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HomeMy WebLinkAbout1998-10-05MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Monday, October 5, 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: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: None PUBLIC COMMENTS REGARDING CLOSED SESSION AGENDA ITEMS There were no persons present to address Council regarding the closed session items scheduled on the agenda. MOTION TO RECESS TO CLOSED SESSION —APPROVED (120,80) The City Council adjourned to closed session by unanimous consent of 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, Municipal Employees' Association, 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 Franks v. City of Huntington Beach - Orange County Superior Court Case No. 78 22 68. Subject: Franks v. City of Huntington Beach. (120.80) Page 2 - CouncillAgency Minutes-10/05/98 Closed Session — City Council pursuant to Government Code Section 54958.9(c) to confer with its attorney regarding pending litigation_ Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate litigation. Number of Potential Cases: 1. Subject: Potential Litigation Against City of Santa Fe Springs. (120.80) RECONVENE Mayor Dettloff reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:00 p.m. REPORT OF ACTION TAKEN AT CLOSED SESSION 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 Section 54957.1(a)(3)(13)). CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: None PLEDGE OF ALLEGIANCE The Pledge of Allegiance was given by all present in the Council Chamber. INVOCATION The invocation was given by Mayor Pro Tern Green. CITY CLERK ANNOUNCED 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: Communication from the City Clerk correcting Page No. 8 of the agenda regarding the public hearing on the conditional use permit and use variance to read "Continued From 9121198" instead of "Continued From 10121198" Communication from the City Attorney dated October 5, 1998 titled Council Meeting Agenda Item C-2; 1015198 — City Administrator's Status Report; Presented by the City Attorney — Status of Prosecution and Enforcement at 16862 Morse Circle M 10/05/98 — Council/Agency Minutes — Page 3 Communication from the City Administrator dated October 5, 1998 titled Orange County Water District Year 2020 Master Plan Slide show presentation from the Planning Department dated October 5, 1998 titled Amendment to Circulation Plan of Arterial Streets and Highways Slide show presentation from the Planning Department dated October 5, 1998 titled General Plan Amendment No. 98-3 (Circulation Element) Communication from Robbie Thomas dated September 30, 1998 in support of the City of Huntington Beach hosting the Pacific Shoreline Marathon Communication from Edward J. Kowalchuk dated September 30, 1998 in support of the City of Huntington Beach hosting the Pacific Shoreline Marathon Communication from the Planning Director dated October 5, 1998 regarding a request from PLC Land Company for continuance of Holly-Seadiff Affordable Housing Plan Amendment to November 16, 1998 (CITY COUNCIL) MARK MCGUIRE OF THE ST. LOUIS CARDINALS COMMENDED FOR ACHIEVEMENTS Mayor Dettloff, on behalf of the Council and community, congratulated Mark McGuire of the St_ Louis Cardinals for his achievements this past baseball season in surpassing Roger Maris' home run record. (CITY COUNCIL) ANNOUNCEMENT REGARDING CENCO COMPANY'S (GOLDEN WEST REFINERY) DISCONTINUANCE OF PLANS TO REACTIVATE THE OFFSHORE OIL FACILITY AND TO REMOVE THE NEWLAND OIL TANK FARM Mayor Dettloff announced the tremendous success experienced by the city due to CENCO Company's agreement that it will cease plans to reactivate the offshore oil operations and will stop any activity at the site of the Newland Oil Tank Farm including its intent to remove the tanks and to remediate the soil. Fire Chief Dolder stated it is his pleasure to inform Council of the departments and staff representatives who worked so hard to bring about this happy occasion. He announced that the participants were Jim Engle — Deputy Director of Community Services, Howard Zelefsky — Planning Director of Community Services, Bob Beardsley — Director of Public Works, David Biggs — Director of Economic Development, Paul D'Alessandro -- Deputy City Attorney, Melanie Fallon — Assistant City Administrator, Herb Fauland — Senior Planner/Community Development, Bob Franz — Deputy City Administrator/Administrative Services, Tim Greaves — Fire Marshal/Petro Chem, John Fujii — Deputy City Attorney, Ron Hagan — Director of Community Services, Dan Madrigal — Deputy Fire Marshal/Fire Prevention, Duane Olson — Division Chief/Fire Marshal, and Daryl Smith — Superintendent of Public Works. 91 Page 4 - Council/Agency Minutes-10105198 (CITY COUNCIL) ANNOUNCEMENT OF RECEIPT OF TWO FEDERAL GOVERNMENT POLICE DEPARTMENT GRANTS Mayor Dettloff announced that two grants have been received from the federal government which will provide ten police officers and six dispatchers. Chief Lowenberg stated that the Police Department had persuaded the federal government to confer this grant to assist in maintaining the city one of the safest as the federal government had at first been reluctant to award a grant to Huntington Beach as they believe the city was already one of the safest cities. Police Chief Lowenberg thanked Jim Moore, Senior Department Analyst. (CITY COUNCIL) CONTINUANCE OF AGENDA ITEM TO NOVEMBER 16, 1998 REGARDING HOLLY-SEACLIFF AFFORDABLE HOUSING PLAN AMENDMENT NO. 1 — REQUEST BY PLC LAND COMPANY Mayor Dettloff announced