HomeMy WebLinkAbout2000-05-15Minutes
City CouncillRedevelopment 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, May 15, 2000
An audiotape of the 5:00 p.m. portion of this meeting
and a videotape of the 7:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
Call To Order
City Council — Redevelopment Agency Roll Call
Present Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
Absent None
Late Communications
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced two late communications
that pertained to the study session item on the agenda:
Communication dated May 12, 2000 from the Director of Public Works transmitting draft
sections of the Citizens' Infrastructure Advisory Committee (IAC) Final Report that have been
prepared. The report is titled IAC Findings and Recommendations — Presented to the
Huntington Beach City Council — DRAFT-- May 2000.
Slide report presentation from the Public Works Department dated May 10, 2000 titled Citizens'
Infrastructure Advisory Committee (IAC) — Report to City Council
Communication from the Department of Public Works dated March 14, 2000 regarding the
proposed City Charter amendment relative to the City Infrastructure was distributed to Council
during the study session.
(City Council/Redevelopment Agency) Study Session — Citizens Infrastructure Advisory
Committee (IAC) Interim Report — City Infrastructure Conditions (840.50)
City Administrator Ray Silver introduced Mr. Richard A. Harlow, Chairman of the Citizens'
Infrastructure Advisory Committee, who presented a slide report transmitting an Interim Report
of the Citizens' Infrastructure Advisory Committee — May 10, 2000 that provides the key findings
and initial recommendations of the IAC. The report is being provided in advance of the Final
Report to inform of the Committee's activities and achievements during the two years of
studying infrastructure issues and developing recommendations.
(2) May 15, 2000 - Council/Agency Minutes - Page 2
Chairman Harlow introduced Mary Hirashima, Chair of the Public Education Subcommittee,
Ms. Hirashima informed Council that in conjunction with the preparation of its Final Report, the
board plans to create strong media presence for the city's infrastructure program. She stated
that this plan is going to be accomplished by weaving news features into the city's website to
inform the public on subjects such as the slurry sealing of streets.
Chairman Harlow spoke relative to the proposed Citizens' Oversight Committee, which he
stated is for all intents and purposes, an advisory committee only, and would not supersede any
City Council policy and decision -making actions.
Councilmembers Dettloff and Green, the IAC Council Liaisons, discussed infrastructure
problems throughout the county that they stated have brought community leaders together. The
Council Liaisons commended the work of the IAC members.
Mayor Garofalo directed questions to the Chair and staff regarding the budget on projects such
as street sweeping and landscaping.
Chairman Harlow clarified that the funding needs have been identified in the Integrated
Infrastructure Management Program (IIMP). He defined the IIMP as the 20-year funding
summary used to forecast the shortfall and enhance revenue sources.
Mayor Pro Tern Harman referred to Page Two of a memo received as a handout from Public
Works Director Robert Beardsley. Written by City Attorney Gail Hutton and dated
March 14, 2000 this memo regarding the proposed City Charter amendment had been
announced earlier as a late communication by the City Clerk. He expressed concern over what
he considers to be the inflexibility of fixing the percentage rate to be set aside for infrastructure
improvements from the General Fund. Mayor Pro Tem Harman stated that in a recession, for
instance, all other city departments are in competition for the same dollars.
Councilmember Bauer stated his reasons for reserving judgment on the proposal. He provided
an analogy using the Water Master Plan, stating that it is intended as a "pay as you go" plan.
He also stated that he considers a citizens' oversight committee to be a barrier between the
voters and Councilmembers who are the decision makers.
Considerable discussion ensued, including defining the role and duties of the board.
City Administrator Silver gave direction for the Infrastructure Advisory Board to meet with
Council to discuss establishing a framework for the oversight committee before the board's Final
Report in July.
Mayor Garofalo posed questions to be covered in the planned meeting, such as wording for the
proposed City Charter amendment.
Discussion was held regarding the deadline for inclusion of the proposed City Charter
amendment, and whether or not the item should be placed on the November 2000 ballot.
Motion to Recess to Closed Session
A motion was made by Sullivan, second, Harman, to recess to Closed Session on the following
items. The motion carried by unanimous vote.
(3) May 15, 2000 - Council/Agency Minutes - Page 3
(Redevelopment Agency) Closed Session — Pursuant to Government Code Section 54956.8
to give instructions to the Agency's negotiator, David Biggs and Murray Kane regarding
negotiations with Gary Mulligan, Frank Alfonso, George Draper, Ronald Mase, and
Victoria Jeane Lane concerning the purchase, lease or exchange of the property located at
117 Main Street, 119 Main Street, 121 Main Street, 123 Main Street, and 125-127 Main
Street. Instructions will concern price and terms of payment of property acquisition
Implementing a Disposition and Development (DDA) Agreement with the CIM Group. (400.50)
(City Council) Closed Session — 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 Gilbert P. Clark v. City of Huntington Beach, et al.,
Orange County Superior Court Case No. 811040. (120.80)
(City Council) Closed Session — 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 Estates at Seacliff Homeowners Association v.
City of Huntington Beach, et al., Orange County Superior Court Case No. 00CC01466.
(120.80)
(City Council) Closed Session -- 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. Benge, et al., Orange
County Superior Court Case No. 798132. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.8 to give
instructions to the city's negotiators, Matthew Lamb and Michael Heineke, regarding
negotiations with Boston Harbor Corporation concerning the foreclosure of the property
consisting of 2.78 acres located in Riverside County near Los Alamos Road and Lincoln
Avenue Extension, Murietta Area - Assessor's Parcel Number 949-130-019. Instruction will
concern both price and terms of payment. (120.80).
(City Council) Closed Session — Pursuant to Government Code Section 54956.8 to give
instructions to the city's negotiators, Matthew Lamb and Michael Heineke, regarding negotiations
with Olga Genie concerning the foreclosure of the condominium located in Los Angeles County at
974 E. Broadway, No. 1, Long Beach, California - Assessor's Parcel Number 7275-002-102.
Instruction will concern both price and terms of payment. (120.80).
(City Council) Closed Session -- Pursuant to Government Code Section 54956.8 to give
instructions to the city's negotiators, Matthew Lamb and Michael Heineke, regarding negotiations
with Tuyen N. Vu, Trustee Vu Family Trust & Tom and Judy Kumamaru concerning the
foreclosure of 4.7 acres net, vacant land, located in Los Angeles County approximately 2,500 feet
east of the intersection of Avenue "N" and 10th Street W., Palmdale Area — Assessor's Parcel
Number 3128-016-016. Instruction will concern both price and terms of payment. (120.80).
(City Council) Closed Session -- Pursuant to Government Code Section 54956.8 to give
instructions to the city's negotiators, Matthew Lamb and Michael Heineke, regarding negotiations
with Hong Nain Chang, Jyh Shien Lin, Chang Fei Jen concerning the foreclosure of the property
located in Los Angeles County consisting of 10.29 acres, vacant land, located approximately 1,000
feet southeast of the intersection of Avenue "H" and 40th Street W., Lancaster Area —
Assessor's Parcel Number 3107-011-082. Instruction will concern both price and terms of
payment. (120.80).
(4) May 15, 2000 - Council/Agency Minutes - Page 4
(City Council) Closed Session — Pursuant to Government Code Section 54956.8 to give
instructions to the city's negotiators, Matthew Lamb and Michael Heineke, regarding negotiations
with Jui Peng Tang, .fen Shu Chan, Min Chan and Shu Ming Chow concerning the foreclosure
of the property located in Los Angeles County consisting of 36.96 acres, vacant land, located
approximately 700 feet west of the intersection of Avenue "H" and 100th Street E, Lancaster
Area — Assessor's Parcel Number 3374-016-002. Instruction will concern both price and terms of
payment. (120.80).
(City Council) Closed Session — Pursuant to Government Code Section 54956.8 to give
instructions to the city's negotiators, Matthew Lamb and Michael Heineke, regarding negotiations
with Chiu W. Jung concerning the foreclosure of the condominium located in Los Angeles County
at 12828 Ramona Boulevard, Unit No. 34, Baldwin Park 91706 -- Assessor's Parcel Number
8551-010-089. Instruction will concern both price and terms of payment. (120.80).
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer
with the City Attorney regarding pending litigation based on existing facts and circumstances, the
legislative body of the local agency has decided to initiate or is deciding whether to initiate
litigation. One potential case. (120,80).
Reconvene City Council/Redevelopment Agency Meeting
No Actions Taken which Require a Reporting Pursuant to Government Code
§54957.1(a)(3)(B)
Mayor Dave Garofalo asked City Attorney Gail Hutton if there were any actions taken by the
City Council or Redevelopment Agency in Closed Session which required a reporting. City
Attorney Hutton responded that there were no actions to report.
