HomeMy WebLinkAbout1997-10-06 (9)MINUTES
CITY COUNCIUREDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
5:00 PM - Room B-8
7:00 PM - Council Chamber
Huntington Beach, California
Monday, October 6, 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 5:00 p.m. in Room B-8.
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
Absent: None
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 - PRESENTATION BY FIRE DEPARTMENT AND
PUBLIC WORKS DEPARTMENT - PREPAREDNESS FOR POTENTIAL EFFECTS OF
EL NINO THIS WINTER - FLOOD PREVENTION AND CONTROL - DIRECTION TO STAFF
PROVIDED BY THE CITY COUNCIL
In the absence of City Administrator Uberuaga, Assistant City Administrator Silver stated that
the purpose of the meeting is to receive a report from Fire Chief Dolder and Public Works
Director Jones on preparedness for potential effects of El Nino this winter —flood prevention
and control. He stated a slide report titled El Nino Preparedness would be presented to
Council.
At the study session, the following communications were provided to the Council by staff:
Joint Slide Report from the Fire Chief and Public Works Director titled El Nino Preparedness;
A Public Works document titled The El Nino Report.
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Fire Chief Dolder reviewed the slide report which covered information on community
preparation such as cable television (HBTV-3) programs to be hosted by Councilmember
Harman, Public Works Director Jones, and Glorria Morrison, Emergency Services
Coordinator; volunteer training classes for light search and rescue and sandbagging;
Fire Safety Fest'97 to be held October 11, 1997 covering sandbagging demonstrations and
information booths; an El Nino response class for CERT graduate volunteers to be held
October 18, 1997, and an El Nino preparedness class for Huntington Beach residents to be
held November 6, 1997.
Staff preparations reported upon by Fire Chief Dolder included how city departments are
working together, SEMS Training, EOC (Emergency Operating Center) exercise, operations
resource meeting, sandbagging preparations, the effects of El Nino and Orange County's
response.
Public Works Director Jones reported on information included in the slide report relative to
what has been done - what is being done - what will be done relative to gathering and sharing
of information with other agencies, stop -gap measures, storm drain pump stations and
trimming and/or spraying of trees and vegetation. The report covered staff's coordination with
the Orange County Flood Control District to solve mutual problems, storm drain inlets and flood
channels - inspection and cleaning, monitoring of pump station facilities and storm patrols
continuing to monitor the weather and high tides. Public Works Director Jones reported on
additional preparatory measures as set forth in the El Nino report. A summary report was
presented regarding the fact that El Nino is a real threat to Huntington Beach residents; that
residents and staff are getting prepared and that preparations will be on -going.
City Administrator Uberuaga arrived at 5:18 p.m.; shortly following the beginning of the
presentations.
In response to Councilmember Harman, Fire Chief Dolder stated that persons could call the
EOC (Emergency Operations Center) to determine whether their homes are in a flood area. In
response to Councilmember Harman, Public Works Director Jones stated that crews have
been looking at the Slater Channel between Springdale and Edwards immediately adjacent to
Slater Avenue and would do so again. Fire Chief Dolder responded to questions from
Councilmember Julien regarding the areas at risk and the importance of children staying away
from the channels. Public Works Director Jones reported that training is being done on swift
water rescue. Public Works Director Jones responded to Mayor Pro Tern Dettloff on the
subject of the effect of tidal actions.
Discussion was held regarding the standards that developers follow in design of their projects
relative to flood control measures.
In response to Mayor Bauer, Fire Chief Dolder Dolder reported that 911 is the telephone
number to call in case of an emergency such as discussed earlier when a citizen believes a
clapper valve may fail. He reported that the city has resources to reach the County. Fire Chief
Dolder stated that if 911 is called the Police and Fire Departments can then respond through
reaching telephone numbers in the County that are not generally available.
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MOTION TO CONDUCT CLOSED SESSION REGARDING EMPLOYMENT STATUS OF CITY
ADMINISTRATOR
A motion was made by Sullivan, second Dettloff to make a determination that the need to take
action on the issue of the City Administrator's Employment Contract arose subsequent to the
agenda being posted as specified in Government Code Section 54954.2 (b) (2). The motion
carried unanimously
MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80)
A motion was made by Sullivan, second Harman, to recess the City Council to closed
session to consider the following items. The motion carried by unanimous vote.
Closed Session - City Council Pursuant to Government Code Section 54957 to consider
personnel matters —employment contract with the City Council.
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)
Closed Session - City Council pursuant to Government Code Section 54956.8 to give
instructions to the city's negotiator, Dan Brennan, Director of Real Estate Services, regarding
negotiations with Stephen Barker, Director of Business Operations, McDonnell Douglas Realty
Company, concerning the purchase of the property located at the northerly 200 feet of parcels
2 and 3 Parcel Map 93-202 immediately adjacent to 14561 Springdale Street. Instruction will
concern: Price. Subject: Acquisition of Site for Peck Reservoir expansion. (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 Plechner vs. City of Huntington Beach - Orange County
Superior Court Case No. 75- 62 38. Subject: Plechner vs. City of Huntington. (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 Scott v. City of Huntington Beach - Orange County
Superior Court Case No. 76 10 80. Subject: Scott v. City of Huntington Beach. (120.80)
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Closed Session - City Council pursuant to Government Code Section 54956.8 to give
instructions to the city's negotiator, Michael Dolder, Fire Chief and Paul Larkin, City Real
Estate Agent regarding negotiations with K.A. Leighton, Project Manager, Chevron and
Huntington Beach Company concerning the purchase of the property located at 19081
Huntington Street, Huntington Beach. Subject: Acquisition of Miley -Keck Oil Tank Farm
Property.
RECONVENE
Mayor Bauer reconvened the regular meetings of the City Council and Redevelopment
Agency in the Council Chamber at 7:39 p.m.
CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
Absent: None
FLAG CEREMONY AND PLEDGE OF ALLEGIANCE
The flag ceremony and Pledge of Allegiance were led by Councilmember Sullivan.
MAYOR BAUER'S GREETING TO SECOND GRADE STUDENTS AT HOPE VIEW SCHOOL
Mayor Bauer opened the meeting with greetings to all his friends in the second grade at Hope
View School. He stated that he had addressed those young ladies and gentlemen today and
had promised to wave to them on television if they promise to watch HBTV-3.
LATE COMMUNICATIONS ANNOUNCED BY THE CITY CLERK
Pursuant to the Brown (Open Meetings) Act, the City Clerk Brockway announced the following
late communications regarding Agenda Items which had been received following distribution of
the agenda:
Joint Slide Report from the Fire Chief and Public Works Director titled El Nino Preparedness.
Also a Public Works Department document titled The El Nino Report
Revised Page No. 5 from the City Clerk's Office changing Resolution No. 97-70 to Resolution
No. 97-68
Slide report from Community Development Director dated October 6, 1997 regarding the
McDonnell Douglas Master Plan
Opinion from the City Attorney dated December 8, 1995 regarding Traffic Impact Fee
Reimbursements to Seacliff Partners
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Communication from Dave Bartlett, D. Bartlett & Associates dated October 6, 1997 making
suggestions for modifications and clarifications to the McDonnell Center Business Park
Specific Plan
Slide report from the Community Development Director dated October 6, 1997 regarding Sign
Code Rewrite- Zoning Text Amendment No. 95-6
Communication from the Economic Development Director dated October 6, 1997
recommending continuance the Zeidan OPA Amendment to October 20, 1997
Slide report from the Community Development Director dated October 6, 1997 regarding East
Garden Grove Wintersburg (EGGW) Flood Control Channel
CITY ADMINISTRATOR UBERUAGA ACCEPTS POSITION OF SAN DIEGO CITY MANAGER
Mayor Bauer announced that City Administrator Uberuaga has accepted employment as the
City Manager for the City of San Diego effective November 1, 1997.
City Administrator Uberuaga spoke regarding how very much he has enjoyed working for the
City of Huntington Beach. He informed the Council and audience that he believes his praise
from the City of Huntington Beach helped him to get his new position.
Mayor Bauer reported that Ray Silver, Assistant City Administrator has been appointed Acting
City Administrator. Mayor Bauer announced that the city will be undertaking a search for the
replacement of City Administrator Uberuaga.
