HomeMy WebLinkAbout1996-05-20MINUTES
CITY COUNCIUREDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
5:00 P.M. - Room B-8
7:00 P.M. - Council Chamber
Huntington Beach, California
Monday, May 20, 1996
Call To Order
Mayor Sullivan called the regular meetings of the City Council and the Redevelopment Agency of
the City of Huntington Beach to order at 5:00 p.m. in Room B-8.
City Council/Redevelopment Agency Roll Call
Present: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
Absent: Harman
Recess - Closed Session
The Mayor called a recess of the City Council and the Redevelopment Agency at 5:05 p.m. to
consider the following closed session items:
Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its
attorney regarding pending litigation which has been initiated formally and to which the city is a
party. The title of the litigation is State of California v. BP America, et al. Orange County Superior
Court Case No. 64 63 39. Subject: Status Report - American Trader Oil Spill Litigation.
(120.80)
Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its
designated representatives William Osness, Personnel Director and Daniel Cassidy, Esquire,
Liebert, Cassidy and Frierson regarding Labor Relations Matters - Meet and Confer with the
following employee organizations: Marine Safety Officers' Association, Police Officers' Association,
Police Management Association, Municipal Employees' Association, Management Employees'
Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees'
Association. (120.80)
Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its
attorney regarding pending litigation (Based on existing facts and circumstances, the legislative
body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number
of Potential Cases - 1. Subject: Peck Reservoir. (120.80)
Reconvene
The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at
7:40 p.m. in the Council Chambers.
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City Council/Redevelopment Agency Roll Call
Present: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
Absent: Harman
Flag Ceremony
The Pledge of Alligiance and Flag Ceremony was presented by the Huntington Beach Police
Department Ceremonial Guard.
Invocation
The Invocation was led by Police Chief Lowenberg.
Late Communications Announced By The Citv Clerk
Pursuant to the Brown Act, the City Clerk announced the following late communications regarding
agenda items which had been received following the distribution of the agenda:
Communication from John Ward, dated May 20, 1996, requesting denial of the Sanitation District
Appeal regarding Coastal Development Permit 95-39 and Variance No. 95-32
Summary of Results of Technical Oral Board Interviews of City treasurer Candidates dated
May 20, 1996
Communication from Jo Ann and Dwight Ferguson regarding landscaping issues relative to the
public hearing scheduled
Communication from Planning Commission Chairman Bob Biddle in support of the Planning
Commission's unanimous approval of conditions for Coastal Development No. 95-39 and Variance
No. 95-32.
Petition listing approximately 197 signatures in support of maintaining the Police Canine Unit.
Introduction - To Mayor Dave Sullivan and City Council by Huntington Beach Police Chief Ron
Lowenberg of the newly formed Huntington Beach Police Department Ceremonial Guard.
Presentation - To Mayor Dave Sullivan by Ron Shenkman, Community Relations Manager,
Cal -Resources, a check for Project Self -Sufficiency in the amount of $2,500.
Proclamation - By Mayor Dave Sullivan to Ron Hagan, Community Services Director, Captain
Steve Seim, Marine Safety Division, and Marine Safety Officer Michael Bartlett a proclamation
proclaiming the week of May 20-27, 1996 as National Beach Safety Week.
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Public Comments
David Barr, representing The Boys and Girls Clubs of Huntington Valley, invited the
Councilmembers, staff and members of the audience to attend the 18th annual Boys and Girls
Club silent and voice auction on June 1, 1996.
In response to Councilmember Garofalo, Mayor Sullivan offered "Lunch With The Mayor' as an
auction item.
Diane Benae Lenning, owner of the home at 2502 Delaware Street, addressed Council regarding
the Agenda Item on the Yorktown Avenue widening at Delaware Street and the proposed
relocation of the home at 2502 Delaware Street. She spoke regarding the history of the home over
the five generations it has been owned by her family. She spoke regarding the conditions under
which the family would sell which revolve around the health of her mother. She informed Council
of her current escrow with the city relative to the residence. She questioned whether tight city
funds should be spent on a sidewalk at this time. She stated that it is her understanding that
Measure M Funds are available for fifteen to twenty -or -more years.
In response to Councilmember Leipzig, Public Works Director Les Jones stated he had provided a
staff report to Ms. Lenning,
Clyde Benae, one of the owners of the property at 2502 Delaware Street, informed Council that
they would like to work with staff and Council to resolve the issue and that they have always been
willing to work with the city but have been unable to express this. He stated their concern for their
mother's welfare.
Carolyn Minton, member of Florida/Utica Task Force, addressed Council regarding the agenda item
on the Yorktown Avenue widening. She stated that the main concern of the Florida -Utica Task
Force is safety for pedestrians and automobiles. She stated that Yorktown Avenue has become a
very busy thoroughfare and is the main exit for those who live in the area. She spoke regarding
the current lack of sidewalk on the north between Delaware Street and England Street and the
inability to cross the street on the east side of Yorktown Avenue is a real hazard and that many
school children and young people cross Yorktown Avenue to get to Dwyer, Smith, and Huntington
Beach High School. She stated that the Task Force is in favor of the project as proposed. She
stated that after the structural analysis of the house is done, if there are problems, then they would
support the the fourth alternative.
John Carter thanked Council for the improvements in his neighborhood and for the proposed street
widening. He stated he supported the Florida -Utica Task Force in its support of the city staff
recommendation.
Ernie Bellino stated his support for the staff recommendation. He stated that to put a bend in the
road would cause traffic problems as stated by staff. He spoke in support of relocation of the
house.
Donna Klein, representing the Huntington Youth Shelter, spoke in support of the agenda item
pertaining to the Huntington Youth Shelter assignment of lease.
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Bob Kakuk spoke in support of the agenda item pertaining to the agreement and plan for the
Veteran's Memorial. He displayed a rendering of the proposed memorial for the information of the
Council and audience. He spoke regarding the goal of raising $25,000 in funds by
November 11, 1996 Veterans Day.
Bill Holman informed Council that he would be present to answer any questions Council may have
relative to the agenda item on the pending sale of property located at 19102 Crystal Street to Carl
Weaver.
Ardath Faumui spoke in support of senior services and informed Council of how much seniors are
helped by these services.
Angela Buysse and Rebecca Green, students, requested that the DARE Program not be a part of
the budget cuts.
Raymond Bray, Junior Lifeguard Program participant, addressed Council regarding the future of
the Junior Lifeguard Program and possible safety hazards caused by many events on the beach
being centered in the area of the facility. He stated that the facility was built to accommodate 35
and now has 1,000 Junior Lifeguards. He stated that the facility was to be demolished 10 years
ago. He spoke regarding safety hazards along Pacific Coast Highway caused from picking up and
dropping off students every day.
Sharon Holland, Junior Lifeguard Program participant, stated that she believed the pick up and
drop off for lifeguard students on Pacific Coast Highway is a safety hazard. She stated that the
congestion in the facility area is not compatible with the program and requested that the
headquarters be moved to the 17th Tower where there is parking area. She requested it be put on
the November 11, 1996 General Municipal Election ballot.
Tom DeLong, Junior Lifeguard Program participant, asked Council to think about the needs of the
Junior Lifeguard Program when considering the budget.
Bob Pratt, President of Volunteers of America, spoke in support of the agenda item regarding the
Huntington Youth Shelter.
In response to Councilman Garofalo, Mr. Pratt stated that the Volunteers of America would be
contacting other cities for Block Grant Funding.
Pam Julien, Chair of the Fourth of July Executive Board, presented an update on the committee's
progress on the Parade. She distributed T-shirts and American Flags to the Council. She
presented a run-down of the planned events.
The Mayor extended his appreciation and that of the members of the Council for the work of the
Fourth of July Executive Board in preparing the Fourth of July Parade and activities.
Barbara Huss distributed a display which showed that the canine unit has been eliminated. She
spoke regarding the city's need for the canine unit and quoted from an author's statement on the
subject made seven years ago. Ms. Huss presented a petition listing approximately 197 signatures
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of persons in support of the Huntington Beach Police Canine Unit. She questioned in which city
fund had donations for the canine unit been placed.
Louis Castle, Los Angeles County Police Canine Association, spoke regarding the proposed
retirement of canines in his city and that the Council had informed their Police Chief that they
wanted the unit to remain. He spoke regarding the merits of a canine unit such as the ability to
save time in the search of a facility such as a large department store; also officer safety when a
dog can find a suspect together with less resistance to arrest.