City Council/Redevelopment Agency Roll Call
Present: Julien, Sullivan, Harman, Garofalo Green, Dettloff, Bauer
Absent: None
Flag Ceremony and Pledge of Allegiance - Job's Daughters, Bethel 56, Huntington Beach,
Leader Elisha Greenwald led the Council meeting in singing The Star-Spangled Banner.
Invocation — The Reverend Peggy Price, Church of Religious Science, Huntington Beach.
Announcement Made by the Mayor and City Council of Funeral Services for Roy Runzel
W10)
An announcement was made by Mayor Garofalo of the death of Roy Runzel, the spouse of
Carol A. Runzel, a Huntington Beach city employee. The Mayor announced the date and time
of the funeral services.
Invitation Extended by the Mayor and City Council to Attend Annual Huntington Beach
Veteran's Day Memorial Service ( . )/AO, 70
Mayor Garofalo on behalf of Council invited all to the city's Annual Memorial Day Service on
Monday, May 29, 2000, from 11,00 A.M. to Noon. The event will take place at the Huntington
Beach Veterans' Memorial located at the Huntington Beach Civic Center, 2000 Main Street.
Guest speakers will offer a tribute to those veterans who fought and died in service to our
nation, as well as Prisoners of War and those still listed as "Missing in Action."
(5) May 15, 2000 - Council/Agency Minutes - Page 5
City Clerk Announces Late Communications Which Pertain to Items on the Agenda
The City Clerk announced that late communications received for the public hearing agenda item
on the Ellis Avenue single room occupancy are going to be announced at the time of the public
hearing.
Communication dated May 12, 2000 from the Director of Public Works transmitting draft
sections of the Citizens' Infrastructure Advisory Committee (IAC) Final Report that have been
prepared. The report is titled IAC Findings and Recommendations — Presented to the
Huntington Beach City Council — DRAFT — May 2000.
Slide report presentation from the Public Works Department dated May 10, 2000 titled Citizens'
Infrastructure Advisory Committee (IAC) — Report to City Council.
Communication from the Department of Public Works dated March 14, 2000 regarding the
proposed City Charter amendment relative to the Infrastructure was distributed to Council during
the study session.
Slide report presentation from the Public Works Department dated May 15, 2000 titled Urban
Runoff/Coastal Remediation Plan Update.
Communication dated May 15, 2000 from the Director of Public Works transmitting a correction
to agenda Item relative to the Goldenwest Street -Warner Avenue Sewer Project, revising the
recommended action. Communication titled Correction to May 15, 2000 City Council Agenda.
Communication dated May 15, 2000 from the Senior Vice President of Commercial
Development at CPH transmitting concern regarding the agenda item on the Zoning Text
Amendment No. 994. Communication titled May 15, 2000 City Council Agenda Item D-2;
Approval of ZTA No. 99-4 (Park Fee Increase).
Slide show presentation submitted by the Planning Department to the City Clerk's Office on May
15, 2000. Slide show presentation is titled Park and Recreation In -Lieu Fees: Zoning Text
Amendment No. 99-4.
Letter from the Building Industry Association of California (BIA) dated May 15, 2000, regarding
Request for Continuance: City Council Agenda Item D2 — Approve Zoning Text Amendment
No. 99-04 (Fee In -Lieu of Parkland Dedication).
Slide Report received from Mayor Dave Garofalo and Council Member David Sullivan entitled
Downtown Parking Structure and Main Street Parking — A Financial Perspective.
Communication dated May 15, 2000 from the Director of Economic Development transmitting
copies of Attachments No. 1 and No. 2 to the two Section 108 Contracts submitted at the
May 15, 2000 City Council Meeting. Communication titled Late Communication — Attachments
to Item E-11: Approve and Authorize Execution of Two Section 108 Loans (Grand Coast Resort;
City Gym and Pool) and Brownfield Economic Development Initiative Grant (Grand Coast
Resort).
(6) May 15, 2000 - Council/Agency Minutes - Page 6
Presentation — Mayor Garofalo presented the Mayor's Award to Melanie Fallon, Assistant City
Administrator, in recognition of her many contributions to the city during her six years of
dedicated service. The Mayor named several projects including the downtown Redevelopment
area and Seacliff Village. The Councilmembers extended their congratulations to Assistant City.
Administrator Fallon whose new position is the Community Development Director for the City of
Long Beach.
Presentation — By Mayor Dave Garofalo and Jay Kreitz, Community Services Commission
Chairman, to the selected grant recipients for the 2000 Youth Sports Grant Program. A total of
$145,580 in grant award checks will be distributed to the eight (8) winning youth sports
organizations. The winning organizations include:
Huntington Valley Little League
Huntington Valley Little League/ HBHS Baseball
Booster Club
AYSO Region 55 (Soccer)
North Huntington Beach Futbol Club, lnc.
Robinwood Little League
Seaview Little League
South Coast Soccer Club
South Huntington Beach Junior Miss Softball
Renee Aumiller $12,400
Renee Aumiller/Dan Hay $26,500
David SmithlKaren Croft $30,000
D'wana Hughes/ George Milton $45,000
Larry Ambrose/Don Gray $ 8,000
Rick Frazier $16,680
Bruce Bricks/Steven Stewart $ 5,000
Marie EnseylDan Hay $ 2,000
Public Comment Slips — 7:00 Portion of Council Meeting
At Mayor Garofalo's request, the City Clerk reported that she received approximately 21 Public
Comments forms from the members of the public wishing to address Council.
Public Comments
Rabbi Moishe Engel, Assistant Principal of Special Projects at the Hebrew Academy, invited
everyone to participate in the "Kindness and Friendship Walk" to take place on Sunday,
May 21, 2000 starting at 7:00 A.M. Rabbi Engel announced that Mayor Garofalo is the guest
speaker. Rabbi Engel stated that the seven -mile walk starts at City Hall, proceeds to Central,
Murdy and Greer Parks, and ends at the Hebrew Academy. He informed everyone that many
businesses have joined as sponsors, and that the walk is non-sectarian, free -of -charge, and is
not a fund-raiser.
Susan Roper, Downtown resident and Superintendent of the Huntington Beach Union High
School District, expressed her appreciation of the support for the "Taking the Plunge" fundraiser
for the new pool at the high school. Ms. Roper requested Council support in naming the school
auditorium in the memory of Daryl Stiliwagon, the school's Activities Director who has been a
role model to many students.
Bob Kakuk thanked Mayor Garofalo for the announcing the Veteran's Memorial Day Services
to be held on May 29, 2000 at City Hall at 11:00 A.M. Mr. Kakuk informed everyone that this
year is the 1 V' Anniversary of the Korean War. He also announced the events scheduled.
Mr. Kakuk urged everyone to unfurl and display the American flag in memory of the occasion.
Gene and Laura Mathowitz, on behalf of the Bolsa Chica Land Trust, invited everyone to the
Piein Air Art Festival, an exhibition of Bolsa Chica art made by several Southern California
landscape artists. The speakers stated that the show is being held at the Central Library from
May 6 through May 27, 2000 and is available for viewing during regular library hours.
(7) May 15, 2000 - Council/Agency Minutes - Page 7
Hunter Pollard spoke in rebuttal to the comments made by two speakers at the May 1, 2000
Council meeting in opposition to mobile home rent control. He stated that the first speaker,
Shane Bankston, a mobile home park manager, provided inaccurate space rent information.
Mr. Pollard also spoke in opposition to the request made by the second speaker, Vickie Talley,
that Mark Porter not be re -appointed to the Mobile Home Advisory Board as a citizen -at -large
member. Mr. Pollard questioned how Ms. Talley, who he stated is a paid employee of the
Manufactured Housing Educational Trust, can predict the vote of a board member.
Ron McLin, Longboard Restaurant, spoke in opposition to the proposed fees on the downtown
parking issue, and urged Council to defer the validation parking program for further study.
Mr. McLin expressed his appreciation to Council, and stated that the downtown merchants do
not feel that a valid system is being proposed.
Bruce Miliken, Longboard Restaurant, on behalf the Restaurant Association asked Council to
reconsider the validation parking program. Mr. Miliken provided historical information on
previous rates charged and the hours of operation of the parking garage. Mr. Miliken spoke of
the need for a valid parking system and stated his support of the agenda item as proposed by
Mayor Garofalo and Councilmember Sullivan.
Joey Racano, representative of PALS (Political Action for Little Shell) displayed a picture taken
in 1875 of the Huntington Beach coastline and its surrounding area. He spoke in opposition to
the proposed development into town homes of what he termed the "Little Shell Wetlands." Mr.
Racano read a speech regarding environmental factors and urged Council to take a stand for
Little Shell and the Bolsa Chica Mesa.
