HomeMy WebLinkAbout1999-08-02 (7)MINUTES
CITY COUNCILIREDEVELOPMENT 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, August 2, 1999
A videotape recording of the 7:00 p.m. portion of this meeting
is on file in the Office of the City Clerk.
CALL TO ORDER
Mayor Green 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, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan (Harman arrived at 5.30 p.m.)
Absent: None
(CITY COUNCILIREDEVELOPMENT AGENCY) STUDY SESSION REGARDING: INFORMATION
SYSTEMS STATUS UPDATE (100.30)
The City Council were shown a slide presentation titled Information Systems Status Update
prepared by Fire Chief Dolder.
City Administrator Silver informed Council that the staff and he believe that the city's plans for
information technology update is one of the city's most important projects.
Fire Chief Dolder presented a staff report. He referred to his slide presentation which covered
subjects including: Optical Imaging, Internetlintranet Access, Mainframe, and Critical Business
Systems.
Following the slide presentation discussion was held between the City Councilmembers and
Fire Chief Dolder. Councilmember Bauer expressed concerns regarding portions of the
presentation and stated he would like to see a working demonstration relative to the proposed
technology. Mayor Pro Tern Garofalo presented questions regarding the report including
whether at Council meetings the Council will be able to access their agenda packet from lap top
computers. Fire Chief Dolder responded this could be a future implementation.
A motion was made by Dettloff, second Garofalo to recess to Closed Session the following
items: The motion carried by unanimous vote.
(City Council) Closed Session - City Council pursuant to Government Code Section 54957.6
to meet with its designated representatives William Osness, Personnel Director, and Daniel
Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and
confer with the following employee organizations: MSOA, POA, PMA, MEA, MEO, HBFA and
SCI_EA. (120.80)
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(City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a)
to confer with its attorney regarding pending litigation which has been initiated and to which the
city is a party. The title of the litigation is City of Huntington Beach v. Petersen Law Firm, et al.; -
Civil No. G024121, Orange County Superior Court Case No. 782493. Subject: City of
Huntington Beach v. The Petersen Law Firm, et al. (120.80)
(City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(a) .
to confer with its attorney regarding pending litigation which has been initiated formally and to
which the city is a party. The title of the litigation is City of Huntington Beach v. PERS, - Orange
County Superior Court Case No. 77 99 58. Subject: City of Huntington Beach v. PERS. (120.80)
(City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(b)(3)(A)
to confer with its attorney regarding pending litigation. (Facts and circumstances that might result in
litigation against the local agency but which the local agency believes are not yet known to a potential
plaintiff or.plaintiffs, which facts and circumstances need not be disclosed.) Number of Potential
Cases 1. Subject: Potential Litigation. (120.80)
Discussion was held regarding the Closed Session items pertaining to potential litigation and whether
this subject is an appropriate topic for Closed Session.
Following discussion a motion was made by Sullivan, second Garofalo to recess to closed session on
all. the aforementioned closed session items with the exception of potential litigation; if it is determined
that the item is appropriate for discussion then the Council will reconvene to open session and make a
motion to consider the closed session. The motion made by Sullivan, second Garofalo carried by the
following roll call vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Sullivan
NOES: Harman
ABSENT: None
RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING
Mayor Green reconvened the regular meetings of the City Council and Redevelopment Agency
in the Council Chamber at 7:25. p.m.
The City Council considered whether or not to recess to closed session on the following subject:
(City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(b)(3)(A)
to confer with its attorney regarding pending litigation. (Facts and circumstances that might result in
litigation against the local agency but which the local agency believes are not yet known to a potential
plaintiff or plaintiffs, which facts and circumstances need not be disclosed.) Number of Potential
Cases 1. Subject: Potential Litigation. (120.80)
On motion by Dettloff, second Green Council determined not to recess to closed session on the
aforementioned item. The motion carried by the following roll call vote:
AYES: Julien, Bauer, Green, Dettloff, Harman
NOES: Garofalo, Sullivan
ABSENT: None
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CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL
Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
Absent: None
FLAG CEREMONY AND PLEDGE OF ALLEGIANCE
The Flag Ceremony and Pledge of Allegiance were presented by Mayor Pro Tern Garofalo.
INVOCATION
The invocation was led by a member of Baha'i Faith of Huntington Beach.
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 show presentation from the City Treasurer dated August 2, 1999 titled Treasurer's Report,
Shari L. Freidendch, CPA, CCMT.
Communication from Kathy Kurjan dated August 2, 1999 requesting that additional wording be
added to Mitigation Measure 1 so that the westbound side of Slater receives the street markings
"Keep Clear" at both entrances and exits to require motorists not to block the openings at Duello
Drive and Lucero Lane.
Slide show presentation from the Planning Director dated August 2, 1999 titled Master
Environmental Impact Report No. 99-1 for the Master Plan of Recreation Uses for Central Park.
Slide show presentation from the Planning Director dated August 2, 1999 titled Downtown
Outdoor Dining With Alcohol —Zoning Text Amendment No. 98-4.
Communication from Frank M. Cracchiolo to Avaham Shemech, CIM Group, dated August 2, 1999
transmitting a basic offer for a Land Lease Alternative in regards to the Huntington Beach
Redevelopment Plan and extension and modification of eminent domain authority for residential
properties in portions of the Main -Pier subarea.
PRESENTATION — Mayor Peter Green to presented the Mayor's Award to Sarajane Gorgura,
Legal Secretary, City Attorney's Office. City Attorney Gail Hutton spoke regarding the many
qualities cited by her coworkers in their nomination of Sarajane for this award.
PRESENTATION To Mayor Peter Green, Diane Baker, CEO & President, Conference & Visitors
Bureau and Co -Chair, Turn of the Century Committee, and to Mayor Pro Tern Dave Garofalo,
Co -Chair, Turn of the Century Committee and city liaison, by Bill Holman, Director of Planning,
PLC Land Company a check in the amount of $20,000, proceeds from the PLC Land
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Company's V Annual "Life At The Beach Golf Toumament" far the Turn of the Century
Celebration in Huntington Beach 2000.
PUBLIC COMMENTS
VIRGINIA SIMS, expressed concern regarding the Fourth of July parade during which she
believes Pat Boone the Fourth of July Parade Grand Marshal was treated unfairly by the
announcers from KFI radio station assigned to cover the parade. She informed Council that she
believes a letter of apology should be forwarded to Mr. Boone.
DAVID COHEN, representing Southern California Roofing, informed Council of the reasons he
believes their bid on the repair of the city hall roof should not have been rejected. He requested
a review of the matter. Mr. Cohen was referred by Council to the Public Works Director.
City Administrator Silver stated that a report would be sent to Council regarding Mr. Cohen's
allegations.
DON MC GEE, addressed Council in opposition to the planes towing banners in the downtown
beach area location. He spoke regarding the noise and asked if anything was going to be done
or will it be left to the FAA when an accident occurs.
JEANETTE CLAPP, spoke regarding the General Plan Conformance No. 99-1 alley vacation
that was approved by the Planning Commission on June 20, 1999. She distributed a
communication to Council regarding the proposed alley vacation. The communication consisted
of a memorandum dated July 26, 1999 from the City Clerk to the Mayor and City Council titled
Petition in Opposition to Permanent Closure to the Public Alley Running East and West in the
Twelve Hundred Block Bounded by Main/Adam/Park/Lorna with an Attachment of a Petition
signed by Residents Opposed to Said Closure. The petition contained 17 signatures; attached
to it was the Planning Department staff report and Planning Commission agenda on the subject.
She distributed this communication to the City Councilmembers and the City Clerk. Ms. Clapp
spoke regarding the reasons why she believes the alley is needed by the residents.
Councilmember Bauer requested that the Council be informed regarding this matter.
SHANAZ RAZA, stated she wished to bring a drainage problem to the City Council's attention.
She stated the problem occurs because the water collects. She stated that years ago she and.
her husband had fallen on the area. She stated that she has submitted letters and requested a
written response but had not yet received one. She requested that action be. taken on this
drainage problem in the area of Flagstaff Lane.
BOB BOLEN, stated that he was to speak on the public hearing item relative to Zoning Text
Amendment No. 98-4 - Downtown Outdoor Dining w/Alcohol. He requested permission to
speak at this time as he had to leave for a trip in the morning. He presented reasons for his
opposition to outdoor dining with alcohol, including reference to a recent incident where a police
officer was injured from a person drinking. He related an incident in the downtown area where
police and fire had to respond which costs the city a considerable amount of money.
KATHERINE JOHANSEN, stated that her family owned over 400 apartment units many of
which are in the Oak View area. She stated that one recent murder had occurred at a unit
adjacent to her property. Ms. Johansen read the letter to the City Council that she stated she
had sent and to which she had not yet received a response. She spoke regarding what she
believes is a lack of a safe, clean environment in this area. She cited the comparison statistics
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she had received from the Police Department on calls received for this area and for other areas
in the city.
At Mayor Pro Tern Garofalo's request, City Administrator Silver reported on the large amount of
funds expended in the Oak View area. Police Captain Cutshaw stated that Oak View and the
downtown area are the only areas in the city were specific officer staffing is made. He spoke
regarding the officer cut from four to two. He spoke regarding the steps taken since the
murders and that Lieutenant Ochoa had been in contact with Ms. Johansen. Captain Cutshaw
spoke regarding the police sub station which is there specifically to provide assistance to the
Oak View area. City Administrator Silver spoke regarding the effort in this area including the
graffiti removal program and the proposal coming before Council on August 16, 1999 relative to
code enforcement. Counciimember Dettloff spoke regarding the tremendous effort of the Police
Department to keep children from joining gangs and also the Oak View Task Force Property
Owners Group. Councilmember Bauer recommended that the City Council liaison members
meet with Mr. Johansen on this matter.
PAULETTE CREAZZO, stated she is a manager of a complex in the Oak View area. She
thanked the Council for the information she had just heard and the police support. She
requested that the day laborers be removed from the area. Ms. Creazzo stated that these
people need help and suggested the Council go to the neighborhood at night and view the
situation.
JOHN SCOTT, Southeast Huntington Beach Neighborhood Association, distributed a
communication regarding the Orange County Sanitation District Environmental Impact Report.
The communication submitted was dated August 2, 1999 and titled Re: OCSC Strategic Plan
and Environmental Impact Report. He submitted this communication to the City Clerk and City
Councilmembers. He requested that Council express their concerns when the Environmental
impact Report is considered by the Orange County Sanitation District. Mr. Scott stated that they
had checked the Sanitation Board records and there were more than the five complaints
regarding odors as had been stated in the report. He requested that their neighborhood be
included in the process. He informed Council that he believes some satisfactory resolution can
be found.
JON ELY, Southeast Huntington Beach Neighborhood Association, informed Council that Mr.
