HomeMy WebLinkAbout2000-08-21Minutes
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
Monday, August 21, 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
Mayor Pro Tern Harman 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 Sullivan, Harman, Green, Dettloff, Bauer (Julien arrived 5:03 p.m.)
Absent Garofalo
The City Clerk announced a revised page 2 (rewording of closed session item).
(City Council/Redevelopment Agency) Study Session — Flood Management Plan —
Identification of Potential Local Flood Hazards and Recommendations for Establishment of
Goals for the Mitigation and/or Reduction of Flood Hazards — Report to be Presented on
Wintersburg Channel/Restored Bolsa Chica Wetlands (550.50)
The City Council considered a communication from the Planning Department titled Flood
Management Plan — City of Huntington Beach dated August 2000 which includes identification of
problems associated with flood hazards, and goals to establish reduction and/or mitigation of those
hazards.
Planning Director Howard Zelefsky stated that there is much misunderstanding with the public in
regard to flood management and insurance. He spoke regarding how FEMA (the Federal
Emergency Management Agency) has reduced the rates of flood insurance premiums in certain
flood zones.
Planning Director Zelefsky introduced Susan Pierce, Senior Planner who presented a staff report.
Senior Planner Pierce informed Council that instances of flooding throughout the city have
occurred due to a deficiency in the storm drain infrastructure system.
Discussion followed regarding staffs activities to mitigate the problem, including consideration of
county participation through lobbying for county funds on a quarterly basis.
(2) August 21, 2000 - Council/Agency Minutes - Page 2
Senior Planner Pierce stressed the importance of Council reviewing the various handouts, paying
special attention to Sections 5 and 8 of the Flood Management Plan. She informed Council that
the plan requires approval at the public hearing scheduled at the September 5, 2000 meeting,
because FEMA mandates adoption by Council as of October 1, 2000.
City Administrator Ray Silver responded to Council's request to return with a report regarding the
city's study and policy recommendations on the EIR (Environmental Impact Report) relative to
Council's position on the Wintersburg Channel in order to weigh the balance of flood control
protection versus the damage to the restored Bolsa Chica wetlands.
The City Council thanked staff for the comprehensive reports.
Motion to Recess to Closed Session —Approved
A motion was made by Sullivan, second Bauer to recess to Closed Session on the following items.
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(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 &
Bolarios 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 54956.9(c)
to confer with its attorney regarding pending litigation. (Based on existing facts and circumstances,
the legislative body of the local agency has decided to initiate or is deciding whether to initiate
litigation.) Number of Potential Cases: 1. Subject: City of Huntington Beach v. Santa Fe
Springs and CENCO. (120.80)
(City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(c)
to confer with its attorney regarding pending litigation. (Based on existing facts and circumstances,
the legislative body of the local agency has decided to initiate or is deciding whether to initiate
litigation.) Number of Potential Cases: 1. Subject: City of Huntington Beach Potential
Litigation v. Tierrasanta, Inc. (Percy Dock Access). (120.80)
(City Council) Closed Session -- City Council pursuant to Government Code Section 54956.9(b)(2)(A)
to confer with its attorney regarding facts and circumstances that might result in litigation against the
local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs.
(120.80)
Reconvene City Council/Redevelopment Agency Meeting
(3) August 21, 2000 - Council/Agency Minutes - Page 3
(City Council) Report Of Action Taken Pursuant To Government Code Section 54957A on
May 3, 1999 City Council Closed Session — City's Potential Litigation v. Tierrasanta, Inc.
(Percy Dock Access). (120.80)
City Attorney Gail Hutton on Monday, August 21, 2000, the City Council convened in closed
session to discuss the matter of City of Huntington Beach v. Tierrasanta, Inc., Potential
Litigation (Percy Dock Access).
City Council voted to authorize the City Attorney to file an action against Tierrasanta Corporation
over the recreational easement over Percy Park. The motion carried by the following roll call vote.
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
City Council — Redevelopment Agency Roll Call
Present Julien, Sullivan, Harman, Green, Bauer, Dettloff
Absent Garofalo
Flag Ceremony and Pledge of Allegiance - Led by Councilmember Sullivan.
Invocation - Reverend Paul Kelly, Interfaith Council, St. Simon & Jude Roman Catholic Church,
Huntington Beach.
City Clerk Announces Late Communications Which Pertain to Items on the Agenda
Revision to Closed Session item wording for potential litigation against the city by unknown plaintiffs.
Slide show presentation dated August 21, 2000 from the Department of Public Works titled Water
Master Plan and Water Fund — Capital Improvement Projects.
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
August 21, 2000. The slide show presentation is titled Downtown Parking Master Plan — Annual
Review & Monitoring Report.
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
August 21, 2000. The slide show presentation is titled Northam Court, Appeal of Planning
Commission's Denial of Tentative Tract Map No. 15689 — Conditional Use Permit No. 99-53.
Presentation — By Mayor Pro Tern Harman, Council Liaisons Shirley Dettloff and Peter Green, and
Public Works Director Robert Beardsley to members of the Infrastructure Advisory Committee
(IAC). Each member received Proclamations recognizing their 28 months of dedicated service to
the City of Huntington Beach.
Presentation of the Mayor's Award — By Mayor Pro Tem Hannan on behalf of Mayor
Dave Garofalo to Donna Patrykus, Inventory Clerk, for 23 years of service. Administrative Services
Director John Reekstin announced that Ms. Patrykus is responsible for a $350,000 operation, with
an average handle of 5,000 pieces of mail daily. The Mayor Pro Tern stated that Ms. Patrykus is a
past recipient of the Employee of the Year Award, the 1978 Goodwill Award, is a suggestion
program award winner, and trainer of interns and students.
(4) August 21, 2000 - Council/Agency Minutes - rage 4
Public Comments
Lou Baker spoke regarding the need for clean ocean water, stating that bacterial contamination
has been the cause of the loss of revenue in tourism. He stated that closed beaches are the
greatest threat and referred to the August 10, 2000 edition of the Independent Newspaper
regarding the proposed desalinization plant. Mr. Baker quoted Council comments in opposition to
desalinization.
Vicky Talley, Executive Director of the Mobile Home Educational Trust (MHET) spoke in
opposition to the agenda item regarding the employment of a consultant on mobile home rent
issues. She stated that she is against taking action to promote rent control. Ms. Talley referred to
a previous mobile home study conducted by Lawrence Research as a valuable survey. She
requested Council to table any further expenditure on the matter.