Don Slaven, Huntington Beach -Seal Beach Chapter of the Surfrider Foundation, spoke
regarding the famous sculpture, The Ultimate Challenge, located at Huntington Street and
Pacific Coast Highway. He stated his opposition to the whale bone sculpture approved for the
beach entryway at the May 1, 2000 City Council meeting. Mr. Slaven informed Council that he
believes that the oil trader spill proceeds should be spent on water analysis. He stated that he
was leaving a report from the foundation regarding the whalebone sculpture. He presented the
report to the City Clerk. Along with Mr. Slaven, Bill Gregory also spoke in opposition to
"whalebones in the sand," pollution, and urban runoff.
Tawn Wolfe, Gables Condominium Complex resident, spoke in opposition to the land lease
increases proposed by the landowner. She read a copy of the City Attorney's findings and
commended the Attorney's Office for the depth of the report. Ms. Wolfe expressed special
appreciation to Special Counsel Robert Wheeler of the City Attorney's Office. She thanked
Council for its attentive action on this issue.
Virginia Sims congratulated Mayor Pro Tern Harman for his party's nomination to run for State
Assembly. She spoke regarding the efforts of the mobile home rent control proponents.
Ms. Sims spoke in opposition to inquiries into alleged contributions to Mayor Pro Tern Harman's
campaign.
Bob Biddle, board member of Huntington Beach Tomorrow, thanked Assistant City
Administrator Fallon for her contributions, assistance, and input. He stated that she always
responded graciously and quickly to present the city's positions on issues of concern to the
board.
(8) May 15, 2000 - Council/Agency Minutes - Page 8
Steve Daniel addressed Council in support Mayor Garofalo and Councilmember Sullivan's
proposal set forth on the agenda regarding the downtown parking structure. Mr. Daniel
informed Council that he believes the marketing plan will increase the occupancy rate from 40%
to 50% for parking. He stated that he prefers a monthly review of revenue received from the
parking structure.
Leonard Crane spoke in opposition to the campaign practice of attaching signs to bricks, which
he stated is dangerous. Mr. Crane also requested Mayor Garofalo to inform him of the revenue
source which funded the swimming pool at Ocean View High School.
Jim Campbell Vice President of Operations for 24 Hour Fitness Center, thanked Council and
staff for meeting with the Downtown Merchants Association. Mr. Campbell concurred with the
speaker, Steve Daniel, that a monthly review of revenue received from the parking structure is
needed.
Steve Gullage, President of the Huntington Beach Mobile Home Owners Association
(HBMOA), distributed a handout dated April 5, 2000 titled Brookfield Manor- Huntington Beach,
California. He presented a copy of the handout to the City Clerk. Mr. Gullage stated Shane
Bankston, manager of Brookfield Manor Mobile Home Park, who spoke at the May 1, 2000
Council meeting, stated that he has not raised the space rent until last year. Mr. Gullage
informed Council that the handout disputes this claim. He quoted figures and percentages
which he stated show the need for mobile home rent control.
Councilmember Sullivan inquired as to the meaning of the last column on the handout.
Mr. Gullage responded that it reflected water charges. Mr. Gullage stated he was reserving that
subject to speak about at another public comments session. He explained that the mobile home
park charges separately for water usage.
Kenneth Boddy spoke on behalf of Little Shell Wetlands. He read from Mayor Garofalo's
article in the Independent newspaper relative to the city leading the way in the battle against
urban runoff. Mr. Boddy asked Council what better way to fight than by protecting Little Shell
under Assembly Bill 2310.
Gary Modoff spoke on behalf of Little Shell Wetlands, stating that the Talbert Marshes do well
once opened, and that there have been bird sightings there.
Steve Orme, Director of 24 Hour Fitness Center, concurred with Steve Daniel in support of the
agenda item relative to the parking structure. He encouraged Council to adopt the resolution
set forth in the proposal by Mayor Garofalo and Councilmember Sullivan.
Doug Korthof congratulated the city for saving the coastline against urban development in
contrast to the city of Los Angeles, which he stated paves all the way to the ocean. He informed
Council that in Little Shell, however, conflict exists with the build -out to the coast. He stated that
the sea offers are killed by build -out, creating pollution and causing beach closure due to toxic
waste. Mr. Korthof informed Council he would like to promote awareness of Assembly Bill 2310,
which he stated is an attempt to destroy the coastland. He encouraged everyone to write
letters, sign petitions, and attend Coastal Commission meetings in support of the environment.
Mr. Korthof provided the online address: Little Shell.org.
(9) May 15, 2000 - Council/Agency Minutes - Page 9
Jan Vandersloot spoke on behalf of Little Shell Wetlands. He stated his opposition to the
agenda item on the Waterfront site expansion. He stated that Council must uphold public trust
and not relinquish this reserve to a private entity. Mr. Vandersloot referred to the Amigos de
Bolsa Chica, and related the incident of the tidelands of 20 years ago. He stated that Little Shell
is also an historic tidelands area, and should be protected by the Tidelands Public Trust
document. Mr. Vandersloot appealed to Councilmembers Dettloff and Green to prevent the
conveyance of the public land at Little Shell to Mayer Financial Ltd. He stated that the tidelands
should not belong to a private corporation. He informed Council that he considers development
of land belonging to the city to be prohibited by Section 10 under the State Constitution.
Pat Davis announced that she is in uniform to invite everyone to the Duck-a-Thon on Saturday
and Sunday, May 20`' and 21'` at the Pier Plaza. She spoke regarding the "Good Egg" award,
the Mayor's Race, and other events in support of the Huntington Beach Community Clinic.
Ms. Davis informed everyone that 42 ducks signed by celebrities such as Bob Hope and Sophia
Loren will go to auction at E- Bay.
.Jim Bastion, Los Amigos Mobile Home Park resident, commented on the public hearing
regarding the Single Room Occupancy (SRO). He pointed out that there is already a project for
senior housing, which is a mobile home park fof fixed income residents consisting of 145
homes, one third of which are occupied by widows, grand -and great-grandmothers. He
requested Council assistance for those who own their mobile homes rather than focusing on
items such as SRO housing. He spoke in support of a mobile home ordinance for space rent
control.
Don McGee spoke regarding the need for treatment of the urban runoff problem. He stated that
cosmetic enhancements should cease. Mr. McGee referenced "whalebones" being constructed
on the beach as a cosmetic example.
City Administrator Silver responded that he will speak regarding the urban runoff issue following
Public Works Director Beardsley's power point presentation on the subject. City Administrator
Silver requested that Council move the Public Works Department communication on urban
runoff forward on the agenda. The City Council unanimously concurred.
(City Council) Received and Filed Public Works Director's Urban RunofflCoastal
Remediation Action Plan — Update for May 2000 (520.30)
The City Council considered a slide presentation from Director of Public Works Beardsley that
had been announced earlier by the City Clerk as a Late Communication. The slide report
presentation is dated May 15, 2000 titled Urban Runoff/Coastal Remediation Plan Update. It
transmits the update for the month of May 2000 to the Public Works Director's Urban
Runoff/Coastal Remediation Action Plan. This plan, ratified by Council, provides the direction
taken to determine and abate the problems that contributed to the ocean advisory and postings
of last summer. A summary of the current activities is submitted and an update of the Director's
Action Plan will be provided at the Council meeting.
The City Council thanked Public Works Director Robert Beardsley for his update.
City Administrator Silver informed Council that there is a great deal of misunderstanding
regarding beach closures. He stated that the situation must be kept in context; that although
there have been 22 closures, only two were in Huntington Beach and that they were not actual
beach closures but ocean advisories.
(10) May 15, 2000 - Council/Agency Minutes - Page 10
City Administrator Silver displayed and distributed to Council a brochure that addresses how the
City Managers' Task Force meets and deals with urban runoff issues. He stated that the task
force has met with the Water Resources Board, but that there may not be funding until next
fiscal year - October 2000.
Discussion was held relative to the agenda item on the Consent Calendar regarding the
Memorandum of Understanding (MOU) between the City and the Orange County Sanitation
District (OCSD).
Public Works Director Beardsley responded to questions on topics including the bacterial count
of sand berms. He described the tidal flushing action during high and low tides, and the specific
times when the berms can be removed without adversely affecting the Talbert Marsh.
(City Council) Directed City Attorney to Prepare a Resolution and Bylaws to Establish a
Children's Needs Task Force (110.20)
The City Council considered a communication from Councilmembers Shirley Dettloff and
Dave Sullivan, Council liaisons to the ad hoc Children's Needs Task Force, informing Council of
the need to establish a permanent Children's Needs Task Force with members appointed by the
City Council.