that the agenda item regarding Holly-Seacliff Affordable Housing Plan Amendment No. 1 would be deferred to the November 16, 1998 Council meeting. PUBLIC COMMENTS VIRGINIA SIMS displayed a used fireman's hat that the Fire Department employees had given her for her grandson. She stated that she had not wanted a new hat but had wanted a used hat showing the name of the firefighter who had worn it. She stated that firefighters are fine people and that there have never been any bad reports about firefighters stealing or lying. She stressed the importance that such reports have never been made about firefighters. RICHARD ODELL informed Council he represented 35 homeowners and residents along a route of streets in the neighborhood located at the northwest corner of Talbert and Edwards. He distributed a letter, petition, and data collection which he had sent to Council and which set forth their concern with the situation that they feel requires immediate mitigation_ He paraphrased the letter stating their concern regarding the traffic impact to their neighborhood from the major renovation on Edwards Hill and the closure of Talbert and Edwards. He spoke regarding what he believes are a series of very confusing signs along both Talbert and Edwards leading into their tract which when getting close to the neighborhood there are big orange signs and big electric arrows which direct people right through their neighborhood, the cars navigating a short, narrow, winding and partially obstructed path turning at least five times. He stated that 40% of these drivers drive at an unsafe speed. He stated that their safe and quiet neighborhood has been lost. Mr. Odell stated that someone in the neighborhood is going to get hit by a car, probably a child playing in his yard, on the sidewalk or crossing the street. Mayor Dettloff recommended that Mr_ Odell and Public Works Director Beardsley and she meet. Councilmember Garofalo suggested that the Public Works Department consider erecting signs with wording to the effect that the route is for residents only. The City Administrator stated this would be looked at as a possibility; alternatives would be explored at the meeting to address the concerns expressed. Councilmember Bauer spoke regarding what he believes was a similar situation in an area of the city that was partially remedied by a series of stop signs, and perhaps temporary stop signs could help here. 92 10/05/98 — Council/Agency Minutes — Page 5 DAVID FLYNN addressed Council regarding the reasons why he believes the legal case regarding the Morse Circle residence has not been handled well by the City Attorney's Office. LAUREN FLYNN addressed Council regarding the types of blight caused by the condition of the Morse Circle residence. She stated what she believes are the deficiencies of the City Attorney's Office's actions in this matter. DAVE REYNOLDS addressed Council in support of the agenda item recommending the closure of Pacific Coast Highway for the Shoreline Marathon Run, He informed Council of the number of Huntington Beach residents who frequent his running shop in Fountain Valley. He spoke regarding the benefits of the marathon to the city stating that the event could grow. JENISE STONE informed Council of a story told to her by a police officer relative to being sued by the Morse Circle residence owner over the issuance of a traffic citation, She spoke regarding her desire that the Morse Circle residence be brought to code compliance. BOB GIBBONS informed Council that the Kiwanis Club has not taken a position of support or opposition to the agenda item relative to the Pacific Shoreline Marathon Run. DAVID GUIDO, President of the Huntington Beach Coastal Communities Association, expressed his appreciation to Fire Chief Dolder for his efforts in stopping the CENCO offshore oil facility reactivation. He also expressed appreciation to the Southeast Huntington Beach Homeowners' Association, the Surfriders Foundation, Sierra Club, Robert Mayer Corporation, and Huntington Beach Tomorrow for their efforts. He requested that the moorings, tanks, and other equipment be removed; that the city and landowner get together to determine what can be built there that will benefit the landowners, city and residents. RON DAVIS addressed Council regarding his contention that the City Council is duty bound to correct inaccurate statements made at a previous Council meeting relative to the City Attorney's budget. Councilmember Harman requested budget information from the City Attorney relative to Mr. Davis' comments_ The City Attorney reported on the budget information and stated that Councilmember Harman would be provided with the pertinent documents. Councilmember Green stated that this is the time for public comments, not to grill staff members or elected officials. He stated that if Council were to begin correcting every speaker, the Council would never get beyond the public comments; that the public comments portion of the agenda is not public dialog. DEAN ALBRIGHT stated that the reasons people come to the Council meetings is to give voice to problems they encounter with public officials, and Public Comments is the only way to address their concerns. He informed Council of a problem in a neighborhood in the city where a person sits nude on his patio and looks into a bedroom of another residence. He spoke regarding what he believes is a lack of assistance from the City Attorney's Office. City Attorney Hutton explained that the law covering such nudity is enforced by the District