HomeMy WebLinkAbout1997-09-15MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
5:00 PM - Room B-8
7:00 PM - Council Chamber
Huntington Beach, California
Monday, September 15, 1997
An audio tape recording of the 5:00 p.m. portion
of this meeting and a video tape recording of the .7:00 p.m. portion
of this meeting are on file in the Office of the City Clerk.
CALL TO ORDER
Mayor Bauer called the regular meetings of the City Council and the Redevelopment Agency
of the City of Huntington Beach to order at 5:10 p.m. in Room B-8.
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
Present: Harman, Dettloff, Bauer, Sullivan, Green, (Garofalo arrived at 5:13 p.m.)
Absent: Julien
PUBLIC COMMENTS ON STUDY SESSION OR CLOSED SESSION ITEMS
There were no persons present to address Council regarding the study session or closed
session items scheduled on the agenda.
(CITY COUNCIL) STUDY SESSION - BOLSA CHICA - EAST GARDEN GROVE
WINTERSBURG FLOOD CONTROL CHANNEL (EGGWFCC) IMPROVEMENTS -
ENVIRONMENTAL IMPACT REPORT (550.20)
The City Council considered a staff report from the Community Development Department
submitting background information on the proposed East Garden Grove Wintersburg Flood
Control Channel including information on the Bolsa Chica Local Coastal Plan, Environmental
Impact Report and a brief synopsis of the city's comments on the East Garden Grove
Wintersburg Flood Control Channel Environmental Impact Report. The study session was
scheduled to discuss the possible alternative configurations of the East Garden Grove
Wintersburg Flood Control Channel.
222
Page 2 - Council/Agency Minutes - 09/15/97
Community Development Director Fallon reported that staff believes Alternative 8b is best;
however, the county recommends Alternative 8a.
Mr. Bavan, Chief, Program Planner, County of Orange, presented a report regarding the
county's recommendation which included benefiting the city's pump station. He informed
Council that the county can work relative to both alternatives. He spoke regarding issues of
ocean outlet and sediment/debris removal stating that floating debris would not enter the
harbor.
Councilmember Garofalo arrived at the meeting at 5:13 p.rim. during Mr. Bavan's presentation.
Councilmember Green presented reasons why some articulation is needed between the state,
county, and federal agencies relative to this subject. Victor Leipzig, representing the Amigos
de Bolsa Chica, informed Council that the Amigos favor a split of the flows; water quality
issues are the concern of Amigos de Bolsa Chica. Mr. Leipzig informed Council that Mr.
Bavan has given a better presentation than is reflected in the County Environmental Impact
Report.
Howard Zelefsky, Planning Director, read a document describing Alternative 8b—Split of
Flows.
Mayor Bauer spoke regarding the reasons why he had placed this subject on the City Council
agenda as a study session item.
Discussion was held regarding issues including pollutants, splitting the flow, and the feasibility
of diverting pollutants away from the marsh. Mr. Leipzig gave reasons why the statements of
the federal government are somewhat simplistic.
Councilmember Green stated that now is the time the city's concerns must be known at the
federal and county levels. He stated these concerns include flood protection for those living in
the area, beach and cliff protection from erosion, safety of swimmers and surfers from
pollutants, safety in harbor for swimmers and small boats, water quality in the harbor, Bolsa
Chica restoration, bulk head protection, and flood potential for those living in the area.
Councilmember Green stated that the city staff should know of these concerns also. Mr. Neil
Jordan, representative of the County of Orange, spoke regarding water sampling efforts being
made currently.
Mayor Bauer stated that areas of concern are pollutant issues and flood control, and Mr.
Bavan, Chief, Program Planner, responded.
A motion was made by Green, second Garofalo to direct staff to have certain concerns of the
City Council addressed for mitigation when staff evaluates the Environmental Impact Report:
(1) Flood protection for those living in the area; (2) Beach and cliff protection from erosion; (3)
Safety of swimmers and surfers from pollutants; (4) Safety in Huntington Harbour for
swimmers and small boats; (5) Water quality in the harbor; (6) Bolsa Chica restoration; (7)
Bulkhead protection; and (8) Flood protection for those living in the area.
Community Development Director Fallon reported on the staff position, reading Page No. 4 of
the staff comments on EIR #560 to the Orange County EMA as set forth on Page 7 in the
study session packet of information as follows: Additionally, staff does not feel that the EIR
223
09/15/97 - City Council/Redevelopment Agency Minutes - Page 3
clearly identifies that the proposed alternative (Alternative 8) is environmentally superior to
Alternative 8b for the reasons identified in the Amigos de Bolsa Chica letter dated July 11,
1997. Staff feels that additional analysis and discussion are needed in the EIR to support
Alternative 8 over Alternative 8b, or consideration needs to be made for modifying
Alternative 8b as suggested in Approach No. 2 and listed on Page 2 of the above mentioned
letter.
The motion made by Green, second Garofalo carried unanimously with Councilmember Julien
absent.
Planning Director Zelefsky stated that the restoration project is a separate issue that will take
additional time for study.
MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80)
A motion was made by Garofalo, second Sullivan to recess the City Council to closed
session to consider the following items. The motion carried by unanimous vote with
Councilmember Julien absent.
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 which has been initiated formally and to which the city
is a party. The title of the litigation is City of Huntington Beach v. Montgomery Watson -
Orange County Superior Court Case No. 76 59 40. Subject: City of Huntington Beach v.
Montgomery Watson. (120.80)
RECONVENE
Mayor Bauer reconvened the regular meetings of the City Council and Redevelopment
Agency in the Council Chamber at 7:00 p.m..
FLAG CEREMONY AND PLEDGE OF ALLEGIANCE
The flag ceremony and Pledge of Allegiance were led by Councilmember Green.
CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
Present: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
Absent: Julien
224
Page 4 - Council/Agency Minutes - 09/15/97
(CITY COUNCIL) REPORT OF ACTIONS TAKEN IN CLOSED SESSION (120.80)
The City Attorney determined that the following action taken by the City Council in closed
session at the September 2, 1997 Council meeting requires a reporting on those actions as
required by law (Government Code 5.54957.1 (a)(3)(13)).
(CITY COUNCIL) REPORT OF ACTION TAKEN AT SEPTEMBER 2, 1997 CLOSED
SESSION REGARDING MARTY MCCARTY DEVLIN V. CITY OF HUNTINGTON BEACH -
ORANGE COUNTY SUPERIOR COURT CASE NO. 67-520-1 (120.80)
Mayor Bauer announced the following report of action taken at the September 2, 1997 closed
session regarding Marty McCarty Devlin versus City of Huntington Beach, Orange County
Superior Case No. 67-520-1 as follows:
The above referenced lawsuit arose from a police dog bite case; the City of Huntington Beach
and the City of Westminster had settled plaintiff McCarty Devlin's action and litigated indemnity
cross -complaints against one another. The Appeals Court had ruled each city should pay half
the judgment. The Council needed to decide whether to seek review by the California
Supreme Court. During the September 2, 1997 closed session, the City Council voted 6-0
(Green -Absent) to accept the Court of Appeals decision and not seek 4th District Court of
Appeals reconsideration and not appeal to the Supreme Court.
(CITY COUNCIL) AGREEMENT WITH DELOITTE AND TOUCHE, L.L.P. FOR PREPARATION OF
FISCAL FEASIBILITY STUDIES FOR THE PROPOSED HUNTINGTON CENTRAL PARK
SPORTS COMPLEX AND GUN RANGE - AMENDMENT TO GENERAL FUND BUDGET -
DEFERRED BY COUNCIL FOR FURTHER STUDY (600.10)
City Administrator Uberuaga requested that the communication from Deputy City Administrator -
Administrative Services Director Franz and Community Services Director Hagan regarding a
proposed agreement with Deloitte and Touche for preparation of fiscal feasibility studies for the
proposed Huntington Central Park sports complex and gun range be deferred for further study by
staff. The City Council concurred.
LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following late
communications regarding Agenda Items which had been received following distribution of the
agenda:
City Treasurer's Slide Report dated September 15, 1997
Memorandum from the City Administrator dated September 11, 1997 regarding Budget Study
Session Follow-up (September 8, 1997)
Memorandum from Chuck Beauregard dated September 9, 1997 regarding the appropriation
of funds in the budget for Senior Programs, Youth and Adult Programs, and the Art Center
225
09/15/97 - City Council/Redevelopment Agency Minutes'- Page 5
Memorandum from the Community Services Director dated September 15, 1997 regarding Art
Center Funding
Slide report from City Administrator Uberuaga's Office on the Proposed City Budget dated
September 15, 1997
Planning Commission Recommendation —Findings for Denial, Conditional Use Permit
No. 96-79, Variance No. 96-27—Jockey Circle
Communication written to Bob Keyvanazar from Jack Zullinger, Property Manager, Ellis Central
Park #9 Homeowners' Association on behalf of the Board of Directors dated September 8,
1997 regarding 18741 Jockey Circle, Architectural Application disapproving the application and
presenting recommendations
Communication from Jerry Pabbruwee, Ellis Central Park #9 Homeowners' Association
representative, dated September 15, 1997 regarding the approval process relative to
Conditional Use Permit No. 96-79
Slide report from the Community Development Department regarding Appeal of Planning
Commission Denial of two story with basement house at 18741 Jockey Circle
Memorandum and slide report from the Economic Development Director dated September 15,
1997 regarding supplemental information to be included in the record for the public hearing on
the Auto Dealers Business Improvement District annual assessment
Communication from Deborah Street dated September 10, 1997 in support of the appeal only
if Huntington Street is made a cul-de-sac at Main Street and presenting questions regarding
the negative declaration and speeding traffic relative to Tentative Tract Map No. 14590,
Conditional Use Permit No. 96-35, Variance No. 97-13 (Appeal) (Cannes Pointe 29-Unit
Subdivision)
Slide report from the Community Development Department regarding Tentative Tract Map
No. 14590, Conditional Use Permit No. 96-35, Variance No. 97-13 (Appeal) (Cannes Pointe
29-Unit Subdivision)
Attachment No. 4 to the Request for Council Action dated September 15, 1997 including a
memorandum from the Community Services Director and an excerpt from the Community
Services Commission Minutes dated September 10, 1997 regarding funding for the Seapoint
Avenue Access Project
Memorandum from the City Treasurer dated September 15, 1997 recommending that the
postmark date not be used as the due date for the payment of utility taxes to the City of
Huntington Beach
PRESENTATION - By Mayor Bauer and the City Council to Gale Schluter, Vice President and
General Manager of Expendable Launch Systems and Perry Cain, Manager, Government and
Community Relations representing the Boeing Company. This presentation recognizes the
McDonnell Douglas Company and its thousands of employees for their many contributions to
226
Page 6 - Council/Agency Minutes - 09/15/97
the community over the years and for supporting many community -based organizations in the
City of Huntington Beach. Mayor Bauer stated that the city looks forward to continuing this
successful relationship with the Boeing Company. (160.40)
Mr. Schluter and Mr. Cain presented a sign from the former McDonnell Douglas Corporation
Building to Mayor Bauer and City Historian Alicia Wentworth.
PRESENTATION - By Mayor Bauer and the City Council to Linda Moulton -Patterson, former
Huntington Beach Mayor and Councilmember, of a Proclamation for the Susan G. Komen
Breast Cancer Foundation's "Race for the Cure" to be held at Fashion Island, Newport Beach
on Sunday, September 28, 1997. (160.40)
PRESENTATION - To Mayor Bauer, the City Council, and Ron Russell, Chairman of the
Huntington Beach Pride Foundation Promoting Resources In Drug Education (P.R.I.D.E) of a
check for $500 from George Harris representing the McDonnell Douglas Credit Union to the
Huntington Beach Pride Foundation for support of the Drug Abuse Resistance Education
(D.A.R.E) Program. (160.40)
PRESENTATION - To Mayor Bauer and the City Council, Betsy Crimi, Human Services
Coordinator, and Harold Schechter, Council On Aging President, from PLC Land Company of
a check in the amount of $18,050, proceeds from "Life at the Beach" Golf Tournament
sponsored by PLC Land Company to benefit the City of Huntington Beach Seniors Outreach
Center. Representing PLC Land Company were Kimberly Thompson, Golf Tournament Co -
Chairperson and Assistant Controller, Dan O'Bannon, Golf Tournament and Controller, and Bill
Holman, Government Relations Representative, PLC Land Company. (160.40)
PRESENTATION - By Mayor Bauer and the City Council to Frank Higgins of a plaque in
appreciation for Mr. Higgins' 26 years of outstanding service and dedication to the growth and
development of Huntington Beach. Mr. Higgins served over 26 years as a Planning
Commissioner, Design Review Board Member, Subdivision Committee Member, Local Coastal
Program Committee Member, Pier Design Committee Member, City Administrator, Selection
Review Board Member, and Public Works Director Review Board Member. (160.40)
PROCLAMATION - LAWSUIT ABUSE AND PREVENTION WEEK
Mayor Bauer presented a proclamation to Sam Roth in recognition of Lawsuit Abuse and
Prevention Week. Mr. Roth, at the request of Mayor Bauer, reported on the purpose and
activities of this nonprofit group.
227
09/15/97 - City Council/Redevelopment Agency Minutes - Page 7
PUBLIC COMMENTS
BERNIE HUOT informed Council of the concern expressed at the recent Public Scoping
meeting held on the Crest View School site regarding traffic on Talbert Avenue going to the
405 freeway. He stated that years ago a Garfield bridge over the Santa Ana River had been
given some consideration; that today the 3,000 homes being built around Goldenwest Street
and Garfield have become a reality. He stated that Huntington Beach needs another access
other than Ellis and Talbert to the 405 Freeway. He stated that perhaps some more
consideration should be given to building a new overpass over Garfield at the Santa Ana
River.
JERRY DOMINGUEZ , representing Southern California Edison Company, informed Council
that he has provided a letter to the City Council and Deputy City Administrator -Administrative
Services Director Franz regarding the agenda item on the utility users tax. Mr. Dominguez
informed Council of his areas of concern in this matter including penalty reduction and the
appeal process.
LOU BANAS, representing GTE, informed Council of his company's differences with city staff
including that the appeal process should lead to the City Council; that the amount of the
penalty be 1 1/2% or the amount of interest lost by the city. He informed Council that their
books, for audit purposes, are now in an out-of-state location which makes it difficult for city
review.
Councilmember Garofalo stated the questions he needed answered relative to issues including
the appeal process and conduct of audits.
PAT DAVIS announced the Ninth Annual Senior Saturday to be held at Delma Pacifica Park
located at 18800 Delaware Street. She informed Council of the many activities for seniors and
their families and friends.
JOHN GOODNIGHT informed Council that he represented concerned citizens in violent
opposition to the proposed gas station at Goldenwest Street and Pacific Coast Highway. He
stated opposition was due to reasons including increased traffic primarily on Goldenwest
Street and the neighboring streets —turning small streets into virtual arteries; the increased
noise due to the refueling trucks as well as the traffic it is going to present; sale of wine and
beer at a minimart across from a "no drinking" beach as well as the extreme danger in having
gasoline stored underground in very, very close proximity to private residences.
JOE TUSKO informed Council of his opposition to the proposed nude entertainment theater.
He asked if anything had been done to speed up the process for a new ordinance as had been
recommended by Councilmember Garofalo. City Attorney Hutton referred the question to'
Community Development Director Fallon.
Community Development Director Fallon reported that a study session will be held by Council;
then the proposed ordinance will proceed to the Planning Commission. City Attorney Hutton
presented reasons why another moratorium on this subject could not be implemented.
W:3
Page 8 - Council/Agency Minutes - 09/15/97
MARK FRISMAN, Board Member, Village Court Homeowners' Association, questioned the
radius of notification relative to the public hearing on the proposed Cannes Pointe
Subdivision —Appeal Filed by Mayor Bauer to the Planning Commission's Conditional Approval
of Tentative Tract Map No. 14590—Conditional Use Permit No. 96-35—Variance No. 97-13.
He informed Council that many of their members did not receive the letter. He stated that he
feels the notice was deceptively or poorly written and that he had to call the project planner
before he had really found out what was going on. He informed Council that something of this
importance that affects them should have been publicly announced, and they should have
learned about it much earlier. Mr. Frisman stated that Huntington Street between Main Street
and Garfield Avenue is heavily used by their residents and by the medical center. He stated it
is their access to the beach, City Hall, Ralphs Market, and Sav-on. He stated that he believes
it will be a very difficult and unsafe plan for the residents, citing reasons including entering
three lanes to make a U-turn to get to Beach Boulevard, going through heavy traffic or going
through Florida Street which is a poor street to go down. He stated that the current traffic
layout is a safety hazard to the residents as it will make them make maneuvers that can cause
accidents. Mr. Frisman stated that in talking to the project planner, there is an alternative
method without putting a cul-de-sac at Main Street. He requested that Council not approve the
plan; not take Huntington Street away from the residents as in many ways they are isolated
now.
MARK NITIKMAN, on behalf of Ron and Janelle Marks, presented reasons why they opposed
the agenda item relative to the appeal filed by Gilda Keshavarzian to the Planning
Commission's denial of a revised plan —Conditional Use Permit No. 96-79—Variance
No. 96-27—Two-Story Split Level House-18741 Jockey Circle —Southwest of Ellis Avenue
and Saddleback Lane. He stated that they believed the house needs to be redesigned to fit
the lot or another lot found to accommodate the house. He urged Council to reject the
application.
Discussion was held regarding procedural aspects and Council was informed that the appeal
relative to Conditional Use Permit No. 96-79—Variance No. 96-27—Two-Story Split Level
House-18741 Jockey Circle —Southwest of Ellis Avenue and Saddleback Lane had been
closed. City Attorney Hutton spoke regarding the matter.
CONNIE MANDIC, owner of the parcel of land to the west of the proposed house, addressed
Council in opposition to the appeal filed by Gilda Keshavarzian to the Planning Commission's
denial of a revised plan —Conditional Use Permit No. 96-79—Variance No. 96-27—Two-Story
Split Level House-18741 Jockey Circle —Southwest of Ellis Avenue and Saddleback Lane.