Scott had well stated the concerns regarding the odor problems and the actions they
recommend be taken. He spoke regarding the Environmental Impact Report and the subject of
ground water replenishment system; that if the Environmental Protection Agency standards get
stricter they cannot meet the strategic plan. Mr. Ely informed Council that the mitigation
measures must be made and met.
JEFF LEBOW, Vice Chair of CPAB (Citizens Participation Advisory Board), spoke regarding the
item on the Consent Calendar regarding the announcement of a public hearing on Community
Services Department fees. He informed Council that the fees to be charged for the city gym
and pool have already been paid by the poorest people in the community. He informed Council
he would like to see a process by which fees would be charged according to the person's ability
to pay and that means testing be considered part of the process.
JIM MARTIN, addressed Council in opposition to adoption of Ordinance No. 3419 - Pacific
Coast Highway lot redesignation scheduled later on the Council agenda. He stated that he
believes the property should remain zoned commercial so that the city does not lose revenue.
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THERESA ROBERTS, Crest View United, spoke regarding her opposition to the Wal-Mart
project planned at the closed Crest View school site. She referred to a city pamphlet that
boasts five acres of park for every 1,000 residents and stated that the Crest View residents just
want a part of that pie.
ABIGAIL FRANCIS, spoke against the proposed nude juice bar planned in the Crest View area
of the city.
PAT EVANS, stated that she wished to informed Council that they are still opposed to the Wal-
Mart project being built in the Crest View area. She informed Council that her visitors from
Phoenix stated that Wal-Mart and Wards have turned around a run down mall in that city. Ms.
Evans questioned why this could not be done at Huntington Center.
ROBERT CRONK, spoke regarding their opposition to the Wal-Mart project at the Crest View
school site. He spoke regarding the ballot initiative being circulated in the city, the amount of
signatures .needed, and the proposed cost of the election. Mr. Cronk stated that the people will
be submitting 22,000 signatures on a petition to the City Clerk on Wednesday, August 4, 1999
at 11:00 a.m.
BARBARA BOSKOVICH, spoke regarding the initiative petition to be presented to the City
Clerk on Wednesday morning. She stated that it is the volunteers and people all over the city
who have made the effort successful. Ms. Boskovich stated that the use of the property owned
by the school should benefit the people. She stated that she hopes the Council will vote to
repeal the zoning, return the Crest View property to residential zoning, and avoid an election on
the matter.
MIKE NELSON, spoke regarding the people who have addressed Council in opposition to Wal-
Mart for reasons such as public safety. He stated that he knows Council has good intentions
and that bad decisions are made. He expressed his hope that Council will reevaluate their
decision.
DEBBIE JOSEPHSON, stressed that the Wal-Mart project does not have proper entrance and
exit. She stated reasons why the proper location for Wal-Mart is the Huntington Center and that
it would turn Huntington Center into a viable shopping center. Ms. Josephson stated that the
Catholic Church was turned away from buying the property. She spoke regarding the loss of
the Rancho View school site where Eagle Hardware is located a mile from Home Depot. Ms.
Josephson informed Council that the city population will be 240,000 in the year 2020 and
questioned where will the additional children play; and will new schools have to be built.
MARVIN JOSPHSON, stated that all of the Crest View United representatives would like to
thank Barbara Boskovich for organizing and leading the petition drive and to thank all the
persons who signed the initiative petition. He stated that Tommy Hilfiger had to sue Wal-Mart
three times in three years for selling fake shirts. He urged the community to read the
Independent Newspaper and Wave Newspaper as well as the Local News to be aware of their
city's activities. He suggested that an opportunity to subscribe to one of these newspapers
through the water bill be offered.
CONNIE BOARDMAN, thanked all the people for signing the initiative petition. She expressed
appreciation to Barbara Boskovich for her leadership on this issue. Ms. Boardman spoke
regarding the Council's ability to rezone the Crest View site back to residential rather than
spend $100,000 on a special election.
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(CITY COUNCIL) APPROVED APPOINTMENT OF COUNCILMEMBERS SHIRLEY
DETTLOFF, DAVE SULLIVAN AND DAVE GAROFALO TO THE CITY COUNCIL A❑ HOC
COMMITTEE FORMED TO DETERMINE DUTIES OF CITY COUNCIL LIAISONS TO
BOARDS & COMMISSIONS (120.25)
The City Council considered a communication from Administration regarding a follow-up to the July
19, 1999 City Council action establishing an ad hoc committee regarding duties of Council liaison
members.
A motion was made by Green, second Dettloff to approve Mayor Green's appointments of
Councilmembers Dettloff and Sullivan and Mayor Pro Tern Garofalo to the City Council Ad Hoc
Committee to Determine Duties of Council Liaisons, formed to better define the role and duties of
Council liaisons and to return with recommendations for consideration by the City Council. The
motion carried unanimously with Councilmember Julien absent from the room.
ANNOUNCEMENT REGARDING SALE OF HUNTINGTON CENTER MALL (MACE -RICH) TO
EZRA-LOW PROPERTIES - EDINGER AVENUE
Economic Development Director Biggs announced the forthcoming sale by Mace Rich owners
of Huntington Center Mall to Ezra Low Properties; that a report will be made in the future as to
what can be expected to be established at the site.
(CITY COUNCIL) REPORT PRESENTED BY PUBLIC WORKS DIRECTOR REGARDING
BEACH BOULEVARD UNDERGROUND UTILITIES DISTRICT NO. 98-01 (350.20)
The City Council received a presentation from the Public Works Director on the report which was
included in their packet dated July 27, 1999 regarding the soon to be completed Underground
Utility Project on Beach Boulevard between Yorktown and Garfield Avenues. The work was
completed in conjunction with GTE and Southern California Edison Company.
(CITY COUNCILIREDEVELOPMENT AGENCY) TRANSMITTAL OF PROPOSED 1999/00 —
2000101 CITY BUDGET (320.20)
The City Administrator presented a report informing Council that copies of the proposed budget have
been prepared and that the first City Council study session is scheduled to be held on Monday, August
9,1999. He informed Council of his request that Councilmembers provide a new listing of alternative
meeting times in late August and through September as two Councilmembers are unable to attend the
budget study sessions planned for August 20 and September 13.
(CITY COUNCIL) REPORT PRESENTED BY PUBLIC INFORMATION OFFICER/DEPUTY
CITY ADMINISTRATOR REGARDING NEW BUS SHELTER INSTALLATION (600.45)
Rich Barnard, Deputy City Administrator - Public Information Officer presented a staff report
relative to the subject of Culver Amherst Company beginning installation of new bus benches
and shelters.
A slide presentation on the above subject was presented by Deputy City Administrator Bernard.
(CITY COUNCIL) REPORT REGARDING STREET MAINTENANCE ACTIVITIES — SEVEN
YEAR RESIDENTIAL STREET RESURFACING PROGRAM (600.90)
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Public Works Director Beardsley presented a report on the city initiated Seven Year Residential
Street Resurfacing Program. The program, now in its fourth year, includes the overlay and
resurfacing of residential streets. On July 26, 1999, All American Asphalt began the overlay of
sixty-one residential streets. This effort will augment staffs' on -going slurry seal program. The
work for both programs is on schedule and will be completed by November.
Public Works Director Beardsley in response to Councilmember Harman's reference to a
speaker's concern during public comments, stated that Flagstaff Lane will be slurry sealed; that
the drainage issue is prevalent around town.
Public Works Director Report Regarding Slurry Seating Of Downtown Alleys
In response to Councilmember Bauer's question regarding downtown alleys as it pertains to
slurry sealing the Public Works Director presented a staff report.
City Hall Roof Repair - Request For Response To Allegations Of David Cohen, Southern
California Roofing
Councilmember Sullivan requested a memorandum regarding Mr. Cohen's statement during
public comments regarding the bid process for the roof repair of the City Hall
Initiative Petition - Rezoning Of Crest View Site (Wal-Mart)
In response to Councilmember Sullivan, the City Clerk informed Council that the Council has the
option of adopting the ordinance as petitioned for, in lieu of placing the issue on the ballot.
(CITY COUNCIL) REVIEW AND ACCEPT CITY TREASURER'S JUNE, 1999 INVESTMENT
SUMMARY REPORT (310.20)
The City Treasurer Freidenrich presented a slide report. At the request of Councilmember
Sullivan, the City Treasurer made a presentation to the public as to the reasons the city appears
to have a negative cash flow:
A communication from the City Treasurer transmitting the Monthly Investment Report for
June, 1999 had been distributed to Council at the meeting and announced by the City Clerk as
a Late Communication.
A motion was made by Harman, second Garofalo to accept the monthly report. Following
review of the report, accept the Monthly Investment Report Summary Of Investment Portfolio for
.tune, 1999, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.
The motion carried unanimously.
(CITY COUNCIL) PUBLIC HEARING — MASTER ENVIRONMENTAL IMPACT REPORT NO.99-1
(MASTER PLAN OF RECREATION USES FOR HUNTINGTON CENTRAL PARK) & ADOPTED
RESOLUTION NO. 99-53 - ADOPTED MITIGATION MONITORING PROGRAM (920.20)
Mayor Green announced that this was the time scheduled for a public hearing to consider the
following subject:
Public hearing to consider:
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Applicant: City of Huntington Beach, Community Services Department
Request: Certification of an environmental impact report for the Master Plan of 157.5 acres in
Huntington Central Park
Location: Between Edwards Street on the west, Gothard Street on the east, Slater Avenue on
the north, and Ellis Avenue on the south
Environmental Status: The above item is covered by Environmental Impact Report No. 99-1
Legal notice as provided to the City clerk's Office by staff had been mailed, published and posted.
Senior Planner Mary Beth Broeren introduced the city consultants, Marie Campbell Marielle Coquia
present at the meeting. Senior Planner Broeren responded to Mayor Green's questions regarding a
concern expressed by a Planning Commissioner who voted against this matter, the concern was
relative to the comparison of the soil condition on the Huntington Central Park site with that of the
Belmont School issue in Los Angeles.
Earlier in the meeting, the City Clerk had announced that the following communications on this item
had been provided to the City Council:
Communication from Kathy Kurjan dated August 2, 1999 requesting that additional wording be
added to Mitigation Measure 1 so that the westbound side of Slater Avenue receives the street
markings "Keep Clear" at both entrances and exits to require motorists not to block the openings
at Duello Drive and Lucero Lane.
Slide show presentation from the Planning Director dated August 2, 1999 entitled Master
Environmental Impact Report No. 99-1 for the Master Plan of Recreation Uses for Central Park.
Mayor Green declared the hearing open.
KATHY KURJAN, addressed Council regarding her involvement in the Master Plan, stating that
many concerns had been met; however, her concern was relative to the need to add wording to
Mitigation Measure No. 1 as set forth in her communication presented to Council during Late
Communications.
