HomeMy WebLinkAbout1994-06-06 (14)MINUTES
CITY COUNCILIREDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach,.California
Monday, June 6, 1994
5:00 p.m. adjourned regular meeting held in Room B-8, Civic Center
6:30 p.m. regular meeting held in Council Chamber, Civic Center
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Silva, Moulton -Patterson, Winchell, Leipzig, Sullivan
ABSENT: Bauer, Robitaille
STUDY SES ION - JOINT MEETING - CITY COUNCILIFINANCE BOARD
FINANCE BOARD ROLL CALL
PRESENT: Scheid, Bohle, Shomaker, Falzon, Voss
ABSENT: Rea, Dettloff
FINANCE BOARD STUDY SESSION (110.10)
Chuck Sheid, Finance Board Chairman, presented the status of the Board stating the material
that had been presented to the Finance Board included the overall Beach Master Plan, budget
material and issues, and the personnel system meet and confer process. He stated the Board
would be reviewing the Water Department infrastructure.
Charles Bohle distributed a communication entitled Joint City Council/Finance Board Meeting. He
stated the Quality Improvement/Process Improvement Program Joint Steering Committee
consisted of Finance Board members Bohle and Dettloff and Councilmembers Bauer and
Sullivan. He expressed support for regionalization and privatization and outlined the most
advantageous method of working with a consultant for an operational evaluation.
Discussion was held between Councilmember Silva and Board members Bohle and Falzon
regarding the distinction between a consultant performing an audit and evaluating the processes.
Chuck Sheid commented on areas where the City had assumed the responsibilities of other
agencies such as CalTrans. He inquired about responsibilities/liabilities of the beach area north
of the pier.
Gail Hutton, City Attorney, reviewed liabilities pertaining to the area.
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Mike Uberuaga, City Administrator, gave a brief summarization stating there were two areas being
reviewed -Process Improvement Program (how we do our job). He stated the permitting process
would be developed as a sample and that the Quality Service Program would be before Council
June 20, 1994. His recommendation was to select two firms. He stated that regionalization was
a high priority and that it was important to go forward with the study.
ADJOURNMENT - FINANCE BOARD/CITY COUNCIL
The joint Finance Board/City Council meeting was adjourned at 5:45 p.m.
sty Council) DISCUSSION HELD REGARDING PUBLIC HEARING - CODE AMENDMENT
NO. 92-5 - DOWNTOWN SPECIFIC PLAN CODE AMENDMENT - "VILLAGE CONCEPT"
DOWNTOWN PARKING MASTER PLAN - INTRODUCTION OF ORDINANCE NO. 3239 (450.30)
Council discussion was held regarding continuation of the Downtown Specific Plan Code
Amendment and the Downtown Parking Master Plan for additional time needed to review.
City Attorney Gail Hutton read Government Code Sections 65453 and 65356 in reference to the
need to return the item to the Planning Commission for consideration if the item before Council
had substantial changes which had not been considered by the Planning Commission.
The Director of Community Development stated that minutes, tapes, and notes must be reviewed
to determine if substantial issues were involved. Further discussion was held.
City Clerk Connie Brockway recommended that if the item was to be continued that it be
continued to a date certain.
(City Council) DISCUSSION HELD RE: RECLASSIFICATION OF WALNUT AVENUE
BETWEEN THIRD STREET AND MAIN STREET - CIRCULATION ELEMENT - ORANGE
COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS (800.10)
The City Administrator stated that Richard Harlow, representing a property owner, Mr. Zeidan,
had submitted a letter requesting continuation of the item pertaining to reclassification of Walnut
Avenue between Third Street and Main Street.
CLOSED SESSION
The Mayor called a Closed Session pursuant to Government Code Section 54957.6 to meet with
its designated representatives regarding labor relations matters - Agency Negotiator: William
Osness, Personnel Director and Daniel Cassidy, Esq., Liebert, Cassidy, & Frierson - Employee
Organizations: Police Officers Association (POA), Municipal Employees Association (MEA), and
Huntington Beach Firemens Association (HBFA). (120.80)
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The Mayor called a 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 - Walter Grantham v. City of Huntington Beach - Orange County Superior Court
Case No. 62 32 76. (120.80)
The Mayor called a 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 - Hassav v City of Huntington Beach, Orange County Superior Court Case
No.481704. (120.80)
The Mayor tailed a Closed Session pursuant to Government Code Section 54957 to consider
personnel matters - appeal of Raymond J. Orlando. (120.80)
DEDICATION OF COUNCIL MEETING - D-DAY
Mayor Moulton -Patterson announced that on the 50th Anniversary of D-Day the City
Council/Redevelopment Agency meeting would be dedicated to the brave men and women who
gave so much to save our nation in one of the darkest times in our history.
FLAG CEREMONY, PLEDGE OF ALLEGIANCE AND INVOCATION
In commemoration of the 50th Anniversary of D-Day, and Memorial Day the flag salute was
presented by members of American Legion Post of Huntington Beach. The invocation was given
by John Jones, Chaplain VFW Post 7368.
CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Silva, Moulton -Patterson, Winchell, Leipzig, Sullivan
ABSENT: Bauer, Robitaille
Mayor Moulton -Patterson stated that Councilmember Bauer was in Normandy for the D-Day
ceremonies.
PRESENTATION - H. B. H. S. BOYS VOLLEYBALL TEAM - CIF VICTORIES
The Mayor presented a commendation to the Huntington Beach High School Boys Volleyball
Team for their "BACK TO BACK" CIF victories, 1993 and 1994. The team was introduced.
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PROCLAMATION - AMERICAN LEGION POST 133 - ALLIED LANDINGS IN FRANCE - 50TH
ANNIVERSARY
The Mayor presented a proclamation commemorating the 50th Anniversary of the Allied landings
in France on June 6, 1944 to John J. Maxwell, Commander, American Legion Post 133.
PRESENTATION - $25,000 - PIER RECONSTRUCTION FUND - PACIFIC COAST HOMES
Craig Rice, Vice President of Pacific Coast Homes, presented a check for $25,000 to Mayor
Linda Moulton -Patterson. The check fulfills Pacific Coast Homes' contribution commitment for the
Pier Reconstruction Fund.
PRESENTATION - SECOND ANNUAL VOLUNTEER CONNECTION DAY - BILL SHANE
Huntington Beach Volunteer, Bill Shane, Volunteer Connection representative, presented an
appreciation gift to Mayor Linda Moulton -Patterson and City Council in recognition of city
participation in the Second Annual Volunteer Connection Day (9,000 volunteers rendered 36,000
hours of service at 70 project sites in Orange County).
PRESENTATION - JANE FAIR - LITERACY VOLUNTEERS 10TH ANNIVERSARY
The Mayor presented a Certificate of Commendation to Jane Fair, President, Literacy Volunteers
of America - Huntington Valley, on their 10th Anniversary.
COUNCIL LIAISON REPORTS
Mayor Moulton -Patterson stated the Council Liaison Reports would be taken out of agenda order
and heard at this time and that Code Amendment No. 92-5, the Downtown Specific Plan rewrite
and Downtown Parking Master Plan would be considered next.
(City Council PUBLIC HEARING - CONTINUED TO JULY 5 1994 - CODE AMENDMENT -
NO. 92-5 - DOWNTOWN SPECIFIC PLAN CODE AMENDMENT - "VILLAGE CONCEPT" -
DOWNTOWN PARKING MASTER PLAN - INTRODUCTION OF ORDINANCE NO. 3239 (450.30)
The Mayor announced that this was the day and hour set for a public hearing to consider Code
Amendment No. 92-5, the Downtown Specific Plan rewrite and Downtown Parking Master Plan.
APPLICATION NUMBER: Code Amendment No. 92-5 - Downtown Specific Plan Code
Amendment - "Village Concept" and Downtown Parking Master Plan
APPLICANT: City of Huntington Beach
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LOCATION: An area bounded by Goldenwest Street, Pacific Coast Highway, Beach Boulevard
ZONE: Downtown Specific Plan
REQUEST: To amend the Downtown Specific Plan for the purpose of scaling down development
standards, creating three (3) planning nodes, establishing affordable housing standards and a
comprehensive parking management plan.
