HomeMy WebLinkAbout1994-07-05MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, July 5, 1994
Mayor Moulton -Patterson called the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to order at 5:15 p.m.
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Silva, Bauer, Moulton -Patterson, Leipzig, Winchell (arrived 5:20 p.m), Sullivan
(arrived 5:30 p.m.)
ABSENT: Robitaille
STUDY SESSION - CODE AMENDMENT NO. 91-10 - ENVIRONMENTAL ASSESSMENT
NO. 91-32 - PROPOSED ZONING AND SUBDIVISION ORDINANCE - DIVISION 9 REWRITE
(640.10)
TITLE -21. Base Districts:
Chapter 210, R
Chapter 211, C
Chapter 212, 1
Residential Districts
Commercial Districts
Industrial Districts
The Community Development Director reported.
Susan Pierce, Associate Planner, distributed a matrix regarding Chapter 210, 211 and 210 of the
proposed Zoning and Subdivision Ordinance to Council.
Discussion Held Regarding Police Department Denial for Entertainment Permit - Nightclub
Known as Club 5902 (630.10)
Sarah Lazarus, Deputy City Attorney, reported regarding the denial of an Entertainment Permit for
Club 5902. She stated that a revised Ralph M. Brown Act was distributed to Council.
The Deputy City Attorney responded City Council questions and clarified Councilmember
Leipzig's questions regarding action to be taken on the entertainment permit and the thirty day
appeal period.
79
Page 2 - Council/Agency Minutes - 07/05/94
Discussion Held Regarding Code Amendment No. 92-5 - Downtown Specific Plan Code
Amendment and "Village Concept" - Downtown Parking Master Plan - Ordinance No. 3239
(450.30)
The City Administrator reported that due to substantial changes in the ordinance, staff has
recommended that it be referred to the Planning Commission for review.
Discussion was held by Council and staff regarding the preparation of a legislative draft which
includes all the changes and Planning Commission review of the Downtown Specific Plan and
Downtown Parking Master Plan.
Sarah Lazarus, Deputy City Attorney, stated that a legislative draft would be prepared for the
August 1 st meeting and Council would be notified if there was a delay in the preparation.
The Community Development Director reported regarding building height, the proposed
transportation corridor and state law requirements.
The Planning Director reported regarding the process for adopting the Downtown Specific Plan
and responded to Council questions.
The City Clerk stated that the public hearing should be opened for public comment, direction to
staff, and continued to a certain date.
Discussion Held Regarding the Development Standards for Residential Infill Projects -
Relative to Urgency Ordinance No. 3240 Moratorium Enacted on Certain Property on
June 6, 1994 and Code Amendment No. 94-4 (640.10)
The Community Development Director distributed a revised Ordinance No. 3242A with Staff
Proposed Changes to Council.
Legal Options Available for Challenging Public Employees Retirement System Rollover
Benefits
The City Administrator reported regarding the Council action taken to hold in abeyance the
processing of retirements and the potential for legal challenge by the employee associations. He
stated that Attorney Peter Brown, outside legal counsel, would be present during the Closed
Session to advise Council of their options.
CLOSED SESSION
The Mayor called a Closed Session of the City Council pursuant to Government Code Section
54956.9(b)(3)(B) to confer with its City Attorney regarding pending litigation - legal options
available for challenging PERS roll over benefits. (120.80)
Page 3 - Council/Agency Minutes - 07/05/94
The Mayor called a Closed Session of the City Council pursuant to Government Code Section
54958.9(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 Geoffrey Edmund Flynn vs. City of
Huntington Beach, et al - U. S. District Court Case No. SA CV-93-2597 SVW (Shx). (120.80)
The Mayor called a Closed Session of the City Council pursuant to Government Code Section
54958.9(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 Douglas Brandenburg vs. City of
Huntington Beach, et al U. S. District Court Case No. SA CV-91-406 AHS (Rwrx). (120.80)
The Mayor called a Closed Session of the City Council pursuant to Government Code Section
54957.6 to meet with its designated representatives William Osness, Personnel Director, and
Daniel Cassidy, Esq., Liebert, Cassidy and Frierson Law Office regarding labor relations matters -
Meet and Confer regarding the following employee organizations: Police Officers Association
(POA), Municipal Employees Association (MEA), and Huntington Beach Firemens' Association
(HBFA). (120.80)
RECESS =RECONVENE
The Mayor called a recess of Council at 5:50 p.m. The meeting was reconvened by the Mayor at
7:10 p.m. in the Council Chamber.
Announcement of Councilmember Robitaille's Absence
The Mayor announced that, for the record, she had received a letter from Mayor Pro Tern
Robitaille stating that he would be out of town and unable to attend the meeting.
FLAG CEREMONY, PLEDGE OF ALLEGIANCE AND INVOCATION - HUNTINGTON BEACH
JUNIOR LIFEGUARDS
The Flag Ceremony, Pledge of Allegiance and Invocation were presented by the Huntington
Beach Junior Lifeguards.
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
ABSENT: Robitaille
81
Page 4 - Council/Agency Minutes - 07/05/94
PRESENTATIONS AND INTRODUCTION OF SISTER CITY'S ANJO, JAPAN CITIZEN AND
STUDENT DELEGATIONS
Doug Erber, Sister City President, introduced members of the Sister City's Anjo, Japan Citizen
and Student Delegations to Mayor Moulton -Patterson and City Council. Mr. Erber read from a
letter from the Mayor of Anjo to Mayor Moulton -Patterson. The delegation presented gifts and an
elaborate kite to the Mayor and City Council. The Mayor presented a plaque and video tapes of
the Fourth of July Parade to the Anjo's Citizen and Student Delegations. Anjo Citizen Delegation
members: Takeo Sugiura, Tomoko Fukuda, Ayako Egawa, Miyoko Nakata, Kiyoharu Takeuchi,
Kentaro Tsuruta, Takahisa Oya, Hiroyuki Kusaka, Yasuyoshi Kamiya, Hisao Kasahara. Anjo
Student Delegation members: Shigefumi Kubota, Emi Kamiya, Sayuri Ishikawa, Miyuki Ito,
Trasisuke Tomita.