A motion was made by Sullivan, second Bauer to (1) Approve the establishment of a
permanent Children's Needs Task Force; and (2) Direct the City Attorney to prepare a
Resolution and Bylaws to establish the Children's Needs Task Force per Council adopted Goals
and Objectives. The motion carried by the following roll call vote:
AYES: Bauer, Sullivan, Harman, Garofalo, Dettloff
NOES None
ABSENT: None (Julien, Green out of the room)
(City Council) Received and Filed Report by Chief of Police Re: FBI Statistics Reflecting
Drop in City of Huntington Beach Crime Rate for 1999 in Comparison with 1998 (160.10)
The City Council considered a presentation by Chief of Police Ronald Lowenberg regarding the
FBI's recently released crime statistics for cities with populations over 100,000, comparing 1998
to 1999 crime rates. In that comparison, Huntington Beach showed an overall decrease of
17.4 percent'in serious crimes. The crime rates that are measured are homicide, rape, robbery,
aggravated assault, burglary, vehicle theft and arson. Of the Orange County cities measured,
Huntington Beach showed the largest drop in crime.
This crime reduction can be attributed to a number of factors, including a robust economy, low
unemployment, community awareness and the community policing and enforcement efforts of
the police department. Over the last several years a great deal of emphasis has been placed
on working with the community in a wide variety of areas to maintain and improve the quality of
life for all the city's residents and business owners. This relationship has most certainly
contributed to this recent reduction in crime.
Police Chief Lowenberg informed Council that Huntington Beach remains one of America's
safest cities. He commended the city's policemen and policewomen as among the very finest of
police forces.
Council thanked Chief Lowenberg for his report.
(11) May 15, 2000 - Council/Agency Minutes - Page 11
(City Council) Direct Orange County Sanitation District (OCSD) to Expedite the Crossing
of Warner Avenue — for the Sewer Project on Goldenwest Street — Ken Thompson, Inc.
(Contractor) ( . ) to ZQ./O
The City Council considered a communication from the Public Works Director informing Council
that the Orange County Sanitation District (OCSD) is constructing a 36-inch diameter sewer
approximately 20 feet deep in the center of Goldenwest Street. Public Works staff and OCSD
staff and their contractor, Ken Thompson, Inc. met to explore ways to expedite their project.
Discussion focused on the upcoming crossing of Warner Avenue and the extensive construction
of a manhole in the center of the intersection.
Earlier in the meeting, the City Clerk announced that a Late Communication had been received
on this item dated May 15, 2000 from the Director of Public Works transmitting a correction to
this agenda Item, revising the recommended action. Communication titled Correction to
May 15, 2000 City Council Agenda.
Public Works Director Beardsley introduced Mr. John Lender, OCSD Construction Manager who
presented background information and informed Council that the contractor is willing to work 24
hours a day to complete the project.
Discussion ensued regarding the best possible hours for the closure of the intersection due to
the impact to traffic flow.
Mayor Pro Tern Harman expressed many concerns, including the relative speed at which the
project is currently proceeding. He also stated that most of the crews are tunneled
underground, and therefore the majority of the work is sub -surfaced. Mayor Pro Tern Harman
also mentioned the need for extensive signage and the inherent problem of traffic congestion.
A motion was made by Bauer, second Dettloff to concur with staff recommendation that the
Orange County Sanitation Department's contractor, Ken Thompson, Incorporated, expedite the
crossing of Warner Avenue in one continuous pass during weekdays starting May 22, 2000. The
contractor Is to work only in the evening from 8:00 P.M. to 6 A.M. during this closure for
however many days are needed. This would result in Warner Avenue being closed to both left
turns and through traffic at Goldenwest Street, while right turns would be permitted onto
Goldenwest Street at all times. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
NOES Harman
ABSENT: None
Due to the lateness of the hour, a motion was made by Green, second Mayor Garofalo to
adjourn at approximately 11:00 P.M. The motion carried unanimously with all present
(City Council) Public Hearing — Denial of Appeal Filed by Dr. James Lu, Amwest
Environmental, Inc. of Planning Commission's Denial of Conditional Use Permit
No. 99-31/Negative Declaration No. 99-11 — 8102 Ellis Avenue, 400 Feet e/o Beach
Boulevard, Single Room Occupancy (SRO) — Directed Staff to Prepare Findings for Denial
for Presentation at the June 5, 2000 Meeting (420.40)
(12) May 15, 2000 - Council/Agency Minutes - Page 12
Mayor Garofalo announced that this was the time scheduled for a public hearing to consider an
appeal filed by Dr. James Lu, Amwest Environmental, Inc. of the Planning Commission's denial
of the following _
Applicant/Appellant: Dr. James Lu, Amwest Environmental, Inc.
Request: To permit the development of a 107 unit single room occupancy project. The project
consists of efficiency apartment units for very low and low income individuals.
Location: 8102 Ellis Avenue (south side of Ellis Avenue approximately 400 feet east of
Beach Boulevard).
Environmental Status: An initial environmental assessment for the above item was processed
and completed in accordance with the California Environmental Quality Act. It was determined
that the above item would not have any significant environmental effect and, therefore, a
negative declaration is warranted. This environmental assessment is on file at the City of
Huntington Beach Planning Department, 2000 Main Street, and is available for public inspection
and comment by contacting the Planning Department.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
The City Clerk announced following Communications, which she had received on the hearing.
Eleven letters of opposition from Huntington Beach residents relative to the Public Hearing titled
Appeal filed by Dr. James Lu, Amwest Environmental, Inc. of Planning Commission's Denial of
Conditional Use Permit #99-31INegative Declaration #99-11 — 8102 Ellis Avenue, 400 feet e/o
Beach Blvd — Single Room Occupancy (SRO). Letters submitted: Todd and Wendy Freitas,
Barbara Sisson, Stephen Burris, Ami Racin, Henry Herbst, Brian and Simone Barsuglia, Khalid
and Dalia Shams, Carol Nehls, Sue Warnke, George Tseko, and M.K. Watts.
Fourteen letters received from Huntington Beach residents in opposition to City Council
approval of Conditional Use Permit No. #99-31 — Single Room Occupancy (SRO) at 8102 Ellis
Avenue, which are included in the Council packet.
Letter from Christobel Berger in opposition to the proposed Ellis Avenue Single Room
Occupancy (SRO).
Petition listing approximately 86 signatures of Huntington Beach residents requesting City
Council approval of Conditional Use Permit No. #99-31 — Single Room Occupancy (SRO) at
8102 Ellis Avenue. Petition submitted by Magda Saboro Saldano. (Complete petition available
for public review at the Office of the City Clerk).
A separate petition listing approximately 55 signatures of Huntington Beach residents
requesting City Council approval of Conditional Use Permit No. #99-31 — Single Room
Occupancy (SRO) at 8102 Ellis Avenue. Petition submitted by Magda Saborio Saldano.
(Complete petition available for public review at the Office of the City Clerk).
Petition listing approximately 6 signatures of Huntington Beach residents requesting City
Council approval of Conditional Use Permit No. #99-31 -- Single Room Occupancy (SRO) at
8102 Ellis Avenue. Petition submitted by Magda Saborio Saldano. (Complete petition available
for public review at the Office of the City Clerk).
(13) May 15, 2000 - Council/Agency Minutes - Page 13
Petition listing approximately 13 signatures of Huntington Beach residents requesting City
Council approval of Conditional Use Permit No. #99-31 — Single Room Occupancy (SRO) at
8102 Ellis Avenue.
Communication dated May 11, 2000 from Amwest Environmental Group, Inc. (Appellant)
transmitting information regarding the proposed development of a Single Room Occupancy
(SRO) Affordable Housing on Ellis Avenue. Communication titled Facts for the Development of
a Single Room Occupancy (SRO) Affordable Housing at 8102 Ellis Avenue, Huntington Beach,
California.
Communication dated May 15, 2000 from the Planning Department transmitting alternative
findings for denial of the CUP #99-31/ND #99-11. Communication titled Item D-1 — City Council
Public Hearing — May 15, 2000 — Alternative Findings for Denial — Negative Declaration No. 99-
11/Conditional Use Permit No. 99-31.
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
May 15, 2000. Slide show presentation is titled Appeal of Planning Commission's Denial of Ellis
Avenue Single Room Occupancy: Conditional Use Permit No. 99-31; Negative Declaration
No. 99-11.
Request for Suspension of Public Hearing
Per Robert's Rules of Order as advised by Assistant City Attorney Paul D'Alessandro, a motion
was made by Mayor Pro Tem Harman, second Green to suspend the public hearing. The
motion carried by the following roll call vote:
AYES: Julien, Harman, Garofalo, Green
NOES: Sullivan, Dettloff, Bauer
ABSENT: None
The foregoing public hearing on the appeal filed by Dr. James Lu, Amwest
Environmental, Inc. of the Planning Commission's denial of Conditional Use Permit
No. 99-311Negative Declaration No. 99-11 was suspended. The item is continued on
page 14.
