HomeMy WebLinkAbout2000-07-05Minutes
City Council/Redevelopment 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
Wednesday, July 5, 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
T MF-At In
Mayor called the adjourned 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 Council — Redevelopment Agency Roll Call
Present Julien, Sullivan, Harman, Green, Dettloff, Bauer
Absent Garofalo
Public Comments Regarding Study Session & Closed Session Agenda Items
Gerald Chapman, on behalf of Planning Commissioners urged Council to proceed with the
proposed Edinger Avenue Corridor Action Plan and Specific Plan.
(City Council/Redevelopment Agency) Study Session — Proposed Edinger Avenue
Corridor Action Plan and Specific Plan (460.30)
City Administrator Ray Silver presented a history of the process to develop the Edinger Avenue
Corridor Action Plan, beginning with the hiring of the consulting firm of Hank Cunningham and
Associates in 1984.
Economic Development Director David Biggs presented a report on the first phase of the
Edinger Corridor Economic Development Action Plan and Specific Plan and a review of
proposed future phases.
Kenneth Ryan, Lead Consultant representing EDAW Corporation reported. He referred to wall
and easel diagrams and graphics to illustrate points regarding his company's approach for the
Edinger Corridor Economic Development Action Plan and Specific Plan. Mr. Ryan emphasized
the need for a comprehensive Specific Plan document with strong implementation measures.
He stated that he believes a good design for the corridor is one that is achieved through
conducting a market evaluation.
Following Councilmember Sullivan's inquiry, discussion ensued regarding identifying nearby
developments that Councilmembers can view for Council consideration.
(2) July 5, 2000 - Council/Agency Minutes - Page 2
Mr. Ryan mentioned downtown city of Torrance among other sites, as one of the districts
revitalized by the EDAW Corporation. He informed Council that he will leave a copy of the
EDAW Corporation prospectus with the Economic Development Department.
City Administrator Silver announced a Late Communication that Housing/Redevelopment
Manager Gus Duran distributed to Council and staff. The Late Communication is a draft copy of
an RCA (Request for Council Action) for the July 17, 2000 Council meeting titled Contract for
Consultant Services — Edinger Corridor Economic Development Action Plan and Specific Plan.
Council thanked staff and Mr. Ryan for their reports.
Motion to Recess to Closed Session — Approved
A motion was made by Sullivan, second Julien to recess to Closed Session on the following
items. The motion carried by the following roll call vote.
AYES: Julien, Harman, Sullivan, Green, Dettloff, Bauer �.
NOES: None '
ABSENT: Garofalo
Mayor Garofalo arrived at 6:20 p.m. during Closed Session.
(Redevelopment Agency) 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 Burlington Coat Factory
Warehouse of Huntington Beach, Inc. v. Redevelopment Agency of the City of
Huntington Beach, City of Huntington Beach, et al.; U.S. District Case No. CV-00-6683 NM
(AIJx). (120.80)
(City Council) Closed Session — City Council pursuant to Government Code Section 54957.6
to meet with its designated representatives William Osness, Personnel Director; Daniel Cassidy,
Esquire of Liebert, Cassidy and Frierson and Richard Whitmore, Esquire of Whitmore, Johnson
& Bolanos regarding labor relations matters — meet and confer with the following employee
organizations: MSOA, POA, PMA, and HBFA. (120.80)
(City Council) Closed Session — City Council pursuant to Government Code Section 54956.8
to give instructions to the city's negotiators, Matt Lamb, John Reekstin and Ray Silver, regarding
negotiations with Poseidon Resources and M.W.D.O.C. (Metropolitan Water District of
Orange County) and the Southern California Edison Company concerning the purchase/
sale/exchange/lease of the property located at Pacific Coast Highway and Newland Street
immediately to the north of the AES Power Plant (APN 114-150-16). Instruction will concern:
both price and terms of payment. (120.80)
(City Council) Closed Session — To confer with its City Attorney regarding pending litigation
pursuant to Government Code Section 54956.9(c) based on existing facts and circumstances,
the Legislative Body of the Local Agency has decided to initiate or is deciding whether to initiate
litigation. Number of potential cases: 1. Subject: City of Huntington Beach v. Southern
California Edison Company and Purchase of Real Property. (120.80)
(3) July 5, 2000 - Council/Agency Minutes - Page 3
(City Council) Closed Session — City Council pursuant to Government Code Section 54956.8
to give instructions to the agency's negotiators, David Biggs, Ray Silver, Jim Rabe, and Murray
Kane, and regarding negotiations with Brian Ezralow and Doug Gray, concerning the
negotiations for terms of a proposed disposition and development agreement or owner -
participation agreement regarding the property located at 7777 Edinger Avenue. Instruction
will concern: Both price and terms of payment. (400.50)
Reconvene City Council/Redevelopment Agency Meeting — 7:15 p.m.
City Attorney's Report of Action Taken by the City Council in Closed Session (Pursuant
to Government Code §54957.1(A)(3)(B)) — Approval of City Attorney' s Intervention in
Pending Litigation Relating to Southern California Edison Purchase of Real Property
(120.80)
Assistant City Attorney D'Alessandro announced action taken on Monday, July 5, 2000 in
Closed Session regarding the City of Huntington Beach vs. Southern California Edison
Company — Purchase of Real Property. The City Council voted to authorize the City Attorney to
intervene on behalf of the city in the matter entitled `in the Matter of the Application of the SCE
Company forAuthority to Sell its Fuel Oil Pipeline Function, and to Request the County -Public
Utilities Commission to recognize the City's Authority to Approve a Franchise Transfer and
Address the California Environmental Quality Act (CEQA) Consequences of the Sale of the
System." The Council had voted unanimously with Garofalo absent.
City Council/Redevelopment Agency Roll Call
Present: Julien, Sullivan, Harman, Garofalo Green, Dettloff, Bauer
Absent: None
Flag Ceremony and Pledge of Allegiance - Led by City Treasurer Shari Freidenrich.
Invocation - Parham Eshraghian, Baha'is of Huntington Beach.
City Clerk Announces Late Communications which Pertain to Items on the Agenda
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following Late
Communications regarding agenda items that had been received following distribution of the
agenda:
The following Late Communication was distributed at the Study Session portion of the meeting:
Late Communication received from the Economic Development Department transmitting a draft
copy of an RCA (Request for Council Action) for the July 17, 2000 Council meeting titled
Contract for Consultant Services — Edinger Corridor Economic Development Action Plan and
Specific Plan.
(4) July 5, 2000 - Council/Agency Minutes - Page 4
Late Communications Announced by the City Clerk which Pertain to Public Hearing
Agenda Items Continued Open to July 5, 2000 and Agenda Items Deferred from the
June 19, 2000 City Council Meeting
The following three Late Communications pertain to the public hearing continued open from the
June 19, 2000 City Council meeting:
1. Communication dated June 29, 2000 from Amigos de Bolsa Chica transmitting their
concerns relating to the proposed project. Communication titled 1. PLC Land Company
Annexation of 2.7 Acres/Negative Declaration 99-18. 2. Zoning Map Amendment 99-21LCP
Amendment 000-1. 3. Tentative Tract Map No. 15690/CUP 99-14.
2. Slide show presentation submitted by the Planning Department to the City Clerk's Office on
July 5, 2000, Slide show presentation titled PLC Land Company Annexation and 10 Unit
Subdivision — Annexation Zoning Map Amendment No. 99-2 — Zoning Text Amendment
No. 00-1 Local Coastal Program Amendment No. 00-1 Tentative Tract Map No. 15690 —
Conditional Use Permit No. 99-14 Negative Declaration No. 99-18 — (Continued from
June 19, 2000 Meeting).
3. Communication submitted by PLC Land Company to the City Clerk's Office on July 5, 2000
from Southern California Edison Company (SCEC) dated March 31, 2000 regarding Tract
Map No. 15690. The communication is titled Tract Map No. 15690.
The following two Late Communications pertain to two Administrative Items deferred from the
June 19, 2000 City Council meeting:
1. Slide show presentation submitted by the Planning Department to the City Clerk's Office on
July 5, 2000. Slide show presentation titled Establishment of the City's Neighborhood
Preservation Program.
2. Slide show presentation submitted by the Planning Department to the City Clerk's Office on
July 5, 2000. Slide show presentation titled Funding Strategy— Part-time Code
Enforcement Officer to Enforce the Outdoor Dining Ordinance.
The following two Late Communications pertain to an agenda item on the request for approval
of the introduction of an ordinance that had been deferred from the June 19, 2000 meeting:
1. Communication from the Law Offices of Weston, Garrou and Dewitt dated July 5, 2000 titled
Opposition to Proposed Adoption of Ordinance No. 3469 Regarding Public Nudity, on
behalf of Talbert & Beach, Inc., Owners of Flamingo Theater at 18121 Beach Boulevard.
2. Communication from the Office of the City Attorney dated July 5, 2000 titled Late Submittal
— AGENDA ITEM G-2a: Establishing Public Nudity Prohibition and Modification of Penalties
and Findings for Violation of Sex Oriented Business Regulations.
(5) July 5, 2000 - Council/Agency Minutes - Page 5
Late Communications Announced by the City Clerk which Pertain to Agenda Items for
the July 5, 2000 City Council Meeting
Communication dated June 30, 2000 from Richard Harlow, Chair of the Citizens' Infrastructure
Advisory Committee (IAC) transmitting the Final Report of the Citizens' Infrastructure Advisory
Committee. Report titled The City of Huntington Beach's Infrastructure Needs — Final Report
Citizens' Infrastructure Advisory Committee — City of Huntington Beach — July 2000. The
Report is on File for Public Review in the Office of the City Clerk.
Slide report from the Public Works Department titled Public Works Capital Projects Update.
Communication dated July 5, 2000 from Tuchman & Associates, Attorneys at Law, representing
Burlington Coat Factory transmitting Burlington Coat Factory's objections to the adoption of The
Crossings Specific Plan. The communication is titled City Council Meeting on Wednesday, July
5, 2000 — Re: Adoption of the Specific Plan for the Huntington Center.
Communication dated June 30, 2000 from Tuchman & Associates, Attorneys at Law,
representing Burlington Coat Factory requesting that Council not approve The Crossings
Specific Plan. The communication is titled Burlington Coat Factory Warehouse of Huntington
Beach, Inc. — File No. 9956 — Your Ref. Staff Report to City Council and Redevelopment
Agency for July 5, 2000 Public Hearing Re: Approve Zoning Map Amendment No. OD-0I and
Zoning Text Amendment No. 00-02 (The Crossings At Huntington Beach Specific Plan No. 13).