She stated that this house will be part of an adjacent homeowners' association; however,
according to staff, her property is the most negatively impacted by this project. She stated that
the four primary issues are mass, height, grading and setback. Ms. Mandic commented on
each of these issues. She spoke regarding the fact that staff and the developer for
justification continue to use the adjacent home to the south as an example even though staff
has told Council it was approved in error; that two wrongs do not make a right. She spoke
regarding the equestrian trail as she believes it pertains to the proposed house. Ms. Mandic
stated that her property is not currently developed but that she is still entitled to equal
protection of property rights.
229
09/15/97 - City Council/Redevelopment Agency,Minutes - Page 9
GORDON WATSON, President of Country View Estates Homeowners' Association, informed
Council of the board's review of the proposed Jockey Circle house. He stated that the board
unanimously voted to uphold the Planning Commission's decision to deny Conditional Use
Permit No. 96-79 and Variance No. 96-27. He presented reasons for their vote which included
that they felt the setbacks were entirely unacceptable; that they had built in this area and had
been required to comply with provisions; the height issue; that it is an over -built house and that
the applicant made no attempt to contact their association even though they are the most
impacted and Council had directed the applicant to meet with them; that a very poor precedent
would be established penalizing the other persons who had built there and had followed the
rules and spent time, effort and money.
BAHRAM KASRAVI, appellant, addressed Council and stated that they had contacted the
homeowners' association as they were advised to do pursuant to the City Council
recommendation and the City Clerk's letter which advised "association," not "associations." He
informed Council that he also contacted the management company which is Village Way. Mr.
Kasravi informed Council of the procedure which the homeowners' association had told him
would be followed. He informed Council of his efforts to obtain, at his own expense, a neutral
architect to review the plans and make recommendation for architectural review; however, the
association denied this as they decided to use their regular architect. He stated that as he did
not have another choice he agreed. Mr. Kasravi informed Council of architectural issues of
height and the driveway discussed at the meeting at which he had been told he could not have
his own architect to which he agreed. He spoke regarding the difficulties encountered
including meeting with two associations when the City Clerk's letter advised that the
recommendation was to meet with one homeowners' association. He spoke regarding the
letter received from the Planning Department requesting he meet with the other homeowners
stating he had not even received that letter the day of the meeting. Mr. Kasravi spoke
regarding the setback issue, stating he is sorry the other association did not agree with it; that
he had no idea he had to negotiate with them.
FRED SPEAKER, Planning Commissioner, distributed diagrams to Council and spoke
regarding homes planned on small size lots and how they are planned without adequate
setbacks from city streets. He spoke regarding the item on the agenda relative to the Cannes
Pointe Subdivision —Appeal Filed by Mayor Bauer of the Planning Commission's Conditional
Approval of Tentative Tract Map No. 14590—Conditional Use Permit No. 96-35—Variance
No. 97-13—(Cannes Pointe 29-Unit Subdivision - Huntington Signal Oil Company). He spoke
in opposition to the small amount of footage from these proposed homes to Main Street. He
stated that the distance is 25 feet from the house to the street. Mr. Speaker stated that just
because it is on the books does not make it right. He informed Council that the Planning
Commission needs direction in this regard.
KATHY KURJAN requested a more strict sex -oriented business ordinance and requested that
the city look at the City of Lancaster ordinance as a model. Ms. Kurjan stated the difficulty in
getting to a meeting on the Huntington Central Park EIR. She stated that for a meeting such
as this a later time should have been scheduled to allow more people to attend.
Community Services Director Hagan informed Council that the meeting had been set up
around the consultants' schedules; however, the second meeting could be held in the evening.
230
Page 10 - Council/Agency Minutes - 09/15/97
RONALD DAVIS spoke regarding the proposed budget relative to needs expressed by citizens
and the problem of resources. Mr. Davis stated his support for the gas station at Pacific Coast
Highway and Goldenwest Street as it would raise $1,000,000 for the city in
20 years. He stated the people who bought there knew a potential use for the property was a
gas station. He stated that he did not believe this revenue should be denied the people.
Councilmember Garofalo presented an analogy to Mr. Davis relative to the revenue which
would be derived from ten single-family homes at that location. Mr. Davis responded to
Councilmember Garofalo.
(CITY COUNCIL) REPORT BY COUNCILMEMBER GAROFALO REGARDING POLICE
DEPARTMENT ISSUES
Councilmember Garofalo spoke regarding a citizen's experience with a stolen purse. He
questioned why a long Police Department response time had been necessary.
Councilmember Garofalo spoke regarding the wonderful treatment offered by the police officer
who responded to this citizen. Police Chief Lowenberg reported that there were 73 calls in
between the reporting of this incident; that this was a Class No. 5 call; that the Class No. 1
through No. 4 calls have to be responded to first. Police Chief Lowenberg informed Council
that he had contacted the citizen who was very understanding. He informed Council that at a
future date he would like to again review the response classifications with the City Council. He
responded to Councilmember Garofalo's questions regarding Police Department resources,
stating that the police officer staff average in California is 1.8 per 1,000 population and the City
of Huntington Beach has 1.1 per 1,000 population and is a beach community. Police Chief
Lowenberg stated that the city has outstanding police officers, technology and a helicopter
program which allows the city to get away with this shortage.
Councilmember Garofalo spoke of another incident where a home for sale was broken into
with people taking over and living in the home. Police Chief Lowenberg reported on the issue
of "squatters" who in some cases work with less than ethical real estate companies. Police
Chief Lowenberg reported on the Police Department's prevention efforts.
(CITY COUNCIL) CITY TREASURER'S JULY, 1997 INVESTMENT SUMMARY REVIEW
(310.20)
The City Council considered a communication from the City Treasurer transmitting the Monthly
Investment Report for July, 1997.
Earlier in the meeting, City Clerk Brockway had announced that the following communication
on this item had been provided to the City Council:
City Treasurer's Slide Report dated September 15, 1997
City Treasurer Freidenrich presented a report using slides.
231
09/15/97 - City Council/Redevelopment Agency Minutes - Page 11
A motion was made by Dettloff, second Garofalo, following review of the report, to accept the
Monthly Investment Report for July, 1997 pursuant to Section 17.0 of the Investment Policy of
the City of Huntington Beach.
City Treasurer Freidenrich, at the request of City Administrator Uberuaga, reported on
overnight repurchase agreements.
The motion made by Dettloff, second Garofalo carried by the following roll call vote:
AYES: Dettloff, Bauer, Green, Garofalo
NOES: None
ABSENT: Julien, (Harman, Sullivan out of room),
(CITY COUNCIL) PUBLIC HEARING (CONTINUED OPEN FROM SEPTEMBER 2, 1997) -
PROPOSED CITY BUDGET FOR FISCAL YEARS 1997/98 AND 1998/99 -
RESOLUTION NO. 97-66 - ADOPTED (320.20)
The City Council considered a communication from the Deputy City Administrator -
Administrative Services Director.
Mayor Bauer announced that this was the meeting set for a public hearing to consider the City
Budget for Fiscal Years 1997/98 and 1998/99. The proposed budget for Fiscal Year 1997/98
totals $207,344,279 including proposed General Fund expenditures of $102,444,515. The
proposed budget for Fiscal Year 1998/99 totals $193,683,262 including General Fund
expenditures of $103,897,558.
Legal notice as provided by the Administrative Services Department to the City Clerk's
Office had been mailed, published and posted.
City Clerk Brockway announced that the following communications had been provided to the
City Council:
Memorandum from the City Administrator dated September 11, 1997 regarding Budget Study
Session Follow-up (September 8, 1997)
Memorandum from Chuck Beauregard dated September 9, 1997 regarding the appropriation
of funds in the budget for Senior Programs, Youth and Adult Programs, and the Art Center
Memorandum from the Community Services Director dated September 15, 1997 regarding Art
Center Funding
Slide report from City Administrator Uberuaga's Office on the Proposed City Budget dated
September 15, 1997
City Administrator Uberuaga presented a slide report covering the Proposed Two -Year Budget;
Recommended 1997/98 Total Budget—$211.1 Million; Recommended General Fund Budget—
$102.6 Million; Budget Addendum; State Budget; Number of Budgeted Full-time Positions;
Overview —City Services; and a Budget Summary.
232
Page 12 - Council/Agency Minutes - 09/15/97
City Administrator Uberuaga spoke regarding requests made by the Marine Safety Officers'
Association for two additional, full-time staff members or an alternative which would be to add
one person and reduce the overtime to have a cost neutral proposal. He presented reasons
he could not approve this request at this time. He reported on their request for a "call -out"
provision and consideration of rest rooms on Tower Zero on the pier.
City Administrator Uberuaga stated that funding for El Nino will be presented in October.
At the request of Councilmember Garofalo, Public Works Director Jones reported that the
budget does not reflect an accelerated fund for tree removal and tree trimming. He stated that
a report will be presented to Council on this subject.
Mayor Bauer declared the public hearing open.
MARY YELOVICH presented her opinion regarding the Police Department's resources that are
devoted to the alarm program be devoted to officers on the beat or on duties that have nothing
to do with the alarm issue. She stated that the proposed alarm renewal fee will make the city
charge the highest fee in Orange County. Ms. Yelovich stated that the fees should be charged
where cost occurs which is false alarms, not renewals.