PROCLAMATION - JULY IS RECREATION MONTH
Mayor Moulton -Patterson presented a proclamation to Ron Hagan, Community Services Director,
proclaiming "July Is Recreation Month."
PRESENTATIONS AND INTRODUCTION OF SISTER CITY'S WAITAKERE, NEW ZEALAND
JUNIOR LIFEGUARD TEAM
David Simcox, Coordinator, Huntington Beach Junior Lifeguards, introduced members of the
visiting Junior Lifeguard Team from Waitakere, New Zealand to Mayor Moulton -Patterson and
City Council. The New Zealand Junior Lifeguard Team Coach presented Mayor Moulton -
Patterson with a plaque. Mayor Moulton -Patterson presented pictures of the Municipal Pier and
video tapes of the Fourth of July Parade to the Junior Lifeguard Team members. Mr. Simcox
presented T-shirts to the City Council members which will be used as a fund-raiser for a trip to
New Zealand by members of the Huntington Beach Junior Lifeguard Team.
PRESENTATION - CHECK FOR $10,000 FOR ART CENTER YOUTH PROGRAM FROM GTE
DIRECTORIES
Laura Volberding and Don Jankowiak, GTE Directories representatives, presented a check for ten
thousand dollars ($10,000) which is a grant for the Art Center's first Youth Program to Naida
Osline, Cultural Services Supervisor.
PRESENTATION - CHECK FOR $50,000 FOR ART CENTER CAPITAL CAMPAIGN FROM
538 MAIN STREET AND THE ART CENTER FOUNDATION
Bob Goodrich, Michael Mudd, Joan Lund and Kay Waldhauser presented a check for $50,000
from the 538 Main Street group and the Art Center Foundation for the Capital Campaign.
.�2
Page 5 - Council/Agency Minutes - 07/05/94
PUBLIC COMMENTS ti
The City Clerk presented a communication dated June 24, 1994 from Mr. Bill Mello representing
Huntington Beach Citizens' Bureau of Investigation requesting to address Council regarding
pension spiking authorization history. (160.30)
Announcement of Late Communications
The City Clerk announced that letters had been received on the agenda item regarding Walnut
Avenue from Jo Christian -Craig and Paul Cook dated June 23, 1994 and July 5, 1994
respectively.
Barbara Kimbrough, Kirk Kirkland, David Burris, Florida/Utica Task Force representatives, and
Lewis Shaver, Jr., Oakview area property owner, spoke in opposition to commercial mobile
vending in residential neighborhoods as it is unfair to local businesses, trash and clutter,
increased noise from loud horns, possible illegal uses of the trucks, ordinances not being
followed, parking overtime, danger to children who run out to vending trucks, illegal vending of
prescription medication, no records and no taxes paid, some have no insurance, no business
license, concerns regarding health standards, decrease property values, visual blight, and
recommended the use of a bond on the business license, ordinances enacted that can be
enforced the City Attorney and Police Department, and return the neighborhoods to the quiet and
serenity as before.
Wendy Roves spoke in opposition to the Paragon Cable Television towers placed in the front of
homes in the past month. She stated that there was no prior notification, the property owners
were not consulted on the placement of the towers, decrease in property values, and stated that
the community should have been notified so that the neighborhood could be involved in the
decision.
Peter Tarr, Newport Beach resident, spoke regarding commercial mobile vending in residential
neighborhoods. He stated that his neighborhood in Newport Beach had the same problems and
he came to the-Oakview neighborhood to learn how to handle the problems.
Peter Haddad, John Merzweiler, Gary Holsington, Team Bike Shop representative, and Jim
Righeimer spoke in opposition to the way the Police Department handled incidents in the
Downtown area during the Fourth of July weekend regarding the enforcement of the bicycle laws
as a way to control troublemakers, people on rental bicycles being stopped for having an
unlicensed bicycle, use of the water truck on Main Street, Police Officers in riot gear beating and
kicking people in the street, and clearing of all restaurants in the area.
George Arnold spoke in support of the Police Department actions on the Fourth of July weekend.
He spoke in support of keeping the parks clean and increased parking in the downtown area on
holidays.
Pat Bushman stated that she was "Patty the Clown" in the Fourth of July Parade and was pelted
with silly string which ruined her costume. She stated that member of the parade were hit in the
face and could have sustained eye damage. She stated that she is a volunteer clown for charity
and fun. She urged Council to outlaw the use of silly string at future Fourth of July parades.
�9E
Page 6 - Council/Agency Minutes - 07/05/94
Discussion was held by Council regarding the silly string.
Richard Harlow spoke regarding the Owner Participation Agreement with the Zeidans. He stated
that with the downsizing of the downtown area the widening of Walnut Avenue would not be
needed. He referred to the letter from Jo Christian -Craig which he believed stated the matter
well.
Jim Ball, Teddi Alves, Jim Madden, Bill Mello, Citizens' Bureau of Investigation representatives,
Ed Kerins, Huntington Beach Tomorrow Vice -President, and Reed Royalty, Southern California
Director for California Taxpayers, spoke regarding opposition to pension spiking, contracts that
are illegal and not enforceable, contracts misrepresented to City Councils, increases in contracts
over the years, citizens not informed of cost of spiking, urged to stop processing spiked portion of
pensions, lawsuit against PERS for a blanket injunctive release to stop processing of spiked
portion of pensions throughout the state, recovery of excessive PERS fees for spiked pensions,
recovery of illegal payments to past retirees, and requested an independent investigation to
establish responsibility for pension spiking problem. CBI members expressed support for the
action taken by Council at the June 20, 1994 meeting regarding stopping spiking.