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
July 5, 2000. The slide show presentation is titled The Crossings at Huntington Beach — City -of
Huntington Beach Specific Plan No. 13 -- City of Huntington Beach/Redevelopment Agency.
Communication from Sheppard, Mullin, Richter & Hampton, L.LP the Attorneys -at -Law
representing Montgomery Wards, dated July 5, 2000 titled City of Huntington Beach City
Council Hearing on Wednesday, July 5, 2000/Agenda item No. D-11zoning Map Amendment
No. 00-7/Zoning Text Amendment No. 00-2 (The Crossing Specific Plan).
Slide report from the Public Works Department dated July 5, 2000 titled PCH Congestion
Pedestrian Plan.
Communication from the Office of the City Clerk transmitting the following Agenda Corrections:
Page 18 — Administrative Agenda Item on the Advisory Vote Measure to the November 2000
General Municipal Election and Page 20 — Mayor Garofalo's Agenda Item on the Seapoint
Avenue Traffic Study.
Presentation - To Mayor Dave Garofalo by George Erber, Sister City Board President,
introduction of the student ambassadors from Waitakere, New Zealand and Anjo, Japan, along
with their Huntington Beach Counterparts.
New Zealand Students Huntington Beach Counterparts
Kellie Johnson Dord Daggett
Rebecca Edward Melinda Lemmon
Haley Borich Alex Mesina
Jared Joubert Lauren Rank
(6)
July 5, 2000 - Council/Agency Minutes - Page 6
New Zealand Chaperone
Tracy Haggo
Anjo Students
Megumi Kamiya
Emiko Wada
Asai Mikiko
Rie Tanaka
Anjo Chaperone
Toshiyuki Akado
Huntington Beach Chaperone
Bob Dettloff
Huntington Beach Counterparts
Amber Drsata
Ryan Marchand
Eric Morley
Theresa Rinehart
Huntington Beach Chaperone
Betty Ching
Presentation - By Mayor Dave Garofalo to Thomas Ryan, presentation of a plaque for S years
of dedicated service on the Environmental Board.
(City Administrator's Report) Announcement by the City Administrator Re: The
Establishment of a Memorandum of Understanding (MOU) between the City and the
Orange County Sanitation District (1020.10)
City Administrator Ray Silver announced that Huntington Beach is the first city in Orange
County that has a written Memorandum of Understanding with the Orange County Sanitation
District. Mr. Silver provided further updates on the Orange County Managers Association Task
Force that meets monthly.
(City Council) Deferred from June 19, 2000 - Received and Filed - Public Works
Director's Urban Runoff/Coastal Remediation Action Plan — Update for June 2000
(520.30)
The City Council considered a slide presentation from the Director of Public Works transmitting
the update for June 2000 to the Public Works Director's Urban Runoff/Coastal Remediation
Action Plan. This Council -ratified plan provides the direction taken to determine and abate the
problems which contributed to the ocean advisory and postings of last summer. A summary of
the current activities was submitted and an update of the Director's Action Plan provided at the
Council meeting.
The City Council thanked staff for the report.
(City Council) Councilmember Bauer's Comments Re: Flood Control Channel Procedure
for Trash/Sewage Contamination Issues (520.30)
Councilmember Bauer spoke relative to setting up a procedure for flood control channels that
would encourage cities to take steps in trash and sewage contamination issues.
(City Council) Election of Councilmember Green as Vice -Chairman of the O.C. Sanitation
District Committee (1020.50)
Councilmember Green announced his election as Vice Chairman of the Orange County
Sanitation District Committee.
(7) July 5, 2000 - Council/Agency Minutes - Page 7
(City Council) Discussion Re: County -wide Street Sweeping Program (800.10)
Mayor Garofalo continued the dialogue initiated by Councilmember Bauer relative to instituting a
county -wide street sweeping program.
Note: The Following is a Three -Part Public Hearing Continued Open from June 19, 2000:
Mayor Garofalo recused himself from consideration of the following public hearing.
(City Council) Public Hearing — Continued Open From June 19, 2000 - Part 1 of 3 — Denied
PLC Land Company Annexation of 2.7 Acres w/o Edwards Street, slo Ellis Avenue, No
Fire Station 6 and Denied Negative Declaration (Environmental Status) No. 99-18 —
Denied Adoption of Resolution No. 2000-60 (610.30)
(City Council) Public Hearing — Continued Open From June 19, 2000 - Part 2 of 2 — Denied
Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, Local Coastal
Program Amendment No. 00-1, (PLC Land Co. Zoning Designation) — Denied
Introductions of Ordinance Nos. 3472 and 3473 (610.30)
(City Council) Public Hearing — Continued Open From June 19, 2000 - Part 3 of 3 — Denied
Appeal Filed by PLC Land Company of Planning Commission's Tentative Tract Map No.
15690 and Denied Appeal of Denial of Conditional Use Permit No. 99-14 (PLC Land Co. 10
Unit Single Family Residential Subdivision) (610.30)
Mayor Pro Tern Harman announced that this was the time scheduled to consider the following
public hearing:
Applicant/Appellant: PLC Land Company, c/o Bill Holman
Request: To annex and establish a low density residential (Holly Seacliff Specific Plan RL-1)
zoning designation on approximately 2.7 acres in order to construct a 10-unit single family
residential subdivision on a parcel with greater than a three (3) foot grade differential between
the high and low points. The request includes amending the boundaries and text of the City's
Local Coastal Program and Holly Seacliff Specific Plan to include the proposed development.
Location: West side of Edwards Street, approximately 150 feet south of Ellis Avenue (north of
Fire Station).
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 Item #1, with mitigation, would not have any significant environmental effects and that a
mitigated negative declaration is warranted. Prior to acting on the request, the City Council
must review and act on the negative declaration. The 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.
Communication received dated June 3, 2000, from FANS (Friends & Neighbors of Seacliff)
received in support of appeal (D-3c)
Communication received dated June 6, 2000, from Heffernan & Boortz, Attorneys at Law,
written to PLC Land Company re Public Hearing.
(8) July 5, 2000 - CouncillAgency Minutes - Page 8
Planning Director Howard Zelefsky presented a slide show report titled PLC Land Company
Annexation and 10 Unit Subdivision — Annexation Zoning Map Amendment No. 99-2 — Zoning
Text Amendment No. 00-1 Local Coastal Program Amendment No. 00-1 Tentative Tract Map
No. 15690 — Conditional Use Permit No. 99-14 Negative Declaration No. 99-18 — (Continued
from June 19, 2000 Meeting).
Planning Director Zelefsky introduced Ms. Laurie McKinley, MNA Associates, whom he stated is
available to answer questions relative to the Local Agency Formation Commission (LAFCO)
annexation procedure.
Senior Planner Scott Hess responded to Councilmember Green's inquiries relative to the joint
Planning Commission and staff recommendation to deny Tract Map 15690.
Discussion followed regarding the impact on the Bolsa Chica of the project's restrictions on
grading.
Mayor Pro Tern Harman declared the public hearing open.
The City Clerk announced the Late Communications which pertain to the public hearing:
1. Communication dated June 29, 2000 from Amigos de Bolsa Chica transmitting their
concerns relative to the proposed project. The communication is titled 1. PLC Land
Company Annexation of 2.7 Acres/Negative Declaration 99-18. 2. Zoning Map Amendment
99-2/LCP Amendment 000-1. 3. Tentative Tract Map No. 15690/CUP 99-14.
2. Slide show presentation submitted by the Planning Department to the City Clerk's Office on
July 5, 2000. The slide show presentation is titled PLC Land Company Annexation and 10
Unit Subdivision — Annexation Zoning Map Amendment No. 99-2 — Zoning Text Amendment
No. 00-1 Local Coastal Program Amendment No. 00-1 Tentative Tract Map No. 15690—
Conditional Use Permit No. 99-14 Negative Declaration No. 99-18 — (Continued from
June 19, 2000 Meeting).
3. Communication submitted by PLC Land Company to the City Clerk's Office on July 5, 2000
from Southern California Edison Company (SCEC) dated March 31, 2000 regarding Tract
Map No. 15690. The communication is titled Tract Map No. 15690.
Eileen Murphy spoke as a member of the Balsa Chica Land Trust in opposition to the
annexation of county property in order to construct a 10-unit family subdivision. Ms. Murphy
stated that the city does not need additional housing, nor can it afford to supply water to the
development.
Flossie Horgan, Bolsa Chica Land Trust, spoke in opposition to annexation for the
development of housing. She stated that it would be consistent to zone to open space. She
spoke relative to urban runoff. Ms. Horgan urged the Council to vote against the PLC Land
Company project until such time that the city determines the source of pollution.
Corrie Broussard, Seacliff community resident, informed Council that she would be pleased to
see the PLC Land Company development built near her home. She stated that the addition of
the ten homes will be an asset to the area. Ms. Broussard urged Council approval of the
proposed project as she believes it will cause property values to increase.
(9) July 5, 2000 - Council/Agency Minutes - Page 9
Suzanne Beukema expressed her appreciation to Councilmember Bauer and numerous staff
members whom she acknowledged as being involved in the proposed project. Ms. Beukema
spoke in support of PLC Land Company, stating that the developer is a quality builder
concerned with reducing density and with providing sound infrastructure improvements. She
suggested a meeting of the homeowners associations and city staff in an effort to move forward
with the proposed Harriet Wieider Linear Park project. Ms. Beukema stated her belief that the
two lots that are in question require only minimal grading; that the plan is consistent with the
surrounding area.
Terry Dolton spoke on behalf of the Amigos de Balsa Chica, referring to the Late
Communication from the Amigos de Balsa Chica announced earlier by the City Clerk. The
communication is dated June 29, 2000 and titled 1. KC Land Company Annexation of 2.7
Acres/Negative Declaration 99-18. 2. Zoning Map Amendment 99-2/LCP Amendment 000-1.
3. Tentative Tract Map No. 15690/CUP 99-14. Mr. Dolton referred to what the communication
relayed about the organization's inability to have a member present, stating that he is speaking
on its behalf. He informed Council that he is rebutting the proponents' assertions made that the
elevation grade change is gradual. He expressed his concern over the fact that the proposed
development will exacerbate existing environmental problems which he listed as the crumbling
of homes down the hills, drainage, erosion, and deterioration of the wetlands area, as well as
inaccessibility to the proposed linear park.