There being no one present to speak further on the matter and there being no further protests
filed, either oral or written, Mayor Bauer closed the public hearing.
A motion was made by Dettloff, second Green to:
1. Complete the public hearing which has been continued open from September 2, 1997 on
the Two -Year Budget for 1997/98 and 1998/99 (continued open from September 2, 1997).
and.
2. Adopt Resolution No. 97-66 - "A Resolution of the City Council of the City of Huntington
Beach Adopting A Budget for the City for Fiscal Year 1997198" approving the City Budget for
1997/98 including the "Addendum" to the proposed budget and instructing the City
Administrator to submit the 1998/99 Budget (second year of the two-year budget) to the City
Council in August of 1998 substantially in the form submitted in the two-year budget.
Councilmember Harman suggested that the recommendations of the Marine Safety Officers'
Association regarding adding staff to their department without additional funding through
overtime savings and vehicle expense transfers be explored.
The motion made by Dettloff, second Green carried by the following roll call vote:
AYES:
Harman, Dettloff,
NOES:
None
ABSENT:
Julien
Bauer, Sullivan, Green, Garofalo
233
09/15/97 - City Council/Redevelopment Agency Minutes - Page 13
(CITY COUNCIL) CLOSED PUBLIC HEARING - APPEAL FILED BY GILDA KESHAVARZIAN
TO THE PLANNING COMMISSION'S DENIAL OF A REVISED PLAN - CONDITIONAL USE
PERMIT NO. 96-79 - VARIANCE NO. 96-27 - TWO-STORY SPLIT LEVEL HOUSE -
18741 JOCKEY CIRCLE - SOUTHWEST OF ELLIS AVENUE AND SADDLEBACK LANE -
APPEAL DENIED (420.40)
Mayor Bauer announced that this was the time set to consider a decision on the appeal.
Public hearing closed on July 21, 1997 with decision continued to this date.
APPLICANT: Gilda Keshavarzian and Mahavesh Keyranazar
REQUEST: Appeal to Planning Commission's denial of a revised plan for an 8,587 square
foot, two-story, 35-foot high, single family dwelling with variances to permit an eight (8) foot
setback in lieu of minimum 50 feet and to exceed the maximum two (2) foot cut and fill grading
limitation. The proposed project requires a revision to the previously approved master site plan
(Conditional Use Permit No. 89-6A) and will be on a lot with a grade differential of more than
three (3) feet between the high point and the low point.
LOCATION: 18741 Jockey Circle —at the terminus of Jockey Circle, southwest of Ellis Avenue
and Saddleback Lane
ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to
Class 3, Section 15303 of the California Quality Act which states that construction of a single-
family dwelling will not have an adverse impact on the environment and no further
environmental analysis is required.
Community Development Director Fallon reported on the appeal and provided background
information.
Scott Hess, Senior Planner, presented a slide report. He referred to a comparison chart
displayed on the wall behind the City Council. He stated that staff is recommending approval
of the variance and recommends that the Planning Commission's denial be overturned. Senior
Planner Hess referred to other wall displays which presented information on 1993 zoning,
1997 zoning, variance request and elevations.
Planning Director Zelefsky reported on the issue. He stated that this would not be precedent
setting as stated earlier by a speaker during Public Comments. He presented examples.
City Clerk Brockway had announced that the following communications on this item had been
provided to the City Council:
Planning Commission Recommendation —Findings for Denial, Conditional Use Permit
No. 96-79, Variance No. 96-27—Jockey Circle
Communication written to Bob Kvanazar from Jack Zullinger, Property Manager, Ellis Central
Park #9 Homeowners' Association, on behalf of the Board of Directors dated September 8,
1997 regarding 18741 Jockey Circle, Architectural Application disapproving the application and
presenting recommendations
234
Page 14 - Council/Agency Minutes - 09/15/97
Communication from Jerry Pabbruwee, Ellis Central Park #9 Homeowners' Association
representative, dated September 15; 1997 regarding the approval process relative to
Conditional Use Permit 96-79
Slide report from the Community Development Department regarding Appeal of Planning
Commission's Denial of two story with basement house at 18741 Jockey Circle
In response to Mayor Pro Tem Dettloff, the appellant stated that if he cannot build it the way he
desires that he will sell the property.
In response to Mayor Pro Tern Dettloff, Senior Planner Hess reported that there are now two
variances required and that to construct a residence without variances would be impractical.
Senior Planner Hess pointed out the diagrams which showed what the neighbors favored. He
reported on what criteria constitute a basement.
Councilmember Harman spoke regarding his concern relative to the proximity of the setback to
the equestrian trail and the closeness of the balcony to the trail. He stated he would not be
opposed to some reasonable variance.
Mayor Bauer spoke regarding the rumors he had heard which make him believe that there has
not been integrity in the process held during its return to the Homeowners' Association.
Councilmember Sullivan stated that he believes there must be a variance to build; that the
variance he cannot go along with is cut and fill.
Mayor Pro Tern Dettloff gave reasons why she believes there has not been integrity in the
process. She stated her regret that the applicant had been kept with hope this long and that
the process put in place had not worked. She stated that she believes the house is too
massive for the lot and that there are homeowners who also have rights.
Senior Planner Hess clarified that in the most recent plans the applicant did eliminate the
variance for the cut. He stated that the variance for the fill is still required.
A motion was made by Green, second Garofalo to deny Conditional Use Permit 96-79 and
Variance No. 96-27 with findings that are found in the Planning Commission's report dated
May 16, 1997 as follows:
FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 96-79:
Conditional Use Permit No. 96-79 for construction of a 8,587 square foot, two story, split
three level dwelling on a site with a grade differential of more than three feet between the
high point and the low point and for a substantial revision to a previously approved site
plan will be detrimental to the general welfare of persons working or residing in the vicinity
and detrimental to the value of the property and improvements in the neighborhood.
Architectural design of the proposed two story, split three level dwelling emphasizes bulk
and mass on the site and visually impacts adjacent properties. The revision to the
previously approved site plan does not result in a better project.
235
09/15/97 - City Council/Redevelopment Agency Minutes - Page 15
2. Conditional Use Permit No. 96-79 for construction of a 8,587 square foot, two story, split
three level dwelling on a site with a grade differential of more than three feet between the
high point and the low point and for a substantial revision to a previously approved site
plan will not be compatible with surrounding residential uses. The structural design of the
proposed two story, split three level dwelling appears to be a three story, 45 foot high
dwelling along the north and west elevations. There are no three story dwellings within the
Specific Plan area which is developed with one- and two-story dwellings. Balcony
projections intrude on adjacent properties' privacy.
3. The proposed two story, split three level residential use does not comply with the
provisions of the base district in which it is located and other applicable provisions
inTitles 20-25 of the Huntington Beach ZSO (Zoning and Subdivision Ordinance), the Ellis-
Goldenwest Specific Plan, and any specific condition required for the proposed use in the
district in which it would be located. The variance requests necessary for the
establishment of the project have been denied.
4. The granting of the conditional use permit for the two story, split three level dwelling on a
site with a grade differential of more than three feet between the high point and the low
point and for a substantial revision to a previously approved site plan will adversely affect
the General Plan. The project is not consistent with the Land Use Element designation of
Low Density Residential, 3 Units per Acre, Specific Plan Overlay, on the subject property
which prescribes the orderly development of a residential area. It is not consistent with the
following policies:
a. Avoid building materials, colors, and construction elements that visually dominate their
setting and contrast significantly with the character of the neighborhood. LU9.1.2
b. Require that all new residential development within existing residential neighborhoods
(i.e., infill) be compatible with existing structures, including the use of building heights,
grade elevations, orientation, and bulk that are compatible with the surrounding
development and maintenance of privacy on abutting residences. LU9.2.1
FINDINGS FOR DENIAL - VARIANCE NO. 96-27:
The granting of Variance No. 96-27 to allow (a) a reduction in the rear yard setback from
50 feet to 8 feet for balconies and 10 feet for the main dwelling, (b) a two story, split three
level dwelling (appears as a three story, 45 foot high building along the north and west
elevations), and (c) to exceed the maximum two foot cut and fill limitation (up to 6 foot cut
and 7.25 foot fill) will constitute a grant of special privilege inconsistent with limitations upon
other properties in the vicinity and under an identical zone classification. The proposed
project contrasts with the character of the neighborhood that has been developed to retain
the natural terrain and comply with the maximum building height and setback requirements.
2. Although there are special circumstances applicable to the subject property, including
shape, topography, the strict application of the zoning ordinance is not found to deprive the
subject property of privileges enjoyed by other properties in the vicinity and under identical
zone classification. The purpose of the Ellis-Goldenwest Specific Plan development plan is
to provide guidance for the orderly development of the area while preserving the natural
topographical features to the greatest extent possible. The subject property has been
236
Page 16 - Council/Agency Minutes - 09/15/97
3. provided with building pads to minimize the alteration of the natural terrain and will allow
development in compliance with the Specific Plan.