(City Council) Continued Open to 6/19100 - Public Hearing to Approve Zoning Text
Amendment No. 99-4 Park In -Lieu Fees for Residential Properties — Approve Introduction
of Ordinance No. 3468 -- Council Committee & Staff Directed to Meet with Building
Industries Association (BIA) (640.10)
Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the
following:
Applicant: City of Huntington Beach
Request: To amend Section 254.08 of the Huntington Beach Zoning and Subdivision
Ordinance (ZSO) addressing the method to calculate parkland in -lieu fees for residential
development.
Location: Citywide.
(14) May 15, 2000 - Council/Agency Minutes - Page 14
Environmental Status: 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.
A motion was made by Mayor Pro Tern Harman, second Green to (1) Open the hearing and
continue the public hearing open to June 19, 2000; and (2) Appoint a Council Committee to hold
no more than two meetings with staff and the Building Industries Association (BIA); and
(3) Appoint Mayor Garofalo, Mayor Pro Tem Harman, and Councilmember Bauer to said
Council Committee.
The motion carried by the following roll call vote:
AYES: Julien, Harman, Garofalo, Green
NOES Sullivan, Dettloff, Bauer
ABSENT: None
The following item is continued from page 13 :
(City Council) Public Hearing -- Denial of Appeal Filed by Dr. James Lu, Amwest
Environmental, Inc. of Planning Commission's Denial of Conditional Use Permit
No. 99-311Negative Declaration No. 99-11 — 8102 Ellis Avenue, 400 Feet elo Beach
Boulevard, Single Room Occupancy (SRO) — Directed Staff to Prepare Findings for Denial
at the June 5, 2000 Meeting (420.40)
Planning Director Howard Zelefsky presented a report on the background of the project. He
turned the presentation to Jane James, Associate Planner for the development. Associate
Planner James announced that a six minute video of the Irvine Single Room Occupancy is
available for viewing.
Mayor Garofalo declared the public hearing open.
Public Hearing Comments
James Lu, appellant, gave a slide presentation on his proposed Ellis Avenue single room
occupancy project, listing the reasons for doing the project as (1) health and safety issues, (2)
beautification of the neighborhood, (3) to provide a good buffer between current residential and
commercial zones, (4) to improve business, and (5) to assist city in providing affordable
housing.
Charles Tsang, Project Manager, stated he was not going to reiterate Mr. James Lu's
comments, but shares first hand knowledge of the development. Mr. Tsang stated that he has
not developed single room occupancy housing in the past, but has visited managed projects
and found them to have many amenities.
Morris Bolter, the architect for the appellant, stated that Jane James, Associate Planner, has
covered all that needs to be said. He informed Council of the intent of the project. Mr. Bolter
stated that the project meets all criteria standards, and that security is of prime importance. He
added that although the building is three stories high, the guidelines set in code insure that it is
not an impossible project to accomplish, from a height and distance standpoint. Mr. Bolter
stated that he would be glad to answer any technical questions.
(15) May 15, 2000 - Council/Agency Minutes - Page 15
Glanna Solari, Vice President of Solari Enterprises, informed Council that it is a family business
located in the city of Orange that specializes in affordable housing. She stated that her
business manages 1700 units, including the Sea Lights Single Room Occupancy (SRO)
housing in the city of Fullerton. Ms. Solari described the SRO's tenant selection criteria, such
as background checks on credit history, eviction, previous landlord information, criminal record,
and household composition and income. She stated that many efforts are made toward parking
control, including issuing and managing parking spots, and that there is 24-hour management
on the premises.
Randy Allison, representative for the applicant, Amwest Environmental Group, Inc. spoke
regarding the SRO project and provided the background history on how it was put on hold
during the recession. He commented on some of the complaints about the proposed project,
including the square footage of the rooms as being too small. He stated that the applicant
agrees to rent on a month -to month -basis. Mr. Allison spoke relative to some of the
misconceptions about crime and drugs, and produced two job announcement flyers, one from
the Huntington Beach Union High School District, and the other from the Police Department,
which reflect the employee salaries which would be applicable to project income requirements.
These flyers were presented to the City Clerk.
Maureen Sheehan, spoke in favor of the project. Ms. Sheehan stated that she speaks on
behalf of religious and civic leaders who gathered together to seek for a spiritual solution to
meet the needs of the poor, the elderly, and children with kindness, compassion and justice.
Robert Butler, owner of two fourplexes on Demion Lane, expressed the concern of his tenants
and himself of the inherent problems of having the Ellis Avenue single room occupancy project
in the neighborhood. He stated that problems include the depreciation of property values, the
detrimental effects to children playing in the streets, and greater proliferation of the grafitti
already found on the dilapidated child care center in the area. Mr. Butler stated that the SRO in
the city of Irvine is doing well because it is located in an industrial area of the city.
Randy Kolal, spoke in opposition to the Ellis Avenue single room occupancy project as
inconsistent with the rest of the neighborhood of low and medium density housing. He stated
that there are two bars as well as a liquor store in the area, and that what he views as an
existing alcohol problem will be exacerbated by the project. Mr. Kolal related that there are also
existing problems with grafitti and broken bottles and trash strewn about the property.
Liz Phibbs informed Council that she lived in a single room occupancy for about a year; during
which time she and her spouse were able to save for a home. She stated that she is a nurse,
and not a prostitute nor a drug addict. Ms. Phibbs further stated that she would consider SRO
efficiency living again in the future.
Joan Selfridge, retired social worker for seniors, stated that she had made a bad property
investment in the past and is currently a renter. Ms. Selfridge stated that as she is in need of a
roommate, she would not be opposed to living in single room occupancy housing. She informed
Council that there is a four-year waiting list for senior housing, and expressed the need for an
SRO. Ms. Selfridge informed Council that the Oak View area and Demion Lane are both known
to be on the police blotters.
Pat Goodman stated that she lives within a mile of the proposed project, and spoke in support
of single room occupancy for the homeless. Ms. Goodman informed Council that low-income
housing covers a great range, and that the proposed SRO is only a part of the solution to save
affordable housing in Huntington Beach. She stated that the city's Waterfront Hilton and
(16) May 15, 2000 - Council/Agency Minutes - Page 16
Wal-Mart will bring in jobs, and that there is a need to address housing needs for the low
income workers they will hire. Ms. Goodman pointed to the policy on the human dignity plaque
on the Council Chamber wall made by the Council, and stated that it refers to economic
diversity as well.
Diana Wong spoke in favor of the project. Ms. Wong informed Council that living in single room
occupancy housing enables her to be a more productive citizen.
Don Nanis informed Council that he had lived in single room occupancy housing for a few
months. Speaking in favor of the project, Mr. Nanis stated that he never witnessed any
evidence of prostitution or other criminal elements at the SRO where he stayed; that someone
who is homeless would be more inclined to commit crimes.
,John Pitman spoke in favor of the project, and expressed his hope that it becomes a reality.
Mr. Pitman informed Council that he works in a clubhouse for the disabled and he realizes how
difficult it is for them to find housing.
Steve Secord, informed Council that as a person of low income, he is in favor of the Ellis
Avenue single room occupancy project as providing greater opportunity for people such as
himself and his friends.
Bob Biddle, Huntington Beach Tomorrow, stated he supports single room occupancy in
concept, if it is an intelligently planned one with adequate space and parking. Mr. Biddle stated
that this is not what is before Council. He informed Council that the SRO in the city of Irvine is
also not adequate; that there is no convenient grocery shopping nearby. Mr. Biddle stated that
the city should work with the applicant to change the zoning to commercial and get a better
return for its efforts.
Marjorie Niland spoke in support of the project. She stated that she lived in Huntington Beach
for 35 years and had lost her home due to circumstances beyond her control. She informed
Council that she was a professor who developed an incurable neurological disease and was
diagnosed with a disability. Ms. Niland stated that she then had to live in a motel with five
children because of the lack of affordable housing, and never witnessed prostitution nor drug
dealing as taking place there.
Mark Singer informed Council that as a resident of 18 years, he is opposed to the Ellis Avenue
single room occupancy project. Mr. Singer stated that there is a need for an SRO but that the
particular project is ill planned, ill-conceived, and aesthetically displeasing. He related that the
project is going to impact traffic, and that the cumulative effect, with the Wal-Mart going into the
neighborhood, had not been studied. Mr. Singer pointed out that there are more living units
than parking spaces; that there is a need for more than one car per unit.
Barbara Boskovich informed Council that at the Planning Commission level, she had gathered
363 signatures in opposition to the Ellis Avenue single room occupancy project. She stated that
she is presenting a petition with additional signatures. The petition, together with one letter from
the Seto Family, was presented to the City Clerk. Ms. Boskovich stated that the project is not in
a proper location; that county guidelines require that an SRO not be built adjacent to bars or
liquor stores. She stated that business is not flourishing in the area. Ms. Boskovich informed
Council that she is opposed to the three-story SRO building as persons can look down into the
two-story duplexes. She inquired as to when the city conducted the last traffic study.