The City Clerk announced that information in the City Clerk's Office is always available for public
inspection and that no new information was made available from the City Clerk's Office due to
Councilmember Sullivan's intervention.
Loretta Wolfe, Downtown Residents Association, and Dianne Easterling spoke in support of the
Police Department, Fire Department, and Marine Safety Department and the plan that was carried
out on the Fourth of July. They spoke regarding the city being on the right track but some
problems to overcome, keeping the Downtown Task Force active for the planning of the 1995
Fourth of July celebration, and involving the Code Enforcement Division more actively in the plan
for next year.
Natalie Kotsch, International Surfing Museum representative, spoke in opposition to the proposed
policy regarding procedures for putting projects to a Measure C vote of the people. She stated
that Council positioned and approved the International Surfing Museum in Pier Plaza in
September, 1993. She read from Measure C of the City Charter. She stated that the criteria for
putting a Measure C vote on the ballot has changed since the project was approved and that a
request was made for a waiver to be included in the policy that the policy can be amended by
Council on a case by case basis for projects for non-profit groups.
Laurence Karsh spoke in opposition to the grading of the new school site located at Garfield,
Edwards, and Goldenwest and stated that it appears to be very high relative to homes in the
area. He stated that his home will lose security and privacy if the grading is not corrected. He
urged Council to correct the grading error prior to completion of the school.
Mayor Moulton -Patterson suggested that he contact the Public Works Department as they are
aware of this problem and stated that the problem is being addressed.
im
Page 7 - Council/Agency Minutes - 07/05/94
CITY ADMINISTRATOR'S REPORT
The City Administrator reported on the Paragon Cable Television installation of towers in
residential neighborhoods. He stated that staff would prepare a report to Council.
The City Administrator reported regarding public comments made relating to his housing loan and
stated that it was terminated in the fall of 1991.
The City Administrator reported regarding a meeting with Bill Mello and Jim Madden regarding the
Public Retirement System issue, conversation of vacation roll-over, two side letters in 1988, a
change in the method of conversions and stated that quotes were taken out of context from the..._..
two side letters.
Status Report - Fourth of July Weekend
The City Administrator thanked the Community Services, Public Works Department, Fire
Department, and all the departments that worked on the Fourth of July weekend. He stated that
the event was a success. He stated he was in the downtown area between 11:30 p.m. to
12:30 p.m. and supports the action taken by the Police Department to keep things from getting
out of hand.
Police.Chief Lowenberg reported at length regarding the operational plan that was presented to
Council on June 25, 1994 and stated that the plan was carried out
Councilmember Bauer spoke in support of Police Department actions over the Fourth of July
weekend and reported that he spent several hours cruising the streets with Police Officers and
support what the Police Chief said and recommended continuing the procedure next year. He
suggested requesting surrounding cities to ban fireworks, possible increase in the fines for illegal
fireworks, sweep area with code enforcement prior to the weekend to eliminate accumulated
combustibles on that day, address problem landlords and make them responsible for the tenants
they rent to and enforcement of the loud party ordinance. He urged the city to develop letters to
send to landlords with problem tenants.
Councilmember Leipzig thanked the Police Department and other city departments for their hard
work over the Fourth of July weekend. He requested an after action report to Council in writing.
Police Chief stated that a report would be prepared and distributed to Council.
Councilmember Silva spoke regarding similar problems that occurred in Palm Springs. He spoke
in support of the outstanding job done by the Police Department. He stated that he would like to
meet with Jim Righeimer and Police Chief Lowenberg to discuss areas of concern in order to
eliminate them for next year.
Page 8 - Council/Agency Minutes - 07/05/94
COUNCIL COMMITTEE/COUNCIL LIAISON REPORTS
Public Employees Retirement System (PERS) Council Committee Report (120.25)
Councilmember Sullivan reported that a Council Committee was formed and outside legal counsel
retained to study the PERS issue. He stated that on the advice of legal counsel a letter was
written to PERS regarding the legality of spiking and requesting a response by July 22, 1994. He
stated that at the June 20, 1994 meeting a motion was made for Council to take action to hold in
abeyance the spiking portion of all applications for retirement. He stated that Councilmember
Winchell at that meeting requested that legal counsel be consulted prior to making a motion to
hold in abeyance the processing of the spiking portion of employee retirements.
Councilmember Sullivan read from the legal opinion prepared by Liebert, Cassidy and Frierson,
Law Office. He reported that legal counsel has advised that the Council action taken on
June 20, 1994 to hold in abeyance all applications for retirement until July 6, 1994 is inconsistent
with the city's obligations under collective bargaining laws.
Councilmember Leipzig reported that processing of employee retirements is handled by the
Public Employees Retirement System and not city personnel.
Motion to Not Process Retirement Benefits Which Include Vacation Pay, Auto Allowance, or
PERS Pickup - FAILED
A motion was made by Bauer, seconded by Moulton -Patterson, that the city not participate in
processing retirement benefits which include vacation pay, auto allowance, or PERS pickup as
salary for purposes of retirement pay until such time that the issue of enhanced salaries in the
above categories is resolved by the courts. Employee income which does not include the above
three items should be processed for retirement purposes in the usual fashion.
