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HomeMy WebLinkAbout1998-02-17 (9)MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 PM - Room B-8 7:00 PM - Council Chamber Huntington Beach, California Tuesday, February 17, 1998 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 Dettloff 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 COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Harman, Green, Dettloff, Bauer, Sullivan, (Julien arrived at 5:10 p.m. and Garofalo arrived at 5:50 p.m.) Absent: None PUBLIC COMMENTS REGARDING STUDY SESSION AND CLOSED SESSION AGENDA 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 - FORMATION OF CALIFORNIA COASTAL COALITION (CAL COAST) - A COASTAL ADVOCACY ORGANIZATION The City Council held a study session on the formation of the California Coastal Coalition (CAL COAST) - A Coastal Advocacy Organization_ This item is also scheduled on the consent calendar portion of the City Council Agenda with a recommended action to approve the encumbrance of funds to aid in the formation in this Coastal Advocacy Organization and to approve an agreement with Robert Fisher and Associates to act as the Executive Director of the Coastal Coalition. A slide presentation from Public Work's Director Jones regarding formation of this coastal advocacy organization was distributed to the City Council in the Late Communications packet prepared by City Clerk Brockway. 482 Page 2 - Council/Agency Minutes - 02/17/98 City Engineer Eichblatt presented a slide report titled Coastal Beaches which had been distributed by City Clerk Brockway in the late communications packet. The slide report contained information relative to attendance figures at California beaches; the recreational and critical habitat use of beaches; and economic factors involved. City Engineer Eichblatt introduced Robert Fisher, Executive Director of the Friends of Harbors, Beaches and Parks, Incorporated, Newport Beach, California. Mr. Fisher informed Council of the purpose and objectives of the (CalCoast) Coastal Coalition. The slide report titled California Coastal Coalition " CalCoast', dated November 12, 1996 was presented to City Clerk Brockway. Included in the slide report were the topics What Should Be Done, What is Needed in the Organization and the proposed Mission Statement for CalCoast. The Mission Statement is as follows: advocating a more effective partnership between the state and local governments in protecting, restoring, and enhancing California public beaches and shoreline facilities. City Engineer Eichblatt responded to Councilmember Sullivan regarding the reason City staff is asking for seed money to start formation of the group participants. Mr. Fisher spoke regarding the cost for launching the organization and the plans to obtain $30,000 from the other participants. Councilmember Bauer presented reasons for his strong recommendation that the League Of Cities be contacted to place this issue on the next League Of Cities agenda and also for a letter to be written to the Sacramento representatives informing them of this proposal. Acting Assistant City Administrator Dolder at the request of Mayor Pro Tern Green reported on the Environmental Committee of the League of Cities at which this subject had been discussed. Mayor Pro Tem Green asked Mr. Fisher if Orvil MCGoon, a private citizen interested in coastal issues, could be contacted as his group has environmental engineers. Mr. Fisher stated he had contacted Mr. McGoon who had requested that he contact him again when the organization is set up. Councilmember Harman reported on the last SCAG (Southern California Association of Governments) Environmental meeting, where the representatives of Point Hueneme expressed great interest in this project. Councilmember Harman spoke regarding the need for a Coastal Conservancy as the Federal Government always looks for the economic return. The need for city beach improvements was discussed including rehabilitation of beach parking facilities and bluff erosion. MOTION TO RECESS TO CLOSED SESSION - APPROVED (120.80) A motion was made by Sullivan, second Green to recess the City Council to closed session to consider the following items. The motion carried by unanimous vote. 483 =17MS - City Council/Redevelopment Agency Minutes - Page 3 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 Fighters' Association, and Surf City Lifesaving Employees' Association. (120.80) Closed Session - City Council pursuant to Government Code Section No. 54956.9(a) to confer with its attomey regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Talbert & Beach v. City of Huntington Beach - United States District Court Case No. SACV 96-969 AHS; 9th Cir. 97-55619. Subject: Tallbert & Beach v. City. (120.80) Closed Session - City Council pursuant to Government Code Section No. 54956.9(a) to confer with its attomey regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Nammari v. City of Huntington Beach - Orange County Superior Court Case No. 76 91 83. Subject: Nammari v. City of Huntington Beach. (120, 80) RECONVENE Mayor Dettloff reconvened the regular meetings of the City Council and Redevelopment Agency at 7:22 p.m. in the Council Chamber. The City Attorney reported that there were no Actions taken by the City Council or Redevelopment Agency in Closed Session that require a reporting on those actions as required by law (Government Code 54957.1 (a) (3) (B)). CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Dettloff, Bauer, Sullivan, Garofalo Absent: (Green arrived at 10:15 p.m.) FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The flag ceremony and Pledge of Allegiance were led by Councilmember Harman. INVOCATION The invocation was given by Councilmember Garofalo. 