Attorney. She stated that her office has filed a criminal complaint against the person relative to code enforcement matters. She stated that the court had ordered the person to come into compliance with the Huntington Beach Municipal Code. She reported further on the code enforcement issue including neighborhood meetings held between the City Attorney's staff, 93 Page 6 - Council/Agency Minutes - 10/06/98 code enforcement, and members of the Police Department. City Attorney Hutton reported that a court hearing is set for the city's filing of a contempt of court. The Police Chief reported on the Police Department's contact with the resident. He stated if desired he would be glad to prepare a more comprehensive report. He responded to Councilmember Garofalo's question as to whether the homeowner referred to earlier had filed a complaint stating that he did not have the information with him but could supply it. JOHN MITCHELL informed Council that he resides in the neighborhood where the nude person sits on the patio. He stated that the neighbors have worked very well with the code enforcement officers and that the city's code enforcement officers have done their job. He distributed pictures to Council showing the proximity to his residence of the patio chairs where the person sits nude and a photo of a friend of the resident trying to look into his window at 1:30 a.m. and of accumulated trash and garbage. He asked why there is a delay in taking the person back to court to gain compliance. CRAIG MOYER, attorney, representing CENCO Company, informed Council of CENCO's agreement to eliminate the offshore terminal and onshore tank farm to avoid litigation between the City of Huntington Beach and the city of Santa Fe Springs. He spoke regarding Supervisor Silva's assistance on this issue. He informed Council that CENCO had agreed to decommission the tank farm and offshore oil facility; that CENCO had signed the settlement agreement and had faxed it to the city. Councilmember Garofalo read portions of the letter that Mr. Moyer had distributed. Councilmember Sullivan informed Mr. Moyer of the necessity for the city to file suit if all signatures are not obtained. Mr. Moyer informed Council that he believes it is due to the Jewish holiday that the CENCO signers have been unable to execute the agreement. City Attorney Hutton stated that the city does not want litigation; however, the city would be absolutely remiss in not filing suit if signatures are not obtained. KAREN JACKLE stated that there are public forums where questions of candidates may be asked. She stated she was working on a league of Women Voters —American Association of University Women's forum and had only received three questions from the public; that they would like the public to submit questions. Mayor Dettloff stated that the Public Information Officer can inform the city of upcoming forums Ms. Jackie spoke regarding the item on the agenda relative to the Holly-Seacliff Affordable Housing Plan Amendment No. 1. She stated that because of the median income level of the city and the direction that it has taken, the city must continue to offer the low and very low- income elements as part of this affordable housing element. She recommended that the city not delete that requirement as there are several developments that are going to generate more jobs, and the city does not have the best transportation system for people to be traveling here from other cities. BRAD WHITE stated that as the city is successful in fighting a major corporation such as CENCO Company, the problem of a nude person on a patio can be solved. Mr. White read from a paper (New York Times) which reinforces the people's right to address their elected officials in a manner which may include vehement and caustic remarks to government and public officials. He presented it to the Sergeant At Arms for distribution to Council. Comments were offered by Councilmembers relative to the Public Comments portion of the City Council meeting. 94 10/05/98 — Council/Agency Minutes — Page 7 MATT POSTIY addressed Council regarding his opposition to rent control. He state he had heard Councilmember Sullivan favored rent control for mobile homes. Councilmember Sullivan clarified that he opposed rent control for apartments but that he might consider it if there were egregious offenses in rent gauging to people who cannot move their mobile homes. JOHN BRISCOE addressed Council regarding what he believes are violations of the municipal code relative to a city vendor contract as well as the failure of the City Attorney to respond to the matter. He referred to a communication he has written on the matter. City Attorney Hutton stated that this matter is under review by her office. City Treasurer Freidenrich presented a report stating that she is in the process of discussing this with the Investment Advisory Board, and the contract will soon go to bid. In response to Councilmember Garofalo, she reported on the noncollectibles collected by the vendor, approximately half of which relate to emergency services to people who are not covered by FireMed for accidents that happen. The City Attorney reported that much of this has come to light from Mr. Briscoe's efforts to put up a defense for a disputed bill between Mr. Briscoe and the city. KEN YGLESIAS, President of Golden West College, spoke in support of Councilmember Green's agenda item relative to a new senior center on the Golden West College campus. (CITY COUNCIL) REPORT REGARDING RESOLUTIONS ADOPTED AT LEAGUE OF CALIFORNIA