Councilmember Leipzig spoke in opposition to the motion stating that the city has been advised
by the special legal counsel on this matter that it would be a violation of the Meyers-Milias Brown
Act and something which would position the city poorly for subsequent legal action and that the
motion is taking a legal chance that is unwise for the city and certainly sends a strong message to
the public as to what the council wants to do but it would not be wise to make a mistake on legal
grounds just as legal processing is begun. He stated that Council wants to make sure that
spiking is brought to an end -as rapidly as possible and to do that on the best legal grounds
available.
Councilmember Silva spoke in support of following the legal advice the city has been given.
Mayor Moulton -Patterson spoke in support of the motion.
Councilmember Winchell spoke in opposition to the motion and stated that Council took a strong
stand last week with the motion to send a letter to PERS telling PERS that the city believes what
PERS allowed the city to do was unlawful and asking PERS where they stand on it with a
deadline for a response of July 22, 1994. She spoke in support of taking one step at a time.
L•
Page 9 - Council/Agency Minutes - 07/05/94
Councilmember Sullivan spoke in opposition to the motion stating -that the action would be a
unilateral violation of collective bargaining and would potentially open the city up to liability and
the result of the action will be that the city will be sued by employee groups. He questioned
whether the contracts were negotiated in good faith and whether the Council at the time of the
last negotiations was aware that there was spiking and that there was a huge cost to spiking. He
stated that there are letters from PERS that were in the city staff's possession prior to those
negotiations which put the price tag on spiking, that for every dollar increase in a person's
monthly retirement as a result of spiking could cost the city and the taxpayers up to $150. He
stated that it is a key question that has to be answered. He stated that if those Councils were not
made aware by staff of that information, they were, not taking::part.in_good faith negotiations
because they did not have the information. He stated that -,if -he knew the answer to that question
and it was in the affirmative, he would unhesitatingly vote for this motion tonight. He stated that
the question has to be answered.
The motion FAILED by the following roll call vote:
AYES: Bauer, Moulton -Patterson
NOES; Silva, Winchell, Leipzig, Sullivan
ABSENT:' 'Robitaille
Councilmember Leipzig stated that there is no further action at this point except to wait for a
response from PERS and on the assumption that the response is unfavorable, the city will
prepare to go to court.
RECESS -RECONVENE
The Mayor called a recess of Council at 9:15 p.m. The meeting was reconvened at 10:00 p.m.
The Mayor announced that the public hearing regarding Development Standards for Residential
Infill Projects would be heard first and that the public hearing regarding the Downtown Specific
Plan Code Amendment, Village Concept and Downtown Parking Master Plan would be continued
open to August 1, 1994 as there is a chance that the meeting will not be completed tonight.
(City Council) PUBLIC HEARING - URGENCY ORDINANCE - DEVELOPMENT STANDARDS
FOR RESIDENTIAL INFILL PROJECTS - RELATIVE TO URGENCY ORDINANCE NO. 3240
MORATORIUM ENACTED ON CERTAIN PROPERTY ON JUNE 6. 1994 AND CODE
AMENDMENT NO. 94-4 - ADOPTED (640.10)
The Mayor announced that this was that this was the day and hour set for a public hearing to
consider the following:
APPLICATION NUMBER: Urgency Ordinance and Code Amendment No. 94-4
APPLICANT: City of Huntington Beach
LOCATION: City-wide
Page 10 - Council/Agency Minutes - 07/05/94
ZONE: R-1, Single Family Residential, Oldtown, Town Lot Specific Plan, RA, Residential
Agricultural, Downtown Specific Plan, Ellis-Goldenwest Specific Plan, Meadowlark Specific Plan
and Holly-Seacliff Specific Plan.
REQUEST: To create development standards for residential infill projects including compatibility
requirements for height, setbacks, window locations, architectural design, public hearing process
and staff review.
ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15308, Class 8 of the
California Environmental Quality Act.
COASTAL STATUS: Not applicable.
Legal notice as provided to the City Clerk's Office by staff had been published, posted and
mailed.
The Community Development Director presented a staff report using slides regarding the Infill
Issues of privacy, compatibility of building heights, pad heights, and window locations. She
distributed a communication to. Council entitled Staff Proposed Changes to Ordinance No. 3242A.
Discussion was held by Councilmember Bauer and the Community Development Director
regarding changes requested by the Huntington Seacliff Homeowners Association in a
communication dated July 5, 1994 and what would be the impact of adding those suggested
changes.
Discussion was held by Councilmember Sullivan and the Community Development Director
regarding the proposed requirement of the Community Development Director responding in
writing to letters of comment from homeowners and developers.
The Community Development Director stated that the plans would be available to the public in her
office for public review.
The Mayor declared the public hearing open.
The City Clerk announced that thirty-one communications had been received and distributed to
Council regarding the building moratorium on infill lots as follows: Pero's Restaurant - Jim and
Maria Zanthakis; IvaLee Lawrence; Susan Reeder -Barr; Markolita Camden; Denise de Vines;
Brad Estill; Fred Speaker; Sam Garza; Ryan Rieches; Donald Pankhard; Belva Davidson; Carole
Buerkle; Carl Lawrence; Mary Jo Jaffes; Nancy Rhyme; James Torline; Ryan Rieches; Patricia
Stier; Diane Sorensen; Gary and Marilyn Holman; Bill Reeves; Robert Traver; David Delillo;
Donald M. Pankhar; Jim Matlock; Dale L. Dunn; Justine DeMauro; James P. Dwyer; Suzanne
Beukema; Laura Madariaga, and Larry Cubit, Huntington Seacliff Corporation.
Councilmember Winchell clarified that there were thirty-one letters in opposition to the moratorium
not in opposition to the ordinance. She stated that the ordinance intends to bring the moratorium
to an end.
A communication in support of the building moratorium on infill lots was received and distributed
�. to Council from Billie Marie Tubbs.