ENVIRONMENTAL STATUS: Covered by the Downtown Specific Plan Environmental Impact
Report
COASTAL STATUS: Local Coastal Plan Amendment
Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and
posted.
The City Clerk announced there had been a communication received by Brian Shalley, Vice
President of the Huntington Beach Company, regarding proposed Code Amendment No. 92-5 as
well as a letter received from Mike Roberts recommending certain changes be incorporated into
the code amendment. These are communications that were received after the agenda packets
had been distributed and are available at the City Clerk's Office and at this meeting for those
persons interested.
Assistant City Administrator Silver stated the public hearing pertaining to the Downtown Specific
would be continued to July 5, 1995 to allow staff time to review issues that had been discussed
during the 5 p.m. Study Session.
A motion was made by Winchell, seconded by Leipzig, to continue the public hearing open on
Code Amendment No. 92-5, the Downtown Specific Plan rewrite and Downtown Parking Master
Plan open to July 5, 1995. The motion carried by the following roll call vote:
AYES: Silver, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille, Bauer
(City Council) RECLASSIFICATION OF WALNUT AVENUE BETWEEN THIRD STREET AND
MAIN STREET - CONTINUED TO JUNE 20, 1994 - CIRCULATION ELEMENT - ORANGE
COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS (800.10)
The City Clerk presented a communication from the Director of Public Works regarding the
reclassification of Walnut Avenue between Third Street and Sixth Street as a collector street.
Assistant City Administrator Silver stated there had been a communication from the Zeidan
representatives of Mr. Zeidan, property owners, requesting to continue the reclassification of
Walnut Avenue to June 20, 1994.
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A motion was made by Silva, seconded by Sullivan to continue the item pertaining to the
reclassification of Walnut Avenue to June 20, 1994. The motion carried by the following roll call
vote:
AYES: Silver, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Robitaille, Sauer
Council Subcommittee Report - Spiking Issue
Mayor Moulton -Patterson stated that the Council would like to go on record as being opposed to
the practice of spiking, and she requested Councilmember Subcommittee Chairman Sullivan to
present a status report. Councilmember Sullivan stated the subcommittee had met three times in
Closed Session. He presented a background report and stated the subcommittee would present
their findings to Council June 20, 1994.
PUBLIC COMMENTS
Late Communications Announced by City Clerk
Pursuant to the Brown Act provisions, the City Clerk announced the following communications
related to Agenda Items were received too late to be included in the agenda packet:
Communication from William Holman, Project Manager, dated June 2, 1994, regarding Rough
Grading and Precise Grading Plans, Tentative Tract Map No. 14009
Communication from Barbara Lichman, Wagner & Lichman, Law Offices, representing Country
View Estates Homeowners Association, dated June 3, 1994, stating concerns regarding Grading
of Ellis-Goldenwest Quarter Section
Communication from ❑r. Duane Dishno, Huntington Beach School District
Superintendent, dated June 3, 1994, regarding Grading Issues - Huntington Seacliff School Site
The City Clerk stated that the material for the agenda item on the conveyance of property from
the Huntington Beach City School District to Seacliff Partners had been redistributed in full to
include previous meeting material. She stated these communications were available at her desk.
Frank Puccilli showed slides and spoke in support of the item pertaining to the Yorktown Street
widening project.
Shirley Czimber, Florida/Utica Task Force, spoke in support of the item pertaining to the Yorktown
Street widening project and stated she was concerned about the safety of pedestrians, bicyclists,
and drivers of vehicles at the Florida/Yorktown intersection due to increased traffic. She stated it
would also improve the looks of the neighborhood.
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Dave Burris, Flodda/Utica Task Force, spoke in support of the Yorktown Street widening project.
He thanked Council and Chief Lowenberg for their help.
Barbara Lichman, representing Huntington Seacliff Homeowners' Association, expressed her
concerns regarding the structures on oil islands and in -fill lots. She stated there were 31
structures built without the conditional use permit being enforced depriving residents of notice and
an opportunity to be heard. She spoke regarding building height measurements. She stated she
lives in a single-family home and was concerned that owners of single family homes had not had
an opportunity to be heard. She stated she would be deprived of light and privacy by a 35'
structure that was not regulated. She requested that the Council amend the code to require
conditional use permits for 25' to 35' heights and expedite to the June 20 Council meeting and
that there should be a moratorium on building permits until the Council takes action.
Chuck Barbara, Vice President on the Board of Huntington Beach Senior Center, gave tribute to
heroic brethren who fell in battle. He spoke regarding city services to senior citizens.
Jerry Bame, representing the Koury property, 200 Main Street, who is the lessor on the lease,
requested Council approval of the agenda item pertaining to the assignment of least to B.J.'s
Chicago Pizzeria. He thanked Assistant City Administrator Silver and Keith Bohr, Assistant
Project Manager, who negotiated the lease with BJ's Chicago Pizzeria that saved the city a
quarter of a million dollars.
Jeanne Collins opposed to ACLU suing schools on behalf of children who due to religious beliefs
wear swords to school. She presented material on the school issue to Council and stated she
believed in separation of state and church.
Patricia Roger-Laude, Huntington Beach Mall Marketing Director, President North Huntington
Beach Business Association, spoke in opposition to the proposed swap meet on which Council
would be hearing an appeal in the near future. She stated she believed the decision to allow the
swap meet was not in the spirit of the new General Plan. She stated it would be a loss of
available business space for the next ten years and it would add traffic. She stated there would
be a potential for increased vandalism. Ms. Rogers-Laude asked Council to take a second look
before they voted, and she stated she would like to schedule a meeting with Council and staff for
further consideration.
Julie Whittington, Country View Estates Homeowners' Association Secretary, showed a two -
minute comparative video of Tract No. 14009 stating there was quite a gradient with the slopes
leading to the road. She asked why the land is built up so much higher. She stated the school
site is four feet higher than the remaining properties. Ms. Whittington stated there was a need for
concrete evidence of intention.
Cory Fist, Huntington Beach High School student, spoke in support of the item pertaining the
Huntington Beach High School stadium entry and skateboard facility.
Kathryn Schwab spoke in support of the agenda item on the skateboard facility.
Richard Henderson, Save Our Kids Board of Directors member, recommended that projects be
placed for a Measure C vote on the ballot when first planned to avoid a two-year delay.
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Chris Sileski distributed photographs of graffiti on wall surfaces and toilets at the beach and
stated it was a problem and out of control.
Jim Williams stated that the event Surf City will bring hundreds of people to Huntington Beach.
He stated the City needs more toilets (portable or otherwise) and to service them more often.
Arvind Midha stated he lived on the southwest corner of the boundary of Island R and that Lot 9
behind him was not compatible to the neighborhood. He stated there was a 7 foot elevation
difference which made the building three stories; that the homes are massive with picture
windows on all four sides which would eliminate all privacy in his back yard. He stated there was
a drainage problem. Mr. Midha requested that all island lots be treated the same, that conditional
use permits be required for heights of 25' to 35', and to stop permits until compatibility issues
have been resolved. He thanked the Mayor and City Council.
In response to Councilmember Leipzig's inquiry, Arvind Midha stated the 7 foot difference was in
elevation and not height of the building.
In answer to Councilmember Leipzig's inquiry, Arvind Midha stated the seven feet was in
reference to elevation and not to height.
Patricia Koch, Business Services Assistant Superintendent for Huntington Beach Union High
School District, spoke in support of the proposed item pertaining to the Huntington Beach High
School stadium entry and skateboard facility.
George Amold stated that a downtown business was not adequately clean on the outside
premises. He spoke in opposition to creating the position of a new Deputy City Attorney. He
stated that toilets were needed on the north side of the pier.