Debbie Cook spoke regarding her belief of the invalidity of the city's contract with the Huntington
Beach Visitor's and Conference Bureau (CVB). She shared opinions from a Fair Political Practices
Commission (FPPC) advice letter. Ms. Cook stated that CVB voting members represent
businesses coming before Council, quoting sections of State law governing conflict of interest
issues. Ms. Cook cautioned against the fact that the CVB has no public oversight committee. She
expressed her concern over the Mayor's alleged involvement with various CVB Board Directors.
Ms. Cook urged Council to void the contract, audit the CVB and reorganize it as a city department.
Vi Cowden, a veteran of the Women's Air Force Service Pilots and one of the first women to fly
military aircraft in World War II, invited the community to join a committee. The committee is
working on a project to place the 50 U. S. flags over Huntington Beach pier to honor veterans on
Veteran's Day, November 11, 2000.
Mayor Pro Tern Harman stated that he would like to be on the committee and noted that
Councilmember Julien is already a member. He informed everyone that Ms. Cowden has donated
ten flags.
John Jankowski spoke in support of Mark Porter to be reappointed on the Mobile Home Advisory
Board (MHAB). He rebutted Ms. Talley, the Manufactured Housing Educational Trust (MHET)
representative's opposition to retaining Mr. Porter on the board. Mr. Jankowski affirmed a vote in
favor of the agenda item on selection of a consultant on mobile home rent issues.
Steve Gullage responded to Ms. Talley's comments, stating that 100 cities in California have
mobile home rent stabilization in place. He stated that Ms. Talley's own city also has rent control.
He spoke in opposition to Ed Laird's proposed Charter Amendment, a petition to prohibit rent
control for homes, apartments and mobile homes. Mr. Gullage spoke in opposition to The Local
News, recommending taking action to boycott it. He urged Mayor Garofalo to recuse himself from
voting on the agenda item on hiring a mobile home consultant.
Linda Reynolds, President of the Democratic Club of Orange County thanked Council for
recognizing the Infrastructure Advisory Committee (IAC) which she stated the club supports. She
expressed two concerns relative to the IAC: (1) make reports and recommendations available to
residents in all ways possible to make them aware; (2) provide adequate financing. Ms. Reynolds
stated that she supports that 15% of the budget be allocated towards expenditures for
infrastructure improvements and also the formation of the proposed oversight committee.
(5) August 21, 2000 - Council/Agency Minutes - Page 5
Norm Westwell declared his candidacy for the City Council, and offered the use of his computer
for the public use for PowerPoint presentation in the Council Chambers. He stated that the
computer was donated by Anything Computers Company in Huntington Beach. Mr. Westwell
promoted buying from businesses in the city. He stated his opposition to projects such as street
sweeping as a waste of government expenditure.
Don McGee spoke regarding the Huntington Beach Conference and Visitor's Bureau (CVB),
stating that since 1993 they have had a "no bid" contract to publish the Visitor's Guide. He stated
his opposition to what he perceives as a lack of adherence to the provisions of the contract
between the CVB and the city. Mr. McGee spoke in opposition to urban runoff.
Steve Reuter spoke in favor of the proposed desalinization plant near the former site of the Edison
power plant at Magnolia Street and Hamilton Avenue. He informed Council that he would like it
reconsidered and supported. Mr. Reuter urged for the clean up of toxic waste dump at that
location.
Angela Salinardi reiterated Mr. Joey Racano's statements in favor of saving the water and open
space. Ms. Salinardi requested Council's full attention to speakers during public comments.
(City Council) Ratified the Appointments of ('i) Six Infrastructure Advisory Committee (IAC)
Members, (2) Two Alternates and (3) One City Finance Board Representative to Newly Created
Infrastructure Planning Committee (IPC) Approved at the August 7, 2000 Council Meeting)
(110,20)
The Council considered a communication from the Public Works Department responding to
Councilmember Pam Julien's August 7, 2000 agenda item. Pursuant to Councilmember Julien's item,
the Infrastructure Advisory Committee (IAC) met on August 17, 2000 to discuss appointments of six
1AC members to the newly created Infrastructure Planning Committee (IPC). The formation of the IPC
was approved at the August 7, 2000 Council meeting. The following recommended action on the
appointments was submitted via communication included in the packet from the current Chairman of
the IAC, Dick Harlow. The communication is dated August 18, 2000 titled Recommended
Appointments to Infrastructure Planning Committee.
The Public Works staff was directed to return with a Consent Calendar Item for Council to ratify the two
alternate members to be selected by IAC Chair & to ratify Bob Riffenburgh as the Public Works
Commission representative. A motion was made by Julien, second Bauer to:
1. Ratify the appointments of the following individuals to the Infrastructure Planning Committee as
recommended by the IAC: Dick Harlow, Chair; Gerald Chapman, Vice Chair; Mary Urashima, Chair
of the Public Awareness Subcommittee; Al Bell; George Mason; and Art Rosen; and
2. Ratify that two alternates be named by the IAC Chair with advice of the IAC members. They
would attend IPC meetings so they can be prepared to step in as replacements for anyone of
the six primary representatives, if needed. The IAC pre -approved a list of candidates; and
3. Ratify the appointment of a representative of the City Finance Board on the IPC, the Finance
Board Vice Chair Chuck Bohle, who has served as the Board's representative on the IAC. The
addition of a Finance Board representative could be beneficial and complement the Public
Works Commission representation on the IPC since financial resources is one of the main
issues that the IPC will be addressing. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(6) August 21, 2000 - Council/Agency Minutes - Page 6
City Administrator's Update on Capital Projects Underway (320.40)
The City Council considered a presentation of a PowerPoint slide report titled Public Works
Department Capital Improvements Program - Capital Projects Update by Public Works Director
Robert Beardsley. In addition, staff provided a brief overview of regional water projects directly
impacting the city. The PowerPoint presentation had been announced earlier as a irate
Communication by the City Clerk.
Principal Civil Engineer Tom Rulla presented a PowerPoint slide presentation dated
August 21, 2000 titled Water Master Plan Fund and Water Fund - Capital Improvement Projects.
The communication was announced earlier by the City Clerk as a Late Communication. Mr. Rulla
informed Council that the Water Master Plan is being updated and will be brought back in the Fall.
City Administrator Silver commended city staff and the Orange County Public Works staff on their
good work resulting in keeping the city beach open every day during the past year.