Bill Holman, Developer, PLC Land Company responded to the last speaker, Mr. Dolton stating
that the proposed project will not impede access to the linear park nor diminish its width. He
informed Council that the area is more of a liability left undeveloped, since project plans will
incorporate a drainage system to treat runoff to the park. Mr. Holman stated his opposition to
the Planning Commission and staff recommended findings for denial of Tentative Tract Map .
No. 10690, which set forth that the proposed lot configuration is not compatible with the existing
topography. He stated his opinion that the grading of the tract would in fact be limited and
should not encroach upon the future park site. He stated that the question at hand is one of
grading, and not one of the number of property lots to be subdivided. Mr. Holman quoted real
estate prices for which the homes are anticipated to sell. He expressed his belief that it would
be unfair to deny the staff recommended action, since an obligation to build is set forth in the
mitigation agreement.
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 Mayor Pro Tem Harman.
Ms. Laurie McKinley of MNA Associates answered questions relative to pursuing annexation
through the Local Agency Formation Commission (LAFCO) if the project is denied, stating that
the question of the property tax split between city and county would then arise.
Considerable discussion followed relative as to how the Council decision would affect the
criteria set forth in the mitigation agreement and the zoning of the Specific Plan, including issues
regarding annexation of the 2.7 acre parcel as open space.
(Public Hearing Continued on the Next Page)
(10) July 8, 2000 - Council/Agency Minutes - Page 10
(City Council) Public Hearing - Continued Open From June 19, 2000 - Part 1 of 3 - Denied
PLC Land Company Annexation of 2.7 Acres w/o Edwards Street, s/o Ellis Avenue, No
Fire Station 6 and Denied Negative Declaration (Environmental Status) No. 99.18 -
Denied Adoption of Resolution No. 2000-60 (610.30)
A motion was made by Green, second Sullivan to: 1. Deny Negative Declaration No. 99-18
with findings as set forth in (Attachment No. 1)* and Recommend Denial of the Annexation of
2.7 Acres to the Local Agency Formation Commission (LAFCO) per Planning Commission
Recommended Action. The motion carried by the following roll call vote:
AYES: Sullivan, Harman, Green, Bauer
NOES: Julien, Dettloff
ABSTAIN: Garofalo
ABSENT: None
*Attachment No. 1
Findings for Denial
Negative Declaration No. 99-18
Findings for Denial - Negative Declaration No. 99-18:
1. The proposed project may have a significant effect on the environment. The proposed
residential use will impact views to and from Wieder Regional Park. In addition, the
proposed project may result in drainage impacts to surrounding properties.
2. The Local Coastal Program amendment to the Huntington Beach Local Coastal Program to
modify the boundary of the Holly Seacliff Specific Plan to incorporate the subject property
and to establish the RL-1 zoning designation is not consistent with the existing Open Space
designation in the County of Orange.
(City Council) Public Hearing - Continued Open From June 19, 2000 - Part 2 of 2 - Denied
Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, Local Coastal
Program Amendment No. 00-1, (PLC Land Co. Zoning Designation) - Denied
Introductions of Ordinance No. 3472 and Ordinance No. 3473 (610.30)
Following the June 19, 2000 Council meeting staff prepared a corrected Attachment No. 7
(Findings for Denial).
A motion was made by Green, second Sullivan to deny Zoning Map Amendment No. 99-2,
Zoning Text Amendment No. 00-1, and Local Coastal Program Amendment No. 00-1 with
findings for denial as set forth in ATTACHMENT NO. 7* per Planning Commission
Recommended Action. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSTAIN: Garofalo
ABSENT: None
(Public Hearing Continued on the Next Page)
(11) July 5, 2000 - Council/Agency Minutes - Page 11
*Attachment No. 7
Findings for Denial
Negative Declaration No. 99-1811-ocal Coastal Program Amendment No. 00-1
Zoning Map Amendment No. 99-21Zoning Text Amendment No. 00-1
Findings for Denial — Negative Declaration No. 99-1811-ocal Coastal Program Amendment
No. 00-1:
1. The proposed project may have a significant effect on the environment. The proposed
residential use will impact views to and from Wieder Regional Park. In addition, the
proposed project may result in drainage impacts to surrounding properties.
2. The Local Coastal Program amendment to the Huntington Beach Local Coastal Program to
modify the boundary of the Holly Seacliff Specific Plan to incorporate the subject properly
and to establish the Rl_-1 zoning designation is not consistent with the existing Open Space
designation in the County of Orange.
Findings for Denial — Zoning Map Amendment No. 99-21Zoning Text Amendment No. 00-1:
1. Zoning Map Amendment No. 99-2 and Zoning Text Amendment No. 00-1 to establish a
zoning designation of Holly Seacliff Specific Plan (RL-1) on a 2.7 acre parcel, and to
incorporate the subject property into the Holly Seacliff Specific Plan is not compatible with
the County of Orange General Agriculture zoning designation and the adjacent Wieder
Regional Park land use.
2. In the case of a general land use provision, the zoning map and text amendment are not
compatible with the uses authorized in, and the standards prescribed for, the zoning district
for which it is proposed. The proposed zoning would allow estate residential uses
inconsistent with the adjacent open space and public facility land uses.
(City Council) Public Hearing — Continued Open From June 19, 2000 - Part 3 of 3 — Denied
Appeal Filed by PLC Land Company of Planning Commission's Tentative Tract Map No.
15690 and Denial of Conditional Use Permit No. 99-14 (PLC Land Co. 10 Unit Single
Family Residential Subdivision) (610.30)
A motion was made by Green, second Sullivan to deny Tentative Tract Map No. 15690 and
Conditional Use Permit No. 99-14 with Findings for Denial as set forth in ATTACHMENT NO. 1*
per Planning Commission recommended action. The motion carried by the following roll call
vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSTAIN: Garofalo
ABSENT: None
(Public Hearing Continued on the Next Page)
(12) July 5, 2000 - Council/Agency Minutes - Page 12
*Attachment No. 1
Tentative Tract Map No. 15690
Conditional Use Permit No. 99-14
Findings for Denial — Negative Tentative Tract Map No. 15690:
Tentative Tract Map No. 15690 for the grading and subdivision of 2.7 net acres for 10 single
family residences is not consistent with goals and policies of the General Plan. The
proposed lot configuration requires grading, including approximately 12,500 cubic yards of
import soil, which is not compatible with the existing topography of the surrounding area.
The proposed tract will be up to 13 feet higher than the grade of the Wieder Regional Park
to the west.
2. The site is not physically suitable for the type and density of development without
substantially altering the natural topography of the site. The site will require to be raised
approximately 13 feet on the west end of the tract in order to accommodate development of
two additional units at the end of the cul-de-sac. The modification to the existing variation in
grade is not in keeping with the goals and policies of General Plan which encourages
development within existing neighborhoods to be compatible with existing structures,
including the use of building heights, grade elevations, orientation, and bulk that are
compatible with the surrounding development.
Findings for Denial — Conditional Use Permit No. 99-14:
Conditional Use Permit No. 99-14 for the development of a 10 unit single family residential
subdivision on a site with greater than a three foot differential between the high and low
points may 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 import of approximately 12,500 cubic yards of soil to the site will substantially impact the
aesthetic appearance of the area to and from the site, which may adversely impact the value
of properties in the area. The property can be developed with less impact to the existing
topography.
2. The proposed subdivision is not consistent with the goals and policies of the General Plan
which encourages preserving the natural topography. The proposed soil import and grading
of the site will not be compatible with the adjacent topography of the Wieder Regional Park.
Consent Calendar Items Deferred from June 19, 2000
Consent Calendar — Item Removed for Separate Discussion
The following item was removed from the Consent Calendar for separate discussion:
(Redevelopment Agency) Deferred from June 19, 2000 - Project Plans and Specifications and
Advertisement for Bids for the Construction of the 51h Street Parking Plan (Between Walnut and
Orange Avenues) CC-1116 — Pursuant to Plaza Almeria Disposition and Development
Agreement (DDA) --Sample Contract.
(13) July 5, 2000 - Council/Agency Minutes - Page 13
Consent Calendar — Items Approved
On motion by Sullivan, second Harman, Council approved the following Consent Calendar
items, as recommended. The motion carried by the following roll call vote:
AYES: Julien, Harman, Sullivan, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None (Green out of room)
(City Council/Redevelopment Agency) Deferred from June 19, 2000 — Approved Minutes
of June 5, 2000 - Approved and adopted the minutes of the City Council/Redevelopment
Agency regular meetings of June 5, 2000 as written and on file in the Office of the City Clerk.
(City Council) Deferred from June 19, 2000 - Approved Sales Tax Agreement Between
the City and Applied Computer Solutions (ACS) of Funds and Authorized the Expenditure
of Funds (600.10) -1. Approved the Sales Tax Agreement between the City of Huntington
Beach and Applied Computer Solutions and authorized execution by the Mayor and City Clerk;
and 2. Approved an appropriation of $15,000 from the General Fund Unappropriated Fund
Balance for maximum costs for the 1999-2000 Fiscal Year.
(Redevelopment Agency) Deferred from June 19, 2000 -Approved Project Plans and
Specifications and Authorized Advertisement for Bids for the Construction of the 5'h
Street Parking Plan (Between Walnut and Orange Avenues) CC-1116 — Pursuant to Plaza
Almeria Disposition and Development Agreement (DDA) — Approved Sample Contract
(600.30)
The City Council considered a communication from the Director of the Economic Development
Department that had been included with the agenda packet for the June 19, 2000 City Council
meeting for this deferred item.
The City Council considered an additional communication from the Economic Development
Director dated June 22, 2000 that was received by the City Clerk's Office and included with the
agenda packet for this meeting. The communication is a memorandum that updates the
appropriation and identifies the funding source as the Economic Development Redevelopment
Fund that has an existing amount of $243,000 for the construction of the 5t' Street Parking Plan.
A motion was made by Dettloff, second Green to: 1. Approve the project plans and
specifications and authorize the Director of Public Works to request bids for the 5�h Street
Parking Plan, CC-1116, and 2. Approve the attached Sample Contact subject to award of the
contract to the lowest responsivelresponsible bidder, and authorize the Chairman and Agency
Clerk to execute an agreement, in substantially the same form, between the Agency and the
successful bidder. The motion carried by the following roll call vote:
AYES:
Julien, Harman, Green, Dettloff, Bauer
NOES:
Sullivan
ABSTAIN:
Garofalo
ABSENT:
None
(14) July 5, 2000 - Council/Agency Minutes - Page 14
Administrative Items Deferred from June 19, 2000
(City Council) Deferred from June 19, 2000 - Approved Establishment of a Neighborhood
Preservation Program (NPP) — Approved Amendment to Planning Department Table of
Organization by Adding a Principal Planner, a Code Enforcement Officer, and the
Reclassification of a Code Enforcement Officer to a Senior Code Enforcement Officer
(420.20)
The City Council considered a communication from the Planning Director regarding the creation
of a Neighborhood Preservation Program (NPP) within the City of Huntington Beach. The
Neighborhood preservation Program is intended to preserve the city's housing stock, remove
blight, reduce crime and improve the quality of life for the city's residents by establishing a more
constructive relationship between the city and its neighborhoods.