Mayor Bauer announced that a new procedure is being instituted whereby there is a ceremony
that will be conducted which is called the Mayor's Award. Mayor Bauer informed the Council
and audience that it is his great pleasure that the first recipient of the Mayor's Award is City
Administrator Uberuaga. Mayor Bauer informed the Council, staff, and audience that he
believes City Administrator Uberuaga is the finest City Administrator in the State of California.
City Administrator Michael Uberuaga expressed his deep appreciation to all.
PRESENTATION - To Mayor Bauer, City Council, and Police Chief Ron Lowenberg of a
Proclamation of Appreciation for all the support the Huntington Beach Police Department
contributes to the Interval House Crisis Shelters.
PRESENTATION - To Mayor Bauer, City Council, and Bob Franz, Deputy City
Administrator -Administrative Services Director, by the Government Finance Officers'
Association (GFOA) of the United States, of a plaque for Distinguished Budget Presentation.
PRESENTATION - By Mayor Bauer and the City Council to Evelyn Huang, Marina High
School, of a Commendation recognizing her achievement as winner of the California Junior
Miss Title.
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PRESENTATION - By Mayor Bauer and the City Council to Pete Snetsinger, teacher, Marina
High School, of a commendation in recognition of his selection by the National Council for
Social Studies as one of the nation's Outstanding Secondary Social Studies Teachers.
PRESENTATION - Presentation by the Veterans of Foreign Wars Post 7368 to city employees,
Eric Charlonne, Civil Engineer Assistant; Chuck Davis, Landscape Architect; Jennifer McGrath,
Deputy City Attorney; and Brian Smith, Management Assistant; acknowledging their efforts in
the development and installation of the Veterans Memorial located at the Huntington Beach
Civic Center.
PUBLIC COMMENTS
DENNIS DAVENPORT, Member of National Rifle Association Members Council —Huntington
Beach, spoke in support of the agenda item relative to the proposed consultant agreement for
preparation of studies on the Huntington Central Park Sports Complex and Gun Range
scheduled later on the agenda.
JERRY DOMINQUEZ, representing Southern California Edison Company requested another
opportunity to review the proposed ordinance on the agenda relative to collection of utility
taxes. He stated that he would like to meet with city staff in order to get the percentage rate
for penalty for the utility tax collection reduced. Mr. Dominquez informed Council that he
believes the appeal process should allow the appellant to proceed to the City Council rather
than through the City Administrator. He informed Council that he believes the procedure for
recording the date received should be studied as the proposed procedure refers to a consumer
and the utility companies are collectors.
BOB KAKUK extended his appreciation to the City Council for supporting all the veterans'
efforts to get the Veteran's Memorial built. He named the many people who made it possible
for the city to build the Veteran's Memorial.
MONA FINE, Village Court Homeowners' Association representative, expressed
her satisfaction with the city employees and City Council for assistance rendered regarding the
problems on Main Street, affecting her neighborhood which she had brought to the Council's
attention at the September 15, 1997 Council meeting. She also extended her appreciation to
the project developer of (Cannes Pointe) Mr. Mark Jacobs.
CHARLES WOLTER spoke regarding the Planning Commission's decision regarding the
proposed minimart and gas station at Goldenwest Street and Pacific Coast Highway. He
stated his hope that the City Council will also vote against the project.
JANELLE MARKS spoke regarding the reconsideration of the City Council's denial on
September 15, 1997, of the appeal of the Planning Commission denial of Conditional Use
Permit No. 96-79 and Variance No. 96-27—Jockey Circle, which has been placed on the
agenda by Mayor Bauer. She informed Council that she believes conditions should be
included that it be returned to the Planning Commission and a review be allowed by the
Homeowners' Association.
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ANNE SPIEGEL distributed a communication to the City Council dated October 1, 1997 -
Subject: Request for lower speed limits on Heil Avenue to 25 miles per hour from Saybrook to
Newland - the "kid friendly" town. She stated that she had written this letter on behalf of all
the residents and students for a lower speed limit and signs on Heil Avenue between Saybrook
and Newland. She questioned whether any thought had been given to the four schools and
park and the great number of residents of that area. Ms. Spiegel stated the need to act
regarding the problem.
Councilmember Garofalo stated that his father was killed on this street as a pedestrian a few
years ago. He requested Police Chief Lowenberg to return to Council with a justification for
the apparent proposed speed limit increase on this street. Police Chief Lowenberg stated that
his department would work with the Traffic Engineering Department.
JAMES CASEY spoke regarding the agenda item scheduled later in the meeting regarding
additional funding for possible El Nino storms. He stated the city has serious flood problems
which must be looked at. He spoke regarding the flooding caused near Carr Park which could
be simply solved. Mr. Casey spoke regarding the need for money for flood control.
LOU BANAS representing General Telephone Company (GTE), spoke regarding the agenda
item regarding the penalty for late collection of utility users tax. He informed Council since the
return of the item from a previous Council meeting it has been made more restrictive. He
presented further reasons for his opposition to the ordinance.
HOWARD SUBNICK spoke regarding the all time low in city employee moral which is caused
by talk relative to city employees salaries. He spoke regarding the trash accumulating in the
downtown area and questioned why the city is not using court labor to clean it up.
Mayor Bauer requested a report from City Administrator Uberuaga on this issue.
JAY STERN resident of Village Court, spoke regarding the item on the agenda submitted by
Councilmember Garofalo relative to a proposal for the vacation of the end of Huntington Street
at Main Street. He spoke regarding the fact that a double line must be crossed coming out of
the Delaware Street exit to access Trader Joe's and questioned if the lines can be changed.
He spoke regarding what he believes to be erroneous information given at the last meeting on
the subject of Huntington Street. He requested that action be taken to break the 3-3 tie vote of
Council and get back their street.
Police Chief Lowenberg stated that a single double yellow line is legal to cross, however not a
double, double yellow which is like a raised median and is not legal to cross. Mayor Bauer
requested that contact be made with Mr. Stern to clarify this matter.
INEZ NEUENFELD resident of Village Court, stated her purpose of attending the meeting
tonight is to voice her concerns for the safety of residents and visitors alike, whether they are
walking, jogging, biking or driving; that there are dramatic changes taking place daily in the city
particularly along Main Street with the development in progress today. Ms. Neuenfeld stated
that residents have to rely on the City Council and the city employees to make sound
judgments to benefit the majority of the residents. She requested that all aspects of safety be
looked at when making decisions that affect any resident. She requested that concern be
given for the quality of life for today, tomorrow and the distant future for the visitors and
residents of the city.
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(CITY COUNCIL) PUBLIC HEARING - RESOLUTION NO. 97-68 - ADOPTED - AMENDS THE
CITY FEE SCHEDULE BY AMENDING COMMUNITY SERVICES DEPARTMENT FEES AND
APPROVAL OF INTRODUCTION OF ORDINANCE NO. 3374 ESTABLISHING PARKING
METER ZONES AND FEES
Mayor Bauer announced that this was the meeting set for a public hearing to consider
amending the Community Services fee resolution by amending various fees for equipment
rental, classes, camping in Huntington Central Park, adult and youth sports, beach and Main
Promenade parking passes, and filming by local production companies. In addition, a new
ordinance is being recommended to establish parking meter zones and fees to reimburse the
city for costs of beach services that were previously in resolution form.
City Clerk Brockway announced that the following communication had been provided to the
City Council:
Revised Page No. 5 from the City Clerk's Office changing Resolution No. 97-70 to
Resolution No. 97-68
Legal notice as provided by the Community Services Department to the City Clerk's Office
had been mailed, published and posted.
Community Services Director Hagan presented a staff report.
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 Green, second Dettloff to approve the following action:
1. Adopt Resolution No. 97-68 - "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 Services Offered Under the
Community Services Department. (Supplemental Fee Resolution No. 61." Establishing the
1997/98 fee schedule for the Community Services Department programs and activities.
and
2. Following a reading by title by the City Clerk, approve introduction of Ordinance No. 3374
establishing parking meter zones and fees - "An Ordinance of the City of Huntington Beach
Amending Section 10.60 Pertaining To The Prescribed Times And Coins For Parking And The
Rate Of Fees Thereto."