Page 11 - Council/Agency Minutes - 07/05/94
A communication from Huntington Seacliff Homeowners' Association dated July 7, 1994 was
received and distributed to Council.
Also distributed were copies of the legislative draft of Ordinance No. 3242 that the Community
Development Director referred to and that all were on file with the City Clerk.
Jeff Metzel, Huntington Seacliff Homeowners Association President, spoke in support of the
proposed development standards for residential infill projects regarding new homes and stated
that the new homes should be a positive addition to the neighborhood, that there should be a
requirement to- notify adjacent- homeowners; projects should -be appealable to the Council, and
that the city should respond to comments in writing.
J. R. Fowler, Huntington Seacliff Homeowners, spoke in opposition to Urgency Ordinance
No. 3242 A and 3242B. He stated that he did support Ordinance No. 3242 approved by the
Planning Commission without the staff proposed changes. He requested a sentence be inserted
in paragraph 9730.87 Residential Infill Developments - General Provisions as follows: "The
Director of Community Development shall cause all requests for plan check and issuance of
building permits for infill lot development to be reviewed in accordance with subparagraphs a, b,
and c of'paragraph 9730.87.2 Infill lot Design Considerations." He spoke regarding a
communication from the Huntington Seacliff Homeowners' Association dated July 5, 1994
regarding the Urgency Ordinance for Residential Infill Developments.
Richard Norton, Berger and Norton Law Firm, Litigation Counsel to Seacliff Partners, stated
Council should have correspondence dated June 28, 1994 from his firm concerning the proposed
ordinance and to what extent the Council proposed to newly restrict developments. He requested
the ordinance be clarified that property subject to a development agreement cannot be subject to
new restrictions as proposed by the infill ordinance. He spoke in opposition to the proposed
appeal process as issuance of building permits is a ministerial function. He spoke regarding the
non -development agreement parcels of the Seacliff Partners and stated that the Health and
Safety Code and Government Code provide that no new restrictions may be adopted after a
building permit application has been accepted and the fees paid. He requested that Council
consult with the City Attorney before adopting an ordinance that may violate both of those state
statutes.
Discussion was held by Councilmember Sullivan and Mr. Norton regarding the effect of the
proposed ordinance on peripheral houses which are included in a Disposition and Development
Agreement. Mr. Norton stated that introduction of new restrictions could not be added. He spoke
regarding the Government Code Section 65864 regarding legislative findings of what can be
included in a development agreement.
Barbara Marrs, Seacliff Coalition representative, stated that she was also speaking as a fifteen
year resident and for her neighbor, Mike Jones, a first time homeowner. She spoke in support of
an ordinance to protect residents in existing neighborhoods because subsequent developments
have caused distress, loss of property value, loss of privacy, increased traffic problems, and
security problems. She urged Council to do what they can to spell out this issue in the ordinance
to save future confusion and upset in the community.
Tom Zanic, Seacliff Partners representative, declined to speak.
Page 12 - Council/Agency Minutes - 07/05/94
John Roe, Huntington Seacliff Homeowners Association representative and Planning Commission
Infill Ordinance Committee member, spoke in support of the Planning Commission definition of
infill lots and in opposition to the staff proposed definition of infill lots outlining differences in the
definitions. He stated that there is no appeal process for existing homeowners in an infill situation
and that the only course of action is to take it to the courts which does not seem in the best
interest of all parties. He requested Council look at a possible appeal process.
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.
Motion to Adopt Emergency Ordinance No. 3242A and Code Amendment No. 94-4
A motion was made by Silva, seconded by Leipzig, to approve the Planning Commission
r.: commendation to adopt Emergency Ordinance No. 3242A, as amended, after reading by title
{nd Code Amendment No. 94-4, with findings as outlined in Emergency Ordinance No. 3242A
::yid Attachment No. 3 to the Request for Council Action dated July 5, - "AN EMERGENCY
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 973 OF THE
HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW SECTIONS PERTAINING TO
RESIDENTIAL INFILL DEVELOPMENTS."
See page seventeen for final motion.
Amendment to Motion - Substitute Emergency Ordinance No. 3242A with Staff Proposed
Changes - Accepted
An amendment to the motion was made by Leipzig, accepted by Silva, to substitute Emergency
Ordinance No. 3242A with Staff Proposed Changes.
Discussion was held by Councilmember Sullivan and staff regarding clipping roof elevations, base
district setbacks, building permit appeals, and that the ordinance would not apply to existing
Disposition and Development Agreements.
Sarah Lazarus, Deputy City Attorney, reported.
Amendment to Motion to Delete Language in General Provisions Section - Not Accepted
An amendment to the motion was made by Sullivan, seconded by Winchell, to amend
Emergency Ordinance No. 3242A with Staff Proposed Changes, Section 9730.87 Residential
Infill Developments - General Provisions by deleting the last portion of the sentence as follows:
"excluding those areas with an existing Development Agreement."
90
Page 13 - Council/Agency Minutes - 07/05/94
-Amendment to Motion to Amend Wording Instead of Deleting - FAILED by Tie Vote
A amendment to the motion was made by Leipzig, accepted by Sullivan, to amend the motion to
amend the wording instead of deleting the language to: "unless to do so would contravene the
language of an existing Development Agreement." The motion FAILED by the following roll call
vote:
AYES: Winchell, Leipzig, Sullivan
NOES; Silva, Bauer, Moulton -Patterson
ABSENT: Robitaille
Motion to Amend Section 9730 of Emergency Ordinance No. 3242A with Staff Proposed
Changes - Approved as Amended
A motion was made by Sullivan, seconded by Winchell, to add the sentence suggested by
Huntington Seacliff Homeowners' Association at the end of Section 9730 as follows: "The
Director.of Community Development shall cause all requests for plan check and issuance of
building permits for infill lot development to be reviewed in accordance with subparagraphs a, b,
and c of paragraph 9730.87.2 Infill lot Design Considerations."