4. The granting of a variance to allow (a) a reduction in the rear yard setback from 50 feet to 8
feet for balconies and 10 feet for the main dwelling, (b) a two story, split three level
dwelling (appears as a three story, 45 foot high building along the north and west
elevations), and (c) to exceed the maximum two foot cut and fill limitation are not
necessary to preserve the enjoyment of one or more substantial property rights.
Construction of a custom home can be accomplished within the area identified on the
previously approved site plan or unit citing plan and within the maximum building height.
5. The granting of the variance requests will be materially detrimental to the public welfare or
injurious to property in the same zone classification. The proposed project contrasts with
the character of the neighborhood that has been developed to retain the natural terrain
and comply with the maximum building height and setback requirements. The proposed
project reduces the privacy of adjacent properties by the increased grade height, building
height, and architectural design of the two story, split three level dwelling.
The motion carried by the following roll call vote:
AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: Julien
(CITY COUNCIL) PUBLIC HEARING - RESOLUTION NO. 97-63 - ADOPTED - ANNUAL
ASSESSMENT FOR FISCAL YEAR 1997-98 TO FUND IMPROVEMENTS WITHIN
HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT (460.30)
Mayor Bauer announced that this was the meeting set for a public hearing pursuant to
Resolution of Intention No. 97-58 adopted on August 8, 1997 to hear all interested persons for
or against the continuation of the Huntington Beach Auto Dealers Business Improvement
District Assessment and the furnishing of specified types of improvements or activities.
Protests may be made orally or in writing but if written shall be filed with the City Clerk at or
before the time fixed for the hearing and contain sufficient documentation to verify business
ownership and validate the particular protest. If written protests are received from the owners
of businesses within the District which will pay 50% or more of the total assessments to be
levied, no further proceedings to levy the proposed assessment shall be taken for a period of
one year from the date of the finding by the City Council of a majority protest. If the majority
protest is only against the furnishing of a specified type or types of improvements or activity
within the District, those types of improvements or activities shall be eliminated.
Economic Development Director Biggs presented a staff report.
City Clerk Brockway announced that the following communications on this item had been
provided to the City Council:
237
09/15/97 - City Council/Redevelopment Agency Minutes - Page 17
Memorandum and slide report from the Economic Development Director dated September 15,
1997 regarding supplemental information to be included in the record for the public hearing on
the Auto Dealers Business Improvement District annual assessment
Legal notice as provided to the City Clerk's Office by Economic Development Department
staff had been mailed, published and posted.
Mayor Bauer declared the public hearing open.
There being no one present to speak on the matter and there being no protests filed, either
oral or written, the hearing was closed by Mayor Bauer.
A motion was made by Sullivan, second Green to adopt Resolution No. 97-63 - "A Resolution
of the City Council of the City of Huntington Beach Approving an Annual Assessment for Fiscal
Year 1997198 to Fund Improvements Within the Huntington Beach Auto Dealers Business
Improvement District." The motion carried by the following roll call vote:
AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: Julien
(CITY COUNCIL) PUBLIC HEARING - APPEAL FILED BY MAYOR RALPH BAUER OF THE
PLANNING COMMISSION'S CONDITIONAL APPROVAL OF TENTATIVE TRACT MAP
NO. 14590 - CONDITIONAL USE PERMIT NO. 96-35 - VARIANCE NO. 97-13 - (CANNES
POINTE 29-UNIT SUBDIVISION)—HUNTINGTON SIGNAL OIL COMPANY (420.40)
Mayor Bauer announced that this was the meeting set for a public hearing to consider the
following appeal.
APPLICANT: Huntington Signal Oil Company
APPELLANT: Mayor Ralph Bauer
REQUEST: Appeal of the Planning Commission's conditional approval to subdivide
approximately 3.75 acres for the development of 29 single-family residential units. The
request includes installation of a security gate system at the entry points to the project and
wrought iron fencing along the front property line of the proposed common open space area.
The request also includes construction of a cul-de-sac on Huntington Street at Main Street and
vacation of the west half of the street right-of-way north of the proposed cul-de-sac. Variances
are requested to allow a reduced landscape easement width for segments along Main Street
and Garfield Avenue and to allow a reduced garage setback and open space parking
requirement for one (1) unit.
LOCATION: Triangular parcel bounded by Main Street, Garfield Avenue, and Huntington
Street
238
Page 18 - Council/Agency Minutes - 09/15/97
ENVIRONMENTAL STATUS: Categorically exempt from the provisions of the California
Environmental Quality Act
City Clerk Brockway informed Council that the legal notice as provided to the City Clerk's
Office by Community Development Department staff had been mailed, published and
posted.
Mayor Bauer declared the hearing open.
City Clerk Brockway announced that the following communication on this item had been
provided to the City Council:
Communication from Deborah Street dated September 10, 1997 in support of the appeal only
if Huntington Street is made a cul-de-sac at Main Street and presenting questions regarding
the negative declaration and speeding traffic relative to Tentative Tract Map No. 14590,
Conditional Use Permit No. 96-35, Variance No. 97-13 (Appeal) (Cannes Pointe 29-Unit
Subdivision)
LYNN HEUBACH stated she was a member of the Seacliff Homeowners' Association located
directly on Huntington Street between Garfield and Main. She spoke in favor of the cul-de-sac.
She stated that the traffic conditions are unsafe due to the amount of traffic they are getting
not only currently but in the past coming through Huntington Street. She stated that there are
trucks passing through to Cambro Manufacturing Company and with construction going on
right now, they have an extreme amount of unsafe traffic flowing through their very small
street.
SHEEVANN O'CONNOR, President of the Seacliff Homeowners' Association, spoke relative to
repairing Main Street, stating that their little street does not have sidewalks, is not lined, barely
fits cars going both ways, is not really a two-way street; is not safe for their residents who walk
a lot there and those across the street who walk. She stated that right now her street is a
freeway and an unsafe environment. She stated that until the street is completely paved a
solution must be found. Ms. O'Connor stated that sweeping the area is not occurring during
construction. She strongly recommended approval of homes along with a cul-de-sac. Ms.
O'Connor stated she sees a lot of near -miss situations with persons making U-turns, right turns
and left turns, and she believes the cul-de-sac will reduce the safety concerns and not affect
the businesses.
MONA FINE informed Council she is a resident of Village Court at Main, Huntington and
Delaware. She stated that the Village Court Board of Directors has finally made a
recommendation to put an entry gate on the Delaware Street portion of their project. She
stated that during the meeting with the city on plans, they were not informed that Main Street
was going to go through major changes. Ms. Fine informed Council that this will now
substantially change their plans. She stated that they have had complaints from internal
homeowners about the flow of traffic as cars slow down to make a safe right turn into their very
narrow Main Street entrance, and now that it is planned to be a three -lane roadway in each
direction it will be even more unsafe. She stated that she would like to know what plans there
are for the opposite corner on Main and Huntington.
239
09/15/97 - City Council/Redevelopment Agency Minutes - Page 19
Mayor Bauer requested that City Administrator Uberuaga have someone from staff meet with
homeowners' groups relative to proposed plans.
INEZ NEUENFELDT stated that she believes the proposed plan is very congestive and does
not give quality of life in that area. She stated that she does not see any guest parking; that
there will not be external parking; and Main Street will be a freeway.
ROBERT WINN, Seacliff Palms Homeowners' Association stated that he believes the'cul-de-
sac should be approved if the project is approved. He.stated that there are many children in
the community at Seacliff Palms and more children will be moving in. He stated that from what
he understands there will be another ten homes going in on Huntington Street and Garfield
Avenue. Mr. Winn stated that, based on what he has seen as to the traffic coming through, he
is in support of the cul-de-sac.
KAZ BEGOVICH, architect, informed Council the original proposal was without the cul-de-sac
and that during a subdivision meeting, in talking with city staff including the Traffic Engineer,
their recommendation was for the cul-de-sac for all the safety reasons. He stated the other
proposal was without the cul-de-sac.
In response to Councilmember Harman, Mr. Begovich stated the provisions for parking.
In response to Councilmember Sullivan, Assistant Planner Carvalho reported on the parking
provisions and driveway size.
In response to Councilmember Green, Assistant Planner Carvalho informed Council that there
are sidewalks only on one side and that there are other projects for which staff has
recommended this and it has been approved for a couple of projects.
In response to Councilmember Garofalo, Assistant Planner Carvalho reported on parking
plans.
MARK JACOBS, representing the applicant and also the future developer of the property,
requested approval of the project with the cul-de-sac in place as they think it is the better plan.
He presented a history of the project including in 1991 when it was planned for 300 units for
affordable housing. He spoke regarding the proposed vacation of street, stating that it had not
been requested by the applicant. Mr. Jacobs informed Council that he believes the project will
allow less traffic on the street; that it is preferable to a project with attached walls. He stated
that as a result of the street widening, property has been lost and only one lot variance has
been requested as a result. He gave examples of other developments that have minimal or no
driveway entrances. Mr. Jacobs referred to Mr. Speaker's objections during Public Comments
to lot sizes.
In response to Councilmember Garofalo, Mr. Jacobs estimated the proposed price of his units
including the affordable units. Discussion was held between Mr. Jacobs and Councilmember
Garofalo.