The motion carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
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(CITY COUNCIL) PUBLIC HEARING - APPROVED ADOPTION OF RESOLUTION NO. 97-69
AND APPROVED INTRODUCTION OF ORDINANCE NO. 3372 - ZONING TEXT AMENDMENT
NO. 96-1 - ZONING MAP AMENDMENT NO. 96-6 - ENVIRONMENTAL IMPACT REPORT
NO. 96-1 - MCDONNELL CENTRE BUSINESS PARK SPECIFIC PLAN NO. 11 - (307 ACRE
SITE) - BOUNDED BY RANCHO ROAD/U S NAVY SPUR TRACK - SPRINGDALE STREET -
BOLSA AVENUE - BOLSA CHICA STREET
Mayor Bauer announced that this was the meeting set for a public hearing to consider the
following:
Applicant: McDonnell Douglas Realty Company, Stephen J. Barker, Director of Business
Operations.
Request: Master plan the 307 acre site by developing a specific plan to establish the planning
concept, design and architectural theme, development regulations, infrastructure needs and
administrative procedures necessary to achieve an orderly and compatible industrial park. The
specific plan shall implement the goals and policies of the Huntington Beach General Plan.
With the adoption of the specific plan, all future development consistent with the specific plan
shall be pre -entitled and subject only to review and approval by the Community Development
Director.
Zoning Map Amendment No. 96-6: To amend Sectional District Map No. 9-5-11 by changing
the zoning map designations on the 307 acre site from Limited Industrial (IL) and Limited
Industrial -High Rise Overlay (IL-H) to McDonnell Centre Business Park Specific Plan No. 11.
Zoning Text Amendment: To amend the Huntington Beach Zoning and Subdivision
Ordinance by adding the McDonnell Centre Business Park Specific Plan No. 11. The
specific plan shall be the zoning for the 307 acre site and include the development regulations,
design and architectural guidelines, and administrative procedures to implement the general
plan designation of Industrial General. The specific plan will allow for the continued operation
and expansion of the aerospace facility and the development of manufacturing, warehouse,
office, research and development and commercial uses.
Environmental Status: Environmental Impact Report No. 96-1 addresses potential
environmental impacts associated with the Zoning Text Amendment and Zoning Map
Amendments to allow for adoption of the McDonnell Centre Business Park Specific Plan
No. 11. The Environmental Impact Report has been prepared in compliance with the
California Environmental Quality Act.
Location: The 307 acre site is generally bounded by Rancho Road and the U.S. Navy
Spur Track on the north, Springdale Street on the east, Bolsa Avenue on the south, and Bolsa
Chica Street on the west.
Legal notice as provided by the Community Services Department to the City Clerk's Office
had been mailed, published and posted.
Community Development Director Fallon presented a staff report which covered the history of
the matter.
Herb Fauland, Senior Planner, presented a staff report.
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Discussion was held by Council and staff regarding issues including traffic impact fee
ordinance; the statement of overriding consideration, and mitigation measures.
Traffic Engineer Otterson responded to questions by Council.
City Attorney Hutton reported on the traffic impact fee ordinance and the late communication
she had provided to Council dated December 8, 1995 regarding the traffic impact fee
reimbursement to Seacliff Partners.
Mayor Bauer declared the public hearing open.
City Clerk Brockway announced that the following communications had been provided to the
City Council:
Slide report from Community Development Director dated October 6, 1997 regarding the
McDonnell Douglas Master Plan
Opinion from the City Attorney dated December 8, 1995 regarding Traffic Impact Fee
Reimbursements to Seacliff Partners
Communication from Dave Bartlett, D. Bartlett & Associates dated October 6, 1997 making
suggestions for modifications and clarifications to the McDonnell Center Business Park
Specific Plan
Steve Barker, representing Boeing Realty Corporation, stated he wished to discuss the project
from how, what and why in order to cover the process followed. He stated that he wishes to
tell the city that public and private partnership does exist and that this project is an example.
He spoke regarding the contribution of vision by Community Development Director Melanie
Fallon, Senior Planner Herb Fauland, Assistant City Administrator Ray Silver, City
Administrator Michael Uberuaga, Dave Webb, Principal Engineer and Planning Director
Howard Zelefsky which made this project work.
There being no one further to speak on the matter and there being no protests filed, either oral
or written, the hearing was closed by Mayor Bauer.
Councilmember Harman asked staff to comment on the communication received from Dave
Bartlett, D. Bartlett and Associates dated October 6, 1997 which had been announced by the
City Clerk and distributed to Council. Senior Planner Fauland reported on Mr. Barlett's letter.
City Engineer Eichblatt reported on traffic impact fee issues raised up by Councilmember
Harman.
Request For Report Regarding: Funds Received From Traffic Improvement Fee
Councilmember Harman requested that the overall issue of traffic improvement fee and
prioritization of where the money goes in the city be reported upon.
A motion was made by Garofalo, second Green to approve the following actions:
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Certify Environmental Impact Report No. 96-1 as adequate and complete in accordance with
California Environmental Quality Act requirements with a Statement of Overriding
Considerations by adoption of Resolution No. 97-69 Attachment No. 6 to the Request for
Council Action dated October 6, 1997 - "A Resolution of the City Council of the City of
Huntington Beach Certifying Environmental Impact Report 96-1 for the Proposed McDonnell
Centre Business Park Specific Plan Generally Bounded by Rancho Road and the U.S. Navy
Spur Track on the North, Springdale Street on the East, Bolsa Avenue on the South and Bolsa
Chica on the West."
and
Approve Zoning Text Amendment No. 96-1 and Zoning Map Amendment No. 96-6 as
amended with Findings as listed in Attachment No. 1 by approving introduction of Ordinance
No. 3372 Attachment No. 9 following a reading by title by City Clerk Brockway - "An Ordinance
of the City of Huntington Beach Amending the Huntington Beach Zoning and subdivision
Ordinance by Adopting the McDonnell Centre Business Park Specific Plan No. 11 and
Changing the zoning Designation from Limited Industrial (IL) and Limited Industrial -High Rise
Overlay (IL-H) to McDonnell Centre Business Park Specific Plan No. 11 for the Area Generally
Bounded by Rancho Road, Springdale Street, Bolsa Avenue, and Bolsa Chica Road in the
City of Huntington Beach (ZMA No. 96-6; ZTA No. 96-1)
Councilmember Sullivan requested that the Public Works Commission be involved in the traffic
fee study.
The motion made by Garofalo, second Green carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) PUBLIC HEARING RE: POLITICAL SIGN PROVISIONS PORTION OF
PROPOSED ORDINANCE NO. 3360 - INTRODUCTION APPROVED AS AMENDED -
ZONING TEXT AMENDMENT NO. 95-6 - SIGN CODE REWRITE (420.35)
Mayor Bauer announced that this was the meeting set for a public hearing to revisit the political signs
provisions portion of proposed Ordinance No. 3360.
Applicant: City of Huntington Beach
Request: To revisit the political signs provisions included in the comprehensive Sign Code
Amendment to Chapter 233, Signs, of the Huntington Beach Zoning and Subdivision
Ordinance.
Location: City-wide.
Proposed Straw Votes For Consideration By Council
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Proposed Straw Vote Action No. 1 (Time Restrictions for Political Signs - Section 233.08M.):
a. Approve the deletion of any reference to time limitations imposed upon political signs on
public or private property," (Planning Commission, Staff and City Attorney's recommendation).
or
b. Move to amend Ordinance No. 3360 to retain time restrictions for political signs on public
and private property with modified language specifying that political signs not be erected more
than 75 days prior to an election, nor remain more than 15 days after the election (90 days
total).
Proposed Straw Vote Action No. 2 (Political signs within the Public Right -Of -way - Section
233.10M.)
a. Approve the proposed restriction of all signs including political signs on public property and
within the public right-of-way except for those required by law. (Planning Commission
recommendation);
or
b. Move to amend Ordinance No. 3360 to allow political signs only within the public right-of-
way at the same locations open house signs are permitted." (Staff and City Attorney's
recommendation);
or
c. Move to amend Ordinance No. 3360 to allow political signs within the public right-of-way at
locations specified by the City Council.
Legal notice as provided by the Community Development Department to the City Clerk's
Office had been mailed, published and posted.
Community Development Director Fallon presented a staff report. She referred to the City
Attorney's opinion relative to political signs. She stated that the reason for her change of
recommendation is because the real estate provision of the ordinance is causing a dilemma.