Steve Olim, member of CBI, presented his views on spiking in regards to city employees.
Bill Mello, Citizen's Bureau of Investigation Director, presented his views regarding spiking and
conflict of interest.
Stan Cohen, Citizen's Advisory Board, presented a history of actions considered and approved
for a traffic signal at Delaware and Yorktown beginning in April 1993. He stated that work had not
started.
Mayor Moulton -Patterson stated the City Administrator would address the issue of the
Delaware/Yorktown traffic signal.
Lois Vackar, Huntington Seacliff resident, spoke in opposition to the proposed construction of the
oil island buildout. She stated the current residents will be living in a fish bowl. She stated she
believed that the developer should go back to the drawing board and design houses that are
compatible with the neighborhood.
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Sam Rav stated that every proposed home to be built on Island R is two -stories and
overwhelmingly taller than the present homes already built. He stated that would eliminate the
privacy he had enjoyed since the 1960's.
Kevin Butler requested that the Council investigate the homeless shelter home of on Winslow
Drive. He stated there were a large number of persons in residency that resulted in a decrease of
life quality for the surrounding neighborhood.
Susan Wuckner spoke in opposition to the proposed building on Island R. She stated it was not
compatible with the neighborhood, that she was a single parent and would no longer be able in
enjoy her serene back yard.
Herb Blaylock spoke in opposition to the height of the proposed building on Island R. He
requested that Article 911 of the Huntington Beach Ordinance Code be changed to require
conditional use permits with any roof height of 25' to 35' and to treat all infilled lots the same.
Marilyn Rowe stated she lived in Seacliff in a 1,400 square foot, 3-bedroom home and that all her
windows would be facing what looked like a Ritz -Carlton Hotel.
Gae Brummett, realtor living in Seacliff, stated he believed the developer was destroying the
privacy and view corridors which would lead to decreased property values. He stated this is in
total disregard for the integrity of the neighborhood.
Roy Brummett, Seacliff resident, stated the builder was not willing to work with the residents and
he requested assistance from Council.
Gloria Hemsley, Seacliff resident, stated the residents had been meeting with the developer and
representatives of the city and had stressed the need for compatibility with the existing
neighborhood. She stated she had been led to believe their needs had been considered only to
realize they had not been considered when the models were built. Ms. Hemsley stated she
needed cooperation and help for developing an ordinance to be agendized June 30, 1994, to
review the conditional use permit process and to grant no building permits for the Seacliff area.
John Merzweiler, Viet Nam veteran, stated he wanted to extend his deepest respect for past
veterans and that he hoped there would be no future veterans. He stated there was a need for
more policemen in the downtown area. He stated he is continuing to review campaign
contribution schedules for Councilmember Silva and Mayor Moulton -Patterson.
Jeff Metzel, Huntington Seacliff Homeowners' Association President, stated he was present to
ask Council's help to prevent the proposed construction by modifying Article 911. He stated the
homes were too large for the small lots and that the pads were higher than the adjacent pads; the
ceiling heights were taller on each floor making the windows higher than normal besides windows
being on all sides.
Ed Kerins, Huntington Beach Tomorrow Vice President, stated he considered the building on infill
lots a total city-wide problem. He requested staff to not accept building permit applications.
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Tom Zanic, Seacliff Partners, requested Council approval of the 8.863 acre property conveyance
to the Huntington Beach City School District from Seacliff Partners stating they had met with staff,
neighbors, and Council and he knew of no reasonable cause not to accept. He stated he would
be happy to answer any questions.
J. Riley Fowler, Huntington Seacliff resident, stated that from reviewing the tape of the
May 6, 1991 Council meeting relative to the Negative Declaration No. 90-28 and special impact
conditions and respective mitigation measures he had felt assured that the proposed project
would be compatible with the present Huntington Seacliff homes. He stated there was a question
of accountability since he does not think the homes are compatible.
Gerald Chapman, Countryview Homeowners' Association Vice President, thanked Council for
calling a meeting with staff regarding the grading of the school site. He stated there was a
suggestion at the meeting that the variances wouldn't be necessary if grading was done on
Garfield/Saddleback and to the north at a 4-5% slope from the top of the curb or back boundaries
to allow a gentle rise of property. He requested Council to establish that slope or to return the
proposed project to the Planning Commission for the variance that was needed to allow it in the
first place.
Jerry Buchanan, representing Huntington Beach City School District, referred to a letter sent to
the City by Dr. Dishno and stated that it was believed that they were meeting the spirit and intent
of all grading. He requested Council approval for the item pertaining to the conveyance of 8.863
acres of property to the Huntington Beach City School District.
Mary Ann Salamida stated the entire Island B had been raised which makes the pads five foot
higher than the land used to be. She stated the homes were not compatible and were intrusive
negating the present privacy enjoyed.
Chuck Beauregard,, Save Our Kids Chairman, stated the youth groups were approaching a crisis
situation, and the city should establish the youth as their first priority. He requested that a
resolution be passed before any land could be sold and that the city find suitable land for the
youth groups.
Carrie Thomas, Country View Estates Homeowners' Association, stated the homeowners do not
think the grading issue had been resolved. She stated that the homeowners were never notified
that the lot variances would be done.
Motion to take action on issue of infill lots in lower Seacliff area - Approved
Following discussion, a motion was made by Leipzig, seconded by Sullivan, to make a
determination that the need to take action on the issue of infill lots in the lower Seacliff area arose
subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2).
The motion carried by the following roll call vote:
AYES: Silva, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Bauer, Robitaille
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A motion was made by Leipzig for a short term moratorium for building permits for in -fill projects
that are new construction for thirty days. The motion died for lack of a second.
Melanie Fallon, Community Development Director, commented regarding the necessity of an infill
ordinance. She stated she could return to Council with a set of guidelines similar to those
developed June 1 st but that there was a need for a long term analysis that would take four to six
months.
Councilmember Leipzig suggested that guidelines accompany the moratorium so that all building
on infill lots was not held up for six to nine months.
Following discussion between the Community Development Director and Councilmember Leipzig,
the City Attorney reported on the difference between resolutions and ordinances in regards to
enforcement. She read and commented on the code regarding an urgency measure to protect
public safety, health, and welfare to adopt an interim zoning ordinance prohibiting uses which
may be in conflict with a contemplated General Plan, Specific Plan, or zoning proposal which the
legislative body, Planning Commission, or Planning Department is considering or studying or
intends to study with a reasonable time.
A motion was made by Leipzig, seconded by Winchell, to post moratorium 45-day period for any
development that are in -fill in nature for new construction only that are R-1 residential that do not
conform with the intended adopted ordinance which are the guidelines developed by staff.
Following discussion, Coucilmember Winchell requested that the motion be repeated.
Councilmember Leipzig repeated the motion was for a moratorium for 45 day period on any
development of single family residential units on lots abutting any other single family residential
units whether R1 in the standard zoning code or any Specific Plan designation that is similar
development which does not meet the standards of the guidelines developed so far.
City Attorney Gail Hutton clarified time restraints on the proposed moratorium and she requested
the motion be adopted pursuant to Government Code 65858 interim zoning emergency measure.
Motion for 45-day building moratorium on in -fill lots - Approved
The motion made by Leipzig, seconded by Winchell, to post a moratorium for 45 day period on
any development of single family residential units on lots abutting other single family residential
units whether R1 in the standard zoning code or any Specific Plan designation that is similar
development which does not meet the standards of the guidelines developed so far to pursuant to
Government Code 65858 carried by the following roll call vote:
AYES: Silva, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Bauer, Robitaille
Following discussion, the City Attorney stated she understood the motion to mean no building
permits for in -fill lots. Councilmember Leipzig stated that was correct.
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Sea Wall Graffiti - Beach Toilets Report Requested Regarding Yorktown Avenue Traffic
Siena( And Dial -A -Ride Situation
Following comments by Assistant City Administrator Silver, Ron Hagan, Community Services
Director; reported on the issue of graffiti on the sea wall. He stated it could be painted over but it
would be an expense. He stated portable restrooms would be replaced in the summer months
closer to July 4th in order to prevent additional vandalism.