JOHN SCANDURA, Chairman of Environmental Board, read statements made to the Planning
Commission on July 13, 1999. He stated that the Environmental Board recognizes this need;
however, he stated there is a need to elaborate on the environmental concerns relative to how land fill
mitigation measures will be met. He informed Council that the Environmental Board had two
recommendations. Mr. Scandura stated that the records of what went into the site are not complete
and what went into the site which could be hazardous is not known; such as; what waste was put in
place, how much landfill gas was produced, toxic emissions, and full extent of waste'in place. He
stated that the city needs to be assured regarding this matter.
There being no persons present to speak further on the matter and there being no further protests
filed, either written or oral, the hearing was closed by the Mayor.
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Marie Campbell, representing Sapphos Environmental, Inc., responded to Councilmember Dettloff s
questions regarding contaminants. She responded that this site is not analogous to the Belmont
School site and explained why. She reported at length.
Marielle Coquia, representing CH2M Hill, spoke regarding the issues and stated that they believe
their firm had sufficient information. She spoke regarding mitigation measures relative to concerns
regarding the effect on wildlife.
Discussion was held regarding the cost to the city of oil well abandonment. Planning Director
Zelefsky responded to Councilmember Bauer's questions as to the role the Environmental Board had
in this process.
JOHN SCANDURA, responded to Council regarding the meetings of the Environmental Board and
the one copy of the Environmental Impact Report that the Board had received and which he had
reviewed. He informed Council that review of these types of sites is what he does in his profession.
He stated that another member, who is also involved in this profession, reviewed it and had concerns
similar to his concerns. Mr. Scandura stated that the 38 tests were made over a twelve-year period
and this was not clear in the Environmental Impact Report. In response to Councilmember Dettloff,
he stated his recommendation would be to take detailed samplings; he presented examples of what
the consultant may have done and what would be preferred. Councilmember Sullivan stated that he
agreed a more detailed sampling is needed which would ensure fiscal soundness.
In response to Councilmember Bauer as to whether the Environmental Board had written its
concerns, Planning Director Zelefsky referred to the Environmental Board letter, dated April 12, 1999
which stated concerns. Senior Planner Broeren stated that there are no new issues being raised by
Mr. Scandura. She spoke further on the matter. She stated that the land fill was not being dug into;
that it is to be covered. Senior Planner Broeren spoke regarding the need to work with other
agencies.
Marielle Coquia, representing CH2M Hill, responded to City Administrator Silver and stated that
investigations were done in 1989, 1990 and one by their firm in 1997 to confirm what they had read in
other documents. She stated reasons why her firm concluded that no additional testing is needed.
Jim Engle, Deputy Director, Community Services Department, outlined the steps that Council will be
asked to approve following certification of the Environmental Impact Report.
Further discussion was held among the Councilmembers.
Councilmember Dettloff spoke regarding the need to do further testing.
A motion was made by Dettloff, second Harman to approve the following recommended actions:
(a) Certify Master Environmental impact Report No. 99-1 as adequate and complete in
accordance with CEQA requirements with a Statement of Overriding
Considerations by adoption of Resolution No. 99-53 (Attachment No. 2 to the
Request for Council Action dated August 2, 1999) — "A Resolution of the City
Council of the City of Huntington Beach Certifying Master Environmental Impact
Report No. 99-1 for the Master Plan of Recreation Uses for Central Park."
and
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(b) Adopt the Mitigation Monitoring Program (Attachment No. 6 to the Request for
Council Action dated August 2, 1999) and as amended to include language from
communication dated August 2, 1999 submitted by Kathy Kurjan relative to the
Mitigation Monitoring Program.
The motion adopted as amended 4-3 (Bauer, Green, Sullivan NO).
Councilmember Dettloff requested that a meeting be scheduled with Mayor Green, herself,
consultants, staff, the City Administrator, and two members of the Environmental Board to
address any concerns raised by the Environmental Board.
(CITY COUNCIL) PUBLIC HEARING — ZONING TEXT AMENDMENT NO.98-4 (DOWNTOWN
OUTDOOR DINING WITH ALCOHOL —APPROVED INTRODUCTION OF ORDINANCE NOS.
3433 & 3434 - APPROVED SAMPLE LICENSE AGREEMENT AS AMENDED (450.20)
Mayor Green announced that this was the time scheduled for a public hearing to consider the
following subject:
Applicant: City of Huntington Beach
Request: To amend the outdoor dining standards to permit the consumption of alcoholic
beverages on public property within the Downtown Specific Plan District.
Location: Downtown Specific Plan Area
Environmental Status: The above item is categorically exempt from the provisions of the
California Environmental Quality Act.
A communication from Ronald Davis Attorney at Law, in support of outdoor dining with alcohol
had been included in the Council agenda packet.
Legal notice as provided to the City clerk's Office by staff had been mailed, published and posted.
Planning Director Zelefsky presented a lengthy slide report.
Fred Speaker, Planning Commission, summarized the reasons why two members of the Planning
Commission had voted against the proposed ordinance stating that it was because the Police Chief
had stated that the city is not yet ready for the ordinance. Planning Commissioner Speaker stated
that the outdoor dining would not be in effect until the Spring of 2000. He spoke regarding the merits
of the proposed license agreement process as opposed to the conditional use permit process.
In response to Councilmember Sullivan, Police Captain Cutshaw stated that the Police Department is
still philosophically opposed to outdoor dining. He stated they recommend a higher height for the
barrier. In response to Councilmember Sullivan, he stated that next summer the Police Department
will still oppose outdoor dining with alcohol. He reported on the reasons the Police Department wants
it contiguous to the business. In response to Councilmember Sullivan, he stated that the Police
Department prefers to have another definition of restaurant than that of the ABC; he also reported on
the Police Department's request for specially marked glasses; that plastic glasses that are marked
would be sufficient. Planning Commissioner Speaker, in response to Councilmember Dettloff, stated
why the Planning Commission did not recommend that it be contiguous to the business as the second
block would need to be reconfigured.
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In response to Mayor Green, Planning Director Zelefsky spoke regarding the reasons the staff does
not believe you can separate the height issue from the aesthetic issue. Councilmember Sullivan
stated that he is concerned with the Police Department's concem that a business could serve
popcorn and then want to serve alcohol as though they are a restaurant. Planning Director Zelefsky
stated that in the staff report there is a list of bonafide establishments. Councilmember Sullivan
presented examples of certain actions that are still occurring which were voted down by the Planning
Commission and Council. Planning Director Zelefsky reported on how the process would work and
listed the safe guards. Discussion was held regarding ABC requirements. In response to
Councilmember Julien, Planning Commissioner Speaker stated the cost would be prohibitive for
specially marked glasses.
Mayor Green declared the hearing open.
Earlier in the meeting, the City Clerk had announced that the following communication on this item
had been provided to the City Council:
Slide show presentation from the Planning Director dated August 2, 1999 entitled Downtown
Outdoor Dining With Alcohol — Zoning Text Amendment No. 98-4.
ARTHUR ROSEN, spoke in opposition, as the already undermanned police department cannot
monitor everyone. He stated that he and others support the police department
recommendation.
KEN VASILIK, Surf City Candy, stated that he would like to see outdoor dining with alcohol as
he believes it would lend itself to responsible families visiting the downtown area.
LORETTA WOLFE, Downtown Residents Association, presented two handout documents. She
presented reasons in opposition. She stated that the city qualified for a grant to deal with
alcohol problems and should not be contemplating considering adoption of the proposed
ordinance.
MARIE ST. GERMAIN, stated that the reality is that Main Street at the present time does not
lend itself to a person being able to have a glass of wine in an outdoor restaurant environment.
She requested that Council support the Police Chiefs recommendation.
STEVE DANIEL, President, Downtown Merchants Association, stated that they voted to support
outdoor dining with alcohol; that Dukes and Chimayos which on public property have it already
and there are kids visiting at the beach in this area. He stated that he believes that it is up to
everybody to enforce the rules. Mr. Daniel stated his support for the Planning Commission
recommendation for a Business Improvement District (BID).
RON DAVIS, spoke in support of outdoor dining with alcohol. He informed Council that the
adult segment of the community will come to the downtown area, that he believes that outdoor
dining with alcohol would upgrade the current restaurants.
KEITH BOHR, spoke in support of outdoor dining with alcohol. He spoke in opposition of the
barrier issue, stating that the Long Board Restaurant had not wanted the barrier but erected it
because the police wanted the barrier. He stated that there is not enough area for the sixth
establishment on the list to have outdoor alcohol with dining.
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MIKE ADAMS, recommended that the Council approve the Planning Commission
recommendations on the proposed ordinance. He stated that he believes the Police
Department recommendation are based on the past and that Council must look to the future.
He stated that he believes that better restaurants such as national chains will be lost if outdoor
dining with alcohol is not approved. Mr. Adams stated reasons why, for aesthetic reasons, a 36
inch barrier is sufficient.
JAMES LANE, addressed Council in opposition to the proposed ordinance to allow outdoor
dining with alcohol. He spoke regarding the permanent hose that is kept to clean the street of
urine in the morning; that many crimes including murder have been committed in the downtown
area. He stated that if this ordinance is passed the downtown residents will be forced to go to
ABC and oppose any new liquor licenses.
There being no further persons present to speak on the matter and there being no further
protests filed, either written or oral, the hearing was closed by the Mayor.
Councilmember Bauer presented reasons why he would oppose outdoor dining with alcohol at
this time as he does not believe the downtown area is ready for the program.
Captain Cutshaw responded to Councilmember Julien regarding Chimayos and Duke's
restaurants, and relative to two police officers that are on duty because of the recently awarded
grant program relative to alcohol. He recounted a recent alcohol incident in the downtown area
to Council.
Straw Votes
A motion was made by Garofalo, second Green to approve Item No. 2: Remove all alcohol at
10:00 p.m.; No alcohol on July Fourth. The motion carried by the following roll call straw.vote:
AYES: Julien, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSTENTIONS: Bauer
ABSENT: None
A motion was made by Garofalo, second Green to approve Item No. 4: Only Bona fide eating
establishments would be eligible. The motion carried by the following roll call straw vote:
AYES: Julien, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSTENTIONS: Bauer
ABSENT: None
A motion was made by Garofalo, second Julien to approve Item No. 1: Variable height of 36" to
40" high. The motion carried by the following roll call straw vote:
Discussion was held that this would be for a trial period of (1) one year.