484 Page 4 - Council/Agency Minutes - 02/17/98 CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Pursuant to the Brown (Open Meetings) Act, City Clerk Brockway announced the following late communications regarding Agenda Items which had been received following distribution of the agenda: Slide presentations from Public Works Director Jones regarding formation of California Coastal Coalition (Cal -Coast) - A Coastal Advocacy Organization Slide presentation from Community Development Director Fallon regarding the Annual Holly-Seacliff Development Agreement Compliance Report Slide presentation from Community Development Director Fallon regarding the Appeal of Tentative Tract No. 15531 - Conditional Use Permit No. 97-65 - Variance No. 97-22 (Cape Ann) Project Communication from Kimberly Nguyen dated February 15, 1998 in support of Tentative Tract No. 15531 (Cape Ann Project) Communication from Wesley Kanamori dated February 15, 1998 in support of Tentative Tract No. 15531 (Cape Ann Project) Communication from Cona Bellefeuille in support of Tentative Tract No. 15531 (Cape Ann Project) Slide presentation from Community Development Director Fallon regarding Reconsideration of City Council Denial relative to Conditional Use Permit No. 96-79 - Variance No. 96-27 - Two story, split level house at 18741 Jockey Circle Communication from Community Development Director Fallon regarding Revised Conditions Conditional Use Permit No. 96/79 - Variance No. 96-27 - Keshavarzian Residence - 18741 Jockey Circle, also transmitting a letter from Jack Zullinger, Property Manager, on behalf of the Board of Directors, Ellis Central Park # 9 Homeowners Association dated February 17, 1998 to Susan Pierce City of Huntington Beach Planning Department regarding approval of the architectural design and plans Communication from Gordon Watson, President of Country View Estates Home Owner's Association, dated November 12, 1997 regarding decision to accept the revised plans, dated October 15, 1997, for the proposed home at 18741 Jockey Circle Slide presentation from Administrative Services Director Franz regarding Property Acquisition for Yorktown Widening Project Communication from Jim Martin dated February 17, 1998 in support of a return to a twice -a - month street sweeping program and posting and ticketing on sweeper day on all City streets 4as 02/17/98 - City CouncillRedevelopment Agency Minutes - Page 5 ITEMS REMOVED FROM THE AGENDA BY THE ACTING CITY ADMINISTRATOR Acting City Administrator Silver announced that the following consent calendar items would be removed from the consent calendar portion of the agenda. He stated his announcement is being made at this time so that members of the audience who are in attendance for these items will be aware that Council action is not planned at this meeting. Resolution No. 98-15 - Wage increase for non -permanent employees Establishment of information center within Pier Plaza for the Conference and Visitors Bureau - Negotiation of a lease - Expenditure of budgeted contingency funds PUBLIC WELCOME STATEMENT READ BY MAYOR DETTLOFF Mayor Dettloff read the Welcome to the Public statement that is printed on each City Council/Redevelopment Agency Agenda and pertaining to public comments. PUBLIC COMMENTS BOB BIDDLE, President of Huntington Beach Tomorrow, and Planning Commissioner, addressed Council regarding the public hearing item on the agenda regarding the Cape Ann residential project - Appeal Filed by Councilmember Harman to the Planning Commission Approval of Tentative Tract No. 15531 Conditional Use Permit No. 97-65 - Variance No. 97-22. He stated that currently there are no applicable codes to guide the city in this project and requested that the item be deferred to such time as guidance is available. Mr. Biddle spoke regarding the small separation between the buildings and the problems he believes will result, including lack of space, lack of sun light and need for families to go outside their neighborhood and cross a busy intersection to gain a park use which is not family friendly. He stated that an alternative is to ask the developer to redesign the project in a better way. He stated the project built on Talbert Avenue should be looked at as it is a quality development. VALERIE CURRY, spoke regarding the flooding problem on Michael Drive. She stated that there have been band -aid improvements. Ms. Curry presented examples of the problem and requested Council assistance. Ms. Curry presented a large photograph taken December 6, 1997 as the water was receding. The view of the photograph was Michael Drive from the southeast and cul-de-sac looking past the intersection of Jefferson Street toward Beach Boulevard. Daryl Smith, Acting Public Works Director, at the request of Mayor Dettloff, reported on the steps that have been taken in the past. He informed Council that the Integrated Infrastructure Management Program would be addressing this issue. Dave Webb, Principal Engineer, was requested to meet at this time with Ms. Curry. Councilmember Bauer requested a written report on this subject. 486 Page 6 - CouncillAgency Minutes - 02/17198 SALLY ALEXANDER, spoke in support of the Consent Calendar agenda item recommending approval of funds to the Friends of Harbors, Beaches and Parks in Orange County to support the planning of proposed Orange Coast River Park. She stated that she and her husband, Chauncy Alexander, believe that this is a very important project for the city. She thanked Council for placing this item on the City Council agenda. CLINT OLIVIER, informed Council that it disturbs him that the City Council is considering putting a bureaucratic office such as the Visitors and Convention Bureau on the sand within the Pier Plaza. He stated that he believes a bodyboard shop, or ice cream stand would be of more use and believes more thought should be given to what the people on the beach will use. JIM TIEHEN, resident of Michael Drive informed Council of flooding problems on Michael Drive. He stated that his house is located at the corner where the two catch basins were placed and that these catch basins seem to be inadequate. Mr. Tiehen informed Council that he and his family are unable to leave home when it rains because they must all times take precautions. He stated that the water rises to a point threatening his home. Mr. Tiehen spoke regarding the need to add more drainage or an improved pump system without too much cost. SALLY GRAHAM, spoke in opposition to developers asking for small lot developments. She presented examples in the Meadowlark Area where she resides, south of Warner Avenue off of Graham Street. She requested that before either one of these developers be allowed to continue that Council draft and adopt a moratorium on these developments until a city code is in place. ANNOUNCEMENT OF THE APPOINTMENT OF MAYOR SHIRLEY DETTLOFF TO THE CALIFORNIA COASTAL COMMISSION - OATH OF OFFICE ADMINISTERED Councilmember Bauer announced the appointment of Mayor Shirley Dettloff to the California Coastal Commission. Mayor Dettloff informed the Council and audience that she believes that her appointment is a credit to the City of Huntington Beach that this honor has been given to her. She stated her highest regards for the Coastal Act. The oath of office was administered to California Coastal Commissioner Shirley Dettloff by City Clerk Brockway. FOURTH OF JULY PARADE ACTIVITIES Councilmember Garofalo reported on the Fourth of July Parade activities which he and Councilmember Julien have reviewed as part of their service as liaisons to the Fourth of July Parade Committee. He spoke regarding the link between the City and KOCE in the broadcast of the parade. 