Dana Johnson informed Council that he was a canine handler in another city. He stated that he
has been collecting signatures (200 in less than five days) in support of retaining the police canine
unit.
Mark Stemmer spoke in support of the canine unit and informed Council of the public support for
the unit.
Arlene Bumb stated her support of the canine unit and spoke regarding the need for safety of her
family and others in the city.
John Ely spoke regarding the communication he submitted in March, 1996 on the General Plan.
He informed Council of a newspaper article regarding the donation of land to the Bolsa Chica site
from the Metropolitan Water District and their possible plans for expansion of the desalinization
plant.
Emil Jinx Varona spoke regarding what he believed to be unfairness in the refusal by Council of his
request to expand his business through a conditional use permit process earlier this year, as the
staff had recommended approval. He requested Council to re -consider his request. In response to
Mayor Sullivan, Howard Zelefsky, Planning Director, stated that pursuant to city law Mr. Varona
must wait one year to submit another conditional use permit application.
Kenneth Fenger thanked the City Council for their Human Dignity Proclamation. He asked that
homosexuality not be presented as an acceptable lifestyle.
State Allocation Of Funds To Schools
Councilmember Garofalo reported on Governor Pete Wilson's announcement of a major stated
program to give every school a one time allocation of $50,000. Councilman Garofalo stated that
Governor Wilson had made his announcement from Kettler School.
(City Council) Public Hearing - Resolution No. 96-40 - Adopted - 1995 Urban Water
Management Plan -Pursuant to Assembly Bill 797 And Senate Bill 1011 (1000,90)
The Mayor announced this was the meeting set for a public hearing to consider the adoption of the
1995 Urban Water Management Plan. In accordance with the Urban Water Management Planning
Act of 1983, the city is required to file with the State of California an Urban Water Management
Plan every five years. (Said plan on file for public review in the Office of the City Clerk.)
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The City Council considered Resolution No. 96-40 - "A Resolution Of The City Council Of The City
Of Huntington Beach Adopting The Urban Water Management Plan Pursuant To Ab 797 And Sb
1011."
The Public Works Director presented a staff report.
Councilman Leipzig requested that the water reclamation portion of the report be expanded in the
future.
The Mayor declared the public hearing open.
There being no one to speak on the matter and there being no protests fled, either oral or written,
the hearing was closed by the Mayor.
A motion was made by Leipzig, second Dettloff, to adopt, after reading by title, Resolution
No. 96-40. The motion carried by the following roll call vote:
AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: None
ABSENT: Harman
(City Council) Appeal Filed By County Sanitation Districts Of Orange County - To Planning
Commission's Conditional Approval of Coastal Development Permit No. 95-39Nariance
No. 95-32 (3.200 s.g. Pump Station And Reconstruction Of An Existing Hydraulic Surge
Tower) - Appeal Approved As Amended (420.80)
The Mayor announced that this was the meeting set for a public hearing to consider the following
appeal:
Applicant/Appellant: County Sanitation Districts of Orange County
Re -quest: An appeal of the Planning Commission's approval of Coastal Development Permit
No. 95-39 and Variance No. 95-32 for a new 3,200 square foot pump station and the
reconstruction of an existing hydraulic surge tower. The approval included a variance for an 86
foot high tower in lieu of maximum 40 foot height permitted by the code. The County Sanitation
Districts of Orange County is appealing two (2) conditions of approval regarding landscaping of the
site and city participation in a facilities master plan for the treatment plant.
Location: 22212 Brookhurst (approximately 2,200 feet north of Pacific Coast Highway, adjacent to
the Santa Ana River)
Coastal Status: Located in the appealable jurisdiction of the Coastal Zone and includes Coastal
Development Permit No. 95-39, filed on November 13, 1995, in conjunction with the above request
and notice is hereby given that this Coastal Development Permit hearing consists of a staff report,
public hearing, City Council discussion and action. May be appealed to the California Coastal
Commission, 245 W. Broadway, Suite 380, Long Beach, California 90801-1450, following City
Council action or unless Title 14, Section 13573 of the California Administrative Code is applicable.
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Environmental Status: Covered by Environmental Impact Report State Clearing House No.
88012008 certified by the Board of Directors County Sanitation Districts of Orange County in June,
1989 and Supplement No. 3 to the Environmental Impact Report certified by the Board of Directors
County Sanitation Districts of Orange County in January, 1995.
A communication from Jon Ely, dated May 15, 1996, regarding the public hearing had been
included in the City Council packet.
The following communications regarding the public hearing had been announced earlier in the
meeting by the City Clerk as Late Communications:
Communication from John Ward, dated May 20, 1996, requesting denial of the Sanitation District
Appeal regarding Coastal Development Permit 95-39 and Variance No. 95-32
Communication from Jo Ann and Dwight Ferguson regarding landscaping issues relative to the
public hearing on Coastal Development Permit No. 95-39 and Variance No. 95-32
Communication from Planning Commission Chairman Bob Biddle in support of the Planning
Commission's unanimous approval of conditions for Coastal Development Permit No. 95-39 and
Variance No. 95-32
Mary Beth Ormsby, Associate Planner, presented a staff report. She referred to wall photographs
and drawings.
Councilwoman Dettloff stated that the main concern of the appeal was landscaping issues.
Associate Planner Ormsby confirmed that the new language drafted by staff was acceptable to
Councilman Harman.
Several other questions presented by Councilwoman Dettloff regarding construction and landscape
plans were answered by Associate Planner Ormsby.
Jon Ely requested that the staff recommendation be denied; however if a compromise is made that
new wording be inserted in the conditions of approval. He presented his proposed wording.
At the request of Council, Mr. Ely used a chart to point out his concerns with the proposed project.
There being no one further to speak on the matter and there being no further protests filed, either
oral or written, the hearing was closed by the Mayor.
Tom Dawes, Orange County Sanitation District representative, at the request of Council, described
the District's plans and requested the city staff's help in making the plant look better. He requested
that no delay be made and spoke regarding the interest of the city, State Fish and Game and
others in the landscaping plans. He requested the staff recommendation be approved.
Discussion was held. A report was given by Councilwoman Dettloff.
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Daryl Smith, Superintendent, Park, Tree and Landscape Division, reported on the landscaping
project.
At the request of the Assistant City Administrator, Associate Planner Ormsby reported on the time
frame for the landscape plans.
Daryl Smith, Superintendent, Park, Tree, and Landscape Division, again reported on landscaping.
Councilman Bauer stressed that the need to deal with ugliness in city design must be met and
asked if Council could be a part of the meetings with staff and the Sanitation District.
A motion was made by Garofalo, second Green, to (1) Approve Coastal Development Permit
No. 95-39 and Variance No. 95-32 with findings and revised conditions of approval as set forth on
Attachment No. 2 to the Request for Council Action dated May 20, 1996 as amended, (2) To
change wording on Attachment No. 2.3 to read 16 Implementation of a study of landscaping
possibilities along the Pacific Coast Highway side of the facility", and that the (3) Council
representatives to the Sanitation Board be notified of any meetings of substance, and further for a
landscaping plan to return to Council within a time not to exceed 45 days. The motion carried by
the following roll call vote:
AYES:
Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES:
None
ABSENT:
Harman
Amended Findings And Conditions Of Approval - Coastal Development Permit No. 95-39 -
Variance No. 95-32
Findings For Approval - Coastal Development Permit No. 95-39
The request to permit a 3,200 square foot pump station and an 86 foot high surge tower conforms with the
plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed
landscaping and mural improvements will improve the appearance of the treatment facility, and
completion of the project will promote the Coastal Element goal of providing adequate community
facilities within the Coastal zone. The surge tower will be located at a facility which already includes
several other towers and structures which, because of their size, height and stark appearance, may be
considered to impact views. The proposed tower will not significantly add to these impacts but because of
its height will be visible from Pacific Coast Highway. The proposed landscaping improvements are
designed to minimize impacts of the proposed tower and existing structures. Further, the tower will be
located at the southeasterly end of the site and will not be visible from the residences on the west side of
Brookhurst Avenue. The proposed pump station and surge tower will not impact public access because
they are in an area where none exists.