With the creation of the Neighborhood Preservation Program, the Planning Department
evaluated staffing requirements necessary to implement the NPP. During evaluation of the
program, it was determined that a Principal Planner position is required to manage the
Neighborhood Preservation Program.
The Code Enforcement Division also has a need for the reclassification of a Code Enforcement
Officer to a Senior Code Enforcement Officer, and one additional Code Enforcement Officer.
The addition of these positions will require an amendment to the Planning Department's Table
of Organization.
Planning Director Zelefsky presented a slide report titled Establishment of the City's
Neighborhood Preservation Program that had been announced earlier as a Late
Communication by the City Clerk.
A motion was made by Sullivan, second Green to: 1. Approve an amendment to the Planning
Department's Table of Organization by adding a Principal Planner, a Code Enforcement Officer
and the reclassification of a Code Enforcement Officer to a Senior Code Enforcement Officer;
and 2. Direct staff to place $167,364 in the FY 2000-2001 Budget in the Planning Department
for the addition of a Principal Planner, a Code Enforcement Officer, and the reclassification of a
Code Enforcement Officer to a Senior Code Enforcement Officer. The motion carried by the
following roil call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Deferred from June 19, 2000 -Approved the Funding Strategy for a Part -
Time Code Enforcement Officer to Monitor and Enforce the Outdoor Dining with Alcohol
Ordinance Approved in the Revised License Agreement — Approved Adoption of
Resolution No. 2000-61 (Amending Resolution No. 5159, the City Fee Schedule) (340.20)
The City Council considered a communication from the Planning Director transmitting a request
to approve the funding strategy for a part-time Code Enforcement Officer to monitor and enforce
the outdoor dining ordinance. On December 6, 1999, the City Council amended the outdoor
dining ordinance to allow the consumption of alcohol on public property.
(15) July 5, 2000 - Council/Agency Minutes - Page 15
The City Council directed staff to return with a funding strategy for a part-time Code
Enforcement Officer to monitor and enforce the new ordinance. The part-time officer will work
Friday through Sunday, during the peak hours when alcohol is being served in conjunction with
outdoor dining. In addition, the part-time position must be added to the Table of Organization of
the Planning Department. The recommended funding strategy involves amending the standard
license agreement which needs to be renewed annually for outdoor dining on public property.
Although staff is recommending that money from the General Fund be used to pay for the Code
Enforcement Officer's salary, this expense will be offset by a fee that will be paid by downtown
establishments with outdoor dining as part of their annual license agreement renewal.
Planning Director Howard Zelefsky presented a slide report that was announced earlier by the
City Clerk as a Late Communication. The Power Point presentation is titled Funding Strategy —
Part-time Code Enforcement Officer to Enforce the Outdoor Dining Ordinance.
Councilmember Green referred to a communication that he received from John H. Tillotson, Jr.,
Managing Member of Tillotson Enterprises setting forth opposition to the outdoor dining
ordinance. A copy of the communication dated June 27, 2000, titled Re: Outdoor Dining Fees
was handed to the City Clerk.
Discussion was held relative to the amount of the fees proposed and whether or not the fees are
applicable to only businesses serving liquor.
Planning Director Zelefsky clarified the issue, stating that it is equitable to impose the fee on all
outdoor dining establishments regardless of whether or not alcohol is served, because other
code violation factors will also be monitored for enforcement.
Further discussion ensued relative to how fee assessment is determined by square footage.
Assistant City Attorney D'Alessandro and Police Captain Mamelli responded to questions
regarding Alcohol Beverage Control (ABC) rules.
Mayor Pro Tern Harman expressed concern over the fact that although outdoor dining is
primarily a summer -time activity, the fee will be charged all year-round.
Mayor Garofalo and Councilmember Julien stated their belief that the annual increase from
$0.01 Use Charge to an additional $4.00 per square foot Code Enforcement Fee to be too high
a monthly stipend.
A motion was made by Bauer, second Green to: 1. Approve the funding strategy for a part-time
Code Enforcement Officer to monitor and enforce the outdoor dining ordinance by having the
downtown business establishments with outdoor dining pay an annual code enforcement fee as
part of their license agreement; and 2. Approve the addition of a part-time Code Enforcement
Officer with benefits to the Table of Organization for the Planning Department; and 3.
Appropriate funds in the amount of $29,750.00 to Planning Department Permanent Salaries
(Account No. EAAPL23611000), which will be offset by revenue generated by the annual fee
and collected by the City Treasurer's Office; and 4. Approve the modification to the TERM,
FEE, AND CHARGES section with the new code enforcement fee as shown in the revised
Sample "License Agreement By and Between The City of Huntington Beach and
For Encroachment into the Public Right -of -Way;" as set forth in (ATTACHMENT NO. 3); and S.
Adopt Resolution No. 2000-61 — "A Resolution of the City Council of the City of Huntington
Beach Amending Resolution No. 5159 Entitled, `A Resolution of the City Council of the City of
(16) July 5, 2000 - Council/Agency Minutes - Page 16
Huntington Beach Establishing A City Fee Schedule' as to Fees Charged for Outdoor Dining
Purposes (Supplemental Fee Resolution No. 77)."as set forth in (ATTACHMENT NO.4). The
motion carried by the following roll call vote:
AYES: Sullivan, Green, Dettloff, Bauer
NOES: Julien, Harman, Garofalo
ABSENT: None
Ordinance for Introduction Deferred from June 19, 2000
(City Council) Continued to July 10, 2000 or July 17, 2000 — Introduction of Ordinance
No. 3469 To Amend HB Municipal Code Relating to Public Nudity and Approve
Introduction of Ordinance No. 3470 To Amend HB Municipal Code Relating to Penalty for
Sexual Oriented Business Regulations Violations (640.10)
The City Council considered a Late Communication that had been announced earlier by the City
Clerk from the Office of the City Attorney dated July 5, 2000, titled Late Submittal —AGENDA
ITEM G-2a: Establishing Public Nudity Prohibition and Modification of Penalties and Findings
for Violation of Sex Oriented Business Regulations.
Randall Garrou, counsel for Talbert & Beach Inc., owners of the Flamingo Theater, 18121
Beach Boulevard was afforded by Council an opportunity to speak prior to the Public Comments
portion of the meeting. He informed Council of his interpretation of secondary effects, stating
that the barrier or railing between the customer and the nude dancer is an unnecessary
restriction and a form of censorship. Mr. Garrou distributed a petition to Council and the City
Clerk listing approximately 523 signatures in opposition to proposed Ordinance No. 3469.
Mr. Garrou referred to a communication that had been announced earlier by the City Clerk as
having been received by her office after distribution of the agenda packet. The Late
Communication from the Law Offices of Weston, Garrou and Dewitt is dated July 5, 2000, titled
Opposition to Proposed Adoption of Ordinance No. 3469 Regarding Public Nudity, on behalf of
Talbert & Beach, Inc., Owners of Flamingo Theater at 18121 Beach Boulevard. Mr. Garrou
urged Council to defer the item for further study.
Planning Director Zelefsky informed Council that staff has received an application for a
Certificate of Occupancy from the juice bar in question.
Assistant City Attorney D'Alessandro responded to Mayor Garofalo's inquiry by informing him
that introduction of the ordinance may be deferred to a later date.
A motion was made by Harman, second Julien to defer to either July 10, 2000 or July 17, 2000
the introduction of Ordinance No. 3469 and Ordinance No. 3470. The motion carried
unanimously with all present.
(City Council) Announcement by Mayor Garofalo Re: Conflict of Interest Issue (120.10)
Mayor Garofalo made an announcement that he had recently responded to a reporter's inquiry
that he will not be stepping down from office in regard to the issue of his alleged conflicts of
interest.
(17) July 5, 2000 - Council/Agency Minutes - Page 17
Mayor Garofalo announced that he is going to be leaving the City Council meeting at 11:00
p.m., the time set by Council policy for adjournment of Council meetings.
Councilmember Green advised calling for an adjournment at 11:00 p.m.
Public Comments
Judy Schulte spoke regarding the status of her son's grave condition as a result of a recent
bicycle accident, stating that he is presently coming out of his coma. She informed everyone
that Trevor was struck by a speeding car on Seapoint Avenue while riding his bike in the bike
lane. In reference to Mayor Garofalo's agenda item, Mrs. Schulte thanked the community for its
support and encouraged Council's continued efforts in studying the traffic conditions in the area.
David W. Granger, Seacliff on the Green resident informed Council that he was a witness to his
neighbor, Trevor Schulte's bicycle accident. He stated that he wished he had addressed
Council before regarding the traffic conditions on Seapoint Avenue. Mr. Granger expressed the
belief that there is a need for stop signs to be installed at the gate at Seapoint Avenue. He
suggested that in consideration of Mayor Garofalo's agenda item, stop signs be placed at Palm
Avenue and at Cherryhill Lane and Seapoint Avenue.
(City Council) Motion Failed to Adjourn City Council Meeting at 11.00 P.M. to July 10, 2000
at 4:00 P.M. ( . )
Due to the lateness of the hour, a motion was made by Garofalo, second Green to adjourn the
City Council meeting at 11:00 p.m. to Monday, July 10, 2000 at 4:00 p.m. The motion failed by
the following roll call vote:
AYES: Garofalo, Green
NOES: Julien, Harman, Sullivan, Dettloff, Bauer
ABSENT: None
Resume Public Comments
Katherine Shakas spoke in favor of Mayor Garofalo's agenda item, referring to her neighbor,
Trevor Schulte's traffic accident in the bike lane at Seapoint Avenue. She stated that there have
been three recent accidents at the gate at that location. She stated that the most dangerous
point is by Garfield Avenue where cars have made contact with the curb. Ms. Shakas spoke
regarding Interim Transportation Manager Tom Brohard's ideas to slow traffic and her request
for a traffic study. Ms. Shakas informed Council that she presented options including changing
the number of lanes and painting markings on the road and the possibility of traffic lights and
caution signs.