Police Chief Lowenberg reported that his recommendation would be to paint over the existing wall
with the knowledge that it had to be repeated as needed.
Councilmember Winchell requested a report for the July 5th Council to review cost and impact of
painting the sea wall, new beach facilities (port -a -potty) and stated that the area needed to be
cleaned. She requested that manpower other than staff paint the wall, possibly on a volunteer
basis. Mayor Moulton -Patterson suggested youth groups.
Assistant City Administrator Silver stated that staff does record all comments received and they
are followed up in writing to departments in order to obtain responses for Council.
Mayor Moulton -Patterson requested that follow-up be done regarding the traffic signal at
Yorktown Avenue and the Dial -a -Ride situation.
RECESS -RECONVENE
The Mayor called a recess at 9:30 p.m. The meeting was reconvened at 9:50 p.m.
(City Council) CLOSED PUBLIC HEARING CONTINUED TO JU_NE 20, 1994 - APPEAL BY
COUNCILMEMBER DAVE SULLIVAN OF PLANNING COMMISSION'S CONDITIONAL
APPROVAL OF USE PERMIT NO. 93-90 - SEACLIFF PARTNERS - 18961 GOLDENWEST
STREET - 550 FEET NORTH OF GARFIELD BETWEEN SADDLEBACK LANE AND
GOLDENWEST STREET - PERIMETER RETAINING WALLS (420.40)
The Mayor announced that this was the day and hour set for a public hearing to consider
revisions to the city's ordinance code regarding the appeal of the Planning Commission's
Conditional approval of Use Permit No. 93-29.
APPLICATION NUMBER: Appeal of the Planning Commission's conditional approval of Use
Permit No. 93-90
APPLICANT: Seacliff Partners
APPELLANT: Councilmember Dave Sullivan
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LOCATION: 18961 Goldenwest Street (along the northerly property lines of lots 48 through 62 of
Tract No. 14009, located 550 feet north of Garfield Avenue between Saddleback Lane and
Goldenwest Street.
ZONE: Ellis-Goldenwest Specific Plan
REQUEST: To permit the construction of up to 6.7 foot high tract perimeter retaining walls
topped with up to six (6) foot high block walls (total of 12.0 feet) pursuant to Section 9771 (1) of
he Huntington Beach Ordinance Code.
ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15305, Class 5 of the
California Environmental Quality Act.
COASTAL STATUS: Not applicable
Melanie Fallon, Community Development Director, presented a staff report.
Wayne Carvalho, Assistant Planner, explained the applicant's request using slides and wall
drawings.
Councilmember Sullivan withdrew his request stating he wished to sustain the Planning
Commission decision and he apologized for holding things up.
The Mayor declared the public hearing open.
Tom Zanic, Seacliff Partners, applicant, explained his request and gave a history of the project
recommending approval of the request.
Gerald Chapman, Country View Estates Homeowners' Association, explained the request. He
expressed his disappointment that less than half of the otherwise necessary variances for the
project had been required because of "averaging". He stated he hoped that the Council was
sensitive to the grading issues.
Barbara Lichman, Attorney at Law, stated that the cut and fill was not done in accordance with
the Ellis-Goldenwest Specific Plan and spoke regarding the need for variances.
Legal notice as provided to the City Clerk's Office by staff had been published and posted. The
City Clerk announced she had received a letter from Mr. Brindle.
Communication from William Holman, Project Manager, dated June 2, 1994, re: Rough Grading
and Precise Grading Plans, Tentative Tract Map No. 14009
Communication from Barbara Lichman, Wagner & Lichman, Law Offices, and representing
Country View Estates Homeowners Association, dated June 3, 1994, stating concerns regarding
Grading of Ellis-Goldenwest Quarter Section
Communication from Dr. Duane Dishno, Huntington Beach School District and Superintendent,
dated June 3, 1994, regarding Grading Issues - Huntington Seacliff School Site
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There being no one present to speak further on the matter and there being no further protests
filed, either oral or written, the hearing was closed by the Mayor.
Councilmember Leipzig stated he would like the retaining wall no higher than the Planning
Commission approved. He presented questions regarding "averaging" and the Planning
Commission's past understanding of it.
Howard Zelefsky, Community Development Planning Director, responded to Council questions.
Bill Holman, Seacliff Partners, Lots 48, 49, 50 did not require variances. He stated the following
lots received variances: No. 51 - 2' fill, No. 52 - 2'4" fill, No. 53 - 27" fill, No. 54 - 3'1" fill, No. 55 -
3'5" fill, No. 56 - 3'9" fill, No. 57 - 37' fill, No. 58 - 4'3" fill, No. 59 - 3'5" fill, No. 60 - 21" fill,
No. 61 - 21" fill, No. 62 - 1'1" fill. He stated that at the rear of lots the natural grade fell away from
average grade. Exposed height is 112".
In answer to Councilmember Sullivan's inquiry, the Community Development Director stated
averaging is done by the middle point of the lot.
Steve May, Principal Engineer, Public Works Department, reported.
Councilmember Sullivan referred to the memo to Robert Eichblatt, City Engineer, from Steve May,
Principal Engineer.
Mr. May, Principal Engineer, clarified his memo.
Discussion between Councilmember Sullivan and Steve May, Principal Engineer, regarding
averaging pad, cut and fill.
Councilmember Leipzig stated that building permits should not be pulled until the standards were
reviewed and incorporated into an ordinance.
A motion was made by Leipzig to continue the decision on the public hearing of Use Permit
No. 93-90 to June 20, 1994.
Melanie Fallon, Community Development Director, asked for Council direction to ascertain what
staff is to accomplish during the time frame between the continuance of the item and the
June 20, 1994 Council meeting.
Councilmember Leipzig stated that 4.3' should be a standard for the highest retaining wall. He
stated his reason for continuing the decision on the public hearing was to allow staff and the
applicant the opportunity to discuss that with him.
IVA
Page 15 - Council/Agency Minutes - 06/06/94
The motion made by Leipzig, seconded by Moulton Patterson, to continue the closed public
hearing of Use Permit No. 93-90 to June 20, 1994 carried by the following roll call vote:
AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Silva, Bauer, Robitaille
Councilmember Silva left the Council meeting.
(City Council) PUBLIC HEARING - APPROVED - REPROGRAMMING OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)FUNDS - NEGOTIATION FOR PROPERTY
ACQUISITION - 704 YORKTOWN AVENUE - YORKTOWN AVENUE WIDENING PROJECT -
HOUSING REHABILITATION LOAN PROGRAM - MOBILEHOME PRIORITY (340.70
The Mayor announced that this was the day and hour set for a public hearing to reprogram
Community Development Block Grant (CDBG) Funds in the amount of $338,000 from the LOGOS
Program, Expansive Soils Project, and Contingency.
Barbara Kaiser, Deputy City Administrator/Economic Development presented a communication
regarding reprogramming CDBG funds and approval to negotiate for property acquisition for the
Yorktown Avenue widening project.
Barbara Kaiser, Deputy City Administrator/Economic Development, presented a staff report.
The Mayor declared the public hearing open.
The City Clerk announced a communication from Frank Puccilli, Huntington Beach Florida/Utica
Task Force, regarding Yorktown Avenue Widening Project had been received.
Frank Puccilli presented slides and spoke in support of the Yorktown Avenue widening project.
Michael Simon, Huntington Beach Union High School District trustee, spoke in support for
approval for the pedestrian and bicycle lane stating that he believed it was a dangerous area.
Joyce Riddel, Chamber of Commerce President, stated the east/west route leading to the Civic
Center was a highly traveled route, that the pedestrians and bicyclists compete for space and that
based on safety, she was in support of the Yorktown Avenue widening project.