An amendment to the motion was made by Winchell, accepted by Sullivan, to change the wording
of the sentence suggested by Huntington Seacliff Homeowners' Association at the end of
Section 9730 as follows: "The Director of Community Development shall cause all requests for
plan check and issuance of building permits for infill lot development to be reviewed in
accordance with Section 9730.87.2 Infill lot Design Considerations. The motion carried by the
following roll call vote:
AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES; Silva
ABSENT: Robitaille
Motion to Approve Planning Commission Definition of Residential Infill Lot - Withdrawn
A motion was made by Sullivan, seconded by Moulton -Patterson, to approve the Planning
Commission definition of a residential infill lot as follows: "An infill lot is a vacant parcel of land
intended for single family detached development which has a property line within 60 feet of one
or more properties on which single family residential units are located (such properties within 60
feet on which single family residential units are located are hereinafter called "abutting
properties").
Discussion was held by Councilmember Bauer and the Community Development Director
regarding the definition of infill lots approved as part of the forty-five day moratorium.
John Roe, Huntington Seacliff Homeowners Association representative and Planning Commission
Infill Ordinance Committee member, spoke in response to Council questions regarding three lots
in lower Seacliff on Scenic Bay Lane and Palm Avenue stating that by the staff definition would
not be considered an infill lot and that he disagreed. ;
9�`' .1-
Page 14 - Council/Agency Minutes - 07/05/94
Councilmember Sullivan withdrew his motion and Moulton -Patterson withdrew the second.
Motion to Approve Staff Recommended Definition of Residential Infill Lot - Approved
A motion was made by Sullivan, seconded by Winchell, to approve the amended staff
recommended definition of Residential Infill Lot by deleting "and alleys" as follows:
9730.87.1 Residential Infill Lot - Definition. Residential Infill Lot - An infill lot is a vacant parcel of
land intended for single family development which is adjacent to one or more existing single
family residential units excluding parcels which are separated by streets. Room additions are
exempt from this definition.
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
N IOES; None
ABSENT: Robitaille
Motion to Amend Article 9730.87.2 - Section D. Public Notification Requirements FAILED
for Lack of a Second
A motion was made by Sullivan to amend Section 9730.87.2 Infill Lot Design Considerations
Section D. Public Notification Requirements as follows:
D. Public Notification Requirements
On the day the applicant submits plans for plan check, the applicant shall notify by registered mail
all owners of property abutting the planned infill development lot. Letters of notification shall give
a brief description of the planned development and include the following:
a.. Name of applicant
b. Location of planned development
c. Nature of the planned development, including maximum building height and square
footage
d. The City Hall telephone number for the Department of Community Development to call for
viewing plans
e. The date by which any comments must be received in writing by the Department of
Community Development. This date shall be the 20th calendar day after the date of
mailing.
f. The address of the Department of Community Development.
92.
Page 15 - Council/Agency Minutes - 07/05/94
The applicant shall submit to the city, concurrent with submitting plans for plan check, evidence of
having mailed registered letters.
The motion FAILED for lack of a second.
Councilmember Bauer requested information from the developer regarding the effect of this
change in public notification requirements.
Ton Zanic, Seacliff Partners representative, spoke in support of not making the process more
laborious. _
Discussion was held by Councilmember Bauer and the Community Development Director
regarding the current policy for public notification and consistency with that policy.
Tom Zanic, Seacliff Partners representative, stated that he had reviewed the staff proposal for
public notification requirements and thought it was reasonable.
Motion to Amend Article 9730.87.2 - Section D. Public Notification Requirements - Approved
A motion was made by Sullivan, seconded by Leipzig, to adopt staff recommended wording for D.
Public Notification Requirements and add a, b, c, d, and f (which would be changed to e) from the
Huntington Seacliff Homeowners Association communication.
An amendment to the motion was made by Winchell, accepted by Sullivan to add the first
sentence from e. in the recommended changes by Huntington Seacliff Homeowners Association
and to change "abutting" to "adjacent".
An amendment to the motion was made by Leipzig to include the last sentence of the first
paragraph of the proposed changes by Huntington Seacliff Homeowners Association.
The original motion as amended as follows:
D. Public Notification Requirements
Three days prior to submittal for plan check, the applicant shall give notice of the application to
adjacent property owners by first class mail. The applicant shall submit proof of mailing of the
notice when submitting the application for plan check. The adjacent property owners shall have
ten (10) working days from plan check submittal to provide comments regarding the application to
the Director of Community Development. All decisions of the Director regarding the application
shall be final. Letters of notification shall give a brief description of the planned development and
include the following:
a.. Name of applicant.
b. Location of planned development.
c. Nature of the planned development, including maximum building height and square
footage. 9 �,
Page 16 - Council/Agency Minutes - 07/05/94
d. The City Hall telephone number for the Department of Community Development to call for
viewing plans.
e. The date by which any comments must be received in writing by the Department of
Community Development.
f. The address of the Department of Community Development.
The motion carried by the following roll call vote:
AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES; Silva
ABSENT: Robitaille
Motion to Amend Section C of the Infill Lot Design Considerations - Approved
A motion was made by Leipzig, seconded by Winchell, to amend 9730.87.2 Infill Lot Design
Considerations, Section C. Miscellaneous as follows:
C. Miscellaneous
1. Pad height for new construction shall match to the extent possible, grades of adjacent
residences. Any property owners who intends to add more than two (2) feet of fill to an infill
lot or to add any fill to a lot where the grade differential is already two (2) feet or more relative
to an abutting lot shall demonstrate to the satisfaction of the City Engineer that there is no
other acceptable method to drain the property adequately.