2. Coastal Development Permit No. 95-39 is consistent with the CZ suffix zoning requirements, the MI -A
Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the
property. The proposed development will conform with all applicable City codes. The proposed pump
station and surge tower involve the reconstruction and relocation of existing facilities located within the
County Sanitation Districts of Orange County Wastewater Treatment Plant No. 2. The pump station will
conform to all applicable City codes. The surge tower will conform to all City codes with the exception of
the maximum height limit of 40 feet. The overall 86 foot height of the proposed surge tower has been
approved through the granting of Variance Number 95-32 which has been processed concurrently with the
Coastal Development Permit.
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3. At the time of commencement of operations, the proposed pump station and surge tower will be provided
with infrastructure in a manner that is consistent with the Coastal Element of the General Plan.
Infrastructure currently exists to the site. Any modifications to infrastructure required as a result of
development of this project have been included as conditions of approval.
4. The proposed pump station and surge tower conform with the public access and public recreation policies
of Chapter 3 of the California Coastal Act. No public access or recreational opportunities will be affected
by the new construction.
Findings For Approval -Variance No. 95-32:
The granting of a variance for an 86 foot high surge tower ( 98 feet MSL) in lieu of maximum 40 foot
height will not constitute a grant of special privilege inconsistent with limitations upon other properties in
the vicinity and under an identical zone classification. The proposed surge tower will be part of the
facilities at the existing County Sanitation Districts of Orange County Wastewater Treatment Plant 2.
This land use is necessary for the health and safety of the residents and businesses of Huntington Beach.
The height of the surge tower is necessary to accommodate the increased wastewater treatment capacity
necessitated by current and projected population increases. Any land use in an identical zoning
classification which provided a service that was critical for the health and safety of City residents and
businesses could be anticipated to be granted a similar variance that was deemed necessary for health
and safety reasons.
2. Because of special circumstances applicable to the subject property, including size, shape, topography,
location or surroundings, the strict application of the zoning ordinance is found to deprive the subject
property of privileges enjoyed by other properties in the vicinity and under identical zone classification.
Strict application of the zoning Ordinance would deprive the property of its ability to operate the
Treatment Plant at its optimum capacity and accommodate future demand. Other industrial uses in the
M1-A zoning classification can operate optimally because their successful operation is not determined
solely by their ability to directly accommodate population increases.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property
rights. In order for the County Sanitation Districts of Orange County to meet the wastewater treatment
needs of the regional population, it must have the capacity to function at a level which meets these
needs. As the population grows, the waste treatment capacity must also increase. The height of the
surge tower is determined by the capacity of the treatment plant. Granting a variance from the height
restrictions will enable the Treatment Plant to continue to provide the service it was granted approval to
provide at this specific site.
4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property
in the same zone classification and is consistent with the General Plan. The granting of a variance will
enhance the public welfare because it ensures that the County Sanitation Districts of Orange County can
provide adequate wastewater treatment service which is necessary for the health and safety of the
residents and businesses of Huntington Beach.
Conditions Of Approval - Coastal Development Permit No. 95-39/ Variance No. 95-32:
1. The site plan, floor plans, and elevations received and dated November 13, 1995 for the surge tower and
December 12, 1995 for the pump station shall be the conceptually approved layout.
2. The County Sanitation Districts of Orange County and the City of Huntington Beach shall work
cooperatively in an effort to improve the visual appearance of the plant as viewed from Pacific Coast
Highway. The improvements shall be implemented in three phases as follows:
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Phase 1 The County Sanitation Districts of Orange County shall work with the Department of Public
Works to augment and modify the landscape plans dated February 15, 1996 to include the
items below. The revised landscape plans shall be submitted to the City Council for final
review and approval (non-public hearing item) prior to commencing construction of the
pump station and surge tower, and City Council representatives to the Sanitation Districts
shall be notified of any meetings of substance pertaining to the landscape plans:
i. The Department of Public Works shall submit suggested modifications to Drawings No.
L101 and L102 within 30 days of this approval. The landscaping improvements identified
on the pans dated February 15, 1996, as revised, shall be installed by the completion of
the hydraulic surge tower project.
ii. Additional landscaping between the proposed pump station and the blockwall along
Brookhurst Street. The plant material shall be of sufficient height at maturity to effectively
screen the portion of the proposed pump station that will extend above the existing
blockwall and shall be installed within the one month of completion of the pump station.
iii. Implementation of a study of landscaping possibilities along the Pacific Coast Highway
side of the facility
Phase 2 The County Sanitation Districts of Orange County shall prepare a plan, pursuant to item iii
of Phase 1, that provides for additional landscaping along the Pacific Coast Highway side
of the facility. The plan shall provide for landscaping improvements that shield views of
Treatment Plant No. 2 from Pacific Coast Highway as effectively as possible, given
restrictions imposed by the Department of Fish and Game and constraints resulting from
the Plant's infrastructure both above and below ground.
The plan shall be completed at the conclusion of the County Sanitation Districts of Orange
County's strategic plan process or June of 1998, which ever occurs sooner.
Implementation of the plan shall commence immediately thereafter.
Phase 3 The County Sanitation Districts of Orange County shall include an urban design element in
the Phase II strategic plan. The strategic plan shall be prepared by the applicant with
active participation from the City of Huntington Beach Public Works staff to develop an
urban design element which addresses landscaping and aesthetics of Treatment Plant No.
2_
3. Prior to construction, the applicant shall comply with the following:
a. A flood -proofing certificate shall be provided to the Planning Division.
b. Submit drawings for the proposed water system improvements to the Water Division for review and
approval. All water system improvements shall be designed and installed per the City of Huntington
Beach Water Division's Standard Plans, Specifications and Design Criteria. (PW)
4. The use shall comply with the following:
a. Insure that the water system is capable of meeting the required fire flow of 2500 GPM. (FD)
b. The proposed water system improvements shall conform to the State Department of Health Services
California Code of Regulations, Title 17. including Section 7603 titled "Location of Backflow
Preventers, subsection (a); "Air -gap Separation." The water service lateral between the property line
and the air -gap tank shall be located a minimum of six (6) inches above ground and painted medium
blue, Dunn -Edwards No. 10-1-VF51652, with white stenciling. The stenciling shall appear on both
sides of the pipe with the marking "City Potable Water" in one -inch letters repeated every 24 inches.
(PW)
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c. If the meters are not to be located in the public right-of-way, the applicant shall be responsible for the
preparation and execution of all utility easements/agreements required by the City granting the City
the same rights and privileges as if the meters were located in the public right-of-way. These rights
and privileges shall include (but are not limited to) 24 hour access, maintenance and testing. The
City shall be responsible for the ownership and maintenance of the water facilities/ appurtenances
between the mainline and up to and including the meter assembly. (PW)
d. The water system design shall include appropriate water hammer protection, consistent with
documented civil engineering industry practices, and acceptable to the Water Division. (PW)
e. The project shall be served by a minimum of one (1) water service connection from the sixteen inch
water main in Brookhurst Street. The service connection shall not be joined together on the "public"
side of the meter. (PW)
f. Ali existing water services shall be abandoned at the water main per City of Huntington Beach Water
Division's Standard Plans and Specifications prior to the City's final acceptance of the proposed water
system improvements. This includes any irrigation services currently serving the site. (PW)
g. The landscape areas shall be maintained in a neat and clean manner.
h. Note on plans: Fire extinguishers shall be provided and located in areas to comply with the
Huntington Beach Fire Code Standards.
5. The Planning Commission shall be notified in writing if any changes in structure height, floor area,
setbacks, building elevations or open space are proposed as a result of the plan check process. The
Planning Commission reserves the right to require that an amendment to the original entitlement be
processed if the proposed changes are of a substantial nature.
C. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be
disposed of at an off -site facility equipped to handle them.
Information On Specific Code Requirements:
1. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards.
2. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District.
3. The applicant shall obtain an encroachment permit for work done in the public right-of-way.
4. Landscaping shall comply with Section 9607 of the Huntington Beach Ordinance Code.
5. The Planning Commission reserves the right to revoke Coastal Development Permit No. 95-391 Variance
No. 95-32 if any violation of these conditions of the Huntington Beach Ordinance Code occurs.
5. Coastal Development Permit No. 95-391 Variance No. 95-32 shall become null and void unless
exercised within one year of the date of anal approval or such extension of time as may be granted by
the Director pursuant to a written request submitted to the Department of Community Development a
minimum 30 days prior to the expiration date.