The motion carried by the following roll call straw vote:
AYES: Julien, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSTENTIONS: Bauer
ABSENT: None
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A motion was made by Garofalo, second Harman to approve Item No, 3: Establishments would
be permitted to serve alcohol within outdoor dining areas in conformance with the existing
standards. The motion carried by the following roll calf straw vote:
AYES: Julien, Garofalo, Dettloff, Hannan
NOES: Bauer, Green, Sullivan
ABSENT: None
A motion was made by Garofalo, second Harman to approve Item No. 5: as recommended by
the Planning Commission, that there be no requirement for containers that serve alcohol to be
made of glass with the establishment name imprinted on each glass.
In response to Councilmember Harman, Police Captain Cutshaw stated that glass identification
would help the Police Department identify the restaurants which are not in compliance.
The motion carried by the following roll call straw vote':
AYES: Julien, Garofalo, Green, Harman
NOES: Dettloff, Sullivan
ABSTENTIONS: Bauer
ABSENT: None
*See revision to this straw vote on Page No. D-22B
A motion was made by Garofalo, second Julien to approve Item No. 6: Eliminate the allowance
for drinking establishments (bars) to provide outdoor dining. The ABC law 23.03.8 was cited.
The motion carried by the following roll call straw vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman
NOES: None
ABSTENTIONS: Bauer
ABSENT: None
A motion was made Garofalo, second Julien to approve Item No. 7: Require a conditional use
permit (CUP) and license agreement. The motion carried by the following roll call straw vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
A motion was made by Garofalo, second Sullivan to approve.ltem No. 8: Require monthly
steam cleaning or high pressure water cleaning of the outdoor dining area. The motion carried
by the following roll call straw vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
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A motion was made by Garofalo, second Dettloff to approve Items Nos. 1 through 8 on which
"straw" votes have just been taken and *to revise straw vote No. 5 to require a numbering
system for the restaurant -glassware and also the 36" height barrier inclusion.
Approve Zoning Text Amendment No. 98-4 with findings for approval (Attachment No. 1 to
the Request for Council Action dated August 2, 1999) and, following a reading by title by the
City Clerk, approve introduction of Ordinance No. 3433 (Attachment No. 2 to the Request
for Council Action dated August 2, 1999) - "An Ordinance of the City Council of the City of
Huntington Beach Amending the Downtown Specific Plan by Amending Section 4.2.33
Thereof Entitled "Outdoor Dining." Amended to require 36" height on barrier and to require
glasses be identified by a number assigned to the establishment.
2. Approve the draft License Agreement By and Between the City of Huntington Beach (it's a
sample agreement so there's no party to read) for Encroachment into the Public Right of
Way as modified (Attachment No. 3 to the Request for Council Action dated August 2,
1999). Amended to include in the sample agreement that the establishment applying for
outdoor dining with alcohol be responsible for cost of barrier.
3. Following a reading by title by the City Clerk, approve introduction of Ordinance No. 3434
approving the necessary modifications to Municipal Code Section 9.44.010 (Attachment
No. 4 to the Request for Council Action dated August 2, 1999) -- "An Ordinance of the City
of Huntington Beach Amending the Huntington Beach Municipal Code by Amending
Section 9.44.010 Thereof Relating to Drinking Alcohol in Public Places."
The motion carried by the following roll call straw vote:
AYES: Julien, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: Bauer
ABSENT: None
Councilmember Bauer presented reasons why he had voted in opposition.
Councilmember Sullivan stated that he believed an association should be formed of the
restaurants which serve alcohol and that the total cost of part-time code enforcement officers
should be prorated among the existing restaurants.
Action Taken on the Seven Minute Actions of the Planning Commission
The City Council then considered the following seven minute action Planning Commission
recommendations which were forwarded to Council by Planning staff.
A motion was made by Garofalo, second Sullivan to approve Planning Commission Minute Action
Recommendation No. 2 of the seven minute actions taken by the Planning Commission as
submitted: The City Council shall adopt a zero tolerance policy regarding enforcement of the
proposed ordinance and revoking of the license agreement for any violations of the proposed
ordinance.
And to approve Planning Commission Minute Action Recommendation No. 3 as submitted.
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The ordinance shall be reviewed following the summer of 2000 (Labor Day) by staff, Planning
Commission and the City Council to evaluate whether operation of outdoor dining with alcohol
should continue.
And approve Planning Commission Minute Action recommendation No. 4 as submitted: All
license agreements shall be reviewed and renewed at the same time annually by staff.
The following Planning Commission Minute Action Recommendation No. 6 was not acted upon
by Council: All establishments which serve alcohol outdoors on public property shall pay a
prorated share of the cost of enforcement to regulate the outdoor dining areas based on the
area leased by the establishment.
Approve Planning Commission Minute Action Recommendation No. 7. This license agreement
is a privilege, not a right to be granted to everyone and should be based on the applicant's past
history and performance.
The motion made by Garofalo, second Sullivan carried by unanimous vote.
A motion was made by Garofalo, second Sullivan to amend the Planning Commission minute
action Recommendation on Item No. 1 to read as follows: The ordinance shall not become
effective until approval of the Coastal Commission and that prior to such Coastal Commission
approval, that staff return to Council with a plan relative to funding a code enforcement officer to
work Friday through Sunday during the hours of operation for alcohol service within outdoor
dining areas.
The motion carried by the following roll call vote:
AYES: Julien, Garofalo, Dettloff, Harman
NOES: Bauer, Green, Sullivan
ABSENT: None
A motion was made by Garofalo, second Julien to approve the Planning Commission minute
action Recommendation No. 6 as follows: The City shall evaluate the possibility of forming a
Business Improvement District (BID) to enable the businesses to maintain the outdoor dining
areas and provide a method of equally distributing enforcement cost amongst the outdoor dining
establishments (i.e., sidewalk cleaning). The motion carried by the following roll call vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman
NOES: Sullivan
ABSENT: None
A motion was made by Garofalo, second Sullivan that the establishment applying for permission
to serve alcohol outdoors on public property be responsible for the barrier and that this
requirement be placed in the license agreement. The motion carried by unanimous vote.
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(CITY COUNCIL) PUBLIC HEARING — APPEAL BY MOBIL OIL COMPANY, OIL MAX & L.C.
SMULL DBA. (BUSINESS PROPERTIES DEVELOPMENT CO.) OF PLANNING
COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 98-89 — REGARDING
AUTOMOBILE REPAIR FACILITY - KHR ASSOCIATESITAMARA SCHIPPERS — S1S
ADAMS AVENUE, E10 MAGNOLIA STREET— 812199 (420.40)
Mayor Green announced that this was the time scheduled for a public hearing to consider the
following appeal:
Applicant: KHR Associates, Tamara Schippers
Appellants: Mobil Oil Company, Oil Max, and L.C. Smull, dba Business Properties
Development Company
Request: Appeal to Planning Commission's approval of a proposal to demolish an
approximately 2,500 square foot building (formerly two (2) story automobile repair
("limited") facility and re -stripe the "Drug Emporium" parking lot to include compact
parking.
Location: 9032 Adams Avenue (south side of Adams Avenue, east of Magnolia Street)
Environmental Status: The above item is categorically exempt from the provisions of the
California Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
The Community Development Department Slide Presentation Report dated July 29, 1999 had
been included in the City Council Agenda packet.
Planning Director Zelefsky presented a staff report with slides.
Discussion was held between Council and staff regarding the applicant's request and the
landscaping issue.
Mayor Green declared the hearing open.
L. C. SMULL, property owner, spoke regarding his disagreement with the landscaping
requirement.
RANDY COLLETT, Oil Max, appellant, requested denial of the project and presented reasons
including that the project does not comply with the city's General Plan; that it does not comply
with set -back requirements of the General Plan; that it would be better utilized for a more
neighborhood commercial or neighborhood oriented use.
HAL TUCKER, requested denial stating that the proposal does meet a neighborhood plan.
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LESLIE INGHAM, he wished to present a senior's point of view which he stated seems to be
overlooked, He stated his opposition to the project as it would increase traffic at Magnolia Street
and Adams Avenue and perhaps this development might cosmetically favor the issues, but will
not address the basic problems.
CHRISTIAN FANTICOLA, representing Jiffy Lube, requested the approval of Conditional Use
Permit No. 98-89 and presented reasons stating that in their experience their customer base
comes from within three miles.
IRA HANDELMAN, Jiffy Lube representative, presented a map to Council and requested
approval of Conditional Use Permit No. 98-89 stating there is inaccuracy in a staff report.
JEFFREY MC DONALD, stated he resides on the southwest corner of Adams Avenue and
Newland Street and spoke in opposition to the proposal because of the traffic volume and thinks
Jiffy Lube, is the wrong business for that location.
JIM KAWAMURA, KHR Associates architect, stated that he hopes that landscaping conditions
can be worked out.
There being no persons present to speak further on the matter and there being no further
protests filed, either written or oral, the hearing was closed by the Mayor.
Discussion was held between Council and Planning Director Zelefsky regarding the Planning
Commission's recommendation relative to landscaping.
City Attorney Hutton responded to Mayor Pro Tem Garofalo regarding the city's position to
defend the requirement to impose upon the shopping center owner a landscape enhancement
packet subject to approval of an ancillary business.
MR. L.C. SMULL, spoke regarding the 1983 code which his property meets requirements for
landscaping. He stated that to meet staff requirements his whole property would have to be torn
up. He responded to Mayor Pro Tem Garofalo regarding what he believes should be done as
he can not increase landscaping unless he reduces parking spaces.
A motion was made by Sullivan, second Garofalo to approve Planning Commission
Recommendation (B) - Conditional Use Permit No. 98-89 with findings and conditions of approval
as set forth in Attachment No. 2 to the Request for Council Action dated August 2, 1999 as
amended by waiving the landscape improvement condition except that the landlord shall work
with the city landscape architect to enhance the property — independent of the Jiffy Lube site to a
value of $10,000 of landscaping materials not including the other litigation that he has agreed to
do including relocation of the driveway (see Pages 28 through 32 of the August 2, 1999 City
Council minutes.) The motion carried by unanimous vote..
CONSENT CALENDAR - ITEMS REMOVED FOR SEPARATE DISCUSSION
Council by unanimous consensus removed the following items from the Consent Calendar for
separate discussion.
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08/02/99 - CounciilAgency Minutes - Page 19
Announcement of September 7, 1999 Public Hearing on Community Services Department Fee
Schedule Amendments for 1999/2000
Resolution No. 99-55 — Fixing the Tax Rate for the City of Huntington Beach for 1999-2000
Approval as to Form Lease between Abdelmuti Development Co. & Paige Communications
Corp. (Oceanview Promenade) Suites 3G & 3H -- Main Pier Redevelopment Project Subarea
CONSENT CALENDAR - ITEMS APPROVED
On motion by Sullivan, second Garofalo Council approved the following Consent Calendar items
as recommended by the following roll call vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan
NOES: None
ABSENT: None
(CITY COUNCIUREDEVELOPMENT AGENCY) MINUTES - Approved and adopted the minutes of
the City Council/Redevelopment Agency adjourned regular meeting of June 28, 1999 and regular
meeting of July 6, 1999 as written and on file in the Office of the City Clerk.