Councilmember Sullivan spoke regarding the issue of bonus signs. Staff presented slides
depicting bonus signs. Councilmember Sullivan read a letter regarding the issue of internally
illuminated signs in industrial centers.
Councilmember Garofalo stated that he believes no signs should be allowed in the public right
of way except directional signs.
Mayor Pro Tern Dettloff stated that she believes it is important that the code prohibit signs in
the median strips.
Mayor Bauer declared the public hearing open.
City Clerk Brockway announced that the following communication had been provided to the
City Council:
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Slide report from the Community Development Director dated October 6, 1997 regarding Sign
Code Rewrite- Zoning Text Amendment No. 95-6
JUDY LEGAN, Orange County Association of Realtors, stated her concern regarding the
proposed ordinance as she believes it will adversely impact real estate signs. She
recommended that the public hearing be continued until this issue can be resolved.
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.
A straw motion was made by Green, second Garofalo that internally illuminated signs be
removed from the proposed ordinance; that other than the six streets (Edinger-Warner-
Goldenwest-Beach-Adams-Brookhurst) bonus signs not be allowed. The motion carried by the
following straw vote:
AYES:
Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES:
None
ABSENT:
None
A straw motion was made by Garofalo, second Green to disallow all signs in the public right of
way except directional signs, and to keep "content neutral'.
Considerable discussion was held regarding the political signs issue portion of the proposed
ordinance.
A straw vote was taken on the motion made by Garofalo, second Green and failed by the
following roll call vote:
AYES: Green, Garofalo
NOES: Julien, Harman, Dettloff, Bauer, Sullivan
ABSENT: None
A straw motion was made by Dettloff, second Bauer to direct staff to prepare an ordinance to
disallow any signs in the median strip. The motion carried by the following roll call straw vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan,
NOES: Green
ABSENT: (Garofalo absent from room)
It was determined that on October 20, 1997 staff would present the ordinance as amended by
the straw votes approved at this meeting.
(CITY COUNCIL) DEVELOPMENT OF CITY COUNCIL POLICY REGARDING PUBLIC
RECORDS ACT REQUEST FOR DISCLOSURE BY NAMED EMPLOYEE OF EMPLOYEES
SALARIES AND FORMULATION OF A CITY POLICY
Mayor Bauer announced that this was the meeting set for a public hearing to receive
community input and adopt a formal policy regarding the disclosure of employee salaries and
related benefit costs.
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City Administrator Uberuaga stated that a report would be presented by City Attorney Hutton.
City Attorney Hutton reported. She presented Council with options regarding the issue. City
Attorney Hutton referred to a past court case on this issue. She stated that this request is
being made of all cities in Orange County.
Considerable discussion was held between the Councilmembers and City Attorney.
Mayor Bauer declared the public hearing open.
TOM LOGAN, representing Citizens Bureau of Investigation, spoke regarding his
organization's long involvement with the city employment compensation process. He
commended the Council, City Administrator Uberuaga and City Attorney Hutton for placing this
item on the agenda. He requested that Council follow the example of the City of Anaheim on
this matter and described that city's process.
JAMES BRIDGES, Executive Director of the Citizens Bureau of Investigation, spoke regarding
his efforts to obtain this information and the reasons the names are needed.
There being no one further 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 Harman, second Dettloff that Council take no action on the matter.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Garofalo
NOES: Sullivan, Green
ABSENT: None
CONSENT CALENDAR - ITEMS REMOVED FROM AGENDA
City Administrator Uberuaga requested that the item regarding First amendment to Owner
Participation Agreement (OPA) - regarding: Insurance 126 Main Street (Standard Market) -
Mohammed & Adel Zeidan be removed from the consent calendar for return to Council at a
later date.
CONSENT CALENDAR - ITEMS REMOVED BY COUNCILMEMBERS FOR SEPARATE
CONSIDERATION
The following items were requested by Councilmembers to be removed from the Consent
Calendar for separate consideration:
Approval of concept of a Corporate Sponsorship Program as funding source for Public
Facilities and to authorize staff to solicit requests for qualifications
Resolution no. 97-71 - requesting Cal -Trans approval of closure of Pacific Coast Highway for
the Huntington Beach Pacific Shoreline Marathon - Half Marathon - 10k/5k run on
January 25, 1998
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Forgiveness of principal and interest for Affordable Housing Loan - 725-733 Utica Avenue,
Associates Nine
Approval of Public Facilities Corporation (PFC) Fund Transfer to Library Services Fund
CONSENT CALENDAR - ITEMS APPROVED
On motion by Garofalo, second Sullivan, Council approved the following Consent Calendar
items as recommended by the following roll call vote:
AYES:
Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES:
None
ABSENT:
None
(CITY COUNCIL/REDEVELOPMENT AGENCY) MINUTES - APPROVED - Approved and
adopted the minutes of the City Council/Redevelopment Agency adjourned regular meeting of
August 25, 1997, regular meeting of September 2, 1997 and corrected Page Nos. 12, 13, and
14 of the regular meeting of July 21, 1997 as written and on file in the Office of the City Clerk.
(CITY COUNCIL) (DEFERRED FROM SEPTEMBER 15, 1997) - APPROVAL OF ESCROW
AGREEMENT BETWEEN CITY AND VALLEY CREST LANDSCAPE, INC., AND WELLS
FARGO BANK - PIER PLAZA PROJECT - CC-1029 APPROVED (600.80) - 1. Approved the
attached Escrow Agreement for Security Deposits In Lieu of Retention between the City of
Huntington Beach, Valley Crest Landscape and Wells Fargo Bank, Woodland Hills, and
2. Authorized the Mayor and City Clerk to execute said Agreement on behalf of the city.
(CITY COUNCIL) RECEIVED AND FILED ESTOPPEL CERTIFICATE ON BEHALF OF THE
CITY OF HUNTINGTON BEACH - REGARDING DEVELOPMENT AGREEMENT NO. 90-1;
MISCELLANEOUS PROPERTY - PLC/MS VICKERS - HOLLY-SEACLIFF DEVELOPMENT
AGREEMENT AREA - Received and directed the City Clerk to file the Estoppel Certificate
dated March 26, 1996, on Holly-Seacliff Development Agreement No. 90-1. (This document
includes that the City understands that PLC & MS Vickers II, LLC will be relying upon it in
connection with their potential purchase of the Developer's interest in the Project.)
(CITY COUNCIL) APPOINTMENT OF FIRE CHIEF TO THE ORANGE COUNTY CITY
HAZARDOUS MATERIALS EMERGENCY RESPONSE JOINT POWERS AUTHORITY AND
APPOINTMENT OF DIVISION CHIEF OF OPERATIONS AS ALTERNATE - APPROVED -
Appointed Fire Chief Michael Dolder as the City's Board Member to the Orange County City
Hazardous Materials Emergency Response Joint Powers Authority for Fiscal Year 1997/98 and
Division Chief of Operations Charles Reynolds as the City's Alternate Board Member.
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(CITY COUNCIL) APPROVED ESCROW AGREEMENT - FLOUNDER PUMP STATION
UPGRADE PROJECT - CC-742 FLOUNDER STREET AND SALMON STREET - Approved
the attached Escrow Agreement for Security Deposits In Lieu of Retention between the City of
Huntington Beach, ARA Engineering Contractor and Union Bank of California, North Mission
Viejo; and authorized the Mayor and City Clerk to execute same.
(CITY COUNCIL) APPROVED ANIMAL CONTROL AND SHELTER SERVICES AGREEMENT
WITH THE COUNTY OF ORANGE FOR FISCAL YEAR 1997198 - Approved the Agreement for
Animal Control and Shelter Services with the County of Orange and directed the Mayor and
City Clerk to execute the agreement.
(CITY COUNCIL) APPROVED AMENDMENT NO. 1 TO AGREEMENT WITH ENGINEERING
RESOURCES, INC. TO PERFORM PUBLIC WORKS ENGINEERING, DEVELOPMENT
PROCESSING AND INSPECTION SERVICES - 1. Approved Amendment No. 1 to Agreement
between the City of Huntington Beach and Engineering Resources Inc. for Plan Checking and
Development Processing to provide an additional $865,000 for development processing,
engineering project delivery facilitation, environmental document review and construction
inspection services for proposed private and public facilities on a time and material basis. The
new compensation cap will not exceed $1,514,500; and 2. Continued to accept the current
and approved Insurance and Letter of Credit (covering the deductible) that accompanies the
current contract; and 3. Instructed the Finance Division to open another Purchase Order for
$865,000 to fund the Engineering Resources Contract ($650,000 from account E-AA-PW-41 1 -
3-90-00 and $215,000 from Account No. E-EW-PW-921-3-90-00).