487 02117/98 - City Council/Redevelopment Agency Minutes - Page 7 COUNCIL COMMITTEE REPORT REGARDING MEETINGS WITH REPRESENTATIVES IN WASHINGTON D.C. Councilmember Harman reported on the meetings held in Washington D.C. with representatives of the Federal Government which were attended by Councilmember Sullivan, Public Works Director Jones, City Engineer Eichblatt and himself. He informed Council that their goals were to meet with FEMA (Federal Emergency Management Agency) representatives regarding the appeal filed by the City in 1995 (Slater Avenue Channel and damages to the bluff top park adjacent to Pacific Coast Highway). Councilmember Harman reported that a decision should be made by FEMA in three months, although in the past the city had been advised of a forthcoming decision which had not arrived. Councilmember Harman reported the Subject of retrofitting of public infrastructure was discussed with the Army Corps of Engineers and that he believed the outlook was fairly favorable. Councilmember Harman reported that the group met with the Department of Transportation regarding the replacement of buses for the Senior Center. He stated that this had been a good meeting. Also Councilmember Harman reported that through the Forestry Department, discussion had been held on the Urban Forest proposal. Councilmember Harman reported on the Department of Transportation meeting at which it appeared assistance on the Gothard-Hoover Corridor improvements did not seem to be forthcoming. Councilmember Harman informed the City Council and audience that Congressman Rohrabacher and his staff greatly assisted the group. Councilmember Sullivan reported that Councilmember Harman did a exemplary job in these discussions. MAYOR DETTLOFF'S REPORT ON PIER PLAZA OPENING Mayor Dettloff announced the Pier Plaza opening with plans for June 5, 1998. Mayor Dettloff spoke regarding the entertainment plans for each day. She reported that it was found there is great deal of local talent in Huntington Beach that has been enticed to participate. Mayor Dettloff spoke regarding the entertainment events planned by other organizations in the city. She stated that community fund raisers were planned to be held in the new restaurant (Duke's) at Pier Plaza. 488 Page 8 - Council/Agency Minutes - 02/17/98 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT REGARDING: NEW LAW REGULATING SMOKING Community Development Director Fallon reported on the new state law regarding smoking regulations. She reported that as this law is a labor law, the Police Department is the enforcement agency. She stated that the city's code must be changed to allow Code Enforcement Officers enforcement authority. Community Development Director Fallon reported that it was planned to have the Code Enforcement Officers enforce the new regulations in the daytime and that Police Department enforcement would be conducted at night. REPORT REGARDING EL NINO - STAFF REQUESTED TO SCHEDULE MEETING BETWEEN COUNCIL - STAFF AND CAL -TRANS REGARDING: FLOODING AT PACIFIC COAST HIGHWAY - WARNER AVENUE Acting City Administrator Silver commended and brought to the City Council's attention, the city employees and the members of RACES who were present in the Emergency Operating Center during the last storm. Fire Chief Dolder spoke regarding the exemplary performance of the many men and women of the Fire, Police, Public Works and Marine Safety staff in responding to the flood emergency conditions. Fire Chief Dolder reported on the preventative measures being taken by staff including the cleaning of city owned storm drains, purchase of mechanical sandbaggers, purchase of mobile pumps and purchase of employee pagers which assisted in the emergency response. He spoke regarding the progress in fixing the drainage problem on Trophy Drive. Fire Chief Dolder addressed Council regarding floatation devices planned for installation on the Fire Department vehicles. He responded to Councilmember Garofalo's question regarding the new streets in the city being constructed according to flood designs standards. Councilmember Garofalo referring to the flooding which had occurred at the mobile home park asked Fire Chief Dolder if there were only precautions that can be taken to protect the more susceptible areas in the City. Fire Chief Dolder reported. Councilmember Harman requested that a meeting be scheduled between Cal -Trans, interested Councilmembers and staff regarding the flooding problem at Warner Avenue and Pacific Coast Highway. (CITY COUNCIL) PUBLIC HEARING - APPROVED COMPLIANCE REPORT FOR ANNUAL REVIEW OF THE HOLLY SEACLIFF DEVELOPMENT AGREEMENT NO. 90-1 Mayor Dettloff announced that this was the meeting set for a pubic hearing to consider the following: Applicant_: City of Huntington Beach 489 02/17/98 - City Council/Redevelopment Agency Minutes - Page 9 Request: Review of the Holly Seacliff Development Agreement No. 90-1 Annual Compliance Report. Location: Approximately 450 acres located between Ellis Avenue on the north, Huntington Street on the east, Edwards Street on the west and the Seacliff Golf Course on the south. Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act. A communication dated February 6, 1998 had been received from M. Lisa, McGuirk (SHEP) Safety, Health & Environmental Protection, Huntington Beach, stating concerns regarding Seapoint Beach Access, Seapoint to Goldenwest & Beach Improvements. This communication was transmitted in the Council packet. Community Development Director Fallon presented a staff report. She referred to the letter from Ms. McGuirk dated February 6, 1998 of which reference was made on the City Council agenda. She stated that steps have been taken for beach access to be derived through a grant for this purpose. At the request of Councilmember Sullivan, Community Development Director Fallon reported on the funding grant for the access. Councilmember Sullivan stated that he believed the County should be asked for the additional $20,000 that is needed as it is a County Linear Park. Councilmember Harman asked if it is possible for the city to advance the money prior to summer and to get reimbursement from the grant. Community Development Director Fallon reported that this was not the type of grant that would allow reimbursement. Legal notice as provided by the Community Development Department to the City Clerk's Office had been mailed, published and posted. City Clerk Brockway announced that the following communication had been provided to the City Council: Slide presentation from Community Development Director Fallon regarding the Annual Holly-Seacliff Development Agreement Compliance Report Mayor Dettloff declared the public hearing open. BRUCE POWERS, spoke in support of Council approving the Annual Compliance Report. BILL HOLMAN, representing PLC spoke in support of approval of the Annual Compliance Report. There being no one to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by Mayor Dettloff. 490 Page 10 - Council/Agency Minutes - 02/17/98 A motion was made by Julien, second Sullivan to determine that the Developer and the City are in compliance with the Holly-Seacliff Development Agreement No. 90-1 by accepting the 1997 Annual Compliance Report and authorize the Mayor and City Clerk to execute the Certificate of Development Agreement Compliance (Attachment No. 3 to the Request for Council Action dated February 17, 1998.) The motion carried by unanimous roll call vote with Mayor Pro Tern Green recorded absent. Councilmember Bauer spoke regarding the need to determine what the Holly-Seacliff Development Agreement encompasses relative to a reimbursement agreement and water reservoir, as well as a report from the law firm that is to be retained as requested at a previous Council meeting. Acting City Administrator Silver reported on the issue of bonding and the letter to be sent from the Acting City Administrator to the developers by February 28, 1998 regarding excess capacity. He reported on the concern of the intersection of Edwards Street and Talbert Avenue and improvements on the other streets involved. (CITY COUNCIL) PUBLIC HEARING - DENIED APPEAL FILED BY COUNCILMEMBER HARMAN TO THE PLANNING COMMISSION APPROVAL OF TENTATIVE TRACT NO. 15531 - CONDITIONAL USE PERMIT NO. 97-65 - VARIANCE NO. 97-22 - CAPE ANN RESIDENTIAL PROJECT Mayor Dettloff announced that this was the meeting set for a pubic hearing to consider the following: Applicant: John Laing Homes Appellant: Councilmember Torn Harman Request: To permit the subdivision of approximately 13 gross acres into a one (1) lot subdivision for condominium purposes for development of 146 detached single family homes. The conditional use permit request includes a model home sales complex. A variance is requested for a minimum nine (9) feet side separation between buildings on the same lot in lieu of 15 feet between two (2) story buildings and 20 feet between three (3) story buildings. Location: Southeast corner of Promenade Parkway and Seagate Drive. Environmental Status: Covered by Environmental Impact Report No. 89-1. Community Development Director Fallon presented a staff report. Planning Director Zelefsky presented a history of the Affordable Housing Program for the Holly- Seacliff area. He reported including on how the Affordable Housing requirements were being met by the developer. Mary Beth Broeren, Senior Planner presented a slide report covering the concerns expressed in Councilmember Harman's appeal. 491 02/17/98 - City Council/Redevelopment Agency Minutes - Page 11 Mayor Dettloff requested that Planning Commissioner Livengood, Chairman of the Planning Commission, address Council regarding the reasons for the Planning Commissions approval of the application. Legal notice as provided by the Community Development 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: Slide presentation from Community Development Director Fallon regarding the Appeal of Tentative Tract No. 15531 - Conditional Use Permit No. 97-65 - Variance No. 97-22 (Cape Ann) Project Communication from Kimberly Nguyen dated February 15, 1998 in support of the project Communication from Wesley Kanamori dated February 15, 1998 in support of the project Communication from Cona Bellefeuille in support of the project Mayor Dettloff declared the public hearing open. MARGUERITE GALICH, requested Council support of the appeal filed by Councilmember Harman until such time as appropriate codes are put in place by the city. She requested that Council not rush to approve this project_ DEBRA PEMBER, representing the developer, spoke in support of the project. She questioned whether Council had received her document demonstrating the lack of Affordable Housing in the city. She stated the project met all requirements except for side yard requirements. CAROLE ANN WALL, representing FANS (Friends And Neighbors of Seacliff), spoke in support of the project and stated reasons for her support including that the design is new and not old fashioned row housing. JAMES LARKIN, addressed Council in support of the project stating that he believes it is an affordable, innovative project. BOB TRAVER, stated that this development will be a lovely addition to the Holly-Seacliff development area for reasons including that it will afford privacy, that it is more appealing to the neighbors of the project. J.D. MILES, representing FANS spoke in support of the project, stating that he believed it is the best possible plan for moderate income buyers. BILL HOLMAN, representing PLC Land Company, presented reasons in support of the project including the importance of meeting the need for moderate income buyers. L.J. EDGCOMB, representing Laing Homes, stated that he believes this project provides a market niche not currently addressed and that the affordability will last for years to come. ullja Page 12 - Council/Agency Minutes - 02/17/98 There being no one to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by Mayor Dettloff. Councilmember Harman questioned how the Community Development Department knows that the project has to have the density in order to keep the cost down. Community Development Director Fallon and Senior Planner Broeren responded that a specific analysis had not been done. In response to Councilmember Harman, Senior Planner Broeren stated that there were staff resources were not available to do such calculations. Councilmember