Mr. Jacobs stated that Mr. Speaker was incorrect regarding his comments made during Public
Comments on the setback on Main Street.
240
Page 20 - Council/Agency Minutes - 09/15/97
BOB GILBERT, Civil Engineer for the project, stated that as an engineer he believes the cul-
de-sac is a better solution to the situation that is there; that it is a standard engineering
practice that you do not build streets with a 45-degree angle especially when you have a major
street like Main Street. He referred to a wall map. He stated that Promenade Street is not very
far from the one they are closing; that it is to be a signalized intersection and it will greatly
impact the traffic on Main Street and Huntington if that were left open. He showed on the plan
that it is proposed to leave the left -turn pocket that would turn into the medical center; that it
can actually be shortened and facilitate the move into that center. He stated that he observed
that now people make a very hazardous U-turn, and it will be made more hazardous than it is
now after the street is widened. He stated that what the plan does not reflect is that there is
enough room in the street intersection now on the other side of Main Street where Huntington
is left open to provide a little curve into Main Street and then there will actually be a 90-degree
angle at that street creating a normal left -right turn movement for people that are coming to
Main Street from the other side and that will also make that side safer. He informed Council
that their project works either way —with or without the cul-de-sac.
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 Mayor Bauer.
Councilmember Garofalo asked if truck traffic could be mitigated on Huntington Street. Traffic
Engineer Otterson reported on the California Vehicle Code as it pertains to the issue. He
stated that practically speaking he does not believe trucks can be mitigated short of cul-de-
sacing Huntington Street.
Discussion was held regarding the location where there are curbs and gutters. He stated that
this project will put curbs and gutters on the west side of Main Street between Garfield and
Main. He concurred with Councilmember Garofalo that this would improve the pedestrian
friendliness of that area by improving the street.
Councilmember Garofalo requested that the issue of the dust problem by the developer be
resolved. He stated that he did not believe sidewalks on one side of the street are acceptable.
Councilmember Garofalo stated that he does not believe this project makes affordable
housing. He spoke regarding the minimum transportation corridors the city now has.
Councilmember Garofalo referred to the chart that Mr. Speaker handed out regarding lots.
Mayor Pro Tern Dettloff spoke regarding the history of this area, that this project is so reduced
in size from any project proposed before on this property. Mayor Pro Tern Dettloff stated it
disturbed her to hear some of the statements by Village Court residents that they were not
notified. Assistant Planner Carvalho responded that they were notified of the hearing;
however, apparently they were not notified regarding the Main Street proposed street
improvements.
At Mayor Pro Tern Dettloff's request, Traffic Engineer Otterson reported regarding safety
concerns of the Village Court Homeowners' Association. He spoke at length regarding the
subject including safety issues. In response to Mayor Pro Tem Dettloff, he stated he was in
favor of the developer's suggestion of assuming responsibility for access into the medical
center. He presented the reasons why he believes there will be fewer accidents if, Huntington
Street is cul-de-saced.
241
09/15/97 - City Council/Redevelopment Agency Minutes - Page 21
A motion was made by Bauer to approve the project.
Mayor Bauer stated the reasons for his motion. .
Mayor Bauer asked the developer, Mr. Jacobs, to return to the podium to answer
Councilmember Harman's questions.
Councilmember Harman directed the developer's attention to the idea of the Traffic Division
recommending the length of the median nose on the north side of the intersection be
shortened to allow southbound traffic to turn into the medical center complex. Mr. Jacobs
stated that this was correct. Councilmember Harman asked Mr. Jacobs if the project was
approved, would he and his company be willing to pay for these improvements and would he
be willing to allow Council to make this one of the conditions of approval. Mr. Jacobs
responded that this was acceptable.
Councilmember Harman requested that the motion be amended to provide for the above
condition; that the modifications to the median be paid for by the applicant. Councilmember
Harman asked Mayor Bauer if this would be acceptable and stated that this was acceptable to
him as the second to the motion. Councilmember Harman requested that this be included in
the motion. Mayor Bauer directed staff to note this amendment. Councilmember Harman
stated that he had made the second to the motion and felt this was an appropriate project;
however, he stated his concern regarding density. Councilmember Harman stated his support
for the cul-de-sac concept, a safety factor both from a traffic and pedestrian standpoint.
Councilmember Harman stated that he had a question regarding maintenance of the east side
of the street that would be vacated. He referenced the staff report which mentioned a
meandering sidewalk. Assistant Planner Wayne Carvalho stated that the city will maintain this
30-foot area.
At the request of the City Clerk, Mayor Bauer repeated the three new findings: (1) the new
plan reduces traffic and density; (2) maintains neighborhood integrity by reducing traffic; and
(3) lots will be 3,600 square feet and more affordable. In response to the City Clerk, Mayor
Bauer stated that these were not intended as findings but could be used as findings if so
desired.
The City Clerk asked Mayor Bauer if the Findings and Conditions of Approval on Attachment 1
were part of his motion. Mayor Bauer responded that this was correct.
The motion made by Bauer, second Harman failed by the following tie vote:
AYES: Harman, Dettloff, Bauer
NOES: Sullivan, Green, Garofalo
ABSENT: Julien
In response to Mayor Bauer regarding the consequence of the tie vote, City Attorney Hutton
stated that the Planning Commission's action stands.
242
Page 22 - Council/Agency Minutes - 09/15/97
A motion was made by Councilmember Garofalo to approve Tentative Tract No. 14590,
Conditional Use Permit No. 96-35, and Variance No. 97-13 with Findings and Conditions of
Approval as set forth in Attachment No.7, Request for Council Action, except for the closure of
Huntington Street and Councilmember Harman's amendment for the developer to agree to
mitigate the median crossing.
The motion made by Garofalo, second Green, failed by the following tie vote:
AYES: Sullivan, Green, Garofalo
NOES: Harman, Dettloff, Bauer
ABSENT: Julien
Mayor Bauer stated that the Planning Commission's action stands and the project can go
forward as originally planned. In response to Mayor Bauer's inquiry, the City Attorney stated
that this is correct.
MOTION TO ADJOURN FOLLOWING ACTION WHICH IS NECESSARY ON CONSENT
CALENDAR AND REMAINDER OF AGENDA
A motion was made by Green, second Sullivan that the meeting be adjourned following
Council taking action on the items which the City Administrator believes should be taken
tonight. The motion carried unanimously with Councilmember Julien absent.
CONSENT CALENDAR - ITEMS REMOVED
The following items were requested by Councilmembers to be removed from the Consent
Calendar for separate consideration:
Approval of Professional Services Contract with EDAW, Inc. for Preparation of Environmental
Impact Report No. 97-2 for 208 Single -Family Lot Residential Subdivision Proposed by Shea
Homes - Old Metropolitan Water District Site - South of Warner Avenue, West of Graham
Street
Escrow Agreement between City and Valley Crest Landscape, Inc. and Wells Fargo Bank -
Pier Plaza Project - CC-1029 - Deferred to October 6, 1997
Approval of Professional Services Contract with Sedway Group to Provide Economic
Professional Service and Approval of Scope of Work for Impediments to Development Study
CONSENT CALENDAR - ITEMS APPROVED
On motion by Garofalo, second Green, Council approved the following Consent Calendar
items as recommended by the following roll call vote:
243
09/15/97 - City Council/Redevelopment Agency Minutes - Page 23
AYES:
Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES:
None
ABSENT:
Julien
Councilmember Sullivan requested that his vote be recorded as "No" on the -agenda item
regarding Final Tract Map No. 14352 - Plaza Almeria.
(CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - APPROVED AND ADOPTED
(120.65) - Approved and adopted minutes of the City Council/Redevelopment Agency regular
meeting of August 18, 1997 as written and on file in the Office of the City Clerk.
City Clerk Brockway requested that Council defer approval of corrected Page Nos. 12, 13, and
14 of the regular meeting of July 21, 1997 to the meeting of October 6, 1997. The Council
concurred.
(CITY COUNCIL) APPROVAL OF REPLACEMENT OF AN ELECTRONIC THEODOLITE -
SURVEY EQUIPMENT - APPROPRIATION FROM EQUIPMENT REPLACEMENT FUND -
APPROVED (320.45) - Approved the appropriation of $11,562 from the Equipment
Replacement Fund to purchase a Leica TC-1100 total station instrument which includes the
following ancillary equipment: 1 MB PCMCIA memory card, OSW/PC transfer cable, and two
GPH1 single prism holders. The $11,562 total includes sales tax, rebate, and trade-in.