The motion carried by the following roll call vote:
AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES; Silva
ABSENT: Robitaille
Motion to Adopt Ordinance No. 3242A and Code Amendment No. 94-4 - Approved
The original motion made by Silva, seconded Leipzig, to approve the Planning Commission
recommendation to adopt Emergency Ordinance No. 3242A with Staff Proposed Changes, as
amended, after reading by title and Code Amendment No. 94-4, with findings as outlined in
Ordinance No. 3242A with Staff Proposed Changes and Findings for Approval as outlined as
follows - "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
ARTICLE 973 OF THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW
SECTIONS PERTAINING TO RESIDENTIAL INFILL DEVELOPMENTS." The motion carried by
the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
i , NOES; None
9`!` ABSENT: Robitaille
Page 17 - Council/Agency Minutes - 07/05/94
FINDINGS FOR APPROVAL - EMERGENCY ORDINANCE NO. 3242A/CODE AMENDMENT
NO. 94-4
1. Code Amendment No. 94-4 creates requirements for the orderly development of residential
infill lots, including public notification, setback and architectural design.
2. Code Amendment No. 94-4 is consistent with the goals and policies contained with the City's
General Plan.
Motion to End Forty -Five Day Moratorium
A motion was made by Leipzig, seconded by Silva, to bring to an end the forty-five day
moratorium that Council enacted twenty-nine days ago. The motion carried by the following roll
call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES;, .... None
ABSENT: Robitaille
Councilmember Winchell thanked staff and the Planning Commission for their hard work.
Discussion Held Regarding Continuance of Meeting Past Eleven P.M.
The Mayor announced that it was past the hour of eleven o'clock and to comply with Council
resolution, asked for a motion to continue the meeting.
Discussion was held by Council on what date to continue the meeting.
A motion was made by Leipzig to waive the eleven p.m. witching hour and proceed with the
agenda until completed. The motion FAILED for lack of a second.
The City Administrator stated that a meeting could be held on Monday, July 11, 1994, at
6:30 p.m.
Fire Chief Dolder requested that action be taken on the oil spill contingency plan grant
acceptance of additional grant funds.
(City Council) OIL SPILL CONTINGENCY PLAN GRANT - ACCEPTANCE OF ADDITIONAL
GRANT FUNDS - RESOLUTION NO. 6611 - ADOPTED (340.80)
The City Clerk presented Resolution No. 6611 for Council adoption - "A. RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING ACCEPTANCE OF
GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF FISH AND GAME FOR
DEVELOPMENT OF INTEGRATED OIL SPILL CONTINGENCY PLANS."
�Slm
Page 18 - Council/Agency Minutes - 07/05/94
A motion was made by Winchell, seconded by Leipzig, to adopt Council Resolution No. 6611.
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES; None
ABSENT: Robitaille
The City Clerk stated the need to open and continue the public hearings regarding the appeal of
Revised Conditional Use Permit No. 91-57, Revised Coastal Development Permit No. 92-2 and
Revised Negative Declaration No. 92-9 regarding a basement addition to the health club at
303 Third Street and Resolution No. 6608 ordering vacation of an easement for public street
purposes over a portion of public street - Island Bay Lane north of Palm Avenue.
Sarah Lazarus, Deputy City Attorney, stated that the public hearings do not have to be opened as
the meeting on July 11, 1994 is a continuance of this meeting.
A motion was made by Leipzig, seconded by Sullivan, to continue the meeting to Monday,
July 11, 1994 at 6:30 p.m. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan
NOES; None
ABSENT: Robitaille
(City Council) PUBLIC HEARING CONTINUED OPEN FROM JUNE 6, 1994 - CODE
AMENDMENT NO. 92-5 - DOWNTOWN SPECIFIC PLAN CODE AMENDMENT AND "VILLAGE
CONCEPT" - DOWNTOWN PARKING MASTER PLAN - INTRODUCTION OF ORDINANCE
N,Q. 3239 - CONTINUED TO JULY 11, 1994 (450.30)
(City Council) PUBLIC HEARING - CODE AMENDMENT NO. 91-10 - ENVIRONMENTAL
ASSESSMENT NO. 91-32 - PROPOSED ZONING AND SUBDIVISION ORDINANCE -
DIVISION 9 REWRITE - CONTINUED TO JULY 11, 1994 (640.10)
(City Council) PUBLIC HEARING - APPEAL FILED BY COUNCILMEMBER RALPH BAUER OF
PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 94-10 WITH
SPECIAL PERMIT FOR COMPACT PARKING SPACES - FRAZER TREMBLAY ENTERPRISES