Dianne Easterling, Huntington Beach Tomorrow Director, read a statement on behalf of
Huntington Beach Tomorrow and spoke in support of the Yorktown Avenue widening project.
She stated she believed it would decrease the number of traffic accidents and improve the quality
of life in the area.
Barbara Kimbrough, Florida/Utica Task Force, spoke in support of the Yorktown Avenue widening
project stating it was a congested and heavily traveled. She stated that although the stop sign
has helped, she believed the intersection needed to be rebuilt.
15
Page 16 - Council/Agency Minutes - 06/06/94
There being no one present to speak further on the matter and there being no further protests
filed, either oral or written, the hearing was closed by the Mayor.
A motion was made by Winchell, seconded by Leipzig, to approve the reprogramming of
$338,000 for two projects: the purchase of land for the Yorktown Avenue widening project with
the balance for the Housing Rehabilitation loan program with priority for mobilehome owners and
authorize staff to enter into negotiations for property acquisition of 704 Yorktown Avenue. The
motion carried by the following roll call vote:
AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Silva, Bauer, Robitaille
(City Councill PUBLIC HEARING - CODE AMENDMENT NO. 91-10 - ENVIRONMENTAL
ASSESSMENT NO. 91-32 - PROPOSED ZONING AND SUBDIVISION ORDINANCE - DIVISION
9 REWRITE - CONTINUED OPEN TO JUNE 20, 1994 - APPEAL PROCESS TO BE RETURNED
TO COUNCIL (640.10)
The Mayor announced that this was the day and hour set for a public hearing to consider the
Negative Declaration No. 91-32 - Code Amendment No. 91-10 Zoning and Subdivision Ordinance
Rewrite.
APPLICATION NUMBER: Code Amendment No. 91-10/Environmental Assessment No. 91-32
APPLICANT: City of Huntington Beach, Department of Community Development
REQUEST: Repeal existing Huntington Beach Ordinance Code (Division 9) and establish a new
zoning and subdivision ordinance for inclusion in the Huntington Beach Municipal Code. The new
ordinance updates the zoning and subdivision provisions by incorporating current planning
principles and planning requirements of state law, deleting duplications and conflicts, and
streamlining review processing.
COASTAL STATUS: An amendment to the Huntington Beach Local Coastal Program
Implementing Ordinances will be filed with the California Coastal Commission following adoption
by the City Council.
Public Hearing Topic for June 6 1994
TITLE 20: General Provisions
Title, Components, and Purpose
Organization, Applicability, and Interpretation
Definitions
Use Classifications
Page 17 - Council/Agency Minutes - 06/06/94
TITLE 24: Administration
Zoning Permits
Conditional Use Permits and Variances;
Waiver of Development Standards
Design Review
Coastal Development Permit
Development Agreements
Amendments
Notices, Hearings, Findings, Decisions and Appeals
Enforcement
Melanie Fallon, Community Development Director, presented a staff report with slides. She
stated this was the first public hearing on the Division 9 Rewrite and that they would continue
through August 15. The next public hearing on Title 22 and 25 would be June 20, 1994.
The Mayor declared the public hearing open.
There being no one present to speak on the matter and there being no protests filed, either oral
or written, the hearing was closed by the Mayor.
A motion was made by Sullivan, seconded by Leipzig to approve Titles 20, General Provisions,
and Title 24, Administration, of the Proposed zoning and Subdivision Ordinance rewrite as
recommended by the Planning Commission, and continue the public hearing open to
June 20, 1994 and to return to Council with added language to the code to clarify the process by
which a Director would inform the approving body of any changes made to Conditional Use
Permits in a timely manner to allow the appeal process. The motion carried by the following roll
call vote:
AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Silva, Bauer, Robitaille
Councilmember Leipzig addressed the provision that would allow a Director to make minor
changes to an approved Conditional Use Permit and stated that a provision in the ordinance
should be made whereby the Director would report such action to the approving body.
Howard Zelefsky, Planning Director, suggested a procedure of having any Director decisions
embodied into the Planning Commission Agenda so that any changes to the Conditional Use
Permit would be known. He also suggested posting Community Development decisions after
they were made to present an opportunity to appeal.
Councilperson Winchell stated the report should be given in a timely manner to allow for appeal
time in order to be useful.
Community Development Director Fallon stated there was a need to review the code and return to
Council with additional language that clarifies the procedure.
17
Page 18 - Council/Agency Minutes - 06/06194
In response to the City Clerk's inquiry pertaining to the motion, it was verified that the previous
discussion was part of the motion.
Councilperson Winchell stated the returned clarification could be put in the administrative section
of the code that pertains to the appeal process.
MOTION TO CONTINUE MEETING TO 11:30 P.M. - APPROVED
A motion was made by Leipzig, seconded by Sullivan, to continue with prioritized agenda items to
11:30 p.m. The motion carried by the following roll call vote:
AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Silva, Bauer, Robitaille
SPECIAL MEETING OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY AND
CITY COUNCIL
HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY ROLL CALL
PRESENT: Moulton -Patterson, Winchell, Leipzig, Sullivan
ABSENT: Silva, Robitaille, Bauer
The Clerk/Secretary was directed to read the Call for Special Meeting.
CALL FOR SPECIAL MEETING
OF
HUNTINGTON BEACH FINANCING AUTHORITY
Linda Moulton Patterson, Chairman
Jim Silva, Director
Ralph Bauer, Director
Earle Robitaille, Director
Grace Winchell, Director
Victor Leipzig, Director
Dave Sullivan, Director
R
Page 19 - Council/Agency Minutes - 06/06/94
You are hereby notified of a Special Meeting of the Board of Directors of the Huntington Beach
Public Financing Authority on Monday, June 6, 1994, at 6:30 P.M. or shortly thereafter in the
Huntington Beach City Council Chambers, 2000 Main Street, Huntington Beach, California for the
purpose of: (1) considering the issuance and sale by the Authority of its notes under the Marks -
Roos Local Bond Pooling Act of 1985, being Section 6584 and following of the California
Government Code, in the aggregate principal amount of not to exceed $16,000,000 to finance
two loans to the City of Huntington Beach, in the amount of not to exceed $16,000,000 to finance
city working capital needs; (2) consideration of the approval of the execution and delivery by the
Authority of certain Loan Agreements among the Authority and the City; (3) consideration of the
sale of the notes referred to above pursuant to a negotiated competitive bid; and (4)
consideration of other documentation and actions in connection with the issuance of said notes
and the making of said loans, and to consider the following:
(City Council) RESOLUTION NO. 6600 - ESTABLISHMENT OF A NEW FUND - RESERVE FOR
ECONOMIC UNCERTAINTIES _
Communication from Director of Administrative Services regarding establishing a separate fund in
the amount of $5 million as the City's reserve.
RECOMMENDED ACTION: Adopt Resolution No. 6600 - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CREATING A RESERVE FOR
ECONOMIC UNCERTAINTY."
Dated: May 31, 1994
ATTEST:
/s/ Connie Brockway
Secretary
/s/ Linda Moulton -Patterson
Chairman, Huntington Beach Financing
Authority
hereby certify that I received the above notice, "Call For Special Meeting of the Huntington
Beach Finance Authority, prior to 6:30 p.m., on Sunday, June 5, 1994.
Is/ Linda Moulton -Patterson
Chairman, Huntington Beach Financing
Authority
(City Council RESOLUTION NO 6600 - ADOPTED - ESTABLISHMENT OF A NEW FUND -
RESERVE FOR ECONOMIC UNCERTAINTIES (320.10)
The Secretary presented a communication from Director of Administrative Services regarding
establishing a separate fund in the amount of $5,000,000 as the City's reserve.
19
Page 20 - Council/Agency Minutes - 06/06/94
The Secretary presented Resolution No. 6600 - "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH CREATING A RESERVE FOR ECONOMIC
UNCERTAINTY."