Mayor Garofalo responded that his father had also been the victim of a pedestrian traffic
accident. The Mayor stated he favors stop signs.
John Erskine spoke in support of Mayor Garofalo's agenda item. He requested traffic controls
at Seapoint Avenue and for Council action to get speed limits down. Mr. Erskine stated that a
park should not be across from a street that has a high speed limit. He spoke regarding the
need to prevent a child from being struck at Summit Drive.
(18) July 5, 2000 - Council/Agency Minutes - Page 18
Dan Hazard, representative of the Seacliff Homeowners' Association, stated that as part of a
task force for safety improvement and in response to Mayor Garofalo's agenda item, his group
is requesting the installation of bicycle lanes and the lowering of the speed limit to 30 miles per
hour in his neighborhood. Mr. Hazard informed Council of the need to alter the Paseo and that
a crosswalk is needed at Paseo Circle.
Virginia Sims expressed her continued support of Mayor Garofalo, and spoke in opposition to
public speakers making negative comments against one another.
Joe Racano spoke in opposition to the agenda item on the proposed Holly-Seacliff annexation.
Mr. Racano distributed a communication to Council and the City Clerk dated July 5, 2000 titled
Little Shell Update. Mr. Racano reiterated statements contained in the handout: possible uses
for the proceeds in the American Trader Oil spill settlement and a proposal to restore the
wetlands in the little Shell and Big Shell areas.
Bob Traver spoke in support of Mayor Garofalo relative to the alleged conflict of interest issue,
and in opposition to the Mayor's detractors.
Moktar S. Saleh distributed a communication to Council and the City Clerk dated July 3, 2000,
titled Relocation of Window At 1506 PCH To Comply With Infill Guidelines. He requested
Council assistance, stating his belief that the construction of a home adjacent to his property is
in violation of infill guidelines. Mr. Saleh described his situation and referred to photographs
included in the handout.
Karen Chepeka, President of Save Our Strays (SOS) spoke in support of a "no kill" animal
shelter project in Huntington Beach. She expressed her gratitude to Councilmember Julien,
referring to the agenda item that approved the hiring of a consultant for a feasibility study of the
proposal. Ms. Chepeka handed the City Councilmembers and the City Clerk a petition listing
approximately 47 signatures in support of replacing the county shelter with a city shelter.
Fred Speaker informed Council that he is a Planning Commissioner appointed by Mayor
Garofalo. He stated that he believes the Mayor is being unjustly accused of conflicts of interest.
Devin Dwyer expressed his belief that the charges that the Fair Political Practices Commission
(FPPC) is investigating against Mayor Garofalo have been motivated by political ambitions.
Mr. Dwyer questioned if Mayor Pro Tem Harman had any business dealings with Diane Baker,
Jack Clapp and John Thomas; three individuals whom Mr. Dwyer identified as having had items
before the City Council for approval.
Norm Westwell declared his candidacy for City Council. He congratulated the city on the
Fourth of July celebration. Mr. Westwell challenged the reasoning behind the fireworks ban.
Andy Hilbert announced his candidacy for the 67tn District State Assembly. He distributed a
flyer to the City Council and the City Clerk informing of his campaign for AB-8 reform.
Mr. Hilbert clarified his platform, stating that it is important to stop the tax receipt allocation
system fixed by the Assembly Bill, and that the county should take advantage of the opportunity
for a budget surplus.
James Jones, representative of Huntington -by -the -Sea Mobile Home Park, invited everyone to
visit their mobile home park; that it is a five-star community because of pride of ownership.
(19) July 5, 2000 - Council/Agency Minutes - Page 19
Mr. Jones expressed his appreciation of Mayor Garofalo's item on the mobile home rental
assistance program.
Clay Hage, Public Affairs Director for the Manufactured Housing Educational Trust (MHET)
spoke in favor of Mayor Garofalo's item relative to a rental assistance program for mobile home
residents. He referred to a U.S. District Court ruling declaring the City of Cotati mobile home
rent control ordinance as unconstitutional. Mr. Hage stated that the situation is similar to what is
before Council for consideration.
Vickie Talley, Executive Director of the Manufactured Home Educational Trust (MHET) spoke
in favor of the item proposed by Mayor Garofalo relative to mobile home rental assistance. She
spoke against rent control, stating that it would subsidize those mobile home owners who are
not truly in need. She presented information on the workings of the rental assistance program.
Dean Albright distributed a Humane Society newsletter to Council and the City Clerk informing
of a pet shelter in North Palm Springs that is well -run. Mr. Albright stated that the primary goal
of animal control is low-cost spaying and neutering.
Steve Gullage, President of the Huntington Beach Mobile Home Owners Association (HBMOA)
and a mobile home owner spoke in opposition to the agenda item proposed by Mayor Garofalo
on mobile home rental assistance and in favor of mobile home rent control. Mr. Gullage spoke
regarding Mayor Garofalo's sale of The Local News to Ed Laird, and urged the Mayor's financial
disclosure relative to the alleged conflicts of interest.
Don McGee referred to the high noise decibel level of leaf blowers in his neighborhood. He
spoke in opposition to low -flying, banner -towing planes over Beach Boulevard and the lack of
FAA (Federal Aviation Authority) regulations to govern them. Mr. McGee informed Council that
he has not heard from the city regarding the storm drain runoff on Frankfort Avenue near his
home. He referred to rent gouging, announcing that he did not sign Ed Laird's petition to place
a Charter Amendment on the November 2000 ballot. Mr. McGee spoke in support of rent
control especially for mobile home parks.
Doug Korthof commented on the family involved in the bicycle accident on Seapoint Avenue.
He urged that bicycle lanes be separated from autos by a barrier, stating that this is the only
effective way to prevent future accidents. Mr. Korthof expressed his concern over Little Shell,
stating his belief that it should be restored as wetlands.
Sue Dominguez spoke in opposition to the entryway art feature to the city on Beach Boulevard
and Pacific Coast Highway, stating that the city already has "gorgeous bookends" — the
marshlands and the wetlands. She stated her preference for the money to be used for sewer
system improvements. Ms. Dominguez requested that the city be divided into districts. She
expressed her gratitude for the lifeguard tower and other city attractions. Ms. Dominguez stated
her concern with the Mayor's alleged conflicts of interest and requested evidence of his stated
position on the matter.
John Briscoe requested Council to investigate the fund process of the City Treasurer's Office.
He distributed a handout to Council and the City Clerk that refers to an independent audit
conducted.
In reply to Mayor Garofalo, City Treasurer Freidenrich stated that the independent auditors had
found no discrepancies.
(20) July 5, 2000 - Council/Agency Minutes - Page 20
John Jankowski, representative of the Council on Aging and senior advocate objected to
Mayor Garofalo's agenda item on mobile home rental assistance. Mr. Jankowski requested that
Council adopt the Mobile Home Park Fair Practices Act.
Bob Hoxsie stated his distress over the posters depicting the Mayor behind bars that
accompany what he claimed to be the logo of the City of Huntington Beach Police Department.
Dr. Gerald Chapman, representing the Planning Commission spoke relative to the
Infrastructure Advisory Committee (IAC) Report and its proposal for a Charter Amendment.
Dr. Chapman raised the issue of a lack of video taping of Council meetings held at the Central
Library.
(City Council) Announcement by Mayor Garofalo Re: Formation of Seapoint Avenue
Traffic Study Committee (580.30)
Mayor Garofalo stated he would be asking Councilmembers to serve on a committee regarding
Seapoint Avenue, including issues of whether curbs should be painted red; the installation of
stop signs and crossing lights; and the study of the crossing at Summit Drive.
(City Council) Accepted and Filed Report of the Citizens' Infrastructure Advisory
Committee (IAC) Final Report to City Council (840.50)
Councilmember Dettloff, liaison to the Infrastructure Advisory Committee (IAC) introduced the
IAC Chair, Richard A. Harlow, commending Mr. Harlow and the board for its in-depth analysis.
Councilmember Dettloff stated she will recognize the other members at a later date and thanked
the Chair for assisting Council in achieving what no other Council in the United States has been
able to accomplish.
Chair Harlow made a brief five-minute overview, a Power Point slide presentation of the final
report of the IAC that presents the findings of a two-year comprehensive investigation and
evaluation of the city's forecasted infrastructure needs over the next 20 years.
Earlier in the meeting, the City Clerk announced a Late Communication from Chair Richard
Harlow, dated June 30, 2000, titled The City of Huntington Beach's Infrastructure Needs --- Final
Report Citizens' Infrastructure Advisory Committee — City of Huntington Beach -- July 2000.
The report is on file for public review in the Office of the City Clerk.
Mayor Garofalo thanked Infrastructure Advisory Committee Chairman Harlow and staff for the
report.
(City Council) No Report Made on the Public Works Department Update of Capital
Projects Underway (320.20)
Due to time constraints, City Administrator Silver requested that a report not be given on the
Capital Projects by the Public Works Department. Council concurred.
(21) July 5, 2000 - Council/Agency Minutes - Page 21
(City Administrator's Report) Announcement by Police Department on a Safe Fourth of
July in the Community. (160.10)
Police Captain William Mamelli announced that the city has had an uneventful Fourth of July
relative to crime. He stated that only 33 arrests were made on the Fourth of July, an all-time
low. He cited other years with higher histories of arrests. Captain Mamelli stated that Tactical
Operations ended at 11:00 p.m., the earliest in many years.
Administrator's Report - Received and Filed Simple Green Bio-Remediation Project
.Report (Agenda Item E-8 - Dept. of Housing and Urban Development (HUD) Grant
Obtained by Congressman Rohrabacher and Simple Green for a Bio-remediation Project
in Central Park —Test Sites No Ellis Avenue on Goldenwest Street) (600.10)
City Administrator Silver reported on a communication received from Community Services
Director Hagan dated June 27, 2000 relative to the agenda item regarding a proposed Simple
Green Bio-remediation grant and a short-term loan out of the General Fund.
Community Services Director Hagan informed Council that his memorandum sets forth that
Congressman Dana Rohrabacher and Simple Green have secured a $24,00 grant for the city
for bio-remediation in Central Park and a Housing and Urban Development (HUD) grant for new
technology to reduce the time required for bio-remediation of former oil well sites from one to
two years down to two or three months.
Mayor Garofalo informed Council that he had viewed the site. He thanked City Administrator
Silver and his staff for the report.