CITIES CONFERENCE Councilmember Green reported on his attendance at the League of California Cities General Assembly 1001h Annual Conference in Long Beach on October 3, 1998. He stated that for public review he had provided the City Clerk and Council with a document titled Annual Conference Resolutions Voting Packet dated October 3, 1998. He reported on the resolutions. He informed Council that the Environmental Quality Committee of which he is chair had three resolutions before the General Assembly: the labeling of forest products was not passed; alternate fuels for heavy duty vehicles lost; however, their resolution relating to quantification of "cool community," "urban heat-island effect" strategies passed (planting and on -going maintenance of trees). He reported further on the resolution packet. Councilmember Green stated if anyone is interested he could refer them to persons in Sacramento he had met as a result of the seminar he had moderated on the California Environmental Quality Act and Historical and Archaeological Resources. (CITY COUNCIL) USE OF PROPERTY VACATED BY CENCO COMPANY—NEWLAND TANK FARM FACILITY Councilmember Garofalo commented on the need for city efforts to ensure that the future use of the vacated Newland Tank Farm property benefits the community. The City Administrator stated that the Fire Department and the Community Development Department would follow up on the matter. (CITY COUNCIL) STATUS REPORT BY CITY ATTORNEY —STATUS OF PROSECUTION AND CODE ENFORCEMENT REGARDING MORSE CIRCLE RESIDENCE City Administrator Silver stated that the City Attorney would present a report on the Morse Circle residence issue. �R Page 8 - Council/Agency Minutes - 10/05/98 City Attorney Hutton spoke regarding the latest developments in the situation. She referred to a letter from city code enforcement. She spoke regarding the trial date that has been set. City Attorney Hutton explained how Ms. Zagustin has exercised all her rights afforded by the constitution to persons involved in criminal complaints. The City Attorney presented an extensive report. Discussion was held between Councilmember Garofalo and the City Attorney. Police Chief Lowenberg reported. City Clerk Brockway informed the Council that two speakers had just approached her requesting to address this issue; that she had informed the speakers that the Public Comments portion of the agenda had passed; however, their requests had brought to her attention that this item was not on the City Council agenda. The City Clerk spoke regarding the need for her office to be informed when a report of this type is to be presented so that it may be placed on the City Council agenda. (A report titled Council Meeting Agenda Item C-2; 1015198 - City Administrator's Status Report; Presented by the City Attorney - Status of Prosecution and Enforcement at 16862 Morse Circle was provided to the City Clerk at the meeting.) (CITY COUNCIL) REPORT FROM DIRECTOR OF PUBLIC WORKS REGARDING ORANGE COUNTY WATER DISTRICT YEAR 2020 MASTER PLAN At the request of the City Administrator, Public Works Director Beardsley presented a report regarding the efforts of the Orange County Water District to prepare an updated master plan to guide the water supply policies which will serve our water basin over the next 20+ years. He referred to the late communication which had been announced earlier by the City Clerk dated October 5, 1998 titled Orange County Water District Year 2020 Master Plan. Councilmember Bauer reported at length on the subject stating that the ultimate resolution is salt water desalinization_ (CITY COUNCIL) PUBLIC HEARING CONTINUED OPEN FROM SEPTEMBER 21, 1998 — APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT NO. 98- 201VARIANCE NO. 98-6 — ANTON RESIDENCE — (JENSEN HOME IMPROVEMENT) 113- 11T" STREET — (NORTH SIDE, WEST OF WALNUT AVENUE) — VARIANCE DENIED -- CONDITIONAL USE PERMIT REFERRED BACK TO THE ZONING ADMINISTRATOR FOR REDESIGN (420.40) Mayor Dettloff announced that this was the meeting set for a public hearing continued open from the meeting of September 21, 1998 to consider an appeal filed by Ron Anton to the denial by the Planning Commission of the following request: Appellant: Ron Anton. Applicant: Jensen Home Improvements. Request: Appeal to the Planning Commission's denial of a request to permit a 320 square foot, third story deck enclosure with two (2) deviations to the zoning code: 1) to allow a third story roof peak of 30 feet in lieu of maximum 25 feet in the rear 25 foot setback area of the property; and 2) to allow 3,195 square feet of building area in lieu of maximum 2,875 square feet (a floor area ratio of 1.11 in lieu of maximum 1.0). Location: 113-11ti' Street (north side, west of Walnut Avenue). PV 10/06/98 — Council/Agency Minutes — Page 9 Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act. Scott Hess, Senior Planner, presented a staff report. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Mayor Dettloff declared the hearing open. RON ANTON, applicantlappellant, presented a slide report. He spoke in support of his application. He pointed out the location of those property owners' residences whose owners support his project. He informed Council of reasons why he does not believe this will set a precedent. A discussion was held between Council and staff. Mr. Anton responded to questions regarding floor area ratio. LISA ANTON, applicant/appellant, stated that due to allergies, she wished to glass enclose a pre-existing deck so that the family can enjoy this portion of the house. She stated they were asking only to enclose a pre-existing deck. She informed Council none of her neighbors have objections and that she has five letters of recommendation. JOHN WEBB stated that he resides at 111-111h Street. He stated that he had reviewed the plan and believes that it adds to the value of the neighborhood. GARY POPE stated that he lives at 112-111h Street, and he favors the project as he believes it will enhance the area. DAVE RICE informed Council that he resides across the street from the Anton residence and he believes the property values will be enhanced. He requested approval of the application. JOHN JENSEN, contractor for the project, stated that views will not be obstructed. He informed Council of the material that would be used to enclose the patio area. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Green, second Bauer, to approve the following Planning Commission and staff recommendation: 1. Uphold the Planning Commission's action and deny Variance No. 98-6 with findings for denial as set forth in Attachment No. 1 to the Request for Council Action dated September 21, 1998. FINDINGS FOR DENIAL — VARIANCE NO. 98-6: 1. The granting of Variance No. 98-6 for a third story addition would constitute a grant of special privilege inconsistent with limitations placed upon other properties in the vicinity and under an identical zone classification. Variances to the maximum 25-foot height 44 Page 10 - Council/Agency Minutes - 10/05/98 limit within the rear 25 feet of the property and to the maximum floor area ratio have not been granted to properties under a similar zoning classification. 2. There are no special circumstances applicable to the subject property, including size, shape, topography and location or surroundings. The strict application of the zoning ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is flat and rectangular in shape with street frontage and alley access. 3. The granting of a variance is not necessary to preserve the enjoyment of one or more substantial property rights. The property owner currently has a third story as well as a third story deck which enables him to enjoy views from the third story as well as increased function of the home with a third story which many of the two story property owners within the general vicinity are not able to enjoy. 4. The granting of the variance would be materially detrimental to the public welfare or injurious to property in the same zone classification. The proposed third story addition, if approved, would set precedence for other property owners to exceed the floor area ratio and maximum heights which have been established to reduce the massing and bulk of structures, creating a less imposing streetscape and a more livable environment_ 5. The granting of the variance would adversely affect the General Plan. It is inconsistent with the Land Use Element designation of Residential High Density on the subject property. The deck enclosure will not be architecturally compatible with the existing home and adjacent residences and is not consistent with the following goals and policies of the General Plan: a. Require that single-family residential units be designed to convey a high level of quality and character. (LU 9.1.2) b. Require that all new residential development within existing neighborhoods be compatible with existing structures. (LU 9.2.1) and 2. Refer Conditional Use Permit No. 98-20 back to the Zoning Administrator for redesign. Councilmember Julien asked if the maker of the motion would hold a denial of the variance in abeyance until a study of the patio closure is made. A discussion was held by Council. Mayor Dettloff requested that staff work with the applicant to see if some resolve can be made on this issue. The motion made by Green, second Bauer, carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None 10/05/98 — Council/Agency Minutes — Page 11 (CITY COUNCIL) PUBLIC HEARING AMENDMENT OF THE CIRCULATION PLAN OF ARTERIAL STREETS AND HIGHWAYS — ADOPTED RESOLUTION NO. 98-76 — TO INCLUDE SEGMENT OF INDIANAPOLIS AVENUE BETWEEN BEACH BOULEVARD AND LAKE STREET AS A COLLECTOR STREET (440.50) Mayor Dettloff announced that this was the meeting set for a public hearing to consider the following: Applicant: City of Huntington Beach. Request: To amend the Circulation Plan of Arterial Streets and Highways to include the segment of Indianapolis Avenue between Beach Boulevard and Lake Street as a Collector. Location: Indianapolis Avenue between Beach Boulevard and Lake Street. Environmental Status: Categorically Exempt from the provisions of the California Environmental Act. Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Planning Department's slide show presentation dated October 5, 1998 titled Amendment to Circulation Plan of Arterial Streets and Highways had been announced earlier in the meeting under Late Communications by the City Clerk. Senior Planner Broeren presented a slide report. Mayor Dettloff declared the hearing open. There being no one to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Bauer, second Green, to approve the following Planning Commission and staff recommendation: Approve Amendment to the Circulation Plan of Arterial Streets and Highways and adopt Resolution No. 98-76 as set forth in Attachment No. 1 to the Request for Council Action dated October 5, 1998 - "A Resolution of the City Council of the City of Huntington Beach to Amend the Circulation Plan of Arferial Streets and Highways Map by Approving the Addition of Indianapolis Street, between Beach Boulevard and Lake Street a Collector Street. " The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer NOES: None ABSENT: (Sullivan and Garofalo out of room) (CITY COUNCIL) PUBLIC HEARING (GENERAL PLAN AMENDMENT NO. 98-3 CIRCULATION ELEMENT) ADOPTED RESOLUTION NO. 98-77 (440.50) Mayor Dettloff announced that this was the meeting set for a public hearing to consider the following: Applicant: City of Huntington Beach. Request: To amend the General Plan Circulation Element to include the amended Circulation Plan of Arterial Streets and Highways. Location: EE Page 12 - Council/Agency Minutes - 10/05/98 Citywide. Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act. General Plan Amendment No. 98-3 is requested to amend the General Plan Circulation Element to include the Circulation Plan of Arterial Streets and Highways dated September, 1998. The Circulation Plan would be added as Figure CE-13 in the General Plan, and wording on Page III-CE-7 would be added to reference the new figure. The plan would include the recent amendment to add the segment of Indianapolis between Beach Boulevard and Lake Street as a collector street. The amendment to the Circulation Element is necessary for the city to maintain eligibility for Measure M funds which the city uses for street improvement projects. The Planning Department's slide show presentation dated October 5, 1998 titled General Plan Amendment No. 98-3 (Circulation Element) had been announced earlier in the meeting under Late Communications by the City Clerk. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. There being no one to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Bauer, second Harman, to approve the following Planning Commission and staff recommendation: Approve General Plan Amendment No. 98-3 with findings as set forth in Attachment No. 1 to the Request for Council Action dated October 5, 1998 and adopt Resolution No. 98-77 — "A Resolution of the City Council of the City of Huntington Beach to Amend the Circulation Element of the General Plan to Include the Circulation Plan of Arterial Streets and Highways. " The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer NOES: None ABSENT: (Julien, Sullivan and Garofalo out of room) CONSENT CALENDAR -- ITEMS APPROVED On motion by Green, second Bauer, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer NOES: None ABSENT: (Sullivan and Garofalo out of room) Councilmember Harman requested to be recorded as casting an abstention on the Consent Calendar item regarding Repair and Replacement of Street Improvements (MSG 398) and plans and Specifications and Solicitation of Bids for Scenario Drive and Approval of Sample Construction Contract. 100 10/05/98 — CouncillAgency Minutes — Page 13 (CITY COUNCILIREDEVELOPMENT AGENCY) MINUTES (120.65) - Approved and adopted the minutes of the City Council/Redevelopment Agency adjourned meeting of September 14, 1998 and regular meeting of September 21, 1998 as written and on file in the Office of the City Clerk. Councilmembers Julien, Sullivan and Garofalo requested to have their votes recorded as abstentions for the September 14, 1998 Council minutes. (CITY COUNCIL) APPROVED AND ACCEPTED TRAFFIC SAFETY GRANT TO POLICE DEPARTMENT FROM STATE OF CALIFORNIA — "ZERO TOLERANCE" ALCOHOL SCREENING (340.80) — 1. Approved and accepted Project Grant AL 9904 between the State of California Office of Traffic Safety and the City of Huntington Beach; 2. Approved the appropriation of $127,002.00 from the unappropriated General Fund Balance. (To be reimbursed by the grant from the Office of Traffic Safety.); and 3. Authorized the expenditure of funds not to exceed $127,000.00 for the purpose of preliminary alcohol screening devices, printers for the devices, and to cover the unbudgeted overtime for enforcement of the Zero Tolerance Statutes of the California Vehicle Code. (CITY COUNCIL) APPROVED CONTRACT FOR POLICE DEPARTMENT JAIL SERVICE WITH CITY OF GARDEN GROVE FOR DETAINEES HELD IN CUSTODY (600.10) — Approved and authorized execution of "Intergovernmental Service Agreement Between The City Of Huntington Beach And The City Of Garden Grove For The Detention At The Huntington Beach Police Department Of Detainees Held In Custody By The Garden Grove Police Department. " (CITY COUNCIL) APPROVED CONTRACT FOR POLICE DEPARTMENT JAIL SERVICE WITH CITY OF FOUNTAIN VALLEY FOR DETAINEES HELD IN CUSTODY (600.10) — Approved and authorized execution of "Intergovemmental Service Agreement Between The City Of Huntington Beach And The City Of Fountain Valley For The Detention At The Huntington Beach Police Department Of Detainees Held In Custody By The Fountain Valley Police Department. " (CITY COUNCIL) APPROVED AMELCO CONSTRUCTION CONTRACT FOR MECHANICAL SCREENING AT PECK RESERVOIR PUMP STATION - CC-696 (600.80) —1. Approved the selection of Amelco Construction for the construction of mechanical screening at the Peck Reservoir Pump Station; and 2. Authorized the Mayor and City Clerk to execute an appropriate construction contract in the amount $42,000; and 3. Authorized the Director of Public Works to expend a total of $48,000 including the contract amount of $42,000, anticipated construction change orders of $4,200, and supplemental expenditures of $1,800. (CITY COUNCIL) APPROVED AND ADOPTED LANDSCAPE LICENSE AGREEMENT BETWEEN CITY AND J. T. DEVELOPMENT COMPANY — TENTATIVE TRACT NO. 14352(R) AND CONDITIONAL USE PERMIT NO. 90-39R (PLAZA ALMERIA) (600.10) —Approved and authorized the Mayor and City Council to execute the "License Agreement By And Between The City Of Huntington Beach And J. T. Development Co., LLC To Provide Landscaping And Other Improvements In The Public Right -Of --Way" and authorized the City Clerk to record the Agreement with the Orange County Recorder. 