(CITY COUNCIL) ADOPTED RESOLUTION NO. 99-52 — AUTHORIZES MANUAL AND/OR
FACSIMILE SIGNATURES OF CITY TREASURER FREIDENRICH —ADMINISTRATIVE
SERVICES DIRECTOR REEKSTIN — FINANCE DIRECTOR VILLELLA (630.50) — Adopted
Resolution No. 99-52 — Designating Shari L. Freidenrich, Dan. T. Villella, and John Reekstin as
persons authorized to execute financial transactions in the name of the City of Huntington Beach
— "A Resolution of the City Council of the City of Huntington Beach Authorizing the Manual
and/or Facsimile Signatures of Shari. L. Freidenrich, John Reekstin and Dan T. Villella."
(CITY COUNCIL) APPROVED THE SUBSTITUTION OF BONDS AND SUBDIVISION
AGREEMENT FOR TRACT NO. 14660 — SIE CORNER OF ELLIS AVENUE & GOTHARD
STREET (SHEA-VICKERS BELMONT, LLC) HOLLY-SEACLIFF SPECIFIC PLAN AREA
(FORMERLY PLC LAND COMPANY) — APPROVED SUBDIVISION AGREEMENT (420.60) --
1. Released PLC Land Company's Subdivision Agreement and Bonds No. 3SM 913 669 00 and
3SM 913 670 00, the securities furnished for Faithful Performance/Labor & Material, and
Monuments (American Motorists Insurance Co.); and 2. Accepted Shea Vickers Belmont, LLC,
Subdivision Agreement and Bonds No. 00-223-279 and 00-223-280, the securities furnished for
Faithful PerformancelLabor & Material, and Monuments, respectively; and approved and authorized
the Mayor and City Clerk to execute the Subdivision Agreement and file the bonds with the City
Treasurer; (American Home Assurance Co.); and 3. Instructed the City Clerk to notify the previous
developer, PLC Land Co., of this action and the City Treasurer to notify the bonding company,
American Motorists Insurance Co., of this action.
(CITY COUNCIL) APPROVED ESCROW AGREEMENT FOR THE EDWARDS FIRE STATION NO. 6
- CC-1084 — ESCROW AGREEMENT BETWEEN CITYIWEEGER BROTHERSIUNION BANK OF
CALIFORNIA (600.80) - 1. Approved the Escrow Agreement For Security Deposits In Lieu of
Retention between the City of Huntington Beach, Weeger Brothers and Union Bank of California, Los
Angeles; and 2. Authorized the Mayor and City Clerk to execute said escrow agreement on behalf of
the City.
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(CITY COUNCIL) APPROVED JIM MOORE, PUBLIC SAFETY INFORMATION SYSTEMS
MANAGER, POLICE DEPARTMENT AS REPLACEMENT FOR PREVIOUS DESIGNEE,
ROGER HAM, AS PROJECT MANAGER FOR EXISTING MOTOROLA CORPORATION
AGREEMENT (600.10) —Authorized Jim Moore, Public Safety Information Systems Manager, to
act as Project Manager for the previously approved acquisition of hardware and software from the
Motorola Corporation. This authority will include the ability to enter into agreements with other
related vendors for the acquisition of peripheral hardware, software, or services which might
become necessary to effect the Motorola project. And in so doing, approved the continued
implementation of the existing agreement with Motorola and all its terms and conditions.
(CITY COUNCIL) ADOPTED RESOLUTION NO.99-54 -1999 WEED ABATEMENT COSTS
(520.80) - "A Resolution of the City Council of the City of Huntington Beach Confirming Reports of
Cost for Weed Abatement on Lots Within the City— 1999 Season." and directed that all charges
listed thereon be certified to the County 1999-2000 tax roll.
(CITY COUNCIL) APPROVED AMENDMENT NO. 3 TO AGREEMENT WITH ENGINEERING
RESOURCES, INC. FOR PLAN CHECKING AND DEVELOPMENT PROCESSING (600.10) —
Approved and authorized execution of Amendment No. 3 to Agreement Between the City of
Huntington Beach and Engineering Resources, Inc. in Plan Checking and Development
Processing.
(CITY COUNCIL) ACCEPTED THE GLENCOE AVENUE STREET IMPROVEMENT PROJECT —
CC-1081 — FILE A NOTICE OF COMPLETION - GMC ENGINEERING, INC. (600.50) - Accepted
the Glencoe Avenue Street Improvement Project, CC-1081 at a final cost of $317,184.20 and
authorized the City Clerk to file a Notice of Completion with the County Recorder's Office.
(CITY COUNCIL) APPROVED AMENDMENT TO COOPERATIVE AGREEMENT NO. 12-234 A-1
BETWEEN THE CITY OF HUNTINGTON BEACH AND THE STATE OF CALIFORNIA FOR THE
WIDENING OF THE MCFADDEN AVENUE OVERCROSSING OF INTERSTATE 405 (600.20) —
Approved the Amendment to the Cooperative Agreement between the City of Huntington Beach
and the State of California (Attachment No. 1 to the Request for Council Action dated August 12,
1999) for the Widening of the McFadden Avenue Overcrossing of Interstate 405 and authorized the
Mayor and City Clerk to execute the Amendment.
(CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 15535 OF TENTATIVE TRACT MAP NO.
15535 — BONDS & AGREEMENT (WATERFRONT HILTON — MAYER FINANCIAL LTD.) NIS OF
PACIFIC COAST HIGHWAY, W/O BEACH BOULEVARD — APPROVED SUBDIVISION
AGREEMENT (420.60) - 1. Approved Final Tract Map No. 15535 and accepted the offer of
dedication, improvements, and bonds pursuant to findings and requirements (Attachment No. 1 to
the Request for Council Action dated August 12, 1999); Findings for Acceptance of Final Map: 1.
Final Tract Map No. 15535 is in conformance with the California Subdivision Map Act, the City of
Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15535 conditions of
approval by the Planning Commission. Requirements: 1. Offer of dedication and improvements
are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby
instructed to file bonds with the City Treasurer: a. Faithful Performance Bond No. SD00083619. b.
Labor and Material Bond No. SD00083619. c. Monument Bond No. SDO0083620 (Frontier Pacific
Insurance Co.) 3. Instructed the City Clerk not to affix her signature to the map nor release it for
preliminary processing by the County of Orange for recordation until the following conditions have
been complied with for the map: a. A deposit of fees for water, sewer, drainage, engineering, and
inspections shall be provided: b. A Certificate of Insurance shall be submitted; c. Drainage for the
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08/02/99 - Council/Agency Minutes - Page 21
subdivision shall be approved by the Department of Public Works prior to recordation of the final
map; d. An approved Subdivision Agreement shall be submitted (Attachment No. 5), and 2.
Approved the Subdivision Agreement between the City of Huntington Beach and Mayer Financial
Ltd. and authorized execution by the Mayor and City Clerk_
(REDEVELOPMENT AGENCY) (REGARDING PUBLIC HEARING SCHEDULED AUGUST 16,
1999) — ADOPT AGENCY RESOLUTION NO. 304 — APPROVED REPORT TO CITY COUNCIL
REGARDING: 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON
BEACH REDEVELOPMENT PROJECT & TRANSMITS REPORT & 1999 AMENDMENT TO THE
CITY COUNCIL (400.10) — Approved and authorized the execution of attached Resolution No.
304 -- "A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving the
Report to City Council for the 1999 Amendment to the Huntington Beach Redevelopment Plan and
Transmitting the Report and 1999 Amendment to the City Council." (Submitted as part of the
process to amend the Huntington Beach Redevelopment Plan to extend and modify eminent
domain authority for residential properties in portions of the Main -Pier subarea; the agency
must adopt and submit to the Council a report that provides information and documentation
relating to the amendment.)
(CITY COUNCIL) PURSUANT TO STATE GOVERNMENT CODE —APPROVED
ANNOUNCEMENT OF SEPTEMBER 7,1999 PUBLIC HEARING ON COMMUNITY SERVICES
DEPARTMENT FEE SCHEDULE AMENDMENTS FOR 199912000 (340.20)
The City Council received clarification from the Community Services Director regarding the
purpose of the announcement of the September 7, 1999 public hearing on Community Services
Department fee schedule amendment for 199912000.
A motion was made by Sullivan, second Dettloff to approve the following announcement of the
plan to amend the city plan to amend the city fee resolution by amending the 1999/2000 fees for
the Community Services Department:
Notice is hereby given that a public hearing will be held by the City Council of the City of Huntington Beach, in
the Council Chambers of the Civic Center, Huntington Beach, at the hour of 7:00 PM, or as soon thereafter as
possible on Tuesday, the 7th of September, 1999, forthe purpose of amending the city fee resolution by
amending the 1999/2000 fees for the Community Services Department, specifically, increasing the fee for use
of the Council Chambers and Senior Center meeting rooms; adding new fees for use of newly renovated
portions of the City Gym & Pool; adding a fee for use of the entire Art Center; adding a fee for group
participation in recreational swim classes; increasing the fee for special activities such as pier swim, golf
tournament, Candy Cane Capers, and the distance derby; increasing the fee for the adult sports, increasing the
fee for participation in the Junior Lifeguard Program with a beach parking pass; deleting rental of the east and
west lobby areas of the Senior Center; amending holiday use of facilities; deleting lights and cleaning deposit
with rental of Huntington Central Park amphitheater; deleting special activity of disc golf, and deleting specific
event fees for Pier Plaza amphitheater rental, street performer permits, and use of city beach parking.
The city is proposing the following: Increasing the fee for use of the City Council Chambers by government
agencies only from $25 to $30 an hour; adding hourly fees for use of newly renovated portions of the City
Gym & Pool; increasing the hourly fees for rental of Senior Center rooms from $35 to $40; from $18 to $20
and $25, from $12 to $15, from $15 to $18 and $20; adding a fee for maximum six hour rental of the entire
Art Center; adding a fee of $1.50 for group participation in recreational swim classes; increasing the fee for
special activities, specifically the pier swim from $101$14 to $10/$15, golf tournament from $701$80 to
$70/$85, Candy Cane Capers from $8 to $11 and Distance Derby from $101$20 to $10/$25; increasing
adult sports such as slo-pitch softball team fee from $355 to $370; employee softball from $190 to $200;
city-wide softball tournament from $70 to $85; senior softball from $140 to $150; senior softball tournament
from $165 to $185; 5-person basketball from $340 to $365; and 3-person basketball from $60 to $80; and,
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increasing Junior Lifeguard Program participation with beach parking pass from $320 to $340 The motion
carried by unanimous vote.