Mayor Garofalo recused himself from consideration of the following public hearing:
(City Council/Redevelopment Agency) Public Hearing — Zoning Map Amendment
No. 000-011Zoning Text Amendment No. 00-02 (The Crossings Specific Plan) (450.30)
Mayor Pro Tern Harman announced that this was the time scheduled for a public hearing to
consider the following:
Applicant: The City of Huntington Beach and the Redevelopment Agency of the City of
Huntington Beach.
Request: A zoning map amendment and zoning text amendment to adopt Specific Plan No. 13
for the Huntington Beach Mall property.
Zoning Map Amendment: Amend zoning from CG (General Commercial) and CG-FP2
(General Commercial -Flood Plain) to Specific Plan No. 13.
Zoning Text Amendment: Adopt Specific Plan No. 13, which establishes zoning, development
standards, site design, and architectural guidelines to govern future development, requires
Regional Commercial uses and creates an amortization schedule for non -conforming uses and
structures at the 63 acre property.
Location: 7777 Edinger Avenue (bounded by Beach Boulevard, Edinger Avenue, Center
Avenue, and the Southern Pacific Railroad).
(22) July 5,2000 - Council/Agency Minutes - Page 22
Environmental Status: The above item is covered under the General Plan Environmental
Impact Report certified and adopted by the Huntington Beach City Council on May 13, 1996,
pursuant to the provisions of the California Environmental Quality Act.
Communication dated June 28, 2000 from Sheppard, Mullin, Richter and Hampton, LLP to
Council and staff regarding Public Hearing.
A video presentation was made by Associate Planner, Jane James. She narrated a brief history
of the Huntington Beach Center Mall and presented information regarding drive -through
restaurants in the city of Fountain Valley. Ms. James pointed out those establishments that do
not have desirable designs as compared to those that do.
The second video presentation was produced by Ezralow Retail Properties, and is a conception
of the "Italian Village" theme that the company is promoting for the Huntington Center Mall.
Mayor Pro Tern Harman declared the public hearing open:
Late Communications Announced by the City Clerk which Pertain to the Public Hearing:
As announced earlier by the City Clerk, the following Late Communications to the Council were
received after distribution of the packet which Pertain to this public hearing:
The following Late Communication was distributed at the Study Session portion of the meeting:
Late Communication received from the Economic Development Department transmitting a draft
copy of an RCA (Request for Council Action) for the July 17, 2000 Council meeting titled
Contract for Consultant Services — Edinger Corridor Economic Development Action Plan and
Specific Plan.
Communication dated July 5, 2000 from Tuchman & Associates, Attorneys at Law, representing
Burlington Coat Factory transmitting Burlington Coat Factory's objections to the adoption of The
Crossings Specific Plan. The communication is titled City Council Meeting on Wednesday,
July 5, 2000 — Re. Adoption of the Specific Plan for the Huntington Center.
Communication dated June 30, 2000 from Tuchman & Associates, Attorneys at Law,
representing Burlington Coat Factory requesting that Council not approve The Crossings
Specific Plan. The communication is titled Burlington Coat Factory Warehouse of Huntington
Beach, Inc. -- File No. 9956 — Your Ref., State` Report to City Council and Redevelopment
Agency for July 5, 2000 Public Hearing Re: Approve Zoning Map Amendment No. 00-01 and
Zoning Text Amendment No. 00-02 (The Crossings At Huntington Beach Specific Plan No. 13).
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
July 5, 2000. The slide show presentation is titled The Crossings at Huntington Beach — City of
Huntington Beach Specific Plan No. 13 — City of Huntington Beach/Redevelopment Agency.
Communication from Sheppard, Mullin, Richter & Hampton, UP the Attorneys -at -Law
representing Montgomery Wards, dated July 5, 2000 titled City of Huntington Beach City
Council Hearing on Wednesday, July 5, 2000/Agenda item No. D-9lZoning Map Amendment
No. 00-7/Zoning Text Amendment No. 00-2 (The Crossing Specific Plan).
Aviv Tuchman, Attorney for Burlington Coat Factory requested Council to delay a decision on
"The Crossings" at Huntington Beach Center Mall until such time as Ezralow Retail Properties,
(23) July 5, 2000 - Council/Agency Minutes - Page 23
the Burlington Coat Factory and the city have had a chance to meet to determine their positions.
He referred to page 198 of the agenda packet, echoing Planning Commissioner Livengood's
concerns that Specific Plan No. 13 will phase out Burlington Coat Factory. Mr. Tuchman spoke
relative to pending litigation, and requested Council to defer the proposal until lawsuits have
been settled.
Dave Hall informed Council that he resides across the street from "The Crossings." He
expressed his concerns relative to landscaping, pedestrian walkways being in compliance with
the ADA (American Disabilities Act), and other traffic and transportation issues, including bus
turn -outs. Mr. Hall stated his excitement about public arts projects. He requested that
Burlington Coat Factory and Montgomery Wards be included in Specific Plan No. 13, Mr. Hall
commended Associate Planner Jane James and the Planning Commissioners for their
receptiveness on the matter.
Scott Dinovitz, Ezralow Retail Properties developer, spoke relative to fast food establishments
and expressed his pleasure over Specific Plan No. 13. He commended Associate Planner
Jane James for her video presentation. Mr. Dinovitz requested that Council reconsider
prohibiting drive -through use, stating that the thoroughfare would not be obstructive to the main
street and not be fed off of the public street; that the situation differs from those situations
shown in the video.
Mike Adams, representative of Montgomery Wards cautioned Council against moving too
quickly; that thought must be given to phasing. He addressed design issues relative to
automotive repair, referring to page 20, item 8 of the agenda packet. Mr. Adams concurred with
the staff recommendation that there is a need for a Conceptual Master Plan.
Loren Hohman, Director of Real Estate, Montgomery Wards spoke in support of the Planning
Commission recommendation and thanked the members for what he considers to be an
improvement to the Specific Plan. Mr. Hohman presented the assets of his company,
describing its reconfigured/remodeled stores. He expressed his gratitude to City Administrator
Silver and his staff whom he thanked for opening the dialogue between Montgomery Wards and
Ezralow Retail Properties. Mr. Hohman promoted his company's commitment to redesign with a
new prototype, which he stated is a regeneration of the store.
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 Mayor Pro Tem Harman.
Councilmember Dettloff directed questions to the last speaker, Mr. Hohman relative to certain
exhibits being deleted from Specific Plan No. 13.
Discussion followed on issues relative to automotive repair and drive -through uses.
Mayor Pro Tern Harman requested that Council facilitate the voting process by starting with the
recommended action to approve the motion to ratify the submittal of the Specific Plan
application.
(24) July 5, 2000 - Council/Agency Minutes - Page 24
A motion was made by Mayor Pro Tem/Chairman Harman, second Sullivan to ratify the action
of the City Administrator as Executive Director of the Redevelopment Agency to submit the
Specific Plan application on behalf of the City and the Redevelopment Agency, as reflected in
the City Ad min istrator'slExecutive Director of the Redevelopment Agency's memorandum dated
June 5, 2000 (Included in Attachment No. 17 - June 13, 2000 Planning Commission Staff
Report). The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSTAIN: Garofalo
ABSENT: None
Discussion followed, which included acting on the suggestion to take straw votes in an effort to
bring Burlington Coat Factory, Montgomery Wards and Ezralow into an agreement on the
issues of automotive repair and drive -through use. Council cast the following roll call straw
votes:
(City Council/Redevelopment Agency) Straw Vote: Motion Failed to Retain Automotive
Repair Use in Specific Plan 13 - "The Crossings" (450.30)
Planning Director Zelefsky informed Council that he does not believe auto repair is a regional
use, and that a combination of factors including noise is not consistent with the General Plan.
Councilmembers Bauer and Dettloff protested automotive repair as "business as usual," and
stated that the city would not want another opportunity for a similarly incompatible business at
this site.
Councilmember Sullivan stated that he concurs with both Councilmembers Bauer and Dettloff,
but stated that Montgomery Wards has had automotive repair use for many years.
A motion was made by Sullivan, second Green to retain automotive repair. The motion failed by
the following roll straw vote:
AYES: Sullivan, Green
NOES: Julien, Harman, Dettloff, Bauer
ABSTAIN: Garofalo
ABSENT: None
(City Council/Redevelopment Agency) Straw Vote: Motion Passed to Exclude Drive -
Through Use in Specific Plan 13 - "The Crossings" (450.30)
Councilmember Sullivan protested drive -through use as incompatible with the General Plan.
Councilmember Julien proposed to keep the one drive -through use in the rear to be an
exception due to its conformance to stringent design guidelines and traffic considerations.
A motion was made by Sullivan, second Dettloff to not include drive -through use. The motion
carried by the following roll call straw vote:
AYES:
Sullivan, Harman, Green, Dettloff, Bauer
NOES:
Julien
ABSTAIN:
Garofalo
ABSENT:
None
(25) July 5, 2000 - Council/Agency Minutes - Page 25
Councilmember Sullivan expressed his concern relative to parking stall size, and initiated
discussion relative to amending item "f' of the staffs modifications in the recommended action.
A motion was made by Sullivan, second Mayor Pro Tem Harman to approve Zoning Map
Amendment No. 00-01 and Zoning Text Amendment No. 00-02 as amended by Planning
Commission with findings for approval (ATTACHMENT NO. V), and adopt Resolution
No. 2000-68 - "A Resolution of the City Council of the City of Huntington Beach Adopting
Specific Plan No. 13 to Change the Zoning Designation on Real Property Bounded Generally by
Beach Boulevard, Edinger Avenue, CenterAvenue, and the Southern Pacific Railroad from
General Commercial (CG) and General Commercial -Flood Plain (CG-FP2) to Specific Plan
No. 13 (The Crossings at Huntington Beach Specific Plan)." (ATTACHMENT NO. 6), and
include the following minor modifications as recommended by staff:
a. Do not include automotive repair as a permitted use.
b. Do not include drive -through uses as a permitted use.
C. Do not delete illustrative Conceptual Master Plans.
d. Delete Conceptual Floor Plans and Project Description (Statistical Summary).
e. Revise all exhibits to include Montgomery Wards' store and tirelbattery service building
footprint.
f. Include one minimum parking stall size (amended to 9 feet x 19 feet with 20%
compact on periphery of project) for entire property.
g. Include other minor language modifications as described in Planning Commission straw
vote summary in the Request for Council Action.
