jim Engle reported on the status of the
disposition of furniture and equipment.
A motion was made by Coerper, second Cook to 1. Approve the termination of the Volunteers
of America lease of the Huntington Youth Shelter for cause; and 2. Direct staff to solicit
proposals from nonprofit agencies to reopen and operate the Huntington Youth Shelter. The
motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved Concept of Inflatable, Acoustic Shell for the Huntington Central
Park Bandstand (160.40)
The City Council considered a communication from the Community Services Director
transmitting the following Statement of Issue: The Rotary Club of Huntington Beach has
approached the city with a fundraising proposal to purchase and donate to the city a portable,
inflatable, acoustic shell for the bandstand in Huntington Central Park.
Mayor Pro Tem Sullivan requested that this agenda item be removed from the Consent
Calendar to ask for clarification on funding. Community Services Director Engle responded.
A motion was made by Sullivan, second Green to approve the donation of a portable and inflatable
acoustic shell at the Huntington Central Park Bandstand. Funds for said band shell are to be raised
through a donation program spearheaded by the Rotary Club of Huntington Beach. The motion
carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(17) February 22, 2005 - Council/Agency Minutes - Page 17
(City Council/Redevelopment Agency) Approved Modifications to the City's 2004-05
Budget, Adopted Agency Resolution No. 355 Electing to Remit to the City Transient
Occupancy Tax (TOT) Revenues for the Hyatt Regency Huntington Beach Allocated to
the Redevelopment Agency and Approved Modifications as Amended to the
Redevelopment Agency 2004-05 Budget (340.55)
The City Council considered a communication from the Economic Development/Deputy
Executive Director and the Finance Officer transmitting the following Statement of Issue:
Should the Redevelopment Agency's share of transient occupancy taxes from the Hyatt
Regency be remitted to the City's General Fund commencing as of the current fiscal year with
the Redevelopment Agency's debt repayment to the General Fund reduced by the same amount?
Mayor Pro Tern Sullivan requested that this agenda item be removed from the Consent
Calendar to clarify the inclusion of a Late Communication amendment with revised numbers.
A motion was made by Sullivan, second Coerper to City Council Action: 1. Approve the
following modifications to the City's 2004-05 Budget: Increase the amount of Transient
Occupancy Tax revenue budgeted by $1,800,000; and Decrease the Debt Payment Transfer In
by $1,800,000. Redevelopment Agency Actions: 1. Adopt Agency Resolution No. 355 — "A
Resolution of the Redevelopment Agency of the City of Huntington Beach Electing to Remit to
the City of Huntington Beach Transient Occupancy Tax Revenues for the Hyatt Regency
Huntington Beach Allocated to the Redevelopment Agency Pursuant to Redevelopment Agency
Ordinances Nos. 1 and 2,"and 2. Approve the following modifications to the Redevelopment
Agency 2004-05 Budget as amended by Late Communication: Eliminate Transient
Occupancy Tax revenue in the amount of $1,219,800; and Decrease the debt repayment to
the General Fund by $1,800,000, from $4,295,000 to $2,495,000. The motion carried by the
following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Adopted Resolution No. 2005-13 Requesting the Orange County Board of
Supervisors to Designate All City of Huntington Beach Municipal Fire Stations as "Safe -
Surrender" Sites for Newborns (510.10)
The City Council considered a communication from the Fire Chief transmitting the following
Statement of Issue: This resolution designating all Huntington Beach fire stations as "safe -
surrender" sites for newborns is being proposed for adoption. Funding Source: None required.
Mayor Pro Tern Sullivan requested that this agenda item be removed from the Consent
Calendar to highlight the concern for babies_
Councilmember Green gave a description of the services provided by a "safe surrender" site.
(18) February 22, 2005 - Council/Agency Minutes - Page 18
A motion was made by Sullivan, second Green to adopt Resolution No. 2005-13 — "A
Resolution of the City Council of the City of Huntington Beach Requesting the Orange County
Board of Supervisors to Designate All City of Huntington Beach Municipal Fire Stations as
"Safe -Surrender Sites" for Newborns." The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Appropriated Grant Funds from the California State department of
Conservation for Recycling and Recycling Education Programs (810.60)
The City Council considered a communication from the Acting Public Works Director
transmitting the following Statement of issue: The City is the recipient of a grant from the
California Department of Conservation that requires the City to implement soda bottle and can
recycling, recycling education, and recycled product purchasing programs.
Mayor Pro Tern Sullivan had requested that this agenda item be removed from the Consent
Calendar, however due to the lateness of the hour, he declined to comment.
A motion was made by Sullivan, second Coerper to appropriate grant funds in the amount of
$54,657 to the Refuse Education Fund budget. The motion carried by the following roll call
vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT. None
Since the time had reached 11:00 p.m. and per Resolution 2004-95 no meeting shall continue
beyond 11:00 p.m. without a majority vote of the City Council, a motion was made by Green,
second Coerper to continue with the meeting and complete the agenda. The motion carried by
the following roil call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3695 Amending Chapters 13.54 and 12.32 of the
Municipal Code Relating to the a of July Parade Viewing (960.30)
Mayor Hardy stated her opposition based on the 7:00 a.m. reserve start time. She reported on
concerns raised by some Main Street residents and voiced her opinion that a 9:00 p.m. reserve
start time makes more sense.