(CITY COUNCIL) SUBSTITUTION OF TRACT BONDS (THE AMERICAN INSURANCE
COMPANY) AND SUBDIVISION AGREEMENTS DUE TO PURCHASE BY TAYLOR
WOODROW HOMES, INC. OF PLC LAND COMPANY TRACT NOS. 14700, 15087 AND
15088 - HOLLY-SEACLIFF DEVELOPMENT AREA - APPROVED (420.60) - 1. Released
PLC Land Company's Subdivision Agreement and Bond Nos. 3SM88867000, 3SM88867100
Tract No. 14700, the securities furnished for Faithful Performance, Labor and Material, and
Monuments respectively; 2. Released PLC Land Company's Subdivision Agreement and
Bond Nos. 3SM88867200, 3SM88867300 Tract No. 15087, the securities furnished for Faithful
Performance,. Labor and Material, and Monuments respectively; 3. Released PLC Land
Company's Subdivision Agreement and Bond Nos. 3SM888667400, 3SM88867500 Tract
No. 15088, the securities furnished for Faithful Performance, Labor and Material, and
Monuments respectively; 4. Accepted Taylor Woodrow Homes, Inc. Subdivision Agreement
and Bond Nos. 11141575222, 11141575198 Tract No. 14700, the securities furnished for
Faithful Performance, Labor and Material, and Monuments respectively, and approved and
authorized execution by the Mayor and City Clerk of the Subdivision Agreement and file the
Bonds with the City Treasurer; 5. Accepted Taylor Woodrow Homes, Inc. Subdivision
Agreement and Bond Nos. 1114575230, 11141575206 Tract No. 15087, the securities
furnished for Faithful Performance, Labor and Material, and Monuments respectively, and
approved and authorized execution by the Mayor and City Clerk of the Subdivision Agreement
and file the Bonds with the City Treasurer; and 6. Accepted Taylor Woodrow Homes, Inc.
Subdivision Agreement and Bond Nos. 11141575248, 11141575214 Tract No. 15088, the
securities furnished for Faithful Performance, Labor and Material, Monuments respectively,
and approved and authorized execution by the Mayor and City Clerk of the Subdivision
Agreement and file the Bonds with the City Treasurer; and 7. Instructed the City Clerk to notify
244
Page 24 - Council/Agency Minutes - 09/15/97
the previous developer, PLC Land Company, of this action and the City Treasurer to notify the
bonding company of this action.
(CITY COUNCIL) GOLDENWEST STREET AT HEIL AVENUE AND NEWLAND STREET AT
ADAMS AVENUE - TRAFFIC SIGNAL IMPROVEMENTS - CC-1035 - NOTICE OF
COMPLETION - C.T. AND F., INC. - APPROVED (600.55) - Accepted the improvements of
the Goldenwest Street at Heil Avenue and Newland Street at Adams Avenue Traffic Signal
Improvements, CC-1035, completed by C.T. and F., Inc. for a final cost of $74,842.89 and
authorized the City Clerk to file a Notice of Completion with the County Recorder's Office.
(CITY COUNCIL) AUTHORIZE EMERGENCY REPLACEMENT OF HEAT EXCHANGERS -
ATLANTA FLOOD CONTROL STATION - FUND TRANSFERS AND AUTHORIZATION TO
SOLICIT QUOTATIONS AND EMERGENCY PURCHASE - APPROVED (320.45)
1. Approved the transfer of $31,000 from the unappropriated Equipment Replacement Fund
into an "Emergency Cooling System Repair Account" for Fiscal Year 1996/97; and
2. Authorized the Public Works Director to solicit quotations and purchase on an emergency
basis three new heat exchangers and related piping estimated to cost $31,000.
(CITY COUNCIL) APPROVE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES
CONTRACT WITH PSOMAS AND ASSOCIATES TO PROVIDE WATER MASTER PLAN
FACILITATION - GRAPHIC INFORMATION SYSTEM (GIS) DATA CONVERSION
SERVICES) - APPROVED (600.10) - 1. Approved the Second Amendment to the Existing
Professional Services Contract between the City of Huntington Beach and Psomas and
Associates for GIS Data Conversion Services to include professional consulting services in
connection with transfer of the services from Engineering Resources, Inc. for Gary Dysart to
provide services related to the implementation of the Water System Capital Improvement
Program and Financing Plan; authorized execution by the Mayor and City Clerk; and 2. That
the City Council appropriate $30,000 from the Unappropriated Fund Balance Water Facilities
Master Plan to continue facilitation of the Water Master Plan improvement.
(CITY COUNCIL) CONSENT FOR PENDING SALE BY M. S. VICKERS II, LLC OF
PROPERTY LOCATED ON GARFIELD AVENUE TO BOBBIE VALLEE WILLIAMS -
ASSESSOR'S PARCEL NO. 111-130-10 IN THE HOLLY-SEACLIFF DEVELOPMENT
AGREEMENT AREA - APPROVED (600.10) - 1. Pursuant to Section 4.2 of the Holly-Seacliff
Development Agreement approved the request by M. S. Vickers II, LLC for the City Council to
provide consent for the pending sale of the property on Garfield Avenue known as Assessor
Parcel Number 110-130-10 to Bobbie G. Williams and Vallee J. Williams; and 2. Authorized
the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the
Assumption of Rights, Duties and Obligations. (0.17 acre parcel).
245
09/15/97 - City Council/Redevelopment Agency Minutes - Page 25
(CITY COUNCIL) SUBSTITUTION OF TRACT BONDS (THE AMERICAN INSURANCE
COMPANY) AND SUBDIVISION AGREEMENTS DUE TO PURCHASE BY LENNAR HOMES
OF PLC LAND COMPANY OF TRACT NOS. 15034, 15035 AND 15036 - HOLLY-SEACLIFF
DEVELOPMENT AGREEMENT AREA - APPROVED (420.60) - 1. Released Pacific Land
Company's Subdivision Agreement and Bond Nos. 3SM88743000, 3SM88742900 Tract
No. 15034, the securities furnished for Faithful Performance, Labor and Material, and
Monuments respectively; 2. Released Pacific Land Company's Subdivision Agreement and
Bond Nos. 3SM88742800, 3SM88742700 Tract No. 15035, the securities furnished for Faithful
Performance, Labor and Material, and Monuments respectively; 3. Released Pacific Land
Company's Subdivision Agreement and Bond Nos. 3SM88742600, 3SM88742500 Tract
No. 15036, the securities furnished for Faithful Performance, Labor and Material, and
Monuments respectively; 4. Accepted Lennar Homes of California, Inc. Subdivision
Agreement and Bond Nos. 11133297967, 11133297975 Tract No. 15034, the securities
furnished for Faithful Performance, Labor and Material, and Monuments respectively, and
approved and authorized execution by the Mayor and City Clerk of the Subdivision Agreement
and file the Bonds with the City Treasurer; 5. Accepted Lennar Homes of California, Inc.
Subdivision Agreement and Bond Nos. 11133297983, 11133297991 Tract No. 15035, the.,
securities furnished for Faithful Performance, Labor and Material, and Monuments
respectively, and approved and authorized execution by the Mayor and City Clerk of the
Subdivision Agreement and file the Bonds with the City Treasurer; 6. Accepted Lennar Homes
of California, Inc. Subdivision Agreement and Bond Nos. 11133298007, 11133298015 Tract
No. 15036, the securities furnished for Faithful Performance, Labor and Material, and
Monuments respectively, and approved and authorized execution by the Mayor and City Clerk
of the Subdivision Agreement and file the Bonds with the City Treasurer; and 7. Instructed the
City Clerk to notify the previous developer, PLC Land Company, of this action and the City
Treasurer to notify the bonding company of this action.
(CITY COUNCIL) RESOLUTION NO. 97-62 - ADOPTED - REGARDING DISPOSITION OF
RECORDS - OFFICE OF THE CITY CLERK (170.50) - Adopted Resolution No. 97-62 - "A
Resolution of the City Council of the City of Huntington Beach Authorizing Destruction of
Certain City Records." (See Description of Records listed in Exhibit "A" attached.)
(REDEVELOPMENT AGENCY) RECEIVE AND FILE DOCUMENT ON BEHALF OF THE
REDEVELOPMENT AGENCY - REVISED SCHEDULE OF PERFORMANCE TO AMENDED
AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT - THIRD BLOCK
WEST - BETWEEN REDEVELOPMENT AGENCY AND J. T. DEVELOPMENT COMPANY,
L.L.C. - APPROVED (600.30) - That the Redevelopment Agency receive and direct the
Agency Clerk to file the Revised Schedule of Performance to Amended and Restated
Disposition and Development Agreement (Third Block West) between the Redevelopment
Agency and J. T. Development Company, L.L.C. dated August 11, 1997.
246
Page 26 - Council/Agency Minutes - 09/15/97
(CITY COUNCIL) RESOLUTION NO. 97-64 - ADOPTED - APPROVING APPLICATION FOR
STATE COASTAL CONSERVANCY GRANT TO PROVIDE PUBLIC ACCESS TO THE
BEACH AT SEAPOINT AVENUE AND PACIFIC COAST HIGHWAY - SEAPOINT AVENUE
ACCESS PROJECT (340.80) - Adopted Resolution No. 97-64 - "A Resolution of the City
Council of the City of Huntington Beach Approving the Application and Assurances for Grant
Funds Under the Coastal Conservancy Access Program." Authorizes staff to submit a grant
application for $68,000 to the State Coastal Conservancy under the Public Access Program to
provide public access to the beach at Seapoint Avenue and Pacific Coast Highway.