The motion carried by the following roll call vote:
AYES:
Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES:
None
ABSTAIN
Garofalo
ABSENT:
None
*Attachment No. 1
Suggested Findings for Approval
Zoning Map Amendment No. 00-011
Zoning Tex Amendment No. 00-02
Suggested Findings for Approval — Zoning Map Amendment No. 00-01 and Zoning Text
Amendment No. 00-02:
1. Zoning Map Amendment No. 00-01 and Zoning Text Amendment No. 00-02 to change the
zoning on an approximate 63 acre parcel from CG (General Commercial) and CG-FP2
(General Commercial — Floodplain to the Crossings at Huntington Beach Specific Plan
No. 13 is consistent with the objectives, policies, general land uses and programs
specified in the General Plan.
The proposed Specific Plan is consistent with the goals and policies of the Land Use
Element of the General Plan. The Specific Plan will allow for the creation of a
development compatible with and sensitive to the existing land use in the project area.
The Specific Plan provides development regulations which address issues of compatibility
by providing unique architectural and design guidelines, adequate setbacks, building
(26) July 5, 2000 - Council/Agency Minutes - Page 26
heights, parking, landscaping, and signing in order to provide a high quality regional
commercial and entertainment complex.
The proposed zoning document is consistent with the goals and policies of the Economic
Development Element of the General Plan. The Specific Plan will stimulate business
opportunities within the City by allowing for and encouraging development consistent with
the Specific Plan under an expedited entitlement process. Additionally, the Specific Plan
provides for a range of employment opportunities in the professional, retail, service and
entertainment fields, thus stimulating business opportunities and strengthening the
employee base of the community.
The Specific Plan also identifies design/architectural standards, consistent with the intent
of the goals and policies of Subarea 5A and the Urban Design Element. The Specific Plan
provides design/architectural guidelines which require construction of an Italian Village
themed development and promotes use of high quality colors, materials, architecture and
design concepts. These development policies and standards encourage improving the
existing property and carry out the goals and policies established in the Urban Design
Element.
The Specific Plan addresses future infrastructure needs for the property which complies
with the Circulation Element, Growth Management Element, Public Facilities and Public
Services Element, and Utilities Element.
2. In the case of a general land use provision, the zoning map and text amendments are
compatible with the uses authorized in, and the standards prescribed for, the zoning
district for which it is proposed. The proposed uses identified in the Crossings at
Huntington Beach Specific Plan No. 13 allows commercial related uses along with regional
commercial land uses consistent with the General Plan.
3. A community need is demonstrated for the change proposed. The proposed Specific Plan
provides the standards necessary to develop a high quality regional commercial shopping
and entertainment complex. The Design Guidelines and development standards of the
specific plan provide standards which exceed the minimum requirements identified in
Section 211, Commercial Districts of the Huntington Beach Zoning and Subdivision
Ordinance. In addition, the continued expansion of the regional commercial base of the
community provides jobs, an increase in property and payroll taxes, and contributes to the
City's jobs -housing balance.
4. The adoption of the Crossings at Huntington Beach Specific Plan will be in conformity with
public convenience, general welfare and good zoning practice. A comprehensive approach
in reviewing and establishing a set of development standards, design/architectural
guidelines, landscape guidelines, and signing standards provides the necessary zoning
provisions for a high quality, successful, and interesting regional commercial shopping and
entertainment complex.
5. The Planning Commission finds that establishment of the Specific Plan project will not have
any significant effect on the environment because the overall development parameters have
previously been evaluated in the EIR certified in conjunction with the General Plan update,
In addition, future requests for development projects at the site will require environmental
analysis as mandated by the California Environmental Quality Act (CEQA) and the CEQA
Guidelines.
(27) July 5, 2000 - CouncillAgency Minutes - Page 27
(City Council) Adopted Motion to Consider Emergency Item Pursuant to Government
Code Section 54954.2(b)(2) - Approved Agreement with Newport Dunes for Junior Guard
Program Overnight Field Trip and Accepted Waiver of the Indemnity Clause in the
Insurance Requirements (600.10)
The City Council considered a communication from the Community Services Department dated
July 5, 2000. The communication is a Request for Council Action (RCA) titled Approve Junior
Guard Program Overnight Field Trip to Newport Dunes and Accept Indemnity Clause.
A motion was made by Green, second Dettloff on the need to take action regarding approval of
the Junior Guard Program overnight field trip to Newport Dunes and waive the indemnity clause
which arose subsequent to the posting of the agenda pursuant to Government Code Section
54954.2(b)(2). The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
A motion was made by Green, second Dettloff to: 1. Approve in substantial form the camping
agreements with Newport Dunes for the July 12 and 13, 2000 overnight field trip for the Junior
Guard Program, and authorize Ron Hagan, Director of Community Services, to execute the
agreements attached on behalf of the city; and 2. Accept the indemnification clause in Section
5 of the General Provisions of the Beach Camping Contract Policies. The motion carried by the
following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(Civic Improvement Corporation) Annual Meeting of the Huntington Beach Civic
Improvement Corporation - The Mayor Will Recess the CouncillAgency Meeting In Order
To Convene Annual Regular Meeting of the Civic Improvement Corporation (125.20)
President Garofalo called the annual meeting of the Huntington Beach Civic Improvement
Corporation to order
Roll Call:
Present: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
Absent: None
Civic Improvement Corporation Minutes
A motion was made by Mayor Pro Tern Harman, second Green to approve and adopt the
minutes of the regular meeting held July 6, 1999 as written and on file in the Secretary's Office.
The motion carried unanimously with all present.
(28) July 5, 2000 - Council/Agency Minutes - Page 28
Adjournment
The annual meeting of the Huntington Beach Civic Improvement Corporation was adjourned by
the President.
Reconvene the Meeting of the City Council/Redevelopment Agency
Consent Calendar — Item Removed for Separate Discussion
The following item was removed from the Consent Calendar for separate discussion:
Agreement between the City and State of California for Design of Pedestrian Over -crossing of
Pacific Coast Highway (Mayer Corporation Disposition and Development Agreement — Ocean
Grand Resort Hotel)
Consent Calendar — Items Approved
On motion by Green, second Dettloff approved the following Consent Calendar items as
recommended by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) Minutes — Approved and adopted the minutes of the
City Council/Redevelopment Agency adjourned regular meeting of June 9, 2000 as written and
on file in the Office of the City Clerk.
(City Council) Adopted Resolution No. 2000-64 - Adopting Capital Improvement Program
for Years 2000/2001 through 2006/2007 for Compliance with Measure M and Proposition
111 Requirements (320.40) — Adopted Resolution No. 2000-64 - "A Resolution of the City
Council of the City of Huntington Beach Adopting Capital Improvements Programs for the Years
200012001 through 2006/2007 for Compliance with Measure M and Proposition 111
Requirements."
(City Council) Adopted Resolution No. 2000-65 Concerning Status of the Circulation
Element for City of Huntington Beach for Conformance with the Master Plan of Arterial
Highways — (Combined Transportation Funding Programs) --- Orange County
Transportation Authority (440.50) - Adopted Resolution No. 2000-65 -"A Resolution of the
City Council of the City of Huntington Beach Concerning the Status of the Circulation Element
for the City of Huntington Beach."
(City Council) Accepted the Traffic Signal Modifications at the Intersections of Springdale
StreetlWarner Avenue and Bolsa Chica Street/Heil Avenue CC-1086 and CC-1088 and
Filed a Notice of Completion — Baxter -Griffin Electrical Contractors (600.55) - Accepted the
Traffic Signal Modifications at the intersections of Springdale Street/Wamer Avenue and Bolsa
Chica Street/Heil Avenue CC-1086 and CC-1088 at a final cost of $106,730, and authorized the
City Clerk to file a Notice of Completion with the County Recorder's Office.
(29) July 5, 2000 - Council/Agency Minutes - Page 29
(City Council) Approved Youth Board Appointments/Reappointments (110.20) —
1. Reappointed the following students for a one-year term on the Huntington Beach Youth
Board for 00/01:
Katie Kent Marina High School Representative
Ryan Gaglio At -Large Representative
Sidat Kumaratne Huntington Beach High School Representative
2. Appointed the following Students for a one-year term on the Huntington Beach Youth Board
for 00/01:
Kristin Kosearas
Ocean View High School Representative
Amanda Richardson
Edison High School
Sarah Komin
At -large
Nina -Maria Ouni
At -large
Megan Feldmar
At -large
Jessica Lim
At -large
(City Council) Approved City Council Positions On Legislation Pending Before The State
Legislature And Congress And To Support Community Development Block Grant
Funding Request By President Clinton As Recommended By The City Council
Intergovernmental Relations Committee (120.70) — The City Council Intergovernmental
Relations Committee reviewed the legislation below and authorized the Mayor to send letters
reflecting those positions to the legislators: Motion: Support SB 315 (Burton) The
Transportation & Infrastructure Bond Act to provide financing for activities relating to the repair
and upgrading of transportation infrastructure. Requires approval by the voters. Motion:
Support AB 2786 (Bates) which would provide funding for affordable housing for elder persons
by using revenue from estates that have been permanently escheated to the State. Motion:
Oppose AB 2043 (Maddox) which would add meningitis as a presumptive illness for fire fighters
and law enforcement officers. Motion: Support HR 701 (Young) which would provide funding
to State and local governments for assistance to preserve wildlife and build recreational facilities
associated with the outer continental shelf. Motion: Authorize Support Letters to
Congressman Rohrabacher and the Congressional Appropriation Committee asking that they
support President Clinton's funding request of $4.9 billion for the Community Development
Block Grant (CDBG) Program and $1.65 billion for the HOME Program.
(City Council) Approved Site License Agreement between the City and Cox PCS Assets,
LLC for the Installation of Telecommunication Facilities at Talbert Park (600.10) -
1 . Approved and authorized the Mayor and City Clerk to execute the Site License Agreement
between the City of Huntington Beach and Cox PCS Assets, LLC allowing the installation of a
telecommunication facility at Talbert Park; and 2. Authorized the Director of Administrative
Services and City Clerk to approve and execute additional Site License Agreements with Cox
PCS Assets, LLC For the installation of telecommunications facilities on public property, upon
City Attorney approval as to form of said agreements or documents.
Mayor Garofalo asked how this item connects with the city utilities tax relative to how it may
impact the city's ability to impose fees in the future.
City Administrator Silver responded that he will report back at a later date.