Harman questioned if it is possible for lower density to be used with the developer still able to make a profit. Community Development Director Fallon reported. Councilmember Harman spoke regarding his concern that the side yards are too narrow. Councilmember Sullivan demonstrated through the use of tape on the Council Chamber floor the narrowness of the proposed yards. He stated that he had visited similar sites and observed that their backyards had no sun and were not used by the occupants. Councilmember Sullivan spoke regarding the proposed variance. He spoke regarding the areas of his disagreement with staff responses to the points in Councilmember Harman's appeal. Councilmember Sullivan spoke regarding the affordability intent that had been originally planned for this area. He stated he had spoken with former Councilmember Winchell who stated that the intent was clearly to have affordability from the range of 80% up to 120% of the medium income. Councilmember Sullivan stated that he believes affordability means that the city puts a requirement of affordable houses and that the developer can meet this affordability requirement out of the large profits they make out of the other houses in this vast project. He spoke regarding the need to stop and develop standards for this project. Councilmember Bauer spoke regarding the reasons he is in favor of the project including the reason of affordability. Councilmember Garofalo presented reasons why the City's affordability plan does not work. He recommended that the Affordable Housing Committee be reestablished to review the issues he had addressed.. A motion was made by Garofalo, second Julien to deny the appeal and uphold the Planning Commission's action and approve Tentative Tract No. 15531, Conditional Use Permit No. 97-65 and Variance No. 97-22 with Findings and Conditions of Approval as set forth in Attachment No. 1 to the Request for Council Action dated February 17, 1998. Councilmember Julien stated reasons for her support including that there are 80 persons on the buyers waiting list, the 30 year restriction on renting the units, the paseo area provides a safe and secure area for young children to play, the sidewalk is an area for the big wheels and the little tricycles and bikes to go by where the parents can still keep an eye on them. She stated she thinks this is an important aspect of this community that alot of areas don't have. 493 02/17/98 - City Council/Redevelopment Agency Minutes - Page 13 Mayor Dettloff stated that the most important element of the appeal is that the City is working at an affordable housing project that she believes has become last in some of the comments made; that it is not to be looked at as a standard housing project but is to be looked at as meeting the requirements of the Development Agreement which calls for affordable housing. She spoke regarding the reasons why a young couple with whom she is acquainted had a favorable view of the project. Mayor Dettloff stated that she agreed with Councilmember Julien regarding the safety of children. She stated that they would not only come into the project area and feel safe within the project, they would have an area for their children to play in. She stated that a green belt and swimming pool would also be available in the project. The motion made by Garofalo, second Julien carried by the following roll call vote: AYES: Julien, Dettloff, Bauer, Garofalo NOES: Harman, Sullivan ABSENT: Green (CITY COUNCIL) PUBLIC HEARING - RECONSIDERATION OF CONDITIONAL. USE PERMIT NO. 96-791VARIANCE NO. 96-27 - TWO STORY, THREE LEVEL HOUSE - G. KESHAVARZIAN - JOCKEY CIRCLE - SOUTHWEST OF ELLIS AND SADDLEBACK - REFERRED BACK TO THE PLANNING COMMISSION Mayor Dettloff announced that this was the meeting set for a pubic hearing to consider the following: Applicant: Gilda Keshavarzian Request: To consider revised plans for a 8,587 square foot two story, three level single family dwelling with variances to allow a 20 ft. setback in lieu of minimum 50 ft. and to exceed the maximum two ft. cut and fill grading limitation with up to 7.5 ft. fill. 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 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: Exempt from the provisions of the California Environmental Quality Act. Community Development Director Fallon presented a staff report. Discussion was held between the Council and Deputy City Attorney D'Alessandro regarding the previous Council action on this subject. Mayor Pro Tem Green arrived at the Council meeting at 10:15 p.m. Legal notice as provided by the Community Development Department to the City Clerk's Office had been mailed, published and posted. 494 Page 14 - Council/Agency Minutes - 02/17/98 City Clerk Brockway announced that the following communications had been provided to the City Council: Slide presentation from Community Development Director Fallon regarding Reconsideration of City Council Denial relative to Conditional Use Permit No. 96-79 - Variance No. 96-27 - Two story, split level house at 18741 Jockey Circle Communication from Community Development Director Fallon regarding three Revised Conditions of Approval and also transmitting a letter from the Property Manager on behalf of the Board of Directors, Ellis Central Park # 9 Homeowners Association dated February 17, 1998 regarding their approval of the architectural design and plans Communication from Gordon Watson, President of Country View Estates Home Owner's Association, dated November 12, 1997 regarding their decision to accept the revised plans, dated October 15, 1997, for the proposed home at 18741 Jockey Circle Correction to the Request for Council Action on the agenda. The date on Attachment No.1 to the Request for Council Action should be 2117/98 not 2/1/98 A motion was made by Julien, second Sullivan to refer this item back to the Planning Commission. Mayor Dettloff declared the public hearing open. BAHRAM KASRAVI, applicant requested the approval of Council for his project. He spoke regarding the meetings of the Home Owners Association. Councilmember Harman stated his concern relative to the speedy process issue if the application is referred back to the Planning Commission and asked Mr. Kasravi if he would be willing to waive his right in this regard, Mr. Kasravi stated that at this time he did not know. There being no one to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by Mayor Dettloff. Deputy City Attorney D'Allesandro stated reasons why the staff recommendation that the City Council make a decision at this meeting is preferable. Councilmember Harman spoke regarding his concern that Council action on this is needed now to comply with the permit streamlining process. Councilmember Sullivan withdrew the second he made to the earlier motion. A motion was made by Garofalo, second Green to refer the reconsideration of Conditional Permit No.96-79 and Variance No. 96-27 to the Planning Commission but that it be returned within 48 hours if the City Attorney determines that the streamlining permit process requires action by Council. 