City Administrator's Report - Highlights Provided on the Advanced Traveler Information
System (TraveITIP) - Agenda Item on the Cooperative Agreement Between the City and
Orange County Transportation Authority (OCTA)) (600.25)
The City Council considered a communication from the Public Works Department presenting
TraveITIP highlights relative to the Cooperative Agreement between the city and the Orange
County Transportation Authority (OCTA) that was placed on the Consent Calendar for this
meeting's agenda:
A major trend in the transportation field is the use of technology to help solve mobility and traffic
congestion problems. OCTA has received a federal grant to design and deploy an innovative
computer system that will help Orange County residents and visitors plan their trips in and around
the county. The TraveITIP project is one of the first of its kind in the nation and it will allow
travelers to receive information about:
1. Traffic congestion on freeways and selected surface streets throughout Orange County.
2. Train or bus schedules and routes.
I Other events that may affect traffic conditions such as road construction projects or
special events such as parades, street fairs or major sports events.
4. Limited transit and auto trip planning capabilities based on existing traffic and road
conditions.
TraveITIP will receive its data from sources such as:
1. Caltrans and other local Transportation Management Centers.
2. City Traffic Signal Master Controllers.
3. Law enforcement agencies reporting incidents.
TraveITIP information will be provided to a variety of sources. The primary outlets will be an
Internet website (www.traveltip.net), a highway advisory telephone system and kiosks. Other
outlets may include radio and television reports. The real time data may also be available through
other products and services such as pagers and other wireless handheld and in vehicle devices.
TraveITIP is expected to be operational later this Fall.
(7) August 21, 2000 - Council/Agency Minutes - Page 7
Councilmember Bauer announced that City Administrator Silver was elected as Second Vice
President of the California City Managers Association.
City Administrator Silver announced that Councilmember Bauer was elected as First Vice
President of the Orange County Division of the League of California Cities.
(City Council) Public Hearing Annual Review and Monitoring Report — Approved Downtown
Parking Master Plan (DPMP) for Specific Plan Area (Generally Bounded by Pacific Coast
Highway, Sixth Street, Acacia Avenue, and Second Street) — Approved DPMP for Submittal
to the California Coastal Commission (440.30)
Councilmember Julien disclosed a potential conflict of interest relating to her employer's office
space at 200 Main Street. She stated that the property occupied by her employer, Pier Realty, is
subject to the Downtown Parking Master Plan. Councilmember Julien recused herself from
participating in the decision on this item.
Mayor Pro Tem Harman announced that this was the time scheduled for a public hearing on the
following:
Applicant: City of Huntington Beach, Planning Department
Request: Annual review and monitoring report of the Downtown Parking Master Plan.
Location: Downtown Specific Plan area (generally bounded by Pacific Coast Highway, Sixth
Street, Acacia Avenue and Second Street).
Environmental Status: This item is covered under Environmental Impact Report
No. 82-2 approved in conjunction with the Downtown Specific Plan.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
Earlier in the meeting, the City Clerk had announced that the following late communication on this
item had been submitted by the Planning Department to the City Clerk's Office on August 21,
2000. The PowerPoint slide show presentation is titled Downtown Parking Master Plan — Annual
Review & Monitoring Report.
Planning Director Howard Zelefsky introduced Senior Planner Herb Fauland who presented the
PowerPoint slide report.
Mayor Pro Tem Harman declared the public bearing open.
Bob Bolen spoke in opposition to the Downtown Parking Master Plan, stating that it should be the
fifth, and not the second annual report. Mr. Bolen spoke regarding shortages of spaces. He
referred to a letter from Jeffrey Oderman from the Law Firm of Rutan & Tucker, and requested that
the item be continued.
Mayor Pro Tem Harman inquired about the letter from Rutan & Tucker, which he stated had not
been received by Council.
(8) August 21, 2000 - Council/Agency Minutes - Page 8
Norm Westwell stated his opposition to the Downtown Parking Master Plan. Mr. Westwelll
suggested that residents and businesses in the area should be exempt from paying parking meter
fees.
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 Tern Harman.
Councilmember Green inquired about the adequacy and utilization of the parking plan.
Senior Planner Fauland responded that the next step is to forward a comprehensive update to the
Coastal Commission (as the recommended action indicates) for review using previous
assumptions as correct and to return to Council in November 2000.
Senior Planner Fauland responded to Mayor Pro Tern Harman's expressed concern over the
grandfathering-in of 24 Hour Fitness to the Downtown Parking Master Plan.
A motion was made by Bauer, Second Dettloff to accept as adequate and complete the Annual
Review and Monitoring Report of the Downtown Parking Master Plan and forward to the Executive
Director of the California Coastal Commission. The motion carried by the following roll call vote. -
AYES: Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
ABSTAIN: Julien
(City Council) Announcement Made by Mayor Pro Tern Harman Pursuant to the Rule of
Necessity, FPPC Regulation 18708 in Choosing a Disqualified Councilmember to Participate
in the Public Hearing on the Appeal Filed by PLC Land Company of the Planning
Commission's Denial of Tentative Tract Map No. 156891 Conditional Use Permit No. 99-53
(420.40)
Prior to consideration of the following public hearing, the three following Councilmembers spoke
regarding non -participation:
First, Councilmember Julien recused herself from participation, stating that she had a potential
conflict of interest since her place of employment, Pier Realty at 200 Main Street is within 2500 feet
of the property in question.
Second, Councilmember Dettloff informed Council that she was advised by the City Attorney's
Office to abstain because she owns property across the street (from City Hall).
Third, Mayor Pro Tern Harman declared his abstention due to his law office in the Seacliff Office
Park, which is located immediately adjacent to the subject property.
The drawing of lots is required by the Rule of Necessity, FPPC (Fair Political Practices
Commission) Regulation 18708 in order for a quorum to consider. Mayor Pro Tern Harman made
the following statement prior to choosing which Councilmember will participate pursuant to the
Rule of Necessity:
"Since three Councilmembers have declared a conflict of interest on this item, we
must randomly select one of the disqualified Councilmembers to participate
(9) August 21, 2000 - Council/Agency Minutes - Page 9
pursuant to the Rule of Necessity, FPPC Regulation 18708. This is required
because there are only six Councilmembers in attendance tonight, and a minimum
of four Councilmembers is required in order to take action.
The City Clerk has three folded sheets of paper, which have been stapled so that
they are not readable. One sheet of paper has the word "PARTICIPATE" written on
it. Two sheets of paper have the word ABSTAIN" written on them. Each
disqualified Councilmember will choose a piece of paper. The Councilmember that
draws the paper with the word "PARTICIPATE" written on it will participate in the
decision pursuant to the Rule of Necessity.
A simple majority of the quorum is sufficient to act on this item. Each disqualified
Councilmember will now draw a piece of paper."
Upon drawing lots, Councilmember Dettloff announced that she had selected a piece of paper with
the word "PARTICIPATE" written on it. Mayor Pro Tern Harman and Councilmember Julien both
declared that they each picked a sheet of paper with the word "ABSTAIN" written on it.