CONTINUANCE OF CONSENT CALENDAR ITEMS TO AUGUST 16, 1999
A motion was made by Garofalo, second Green to continue the following Consent Calendar Items
to August 16, 1999. The motion carried by unanimous vote:
(City Council) Continued Consideration Approve As To Form Lease Between Abdelmuti
Development Co. & Paige Communications Corp. (Oceanview Promenade) Suites 3G & 3H
— Main Pier Redevelopment Project Subarea (600.30)
(City Council) Continued Consideration Of Resolution No. 99-55 To August 16, 1999 — Fixing
The Tax Rate For The City Of Huntington Beach For 1999-2000 (340.90)
The City Council considered adoption of Resolution No. 99-55 - fixing the tax rate for the city of
Huntington Beach for the year 1999/2000.
City Administrator Silver stated that if the tax rate is not adopted based on the current rate of .04930
per $100 of assessed valuation budget reductions will have to be made.
A motion was made by Garofalo, second Green to continue consideration of Resolution No. 99-55
to the August 16, 1999 Council meeting. The motion carried unanimously.
(CITY COUNCIL) ORDINANCE FOR ADOPTION -- APPROVED ADOPTION OF ORDINANCE
NO. 3419 PCH LOT REDESIGNATIONS BETWEEN 16T" & 18r" STREETS — ZONING TEXT
AMENDMENT NO.99-1 —ZONING MAP AMENDMENT 99-1 (440.50) — Ordinance No. 3419
-- An Ordinance of the City of Huntington Beach Amending the Downtown Specific Plan to
Redesignate the Real Property Generally Located on Pacific Coast Highway Between le and
18t' Streets from Downtown Specific Plan District 1 (Visitor Serving Commercial) to Downtown
Specific Plan District 2. (Residential) (Zoning Text Amendment No. 99-1 and Zoning Map
Amendment 99 1). (Public hearing closed on July 6, 1999.) Introduction approved on July 19,
1999.
A motion was made by Garofalo, second Julien to adopt Ordinance No. 3419 after City Clerk reads
by title. The motion carried by unanimous roll call vote.
(CITY COUNCIL) APPROVED REQUEST FOR RECONSIDERATION OF JULY 19, 1999 CITY
COUNCIL ACTIONS AWARDING BID AND APPROVING CONTRACT WITH CALIFORNIA
STREET MAINTENANCE & REJECTING UNIVERSAL STREET SWEEPING BID — MSC-379
(600.90)
Communication from Mayor Pro Tern Garofalo requesting that the Mayor place an item on the
agenda to reconsider the action taken at the July 19, 1999 Council meeting relative to the bid
and contract award for the reinstatement of "twice per month" street sweeping.
The City Council considered a communication from Mayor Green submitting a motion that the
City Council reconsider the contract for sweeping Huntington Beach streets and if the motion is
successful, submitting a motion that Council reject all bids for the street sweeping contracts and
re -bid this contract.
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08/02/99 - Council/Agency Minutes - Page 23
A motion was made by Green, second Bauer to reconsider the actions taken at the July 19,1999
Council meeting. Said actions approved the: 1. Rejection of the low bid submitted by Universal
Street Sweeping and awarded the contract to California Street Maintenance; and 2. Approval of
contract with California Street Maintenance and authorization of a budget of $388,544 to cover
contract costs of $350,054, anticipated change orders of $35,000, and incidental expenditures
not to exceed $3,500. The motion to reconsider carried by unanimous vote.
(CITY COUNCIL) -- APPROVED REJECTION OF ALL BIDS - ADOPTED MOTION NOT TO
APPROVE CONTRACT TO CALIFORNIA STREET MAINTENANCE MSC-379 (600.90)
A motion was made by Green, second Harman to reject all bids submitted for the street
sweeping contract that MSC -379 and do not approve the contract of California Street
Maintenance and further to direct the contract for street sweeping be re -bid and when re -bid to
include a three bid conference in the next bid process. The motion carried by unanimous vote.
(CITY COUNCIL) RESTORATION OF THE BOLSA CHICA WETLANDS -- SYUDY SESSION TO
BE SCHEDULED WITH THE BOLSA CHICA STEERING COMMITTEE - REQUESTED THAT
THE CITY OF HUNTINGTON BEACH BE ADDED TO THE STEERING COMMITTEE (120.25)
The City Council considered a communication from Mayor Peter Green regarding the Bolsa
Chica Steering Committee formed to oversee the restoration of the Bolsa Chica Wetlands. This
committee is comprised of eight federal and state agencies, and its efforts encompass a
multitude of studies and analysis.
A motion was made by Garofalo, second Green to approve the following recommended action:
1. Direct staff to arrange for a City Council Study Session with the Bolsa Chica
Wetlands Steering Committee for an update on the planning process for the
restoration of the Bolsa Chica Wetlands.
and
2. Authorize the Mayor to send a letter to the Chairperson of the Bolsa Chica
Wetlands Steering Committee requesting that the City of Huntington Beach be
added to the Steering Committee.
The motion carried unanimously.
REQUEST FOR MEMORANDUM TO BE SENT TO PERFORMANCE AUTO SALES
REGARDING ENFORCEMENT OF REGULATIONS
Mayor Pro Tern Garofalo stated that the memo sent to Performance Auto Sales regarding the
necessity of their conforming with city regulations must be enforced.
636
Page 24 - Council/Agency Minutes -- 08/02/99
ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY
The regular meetings of the City Council and the Redevelopment Agency of the City of
Huntington Beach were adjourned to Monday August 9, 1999 at 4:30 p.m., in Room B-8, Civic
Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex-officio Clerk o the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
City Clerk/Clerk Mayor/Chairman
637
08/02199 - Council/Agency Minutes - Page 25
FINDINGS AND CO\'DITIONS OF APPROVAL
CONDITIONAL USE PERLIIT NO. 98-89
FINDINGS FOR APPROVAL - CO. DITIONAL USE PERT HT NO.98-89:
1. Conditional Use Permit No. 98-89 for the establishment, maintenance and operation
of a 4,361 sq. ft. vehicle equipment repair facility and re -striping of the commercial
center to include 65 compact spaces will not be detrimental to the general welfare of
persons working or residing in the vicinity or detrimental to the value of the property
and improvements in the neighborhood. The project will improve the overall
appearance of the intersection and complement the adjacent commercial center. The
proposed Jiffy Lube would also act as the impetus for future redevelopment of the
existing retail center and will provide an additional service to the residents and a
revenue source to the City.
2. The conditional use permit will be compatible N�dth surrounding uses due to the
commercial character of the neighboring center and the existing service stations at the
Adams and Magnolia Avenue intersection. The proposed service bay screen }walls
are properly integrated within the building design.
3. The proposed vehicle repair facilitywilt comply with the provisions of the base
district and other applicable provisions in Titles 20-25 of the Huntington Beach
Zoning and Subdivision Ordinance and any specific condition required for the
proposed use in the district in which it would be located. The project complies with
the development standards, parking and landscaping requirements of Chapter
211,231, and 232 respectively.
4. The granting of the conditional use permit will not adversely affect the General Plan.
It is consistent with the Land Use Element designation of General Commercial on the
subject property. In addition, it is consistent with the following goals and policies of
the General Plan:
PolicyLU10.1.4
Require that commercial buildings and sites be designed to achieve a high level of
architectural and site layout duality.
Pol icy LU 10.1.12
Require that Commercial General uses be designed and developed to achieve a high
level of quality, distinctive character, and compatibility with existing uses and
development including the consideration of.•
638
Page 28 - Council/Agency Minutes -- 08/02/99
a. incorporation ofsite landscape, particularly along street frontages and in parking
lots; =
b. linkage of buildings by common architectural design, landscape and pedestrian
systems, to avoid the appearance of independent fi-eestanding structures
surrounded by parking,
The proposed structure incorporates variable massing and modulation, a gazebo stnicture
and open space trellis screen, providing an interesting facade along Adams Avenue. The
building design incorporates quality architectural treatment on all sides.
5. The Planning Commission finds that the project will not have a significant effect on
the environment and is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to section 15303, Class 3 of the CEQA Guidelines,
because the project is designed for an occupant load of 30 persons or less and will not
be constructed in conjunction with the building of four or more such structures.
CONDITIONS_OF APPROVAL - CONDITIONAL USE PERMIT NO.98-89:
1. The site plan, floor plans and elevations received and dated March 25, 1999 shall be
the conceptually approved layout for the subject parcel and shopping center parcel
with the following modifications:
a_ Elevations shall depict the proposed colors in accordance with the colors and
materials palette dated March 25, 1999.
b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and
Subdivision Ordinance and Title 24, California Administrative Code. (Code
Requirement)
Depict all utility apparatus, such as but not limited to back flow devices and
Edison transformers on the site plan. Utility meters shall be screened from view
from public rights -of -way. Electric transformers in a required front or street side
yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be'
prohibited in the front yard setback and shall be screened from view. (Code
Requirement)
d. All exterior mechanical equipment shall be screened from view on all sides.
Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of
the building. Equipment to be screened includes, but is not limited to, heating, air
conditioning, refrigeration equipment, plumbing, lines, ductwork and
transformers. Said screening shall be architecturally compatible with the building
in terms of materials and colors. If screening is not designed specifically into the
building, a rooftop mechanical equipment plan showing screening must be
submitted for review and approval with the application for building permit(s).
(Code Requirement)
639
08/02/99 - Council/Agency Minutes - Page 27
e. Depict all gas meters, water meters, electrical panels, air conditioning units,
mailbox facilities and similar items on the site plan and elevations. If located on a
building, they shall be architecturally designed into the building to appear as part
of the building. They' shall be architecturally compatible %vith the building and
non -obtrusive, not interfere with sidewalk areas and comply with required
setbacks.
f. If outdoor lighting is included, energy saving lamps shall be used. All outside
lighting shall be directed to prevent "spillage" orito-adjacent properties and shall
be shown on the site plan and elevations.
g. The parking lot restriping plan for the shopping center parcel (including Carl's
Jr.) shall be improved with landscaping improvements valued at a minimum of
10,000 dollars.
Prior to issuance of grading permits the following shall be completed:
a. The developer shall submit a Landscape Construction Set, prepared by a licensed
Landscape Architect, to the Park, Tree and Landscape Division for their approval
showing all proposed plantings for the subject parcel and adjacent shopping
center. The Landscape Construction Set must be approved by the Departments of
Public Works and Planning. The Landscape Construction Set shall include a
landscape plan prepared and signed by a State Licensed Landscape Architect
which identifies the location, type, size and quantity of all existing plant materials
on the subject parcel and adjacent shopping center to remain, existing plant
materials to be removed, and proposed plant materials; an irrigation plan; a
grading plan; an approved site plan and a copy of the entitlement conditions of
approval.