495 02/17/98 - City CouncillRedevelopment Agency Minutes - Page 15 A motion was made by Garofalo, second Green that the motion be amended to refer the item regarding the reconsideration of the two-story three level house, Conditional Use Permit No. 97- 79 and Variance No. 96-27 back to the Planning Commission. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Green, Garofalo NOES: Harman, Dettloff, Bauer ABSENT: None CONSENT CALENDAR - ITEMS REMOVED The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Funds to Friends of Harbors, Beaches and Parks in Orange County Inc. To support planning of proposed Orange Coast River Park Sale and Transfer of Ownership - Ocean View Estates - 7051 Ellis Avenue - Mobilehome Unit No. 40 and Agreement between the City and Csikos for occupancy of space in Ocean View Estates Mobilehome Paris - Redevelopment Agency Action Resolution No. 98-15 - wage increase for non -permanent employees Design/Build Contractor Agreement for the Civic Center 800 MHZ Project - CC-1048 - Tower Structures, Inc. - and Settlement Committee recommendation re: insurance provisions Formation of California Coastal Coalition - (Cal Coast) and Professional Services Contract between City and Robert G. Fisher and Associates - General Fund expenditure 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: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCILIREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency regular meeting of January 20, 1998 as written and on fife in the Office of the City Clerk. 496 Page 16 - Council/Agency Minutes - 02117/98 (CITY COUNCIL) APPROVED AUTHORIZATION TO ADVERTISE WHEELCHAIR RAMP CONSTRUCTION IN THE AMBERLEAF AND FLORIDAIUTICA ENHANCEMENT AREAS - CC-1016 - PROJECT PLANS AND SPECIFICATIONSIADVERTISEMENT FOR BIDS - APPROVAL OF SAMPLE CONTRACT -1. Approved the project plans and specifications and authorized the Director of Public Works to solicit bids for the construction of wheelchair ramps in the Amberleaf and Florida/Utica Enhancement Areas (CC-1016); and 2. Approved the attached sample contract, subject to award of the contract to the lowest responsible bidder. (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-13 - AMENDMENT TO CITY CLASSIFICATION PLAN TO ADD NEW CLASSIFICATION OF HOUSING AND REDEVELOPMENT MANAGER - Adopted Resolution No. 98-13 - "A Resolution of the City Council of the City of Huntington Beach to Amend the City Classification Plan by Adding a New Classification Entitled Housing and Redevelopment Manager." (CITY COUNCIL) ACCEPTED WORK OF CLEANING 64" STORM DRAIN LINE - MSC-392 - WESTISOUTH GOTHARD STREET - BETWEEN WARNER AND SLATER AVENUES - NOTICE OF COMPLETION - CONSOLIDATED WASTE INDUSTRIES, INC. - Accepted the work by Consolidated Waste Industries, Inc. of the cleaning of the 54" storm drain line - MSC- 392 at a final cost of $200,839.90 and authorized the City Clerk to file a Notice of Completion with the County Recorder. (CITY COUNCIL) ACCEPTED THE IMPROVEMENTS AND APPROVE NOTICE OF COMPLETION FOR SLURRY SEAL OF VARIOUS LOCAL STREETS (72 STREETS) - MSC- 388 - COMPLETED BY PAVEMENT COATING COMPANY - Accepted the improvements completed by Pavement Coating Company on the slurry seal of various local streets for a final contract cost of $229,266.52 and authorized the City Clerk to file the Notice of Completion with the County Recorder. (CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 14590 OF TENTATIVE TRACT MAP NO. 14590 WITH BONDS AND AGREEMENTS - CANNES POINTE - THREE CORNERS PARTNERS, LLC - TRIANGULAR AREA BOUNDED BY MAINIHUNTINGTONIGARFIELD - 1. Approved Final Tract Map No. 14590 and accepted the offer of dedication, improvements, and bonds (Developers Insurance Company) pursuant to findings and requirements as set forth on Attachment No. 1 to the Request for Council Action dated February 17, 1998; and 2. Approved the Subdivision Agreement between the City and Three Corners Partners, LLC, and authorized execution by the Mayor and City Clerk. (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT FOR INTERIM CITY TRAFFIC ENGINEER - CHARLES ABBOTT ASSOCIATES, INC. - Approved and authorized the Mayor and City Clerk to execute the Professional Services Contract Between the City of Huntington? Beach and Charles Abbott Associates, Inc. for the Interim City Traffic Engineer Services. 497 0211TISS - City Council/Redevelopment Agency Minutes - Page 17 (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-16 AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS TO OBTAIN FEDERAL AND STATE DISASTER AND EMERGENCY RELIEF - Adopted Resolution No. 98-16 - "A Resolution of the City Council of the City of Huntington Beach Authorizing Certain City Officials to Execute Applications and Documents to Obtain Disaster and Emergency Relief." (Officials designated are: Fire Chief, or the Finance Director, or the Emergency Services Manager, or the Emergency Services Coordinator.) (REDEVELOPMENT AGENCY) APPROVED AS TO FORM - OCEAN VIEW PROMENADE OFFICE SPACE LEASE BETWEEN ABDELMUTI DEVELOPMENT COMPANY AND CONGRESSMAN DANA ROHRABACHER - Approved as to form the attached lease between Congressman Dana Rohrabacher and Abdelmuti Development Company for office space within the Ocean View Promenade. (CITY COUNCIL) APPROVED REPLACEMENT OF DAMAGED MAIN PROMENADE PARKING BOOTH - APPROVED BUDGET AMENDMENT - Approved an amendment to the Fiscal Year 97/98 budget to encumber $5,398 from the General Fund to Account E-AA-CS-344- 6-59-00 for the replacement of a parking attendant booth. (CITY COUNCIL) APPROVED SECOND AMENDMENT SUBSTITUTING FOR "AMENDMENT TO LEASE" AND AMENDING LEASE FOR PREMISES AT HUNTINGTON BEACH PIER PLAZA, DATED JANUARY 16, 1998, BETWEEN THE CITY OF HUNTINGTON BEACH AND T.S. MANAGEMENT CORPORATION, AS ASSIGNED TO PIER PLAZA GROUP, LLC - I--p - 3S 1. Approved the Second