In Mayor Garofalo's absence and due to Mayor Pro Tem Harman's and Councilmember Julien's
disqualification, Councilmember Green presided. Councilmember Green informed everyone that
Councilmember Dettloff drew the lot and will be participating with Councilmembers Bauer, Green
and Sullivan in the following public hearing:
(City Council) Public Hearing — Denied Appeal Filed by PLC Land Company of the Planning
Commission's Denial of Tentative Tract Map No. 156891Conditional Use Permit No. 99-53
(for Construction of 17 Single Family Units & 2 Landscape Lots - Northam Court
(2110 Main Street, n/o Yorktown Avenue, e!o Main Street, w/o Lake Street) (420.40)
Councilmember Green announced that this was the time scheduled for a public hearing to consider
the following:
Applicant/Appellant: PLC Land Company
Request: Tentative Tract Map (TTM): To permit the subdivision of 4.82 acres of land into 17
single family residential lots, two landscape lots and one private roadway lot and construction of
associated infrastructure. Conditional Use Permit (CUP): To permit the construction of 17 two-
story, detached single family homes. The request also includes: 1. Development on lots with
greater than a three foot grade differential between the high and low point; and 2. Development of
a Planned Unit Development project to allow reduced lot widths on 14 lots with minimum widths of
50 feet in lieu of 60 feet; and 3. A maximum three (3) foot retaining wall topped with a six (6) foot
high perimeter wall along the southeast corner of the project (lot 8).
Location: 2110 Main Street (north of Yorktown Avenue, east of Main Street, west of Lake Street).
Environmental Status: An initial environmental assessment for item #1 was processed and
completed in accordance with the California Environmental Quality Act. It was determined that
implementation of the project would have a significant environmental effect on cultural resources,
biological resources, and aesthetics, therefore an environmental impact report (EIR) was warranted
and prepared. The EIR was certified by the City of Huntington Beach Planning Commission on
June 13, 2000. Approval of a Statement of Overriding Considerations and Findings of Fact by the
City Council are necessary to approve this project. The tentative tract map and conditional use
(10) August 21, 2000 - Council/Agency Minutes - Page 10
permit applications are on file in the City of Huntington Beach Planning Department, 2000 Main
Street, and are available for public inspection and comment by contacting the Planning
Department, or by telephoning (714) 536-5271.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
Senior Planner Scott Hess presented a PowerPoint slide report that had been announced earlier
by the City Clerk as a Late Communication submitted by the Planning Department to the City
Clerk's Office on August 21, 2000. The PowerPoint presentation is titled Northam Court; Appeal of
Planning Commission's Denial of Tentative Tract Map No. 15689 — Conditional Use Permit
No. 99-53_
Senior Planner Hess introduced a consultant on the project, Terri Vitar, Regional Manager for EIP
Associates.
Councilmember Bauer inquired about density, to which Senior Planner Hess replied that 10 to 12
units per acre are planned for the site.
Planning Director Howard Zelefsky responded to Councilmember Bauer's question regarding
topography, stating that in 1990, the city approved the Holly Seacliff Development Plan that
allowed for "cut and fill" provisions.
EIP Associates Regional Manager Terri Vitar clarified for Councilmember Dettloff that staff had
looked at grading reconfigurations to determine the minimum number of horses that the site can
accommodate.
Councilmember Green declared the public hearing open.
Bill Holman, representative for the applicant, PLC Land Company furnished the history of how the
site was acquired in 1998. He delivered the rationale in the 1998 Holly-Seacliff Development Plan
to cut a higher portion to make the cul-de-sac fairly even with the sidewalk. Mr. Holman stated that
this was done with the belief that the proposal addressed compatibility concerns. He stated that
the EIR (Environmental Impact Report) did not address certain issues, but that the developer has
been responsive to the neighboring community's concerns to maintain the existing tree line by
conducting a tree inventory. Mr. Holman expressed his disagreement with the Planning
Commission's recommended action relative to its restriction to the developer of the usage of 40%
of the site. He presented his conditions for approval.
Councilmember Julien proposed an alternative residential development plan that she stated would
require less drastic cut and fill heights, to which Mr. Holman responded that there would be
difficulty in carrying out her suggestion as it described a different type of housing product.
Mr. Holman stated that his company is agreeable to looking at any number of options, including.
revised grading plans.
Frank Caponi, Chairman, Huntington Beach Environmental Board concurred with Councilmember
Green's statement that centered around the issue of preserving the ranch type of housing and
vegetation historic to the site. He expressed regret over the destruction of the mansion on the hill.
Mr. Caponi stated that he is speaking on behalf of the board in support of preserving one of the last
sites with historic and biological related features.
(11) August 21, 2000 - Council/Agency Minutes - Page 11
Joey Racano, candidate for City Council spoke in opposition to the project, urging a moratorium
on building until the issue of clean water is resolved. He spoke about how the proposed
development will have an adverse effect on the 134 trees on the hillside that he described is a
community treasure. Mr. Racano expressed his opinion that desalinization is a bad idea, stating
that the change of molecular activity in the ocean destroys vegetation. He displayed a photograph
of activists protesting against lights that he stated obscured the skyline.
Norm Westwell spoke in support of approving the appeal of the agenda item. He stated that the
city continues to be a bedroom community, and that the PLC Land Company developer has a good
project. Mr. Westwell spoke about the grading of the hill on Goldenwest Street and the necessity
for the higher elevation. He spoke in favor of the cut and fill provisions, stating that preservation of
the land would be desirable but not feasible. Mr. Westwell referred to the new Fire Station 6 on
Edwards Hill and the water reservoir, commenting that the city should be consistent in its
development requirements.
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 Councilmember Green.
Councilmember Sullivan stated that he felt it necessary to rebut the speaker, Mr. Westwell's
comments that the city built the reservoir on an earthquake fault.
Councilmember Dettloff stated her support of preserving the mature trees and having less grading
in the area, and her opposition to approving the building of projects with high density zoning.
Councilmember Dettloff requested PLC Land Company to go back to the architects and planners.
Councilmember Bauer stated that he is going to be opposing a motion to uphold the denial. He
expressed his concern that what staff is proposing will change the character of the hill.
Councilmember Bauer stated he would like to see the city purchase the property for park purposes,
but that funds are not available. He spoke further about undersized lots.
At City Administrator Silver's request, Senior Planner Scott Hess clarified the issue of density
brought up by Councilmember Bauer. Senior Planner Hess stated that staff is recommending
attached units; that cluster housing, which are detached will cause steeper grading.