(CITY COUNCIL) RESOLUTION NO. 97-65 - ADOPTED - APPROVING THE SUBMITTAL OF
PROJECTS TO ORANGE COUNTY TRANSIT AUTHORITY (OCTA) FOR FUNDING UNDER
THE BUS STOP ACCESSIBILITY PROGRAM - CC-1054 AND CC-1055 (340.60) - Adopted
Resolution No. 97-65 - "A Resolution of the City Council of the City of Huntington Beach
Approving the Submittal of Two Improvement Projects to the Orange County Transportation
Authority for Funding Under the Bus Stop Accessibility Program" - and authorized execution by
the Mayor and City Clerk.
(CITY COUNCIL) AUTHORIZATION FOR BID AWARD OF CONSTRUCTION CONTRACT
BUS STOP ACCESSIBILITY PROJECT - CC-1053 - RANCO CORPORATION - APPROVED
(600.70) - 1. Accepted the low bid submitted by Ranco Corporation, P. O. Box 9007, Brea, CA
92622 and authorized the Mayor and City Clerk to execute an appropriate contract for the Bus
Stop Accessibility Project, CC-1053, for a total bid amount of $45,625; and 2. Authorized the
Public Works Department to expend a total of $55,000 to cover the contract amount of
$45,625, estimated construction change orders of $5,000 and supplemental expenditures of
$4, 375.
(CITY COUNCIL) APPROVAL OF GRANT AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND THE HUNTINGTON BEACH CONFERENCE AND VISITORS
BUREAU, INC. (HBCVB) FOR FISCAL YEAR 1997/98 FOR PUBLIC RELATIONS
SERVICES - APPROVED (600.10) - Approved and authorized execution by the Mayor and
City Clerk of the Grant Agreement between the City of Huntington Beach and the Huntington
Beach Conference and Visitors Bureau, Inc. (HBCVB) for a twelve-month Agreement for a total
of $190,000.
(CITY COUNCIL) BID AWARD - NOBEST, INC. - REPAIR/REPLACEMENT OF STREET
IMPROVEMENTS ALONG TRIDENT LANE, CATALINA CIRCLE AND CASTLE DRIVE -
MSC-389 - APPROVED AGREEMENT (600.10) - 1. Accepted the low bid submitted by
Nobest, Inc. for the repair/replacement of applicable street improvements along Trident Lane,
Catalina Circle and Castle Drive; and 2. Approved a total project budget of $522,000. This
amount includes $393,402 for contract work, $39,340 for any unanticipated Change Orders
and $89,258 for incidental expenditures (i.e., parkway trees, water meter boxes, manhole lids,
etc.) and approved and authorized execution of the agreement.
247
09/15/97 - City Council/Redevelopment Agency Minutes - Page 27
(CITY COUNCIL) FINAL TRACT MAP NO. 14352 OF TENTATIVE TRACT MAP NO. 14352 -
PLAZA ALMERIA SUBDIVISION - BETWEEN MAIN AND FIFTH STREETS AND ORANGE
AND OLIVE AVENUES - APPROVED (420.60) - 1. Approved Final Tract Map No. 14352 and
accepted the offer of dedication and improvements and bonds (Developers Insurance
Company) pursuant to findings and requirements (Attachment No. 1) as set forth in the
Request for Council Action dated September 15, 1997; and 2. Approved the Subdivision
Agreement between the city and J. T. Development Company, L.L.C. and authorized execution
by the Mayor and City Clerk.
Councilmember Sullivan voted "No" on this item.
(CITY COUNCIL) DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
FOR PROPERTY (RESALE RESTRICTIONS) - AFFORDABLE HOUSING COVENANTS FOR
GREYSTONE KEYS PROJECT - TRACT NO. 14662 - SEAGATE DRIVE - NORTH OF
PROMENADE PARKWAY - WEST OF MAIN STREET - APPROVED (420.60) - Approved and
authorized execution of the [Declaration of Conditions Covenants and Restrictions for Property
(Resale Restrictions)] (Affordable Housing Covenants) for the Greystone Keys Project Tract
No. 14662 by the Mayor and City Clerk and directed the City Clerk to record with the Orange
County Recorder (Seagate Drive - north of Promenade Parkway - west of Main Street).
(CITY COUNCIL) RESOLUTION NO. 97-67 - ADOPTED - PERSONNEL CLASSIFICATION
PLAN AMENDMENT - ADDS NEW CLASSIFICATION OF POLICE COMMUNICATIONS
MANAGER - DELETES THE CLASSIFICATIONS OF OFFICE ASSISTANT I (TYPING) AND
OFFICE ASSISTANT II (NON -TYPING) (700.10) -Adopted Resolution No. 97-67 -'A
Resolution of the City Council of the City of Huntington Beach to Amend the City Classification
Plan by Adding a New Classification Entitled Police Communications Manager and Deleting
the Classifications of Office Assistant -I (Typing) and Office Assistant-ll (Non -Typing)."
(Amends the City Classification Plan by adding a new classification entitled Police
Communications Manager and deleting the classifications of Office Assistant -I (Typing) and
Office Assistant -II (Non -Typing).)
(CITY COUNCIL) PERSONNEL COMMISSION REAPPOINTMENTS - JAMES ALDRIDGE
AND MIKE BOGEN - APPROVED. (110.20) - Approved the recommendation of Mayor Bauer
and Councilmember Sullivan, liaisons to the Personnel Commission, that James A. Aldridge
and M. D. "Mike" Bogen be reappointed to the Personnel Commission for a full four-year term
to expire June 30, 2001.
(CITY COUNCIL) APPROVED AS AMENDED - PROFESSIONAL SERVICES CONTRACT
WITH EDAW, INC. FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT NO. 97-2
FOR 208 SINGLE-FAMILY LOT RESIDENTIAL SUBDIVISION PROPOSED BY SHEA
HOMES - OLD METROPOLITAN WATER DISTRICT SITE - SOUTH OF WARNER AVENUE,
WEST OF GRAHAM STREET -APPROVED (600.10)
The City Council considered a communication from Community Development Director Fallon
transmitting a proposed professional services contract with EDAW, Inc. for preparation of an
248
Page 28 - Council/Agency Minutes - 09/15/97
environmental impact report for a 208 single-family lot residential subdivision proposed by
Shea Homes.
Councilmember Garofalo stated his concern regarding the lot sizes. He stated that it is
another high density residential unit with the affordable housing requirement on it. Mayor Pro
Tern Dettloff stated that a study of such concerns as expressed by Councilmember Garofalo is
what the environmental impact report is meant to do —to study the use of the land.
A motion was made by Garofalo, second Green to approve and authorize the Mayor and City
Clerk to execute the Professional Services Contract between the City of Huntington Beach and
EDAW, Inc. for consulting services to prepare Environmental Impact Report No. 97-2 for the
proposed Shea Homes project in an amount not to exceed $75,910 as amended to remove
reference to the number of units. The motion carried by the following roll call vote:
AYES: Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: Julien
(CITY COUNCIL) ESCROW AGREEMENT BETWEEN CITY AND VALLEY CREST
LANDSCAPE, INC. AND WELLS FARGO BANK - PIER PLAZA PROJECT -
CC-1029 - DEFERRED TO OCTOBER 6, 1997 (600.80)
The City Council considered a communication from Public Works Director Jones
recommending approval of an escrow agreement between the city and Valley Crest
Landscape and Wells Fargo Bank relative to the Pier Plaza Project.
Councilmember Harman questioned why the city could not get the interest on the money, and
City Engineer Eichblatt reported on the issue. Councilmember Harman stated that unless by
contract or law the city is required to let the contractor retain the funds that the city should not
lose the interest. City Attorney Hutton reported on the section in the escrow agreement citing
reference to this issue.
The Council deferred this item to October 6, 1997.
(CITY COUNCIL/REDEVELOPMENT AGENCY) REMAINING AGENDA ITEMS DEFERRED
TO OCTOBER 6, 1997
Approval of Professional Services Contract with Sedway Group to Provide Economic
Professional Service and Approval of Scope of Work for an Impediments to Development
Study (600.30)
Agreement with Deloitte and Touche, L.L.P. for Preparation of Fiscal Feasibility Studies for the
Proposed Huntington Central Park Sports Complex and Gun Range - Amendment to General
Fund Budget (600.10)
249
09/15/97 - City Council/Redevelopment Agency Minutes - Page 29
Establishment of the Integrated Infrastructure Management Program Citizen Advisory
Committee for the Purpose of Developing and Implementing a Community Public Awareness
Program (120.25)
Request for Study Session Regarding "Public Records Act Request for Disclosure" by Named
Employee of Employee Salaries and Formulation of a City Policy
Introduction of Ordinance No. 3370 - Amends Municipal Code Chapter 8.44 Vehicles and
Motorcycles Relative to Motorized Scooter (Go-peds) and Motorized Skateboards (640.10)
Introduction of Ordinance No. 3371 - Utility Users Tax - Proposed Reduction to Late Penalty
(640.10)
ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY
Mayor Bauer adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach at 11:20 p.m. to the adjourned regular meetings to be
held on Monday, September 29, 1997 at 5:00 p.m. in the Council Chamber, Civic Center, 2000
Main Street, Huntington Beach, California.
ATTEST:
City Clerk/Clerk
City CI rk and ex-officio C erk o e City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
Mayor/Chairman
250