Amendment Substituting For "Amendment To Lease And Amending Lease For Premises At Huntington Beach Pier Plaza, Dated January 16, 1996, Between The City of Huntington Beach And T.S. Management Corporation, As Assigned To Pier Plaza Group, LLC, and authorized the Mayor and City Clerk to execute same; and 2. Approved the Memorandum of Lease Between the City and Pier Plaza Group LLC, and authorized the Mayor and City Clerk to execute same. (CITY COUNCIL) APPROVED FUNDS TO FRIENDS OF HARBORS, BEACHES AND PARKS IN ORANGE COUNTY INC. TO SUPPORT PLANNING OF PROPOSED ORANGE COAST RIVER PARK The City Council considered a communication from Community Services Director Hagan and Community Development Director Fallon recommending approval of an amendment to the current year budget by appropriating funds to the Friends of Harbors, Beaches and Parks in Orange County Incorporated to support planning of the proposed Orange Coast River Park. Councilmember Bauer requested that the recommended action be amended to include a beautification element in the plan. A motion was made by Bauer, second Garofalo to approve an amendment to the current year budget by appropriating $5,000 for financial assistance to Friends of Harbors, Beaches and Parks In Orange County, Inc. in planning the proposed Orange Coast River Park along the Santa Ana River extending up the coast along Pacific Coast Highway to Beach Boulevard and that a beautification element be included in the plan. 498 Page 18 - Council/Agency Minutes - 02/17/98 Mr. Robert Fisher, Executive Director of the Friends of Harbors, Beaches and Parks Inc., reported, that the City of Newport Beach had approved participation in this project. The motion made by Bauer, second Garofalo carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL REDEVELOPMENT AGENCY) AUTHORIZED SALE AND TRANSFER OF OWNERSHIP - OCEAN VIEW ESTATES - 7051 ELLIS AVENUE - MOBILEHOME UNIT NO. 40 AND APPROVE AGREEMENT BETWEEN THE CITY AND CSIKOS FOR OCCUPANCY OF SPACE IN OCEAN VIEW ESTATES MOBILEHOME PARK - REDEVELOPMENT AGENCY ACTION: The City Council considered a communication from Economic Development Director Biggs and Deputy City AdministratorlAministrative Services Director Franz regarding the sale and transfer of ownership of Mobilehome Unit No.40 in Ocean View Estates and approval of an agreement between the city and Paul and Eugene Csikos for occupancy of space in Ocean View Estates Mobilehome Park. Councilmember Sullivan informed Council of his concern regarding the resale provisions of the agreement. He. stated his disagreement with the provisions which have been entered into by the city in past years. A motion was made by Sullivan, second Garofalo to approve the following actions: Redevelopment Agency Action: 1. Approve and authorize the sale of Ocean View Estates Space No. 40 by the estate of Patricia Falkenstein to Mr. and Mrs. Eugene Csikos for $15,000; and 2. Authorize the Executive Director to execute documents necessary to deliver $44,545.11 to the purchase escrow as the Agency's gap payment; and City Council Action: Approve and authorize the Mayor and City Clerk to execute the Agreement Between the City of Huntington Beach and Paul and Eugenia Csikos for Occupancy of Space in Ocean View Estates Mobilehome Park upon acceptance and execution by the prospective purchaser, Mr. and Mrs. Eugene Csikos. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) APPROVED DESIGN/BUILD CONTRACTOR AGREEMENT FOR THE CIVIC CENTER 800 MHZ PROJECT - CC-1048 -TOWER STRUCTURES, INC. -APPROVED SETTLEMENT COMMITTEE RECOMMENDATION REGARDING: INSURANCE PROVISIONS The City Council considered a communication from Public Works Director Jones regarding a Proposed agreement for the Civic Center 800 MHZ Project - CC-1048. 499 02/17/98 - City Council/Redevelopment Agency Minutes - Page 19 Fire Chief Dolder presented a staff report. A motion was made by Harman, second Green to approve and authorize the Mayor and City Clerk to execute the attached Design Build Contract with Tower Structures, Incorporated for a fee of $222,757 to provide design/build construction services for the Civic Center 800 Mhz project; and approve the Settlement Committee recommendation to accept the contractor's completed operations/product liability coverage in -lieu of professional liability coverage. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL.) APPROVED FORMATION OF CALIFORNIA COASTAL COALITION - (CAL COAST) AND APPROVED PROFESSIONAL SERVICES CONTRACT BETWEEN CITY AND ROBERT G. FISHER AND ASSOCIATES - APPROVED GENERAL FUND EXPENDITURE The City Council considered a communication from Public Works Director Jones recommending approval of the formation of the California Coastal Coalition - (Cal Coast) and approval of a contract between the city and Robert G. Fisher and Associates. A communication dated February 2, 1998 had been received from Lesley Ewing, President of the California Shore and Beach Preservation Association in support of this item. This communication was provided in the City Council packets. A motion was made by Bauer, second Harman that Council take the following action:. 1. Approve the encumbrance of $30,000 from the unencumbered General Fund and authorize the Director of Public Works to expend said amount to aid in the formation of a coastal advocacy organization called the California Coastal Coalition or "CalCoast" and 2. Authorize the Mayor and City Clerk to execute the Agreement with Robert Fisher And Associates in the amount of $30,000 to act as the Executive Director of the California Coastal Coalition - Professional Services Contract Between the City of Huntington Beach and Robert G. Fisher And Associates for Consulting Services Associated with the Formation of a Coastal Advocacy Organization and that 3. Assemblymember Baugh and Senator Johnson be informed of the City Council's action on this issue and be requested to support the City Council in its efforts. Acting City Administrator Silver stated for the record that he wished to state that staff would return in approximately four months regarding the progress made by staff in obtaining participation by other cities. Following discussion, the motion made by Bauer, second Harman carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Garofalo NOES: Sullivan ABSENT: None 500 Page 20 - Council/Agency Minutes - 02/17/98 (CITY COUNCIL) SPECIALLY NOTICED ADMINISTRATIVE HEARING -YORKTOWN WIDENING PROJECT - EMINENT DOMAIN RESOLUTION