Further discussion ensued as to whether or not the plan can be created without intense grading,
and if redesigning with minimal grading will preserve the trees. Deliberation also took place
regarding earthquake faults and setback and height concerns.
Senior Planner Hess informed Council that there are various solutions and staff is not advocating
any one, but recommends denial of this particular proposal as presented.
A motion was made by Dettloff, second Green to deny Tentative Tract Map No. 15689 and
Conditional Use Permit No. 99-53 with findings for denial (ATTACHMENT No. 1*). The motion .
carried by the following roll call vote:
AYES: Sullivan, Green, Dettloff
NOES: Bauer
ABSENT: Garofalo
ABSTAIN: Julien, Harman
(12) August 21, 2000 - Council/Agency Minutes - Page 12
Attachment No. 1*
Suggested Findings For Denial
Tentative Tract Map No. 15689/
Conditional Use Permit No. 99-53
Findings for Denial - Tentative Tract Map No. 15689:
Tentative Tract Map No. 15689 for the subdivision of 4.82 acres for the development of 17
single-family residences is not consistent with the goals and policies of the General Plan. The
proposed lot configuration requires substantial grading, including approximately 34,400 cubic
yards of cut and 28,500 cubic yards of fill, which is not conducive to the maintenance of natural
landforms. The lots adjacent to Yorktown Avenue will be raised approximately 23 feet in order
to accommodate development of the residential units. The modification to the existing variation
in grade is not consistent with the goals and policies of the General Plan that encourage
development within existing neighborhoods to be compatible with existing structures, including
grade elevations, and orientation of adjacent developments. The tract as designed would also
create significant, unavoidable impacts to the 134 existing mature trees on site and does not
comply with the General Plan policy that requires protection of "significant' trees and groves.
2. The site is not physically suitable for the type and density of development without removing
substantial vegetation or substantially altering the natural topography of the site. The
substantial amount of cut and fill proposed for the site will substantially impact the aesthetic
appearance of the area. The property can be developed with less impact to the existing
topography.
3. The granting of Tentative Tract Map No. 15689 is not consistent with the following goals and
policies of the General Plan:
Goal ERC 4: Maintain the visual quality of the City 's natural landforms and water bodies.
The project proposes significant levels of cut and fill to create level pads for residential
development. The existing elevations range from approximately 55 to 91 feet, and the project
proposes to create pads that range from 72 to 75.5 feet. The project has not been designed in
manner that incorporates the natural topographic characteristics of this site.
Objective ERC 4.1: Enhance and preserve the aesthetic resources of the City, including natural areas;
beaches, bluffs, and significant public views.
The project is located adjacent to the Civic Center, Seacliff Office Park, and the Pacific Ranch
residential community. The existing grove of trees and existing topography of the site are
highly visible by each of the adjacent uses. While the project proposes a tree relocation plan
for the 134 mature trees on site, the tree removal and relocation will create a significant change
to public views of the site. The proposal for significant grading to the site is not sensitive to the
existing topography.
Policy ERC 4.1.6. Require that future development be designed and sited to maintain the natural
topographic characteristics of the City including the minimization of the area and height of cuts and fills.
(13) August 21, 2000 - CouncillAgency Minutes - Page 13
The project proposes significant levels of cut and fill to create level pads for residential
development. The existing elevations range from approximately 55 to 91 feet, and the project
proposes to create pads that range from 72 to 75.5 feet. The project has not been designed in
manner that incorporates the natural topographic characteristics of this site.
Findings for Denial - Conditional Use Permit No. 99-53:
1. Conditional Use Permit No. 99-53, for the construction of a 17-unit single family project 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 project is not compatible
with the surrounding office and medium density residential uses because it does not propose a
housing product type that provides a natural transition between the existing uses. The
proposed density is 3.5 and the surrounding density is 12.9. Also does not conform to
Section 230.70 in that structures do not terrace with the grade.
2. The granting of the conditional use permit will adversely affect the implementation of the
General Plan goals and policies. It is consistent with the Land Use Element designation of
RM-15 on the subject property, however it is not consistent with the following goals and
policies of the General Plan:
Policy L U 9.3.2. Require the design of new residential subdivisions consider the following:
c. Cluster residential units and if possible, integrate small clusters of multi -family housing within single
family areas to preserve open space.
The project proposes construction of 17 single-family units on lot sizes that range from 6,349
square feet to 9,569 square feet in size. The applicant has been encouraged by City Staff and
the Subdivision Committee to consider an alternative housing product (such as cluster housing)
or reduced lot sizes in an effort to preserve the existing tree grove and topography of the site.
The applicant believes that the City's request is not feasible due to issues relating to site
access, grades, and required slopes, and that their proposal is the most appropriate design of
the site.
Policy ERC 2.1.22. Define the terms significant" free or grove and develop specific measures to protect
trees/roves that meet said definition.
The project, as proposed, would create significant unavoidable impacts to the 134 existing
mature trees located on site. Mitigation Measure 3.1-6 encourages the applicant to consider,
prior to approval of the project, realignment of the central road within the proposed
development in order to spare many of the trees in the major grove,
Policy HCR 1.2.1: Utilize the Secretary of the Interior Standards for Historic Rehabilitation and standards
for guidelines as prescribed by the State Office of Historic Preservation as the architectural and
landscaped design standards for rehabilitation, alteration, or additions to sites containing historic
resources in order to preserve these structures in a manner consistent with the site's architectural and
historic integrity.
The Secretary of the Interior's Standards recommend retaining the historic relationship
between the historical buildings and the landscape. The Standards discourage removal or
relocation of buildings or landscape features, which would destroy the historic relationship
between the buildings and the landscape. The project proposes to remove or relocate the
majority of the vegetation in the existing grove. Alterations to the historical buildings and
landscaping of the site create significant unavoidable impacts.
(14) August 21, 2000 - Council/Agency Minutes - Page 14
3. The establishment, maintenance, and operation of the PUD for 17 detached single-family units
with reduced lot widths will be detrimental to the general welfare of persons working or residing
in the vicinity. The request will be detrimental to the neighborhood because this type of
development is not compatible with the medium density residential and office commercial
nature of the properties to the west and north.
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Design -Build Proposals for Springdale Reservoir (AKA Peck Reservoir) Expansion
Construction Project; CC-1102 (Proposed Site - n10 Bolsa Avenue, w/o Springdale Street) —
DesignlBuild Sample Agreement.
(City Council) Memorandum of Understanding (MOU) with the California Urban Water
Conservation Council for 14 Best Management Practices (BMPs).
(City Council) Selection of Center for Demographic Research for Consultant Services to Conduct a
Mobile Home Market Study — Approve Appropriation of Funds —City Attorney to Prepare a
Professional Services Contract.