(17) May 15, 2000 - CouncillAgency Minutes - Page 17
Angela Fan informed Council that she works for a medical group one block from the project
site, and has co-workers — nurses and pharmacy clerks - who commute because they cannot
afford to live in Huntington Beach. Ms. Fan stated that she collected signatures of those in
support of the Ellis Avenue single room occupancy project and has submitted them to Council.
She informed Council that she is an owner of a four-plex and has never encountered a low
income person who is involved with drugs and other crimes. Ms. Fan stated that it is a
misconception to equate the two, and urged Council to approve the proposal.
Jack Wenzel spoke in opposition to the Ellis Avenue single room occupancy project. He
informed Council that he does not live in the city, but does own property near the proposed site.
Mr. Wenzel expressed his fears relative to crime, stating that it is a poorly planned project.
Fred Bruning informed Council that he is not opposed to low income housing, but that the
proposed project is not in a good venue. Mr. Bruning spoke relative to specific adverse impact
that the proposal could have on health and safety. He stated that single room occupancy
guidelines provide certain standards, such as avoiding residential neighborhoods and those with
bars and liquor stores nearby. He expressed his concern regarding the three-story SRO
building, where tenants can look into the windows of the residents living in the two-story
duplexes. Mr. Bruning also stated that parking is a problem, and named other cities in which he
views that prostitution and drug problems exist. He inquired if a property owner who cannot
avoid code violations on his vacant lot, can be a good prospect as a developer.
Chauncey Alexander informed Council that he is an original member of Huntington Beach
Tomorrow, which Mayor Pro Tem Harman founded. Mr. Alexander asserted his disagreement
with the speaker, Mr. Biddle. He stated that the city is below the requirement for low-cost
housing, but that he recognizes the fear of crime surrounding such a project. Mr. Alexander
expressed his belief that engaging in an improved project would be good for the community, and
stated his shock at those Planning Commission members who voted against the Ellis Avenue
single room occupancy project. Mr. Alexander spoke about the fear, bias and discrimination
that constitute opposition. He related that City Councilmembers led the movement toward
human dignity, and urged them now to support the project.
Sally Alexander stated her concurrence with the last speaker, Chauncey Alexander. She
spoke in favor of opening Huntington Beach to diversity in a dignified way.
Robert Cronk informed Council of his futile attempts to meet with the applicant's
representative, Randy Allison, in an effort to discuss the Ellis Avenue single room occupancy
project. Mr. Cronk expressed his opinion that neither developer nor his representative care
what the community thinks. Mr. Cronk described what he perceives as a U266 square foot box'
with only a microwave for cooking facilities. He also referred to the high rental charge that is
being proposed.
Ann Palmer informed Council that she is registering her opposition to the Ellis Avenue single
room occupancy project. Ms. Palmer spoke relative to what she perceives as the
inappropriateness of the project; that the facility is unsuitable, if not unsavory for seniors. She
spoke relative to improving the condition of mobile home parks as an option. Ms. Palmer stated
how the type of single room occupancy in question exacerbates problems found in high density
housing and cramped living quarters. She stated that if the SRO is to be built at all, it should be
according to guidelines. Ms. Palmer informed Council that she was also opposed to the
Wal-Mart project.
(18) May 15, 2000 - Council/Agency Minutes - Page 18
Marlene Mcllroy, resident of Huntington Beach, urged Council not to vote for approval of the
Ellis Avenue single room occupancy project. She expressed her concerns about her safety and
feelings of vulnerability. Ms. McIIRoy stated the project will have a negative impact on property
values, and remarked at the ease at which she was able to gather signatures, and presented a
petition in opposition to the SRO to the City Clerk.
Kirk Kirkland informed Council that he had served on the Planning Commission during which
time single room occupancy guidelines were being investigated. He related that the city of
San Diego has about seven or eight SROs that he stated were exemplary for people "living on
the fringe." He described a desperate need for housing for qualified, low-income workers such
as entry level police, teachers, and nurses.
Marlene Watkins stated that she is registering her opposition on behalf of the residents of
Demion Lane who live near the proposed site for the single room occupancy project. She
informed Council that she is also low-income, but that Ellis Avenue would not be a good location
for an SRO.
Ley Malilay stated her opposition to a single room occupancy housing at the site of Beach
Boulevard and Ellis Avenue. Ms. Malilay qualified that she is not against low-income housing,
but is speaking due to concerns about safety. She informed Council that she has also heard
similar complaints from people living at nearby Forelle Drive.
Jeff Lebow presented information on a study conducted in 1991 relative to per capita income
from which he quoted figures. Mr. Lebow commended staff and spoke in support of the project.
Bill Bernard complimented staff and spoke regarding the Orange County Housing Authority.
He spoke relative to what he stated as HUD (Department of Housing and Urban Development)
and its concept as starting at the lowest side of rainbow of humanity with the homeless, with the
self-sufficient at the extreme opposite end. Mr. Bernard stated that the single room occupancy
was somewhere in between. He encouraged everyone to view the six -minute video on the SRO,
and spoke in favor of the SRO project in the Ellis Avenue area.
Connie Boardman stated her opposition to the Ellis Avenue single room occupancy project;
that the living quarters are little more than sleeping rooms and therefore inadequate as housing.
Ms. Boardman also spoke regarding the development's impact on traffic; stating that when
traffic is bad on Talbert Avenue, traffic will be diverted to Ellis Avenue, adding congestion there.
Ms. Boardman referred to the 83 parking spaces available for 107 units, and that she is unclear
as to where visitors are expected to park.
Glenn Selvin spoke in opposition to developing the single room occupancy project on Ellis
Avenue, equating it with "The Condom Revolution" store on Beach Boulevard and other
businesses that he stated he finds objectionable. Mr. Selvin presented what he perceives as an
obvious solution: build the SRO in Seacliff Village where there are no liquor stores or bars.
Lou Baker presented what he perceives as an option available on behalf of the development of
low income housing that he stated had not yet been addressed. Mr. Baker informed Council
that Councilmember Green responded to his call to set up an appointment and explore the
possibility of constructing single room occupancy housing on the site of the Pacifica Hospital
building. Mr. Baker presented a petition opposing the Ellis Avenue single room occupancy
(SRO) to the City Clerk.
(19) May 15, 2000 - Council/Agency Minutes - Page 19
Frederick P. Kent informed Council that he owns the four-plex building on Demion Lane and
that he moved into one of its units. Mr. Kent spoke in opposition to the proposed construction of
the Ellis Avenue single room occupancy project that would be adjacent to his property. He
stated that this particular area is not suitable for the city to plan an SRO project and real estate
principles bear this out. He asserted that in putting unlike properties together, one will increase
while the other will decrease in value. Mr. Kent further stated that he finds it unfortunate that
those properties declining would be the properties on Demion Lane. He presented the option of
building more churches and similar types of rousing on the site.
Mike O'Grady spoke in favor of the project due to what he perceives as inadequate affordable
housing in the city.
Brian Barsuglia stated his opposition to the project as not being appropriate due to traffic
considerations. He spoke relative to the applicant's appeal as coercive because he stated the.
applicant threatened discrimination if the project does not move forward.
Jim Martin stated his opposition to the single room occupancy project on Ellis Avenue for three
reasons: Location, location, and location. Mr. Martin expressed his concerns relative to staffs
guidelines for SROs, the three bars located near the project site, and traffic problems.
Mr. Martin informed Council that there are two real estate professionals on the Planning
Commission who understand that location is primary. He stated that there is a need for low-
income housing, and concurs that Seacliff is a good location for the project.
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.
Councilmember Bauer spoke regarding his favorable impression of the single room occupancy
project he visited in the city of Irvine. He informed Council that he discussed criteria relative to
SROs with its Vice President, Tony Salazar including adequate cooking facilities. and parking
accommodations, an appropriate location, and the requisite number of occupants per unit.
Councilmember Bauer stated that Mr. Salazar advises against allowing more than one occupant
to a room. Councilmember Bauer stated that he is not going to be supporting a motion to
approve the project.
Councilmember Dettloff stated that she echoes Councilmember Bauer's concerns and posed
questions regarding which guidelines would be followed and how staff will plan management of
the project. Associate Planner James responded that in 1991, the city adopted the Orange
County guidelines that had been formulated by a task force and that the applicant is going to be
required to complete a compliance report.
Associate Planner James stated that if the applicant's appeal is denied, State law requires that
Council make a finding based on one out of six criteria, such as a specific adverse impact on
public health and safety.
Councilmember Dettloff informed Council that she will be voting in favor of the staff
recommendation for several reasons; one, that there is a desperate need for affordable housing,
and two, the project meets and exceeds development standards for SROs. She further stated
that the city has an ordinance in place, and that the city will plan to conduct a review every six
months to give protections.