After the City Clerk read by title, a motion was made by Sullivan, second Green to adopt
Ordinance No. 3695 — "An Ordinance of the City of Huntington Beach Amending Chapters
13.54 and 12.32 of the Huntington Beach Municipal Code Relating to e of July Parade
Viewing." (Approved for introduction as amended February 7, 2005.) The motion carried by the
following roll call vote:
AYES: Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES: Hardy
ABSENT: None
(19) February 22, 2005 - Council/Agency Minutes - Page 19
(City Council) Adopted Ordinance No.3696 Amending Chapter 7.12 of the Huntington
Beach Municipal Code Relating to the Killing or Maiming of Wild Birds (520.15)
After the City Clerk read by title, a motion was made by Sullivan, second Coerper to adopt
Ordinance No. 3696 — "An Ordinance of the City of Huntington Beach Amending Chapter 7.12
of the Huntington Beach Municipal Code Relating to the Killing or Maiming of Wild Birds."
(Approved for introduction February 7, 2005_) The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No.3698 Amending Ordinance No. 3117 and Modifying
the Franchise Agreement between the City and the Southern California Gas Company
(Sempra Energy Corporation) Relative to Lay and Use of Pipes and Appurtenances for
Transmitting, Distributing and Measuring Gas for Any and All Purposes (600.45)
After the City Clerk read by title, a motion was made by Coerper, second Sullivan to adopt
Ordinance No. 3698 — "An Ordinance of the City of Huntington Beach Amending Ordinance No.
3117 which Granted to Southern California Gas Company the Franchise to Lay and Use Pipes
and Appurtenances for Transmitting, Distributing and Measuring Gas for Any and All Purposes. "
(Approved for Introduction February 7, 2005.) The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Adopted Interim Ordinance No. 3700 as Amended Imposing a 30-Day
Moratorium on Permit Issuance to Medical Marijuana Dispensaries (570.10)
The City Council considered a communication from the City Attorney, the Police Chief and the
Planning Director transmitting the following Statement of Issue: Should the City adopt an initial
45-day moratorium on medical marijuana dispensaries?
Police Chief Ken Small presented a PowerPoint report titled Medical Marijuana Dispensaries,
which was submitted as a Late Communication and announced earlier by the City Clerk. Chief
Small recommended pursuing an ordinance that addresses businesses that cause adverse
impacts_
Discussion followed relative to the length of time necessary to study and change zoning, the
process followed, and how changing the process effects the time needed, the types of areas
appropriate for a dispensary, and the lack of safety regulations and Federal Drug Administration
(FDA) oversight regarding this type of medicinal drug.
(20) February 22, 2005 - Council/Agency Minutes - Page 20
A motion was made by Sullivan, second Coerper to adopt Interim Ordinance No. 3700 - "An
Interim Ordinance of the City of Huntington Beach Imposing a Moratorium on Medical Marijuana
Dispensaries" with specific findings regarding the detriment to the public's health, safety and
welfare amended to bypass the Planning Commission and bring an ordinance directly to
Council. The motion failed by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Green, Bohr
NOES: Hardy, Cook
ABSENT: None
A motion was made by Bohr, second Hansen to adopt Interim Ordinance No. 3700 - An
Interim Ordinance of the City of Huntington Beach Imposing a Moratorium on Medical Marijuana
Dispensaries' with specific findings regarding the detriment to the public's health, safety and
welfare amended to bypass the Planning Commission and bring an ordinance directly to
Council and to change from a 45-day to a 30-day moratorium_ The motion carried by the
following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr
NOES: Cook
ABSENT: None
(City Council) Councilmember Hansen Congratulated Eagle Scout William Woods (120.85)
Councilmember Don Hansen expressed his appreciation for the invitation to the ceremony
extended to Councilmember Coerper and himself and congratulated William Woods on his
Eagle Scout confirmation.
(City Council) Mayor Hardy Congratulated New Miss Huntington Beach Nicole Smith and
Court (120.85)
Mayor Jill Hardy congratulated the new Miss Huntington Beach, Nicole Smith and her court.
(City Council) Councilmember Coerper Announced Attendance at Senior Police Officer
Mark Hanson's Funeral and Thanked Police Chief and Staff (120.85)
Councilmember Gil Coerper announced the names of some Council and staff that attended the
funeral for Senior Police Officer Hanson and thanked the Police Chief, his staff, and the
community for their efforts and response.
(City Council) Councilmember Green Commented on Hanson Funeral, Dedication
Ceremony for Flagpole Project at the Pier (120.85)
Councilmember Cathay Green commented on Senior Police Officer Mark Hanson's funeral and
also the dedication ceremony held at the pier for the flagpole project donated by American
Legion 133.
(City Council) Mayor Pro Tern Sullivan Commented on Mark Hanson Funeral (120.85)
Mayor Pro Tern Dave Sullivan stated that he attended Senior Police Officer Mark Hanson's
funeral and was impressed by the solidarity of the Police Department_
(21) February 22, 2005 - Council/Agency Minutes - Page 21
Adjournment — City Council/Redevelopment Agency
Mayor Hardy adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach at 12:05 a.m. to Closed Session meeting Monday, February 28, 2005, at 4:30
p.m., in the Council Chambers, Civic Center, 2000 Main Street Huntington Beach, California.
ATTEST:
Q., -) , � � T -/' JJ. .)
City Clerk -Clerk Of
CityLlerk and ex -off cio Cleflof the City
CoulIcil of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
LW4r