(City Council) Resolution No. 2000-83 Reimbursing PLC Land Company of Traffic Impact Fees to
PLC Land Company for Improvements to Edwards Street between Ellis Avenue and Inlet Drive
(Holly Seacliff Development Agreement).
Consent Calendar — Items Approved
On motion by Bauer, second Dettloff, Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the City
Council/Redevelopment Agency regular meetings of July 17, 2000 as written and on file in the
Office of the City Clerk. Submitted by the City Clerk.
(City Council) Adopted Resolution No. 2000-81 to Approve Amendment to Classification
Plan to Add Senior Code Enforcement Officer - Facilities Coordinator and Theater & Media
Technician and to Delete Traffic Signal Leadworker — Approved Amendment to the Library
Services Department Table of Organization (700.10) —1. Approved Resolution No. 2000-81 —
"A Resolution of the City Council of the City of Huntington Beach to Amend the Classification Plan
by Adding, Deleting, and Modifying Classifications in the City Classification Plan,"and 2. Approved
an amendment to the Library Services Department's Table of Organization by adding a Facilities
Coordinator and Theater & Media Technician. Submitted by the Administrative Services Director.
Funding Source: Code Enforcement Officer, Senior — FY 2000101 General Funds, Planning
Department. Anticipated FY 2000/01 budget amendment to be submitted for Council approval for
a Facilities Coordinator and Theater & Media Technician.
(15) August 21, 2000 - Council/Agency Minutes - Page 15
(City Council) Approved the Release of Securities for Tract No. 15034 and Accepted the
Public Improvements — Lennar Homes of California, Inc. — slo Summit Drive, elo Seapoint
Avenue (420.60) —1. Accepted the improvements constructed and dedicated for public use with
Tract No. 15034; and 2. Released the Faithful Performance/Labor and Material No. 11133297967
and Monument Bond No. 11133297975 pursuant to California Government Code Section
No. 66499.7(b; and 3. Accepted the Guarantee and Warranty Bond No. 11133297967; the security
furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond
with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Lennar Homes of
California, Inc., of this action, and the City Treasurer to notify the surety, (American Insurance
Company) of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of
Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of
Public Works. Funding Source: Not applicable.
(City Council) Approved the Release of Securities for Tract No. 15035 and Accepted the
Public Improvements — Lennar Homes of California, Inc. — slo Summit Drive, elo Seapoint
Avenue (420.60) —1. Accepted the improvements constructed and dedicated for public use with
Tract No. 15035; and 2. Released the Faithful Performance/Labor and Material No. 11133297983
and Monument Bond No. 11133297991 pursuant to California Government Code Section
No. 66499.7(b); and 3. Accepted the Guarantee and Warranty Bond No. 11133297983; the security
furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond
with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Lennar Homes of
California, Inc., of this action, and the City Treasurer to notify the surety, (American Insurance
Company) of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of
Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of
Public Works. Funding Source: Not applicable.
(City Council) Approved the Release of Securities for Tract No. 15036 and Accepted the
Public Improvements — Lennar Homes of California, Inc. — slo Summit Drive, elo Seapoint
Avenue (420.60) —1. Accepted the improvements constructed and dedicated for public use with
Tract No. 15036; and 2. Released the Faithful Performance/Labor and Material No. 11133297983
and Monument Bond No. 11133298015 pursuant to California Government Code Section
No. 66499.7(b); and 3. Accepted the Guarantee and Warranty Bond No. 11133298007; the security
furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond
with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Lennar Homes of
California, Inc., of this action, and the City Treasurer to notify the surety, (American Insurance
Company) of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of
Public Improvements (attached) with the Orange County Recorder. Submitted by the Director of
Public Works. Funding Source: Not applicable.
(City Council) Approved the Release of Securities for Tract No. 15499 and Accepted the
Public Improvements — Garfield Square, LLC — No Summit Drive, e/o Delaware Street (420.60)
1. Accepted the improvements constructed and dedicated for public use with Tract No. 15499; and
2. Released the Faithful Performance/Labor and Material No. 78932 and Monument Bond No.
78933 pursuant to California Government Code Section No. 66499.7(b; and 3. Accepted the
Guarantee and Warranty Bond No. 88482; the security furnished for guarantee and warranty of
improvements, and instruct the City Clerk to file the bond with the City Treasurer; and 4. Instructed
the City Clerk to notify the subdivider, Garfield Square, LLC, of this action; and the City Treasurer to
notify the surety, (American Contractors Indemnity Company) of this action; and 5. Instructed the
City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange
County Recorder. Submitted by the Director of Public Works. Funding Source: Not applicable.
(16) August 21, 2000 - Council/Agency Minutes - Page 16
(City Council) Approved the Release of Securities for Tract No. 15520 and Accept the Public
Improvements — Promenade at Seagate Walk, L.L.0 — slw corner of Main Street and Promenade
Parkway (420.60) — 1. Accepted the improvements constructed and dedicated for public use with
Tract No. 15520; and 2. Released the Faithful Performance/ Labor and Material No. 443834S and
Monument Bond No. 443835E pursuant to California Government Code Section No. 66499.7(b; and
3. Accepted the Guarantee and Warranty Bond No. 443834S; the security furnished for guarantee
and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer;
and 4. Instructed the City Clerk to notify the developer, The Promenade at Seagate Walk, LLC., of
this action, and the City Treasurer to notify the surety, (Developers Insurance Company) of this
action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public
Improvements (attached) with the Orange County Recorder. Submitted by the Director of Public
Works. Funding Source: Not applicable.
(City Council) Approved Cooperative Agreement Between the City and Orange County
Transportation Authority (OCTA) to Implement an Advanced Traveler Information System
(TravelTip) (600.25) — Approved and authorized the Mayor and City Clerk to execute Cooperative
Agreement C-0-0167 between Orange County Transportation Authority and City of Huntington
Beach, to implement an advanced Traveler Information System (TravelTip) in the City of
Huntington Beach. Submitted by Public Works Director. Funding Source: Funded by OCTA.
(City Council) Approved Agreement between the City and the Federal Government,
Department of the Army for the H. B. Blufftop Park Feasibility Study Re: Storm Drain
Damage Reduction in Huntington Cliffs (600.15) — Approved and authorized the Mayor and City
Clerk to execute the Agreement between the Department of the Army and the City of Huntington
Beach for the Huntington Beach Blufffop Park Feasibility Study entitled The Huntington Beach
Blufftop Park Storm Damage Reduction Study is attached. Submitted by the Public Works
Director. Funding Source: No city funding source necessary in FY00101 ($172,500 for FY 01102;
$210,500 for FY 02/03).