OF PUBLIC INTEREST AND NECESSITY NO. 98-14 - ACQUISITION OF STREET RIGHT-OF-WAY ALONG YORKTOWN AVENUE BETWEEN DELAWARE STREET AND BEACH BOULEVARD - CC-1017 - AP# 025-111-40 (WRIGHTILENNINGIBERGEISANSTADISPRIGGSI Mayor Dettloff made the following announcement on the Resolutions of Necessity for the Goldenwest Street Widening acquisition of street right -of -way along Yorktown Avenue between Delaware Street and Beach Boulevard at the City Council meeting on February 17, 1998: This agenda item is a specially noticed hearing held under Code of Civil Procedure Section 1245.235. Only those persons who have been specially noticed and have previously requested to appear and be heard, or their designees, under Code of Civil Procedure Section 1245.235, shall be heard at this time. The subject matter of this special hearing is limited to only those matters included in the proposed resolutions. The amount of compensation is not at issue during this public hearing. It will be decided by the courts at a later date, should the resolutions be adopted. A two-thirds majority of the entire City Council is required to adopt the resolutions; the resolutions must receive five affirmative votes to be adopted. Deputy City Administrator- Administrative Services Director Franz presented a staff report. He referred to a copy of the slide report that had been announced by City Clerk Brockway during the presentation of Late Communications. Mayor Dettloff opened the specially noticed hearing. City Clerk Brockway announced a communication dated February S, 1998 had been received from Diane Berge Lenning regarding proposed Resolution of Public Interest And Necessity No. 98-14. DIANE BERGE LENNING, spoke on behalf of her mother and five siblings relative to the proposed eminent domain proceedings. She read a letter to Council which she submitted to City Clerk Brockway. The letter was dated February 17, 1998, titled Benge Family Estate. City Clerk Brockway announced that she had copies of the communication that Ms. Lenning had read. Discussion was held by Council. Councilmember Sullivan stated that he believed that a safe path needs to made for students walking to Huntington Beach High School, especially when it rains. City Clerk Brockway announced that the additional communication submitted by Mrs. Benge in addition to the February 8, 1998 was available at her desk and in her office the following morning. A motion was made by Harman, second Green to approve the following recommended action: 501 02/17/98 - City Council/Redevelopment Agency Minutes - Page 21 Adopt Resolution of Public Need and Necessity No. 98-14 - "A Resolution of the City Council of the City of Huntington Beach Declaring the Public Interest and Necessity of Acquisition of Certain Real Property Located on Delaware Street in the City of Huntington Beach, California, Identified as Assessor's Parcel No 025-111-40, for the Purposes of Conducting Roadway Improvements." The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None 'ITEM REMOVED FROM THE AGENDA Establishment of information center within Pier Plaza for the Conference and Visitors Bureau and authorize staff to Negotiate a lease - authorize expenditure of budgeted contingency funds Resolution No. 98-15 - wage increase for non -permanent employees (CITY COUNCIL) ADOPTED ORDINANCE NO. 3386 - ZONING TEXT AMENDMENT NO. 98-1 - REPEALING CHAPTER 17.10 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO PROPERTY MAINTENANCE AND ADDING CHAPTER 17.10 TO BE DESIGNATED AS THE HUNTINGTON BEACH NUISANCE CODE The City Council considered adoption of Ordinance No. 3386 which had been submitted by Community Development Director Fallon, Acting City Administrator - Fire Chief Dolder and Police Chief Lowenberg regarding property maintenance. City Clerk Brockway was requested to read Ordinance No. 3386 by title - Ordinance No. 3386 - 'An Ordinance of the City of Huntington Beach Repealing and Replacing Chapter 17.10 of the Huntington Beach Municipal Code Pertaining to Property Maintenance and Adding Chapter 17.10 to be Designated as the Huntington Beach Nuisance Code.' A motion was made by Garofalo, second Sullivan to adopt Ordinance No. 3386. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None CITY COUNCIL DIRECTION TO STAFF TO PREPARE REPORTS REGARDING: NUISANCE CODE ENFORCEMENT - APPROVED On motion by Bauer, second Sullivan Council directed that the City of Anaheim code enforcement be studied, also that options relative to placing lien holds on property be studied and that Council be informed on a regular basis on progress relative to Ordinance No. 3386; further that the feasibility of a civil procedure on this subject be explored. The motion made by Bauer, second Sullivan carried unanimously. 502 Page 22 - Council/Agency Minutes - 02/17/98 (CITY COUNCIL) REQUEST FOR REPORT AND RECOMMENDATION RE: RETURNING TO TWICE -A -MONTH STREET SWEEPING CITYWIDE -APPROVED The City Council considered a communication from Councilmember Harman presenting reasons for his recommendation that the City return to twice -a -month street sweeping City wide and requesting a staff report to include the cost as well as whether or not any increased street sweeping can be performed by a private contractor. Earlier in the meeting, City Clerk Brockway had announced that the following communication on this item had been provided to the City Council: Communication from Jim Martin dated February 17, 1998 in support of a return to a twice -a - month street sweeping program and posting and ticketing on sweeper day on all City streets A motion was made by Harman, second Green to direct the Acting City Administrator to return to the City Council within 30 days with a report and recommendation concerning returning to twice -a -month street sweeping City wide. The report should include the cost of changing back to twice -a -month as well as whether or not any increased street sweeping can be performed by a private contractor, i.e_, privatization and further that staff investigate the possibility of posting no parking signs at certain times. The motion carried unanimously. ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 11:15 p.m. to the adjourned regular meetings to be held on Wednesday February 18, 1998 at 5:00 p.m. in 4th Floor City Hall, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk 503 City Clerk and ex-officio Clerk he City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California M or Chairma