(20) May 15, 2000 - Council/Agency Minutes - Page 20
Councilmember Green presented, as a compromise, an SRO for seniors only, which he stated
will cut down on the potential crime factor. He stated he was of the understanding that the city
would start with this segment of the population. Councilmember Green informed Council that he
is not interested in approving an SRO with cubicles of 200 square feet per unit; that for two
people it would constitute living in a cell. He stated that he is going to vote against the project.
Councilmember Julien stated that there is a need for low income housing, but expressed her
concern that 89 parking spaces is not adequate for the 107-unit project; especially since 50% of
the units will be double occupancy. She echoed Councilmember Sullivan's concern that
subtracting kitchen and bath from the square footage leaves very little living space.
Councilmember Julien informed Council that she is going to oppose a motion to approve.
Mayor Garofalo inquired about the configuration of the parking lot, to which Associate Planner
James responded that parking spaces for the SRO are going to encroach upon the parking lot
on the north side of the adjacent Town and Country Shopping Center.
Mayor Garofalo requested that if Councilmember Bauer would make a motion to approve the
Planning Commission's recommendation of denial, that he would second the motion.
A motion was made by Bauer, second Mayor Garofalo to I. Approve Planning Commission's
recommendation of denial of Negative Declaration No. 99-11 and denial of Conditional Use
Permit No. 99-31; and 2. Direct staff to present findings for denial of Negative Declaration
No. 99-11 and denial of Conditional Use Permit No. 99-31 at the June 5, 2000 meeting. The
motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Bauer
NOES Dettloff
ABSENT: None
Consent Calendar -- Items Removed for Separate Discussion
Establishing Reward Money for Murder Case -- Resolution No. 2000-48 (Bridgette Ballas)
Consent Calendar — Agenda Items Added for Approval
A motion was made by Sullivan, second Green to add for approval the agenda items on
ordinances and Mayor Garofalo's and Councilmember Sullivan's collaborative item to the
Consent Calendar. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green Dettloff, Bauer
NOES None (Bauer— No on H-Item)
ABSENT: None
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council/Redevelopment Agency regular meetings of April 17, 2000 and adjourned regular
meetings of April 24, 2000 as written and on file in the Office of the City Clerk.
(21) May 15, 2000 - Council/Agency Minutes - Page 21
(City Council) Approved Plans and Specifications and Authorized Advertisement for the
Reconstruction of Sewer Lift Stations (1) Station "A" CC-1060 e/o Admiralty Drive, n/o
Pacific Coast Highway and (2) Brookhurst Street/Effingham Drive; CC-1061 — Approved
Sample Contract (600.60) —1. Approved the attached sample contract subject to award of
contract to the lowest responsive/responsible bidder; and 2. Approved final plans and
specifications, and direct the City Clerk to advertise the Sewer Lift Station Improvements for bid.
(City Council) Approved Memorandum of Understanding (MOU) Between the City of
Huntington Beach, County of Orange, and the Orange County Sanitation District to Allow
Management and Coordination of Assembly Bill 411 Urban Runoff Issues and Authorized
Execution of Agreement (600.25) — Approved the Memorandum of Understanding Among
County of Orange, City of Huntington Beach, Orange County Sanitation District and authorized
the Mayor and City Clerk to execute on behalf of the City.
(City Council/Redevelopment Agency) Approved and Accepted Easement Dedication
Deed from Agency to City for Pedestrian Overpass Purposes at Beach Boulevard and
Pacific Coast Highway (a Portion of Lot 1, Tract No. 15535) — Pursuant to the Disposition
and Development Agreement (DDA) — Mayer Financial Ltd. (Waterfront Hotel/Ocean
Grand Resort) (650.30) — Redevelopment Agency Actions: Approved and authorized the
Chairman and the Agency Clerk to execute the Easement Deed titled Easement Deed for
Pedestrian Overpass Purposes from the Redevelopment Agency to the City of Huntington
Beach for pedestrian and overpass purposes pursuant to the Disposition and Development
Agreement between the Agency and Mayer Financial Ltd. (Waterfront Hotel/Ocean Grand
Resort) Tract No. 15535; and City Council Action: Directed the City Clerk to affix the City's
deed acceptance and record with the Orange County Recorder.
(City Council) Accepted the Resurfacing of 61 Various Local Residential Streets and File
a Notice of Completion — All American Asphalt — MSC404 — Approved Additional
Expenditure of Funds (600.90) —1. Accepted the resurfacing of 61 various local streets; and
2. Authorized the City Clerk to file the Notice of Completion with the County Recorder's Office;
and 3. Approved an additional expenditure of $89,076 over the approved contract between the
City and All American Asphalt.
(City Council) Authorized the Sale of Redevelopment Agency Owned Mobile Homes
Located in Ocean View Estates Mobile Home Park (Coaches in Space Nos. 15, 19, & 20)
(600.30) —1. Authorized Real Estate Services to prepare the necessary documents and
proceed with the sale of the mobile homes located in spaces 15, 19, and 20 with following list
prices: Coach No. 15, $69,000; Coach No. 19, $72,000; Coach No. 20, $70,000; 2. Granted
Real Estate Services the authority to negotiate the final sales price; and 3. Authorized the
Director of Administrative Services and the Agency Clerk to execute any and all necessary
documents approved as to form by the City Attorney to facilitate the sale of the mobile homes.
(City Council) Approved Professional Services Contract with MNA Consulting for
Professional Planning Services in Connection with the Annexation of Shea Property to
the City of Huntington Beach - (Unincorporated Area of Bolsa Chica) - Approved
Expenditure of Funds (600.10) — 1. Approved the Professional Services Contract Between
the City of Huntington Beach and MNA Consulting for Professional Planning Services as
prepared by the City Attorney's Office, and authorized the Mayor and City Clerk to sign; and 2.
Authorized expenditures in the amount of $22,375.
(22) May 15, 2000 - Council/Agency Minutes - Page 22
(City Council) Approved Reimbursement Agreement with Shea Homes Limited
Partnership for Professional Planning Services in Connection with the Annexation of
Shea Property to the City of Huntington Beach — (Unincorporated Area of Bolsa Chica)
Approve Appropriation of Funds (600.10) --1'. Approved the Reimbursement Agreement
Between the City of Huntington Beach and Shea Homes, L.P., for Professional Planning
Services as prepared by the City Attorney, subject to mutual agreement by the City and Shea
Homes Limited Partnership, and authorize the Mayor and City Clerk to sign; and 2.
Appropriated funds, in the amount of $22,375 in connection with the Reimbursement Agreement
Between the City and Shea Homes Limited Partnership.
(Redevelopment Agency) Approved the First Implementation Agreement to Amended and
Restated Disposition and Development Agreement (DDA) with Mayer Financial, LP.
(Waterfront Site Expansion— Hilton Grand Coast Resort) (600.30) -- Approved the First
Implementation Agreement to Amended and Restated Disposition and Development Agreement
with Mayer Financial, LP. (Waterfront — Grand Coast Resort) — First Implementation Agreement
to Amended and Restated Disposition and Development Agreement between the
Redevelopment Agency and Mayer Financial, LP, and authorized execution by the Agency
Chairperson and Agency Clerk.
(City Council/Redevelopment Agency) Approved Two Housing and Urban Development
(HUD) Section 108 Loans With Inclusion of Pages Submitted by HUD for (1) Grand Coast
Resort and (2) City Gym and Pool - Approved Brownfield Economic Development
Initiative Grant (Waterfront Hilton Grand Coast Resort) -- Adopted Resolution No. 2000-49
— Authorized Expenditure of Funds (600.15) — City Council Actions: 1. Adopted
Resolution No. 2000-49 — A Resolution of the City Council of the City of Huntington Beach
Approving a Housing & Urban Development Section 108 Loan to Assist in Renovating the City
Gym and Pool and Authorizing the Mayor to Execute the Note and All Other Documents in
Connection Therewith; and 2. Approved and authorized execution by Mayor and City Clerk of
Contract and Note with the Department of Housing and Urban Development (HUD) for a $2.57
million Section 108 Loan for renovation of the City Gym and Pool project; and 3. Authorized
expenditure not to exceed $25,000 from Community Development Block Grant Administration
Fund for closing costs associated with the City Gym and Pool; and 4. Approved and authorized
execution by Mayor and City Clerk, jointly with the Redevelopment Agency, of Contract with the
Department of Housing and Urban Development (HUD) for a $6 million Section 108 Loan for
expansion of the existing Waterfront Hilton (Grand Coast Resort); and 5. Approved and
authorized execution by Mayor and City Clerk of Grant Agreement with the Department of
Housing and Urban Development (HUD) for a $2 million Brownfield Economic Development
Initiative Grant for the Waterfront Hilton (Grand Coast Resort). Redevelopment Agency
Actions: 1. Approved and authorized execution by Chairman and Agency Cleric, jointly with
City Council, of Contract with the Department of Housing and Urban Development (HUD) fora
$6 million Section 108 Loan for expansion of the existing Waterfront Hilton (Grand Coast
Resod); and 2. Approved and authorized execution by Chairman and Agency Clerk of Note
with the Department of Housing and Urban Development (HUD) for a $6 million Section 108
Loan for expansion of the existing Waterfront Hilton (Grand Coast Resort); and 3. Authorized
expenditure not to exceed $50,000 from the Redevelopment Agency Fund Balance for closing
costs associated with the Grand Coast Resort.