(City Council) Approved Plans and Specifications and Authorized Advertisement of Bids for
the Beach Boulevard Median Landscape Improvements (Adams Avenue to Stark Avenue);
CC-1143 — Approved Sample Contract (600.80) —1. Approved plans and specifications, and
authorized the Director of Public Works to request bids for the Beach Boulevard Median
Landscape Improvements, CC-1143, contingent upon FHWA (Federal Highway Administration)
authorization of the project; and 2. Approved the attached sample contract subject to award of
contract to the lowest responsible/responsive bidder. Submitted by the Public Works Director.
Funding Source: Advertisement fees: None required. Construction funds: Federal
Transportation Enhancement Activities (TEA) Grant approved for FY 00/01 - $430,000. Matching
funds: Measure M, Beach Boulevard Landscape Medians Project for FY 00/01 - $430,000.
(City Council) Approved Amendment No 2 to the Professional Services Contract Between
the City and ASL Consulting Engineers for the Water Master Plan/Financing Plan Update
Agreement to Include Additional Services for Hydraulic Modeling — Approved Expenditure
of Funds and Approved Potential Change Order Expenditures (600.10) -1. Approved and
authorized the Mayor and City Clerk to execute Amendment No. 2 to Agreement between the City
of Huntington Beach and ASL Consulting Engineers for Updating Water System Master
Plan/Financing Plan; and 2. Authorized the Director of Public Works to expend up to $37,000 to
cover the contract amendment cost of $33,813 and potential change order expenditures of $3, 187.
Submitted by the Public Works Director. Funding Source: Water Master Plan Fund, Contract
Services Account in the amount of $37,000.
(17) August 21, 2000 - Council/Agency Minutes - Page 17
(City Council) Adopted Resolution No. 2000-82 for the Issuance, Sale, and Delivery of
$4,895,000 Huntington Beach Multifamily Housing Revenue Refunding Bonds, 2000 Series A
Village Partnership Project - (Huntington Village Apartments Located at 16171 Springdale
Avenue) (330.30) — Adopted Resolution No. 2000-82 — "A Resolution of the City Council of the
City of Huntington Beach Authorizing the issuance, Sale and Delivery of $4, 895, 000 Aggregate
Principal Amount Multifamily Housing Revenue Refunding Bonds (Huntington Village Apartments)
2000 Series A." Submitted by the Economic Development Director. Funding Source: Not
applicable.
(City Council) Approved Amendments to Two Professional Services Contracts (1) URS
Greiner Woodward Clyde and (2) Komex H2O Science, Inc. - for Engineering Services and
Studies Related to Urban Run-off/Coastal Remedlation Action Plan (600.10) — 1. Approved
and authorized the Mayor and City Clerk to execute Amendment No. I to Professional Services
Contract between the City of Huntington Beach and URS Greiner Woodward Clyde International -
Americas, inc. for Engineering Services in Support of identifying and Eliminating Bacteria in Urban
Runoff Discharges to Huntington Beach,"in the amount of $528,000 and 2. Authorized the Mayor
and City Clerk to execute Amendment No. 9 to Professional Services Contract between the City of
Huntington Beach and Komex H2O Science, inc. for Geologic, Hydrogeologic and Geophysical
Consulting Services in Connection with the City's Urban Run-off/Coastal Remediation Action Plan
in the amount of $364,000. Submitted by the Public Works Director. Funding Source: General
Fund, Urban Run-off Program, Contract Services - totaling $892,000.
(City Council) Approved Amendment No. 2 to Professional Services Contract between the
City and PSOMAS & Associates, Inc. for Interim Water Operations Manager Dennis MacLain,
P. E. (600.10) - Approved and authorized the Mayor and City Clerk to execute Amendment No. 2
to Agreement between the City of Huntington Beach and PSOMAS & Associates, inc. to Provide
Interim Water Operations Manager Services. Submitted by the Public Works Director. Funding
Source: $126,000 Water Operating Fund Water Administration Contract Services Account.
(City Council) Approved a Professional Services Contract Between the City and PCR
(Planning Consultants Research) Services Corporation for a Master Environmental Impact
Report (EIR) for Lowe's HIW (Home Improvement Warehouse), Inc. Project (Rancho View
School Site) — Approved Expenditure of Funds (600.10) —1. Approved Professional Services
Contract between the City of Huntington Beach and PCR Services Corporation for the Preparation
of a Master Environmental impact Report for the Lowe's Home improvement Warehouse Project, -
and 2. Authorized expenditures in the amount of $153,978.00; and 3. Authorized the Mayor and
City Clerk to sign. Submitted by the Planning Director. Funding Source: The funding source for
this contract will be a Reimbursement Agreement (see the following Consent Calendar agenda
Item) between the City and Lowe's HIW, Inc. for $153,978.00 to be appropriated into the Planning
Department's Contractual Services Account. There will be no fiscal impact.
(City Council) Approved Reimbursement Agreement Between the City and Lowe's HIW
(Home Improvement Warehouse), Inc. for Professional Planning Services with PCR
(Planning Consultants Research) Services Corporation to Prepare a Master Environmental
Impact Report (EIR) for the Rancho View School Site — Approved Appropriation of Funds
(600.10) —1. Approved Reimbursement Agreement between the City of Huntington Beach and
Lowe's H.i.W., inc. for Professional Planning Services as prepared by the City Attorney, for a term
of 36 months beginning with the adoption of this agreement by the City Council, subject to mutual
agreement by the city and Lowe's HIW, Inc., and authorize the Mayor and City Clerk to sign; and
2. Appropriated funds in the amount of $153,978 in connection with the Reimbursement
Agreement between the city and Lowe's HIW, Inc. Submitted by the Planning Director. Funding
Source: The proposed Reimbursement Agreement allows the developer to help defray the costs
(18) August 21, 2000 - Council/Agency Minutes - Page 18
of professional planning services associated with the preparation of a Master EIR (with PCR
Services Corporation — see preceding Consent Calendar agenda item). Lowe's has agreed to
make an initial deposit for $153,978 into the city's General Fund, to be appropriated to the
Planning Department's Contractual Services Account.