(CITY COUNCIL) APPROVED THE SUBSTITUTION OF BONDS AND SUBDIVISION
AGREEMENT - TRACT NO. 14980 - FROM PLC LAND COMPANY TO ANNANDALE
ASSOCIATES, L.P. - (HOLLY-SEACLIFF DEVELOPMENT AGREEMENT AREA) EAST OF
GOLDENWEST STREET - SOUTH OF ELLIS - NORTH OF ERNEST AVENUE - 1. Released
PLC Land Company Subdivision Agreement And Bond Nos. 3SM89012400 and
3SM88987900, the securities furnished for Faithful Performance, Labor & Material, and
Monuments respectively; 2. Accepted Annandale Associates, L.P. Subdivision Agreement and
Bond Nos. 1558120, 1558121, (Insurance Company of the West) the securities furnished for
Faithful Performance, Labor & Materials, and Monuments respectively, and approved and
authorized execution by the Mayor and City Clerk of the Subdivision Agreement and filed the
bonds with the City Treasurer; and 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) APPROVED AMENDMENT NO. 3 TO THE CONTRACT WITH EDAW, INC.
AND APPROVED AMENDMENT NO. 3 TO THE REIMBURSEMENT AGREEMENT WITH
MCDONNELL DOUGLAS REALTY COMPANY FOR PREPARATION OF THE MCDONNELL
CENTRE BUSINESS PARK SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT -
1. Approved and authorized execution by the Mayor and City Clerk of Amendment No. 3 to
Professional Services Agreement between the City of Huntington Beach and EDAW, Inc. for
Planning Consulting Services for the Preparation of the McDonnell Centre Business Park
Specific Plan and Environmental Impact Report, for a total contract fee not to exceed
$303,099; and 2. Approved and authorized execution by the Mayor and City Clerk of
Amendment No. 3 to Specific Plan and Environmental Agreement between the City of
Huntington Beach and McDonnell Douglas Realty Company.
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(CITY COUNCIL) RESOLUTION NO. 97-72 - ADOPTED - REQUEST TO VACATE A
WALKWAY EASEMENT AT THE TERMINUS OF ARAGON CIRCLE (LEADING FROM
ARAGON CIRCLE TO WARD STREET AND YORKTOWN AVENUE) - Adopted Resolution
No. 97-72 - "A Resolution of the City Council of the City of Huntington Beach Ordering the
Summary Vacation of a Walkway Right -Of -Way Located at the Terminus of Aragon Circle at
Yorktown Avenue and Ward Street." (Summarily vacate the 10.00 foot walkway easement as
shown on Tract No. 4880.)
(CITY COUNCIL) APPROVED SELECTION OF ENGINEERING CONSULTANT - BLACK AND
VEATCH - FOR WATER WELL SITE/CHLORINE ROOM MODIFICATIONS 1. Approved the
selection of Black & Veatch to provide Professional Consulting Services for the Chlorination
Room Modifications for $19,970; and 2. Approved and authorized the Mayor and City Clerk to
execute The Professional Services Contract between the City of Huntington Beach and Black
& Veatch for Evaluation of Alternative Chlorination Methods and Development of
Recommendations for Chlorine Room Modifications for Water Wells for a fee of $19, 970.
(CITY COUNCIL) APPROVED CONTRACT WITH EMPLOYMENT SYSTEMS INCORPORATED
FOR AMBULANCE OPERATOR/FIRE INTERN - Approved and authorized the Mayor and City
Clerk to execute the Agreement between the City of Huntington Beach and Employment Systems,
Inc. to Supply Personnel to the City.
(CITY COUNCIL) APPROVED THE SUBSTITUTION OF BONDS AND SUBDIVISION
AGREEMENT FOR TRACT NOS. 14659 AND 14978 (SHERWOOD) FROM PLC LAND
COMPANY TO LYON SHORES #116, L.P. (HOLLY-SEACLIFF DEVELOPMENT
AGREEMENT AREA) - 1. Released PLC Land Company's Subdivision Agreement and Bond
Nos. 3SM89012300, 3SM88988100 (Tract No. 14659), the securities furnished for Faithful
Performance, Labor & Material, and Monuments respectively; 2. Released PLC Land
Company's Subdivision Agreement and Bond Nos. 3SM89012100, 3SM88987800 (Tract
No. 14978), the securities furnished for Faithful Performance, Labor & Material, and
Monuments respectively; 3. Accepted Lyon Shores #116, L..P. Subdivision Agreement and
Bond Nos. 3SM90898800 and 3SM90898900 (American Motorists Insurance Company) (Tract
No. 14659) the securities furnished for Faithful Performance, Labor & Material, and Monuments
respectively, and approved and authorized execution by the Mayor and City Clerk of the
Subdivision Agreement and directed the Bonds be filed with the City Treasurer; and
4. Accepted Lyon Shores #116, L.P. Subdivision Agreement and Bond Nos. 3SM90899000
and 3SM90899100 (American Motorists Insurance) (Tract 14978), the securities furnished for
Faithful Performance, Labor & Material, and Monuments respectively, and approved and
authorized execution by the Mayor and City Clerk of the Subdivision Agreement and directed
the Bonds be filed with the City Treasurer; and, 5. Instructed the City Clerk to notify the
previous developer, PLC Land Company of this action.
(CITY COUNCIL) AUTHORIZED THE PUBLIC WORKS DIRECTOR TO SIGN SOUTHERN
CALIFORNIA EDISON LETTER OF APPROVAL - TO HANG BANNERS ON BEACH
BOULEVARD FROM EDINGER AVENUE TO ADAMS AVENUE - Authorized the Public Works
Director to sign the Southern California Edison letter dated August 25, 1997 regarding the use
of Southern California Edison street light poles for decorative banners.
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(CITY COUNCIL) ACCEPTED AGREEMENT REGARDING: THREE AFFORDABLE HOUSING
UNITS FROM BRIDGES AMERICA FOUNDATION INC., FOR A TERM OF 30 YEARS -
APPROVED AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY
(CDBG PROGRAM) - 7611 NICHOLS STREET - 1. Accepted the Agreement Containing
Covenants Affecting Real Property located at 7611 Nichols Street in Huntington Beach to
restrict three units for lower (CDBG) income (80% of Orange County median) families for a
period of 30 years. 2. Approved and directed the Mayor and City Clerk to execute this
agreement and restrictive Covenants when signed by Bridges America Foundation and
notarized, then record with the County Recorder.
(CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 15355 OF TENTATIVE TRACT MAP
NO. 15355 WITH BONDS AND AGREEMENTS - ST. AUGUSTINE SUBDIVISION - OC
VENTURES II, INC. - SOUTH EAST CORNER OF SEAPOINTE STREET AND GARFIELD
AVENUE - 1. Approved Final Tract Map No. 15355 and accepted the offer of dedication and
improvements and bonds pursuant to Findings and Requirements listed in Attachment No. 1 to
the Request for Council Action dated October 6, 1997; and 2. Approved Subdivision
Agreement by and between the City of Huntington Beach and OC Ventures 11, Inc. for Tract
No. 15355 and authorized execution by the Mayor and City Clerk.
(CITY COUNCIL) APPROVED CONCEPT OF A CORPORATE SPONSORSHIP PROGRAM AS
FUNDING SOURCE FOR PUBLIC FACILITIES AND AUTHORIZED STAFF TO SOLICIT
REQUESTS FOR QUALIFICATIONS
The City Council considered a communication from Community Services Director Hagan and
Public Works Director Jones requesting approval of the concept of a corporate sponsorship
program as a funding source for public facilities.