101 Page 14 - Council/Agency Minutes - 10/06198 (CITY COUNCIL) APPROVED THE RELEASE OF SECURITIES FOR TRACT NOS. 13821 & 13527 AND ACCEPTED THE PUBLIC IMPROVEMENTS — PACIFIC COAST HOMES (PENINSULA I PARTNERS) — EIS SEAPOINT AVENUE, SIO GARFIELD AVENUE (420.60) — 1. Accepted the improvements constructed and dedicated for public use within Tract No. 13821 & 13527; 2. Released Faithful Perform ancelLabor & Material Bond No. 111-32540003 and Monument Bond No. 111-32539997 pursuant to California Government Code Section 66466.7(b); 3. Accepted Guarantee and Warranty Bond No. SCR 111 3254 0003 (The American Insurance Company), the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; 4. Instructed the City Clerk to notify the developer, Pacific Coast Homes, of this action and the City Treasurer to notify the bonding company, The American Insurance Company, of this action; and 5. Instructed the City Clerk to record the "Notice of Acceptance of Public Improvements" (attached) with the Orange County Recorder. (CITY COUNCIL) APPROVED PROFESSIONAL SERVICES CONTRACT WITH INFO.SYS BUSINESS SOLUTIONS — MAINTENANCE FOR ACCOUNTS PAYABLEIRECEIVABLE & PAYROLL PROGRAMS (600.10) — 1. Approved and authorized the Mayor and City Clerk to execute a contract with Info.Sys Business Solutions for supplying contract personnel to perform software maintenance on the city's Accounts Payable, Accounts Receivable, and Payroll programs - Professional Services Contract Between The City Of Huntington Beach And Info. Sys Business Solutions For Computer Programming Services And Services Upkeep Regarding The City's Payroll And Accounts Payable And Receivable Systems; and 2. Authorized the transfer and expenditure of existing salary and benefits funds to a contract services account. (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-75 —APPROVES AMENDMENT TO C1TY'S CLASSIFICATION PLAN —ADDS CLASSIFICATIONS OF TRANSPORTATION MANAGER AND TREASURYICASH MANAGER — DELETES CLASSIFICATION OF TRAFFIC ENGINEER (700A 0) —Adopted Resolution No. 98-75 — "A Resolution of the City Council of the City of Huntington Beach to Amend the City Classification Plan by Adding New Classifications Entitled Transportation Manager and Treasury/Cash Manager and Deleting the Classification of Traffic Engineer" adding two (2) new classifications and deleting one (1) classification as follows: Additions: Transportation Manager (R-560) and Treasury/Cash Manager. Deletion: Traffic Engineer. (CITY COUNCIL) APPROVED REPAIRIREPLACEMENT OF STREET IMPROVEMENTS — MSC 398 —APPROVED PLANS & SPECIFICATIONS & SOLICITATION OF BIDS — SCENARIO DRIVE — APPROVED SAMPLE CONSTRUCTION CONTRACT (600.90) — 1. Approved plans and specifications and authorized the Director of Public Works to solicit construction bids for the repair/replacement of applicable public improvements along Scenario Drive — MSC-398, and 2. Approved the attached Sample Construction Contract subject to award of contract to lowest responsible bidder. Councilmember Harman abstained from voting on the agenda item regarding repair and replacement of street improvements — MSC 398 — Scenario Drive due to a conflict of interest as the Harman Trust owns a residence on Scenario Drive. He requested that the City Clerk record his abstention on this item. 102 10/05198 — Council/Agency Minutes — Page 15 (CITY COUNCIL) ADOPTED RESOLUTION NO. 98-68 REQUESTING CALTRANS APPROVAL OF CLOSING PACIFIC COAST HIGHWAY FOR THE HUNTINGTON BEACH PACIFIC SHORELINE MARATHON RUN — JANUARY 31, 1999 (960.50) The City Council considered a communication which had been continued from the September 21, 1998 Council meeting from the Community Services Director regarding a proposal that the city host the Pacific Shoreline Marathon in Huntington Beach on January 31, 1999 and submitting a resolution for adoption by Council requesting that Caltrans approve the closing of Pacific Coast Highway for the Huntington Beach Pacific Shoreline Marathon Run. Earlier in the meeting, the City Clerk had announced that the following late communications had been provided to the City Council: Communication from Robbie Thomas dated September 30, 1998 in support of the City of Huntington Beach hosting the Pacific Shoreline Marathon Communication from Edward J. Kowalchuk dated September 30, 1998 in support of the City of Huntington Beach hosting the Pacific Shoreline Marathon Community Services Director Hagan presented a staff report. He informed Council that the Huntington Beach Conference and Visitors Bureau's estimate of the amount of money spent by runners including hotel stays. He stated that Super Bowl Sunday is usually a very slow day. Community Services Director Hagan informed Council that $2,000 in permit fees are paid to the city. He reported on the amount of money the promoters donate to Huntington Beach charities. Community Services Director Hagan confirmed that Huntington Beach is mentioned on the trademark portion of the material from the promoter. Considerable discussion was held. Community Services Director Hagan stated that a process would be set up to track transient occupancy tax derived by the city. He responded to Councilmember Sullivan's concerns regarding start and end times for the event and what amount the promoter would ask for the city to fund in order to have the event named after Huntington Beach. He stated that he is not certain at this point that he would even recommend that it be named after the city but that it is important that Huntington Beach be included in the trademark. A motion was made by Garofalo, second Green, to adopt Resolution No. 98-68 — "A Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the Closing of Pacific Coast Highway for the Huntington Beach Pacific Shoreline Marathon Run. " The motion carried by the following roll call vote: AYES: Julien, Green, Dettloff, Bauer, Garofalo NOES: Harman, Sullivan ABSENT: None Request For Specific Events Committee Review Of Shoreline Marathon Run Councilmember Garofalo requested that the Specific Events Committee review the project with a report back to Council 30 days following the event. 