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(City -Council) Appeal Filed By Mayor Dave Sullivan - To Planning Commission's Approval of
Conditional Use Permit No. 95-84 with Special Permits - Coastal Development Permit
No. 95-25 - Negative Declaration No. 95-11 - (Standard Market - 126 Main Street) - Appeal
Approved With Modifications (420.40)
The Mayor announced this was the meeting set for a public hearing to consider the following
appeal:
Applicant: Richard A. Harlow
Appellant: Mayor Dave Sullivan
Request: To construct a 9,475 square foot, two-story commercial building with special permits for
waivers from alley dedication, rear yard setback, and build -to fine on Main Street and on Walnut
Avenue; and participation in the in -lieu parking fee program.
Location: 126 Main Street (southeast comer of Main Street and Walnut Avenue)
Coastal Status: Located in the non -appealable jurisdiction of the Coasta) Zone and includes
Coastal Development Permit No. 95-25 filed on September 18, 1995 in conjunction with above
request.
Environmental Status: The Council will also consider Negative Declaration No. 95-11. Notice is
hereby given that initial environmental assessments for the above item was processed and
completed in accordance with the California Quality Act. It was determined that this item, with
mitigation, would not have any significant environmental effects and that a mitigated negative
declaration is warranted_ Prior to acting on the appeal, the City Council must review and act on the
negative declaration. These environmental assessments are on file at the City of Huntington
Beach Community Development Department, 2000 Main Street, and are available for public
inspection and comment by contacting the Community Development Department.
Councilman Sullivan clarified his concerns regarding the appeal.
Scott Hess, Senior Planner, presented a staff report and displayed slides.
Howard Zelefsky, Planning Director, presented photo slides of the downtown area to acquaint City
Council with the project dimensions under consideration.
The Mayor declared the hearing open.
Richard Harlow, applicant, commented on the slides, stating that a few examples were not an
accurate measurement except for distance purposes. Mr. Harlow referred to the proposed project
renderings which were displayed on a wall. Mr. Harlow spoke at length regarding dimensions.
Natalie Kotsch addressed Council regarding the need to ensure that there is common sense in
design of the space. She spoke regarding the needs of future occupants. Ms. Kotsch stated that
the corner needed to be maximized and beautified and requested that Council concur with the
approval of the Planning Commission.
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Scott Hess, Senior Planner, responded to questions presented by Councilwoman Dettloff regarding
the project including payment in lieu of parking spaces.
Economic Development Director Biggs answered questions from Councilwoman Dettloff regarding
Owner Participation Agreement and open space.
Councilman Garofalo requested clarification of staff's recommendations.
Considerable discussion was held.
Councilwoman Dettloff spoke regarding Council's intention to have buildings in the downtown area
of which Council can be proud. She stressed the need to abide by the Downtown Specific Plan.
Councilman Leipzig presented questions regarding Findings for Denial, Special Permits as it
pertained to Zero Side Yard Set Back.
Scott Hess, Senior Planner, confirmed that Condition (a) waiver of 4.5 alley should not be put in as
it had been included accidentally.
A motion was made by Sullivan, second Garofalo, to approve Negative Declaration No. 95-11 with
Mitigation Measures as set forth as Attachment No. 10 of the Request For Council Action dated
May 20, 1996, and to overturn the Planning Commission's action by approving Conditional Use
Permit No. 95-84 which are one (1) Special Permit and Coastal Development Permit No. 95-25
with modifications, findings and suggested conditions of approval as set forth on Attachment No. 3
of the Request for Council Action dated May 20, 1996, as amended by language change (a) waiver
of 4.5 foot alley dedication to be a Finding of Aperoval rather than denial. The motion carried by
the following roll call vote:
AYES: Leipzig, Bauer, Sullivan, Dettloff, Garofalo
NOES: Green
ABSENT: Harman
Motion To Add Finding For -Approval - Blind Alley With No Through Traffic - Approved
A motion was made by Sullivan, second Leipzig, that a Finding be added that it is a blind alley with
no through traffic. The motion carried by the following roll call vote:
AYES: Leipzig, Bauer, Sullivan, Dettloff, Garofalo
NOES: Green
ABSENT: Harman
In response to Councilman Garofalo, Mr. Harlow responded that he would have to explore the
possibility of a rehabilitation.
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Recess -Reconvene
The Mayor recessed the City Council and Redevelopment Agency meeting at 10:15 p.m.. The
meeting was reconvened at 10:30 p.m. in the Council Chambers.
Staff Directed To Amend Conditions of Approval Conditional Use Permit No. 95-84 With
Special Permits - Coastal Development Permit No. 95-25 - Negative Declaration No. 95-11 -
(Standard Market - 126 Main Street)_- Approved
Scott Hess, Senior Planner, informed Council that in light of Council action on the aforementioned
appeal there would be a couple of conditions that will need to be amended to reflect Council's
action.
A motion was made by Sullivan, second Dettloff, to direct staff to amend the Conditions of
Approval to reflect the City Council's adopted motion on the appeal. The motion carried by the
following roll call vote:
AYES:
Leipzig, Bauer, Sullivan, Dettloff, Green
NQES:
Garofalo
ABSENT:
Harman
Amended Findings And Conditions Of Approval, Conditional Use Permit No. 95-84 - Special
Permits - Coastal Development Permit No. 95-25 - (Standard Market - 126 Main Street)
Findings For Approval - Conditional Use Permit No. 95- 84:
1. The establishment, maintenance and operation of an approximately 9,475 sq.ft. two story,
retail/restaurant building, as modified by conditions of approval, will not be detrimental to the general
welfare of persons working or residing in the vicinity or detrimental to the value of the property and
improvements in the neighborhood because:
a. The project layout will be consistent with the intent of the Downtown Specific Flan (DTSP).
b. Outdoor opportunities will be provided to encourage pedestrian activity.
c. Parking will be provided by the Downtown Parking Master Plan and payment of in -lieu parking fees.
d. The project is consistent with the Visitor Serving Commercial land use designation of the General
Plan.
2. Conditional Use Permit No. 95-84 for an approximately 9,475 sq.ft. two story, retail/restaurant building, as
modified by conditions of approval, will be compatible with surrounding uses because :
a. Views will not be blocked and light and air corridors will be provided.
b. The proposed project will improve the appearance of a visual degraded site with the construction of a
building of Mediterranean design, the established design theme for the area.
3. The proposed retail/restaurant building, as modified by conditions of approval, will comply with the
provisions of the base district, which is Downtown Specific Plan District 3, applicable provisions in Titles
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20-25 of the Huntington Beach Zoning and Subdivision Ordinance, and any specific condition required for
the proposed use in the district in which it would be located, except for the special permit approved
herein.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with
the Land Use Element designation of Visitor Serving Commercial on the subject property. In addition, it is
consistent with the following goals and policies of the General Plan:
a. Ensure commercial development that is economically viable, attractive, well related to other land
uses, and satisfies the needs of the City's residents.
b. Promote the development of services and facilities to support a tourist industry.
c. Protect, encourage, and where feasible, provide visitor serving facilities in the coastal zone which are
varied in type and price.
d. Preserve and enhance visual resources within the coastal zone.
Finding For Approval - Special Permit:
The requested special permit to allow a zero rear yard setback (in lieu of a minimum three feet) adjacent
to the alley promotes a better urban environment and is consistent with objectives of the DTSP in
achieving a development adapted to the terrain and compatible with the surrounding environment. The
required four and one-half foot alley dedication increases the alley width to 24 feet. This alley does not
accommodate through traffic and will provide adequate access for fire and police safety, deliveries, and
trash collection; therefore, no additional setback is necessary.
Findings For Denial - Special Permits:
1. The following requested special permits do not promote a better urban environment:
a. Waiver of 4.5 foot alley dedication,
b. Two foot setback for the first floor and zero setback for the second floor on Main Street in lieu of
five feet setback ("build -to" line), and
c. Half of the building on Walnut Avenue at a zero setback and half of the building on Walnut
Avenue at a three foot setback in lieu of five foot setback ("build -to" line).