A motion was made by Sullivan, second Julien to approve the following action:
1. Approve the concept of a Corporate Sponsorship Program as a funding source for public
facilities; and 2. Authorize staff to solicit requests for qualifications for an agent to represent the
city in negotiating Corporate Sponsorship contracts and that this item be returned to Council
prior to hiring the firm.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo
NOES: None
ABSENT: None (Green out of room)
(CITY COUNCIL) RESOLUTION NO. 97-71 - ADOPTED - REQUESTING CAL -TRANS
APPROVAL OF CLOSURE OF PACIFIC COAST HIGHWAY FOR THE HUNTINGTON BEACH
PACIFIC SHORELINE MARATHON - HALF MARATHON - 10K/5K RUN ON JANUARY 25,
1998
The City Council considered Resolution No. 97-71 requesting a temporary closure of Pacific
Coast Highway on January 25, 1998 for the Huntington Beach Pacific Shoreline Marathon, half
marathon run.
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Councilmember Sullivan stated that he is looking forward to the day when this event will be
televised; that he hopes to see progress made in the advertising of this event.
Community Services Director Hagan confirmed that charities will be receiving part of the
proceeds; that the charities selected would be charities that are providing volunteers for the
event.
A motion was made by Sullivan, second Garofalo to adopt Resolution No. 97-71 - "A
Resolution of the City Council of the City of Huntington Beach Requesting Cal Trans Approve
the Closing of Pacific Coast Highway for the Huntington Beach Pacific Shoreline Marathon
Run." requesting temporary closure of Pacific Coast Highway on January 25, 1998, for the
Huntington Beach Pacific Shoreline Marathon, Half Marathon, 10K/5K Run.
The motion carried by the following roll call vote:
AYES:
Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES:
None
ABSENT:
None
(REDEVELOPMENT AGENCY) AUTHORIZED FORGIVENESS OF PRINCIPAL AND
INTEREST FOR AFFORDABLE HOUSING LOAN AGREEMENT - 725-733 UTICA AVENUE
(ASSOCIATES NINE) - APPROVED
The City Council considered a communication from Economic Development Director Biggs
recommending that Council forgive principal and interest for the Affordable Housing Loan to
Associates Nine - Utica Avenue.
Councilmember Garofalo presented questions regarding the reasons for subsidizing the loan.
He stated that the city should derive something from the subsidy.
A motion was made by Garofalo, second Sullivan to authorize the Economic Development
Director to provide written confirmation of the Forgiveness of 3/30 (5/2/94-5/2/97) of the
Affordable Housing Loan to the owners of 725-733 Utica Avenue, a 36-unit affordable housing
complex.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) APPROVED PUBLIC FACILITIES CORPORATION (PFC) FUND
TRANSFER TO LIBRARY SERVICES FUND
The City Council considered a communication Library Services Director Hayden
recommending that Council approve a fund transfer from the Public Facilities Corporation to
the Library Services Fund.
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Councilmember Garofalo stated that he believes the persons who have served on this
organization should receive recognition. Deputy City Administrator Franz informed Council
that such recognition is planned.
A motion was made by Garofalo, second Green to approve the transfer from the General Fund
(RAA903) of all excess funds derived from the Public Facilities Corporation to the Library
Services Fund (Account No. 390440) to be used for library maintenance. The motion carried
by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) - APPROVED REQUEST FOR ADDITIONAL FUNDING IN PREPARATION
FOR POSSIBLE EL NINO STORMS - TRANSFER OF FUNDS
The City Council considered a communication from the Public Works Director Jones regarding
a request for additional funding in preparation for possible El Nino storms. (For sand,
automatic sandbagger, rental of alpha numeric pagers, mobile pumping unit, Lark Lane/Trophy
Drain interim drainage facility, and Gregory Lane Storm Channel Repairs.)
Public Works Director Jones presented a slide report. In response to Mayor Pro Tern Dettloff,
Public Works Director Jones stated that he believes the neighbors are satisfied with the plan;
that he has worked with Mr. Casey who spoke earlier in the meeting. In response to Mayor Pro
Tem Dettloff he stated that the Public Works Department would report to Council regarding the
Slater Avenue Pump Station. In response to Councilmember Harman, Public Works Director
Jones reported on the feasibility of renting a pump.
Don Noble, Maintenance Operations Manager, reported on the problem areas where a pump
must be .used. In response to Councilmember Harman, Public Works Director Jones reported
on Mr. Casey's idea of using Carr Park as a holding area for flood water.
A motion was.made by Harman, second Green to authorize the Finance Director to transfer a
total of $198,205 from the city's unappropriated General Fund balance to the appropriate
Public Works program account.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green,
NOES: None
ABSENT: (Garofalo out of room)
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(CITY COUNCIL) DEFERRED FROM SEPTEMBER 15, 1997 - APPROVED 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)
The City Council considered a communication from Deputy City Administrator -Administrative
Services Director Franz and Community Services Director Hagan regarding proposals obtained
for the purpose of hiring an independent financial consultant to prepare a market analysis and
proforma on the Huntington Central Park Sports Complex and the Gun Range.
Community Services Director Hagan presented a staff report.
A motion was made by Harman, second Julien to approve the following actions:
1. Approve the Agreement Between the City of Huntington Beach and Deloitte & Touche,
L.L.P., for Consulting Services in Connection with a Potential Youth Sports Facility and Gun
Range, in the amount of $47,500 to prepare a Fiscal Feasibility Study on the Huntington
Central Park Sports Complex and Gun Range and authorize execution by the Mayor & City
Clerk; and 2. Approve an Amendment to the current year General Fund Budget by
appropriating $52,250 (contract - $47,500 expense reimbursement $4,750) for the Fiscal
Feasibility Study.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green,
NOES: None
ABSENT: (Garofalo out of room)
(CITY COUNCIL) DEFERRED FROM SEPTEMBER 15, 1997 - APPROVED
ESTABLISHMENT OF THE INTEGRATED INFRASTRUCTURE MANAGEMENT PROGRAM
CITIZEN ADVISORY COMMITTEE FOR THE PURPOSE OF DEVELOPING AND
IMPLEMENTING A COMMUNITY PUBLIC AWARENESS PROGRAM - RECOMMENDED
ACTION APPROVED - APPOINTMENTS TO RETURN TO COUNCIL (120.25)
The City Council considered a communication from Deputy City Administrator -Public
Information Officer Barnard and Public Works Director Jones regarding establishing a Citizen
Advisory Committee for the purpose of developing and implementing the Integrated
Infrastructure Management Program's (IIMP's) Public Awareness Program. This program will
be designed to inform the general public about the IIMP and the financial issues associated
with the program.
City Administrator Uberuaga presented a staff report.
Discussion was held by Council.
A motion was made by Garofalo, second Green to take the following actions:
1. Appoint a 25 member Citizen Advisory Committee comprised of at least the following
organizations, City Commissions and Boards, and local residents, for the purpose of
developing and implementing the Integrated Infrastructure Management Program (IIMP) Public
Awareness Program.
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A. Invite the following 12 organizations to appoint one resident representative to serve on the
Citizen Advisory Committee:
1. Huntington Beach Chamber of Commerce
2. Huntington Beach Tomorrow
3. Orange County Association of Realtors
4. The Boeing Company
5. Public Works Commission
6. City Finance Board
7. School Representative
8. Huntington Beach Community Services Commission
9. Huntington Beach Environmental Board
10. North Huntington Beach Business Association
11. Huntington Beach Planning Commission
12. Council On Aging
and to add additional organizations as follows:
13. North Huntington Beach Business Association
14. Meredith Gardens Homeowners' Association
15. Southeast Huntington Beach Homeowners' Association
16. Huntington Harbour Property Owners' Association
17. FANS (Friends and Neighbors of Seacliff)
18. Downtown Residents' Association
19. Apartment Owners' Association
20. Mobilehome Owners' Association
21. League of Women Voters
22. American Association of University Women
and
B. For each member of the City Council to select one (1) resident to serve on the Citizens
Advisory Committee.
C. For the City Council to select one (1) citizen representative from each of the five
Community Outreach Program Areas. (See Attachment No. 3 (map) to the Request for
Council Action dated October 6, 1997)
and
2. Appoint two City Council Members to be liaisons to the Citizen Advisory Committee.
It was the consensus of Council that appointments would be returned to Council following
consideration by Mayor Bauer.
The motion carried unanimously.
Public Works Director Jones reported on Councilmember Garofalo's comments regarding the
need for expert support in obtaining public relations.