- INDOOR SWAP MEET - 5555 McFADDEN AVENUE - CONTINUED TO JULY 11, 1994
(420.40)
(City Council) PUBLIC HEARING - APPEAL OF PLANNING FILED BY COUNCILMEMBER
EARLE ROBITAILLE OF COMMISSION'S DENIAL OF REVISED CONDITIONAL USE PERMIT
NO. 91-57, REVISED COASTAL DEVELOPMENT PERMIT NO. 92-2 - REVISED NEGATIVE
DECLARATION NO. 92-9 - BASEMENT ADDITION TO PREVIOUSLY APPROVED HEALTH
CLUB - 303 THIRD STREET - CONTINUED TO JULY 11, 1994 (420.40)
Page 19 - Council/Agency Minutes - 07/05/94
LCity Council) PUBLIC HEARING - RESOLUTION NO. 6608 ORDERING A VACATION OF AN
EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF PUBLIC STREET
ISLAND BAY LANE - NORTH OF PALM AVENUE - CONTINUED TO JULY 11, 1994 (800.50)
ANNUAL MEETING OF THE HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION -
THE MAYOR WILL RECESS THE COUNCIL/AGENCY MEETING IN ORDER TO CONVENE
ANNUAL REGULAR MEETING OF THE CIVIC IMPROVEMENT CORPORATION - CONTINUED
TO JULY 11, 1994
(City Council) FEDERAL FUNDING FOR FEMA DISASTER NO. 1008 - NORTHRIDGE
EARTHQUAKE - DESIGNATION OF APPLICANT'S AGENT FIRE CHIEF DOLDER AND
EMERGENCY SERVICES MANAGER REYNOLDS AND EMERGENCY SERVICES
COORDINATOR MORRISON - CONTINUED TO JULY 11, 1994 (340.70)
(City Council) FINAL TRACT MAP NO. 14648 - PORTION OF TENTATIVE TRACT MAP
NO. 14134 - SUBDIVISION AGREEMENT - SOUTHEAST CORNER OF SEAPOINTE AVENUE
AND PALM AVENUE - CONTINUED TO JULY 11, 1994 (420.60)
(City Council) AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES - COUNTY
OF ORANGE - CONTINUED TO JULY 11, 1994 (600.25)
(City Council) YOUTH BOARD APPOINTMENTS - WILLIAMS/TERHUNE/O'SULLIVAN/
SHUNMUGAVEL - REAPPOINTMENTS - HORACK/GILLESPIE/TRAN/LIU/RECHSTEINER -
CONTINUED TO JULY 11, 1994 (110.20)
(City Council) AMICUS BRIEF - CITY OF LAGUNA HILLS V. COUNTY OF ORANGE - ORANGE
COUNTY SUPERIOR COURT CASE NO. 71-73-38 - CONTINUED TO JULY 11, 1994 (630.50)
(City Council) REAPPOINTMENTS TO PERSONNEL COMMISSION - BLANCHE DEIGHT -
WALDEMAR VAN COTT - CONTINUED TO JULY 11, 1994 (110.20)
(City Council) PARCEL MAP NO. 92-203 - H.R.L. CONSTRUCTION, INCORPORATED - 7541
AND 7555 WARNER AVENUE - CONTINUED TO JULY 11, 1994 (420.70)
Redevelopment Aaencv) SELECTION OF NON-PROFIT DEVELOPER - ORANGE HOUSING
DEVELOPMENT CORPORATION - YORKTOWN- LAKE SENIOR HOUSING - COMMENCE
NEGOTIATION OF EXCLUSIVE NEGOTIATION AGREEMENT - YORKTOWN-LAKE PROJECT
AREA - CONTINUED TO JULY 11, 1994 (430.55)
9'
Page 20 - Council/Agency Minutes - 07/05/94
(City Council) LICENSE AGREEMENT BETWEEN THE CITY AND ORANGE COUNTY WATER
DISTRICT - TWO GROUNDWATER MONITORING WELLS IN HUNTINGTON BEACH -
NEWLAND STREET NORTH OF ELLIS AVENUE AND LAMBERT PARK WEST OF NEWLAND
STREET - CONTINUED TO JULY 11, 1994 (600.25)
(City Council) PHASE III GOLDENWEST STREET IMPROVEMENTS FROM WALNUT AVENUE
TO YORKTOWN AVENUE - PLANS AND SPECIFICATIONS AND CALL FOR BIDS - CC-911 -
CONTINUED TO JULY 11, 1994 (600.50)
(City Council) RESOLUTION NO. 6609 - MATCHING FUNDS FROM ORANGE COUNTY
COMBINED TRANSPORTATION FUNDING PROGRAM - FISCAL YEARS 1995/96 AND 1996/97
- CONTINUED TO JULY 11, 1994 (800.45)
(City Council) AFFORDABLE HOUSING PLAN - TENTATIVE TRACT MAP NOS. 14007
AND 14009 - SEACLIFF PARTNERS - THE HAMPTONS - CONTINUED TO JULY 11, 1994
(420.60)
(City Council) POLICE DEPARTMENT DENIAL OF ENTERTAINMENT PERMIT - NIGHTCLUB
KNOWN AS CLUB 5902 - CONTINUED TO JULY 11, 1994 (630.10)
(City Council) RECLASSIFICATION OF WALNUT AVENUE BETWEEN THIRD STREET AND
MAIN STREET - CIRCULATION ELEMENT - ORANGE COUNTY MASTER PLAN OF ARTERIAL
HIGHWAYS - CONTINUED FROM JUNE 6, 1994 - CONTINUED TO JULY 11, 1994 (800.10)
(City Council) CONTINUED FROM MAY 2, 1994 - POLICY REGARDING PROCEDURES FOR
PUTTING PROJECTS TO VOTE OF PEOPLE - MEASURE "C" VOTE REQUIREMENTS -
PURSUANT TO HUNTINGTON BEACH CITY CHARTER - - CONTINUED TO JULY 11, 1994
(620.50)
(City Council CREATION OF NEW DEPUTY CITY ATTORNEY 1 POSITION - DEFERRED
FROM JUNE 6, 1994 - CONTINUED TO JULY 11, 1994 (700.60)
(City Council) REGULATION OF COMMERCIAL MOBILE VENDING WITHIN PUBLIC RIGHT-
OF-WAY - CONTINUED TO JULY 11, 1994 (640.10)
•e
•
Page 21 - Council/Agency Minutes - 07/05/94
ADJOURNMENT - CITY COUNCIUREDEVELOPM ENT AGENCY - --
Mayor Moulton -Patterson adjourned the adjourned regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Monday, July 11, 1994 at 6:30 p.m. in
the Council Chambers, Civic Center, Huntington Beach, California.
City Clerk/Clerk
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
919