(City Council/Public Financing Authority) TAX AND REVENUE ANTICIPATION NOTES (TRAN)
- FY 1994-95 - TO FINANCE WORKING CAPITAL REQUIREMENTS (330.70)
The Secretary presented a communication from the City Administrator and Director of
Administrative Services regarding Tax and Revenue Anticipation Note financing for FY 1994-95,
PUBLIC FINANCING AUTHORITY RESOLUTION NO. 7 - ADOPTED
The Secretary presented Resolution No. 7 - "A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY AUTHORIZING THE
ISSUANCE AND SALE OF NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO
EXCEED $16,000,000 TO FINANCE LOANS TO THE CITY OF HUNTINGTON BEACH FOR
WORKING CAPITAL PURPOSES."
CITY COUNCIL RESOLUTION NO. 6597 - ADOPTED
The Secretary presented Resolution No. 6597 - "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH AUTHORIZING BORROWING OF FUNDS IN THE
AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $16,000,000 FROM THE
HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY TO FINANCE WORKING CAPITAL
REQUIREMENTS OF FISCAL YEARS 1993-94 AND 1994-95, AND APPROVING RELATED
AGREEMENTS AND MATTERS."
Bob Franz, Deputy City Administrator/Administrative Services, presented a staff report.
Following discussion, a motion was made by Winchell, seconded by Leipzig, to adopt Resolution
No. 7, to approve and authorize the Authority Secretary (City Clerk) to execute the Notice of
Intention and Official Notice of Sale for the Tax and Revenue Anticipation Notes, and to adopt
Resolution No. 6597. The motion carried by the following roll call motion:
AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Silva, Robitaille, Bauer
ADJOURN SPECIAL MEETING OF THE HUNTINGTON BEACH PUBLIC FINANCING
AUTHORITY
The Chairman adjourned the special meeting of the Public Financing Authority.
20
Page 21 - CouncillAgency Minutes - 06/06/94
Urgency Ordinance No.. 3240 Read into Record - Infill Moratorium - Buildina Permits
The City Attorney stated she would read Ordinance No. 3240 into the record. She stated it had
been adopted earlier in the Council meeting. She read as follows:
Urgency Ordinance No. 3240 - "AN INTERIM ORDINANCE OF THE CITY OF HUNTINGTON
BEACH IMPOSING A MORATORIUM ON THE ISSUANCE OF IN -FILL, SINGLE FAMILY, LOW
DENSITY, NEW CONSTRUCTION BUILDING PERMITS." SECTION 1 That the Huntington
Beach Municipal Code is hereby amended pursuant to Government Code Section 65858(a)(c).
SECTION 2. The City Council of the City of Huntington Beach does hereby ordain as follows:
There is a current and an immediate threat to the public health, safety and welfare and that the
approval of additional building permits for in -fill, single family, low density, new construction which
is required in order to comply with a zoning ordinance would result in that threat to the public
health, safety and welfare. SECTION 3. A moratorium on issuance of such building permits is
hereby imposed for 45 days. SECTION 4. This interim ordinance shall become effective
immediately according to the authority of Government Code Section 65858(a)(c) and Huntington
Beach City Charter Section 5D1. Passed and adopted by the City Council of the City of
Huntington Beach at a regular meeting thereof on the 6th day of June, 1994.
The City Attorney stated that Ordinance No. 3240 is an urgency ordinance as well as an interim
ordinance.
CONSENT CALENDAR - ITEMS REMOVED
Councilmember Sullivan requested that the item pertaining to the Settlement Agreement and
Mutual Release of Claims - Julie Ford, be removed from the Consent Calendar for separate
discussion.
CONSENT CALENDAR - ITEMS APPROVED
On motion by Leipzig, second Sullivan, Council approved the following items, as recommended,
by the following roll call vote:
AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Silva, Bauer, Robitaille
(City Council/Redevelopment A enc MINUTES - ADOPTED - Approved and adopted minutes
of the Council/Agency adjourned regular meeting of April 25, 1994 as written and on file in the
Office of the City Clerk.
21
Page 22 - Council/Agency Minutes - 06/06/94
(City Council AGREEMENT - APPROVED - JHK AND ASSOCIATES - COMMUNICATIONS
DESIGN PROJECT - TRAFFIC SIGNAL MASTER CONTROL AND SURVEILLANCE SYSTEM
(600.10) - Approved the selection of JHK and Associates to prepare a communications network
study and design the appropriate communications links to existing and future traffic signals, and
approved the Professional Services Contract between the City of Huntington Beach and JHK and
Associates for Traffic Engineering Consulting Services, authorized the Mayor and City Clerk to
execute same, and authorized the Director of Public Works to expend $35,000.00 to cover
contract costs of $33,991.53 and anticipated change orders of $1,008.47.
(City Council RESOLUTION NO. 6594 - ADOPTED - SETS PUBLIC HEARING FOR
JULY 5, 1994 TO CONSIDER STREET VACATION - PORTION OF ISLAND BAY LANE NORTH
OF PALM AVENUE - PACIFIC COAST HOMES - TRACT NO. 14244 (800.50) - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING INTENT TO
VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF ISLAND
BAY LANE NORTH OF PALM AVENUE".
(City Council PROPERTY ACQUISITION - APPROVED - PORTION OF PARCEL AT 705
YORKTOWN AVENUE - ACCEPTED EASEMENT DEED - RELOCATED TENANTS -
DEMOLITION OF RESIDENCE &. ASPHALT WALK CONSTRUCTION - YORKTOWN STREET
WIDENING PROJECT - FROM DELAWARE STREET TO BEACH BOULEVARD - CC-884
(650.20) - Authorized the Director of Real Estate Services to acquire for the City a portion of the
parcel at 705 Yorktown Avenue and relocated tenants for an amount not to exceed $127,000;
and authorized the City Clerk to accept the easement deed on behalf of the City; and authorized
the Director of Public Works to advertise the demolition of the residence and construction of
asphalt walk at 705 Yorktown Avenue and solicit bids for the work, in anticipation of the Yorktown
Street Widening Project, from Delaware Street to Beach Boulevard, CC-884.
(City Council) AMENDMENT NO. 2 - COOPERATIVE AGREEMENT C-92-422 - APPROVED -
BEACH BOULEVARD SMART STREET PROJECT - CC-784 (650,20) - Approved Amendment
No. 2 to Cooperative Agreement No. C-92-422 between Orange County Transportation Authority
and City of Huntington Beach and authorized the Mayor and the City Clerk to execute the
amendment which increases the reimbursement to the city by $10,000 and extends the
agreement expiration time from June 30, 1994 to June 30, 1996.
2
Page 23 - Council/Agency Minutes - 06106/94
(City Council) BID AWARD - BUILDING ENERGY CONSULTANTS - STREET LIGHTS FOR
CALIFORNIA AND HUNTINGTON STREETS - CC-904 - APPROVED (600.50) - Accepted the
low bid submitted by Building Energy Consultants, of Nipomo, California; authorized the execution
of the construction contract for street lights for California and Huntington Streets in the amount of
$84,725; authorized the Director of Public Works to expend $160,000 to cover contract costs of
$84,725, estimated construction change orders of $9,000, and anticipated supplemental
expenses of $66,275 for the Construction of Street Lights for California and Huntington Streets,
CC-904, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds,
rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return
their bid bonds. The bids were as follows:
Building Energy Consultants
$ 84,725
Reginald General Contractors
85,500
Hood Corporation
94,911
FJ Johnson
101,794
B & B Electric
116,553
Steiny & Company
201,500
(City Council) BID AWARD - APPROVED - HONDO COMPANY - HUNTINGTON BEACH HIGH
SCHOOL STADIUM ENTRY & SKATEBOARD FACILITY - CC-886 (600.80) - Accepted the low
bid submitted by Hondo Company for the Huntington Beach High School Stadium Entry and
Skateboard Facility, C-886; and authorized the Director of Public Works to expend $215,000 to
cover contract costs of $192,730.78, anticipated construction Change Orders of $19,270, and
supplemental expenditures of $2,999.22, hold bid bonds on the lowest three bidders until
execution of contract and filing of bonds, rejected all other bids and directed the City Clerk to
notify the unsuccessful bidders and return their bid bonds. The bids were as follows:
Base Bid
Additive Alt.