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(CITY COUNCIL) - APPROVED RECOMMENDATION TO SEND A LETTER OF CITY'S
CONCERNS REGARDING EAST GARDEN GROVE WINTERSBURG FLOOD CONTROL
CHANNEL IMPROVEMENTS - THIS ITEM BROUGHT BACK FROM SEPTEMBER 15, 1997
STUDY SESSION - DIRECT THAT LETTERS BE SENT TO APPROPRIATE PARTIES
The City Council considered a communication from Community Development Director Fallon
transmitting Draft Letters from the Mayor to the Bolsa Chica Steering Committee and to the
Orange County Board of Supervisors. These letters identify the city's issues relative to Mayor
Bauer's September 2 1997 agenda item requesting discussion of the East Garden Grove
Wintersburg Flood Control Channel improvements as they pertain to impacts to the Huntington
Harbour and Bolsa Chica wetlands restoration areas. Mayor Bauer's request was submitted in
response to issues raised in the County's Environmental Impact Report (No. 560) on the
EGGW improvement program. The City Council continued the item to a study session on
September 15, 1997 to receive information on the alternative flood control configurations of the
EGGW improvements and identified issues which the Council wanted addressed under any
alternative.
Community Development Director Fallon presented a staff report.
Earlier in the meeting, the City Clerk had announced that the following communications on this
item had been provided to the City Council:
Slide report from the Community Development Director dated October 6, 1997 regarding East
Garden Grove Wintersburg (EGGW) Flood Control Channel
A motion was made by Garofalo, second Green to send a letter to the appropriate County
staff, County decision making bodies, and the Bolsa Chica Steering Committee identifying the
city's concerns and requesting that they be taken into consideration for any flood control
alternative considered for the Bolsa Chica area.
Councilmember Sullivan stated that he believes staff has done a great job in putting the
concerns expressed by Council at the study session into the draft letters.
The motion made by Garofalo, second Green carried unanimously.
(CITY COUNCIL) - APPROVED PROPOSED 1997 TRAFFIC SIGNAL INSTALLATION
MODIFICATION PRIORITY LIST
The City Council considered a communication from Public Works Director Jones transmitting a
proposed 1997 Traffic Signal Installation/Modification Priority List containing a number of
intersections that have been identified as meeting traffic signal warrants for the consideration
of signal installation. Also identified are a number of signalized intersections that have met
warrants for the installation of left turn phasing. It is necessary to decide the order in which
installation and/or modification will be scheduled. To assure that the most critical locations are
installed or modified first, the identified intersections have been prioritized by the Traffic
Engineering Section and approved by the Public Works Commission, by a 5-0 vote at its
August 20, 1997 meeting.
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Public Works Director Jones and Traffic Engineer Otterson presented a staff report which
included the reasons for and benefits of prioritizing traffic signal installations and modifications
as has been done by the Department of Public Works for the last five years. He stated about
three years ago staff started looking at the addition of left turn arrows to traffic signals as part
of the prioritizing process. He referred to a memorandum attached to the staff report dated
June 12, 1995 from Mayor Bauer to Public Works Director Jones regarding his feelings about
the prioritization methodology. In response to Councilmember Sullivan, Traffic Engineer
Otterson reported that to add a left turn signal to an existing signal cost $30,000 and to install
a traffic signal cost $120,000.
A motion was made by Sullivan, second Green to approve the Proposed 1997 Traffic Signal
Installation/Modification Priority List. The motion carried by unanimous vote.
(CITY COUNCIL) DEFERRED FROM SEPTEMBER 15, 1997 - APPROVED 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)
The City Council considered Ordinance No. 3370 - "An Ordinance of the City of Huntington
Beach Amending Chapter 8.44 of the Huntington Beach Municipal Code Pertaining to Vehicles
and Motorcycles, and Definitions Thereof, and the Operation of Motorized Scooter."
Police Chief Lowenberg informed Council of the reasons for the amendment to the ordinance
code.
A motion was made by Green, second Sullivan to approve introduction of Ordinance No. 3370
following a reading by title by the City Clerk.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) CONTINUED FROM SEPTEMBER 15, 1997 - DEFERRED INTRODUCTION
OF ORDINANCE NO. 3371 - PROCEDURES FOR COLLECTION OF UTILITY USERS TAX -
PROPOSED REDUCTION TO LATE PAYMENT PENALTY (640.10)
The City Council considered Ordinance No. 3371 - "An Ordinance of the City of Huntington
Beach Amending Chapter 3.36 of the Huntington Beach Municipal Code Pertaining to the
Collection Procedures for the Utility Users Tax." (Reduces the late payment penalty for utility
tax collections from 15% to 10%.)
Councilmember Garofalo requested appointment to a Council - Utility Company
Representative Committee to be formed to meet regarding problems encountered in the
development of the proposed ordinance.
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A motion was made by Garofalo, second Green to defer introduction of proposed Ordinance
No. 3371 An Ordinance of the City of Huntington Beach Amending Chapter 3.36 of the
Huntington Beach Municipal Code Pertaining to the Collection Procedures for the Utility Users
Tax" to a future meeting to allow the Council Committee composed of Councilmember
Sullivan, Garofalo, to meet with the utility representatives regarding the proposed ordinance.
The motion carried unanimously.
(CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3375 - REVISION OF
PROCUREMENT OF PROFESSIONAL SERVICES ORDINANCE - ORDINANCE NO. 3375
The City Council considered proposed Ordinance No. 3375 which would revise the
procurement of professional services provisions of the Huntington Beach Municipal Code.
Deputy City Administrator -Administrative Services Director Franz presented a staff report.
City Attorney Hutton reported at length on the reasons why her office is not recommending the
development by the City Attorney of a pre -approved standard form contract for professional
services.
Following the report by City Attorney Hutton, City Administrator Uberuaga recommended that a
pre -approved standard form contract not be allowed.
A motion was made by Garofalo, second Green to approve introduction of Ordinance
No. 3375 "An Ordinance of the City of Huntington Beach Amending Chapter 3.03 of the
Huntington Beach Municipal Code Relating to the Procurement of Professional Services"
following the reading by title by the City Clerk.
The motion carried by the following roll call vote:
AYES:
Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES:
None
ABSENT:
None
(CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3373 - AMENDING
HBMC CHAPTER 13.48 PERTAINING TO VEHICLE OPERATION IN PARKS
The City Council considered proposed Ordinance No. 3373 which would amend the
Huntington Beach Municipal Code regarding vehicle operation in parks.
Community Services Director Hagan presented a staff report.
A motion was made by Harman, second Garofalo to approve introduction of Ordinance
No. 3373 "An Ordinance of the City of Huntington Beach Amending Chapter 13.48 of the
Huntington Beach Municipal Code Pertaining to the Operation of Vehicles in City Parks
following the reading by title by the City Clerk.
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The motion carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) APPROVED INTRODUCTION OF ORDINANCE NO. 3376 - AMENDING
HBMC CHAPTER 10.84 PERTAINING TO BICYCLE REGULATIONS
The City Council considered proposed Ordinance No. 3376 pertaining to bicycle regulations.
Police Chief Lowenberg reported that the proposed ordinance would clarify impounding of
vehicles.
A motion was made by Garofalo, second Sullivan to approve introduction of Ordinance
No. 3376 "An Ordinance of the City of Huntington Beach Amending Chapter 10.84 of the
Huntington Beach Municipal Code Relating To Bicycle" following the reading by title by the
City Clerk.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
AGENDA ITEMS SUBMITTED BY THE CITY COUNCIL
(CITY COUNCIL) DISCUSSION REGARDING: VACATION OF THE END OF HUNTINGTON
STREET AT MAIN STREET (TENTATIVE MAP NO. 14590) - PROPOSAL TO REVISE
PROCEDURE FOR CITY COUNCIL TIE VOTES - CITY ATTORNEY TO REPORT
Councilmember Garofalo stated that he would like to address the procedure by which Council
made its decision on the Huntington Street issue at the public hearing on the Cannes
Development Project following a tie vote. He stated that he had removed this item from this
agenda, however he would like to comment on procedure in the bylaws of the Planning
Commission where a tie vote automatically continues the issue to the next meeting. He
suggested to Mayor Bauer that this procedure is something for the City Council to consider.
City Attorney Hutton reported and read the Planning Commission bylaws.