The landscape plans shall be in conformance with Chapter 232 of the Zoning and
Subdivision Ordinance and applicable Design Guidelines and condition l.g.
herein. Any existing mature trees that must be removed shall be replaced at a two
to one ratio (2:1) tivith minimum 36 inch box trees and shall be incorporated into -
the project's landscape plan. (PNV) (Code Requirement)
b. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. (PNV)
c. A detailed soils analysis shall be prepared by a registered engineer. This analysis
shall include on -site soil sampling and laboratory testing of materials to provide
detailed recommendation for grading, chemical and full properties, retaining walls,
streets, and utilities. (PW)
d. A "Water Quality Management Plan" shall be prepared in accordance with
NPDES requirements by a Civil or Environmental Engineer. (PNV)
640
Page 28 - Council/Agency Minutes — 08102J99
3. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover
page of all the working drawing sets used for issuance of building permits
(architectural, structural, electrical, mechanical and plumbing).
b. All Fire Department requirements per these conditions shall be noted on the
building plans. (p D).
c. A detailed soils analysis shall be prepared by a registered Soils Engineer and
submitted with the building permit application. This analysis shall include on -site
soil sampling and laboratory testing of materials to provide detailed
recommendations regarding: grading, foundations, retaining wails, streets,
utilities, and chemical and fill properties of underground items including buried
pipe and concrete and the protection thereof. (Code Requirement)
d. An engineering geologist shall be engaged to submit a report indicating the
ground surface acceleration from earth movement for the subject property. All
structures within this development shall be constructed in compliance with the g-
factors as indicated by the geologist's report. Calculations for footizias and
structural members to withstand anticipated g-factors shall be submitted to the
City for review prior to the issuance of building permits. (Code Requirement)
4. Prior to issuance of building permits, the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to
Condition No. 1 for review and approval and inclusion in the entitlement file to
the Planning Department.
b. A grading permit shall be issued. (Pik
c. All Public `Yorks fees shall be paid. (PAY - Code Requirements)
d. Floors shall be designed to drain to an approved oil separator or trap discharging
to sewers in accordance with the Plumbing Code per UBC 311.2.3.1.. (BD)
e. Automatic sprinkler systems shall be installed in the basement area per Uniform
Building Code Section 904.2.2 and the Huntington Beach Fire Code Section
1003.2.2. Shop drawings shall be submitted and approved by the Fire Department
prior to system installation. (FD)
Z}
08102/99 - Council/Agency Minutes - Page 29
f A fire alarm system will be installed to comply with Huntington Beach Fire
Department and Uniform Fire Code Standards. Shop drawings will be submitted
to and approved by the Fire Department prior to installation. The system will
provide the following: (FD)
1) Water flow, valve tamper and trouble detection
2) Audible alarms
3) Smoke detectors
g. Fire extinguishers will be installed and located in areas to comply with
Huntington Beach Fire Code Standards. (FD)
h. Fire lanes will be designated and posted to comply with City Specification No.
415. (FD)
i. Address numbers will be installed to comply with City Specification No. 428.
The size of the numbers will be sized a minimum of six (6) inches with a brush
stroke of one and one-half
(1-1 /2) inches. (FD)
j. Installation and/or removal of underground flammables or combustible liquid
storage tanks shall comply with the Orange County Environmental Health and
Huntington Beach Fire Department requirements. (FD)
k. The subject property shall provide an irrevocable offer to dedicate reciprocal
driveway and parking easement(s) between the subject site and adjacent service
station property to the west. The legal instrument shall be submitted to the
Planning Department a minimum of 60 days prior to building permit issuance.
The document shall be approved by the Planning Department and the City
Attorney as to form and content and, when approved, shall be recorded in the
Office of the County Recorder. A copy of the recorded document shall be filed
with the Planning Department. (Cade Requirement)
An interim parking 'and/or building materials storage plan shall be submitted to
the Planning Department to assure adequate parking and restroom facilities are
available for employees, customers and contractors during the projecfs
construction phase and that adjacent properties will not be impacted by their
location. The applicant shall obtain any necessary encroachment permits from the
Department of Public Works.
m. Submit a letter of map revision from FEMA declaring the lot{s) exempt from
floodplain requirements or submit a copy of completed FEMA Elevation
Certificate(s) to the Planning Department.
5. During construction, the applicant shall:
642
Page 30 - Council/Agency Minutes — 08/02/99
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep
damp enough to prevent dust raised when leaving the site:
b. Wet down areas in the late morning and after work is completed for the day;
c. Use Iow sulfur fuel (.05%) by weight for construction equipment;
d, Attempt to phase and schedule construction activities to avoid high ozone days
(first stage smog alerts);
e, Discontinue construction during second stage smog alerts.
6. Prior to occupancy and commencement of use, the following shall be completed:
a. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Planning Department.
b. The parking lot shall be restriped and landscaping valued at a minimum of 10,000
dollars, shall be installed on the commercial shopping center parcel.
c. The existing water service serving the site may potentially be utilized for
irrigation purposes if it is of adequate size, conforms to current standards, and is
in working condition as determined by the Water Division. The existing water
meter must be replaced Nvith a touch -read meter, and a new conforming back flow
protection devices must be installed on the domestic and irrigation water systems.
(P VO
d. The proposed building shall have a separate fire service and backflow protection
device. (PW)
e. All improvements to the property shall be completed in accordance with the
approved plans and conditions of approval specified herein, including: (PW)
1) The bus zone curb on Adams Avenue, along the frontage of the subject
property, shall be re -painted red;
2) The existing driveway on Adams Avenue shall be removed and replaced with
a radius driveway per Standard Plan No. 211;
3) The Traffic Impact Fee shall be paid prior to issuance of a certificate of
occupancy;
4) The site shall drain through a clarifier and filter system, then to the street;
5) A 6" VCP sewer lateral shall be required
f. Compliance with all conditions of approval specified herein shall be
accomplished and verified by the Planning Department.
643
o81 ng - Council/Agency Minutes - Page 31
g. All building spoils, such as unusable lumber, wire, pipe, and other surplus or
unusable material, shall be disposed of at an off -site facility equipped to handle
them. -
h. If the Iot is not considered exempt by FEMA, a second elevation certificate shall .
be submitted to the Planning Department for the project "as built.'
7. The use shall comply with the following:
a. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
c. All repair work shall be conducted wholly within the building; no servicing of
vehicles
outside of the building.
d. Hours of operation shall be limitedto between 7:00am — 8:00pm (Monday -
through Sunday).
e. Only the uses described in the narrative attached to the May 25, 1999 Planning
Commission Staff Report shall be permitted. .
f: No vehicles shall encroach into the 24 ft. wide reciprocal access to the adjacent
service station.
8. The Planning Director ensures that all conditions of approval herein are complied
with. The Planning Director shall be notified in writing if any changes to the site
plan, elevations and floor plans are proposed as a result of the plan check process.
Building permits shall not be issued until the Planning Director has reviewed and
approved the proposed changes for conformance with the intent of the PIanning
Commission's action and the conditions herein. If the proposed changes are of a
substantial nature, an amendment to the original entitlement reviewed by the Planning
Commission may be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REOUTUMENTS:
1. Conditional Use Permit No. 98-89 shall not become effective until the ten-day
appeal period has elapsed.
2. Conditional Use Permit No. 98-89 shall become null and void unless exercised
within one year of the date of final approval or such extension of time as may be
granted by the Director pursuant to a written request submitted to the Planning
Department a minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No.
98-89, pursuant to a public hearing for revocation, if any violation of these
644
Page 32 - Council/Agency Minutes — 08/02/99
conditions or the Huntington Beach Zoning and Subdivision Ordinance or
Municipal Code occurs.
4. All applicable Public Works fees shall be paid. (PNN�
5. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a
Certificate of Occupancy. (PNID
6. An encroachment permit shall be required for all work within the right-of-ivay.
(PN'
7. A Certificate of Occupancy must be issued by the Planning Department prior to
occupying the building.
8. State -mandated school impact fees shall be paid prior to issuance of building
Permits.
9. The development shall comply with all applicable provisions of the Municipal
Code, Building Department, and Fire Department as well as applicable local, State
and Federal Fire Codes, Ordinances, and standards, except as noted herein.
10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM.
Construction shall be prohibited Sundays and Federal holidays.
11. All signs shall conform to applicable Planned Sign Program for the retail center.
Prior to installing any new signs, or changing sign faces, a building permit shall be
obtained from the Plannin,, Department.
12. The applicant shall submit a check in the amount of $38.00 for the posting of the
Notice of Exemption at the County of Orange Clerk's Office. The check shall be
made out to the County of Orange and submitted to the Planning Department
within two (2) days of the Planning Commission's action.
645
08102/99 - Council/Agency (Minutes - Page 33
SUBJECT: CONDITIONAL USE PERMPr NO.98-89 (Jiffy Lube/Adams &
Magnolia)
PROJECT
APPLICANT: KHR Associates/Tamara Schippers, 2355 Main Street, Irvine, CA 92614
PROPERTY
OWNER: Lester C. and Jimmy L. SmulI Family Trust, c/o Business Properties, 17631
Fitch Road, Irvine, CA 92613
REQUEST: To demolish an existing single story structure, construct a two-story (plus
basement) 4,631 sq. ft. drive -through automobile service facility (Jiffy Lube),
and re -stripe an existing shopping center to include compact parking spaces.
LQCATION: 9032 Adams Avenue (Southeast corner of Adams Avenue and Magnolia
Avenue)
646
Page 34 - Council/Agency Minutes -- 08102199
FINDINGS AND CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO.98-89
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-89:
Conditional Use Permit No. 98-89 for the establishment, maintenance and operation of a
4,361 sq. ft. vehicle equipment repair facility and re -striping of the commercial center to
include 65 compact spaces will not be detrimental to the general welfare of persons working
or residing in the vicinity or detrimental to the value of the property and improvements in the
neighborhood. The project will improve the overall appearance of the intersection and
complement the adjacent commercial center. The proposed Jiffy Lube would also act as the
impetus for future redevelopment of the existing retail center and will provide an additional
service to the residents and a revenue source to the City.
2. The conditional use permit will be compatible with surrounding uses due to the commercial
character of the neighboring center and the existing service stations at the Adams and
Magnolia Avenue intersection. The proposed service bay screen walls are properly
integrated within the building design.