There are no significantly greater benefits, such as greater open space and greater setbacks, from the
project to be provided than would occur if all the minimum requirements were met. The special permits
reduce opportunities for outdoor dining and pedestrian oriented activity and result in overbuilding of the
site. The proposed building does not provide an upper story setback and, therefore, special permits
create an increase in building bulk. They are inconsistent with the goals and objectives of the DTSP
2. The requested special permits do not provide better land planning techniques with maximum use of
aesthetically pleasing types of architecture, landscaping, site layout and design. The proposed building
design does not provide area for signage or outdoor activities. The special permits create a building
length that is not compatible with new construction in District 3.
3. The requested special permits are not consistent with objectives of the DTSP in achieving a development
adapted to the terrain and compatible with the surrounding environment. The proposed project blocks
view, air, and light corridors and does not provide setbacks compatible with new construction in District 3.
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Findings For Approval - Coastal Development Pen -nit No. _95-25:
i . The development project, as modified by conditions of approval, conforms with the General Plan,
including the local Coastal Program and will not impact public views or access.
2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well
as other applicable provisions of the Municipal Code. The proposed development as modified by
conditions of approval will conform to all applicable city codes, including height, setbacks, and parking.
3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that
is consistent with the Local Coastal Program. Infrastructure currently exists to the site and will be
modified to conform to (the City's current) standards and specifications.
4. The development conforms with the public access and public recreation policies of Chapter 3 of the
California Coastal Act.
Suggested Conditions Of Approval -Conditional Use Permit No. 95-841 Coastal Development Permit
No. 95-25•
1. The site plan, floor plans, and elevations received and dated January 17, 1996, shall be revised to reflect
the following modifications:
a. A 4.5 square -foot alley dedication shall be provided.
b. A minimum five (5) foot front setback shall be provided from the new property line to the building
along Main Street and along Walnut Avenue.
c. A plaque shall be incorporated into the building design identifying the historic significance of the of
the site-
d. The second floor deck along Main Street shall be a minimum seven (7) feet wide and shall be located
behind the minimum five foot setback requirement.
e. Reduce the width of the columns to minimize their interference with the building.
f. Main Street and Walnut Avenue elevations shall be revised to the satisfaction of the Community
Development Department to include area(s) to accommodate signage.
g. The pavement treatment (stamped concrete) shall extend along Main Street and Walnut Avenue
frontages to the property line except in areas designed for landscaping.
2. Prior to submittal for building permits, the following shall be completed:
a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers, on
the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly
screened by landscaping or other method as approved by the Community Development Director.
b. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building
Department and indicated on the floor plans.
c. The Design Review Board and the Community Development Department shall review and approve
the following:
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(1) Revised site plan and elevations as modified pursuant to Condition No. 1.
(2) Historical plaque language and placement.
(3) Planned Sign Program.
d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be
architecturally compatible with the building in terms of materials and colors. If screening is not
designed specifically into the building, a rooftop mechanical equipment plan must be submitted
showing screening and must be approved.
e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps
shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and
shall be noted on the site plan and elevations.
f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include
on -site soil sampling and laboratory testing of materials to provide detailed recommendations
regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities.
g. Elevations shall depict colors and building materials proposed and as approved by the Design
Review Board.
h. Maximum separation between building wall and property line shall not exceed two (2) inches.
i. The reference page for the working drawings for building, plumbing, electrical, and mechanical
permits shall include all conditions of approval imposed on the project printed verbatim.
1) A fire alarm system will be installed to comply with Huntington Beach Fire Department and
Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the fire
Department prior to installation. The system will provide the following:
a) water flow, valve tamper and trouble detection and
b) 24 hour supervision. (FD)
2) Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire
Department and UBC standards. Shop drawings will be submitted to an approved by the Fire
Department. (FD)
3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire
Code Standards. (FD)
4) Elevators will be sized to accommodate an ambulance gurney minimum six (6) foot, eight (8)
inches wide by four (4) foot, three (3) inches deep with minimum 42 inch opening. (FD)
5) Address numbers will be installed to comply with City Specification No. 428. The size of the
numbers will be sized a minimum of ten (10) inches with a brush stroke of one and one-half
(1-112) inches. (FD)
6) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire
Code and Title 24 of the California Administrative Code. Low level exit signs will be included.
(FD)
7) The project will comply with all provisions of the Huntington Beach Fire Code and City
Specification #422 and #431 for the abandonment of oil wells and site restoration. (FD)
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8) The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085
and City Specification #429 for new construction within the methane gas overlay districts. (FD)
Participation in the in -lieu parking fee program shall require a Declaration from the property owner.
Said declaration shall indicate the total number of parking spaces required and the amount of spaces
to be provided by payment of in -lieu fees. A copy of the legal instrument shall be approved by the
City Attorney as to form and content and when approved, shall be recorded in the Office of the
Orange County Recorder. A copy of the recorded declaration shall be filed with the Department of
Community Development. (Resolution Nos. 6720 and 6721)
Participation in the in -lieu parking fee program shall require payment by the property owner at full
cost recovery paid by the applicant.
m. If the property owner elects to pay the in -lieu parking fee in installments, a lien in favor of the City
shall be recorded on the property and first year payment shall be submitted to the Department of
Community Development.
n. The property owner shall dedicate 4.5 feet along the rear property line (alley) and 4.0 feet along the
front property line (Main Street).
3. Prior to issuance of demolition permit and/or grading permit, the following shall be completed:
a. An adequate monitoring and/or bonding program shall be established to ensure that demolition and
construction vibration impacts to not adversely affect off -site structures. (Mitigation Measure)
b. The applicant shall complete comprehensK 3 documentation of the project as it currently exists. The
documentation shall be in accordance with standards established by the Historical American Buildings
Survey/Historical American Engineering Records (NABS/HAER). The report shall be submitted to the
City and archivally maintained with provisions for public access. The costs associated with
preparation of the documentation shall be the responsibility of the property owner; maintenance costs
shall be the responsibility of the City. (Mitigation Measure)
c. The applicant shall provide 45 days written notice to the City of Huntington Beach Historic Resources
Board informing them of such activity. The Board may relocate, dully document and/or preserve
significant architectural elements. The applicant/property owner shall not incur any costs associated
with moving or documenting the structure by the Board. (Mitigation Measure)
d. Any hazardous substances contained on the site shall be identified and removed in compliance with
City, State, and Federal standards. (Mitigation Measure)
e. Any asbestos contained on -site or in the existing structure shall be identified and removed in
compliance with City. State, and Federal standards, including an asbestos abatement program to be
reviewed and approved by the Building Official. (Mitigation Measure)
4. Prior to issuance of building permits, the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for
review and approval and inclusion in the entitlement file.
b. A Landscape Construction Set must be submitted to the Department of Public Works. The
Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed
Landscape Architect and which includes all proposed/existing plan materials (location, type, size,
quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement
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conditions of approval. The landscape plans shall be in conformance with the Downtown Specific
Plan, Downtown Design Guidelines, and Chapter 231 of the Zoning and Subdivision Ordinance. The
set must be approved by the Public Works Department and Community Development Department.
(PW)
c. A grading plan shall be submitted to the Department of Public Works for review and it must be
approved (by issuance of a grading permit). (This plan, in addition to grading, shall include all of the
required off -site requirements.) (PW)
d. The existing catch basin on Walnut Avenue shall be modified to conform with Standard Plan No. 302,
including installation of a 24 3/4 inch galvanized protection bars per Standard Plan No. 301. (PW)
e. A grease trap, maintained by the owner, shall be installed at a location approved by the Public Works
Department. (PW)
f. The developer shall install new six (6) inch sewer lateral located in the alley. (PW)
g. The developer shall submit a separate utility plan, showing water service connections to the proposed
building in accordance with applicable U.P.C., City Ordinances, Public Works Standards and Water
Division Design Criteria. These plans shall be approved, prior to any construction, by the Public
Works Water Division and the City of Huntington Beach Fire Department. (PW)
In. The proposed building shall have a separate two (2) inch minimum domestic water service with
backflow protection, and a four (4) inch minimum fire service assembly per Water Division Standard
Plan No's. 603B, 609 and 618 respectively. Both the domestic water service and fire service
assembly shall be served by the existing eight (8) inch water main located within Walnut Avenue.