Following discussion, City Attorney Hutton was requested to place this subject on a future
agenda.
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(CITY COUNCIL) APPROVED APPROPRIATION FOR SIDEWALK REPLACEMENT FROM
DEMOLISHED STANDARD MARKET SITE ON MAIN STREET SOUTH TO THE PIERSIDE
PAVILION IMPROVEMENTS
The City Council considered a communication from the City Council Downtown Committee
recommending that the City Council appropriate $5,000 to remove and replace the remaining
section of sidewalk from the Standard Market to the Pierside Pavilion for an overall short term
improvement to an otherwise unpleasant and aesthetically unacceptable public pedestrian
passageway. In the future, the remaining improvements to both the east and west sides of
Main Street will be accomplished per the Council adopted Master Plan for Main Street.
Councilmember Garofalo presented reasons for his recommendation that funds be
appropriated to remove and replace the sidewalk only from the Standard Market site south to
the Pierside Pavilion improvements.
A motion was made by Garofalo, second Green to appropriate $5,000 to remove and replace
the sidewalk only, from the Standard Market, south, to the Pierside Pavilion Improvements.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
(CITY COUNCIL) REQUEST BY MAYOR BAUER FOR RECONSIDERATION OF THE CITY
COUNCIL'S DENIAL ON SEPTEMBER 15, 1997 OF THE APPEAL FILED BY GILDA
KESHAVARZIAN AND MAHAVESH KEYRANAZAR TO THE PLANNING COMMISSION
DENIAL A OF REVISED PLAN CONDITIONAL USE PERMIT NO. 96-79 AND VARIANCE
NO. 96-27 (18741 JOCKEY CIRCLE) - SOUTHWEST OF ELLIS AVENUE AND
SADDLEBACK LANE (420.40)
The City Council considered a communication from Mayor Ralph Bauer requesting
reconsideration of the City Council's action on Conditional Use Permit No. 96-79 and Variance
No. 96-27, 18741 Jockey Circle.
On September 15, 1997 the City Council denied the appeal and sustained the Planning
Commission's denial on the following subject:
Applicant: Gilda Keshavarzian. Property Owner/Appellant: 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
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Mayor Bauer presented reasons why he had placed this request for reconsideration on the City
Council agenda. The Mayor referred to a communication from both homeowners' associations
regarding the issues to which both homeowners' associations have agreed. He reported that
these issues have been incorporated in the agenda packet, including the roof being 35 feet
above the existing pad; the minimum setbacks as shown; the landscape/hardscape plans to be
resubmitted with the affected homeowners' organizations' signatures; and architectural
treatment. He stated an issue which he believes should be included is that the balcony is not
to be enclosed. The Mayor stated that if the applicant agrees to these issues, he believes the
applicant will be able to build his house.
The Mayor stated the first issue at this point is to vote for reconsideration which includes staff
returning this item to Council after the appropriate ministerial processes have been gone
through; that Council is not approving the project tonight but merely reconsidering it and if the
applicant is unwilling to agree with this the deal is over.
The Community Development Director informed Council that this item could be set for public
hearing probably within the next month.
The Mayor stated it was his motion that Council vote for reconsideration which includes staff
returning this item to Council after the appropriate ministerial processes have been gone
through. A second to the motion was made by Mayor Pro Tem Dettloff.
Councilmember Sullivan stated that he would be opposing this motion as it included the item
being returned to the City Council. He stated he could support the motion if the plan with the
parameters stated, with the drawings, etc. is presented to the Planning Commission and not
returned to Council unless on appeal. The Mayor stated this was fine. Councilmember
Sullivan stated he would like to vote on this with the additional wording on No. 5—to be
brought back for approval by the Planning Commission and get it over with. The Mayor stated
this was fine, recognizing that the applicant still has the right to appeal at that point.
The City Attorney asked for the full motion to be repeated as she was unclear as to Council's
action.
The Mayor clarified that Council was approving Items Nos. 1 through 5 as set forth on the
agenda (1. Reducing the building height so no point of the roof is 35 feet above the existing
pad elevations of 52 feet and 58 feet; 2. Minimum setbacks as follows: West-20 feet - South-
10 feet - East-10 feet - North-50 feet; 3. Provide landscape and hardscape plans;
4. Resubmit architectural application with all affected homeowners' signatures; and 5. Submit
plans indicating appropriate architectural treatment on all four sides of the building) with the
inclusion of Item No. 6—that the balcony never be enclosed and Item No. 7—refer item back to
the Planning Commission for approval.
Councilmember Harman spoke in opposition to the motion for reconsideration, citing past
difficulties in negotiations with the applicant.
Councilmember Green spoke in opposition to the motion stating that Council is being asked to
function as the .Planning Commission. He stated that he believed the entire motion should be
as set forth in Item No. 7—to refer the project back to the Planning Commission.
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Councilmember Garofalo stated that he agrees with Councilmember Sullivan that if the
applicant complies with what is set forth in the agenda packet that it is essentially a new house
that should go to the Planning Commission; that the fees should not again be charged and the
process be expedited.
Mayor Pro Tem Dettloff stated that she supported the motion. She stated the issues appeared
to be resolved.
Councilmember Sullivan stated that he believes whatever fees are involved should be paid by
the applicant.
Councilmember Garofalo brought up the issue of the communication from the Ellis Central
Park #9 Homeowners' Association and requested it be incorporated in the document. He
stated it contained everything mentioned by the Mayor.
The Mayor reviewed the letter stating there is a difference in letters as this letter from the Ellis
Central Park #9 Homeowners' Association (dated September 8, 1997) agrees to a 20-foot
setback rather than 23 feet. The Mayor stated his intent is to keep it simple; not for Council to
design the house. He stated that it is clear the applicant can start over again no matter how
Council votes.
The City Attorney stated that the motion Council is making is first to reconsider which is to
bring up the action that previously had been decided negatively. She stated this revives the
matter as if it had never been denied; so the appellant does not have an obligation to pay
another fee to apply to have his variance proceed —the fee was paid when he applied for the
first variance.
The Community Development Director stated she believes there are two different things to be
considered —if the Council reconsiders this the applicant does not have to pay any fees; if it
has to go back to the Planning Commission and the applicant applies for a new variance, then
he will have fees for that. She stated if the Council does not want to handle this and the
applicant wants to resolve it, he has to apply for a new variance for different standards which
he can do.
The Mayor requested a vote to determine what will happen.
A vote was taken as follows:
AYES: Julien, Dettloff, Bauer, Sullivan, Garofalo
NOES: Harman, Green
ABSENT: None
The City Attorney stated that it has been reconsidered.
In response to the Mayor's question as to what the Council now needs to do, the City Attorney
advised Council to make a motion as to how they want to proceed. She stated that earlier it
was indicated to her that Council wishes to follow the outline on the agenda and add the
condition of the top floor balcony and to refer back to the Planning Commission for approval.
Councilmember Garofalo stated that if the Council does nothing the applicant can take the new
plans and move forward on his own.
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The Mayor stated that the motion made by him and Mayor Pro Tern Dettloff is as shown on the
agenda with the two additions-1. Reducing the building height so no point of the roof is 35
feet above the existing pad elevations of 52 feet and 58 feet; 2. Minimum setbacks as follows:
West-20 feet - South-10 feet - East-10 feet - North-50 feet; 3. Provide landscape and
hardscape plans; 4. Resubmit architectural application with all affected homeowners'
signatures; and 5. Submit plans indicating appropriate architectural treatment on all four sides
of the building and to add the following revisions: (6) The upstairs balcony is not to be
enclosed and (7) Refer back to the Planning Commission.
Councilmember Sullivan stated that he favored the motion as it makes it clear to the applicant
to build the house under these parameters. The Mayor stated that by this motion the two
homeowners' groups have veto power over whatever the applicant does.
The motion failed by the following roll call vote:
AYES: Dettloff, Bauer, Sullivan
NOES: Julien, Harman, Green, Garofalo
ABSENT: None
The Mayor stated that the applicant has his direction.
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 12:38 a.m. to the regular meetings to be held on
Monday, October 20, 1997 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street,
Huntington Beach, California.
ATTEST:
Z" &4-�
City Clerk/Clerk
4�f� 4R-61:;10�
City Clerk and ex-officio Clerk o the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
A�� 9-
Mayor/Chairman
282