3. The proposed vehicle repair facility will comply with the provisions of the base district and
other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision
Ordinance and any specific condition required for the proposed use in the district in which it
would be located. The project complies with the development standards, parking and
landscaping requirements of Chapter 211,231, and 232 respectively.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of General Commercial on the subject
property. In addition, it is consistent with the following goals and policies of the General
Plan:
Policy LU 10.1.4
Require that commercial buildings and sites be designed to achieve a high level of
architectural and site layout Quality:
Policy LU 1 0.1.12
Require that Commercial General uses be designed and developed to achieve a high level of
quality, distinctive character, and compatibility with existing uses and development including the
consideration of:
647
08102199 - CouncillAgency Minutes - Page 35
a. incorporation of site landscape, particularly along street frontages and in parking lots,
b. linkage of buildings by common arcI itectural design, landscape and pedestrian systems, to avoid
the appearance of independent freestanding structures surrounded by parking;
The proposed structure incorporates variable massing and modulation, a gazebo structure and
open space trellis screen, providing an interesting facade along Adams Avenue. The building
design incorporates quality architectural treatment on all sides.
5. The Planning Commission finds that the project will not have a significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to section 15303, Class 3 of the CEQA Guidelines, because the project is
designed for an occupant load of 30 persons or less and will not be constructed in
conjunction with the building of four or more such structures.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERNRT NO.98-89:
1. The site plan, floor plans and elevations received and dated March 25, 1999 shall be the
conceptually approved layout for the subject parcel and shopping center parcel with the
following modifications:
a. Elevations shall depict the proposed colors in accordance with the colors and materials
palette dated March 25, 1999.
b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
c. Depict all utility apparatus, such as but not limited to back flow devices and Edison
transformers on the site plan. Utility meters shall be screened from view from public
rights -of -way. Electric transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the
front yard setback and shall be screened from view. (Code Requirement)
d. All exterior mechanical equipment shall be screened from view on all sides. Rooftop
mechanical equipment shall be setback 15 feet from the exterior edges of the building.
Equipment to be screened includes, but is not limited to, heating, air conditioning,
refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall
be architecturally compatible with the building in terms of materials and colors. If
screening is not designed specifically into the building, a rooftop mechanical equipment
plan showing screening must be submitted for review and approval with the application
for building permit(s). (Code Requirement)
648
Page 36 - Council/Agency Minutes — 08102/99
e. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox
facilities and similar items on the site plan and elevations. If located on a building, they
shall be architecturally designed into the building to appear as part of the building. They
shall be architecturally compatible with the building and non -obtrusive, not interfere with
sidewalk areas and comply with required setbacks.
f If outdoor lighting is included, energy saving lamps shall be used. All outside
lighting shall be directed to prevent "spillage" onto adjacent properties and shall be
shown on the site plan and elevations.
g. The parking, lot restriping plan for the shopping center parcel (including Carl's Jr.)'
shall be improved with landscaping improvements valued at a minimum of 10,000
dollars.
2. Prior to issuance of grading permits the following shall be completed:
a. The developer shall submit a Landscape Construction Set, prepared by a licensed
Landscape Architect, to the Park, Tree and Landscape Division for their approval
showing all proposed plantings for the subject parcel and adjacent shopping center. The
Landscape Construction Set must be approved by the Departments of Public Works and
Planning. The Landscape Construction Set shall include a landscape plan prepared and
signed by a State Licensed Landscape Architect which identifies the location, type, size
and quantity of all existing plant materials on the subject parcel and adjacent shopping
center to remain, existing plant materials to be removed, and proposed plant materials; an
irrigation plan; a grading plan; an approved site plan and a copy of the entitlement
conditions of approval,
The landscape plans shall be in conformance with Chapter 232 of the Zoning and
Subdivision Ordinance and applicable Design Guidelines and condition 1.g. herein. Any
existing mature trees that must be removed shall be replaced at a two to one ratio (2:1)
with minimum 36 inch box trees and shall be incorporated into the project's landscape
plan. (PW) (Cade Requirement)
b. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. (PW)
c. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall
include on -site soil sampling and laboratory testing of materials to provide detailed
recommendation for grading, chemical and fill properties, retaining walls, streets, and
utilities. (PW)
d. A "Water Quality Management Plan" shall be prepared in accordance with NPDES
requirements by a Civil or Environmental Engineer. (PW)
3. Prior to submittal for building permits, the following shall be completed:
649
08/02/99 - Council/Agency Minutes - Page 37
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of
all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
b. All Fire Department requirements per these conditions shall be noted on the building
plans. (FD).
c. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted
with the building permit application. This analysis shall include on -site soil sampling and
laboratory testing of materials to provide detailed recommendations regarding: grading,
foundations, retaining walls, streets, utilities, and chemical and fill properties of
underground items including buried pipe and concrete and the protection thereof. (Code
Requirement)
d, ki engineering geologist shall be engaged to submit a report indicating the ground
surface acceleration from earth movement for the subject property. All structures within
this development shall be constructed in compliance with the g-factors as indicated by the
geologist's report. Calculations for footings and structural members to withstand
anticipated g-factors shall be submitted to the City for review prior to the issuance of
building permits. (Code Requirement)
4. Prior to issuance of building permits, the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations
pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file
to the Planning Department.
b. A grading permit shall be issued. (PW)
C. All Public Works fees shall be paid. (PW - Code Requirements)
d. Floors shall be designed to drain to an approved oil separator or trap
discharging to sewers in accordance with the Plumbing Code per UBC 311.2.3.1. (BD)
e. Automatic sprinkler systems shall be installed in the basement area per
Uniform Building Code Section 904.1.2 and the Huntington Beach Fire Code Section
1003.2.2. Shop drawings shall be submitted and approved by the Fire Department prior to
system installation. (FD)
650
Page 38 - Council/Agency Minutes — 08/02/99
f. A fire alarm system will be installed to comply with Huntington Beach
Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to
and approved by the Fire Department prior to installation. The system will provide the
following: (FD)
1)
Water flow, valve tamper and trouble detection
2)
Audible alarms
3)
Smoke detectors
g. Fire extinguishers will be installed and located in areas to comply with
Huntington Beach Fire Code Standards. (FD)
h. Fire lanes will be designated and posted to comply with City
Specification No. 415. (FD)
i_ Address numbers will be installed to comply with City Specification
No. 428. The size of the numbers will be sized a minimum of six (6) inches with a
brush stroke of one and one-half
(1-1/2) inches. (FD)
j. Installation and/or removal of underground flammables or combustible
liquid storage tanks shall comply with the Orange County Environmental Health and
Huntington Beach Fire Department requirements. (FD)
k. The subject property shall provide an irrevocable offer to dedicate
reciprocal driveway and parking easement(s) between the subject site and adjacent
service station property to the west. The legal instrument shall be submitted to the
Planning Department a minimum of 60 days prior to building permit issuance. The
document shall be approved by the Planning Department and the City Attorney as to form
and content and, when approved, shall be recorded in the Office of the County Recorder.
A copy of the recorded document shall be filed with the Planning Department. (Cade
Requirement)
1. An interim parking and/or building materials storage plan shall be
submitted to the Planning Department to assure adequate parking and restroom facilities
are available for employees, customers and contractors during the projeefs construction
phase and that adjacent properties will not be impacted by their location. The applicant
shall obtain any necessary encroachment permits from the Department of Public Works.
M. Submit a letter of map revision from FEMA declaring the lot(s)
exempt from floodplain requirements or submit a copy of completed FENfA Elevation
Certificate(s) to the Planning Department.
5. During construction, the applicant shall:
651
08/02/99 - Council/Agency Minutes - Page 39
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp
enough to prevent dust raised when leaving the site:
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05°/o) by weight for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first
stage smog alerts);
e. Discontinue construction during second stage smog alerts.
6. Prior to occupancy and commencement of use, the following shall be completed:
a. The applicant shall obtain the necessary permits from the South Coast Air Quality.
Management District and submit a copy to Planning Department.
b. The parking lot shall be restriped and landscaping Valued at a minimum of 10,000 dollars,
shall be installed on the commercial shopping center parcel.
c. The existing water service serving the site may potentially be utilized for irrigation
purposes if it is of adequate size, conforms to current standards, and is in working
condition as determined by the Water Division. The existing water meter must be
replaced with a touch -read meter, and a new conforming back flow protection devices
must be installed on the domestic and 'irrigation water systems. (PW)
d. The proposed building shall have a separate fire service and backflow protection device.
(PW)
e. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein, including: (PW)
1) The bus zone curb on Adams Avenue, along the frontage of the subject property, shall
be re -painted red;
2) The existing driveway on Adams Avenue shall be removed and replaced with a radius
driveway per Standard Plan No. 211;
3) The Traffic Impact Fee shall be paid prior to issuance of a certificate of occupancy;
4) The site shall drain through a clarifier and filter system, then to the street;
5) A 6" VCP sewer lateral shall be required
f. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
g. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable
material, shall be disposed of at an off -site facility equipped to handle them.
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h. If the lot is not considered exempt by FEMA, a second elevation certificate shall be
submitted to the.Planning Department for the project "as built."
7. The use shall comply with the following:
There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
c. All repair work shall be conducted wholly within the building; no servicing of vehicles
outside of the building_
d. Hours of operation shall be limited to between 7:00am -- 8:00pm (Monday through
Sunday).
e. Only the uses described in the narrative attached to the May 25, 1999 Planning
Commission Staff Report shall be permitted.
£ No vehicles shall encroach into the 24 ft. wide reciprocal access to the adjacent service
station.
8. The Planning Director ensures that all conditions of approval herein are complied with. The
Planning Director shall be notified in writing if any changes to the site plan, elevations and
floor plans are proposed as a result of the plan check process. Building perinits shall not be
issued until the Planning Director has reviewed and approved the proposed changes for
conformance with the intent of the Planning Commission's action and the conditions herein.
If the proposed changes are of substantial nature, an amendment to the original entitlement
reviewed by the Planning Commission may be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 98-89 shall not become effective until the ten-day appeal
period has elapsed.
2. ConditionaI Use Permit No. 98-89 shall become null and void unless exercised within one
year of the date of final approval or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Planning Department a minimum 30
days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-89,
pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
4. All applicable Public Works fees shall be paid. (PW)
5. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy. (PW)
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6. An encroachment permit shall be required for all work within the right-of-way. (Pi)
7. A Certificate of Occupancy must be issued by the Planning Department prior to occupying
the building.
S. State -mandated school impact fees shall be paid prior to issuance of building permits.
9. The development shall comply with all applicable provisions of the Municipal Code,
Building Department, and Fire Department as well as applicable local, State and Federal
Fire Codes, Ordinances, and standards, except as noted herein.
10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
. shall be prohibited Sundays and Federal holidays.
11. All signs shall conform to applicable Planned Sign Program for the retail center. Prior to
installing any new signs, or changing sign faces, a building permit shall be obtained from
the Planning Department.
12. The applicant shall submit a check in the amount of $3 8.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to
the County of Orange and submitted to the Planning Department within two (2) days of
the Planning Commission's action.
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