(PW)
L The water system shall be designed and installed per the City of Huntington Beach Water Division's
Design Criteria, Standards Plans and Specifications. (PW)
j. The existing water service located within the alley shall be abandoned, at the main, per Water
Division Specifications. (PW)
k. The developer shall provide adequate screening of the proposed backflow prevention devices for
both the domestic water service and the fire service assembly. Both backflow devices shall be
painted to match the surrounding aesthetics. The markings, indicating the size, model number and
serial number, shall be permanently affixed to the body of the backflow device and must remain
visible after painting. The location of the backflow device shall be approved by the Water Division,
and the City Landscape Architect prior to installation. (PW) (Mitigation Measure)
1. All existing overhead utilities shall be installed underground. (PW) (Mitigation Measure)
m. The applicant shall file a parcel map to consolidate Lots 26 and 28 Block 103 of the Huntington Beach
Tract. The parcel map shall be recorded with the Orange County Recorder and a copy of the
recorded map or plat filed with the Department of Community Development.
n. An interim parking and/or building materials storage plan shall be submitted to the department of
Community Development to assure adequate parking is available for employees, customers,
contractors, etc., during the project's construction phase.
o. A planned sign program shall be submitted and approved for all signage. Said program shall be
approved prior to the first sign request.
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5. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to
prevent dust raised when leaving the site:
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05%) by weight for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog
alerts);
e. Discontinue construction during second stage smog alerts.
6. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following
shall be completed:
a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management
District and submit a copy to Community Development Department.
b. All improvements (including landscaping) to the property shall be completed in accordance with the
approved plans and conditions of approval specified herein.
c. Compliance with all conditions of approval specified herein shall be accomplished.
d. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall
be disposed of at an off -site facility equipped to handle them.
7. Prior to the sale of any alcoholic beverages, a conditional use permit shall be approved by the Zoning
Administrator.
8. Prior to commencement of live entertainment or outdoor dining, a new conditional use permit shall be
required.
Information On Specific Code Requirements:
i. All applicable Public Works fees shall be paid. (PW)
2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW)
3. An encroachment permit shall be required for all work within the City right-of-way. (PW)
4. The development shall comply with all applicable provisions of the Municipal Code, Building Division,
and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and
standards.
5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
6. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95-84 and Coastal
Development Permit No. 95-25, pursuant to a public hearing, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
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7. Conditional Use Permit No. 95-84 and Coastal Development Permit No. 95-25 small become null and
void Unless exercised within one year of the date of final approval or such extension of time as may be
granted by the Director pursuant to a written request submitted to the Department of Community
Development a minimum 30 days prior to the expiration date.
Consent Calendar - Items Removed
The following items were requested by Councilmembers to be removed from the Consent Calendar
for separate consideration: (Dettloff) Agreements For Acquisition of Encyclopedia Lots, Pending
Sale of Property at 19102 Crystal Street; (Sullivan) Huntington Breakers Bond Refunding; and
(Garofalo) Appropriation of Funds to James Ackerman, American Trader Oil Spill; Huntington Youth
Shelter Assignment of Lease.
Commendation For Work On Veteran's Memorial - Brian Smith, Management Assistant -
Administration (130.55)
Councilman Leipzig commended Brian Smith, Management Assistant, for his work with the
Veterans' organizations in preparation for the new revised Veteran's Memorial_ Councilman
Leipzig stated that Mr. Smith did yeoman work on the project bringing together many different
groups.
Consent Calendar - Items Approved
On motion by Sullivan, second Green, Council approved the following consent calendar items, as
recommended by the following roll call vote:
AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: Harman
(City Council/Redevelopment Agency) Minutes - Approved and Adopted - Approved and
adopted minutes of the regular meeting of February 20, 1996, and adjourned regular meeting of
February 23, 1996, as written and on file in the Office of the City Clerk.
(City Council) Veteran's Memorial Plan and Agreement - Approved - Between City and
Veterans of Foreign Wars (VFW) Chapter Nos. 11548 & 17368 - American Legion Post No. 133
and Vietnam War Veterans of Orange County (600.10) - Approved the proposed plan for a new
veterans' memorial on the city's Civic Center site, and approved the agreement between the city
and the Veterans of Foreign Wars (Chapter Nos. 11548 and 17368), the American Legion Post
No. 133, and the Vietnam War Veterans of Orange County to install a new veterans' memorial, and
authorized execution by the Mayor and City Clerk.
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(City Council) City Council Positions On Legislative Issues - Approved - SB 1316 (Safe
Drinking Act) (Federal Gang Violence Act) (Methamphetamine Control Act of 19961 (640.40) -
Supported SB 1316 (Kempthorne) proposed amendments to Safe Drinking Act, Supported
proposed Federal Gang Violence Act (Feinstein) and supported proposed Methamphetamine
Control Act of 1996 (Feinstein), and directed staff to draft letters for the Mayor's signature to send
the appropriate parties. The City Council Legislative Committee recommends Council support.
(City Council) Huntington Central Park Gun Range SoillConstruction Analysis - Approved
(600.10) - (1) Approved an amendment to the Fiscal Year 95/96 Budget to allocate $36,800 from
the General Fund Unappropriated Fund Balance into Account No. E-SK-CS-340-390 for the
preparation of soil tests and design analysis to determine the feasibility of rebuilding the gun range
at its current site in Huntington Central Park, and (2) Directed staff to return within ninety (90) days
with the results of the soils tests, design analysis, and economic and environmental feasibility of
rebuilding the Gun Range in its present location in Huntington Central Park so that a determination
can be made on the future of the Gun Range.
(City Council) Proposal By Smith - Emery Company - Approved - Inventory Of Pavement
Condition Of All Non -Arterial Streets (600.95) - Accepted the proposal submitted by the Smith -
Emery Company in the amount of $16,320 to inventory the pavement condition of all non -arterial
streets and authorized this firm to proceed with the inventory.
(City Council) Resolution No. 96-38 - Adopted - Application To Orange County Transportation
Authority (OCTA) - To Apply For Matching Funds Through Orange County Combined
Transportation Funding Program (CTFP) (800.45) - Adopted Resolution No. 96-38 - "A
Resolution Of The City Council Of The City Of Huntington Beach Approving The Submittal Of Road
Improvement Project(s) To The Orange County Transportation Authority For Funding Under The
Combined Transportation Funding Program." List Of Proposed Projects Set Forth On Exhibit "A� to
Request for Council Action dated May 20, 1996
(City Council) Notice Of Completion - Approved - Yorktown Street Widening - CC-884 -
Acceptance Of Improvements (600.50) - Accepted improvements for the construction of the
Yorktown Street widening from England Street to 350 feet east of Florida Street and authorized the
City Clerk to file the Notice of Completion.
(City Council) Slurry Seal Of Various Local Streets - MSC-383 - Approved - Pavement
Coatings Company (600.50) - Accepted the low bid submitted by Pavement Coatings Company
and awarded the contract to said company, the lowest responsible bidder, in the amount of
$171,916, authorized the Public Works Director to expend $194,107 to cover contract costs of
$171,916, unanticipated Change Orders not to exceed $17,191 and estimated incidental
expenditures no greater than $5,000, rejected other bids, and directed the City Clerk to return the
bid.bonds submitted by the other bidding contractors.
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05120196.- City CouncillRedevelopment Agency Minutes - Page 23
(City Council) Bid Award - Approved - BnB Engineering - Halifax Drive Storm Drain - CC-889 -
Drainage Fund Appropriation (600.60)- Accepted the low bid submitted by BnB Engineering, the
lowest responsible bidder, in the amount of $270,771 and awarded the contract to said company
and rejected other bids; directed the City Clerk to return the bid bonds submitted by the other
bidders; authorized staff to appropriate $62,873 from the unreserved, undesignated storm drain
fund balance to cover a portion of the construction cost and supplemental expenses; authorized
staff to appropriate $45,000 from Drainage Fund Account No.G-ST-3-01-00 to cover a portion of
the construction cost and supplemental expenses; authorized the Public Works Director to expend
$307,848 to cover contract cost of $270,771, estimated construction change orders of $27,077 and
anticipated supplemental expenses of $10,000.
(City Council/Redevelopment Agency) Bid Award - Approved - S.J. Burkhardt - Warner
Avenue Relief Storm Drain And Michael Drive Storm Drain Systems - CC-897 - CC-1015 -
Drainage Fund Appropriation (600.60) - Accepted the low bid submitted by the lowest
responsible bidder, S.J. Burkhardt Company in the amount of $255,555; awarded the contract to
said company; directed the City Clerk to return the bid bonds submitted by the other bidders;
authorized staff to appropriate $37,300 from drainage fund Account No. G-ST-3-01-00 to cover the
cost of the Michael Drive Storm Drain System; authorized the Public Works Director to expend
$299,551 to cover contract cost of $255,555, estimated construction change orders of $37,495 and
anticipated supplemental expenses of $6,500.