Total Bid
Hondo Company
$192,730.78
$ 6,336.00
$199,066.78
Bo Park Enterprises
$193,024.78
6,336.00
199,360.78
United Builders
193,346.90
7,603.20
200,950.10
Civil Works
197,506.30
25,344.00
222,850.30
Gillespie Construction
198,995.35
6,969.60
205,964.95
Damon Construction
255,984.05
6,969.60
263,953.65
Citv Councill AMENDMENT NO. 2 TO AGREEMENT NO. D92-010 - APPROVED - COUNTY OF
ORANGE - SEISMIC RETROFITTING OF FOUR BRIDGES WITHIN IN THE CITY - CC-825
(600.25) - Approved Amendment No. 2 to Agreement No. D92-010 allowing the County to
administer the seismic retrofitting of four city bridges during the period of construction. Extended
agreement from March 31, 1994 to December 31, 1994. (1) Admiralty Drive/Queen Elizabeth
Passage (2) Davenport Drive/Weatherly Channel (3) Gilbert Drive/Shelter Channel (4) Humboldt
Drive/Short Channel.
Page 24 - Council/Agency Minutes - 06/06/94
(City Council) RESOLUTION NO. 6595 - ADOPTED - OFFICE OF CRIMINAL JUSTICE
PLANNING GRANT - CITY'S PARTICIPATION - CAREER CRIMINAL APPREHENSION
PROGRAM - REQUEST APPROVAL OF APPROPRIATIONS (340.80) - "RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO CONTINUE PARTICIPATION IN
THE CAREER CRIMINAL APPREHENSION PROGRAM". (In conjunction with Police
Departments of Irvine, Newport Beach, Fountain Valley, Seal Beach, Westminster and Orange
County Sheriff's Department.
(City Council) 1993-94 ANNUAL REPORT - APPROVED - HUNTINGTON BEACH AUTO
DEALERS BUSINESS IMPROVEMENT DISTRICT - RESOLUTION NO 6596 - ADOPTED -
INTENTION TO LEVY ANNUAL ASSESSMENT FOR 1994-95 FISCAL YEAR - PUBLIC
HEARING SCHEDULED .TUNE 20, 1994 (460.30)
1. Approved the Huntington Beach Auto Dealers Business Improvement District Annual Report
for 1993-94;
2. Adopted Resolution No. 6596 - "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH
DECLARING ITS INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR FISCAL YEAR
1994-95 TO FUND IMPROVEMENTS WITHIN THE HUNTINGTON BEACH AUTO DEALERS
BUSINESS IMPROVEMENT DISTRICT';
3. Directed the City Clerk to schedule a public hearing to be held on June 20, 1994 and send
copies of the Resolution, Business Improvement District Boundary Map and assessment
formula to each business to be assessed
(City Council AMICUS CURIAE BRIEF - APPROVED - PEOPLE OF THE STATE OF
CALIFORNIA, EX REL. SAN JOSE CITY ATTORNEY'S OFFICE V ACUNA, ET AL (CRIMINAL
STREET GANGS) (630.50) - Joined in an amicus brief supporting the City of San Jose's use of a
general nuisance law to limit specified activities of named members of criminal street gangs.
(City Council) RESOLUTION NO. 6598 - ADOPTED - DESIGNATION OF CULTURAL
SERVICES DIVISION AS AN OFFICIAL LOCAL ARTS AGENCY (900.10) - Designated the
Cultural Services Division of the Community Services Department as the city's Local Arts Agency
and adopted Resolution No. 6598 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BREACH DESIGNATING THE CULTURAL SERVICES DIVISION OF THE
COMMUNITY SERVICES DEPARTMENT AS THE LOCAL ARTS AGENCY.-
?4
Page 25 - Council/Agency Minutes - 06/06/94
(City Council AMENDMENT NO. 1 TO AGREEMENT BETWEEN CMI ENGINEERING
CONSULTANTS AND CITY - APPROVED - RESERVOIR HILL BOOSTER STATION
INSPECTION SERVICES - CC-534 - APPROVED (600.10) - Authorized the Director of Finance
to amend the current year Water Division Capital Improvement Budget for the Reservoir Hill
Booster Station, CC-534, by appropriating an additional $59,800 for construction management
and inspection; authorized the Mayor and City Clerk to execute Amendment No. 1 to Agreement
Between the City of Huntington Beach and CMI Engineering Consultants for Construction
Management and Inspection Services Regarding the Reservoir Hill Booster Station; and
authorized the expenditure of an amount not -to -exceed $59,800 for this additional construction
management and inspection.
lCity Council/Redevelopment Agency) SETTLEMENT AGREEMENT & MUTUAL RELEASE OF
CLAIMS - APPROVED - JULIE FORD (600,70) - Approved the agreement and authorized the
Executive Director and Clerk to execute said agreement on behalf of the Agency and the City and
appropriate sufficient funds to pay the purchase price and close escrow. (for tenant's right, title
and interest to mobile home located at Ocean View Estates 1) ($68,000).
(City Council STAFFING FOR WEEKEND CLEANING OF DOWNTOWN AREA - APPROVED -
PUBLIC RESTROOMS/PARKING STRUCTURESISIDEWALKS - SUMMER TRIAL PROGRAM
(810.10) - Approved the implementation of a summer trial program for a contract maintenance
crew to pick up trash and clean the public rest rooms, parking structure and sidewalks from 7:00
p.m. to 1:00 a.m. on Friday and Saturday nights in the downtown area; and approved an
amendment to the current year budget by appropriating $4,900 from the General Fund
Unappropriated Fund Balance to Account No. E-AA-CS-343-3-90-00 for the purpose of
establishing a summer trial program to clean the downtown.
(City Council STATEMENT OF UNDERSTANDING WITH CALIFORNIA HIGHWAY PATROL -
APPROVED - FOURTH OF JULY - SUPPLEMENTAL POLICE SUPPORT (320.45) - Approved
an amendment o the current year budget by appropriating $8,000 to cover the costs of
supplemental police coverage by the California Highway Patrol on July 4, 1994 and authorized
the expenditure of an amount not to exceed $8,000 to cover the costs per the attached Statement
of Understanding contained in the Department of California Highway Patrol letter dated
May 19, 1994, and approved the Chief of Police as the authorized Signatory to said Statement of
Understanding
(City Council/Redevelopment Agency) ASSIGNMENT OF KOURY LEASE TO BJ'S CHICAGO
PIZZERIA - APPROVED - ACCEPTANCE OF COVENANT AND LIEN FOR IN -LIEU PARKING
FEE - MAIN -PIER REDEVELOPMENT PROJECT AREA
In response to Councilmember Leipzig's inquiry, Barbara Kaiser, Deputy City Administrator,
Economic Services, stated that agreement had been reached pertaining to the in -lieu parking
mechanism.
25
Page 26 - Council/Agency Minutes - 06/06/94
1. Approved and authorized the Chairman and Clerk to execute the Assignment of tease of Unit
No. 101, 200 Main Street Between the Redevelopment Agency of the City of Huntington
Beach and Chicago Pizza Associates, Inc.
2. Approved Covenant for Payment of In Lieu Parking Fee, Stipulation of Lien Between the City
of Huntington Beach and Robert Koury, and authorize execution by the Mayor and City Clerk.
3. Approve appropriation of funds by the Agency of an in -lieu parking fee of $108,000 (as
adjusted yearly by the Consumer Price Index [CPI] on behalf of BJ's Chicago Pizzeria, located
at 200 Main Street, Suite 101, subject to the terms and conditions outlined in the RCA dated
June 6, 1994. (600,30)
Terms and Conditions
1. The property owner, Robert Koury, must obtain a CUP for 200 Main Street, Suite 101,
requiring payment of an in -lieu parking fee. (completed)
2. The parking fee for BJ's Chicago Pizzeria is $6,000/space for 18 spaces, asset by the City
Council.