103 Page 16 - Council/Agency Minutes - 10/05/98 In response to Councilmember Harman's question, Deputy City Attorney McGrath stated that leaving the title of the resolution as written which includes the name Huntington Beach is allowable due to the fact that this resolution is for the purpose of transmitting to Caltrans. (CITY COUNCIL) HOLLY-SEACLIFF AFFORDABLE HOUSING PLAN AMENDMENT NO. 1 — REQUEST BY PLC LAND COMPANY — CONTINUED TO NOVEMBER 16, 1998 (430,50) The City Council considered a communication from the Planning Director transmitting a request by PLC Land Company to amend the Holly-Seacliff Affordable Housing Plan to allow rental units at the median income level to meet affordable housing goals. The Affordable Housing Plan currently allows for moderate income level (120 percent of county median income) for -sale units only. No change is proposed to the for -sale unit provisions. The Planning Commission denied the request and is recommending denial (Recommended Action -A) because the cost of rental units at median income limits are comparable to market rents and would not be "affordable." Staff is recommending approval with modifications to limit the rents to low and very low income levels (Recommended Action-B) because the allowance of affordable rental units is consistent with city goals and policies. The City Clerk had announced earlier in the meeting the following late communication on this item which had been provided to the City Council: Communication from the Planning Director dated October 5, 1998 regarding a request from PLC Land Company for continuance of Holly-Seacliff Affordable Housing Plan Amendment to November 16, 1998. Earlier in the meeting, the Mayor had announced, with Council concurrence, that this item would be continued to November 16, 1998. (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3406 — PRECISE PLAN OF STREET ALIGNMENT NO. 98-1 — MODIFIES THE ADOPTED ALIGNMENT OF THE FUTURE EXTENSION OF PACIFIC VIEW AVENUE BETWEEN HUNTINGTON STREET & BEACH BOULEVARD (WATERFRONT HOTEL EXPANSION PROJECT) (600.30) — Ordinance No. 3406 — "An Ordinance of the City of Huntington Beach Amending District Map 16 of the Huntington Beach Zoning and Subdivision Ordinance to Include Precise Plan of Street Alignment No. 98-1 In Conjunction with Tentative Tract Map No. 15535, Conditional Use Permit No. 97-46, and Coastal Development Permit No. 97-15." Public hearing and introduction approved September 14, 1998; however, because the title of the ordinance was read incorrectly, a new second reading by title is required. A motion was made by Green, second Harman, to approve the adoption of Ordinance No. 3406 after City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None 104 10/05/98 — Council/Agency Minutes — Page 17 (CITY COUNCIL) PROPOSAL FOR A NEW SENIOR CENTER ON THE CAMPUS OF GOLDEN WEST COLLEGE — MAYOR PRO TEM GREEN'S RECOMMENDATION APPROVED (590.10) The City Council considered a communication from Mayor Pro Tern Green informing that after years of planning and negotiating, the Hoover-Gothard connection is to become a reality and recommending that when completed consideration be given to locating a new senior center at the added property between the present and the realigned Gothard Street to Golden West College. Mayor Pro Tern Green presented a report. He stated that the county and city of Westminster possibly could be co-funders of the project. A motion was made by Green, second Bauer, to direct staff to discuss this proposal with members of the Council on Aging, other interested seniors, and Golden Vilest College officials possibly in a joint meeting to explore the feasibility of locating a new senior center on the campus of Golden West College. Councilmember Sullivan informed the City Council that the Gothard-Hoover corridor has been set back by the Orange County Transportation Authority for approximately four years. Councilmember Green stated his disappointment upon hearing this news. Councilmember Sullivan stated that this is the reason that he hoped Councilmember Harman would be appointed to the Orange County Transportation Authority. The motion made by Green, second Bauer, carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: (Julien and Garofalo out of room) ADJOURNMENT — CITY COUNCILIREDEVELOPMENT AGENCY A motion was made by Dettloff, second Green, to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach at 10:35 p.m. to Monday, October 19, 1998 at 5:00 p.m, in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: (JWen and Garofalo out of room) City Clerk and ex-officio Clerk of"the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California 105 Page 18 - Council/Agency Minutes-10/05198 ATTEST: City Cierk/Clerk 106 M or Chairma