(30) July 5, 2000 - Council/Agency Minutes - Page 30
(City Council) Approved Agreement Between the City and Sunshine Makers, Inc. DBA
Simple Green for the Department of Housing and Urban Development (HUD) Grant —
Experimental Bioremediation Project in Huntington Central Park Oil Well Test Sites — W/o
Goldenwest Street, No Ellis Avenue — Approved Expenditure of Funds (600.10) —
1. Approved the agreement, Federal Grant Experimental Bioremediation Project Contract
between the City of Huntington Beach and Sunshine Makers, Inc., DBA Simple Green,
Regarding Huntington Central Park, and authorize the Mayor and City Clerk to execute same;
and 2. Approved an amendment to the mid -year budget by appropriating $323,750 from the
General Fund Reserve to Contractual Services account E-AA-CS-340-390-00 for
bioremediation project in Huntington Central Park. This is a loan that will be reimbursed by the
HUD grant.
(City Council) Adopted Resolution No. 2000-67 and Accepted Grant from the State of
California, Department of Alcohol Beverage Control — Approved Expenditure of Funds
(340.80) --1. Accepted the grant between the State of California, Department of Alcohol
Beverage Control and the City of Huntington Beach; and 2. Approved Resolution No. 2000-67 -
"A Resolution of the City Council Authorizing Application for Funds Through the Grant
Assistance to Local Law Enforcement Agencies Project of the Department of Alcoholic
Beverage Control;"and appropriation of $100,000 from the unreserved, undesignated General
Fund Balance, to be reimbursed by the grant from the Department of Alcohol Beverage Control;
and 3. Authorized the expenditure of funds not to exceed $100,000 to enforce and monitor local
Alcohol Beverage Control licensed businesses for compliance to rules and regulations.
(City Council) Approved an Agreement between the City and State of California for
Design of Pedestrian Over -Crossing of Pacific Coast Highway (Mayer Corporation
Disposition and Development Agreement — Ocean Grand Resort Hotel) (600.20)
A motion was made by Green, second Dettloff to approve the Cooperative Agreement
No. 12- 373, Design and Project Development, between State of California and City of
Huntington Beach for a pedestrian overcrossing of Pacific Coast Highway at the site of the
proposed Ocean Grand Resort Hotel project and to authorize the Mayor and City Clerk to
execute the agreement on behalf of the City. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSTAIN: Garofalo
ABSENT: None
(City Council) Approved Implementation of the Pacific Coast Highway Congestion
Reduction Plan (580.10)
Upon unanimous consensus, the item regarding the Pacific Coast Highway Congestion
Reduction Plan was tabled until after Mayor Garofalo's agenda item proposal on Seapoint
Avenue.
(31) July 5, 2000 - Council/Agency Minutes - Page 31
Note — The Following is a Three -Part Agenda Item:
(City Council) Part 1 of 3 — Deferred to July 17, 2000 - Adopt Resolution No. 2000-66
Adding One Measure and One Advisory Vote Measure to the General Municipal Election
to be Held November 7, 2000 (620.20)
The City Council considered a communication from the City Clerk transmitting that at the
June 19, 2000 Council meeting, the Council adopted resolutions for the conduct of the
November 7, 2000 General Municipal Election, together with a request for the Orange County
Board of Supervisors to consolidate the city's election with that of the Statewide Election.
(Election of three members of the City Council, a City Clerk, and a City Treasurer.) Resolution
No. 2000-66 is being submitted for Council adoption to add one measure and one advisory vote
only measure to the November 7, 2000, General Municipal Election: Resolution No. 2000-66 --
"A Resolution of the City Council of the City of Huntington Beach Ordering the Submission to
the Qualified Electors of the City of Huntington Beach Certain Measures Relating to the City's
Utility Tax at the General Municipal Election to be held on Tuesday, November 7, 2000 as
Called by Resolution No. 2000-58."
"Shall an electric power plant be required to pay the same Utility Tax
as do residents and businesses of the City of Huntington Beach by
Yes
amending the Huntington Beach Municipal Code to remove Section
3.36.080(b) and make corresponding changes to Section 3.36.010(g)?"
No
Advisory Vote Only "Should the Utility Tax paid solely by an electric
power plant be placed into an Infrastructure Fund to be used only for
Yes
the maintenance, construction, and repair of infrastructure such as
sewers, sewage lift stations, storm drains, storm water pump stations,
alleys, streets, highways, curbs and gutters, sidewalks, street trees,
landscaped medians, parks, beach facilities, playgrounds, traffic signals,
No
street lights, and block walls along arterial highways?"
City Clerk Brockway responded to questions from Council relative to setting priorities for written
arguments relative to the following proposed actions:
(City Council) Part 2 of 3 Deferred to July 17, 2000 - Adopt Resolution No. 2000-69 Setting
Priorities for Written Arguments Regarding a City Measure and Directing the Preparation
of an Impartial Analysis — November 7, 2000 General Municipal Election (Proposed
Measure to Require an Electric Power Plant to Pay the Same Utility Tax As Do City
Residents and Businesses) ( . )
(City Council) Part 3 of 3 - Deferred to July 17, 2000 - Adopt Resolution No. 2000-70
Setting Priorities for Written Arguments Regarding a City (Advisory Vote) Measure and
Directing the Preparation of an Impartial Analysis — November 7, 2000 General Municipal
Election — (Re: Whether a Utility Tax Paid Solely by an Electric Power Plant Should be
Placed Into an Infrastructure Fund ( . )
(Continued on the Next Page)
(32) July 5, 2000 - Council/Agency Minutes - Page 32
The City Clerk advised Council that the three-part agenda item may be deferred to the July 17,
2000 Council meeting for further Council review.
A motion was made by Green, second Julien to defer the three-part agenda item to the
July 17, 2000 Council meeting. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3468 -- Park In -Lieu Fees for Residential Properties
(640.10)
A motion was made by Green, second Dettloff to adopt Ordinance No. 3468 after the City Clerk
read by title - "An Ordinance of the City of Huntington Beach Amending the Huntington Beach
Zoning and Subdivision Ordinance by Amending Section 254.08H Thereof Relating to Park in -
Lieu Fees" The motion carried by the following roll call vote:
AYES: Julien, Harman, Garofalo, Green, Dettloff, Bauer
NOES: Sullivan
ABSENT: None
(City Council) Directed Staff to Research Establishment of a Mobile Home Rental
Assistance Program (430.60)
The City Council considered a communication from Mayor Dave Garofalo submitting the
following Statement of Issue: During public comments on June 5, 2000, a number of speakers
discussed the issue of rent control for mobile home parks. This issue has been raised with
great regularity at City Council meetings. At that meeting, I suggested that the City should take
a proactive stance and explore the idea of establishing a Mobile Home Rental Assistance
Program for future review and consideration.
Economic Development Director David Biggs responded to questions relative to a timeline
required by staff.
Councilmember Sullivan suggested that the proposal be amended to allow a maximum of 20
staff hours devoted to the initial research project.
Economic Development Director Biggs answered that at this time there are no potential revenue
sources foreseeable, such as Federal Section 8 loans and/or Housing and Redevelopment Set -
aside Funds.
A motion was made by Mayor Garofalo, second Dettloff to direct staff to undertake initial
research into a Mobile Home Rental Assistance Program, with a maximum of 20 hours of staff
time devoted. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(33) July 5, 2000 - Council/Agency Minutes - Page 33
(City Council) Directed Staff to Evaluate Potential Accident Conditions Relative to Traffic
on Seapoint Avenue (580.30)
The City Council considered a communication from Mayor Garofalo 4Wbmitfing the foilowing
Statement of Issue: Recently, a hit and run bicyclist accident took place on Seapoint Avenue.
The victim of the accident is a 12-year old minor who sustained massive injuries. While I
understand that accidents can always occur, even under the best of conditions, it seems
appropriate to review all roadway conditions surrounding the accident area.
Mayor Pro Tern Harman suggested amending the recommended action by volunteering to serve
on a committee with the Mayor, and by requesting that a study be conducted of a crossing at
Summit Drive.
A motion was made by Mayor. Garofalo, second Harman to direct staff to undertake an
evaluation of the accident conditions with respect to existing signage, signals, striping, and sight
lines, and direct a committee of Mayor Garofalo and Mayor Pro Tern Harman to study issues
including red curbing, stop lights, crossing lights, and study of crossing at Summit Drive. The
motion carried by the following roll call vote:
AYES: Julien, Harman, Garofalo, Green, Dettloff, Bauer
NOES: Sullivan
ABSENT: None
(city 4ct ii).Approv'e,lrpplgwnt�tion of the Pacific Coast Highway Congestion
Reductioh' Plan Approved Relocatibn of Meters — Parking Prohibition — Restrtoing — All
Pedestrian -Phased Traffic Signals (580.10)
A communication was received from the Department of Public Works informing Council that the
city and the California Department of the Transportation (CalTrans) have jointly studied traffic
and pedestrian movements along Pacific Coast Highway at 1st Street and at Main Street.
Implementation of the resulting Pacific Coast Highway Congestion Reduction Plan will greatly
improve traffic flow. Staff is requesting Council consideration of approving the relocation of 58
on -street metered parking spaces and the prohibition of parking on Pacific Coast Highway in the
Downtown area to enable this plan to be implemented.
Mayor Pro Tern Harman suggested approving implementation of the Pacific Coast Highway
Congestion Reduction Plan, and that the staff report be waived due to the lateness of the hour.
Council concurred.
A motion was made by. Green, second Dettloff to approve the recommendation of the Public
Works Commission and direct staff to work with CalTrans to: 1. Relocate 58 metered on -street
parking spaces from both sides of Pacific Coast Highway between 800 feet south of 1st Street
(the Grinder Restaurant driveway) and 7t` Street to other portions of Pacific Coast Highway and
to adjacent city streets; and 2. Prohibit parking on Pacific Coast Highway from 800 feet south of
1st to 7"' Streets; and 3. Stripe a third northbound and a third southbound lane on Pacific Coast
Highway in the area from 1st Street to 6t" Street; and 4. Incorporate an all -pedestrian phase into
the traffic signal on Pacific Coast Highway at Main Street. The motion carried by the following
roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSTAIN: Garofalo
ABSENT: None
(34) July 5, 2000 - Council/Agency Minutes - Page 34
Adjournment — City Council/Redevelopment Agency
Mayor ��f� adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach at 1:50 a.m. to Monday, July 10, 2000,
at 4:00 p.m., in Room D, Huntington Beach Central Library, 7111 Talbert Street, Huntington
Beach, California.
L
City Clerk and ex-officio Clerk of the,4ity
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
G�rcl.
- ( -Z 6 �_
City Clerk -Clerk Mayor -Chairman