3. The first annual installment of the fee will be paid by the property owner prior to building
permit for tenant improvements being issued by the city's Building division.
4. The payment is the responsibility of the property owner and will be made in annual payments
of $400/space, over 15 years. Such payments will be made annually upon the anniversary
date of the Certificate of Occupancy. A covenant and lien will be placed on the property for
the balance of funds due to ensure future payment. In accordance with the resolution, the fee
will automatically increase each July 1, by the amount of percentage increase in the
Consumer Price Index, as determined by the City Treasurer.
5. The number of spaces for which the fee maybe paid is limited to 18 spaces, as required
under the CUP.
6. This action by the Redevelopment Agency will constitute approval of BJ's Chicago Pizzeria by
the Agency of its commitment to pay $108,000 in parking fees to match payment by BJ's
Chicago Pizzeria of its $108,000 fee requirement. The Agency fees will be paid to the city at
the time of actual construction/acquisition/development of downtown parking spaces.
7. The fees collected shall be deposited into a dedicated parking fund to be used for creating
opportunities for additional parking (i.e. valet, restriping) or construction of surface or
structured parking in the downtown area.
Page 27 - Council/Agency Minutes - 06/06/94
(City Council CONTINUED TO JUNE 20 1994 - AGREEMENT - LIBRARY COMPUTER
SYSTEM - PURCHASE AND MAINTENANCE AGREEMENT GEAC - WAIVER OF ERRORS AND
OMISSIONS INSURANCE (600.10)
The City Clerk presented a communication from the City Administrator regarding the purchase
and maintenance agreement for integrated library computer system.
A motion was made by Leipzig, seconded by Sullivan, to continue to June 20, 1994 the item
pertaining to the Library Computer System. The motion carried by the following roil call vote:
AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Silva, Bauer, Robitaille
(City Council) CONTINUED FROM MAY 2. 1994 - CONVEYANCE OF 8.863 ACRES OF
PROPERTY TO THE HUNTINGTON BEACH CITY SCHOOL DISTRICT FROM SEACLIFF
PARTNERS - HOLLY-SEACLIFF DEVELOPMENT AGREEMENT (600.10)
The City Clerk presented a communication from the Community Development Director regarding
the transfer by Seacliff Partner of 8.863 acres of property to the Huntington Beach City School
District.
The City Clerk presented the following communications pertaining to rough grading and precise
grading plans from the following persons:
William Holman, Project Manager, dated June 2, 1994.
Barbara Lichman, Wagner & Lichman, Law Offices, representing Country View Estates
Homeowners Association, dated June 3, 1994.
Dr. Duane Dishno, , Huntington Beach School District Superintendent, dated June 3, 1994,
Melanie Fallon, Community Development Director, presented a staff report. She referred to Dr.
Dishno's letter.
Steve May, Principal Engineer/Public Works, reported that the Huntington Beach City School
District had faxed the plan to the city and that it was a gentle transfiguring with no abrupt slopes.
A motion was made by Sullivan, seconded by Leipzig, to approve the request by Seacliff Partners
to convey 8.863 acres of property to the Huntington Beach City School District and formally
accept the Seacliff Partners letters dated March 25 and April 20, 1994. The motion carried by the
following roll call vote:
AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Silva, Bauer, Robitaille
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Page 28 - Council/Agency Minutes - 06/06/94
(City Council ALTERNATIVES - CENTRAL LIBRARY PARKING LOT EXPANSION -
TRANSFER OF UNUSED CERTIFICATES OF PARTICIPATION - SOIL REMEDIATION PLANS
AT MUSHROOM FARM SITE (600.80)
The City Clerk presented a communication from the Public Works Director, Deputy City
Administrator, and Library Services Director presenting recommendations to Council related to the
Central Library Parking Lot Alternatives.
A motion was made by Winchell, seconded by Sullivan, to:
1. Approve the appropriation of $940,000 to complete the Central Parking Lot expansion Project.
2. Approve the transfer of $940,000 of unused Certificates of Participation(C.O.P.$) to the
Library Service Fund to complete this project.
3. Authorize staff to proceed with the proposed soil remediation plan for the contaminated soil
that has been placed on the Mushroom Farm site.
4. Authorize staff to proceed with the Central Library Parking Lot Expansion Project with the
configuration as originally developed (Alternative A).
The motion carried by the following roll call vote:
AYES: Moulton -Patterson, Wincheil, Leipzig, Sullivan
NOES: None
ABSENT: Silva, Bauer, Robitaille
fQty Council RESOLUTION NO. 6599 - CONTINUED TO JUNE 20 1994 - THREE MONTH
BUDGET AMENDMENT - FIFTEEN MONTH FISCAL YEAR (320.20)
The City Clerk presented a communication from Director of Administrative Services transmitting
Resolution No. 6599 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH AMENDING THE BUDGET FOR THE CITY FOR FISCAL
YEAR 1993/94."
By consensus of the Council the item pertaining to Resolution No. 6599 was continued to
.tune 20, 1994.
(City Council CREATION OF NEW DEPUTY CITY ATTORNEY 1 POSITION - CONTINUED TO
JUNE 20, 1994 (700.10)
The City Clerk presented a communication from the City Attorney regarding the need for a tort
defense attorney to assist the City Attorney's office and provide cost saving in-house tort, (civil .
and grievance actions), litigation defense of city cases.
Page 29 - Council/Agency Minutes - 06/06/94
By consensus of the Council the item pertaining to Resolution No. 6599 was continued to
June 20, 1994.
(Ci!ZCouncil) ORDINANCE NO. 3238 - ADOPTED - POOL AND BILLIARD HALLS (640.10)
The City Clerk presented Ordinance No. 3238 for Council consideration - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9.32 OF THE HUNTINGTON
BEACH MUNICIPAL CODE BY ADDING NEW SECTION 9.32.130 THERETO ESTABLISHING A
DEFINITION POOL AND BILLIARD HALLS."
Police Chief Lowenberg presented a staff report.
On motion by Moulton -Patterson, second Winchell, Council adopted Ordinance No. 3238, after
reading by title, by the following roll call vote:
AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Silva, Bauer, Robitaille
MOTION FOR POLICY DIRECTION TO STAFF REGARDING GRADING ISSUES TO BE SENT
TO PLANNING COMMISSION - APPROVED (120.10)
The City Clerk presented a communication from Councilmember Leipzig requesting the
establishment of a new Council policy requiring Planning Commission review and approval of any
grading or stockpiling which involves 25,000 cubic yards or more of import or export prior to the
issuance of the grading or stockpile permit.
Councilmember Leipzig suggested direction to staff to route certain applications to Planning
Commission rather than taking upon themselves the decision.
Melanie Fallon, Community Development Director, stated the direction could be incorporated in
the new zoning ordinance to be adopted in September.
A motion was made by Leipzig, seconded by Winchell, to give policy direction to staff in regard to
grading or stockpiling which involves 25,000 cubic yards or more of import or export to go to the
Planning Commission prior to the issuance of the grading or stockpile permit_ The motion carried
by the following roll call vote:
AYES: Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Silva, Bauer, Robitaille
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Page 30 - Council/Agency Minutes - 06/06/94
Youth Activities -Report Requested
Councilmember Winchell stated she would like Council to be apprised of how staff is working with
Chuck Beauregard relative to youth activities.
The City Administrator stated he would return to Council with a report.
ADJOURNMENT - COUNCILIREDEVELOPMENT AGENCY
Mayor Moulton -Patterson adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Monday, June 20, 1994, at 5:00 p.m.
in Room B-8, Civic Center, Huntington Beach, California.
ATTEST:
City Clerk/Clerk
30
dWX4;w &4"
Clerk of the Redevelopment Agency and City
Clerk and ex-officio Clerk of the City Council
of the City of Huntington Beach, California
Mayor/Chairman