(City Council) Purchase Order - Approved - Flounder Pump Station Upgrades - Daniel Boyle
Engineering (600.95) - Approved using Daniel Boyle Engineering, Incorporated, to make the
required modification to the improvement plans so that the Flounder Pump Station upgrade can
proceed on its current schedule, and authorized the Public Works Director to expend up to
$12,000, to cover the cost of the proposal and anticipated change orders.
(City Council) Expenditure For Proposed Energy Reduction Programs - Approved -
Authorization For Southern California Edison Company - Civic Center Complex And Central
Library - To Implement Interruptible Service Program (320.45) - Authorized the Public
WorksDirector to make a one-time expenditure, not to exceed $50,000, for the installation of the
necessary Interruptible Rate Schedule Equipment (i.e., Remote Terminal Units, Alert Systems,
etc.), and authorized Southern California Edison Company to implement the Interruptible Service
Program at both the Civic Center Complex and the Central Library Facility.
(City Council) Resolution No. 96-39 - Adopted - Establishes City Fee Schedule For Non -
Consensual Towing Services And Garage Impounds Under The Police Department - Adopted
Resolution No. 96-39 (340.20) - "A Resolution Of The City Council Of The City Of Huntington
Beach Amending Resolution No. 5159 Entitled, 'A Resolution Of The City Council Of The City Of
Huntington Beach Establishing A City Fee Schedule' As To Non -Consensual Towing Services And
Garage Impounds Under The Police Department (Supplemental Fee Resolution No. 50)."
ME
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(Redevelopment Agency) Demolition Of Buildings (Sixth And PCH, 302 And 314 Fifth Street) -
Approved - Main Pier Project Area - Construction Contract Between Agency And Kirt Land
Clearing, Incorporated (600.30) - Approved the attached contract with Kirt Land Clearing,
Incorporated for the demolition of Agency -owned structures located at 520 Pacific Coast Highway,
302 Fifth Street and 314 Fifth Street for an amount of $26,000 plus a twenty percent contingency
for a total authorization of $31,200.
(City Council) Stipulation Of Lien -Huntington Beach Bed And Breakfast - 609 Main Street -
Approved - WIS Main Street Between Acacia And Palm (To Satisfy Conditions Of Approval Of
Conditional Use Permit No. 96-65) (600.10) - Accepted and approved execution by the Mayor
and City Clerk of the Stipulation of Lien between the city and Jerry McKinish pertaining to property
located at 609 Main Street and instructed the City Clerk to have the document recorded with the
County Recorder.
(City Council) Settlement Agreement, Release And Agreement For The Exchange Of Property_
- Between City And Marow/Toledo - Acquisition Of 20 Encyclopedia Lots For Central Park -
Approved (600.10)
The City Council considered a communication from Administrative Services, dated May 20, 1996,
proposed Settlement Agreement and Release and Agreement relative to exchange of property
between the city and MarowlToledo for acquisition of encyclopedia lots for Huntington Central'
Park.
Considerable discussion was held by Council regarding provisions of the agreement.
Deputy City Administrator Franz and Howard Zelefsky, Planning Director, reported on the
configuration of the property and possibility of use of the property.
A motion was made by Dettloff, seconded by Green, to approve the Settlement and Exchange
Agreement between the City and MarowlToledo and authorize the Mayor and City Clerk to execute
the necessary documents and deeds for recordation to perfect this property exchange. (Exchange
of 17 lots in the area the city has designated as Central Park for a comparable number of lots
owned by the city in the Fairview Addition Tract, slo Ellis Avenue and not located in Central Park.
City to acquire three lots adjacent to Ellis Avenue for street widening purposes.) The motion
carried by the following roll call vote:
AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: None
ABSENT: Harman
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05/20/96 City Council/Redevelopment Agency Minutes - Page 26
(City Council) Appropriation Of Funds To Pay Legal Expenses In Conjunction With American
Trader Oil Spill - James H. Ackerman. Attorney - Deferred to June 3, 1996 (320.45)
The City Council considered a communication from the City Attorney, dated May 20, 1996,
recommending the appropriation of $4,378 to finalize payment of most recent quarterly billing from
James Ackerman, Attorney, for the American Trader Oil Spill litigation.
A motion was made by Garofalo, seconded by Sullivan, to defer the item pertaining to the
appropriation of $4,378 to finalize payment of most recent quarterly billing for the American Trader
Oil Spill Litigation to the City Council meeting of June 3, 1996. The motion carried by the following
roll call vote:
AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: None
ABSENT: Harman
(City Council) Repuest By Pacific Coast Homes And PLC For Council Consent For Pending
Sale Of Property Located At 19102 Crystal Street - To Carl Weaver - Approved - Holly-Seacliff
Development Agreement Area (600.10)
The City Council considered a communication from the City Administrator, dated May 20, 1996,
pertaining to Consent For Pending Sale of the Property located at 19102 Crystal Street in the
Holly-Seacliff Development Agreement Area.
Bill Holman, PLC representative, at the request of Councilwoman Dettloff, reported on the item.
A motion was made by Dettloff, seconded by Green, to approve the request by Pacific Coast
Homes and PLC for the City Council to provide consent for the pending sale of the property located
at 19102 Crystal Street to Carl M. Weaver with the requirement that PLC will retain all
responsibilities for community improvements to sere the property as required by the Development
Agreement pursuant to Section 4.2 of the Holly Seacliff Development Agreement; authorize the
Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the
Assumption of Rights, Duties and Obligations; and authorize the Mayor and City Cleric to execute
the right-of-way easement deeds and have them recorded in favor of the city. The motion carried
by the following roll call vote:
AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: None
ABSENT: Harman
(City Council) Resolution No. 96-37 - Adopted - Huntington Breakers Bond Refunding -
21270 Beach Boulevard
The City Council considered a communication from the City Administrator, dated May 20, 1996,
pertaining to Huntington Breakers Bond Refunding.
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The City Council considered Resolution No. 96-37 relative to the Bond Refunding for Huntington
Breakers at 21270 Beach Boulevard - "A Resolution Of The City Council Of The City Of Huntington
Beach Authorizing The Issuance, Sale And Delivery Of City Of Huntington Beach Variable Rate
Demand Multifamily Housing Revenue Refunding Bonds (Huntington Breakers Apartments), 1996
Series A, Authorizing The Execution And Delivery Of An Indenture Of Trust, Loan Agreement,
Second Amended And Restated Regulatory Agreement, Official Statement, Purchase Contract,
Agreement Regarding Redemption, Defeasance And Payment Of 1989 Bonds, And Authorizing
The Execution And Delivery Of And Approving Other Related Documents And Approving Other
Related Actions In Connection Therewith."
Economic Development Director Biggs informed Council that a reused resolution bond had been
presented with a minor wording change ("weekly" replacing the word "variable") which has been
approved by the City Attorney at the request of Bond Counsel.
A motion was made by Sullivan, seconded by Dettloff, to adopt Resolution No. 96-37 as amended.
The motion carried by the following roll call vote:
AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: None
ABSENT: Harman
(City Council) Assignment Of Lease - Consent To Assignment Of Lease - Huntington Youth
Shelter Inc. To Volunteers Of America Of Los Angeles - Talbert Avenue - Approved (600.10)
The City Council considered a communication from the City Administrator, dated May 20, 1996,
pertaining to the Assignment of Lease Agreement Between the Huntington Beach Youth Shelter,
Incorporated and Volunteers of America of Los Angeles.
A motion was made by Garofalo, seconded by Green, to approve the Assignment of Lease and
Consent to Assignment by Huntington Youth Shelter, incorporated as tenant, to Volunteers of
America of Los Angeles; authorize execution of the Consent to Assignment by the Mayor and City
Clerk, direct that the required Certificate of Insurance, approved as to form by the City Attorney be
provided to the city; and direct staff to return to Council with an update on the project in one year.