(23) May 15, 2000 - Council/Agency Minutes - Page 23
(City Council) Adopted Resolution No. 2000-45 — Approved Wage Increase Effective
511I00 for Non -Permanent and Non -Classified Employees — Part-time, Temporary and
Seasonal — FY 2000/2001 (720.20) — Adopted Resolution No. 2000-45 — "A Resolution of the
City Council of the City of Huntington Beach Establishing a Salary Schedule for Non -Permanent
Employees" increasing the wages of non -permanent and non -classified employees. The motion
carried by the following roll call vote:
AYES: Julien, Harman, Garofalo, Green
NOES: Sullivan, Dettloff, Bauer
ABSENT: None
(City Council) Approved Professional Services Contract with Hamilton, Ralsinovitz &
Alschuler, Inc. for Consulting Services Regarding Study & Preparation of New Traffic
Impact Fee Ordinance — Authorized Expenditure of Funds Approved Modification to In
Insurance Requirements (600.10) —1. Approved the Professional Services Contract Between
the City of Huntington Beach and Hamilton, Rabinowitz & Alschulter, Inc. for Traffic Impact Fee
Study, and authorized the Mayor and City Clerk to execute the agreement upon receipt of
required insurance certificates; and 2. Authorized the Finance Director to appropriate funds in
the amount of $37,500 from the unreserved, undesignated Traffic Impact Fee Fund; and 3.
Authorized expenditures in an amount not to exceed $37,500; and 4. Approved the deductible
on the errors and omissions policy in an amount not to exceed $5,000. The motion carried by
the following roll call vote:
AYES: Julien, Harman, Garofalo, Green
NOES: Sullivan, Dettloff, Bauer
ABSENT: None
(City Council) Adopted Ordinance No. 3467 Amending Chapter 5.24 of the NB Municipal
Code Regulating Massage Establishments and Establishment Employees (640.10)
Adopted Ordinance No. 3467 after City Clerk read by title — "An Ordinance of the City of
Huntington Beach Amending Chapter 5.24 of the Huntington Beach Municipal Code Relating to
the Regulation of Massage Establishments."
(City Council) Adopted Ordinance Nos. 3460 Through 3466 Public Hearing on Zoning Map
Amendment No. 99-4 (General Plan Consistency) to Rezone Seven (7) Properties
(Subareas A-G) (Public hearing and introduction approved on 5/1100) (440.50)
Adopted the following ordinances after City Clerk read by titles:
Ordinance No. 3460 - "An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from IG
(General Industrial) to CG (General Commercial) on Real Property Located at the Southwest
Corner of Gothard and Edinger (Zoning Map Amendment No. 99-4, Sub Area A)."
Ordinance No. 3461 — "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from
CO (Office Commercial) to CG (General Commercial) on Real Property Located at the
Southeast Corner of Warner and Oak (Zoning Map Amendment No. 99-4, Sub Area B)."
(24) May 15, 2000 - Council/Agency Minutes - Page 24
Ordinance No. 3462 — "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from
IG (General Industrial) to RMP (Manufactured Home Park) on Real Property Located 1,500
Feet Southwest of the Intersection of Warner and Gothard (Zoning Map Amendment No.
99-4, Sub -Area C)."
Ordinance No. 3463 - "An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from CO (Office
Commercial) to CG (General Commercial) on Real Property Located at the Southeast Corner
of Main and Florida (Zoning Map Amendment No. 99-4, Sub Area D)."
Ordinance No. 3464 - "An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from iL (Limited
Industrial) to iG (General industrial) on Real Property Located at the Northwest Corner of
Huntington and Clay (Zoning Map Amendment No. 99-4, Sub Area E)."
Ordinance No. 3465 - "An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from RMH
(Medium High Density Residential) to RM (Medium Density Residential) on Real Property
Located at the Southeast Corner of Clay and Florida (Zoning Map Amendment No. 99-4,
Sub Area F)."
Ordinance No. 3466- "An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Zoning and Subdivision Ordinance by Changing the Zoning Designation from RH (High
Density Residential) to RM (Medium Density Residential) on Real Property Located 1,000 Feet
South of the Intersection of Atlanta and Beach (Zoning Map Amendment No. 99-4, Sub -
Area G)." The motion carried by the following roll call vote:
AYES: .Julien, Harman, Garofalo, Green
NOES: Sullivan, Dettloff, Bauer
ABSENT: None
(City Council) Adopted Ordinance No. 3459 Amending HB Municipal Code Relating to
Parking Meters (340.20)
Adopted Ordinance No. 3459 after City Clerk read by title - "An Ordinance Of The City Of
Huntington Beach Amending the Huntington Beach Municipal Code by Amending Section
10.60.20 thereof Relating to Parking Meters." Submitted by the Administrative Services
Director. (Introduction approved as amended on May 1, 2000.) The motion carried by the
following roll call vote:
AYES: Julien, Harman, Garofalo, Green
NOES: Sullivan, Dettloff, Bauer
ABSENT: None
(City Council) Adopted As Amended Resolution No. 2000-48 — Establishing Reward
Money for Murder Case —Adopted Resolution No. 2000-48 (Bridgette Ballas) (530.10) —
The City Council considered a communication from the Police Chief recommending the
adoption of Resolution no. 2000-48.
Mayor Pro Tern Harman suggested new wording in Section No. 1 of Resolution No. 2000-48.
(25) May 15, 2000 - Council/Agency Minutes - Page 25
A motion was made by Mayor Pro Tern Harman, second Green to adopt as amended
Resolution No. 2000-48 — "A Resolution of the City Council of the City of Huntington Beach
Establishing a $25,000 Reward for Information Leading to the Arrest and Conviction of the
Person or Persons Responsible for the Murder of Bridgette Ballas. u by changing Section No. 1
to read: "A single reward in the aggregate amount of $25,OOO will be rewarded..." The motion
carried by the following roll call vote:
AYES: Julien, Harman, Garofalo, Green
NOES: Sullivan, Dettloff, Bauer
ABSENT: None
(City Council) Directed Staff to Prepare a Resolution for the 615100 Meeting on the
Downtown Main Promenade Parking Structure/Main Street Parking Meters per Rate and
Collection Attendance Recommendations By Mayor Dave Garofalo and Councilmember
Dave Sullivan ( . )040, ► n
The City Council considered communication from Mayor Garofalo and Councilmember Sullivan
regarding the following Statement of Issue: In consideration of the significant impact that
parking fee increases will have on downtown businesses and patrons, Mayor Garofalo and
Councilmember Sullivan have set forth a proposal for a fee schedule for the Downtown Main
Promenade Parking Structure and Main Street parking meters.
f
Real Estate Manager Matthew Lamb gave a presentation entitled Downtown Parking Structure
Slide Report, which had been announced earlier as a late communication by the City Clerk.
Mayor Garofalo headed a discussion relative to a master revenue plan and fiscal reporting on
the Pier Plaza.
A motion was made by Mayor Garofalo, second Sullivan to direct staff to: (1) prepare a
resolution using the rate recommendations set forth in the proposed fee schedule for the Main
Promenade Parking Structure to be returned to the Council at the June 5, 2000 meeting; and
(2) direct staff to assign an attendant position to collect parking fees from 8:00 A.M. to 1:00 A.M.
on Fridays, Saturdays, and Sundays or until the number of cars contained within the structure
falls below 75; and (3) to direct staff to provide a status report every month and review the
operating deficittsurplus during the Spring of 2001; and (4) if the structure continues to operate
at a deficit, direct staff to return to Council with a proposal to increase rates to compensate for
any negative operating cost. If the structure is operating at a surplus, keep the rates the same,
with annual review thereafter. The motion carried by the following roll call vote:
AYES: Julien, Bauer, Sullivan, Garofalo, Green, Dettloff
NOES Harman
ABSENT: None
(26) May 15, 2000 - Council/Agency Minutes • Page 26
Adjournment — City Council — Redevelopment Agency
A motion was made at 12:20 P.M. to adjourn the regular adjourned meetings of the City Council
and the Redevelopment Agency of the City of Huntington Beach to Monday, June 5, 2000, at
5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex-officio Clerk ofFne City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
100,
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City Clerk -Clerk Mayor-Chairm n