The motion carried by the following roll call vote:
AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: None
ABSENT: Harman
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06/20/96 - City Council/Redevelopment Agency Minutes - Page 27
(City Council) Widening Of Yorktown Avenue At Delaware Street - CC-1017 - Authorization For
Staff To Explore With Homeowners The Relocation Of Home At 2502 Delaware Street -
Approved (600.50)
The City Council considered a communication from the Public Works Director informing Council
that right-of-way acquisition for Phase II of the Yorktown Widening Project is nearing completion,
and staff would like to finalize the design and is requesting a Council decision on the direction of
the project relative to the home located at 2502 Delaware Street.
City Engineer Eichblatt presented a photo slide report. He presented reasons for the Task Force
recommendation. City Engineer Eichblatt reviewed the traffic conditions if the house were to
remain which would be unacceptable. He spoke regarding a structural analysis which would be
necessary for removal of the house.
City Engineer Eichblatt and Les Jones, Public Works Director reported on discussions that can be
held for report back to Council.
Discussion was held regarding the impact of the site relative to the Historic Resources Board.
A motion was made by Garofalo, second Green, to defer this item to July 1, 1996.
A motion was made by Garofalo, second Green, to modify the motion to defer to staff to return at
an appropriate time.
Councilman Garofalo stated that he believed timeliness was necessary as it was to avoid a
dangerous situation.
Discussion was held.
A motion was made by Garofalo, second Green, to defer the item for 60 days, authorize staff to
explore with the homeowners at 2502 Delaware Street the relocation of the home to another
location and return as an Administrative Item. If there is going to be a delay, some type of
temporary solution be made for sidewalk conditions for safety. The motion carried by the following
roll call vote:
AYES_ Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: Harman
(City Council) Police Chief Report - Police Department Budget Resources And Amberleaf
Circle Situation
Councilman Garofalo inquired if the city is at any greater risk with a redeployment program than
without and will there be any changes in the redeployment plan in the future.
The Police Chief responded that in the short term he did not believe it would impact basic services
but that it will impact the specialty assignments. He also reported on the canine unit at the request
of Councilman Garofalo.
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Councilwoman Dettloff questioned incidents at Ambedeaf Circle and the Police Chief reported on
the situation at Amberleaf Circle. He responded that he would call one of the Councilmembers
when a meeting with the neighborhood is held.
Redevelopment Agency) Redevelopment Agency Resolution No. 274 - Renewal Of Financial
Support For Orange Housing Development Corporation - Bowen Court Senior Apartments
(Affordable Housing_ Project)_- Corner Of Lake Street And Yorktown Avenue (600.30)
The Redevelopment Agency considered a communication from the Economic Development
Director transmitting for Council consideration a new resolution of Agency funding support for the
Orange County Housing Development Corporation (OCHDC) to construct an affordable housing
project at the corner of Lake Street and Yorktown Avenue. The previous resolution was adopted
December 4, 1995.
The Redevelopment Agency considered Agency Resolution No. 274 - "A Resolution Of The City
Council Of The City Of Huntington Beach Authorizing Funding Support For Orange Housing
Development Corporation To Construct An Affordable Housing Project." - Authorizes support by the
Agency with a grant of Agency -owned land acquired at a cost of $885,000 and a loan of $215,000
in Redevelopment Housing Set Aside Funds for the construction of senior apartments by Orange
County Housing Development Corporation.
The Economic Development Director reported.
A motion was made by Dettloff, second Green, to adopt Agency Resolution No. 274. The motion
carried by the following roll call vote:
AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES: Harman
ABSENT: None
(City Council) Metro Cities Fire Authority Joint Powers Agreement - Consolidated
Communications Center Collective Fire Department Emergency Dispatch Needs - Anaheim,
Fountain Valley, Fullerton, Garden Grove, Newport Beach, Orange -Appointment of City
Administrator As Board Member And Fire Chief As Alternate Board Member (600.40)
The City Council considered a communication from the Fire Chief recommending that the city enter
into a Joint Powers Authority with the cities of Anaheim, Fountain Valley, Fullerton, Garden Grove,
Huntington Beach, Newport Beach, and Orange to establish a consolidated communications center
serving the cities' collective fire department emergency dispatch needs.
The Fire Chief presented a staff report and photo slides. He presented a lengthy staff report
including costs of operations and the effects on the community.
Considerable discussion was held regarding aspects of the proposed agreement and payment that
is due from the city of Westminster.
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05/20/96 - City Council/Redevelopment Agency Minutes - Page 29
In response to Councilman Leipzig, the Fire Chief stated how this differed from privatization.
A motion was made by Garofalo, second Green, that the City Council (1) Direct the Fire Chief to
bring to the Central Net Operation the issue of non-payment by the City of Westminster and to
request their vigorous support; (2) Approve and authorize the Mayor and City Clerk to execute an
agreement with the cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington
Beach, Newport Beach and Orange creating a Joint Powers Authority to be known as Metro Cities
Fire Authority for the purpose of establishing a consolidated communications center serving the
agencies' collective fire department emergency dispatch needs, and (3) Appoint City Administrator,
Michael T. Uberuaga, as the City's Metro Cities Fire Authority Board Member and Fire Chief
Michael P. Dolder as the city's alternate Board Member. The motion carried by the following roll
call vote:
AYES:
Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo
NOES:
Harman
ABSENT:
None
(City Council) Status Report On The Process For Filling The Vacancy In The Elective Office
Of The City Treasurer (620.10)
The Assistant City Administrator announced he had distributed a report dated May 20, 1996, titled
Summary of Results From Technical Oral Board Interviews of City Treasurer Candidates on May
20, 1996.
The Assistant City Administrator reported on the Council interview process and the technical Oral
Board process. He recommended that the two top candidates have background investigation
commenced by staff and that at the Council meeting on May 24th, a Council appointment be made.
Discussion was held regarding the procedure.
A motion was made by Garofalo, second Green, to direct staff to perform a background check on
the two top candidates and report back at the 1 p.m. Council meeting to be held on Friday,
May 24th regarding the staff status of the background check. Motion carried unanimously with
Councilman Harman absent.
AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: Harman
ABSENT: None
LCity Council) Ordinance No. 3328 - Adopted - Changes To City -Wide Speed Limit Ordinance
On Streets And Highways (580,60)
The Council considered Ordinance No. 3328 for adoption - "An Ordinance Of The City Of
Huntington Beach Amending Chapter 10.12 Of The Huntington Beach Municipal Code Pertaining
To Speed Limits On City Streets."
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Fallowing a report by Deputy City Attorney Scott Field, and after a reading by title, a motion was
made by Garofalo, second Bauer, to adopt Ordinance No, 3328. The motion carried by the
following roll call vote:
AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: Harman
(City Council Ordinance No. 3330 - Adopted - Motor Vehicle Towing Services - Amends Tow
Truck Ordinance (530.30)
The Council considered Ordinance No. 3330 for adoption - "An Ordinance Of The City Of
Huntington Beach Amending Chapter 5.66 Of The Huntington Beach Municipal Code Pertaining To
Motor Vehicle Towing Service." Regulation of non-consensual towing services
Following a report by Deputy City Attorney Scott Field, and after a reading by title, a motion was
made by Garofalo, second Bauer to adopt Ordinance No. 3330. The motion carried by the
following roll call vote:
AYES: Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo
NOES: None
ABSENT: Harman
(City Council) Report Requested - House Numbers on Street Curbs
Councilman Garofalo stated he had received two calls from homeowners in one week saying that
emergency vehicles had not been able to find street addresses. He stated he had researched the
process and that either cities go out to bid to hire a contractor to paint the addresses or a
contractor performs the work for free and asks the resident for a donation. Councilman Garofalo
stated he would like to find out how to get the street addresses put on the curbs for safety
purposes.
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05120190 - City Council/Redevelopment Agency Minutes - Page 31
Adiournment - City Council/Redevelopment Agency
The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of
the City of Huntington Beach at 12:00 a.m. to 1 p.m., Friday, May 24, 1996, in the Council
Chamber (for the appointment of a City Treasurer for the City of Huntington Beach), Civic Center,
2000 Main Street, Huntington Beach, California.
ATTEST:
G� �.
- - -
City Cleerkk//�Cle�rk
City C erk and ex-officio Clerk ofThe City
Council of the City of Huntington Beach, and
Clerk of the Redevelopment Agency of the
City of Huntington Beach California
Mayor/Chairman
336