(City Council) Requested Design -Build Proposals for Springdale Reservoir (AKA Peck
Reservoir) Expansion Construction Project; CC-1102 (Proposed Site - No Bolsa Avenue,
W/o Springdale Street) — Approved Design/Build Sample Agreement (600.80)
The City Council considered a communication from the Public Works Director requesting Design -
Build proposals for the Springdale Reservoir (AKA Peck Reservoir Expansion) Project. Part of the
overall Water System Master Plan to provide emergency storage and additional operating storage,
this project will eliminate the need for a new booster pumping station by utilizing the existing Peck
Booster Pumping Station, thus reducing capital cost. Design -Build proposals were requested from
the following three pre -qualified and short listed teams (in no particular order), which were ranked
the highest and are recommended for final selection:
1. Kiewit Pacific Company teamed with URS Corporation.
2. Pascal Ludwig Constructors teamed with ASL Consulting Engineers, and Leighton and
Associates.
3. Schuler Engineering teamed with RBF Consulting, DYK Incorporated, and Hushmand
Associates, Incorporated.
A motion was made by Bauer, second Dettloff to 1. Authorize the Director of Public Works to
request Design -Build Proposals from the three highest ranked, pre -qualified and short-listed teams
to provide the complete design and construction of the Springdale Reservoir (AKA Peck Reservoir
Expansion) Project, CC-1102; and 2. Approve the Sample Design/Build Agreement. Submitted by
the Public Works Director. The motion carried by the following roil call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(City Council) Approved Memorandum of Understanding (MOU) with the California Urban
Water Conservation Council for 14 Best Management Practices (BMPs) (600.10)
The City Council considered a communication from the Public Works Director requesting that the
cityjoin other Orange County agencies in signing the Memorandum of Understanding (MOU). In
1991, the California Urban Water Conservation Council (CUWCC) was formed through an MOU by
its participating agencies. Signatories to the MOU agree to implement a set of fourteen cost -effect
Best Management Practices (BMPs).
This agenda item was removed from the Consent Calendar for separate discussion upon
Councilmember Bauer's request from staff to provide background information on future drought
measures with regard to the State Department's water supply provisions.
A motion was made by Bauer, second Dettloff to approve and authorize the Mayor and City Clerk
to execute the Memorandum of Understanding with the California Urban Water Conservation
Council. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(19) August 21, 2000 - Council/Agency Minutes - Page 19
(City Council) Approved Selection of Center for Demographic Research for Consultant
Services to Conduct a Mobile Home Market Study — Approved Appropriation of Funds --
Directed City Attorney to Prepare a Professional Services Contract (600.10)
The City Council considered a communication from the Economic Development Director relative to
Council's direction to staff to hire a consultant to conduct a market study of mobile home parks in
Huntington Beach. The purpose of the consultant's study would be to'inform the Council of
whether or not a rent stabilization ordinance is needed.
Councilmember Julien requested removal of this item from the Consent Calendar for separate
discussion. She directed an inquiry to Economic Development Director Biggs relative to why a
comparison between the city and other Orange County coastal communities is not included in the
study. Economic Development Director Biggs responded that the work item is going to require
modification and potentially, additional appropriation.
Councilmember Green initiated deliberation to consider a motion to support a survey of other
mobile home parks in other cities to compare their rent charges with those of Huntington Beach.
Councilmember Sullivan requested a methodology based on Councilmember Julien's request and
urged Council to approve the item before them as amended:
A motion was made by Julien, second Green to 1. Approve staffs recommendation to select the
Center for Demographic Research, California State University, Fullerton as the consultant to
conduct the city's mobile home market study; and 2. Appropriate $27,500 from the city's General
fund to pay for the study; and 3. Direct the City Attorney to prepare a contract between the city
and the Center for Demographic Research in an amount not to exceed $27,500, and authorize the
City Attorney to make non -substantial changes if necessary and authorize the Mayor and City
Clerk to execute the contract when notified by the City Attorney; and 4 As amended, proceed as
recommended but return with a separate amendment to request the consultant to include other
cities in Orange County. Submitted by the Economic Development Director. The motion carried by
the following roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(City Council) Adopted Resolution No. 2000-83 Reimbursing PLC Land Company of Traffic
Impact Fees to PLC Land Company for Improvements to Edwards Street Between Ellis
Avenue and Inlet Drive (Holly Seacliff Development Agreement No. 90-1) — Approved
Expenditure of Funds (600.10)
The City Council considered a communication from the Public Works Director transmitting a
request that the city reimburse the PLC Land Company for the actual costs of constructing street
improvements to Edwards Street, between Ellis Avenue and Inlet Drive as required by agreements
between the parties.
Councilmember Bauer asked that the item be removed from the Consent Calendar in order for staff
to present a status on the reimbursement history.
(20) August 21, 2000 - Council/Agency Minutes - Page 20
Following a brief report by staff, a motion was made by Bauer, second Harman to 1. Authorize the
Director of Administrative Services to appropriate $588,441.25 from the Traffic Impact Fee Fund
and reimburse PLC Land Company for actual costs of construction for street improvements to
Edwards Street; and 2. Adopt Resolution No. 2000-83 — `A Resolution of the City Council of the
City of Huntington Beach Reimbursing PLC Land Company the sum of $588,441.25 from the
Traffic Impact Fee Fund for Street Improvements Constructed by PLC Land Company on Edwards
Street, between Ellis Avenue and Inlet Drive." Submitted by the Administrative Services Director.
Funding Source: $588,441.25 from unappropriated Traffic Impact Fee Fund. The motion carried
by the following roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(City Council) Approved Introduction of Ordinance No. 3475 - Amending Huntington Beach
Municipal Code §9.68.050 Pertaining to the Minor's (Juvenile) Curfew (640.10)
The City Council considered a communication from the City Attorney's Office transmitting a
proposed ordinance amendment which would provide for the City to allow exceptions to its juvenile
curfew ordinance to comport with a recent federal case concerning the constitutionality of a San
Diego juvenile curfew ordinance.
City Attorney Gail Hutton cited the lawsuit of Nunez vs. the City of San Diego regarding the
potential violation of the constitutional rights of both minors and parents. City Attorney Hutton
stated that the city ordinance must closely align freedom. of movement with free speech.
Police Chief Ronald Lowenberg informed Council that he has worked closely with the City
Attorney's Office during the drafting of the ordinance because juvenile curfew is a continuing
problem and the city wants an enforceable and beneficial law in place.
A motion was made by Sullivan, second Julien to approve introduction of Ordinance No. 3475 by
roll call vote after City Clerk reads by title: Ordinance No. 3475 — "An Ordinance of the City of
Huntington Beach Amending Chapter 9.68 of the Huntington Beach Municipal Code Pertaining to
Curfew" covering exceptions to the juvenile curfew ordinance and making minor language
changes. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(City Council) No Action Required on Councilmember Ralph Bauer's Request to Direct the
City Attorney to Evaluate Possibility of the City Joining Sonoma County in Educational
Revenue Augmentation Fund (ERAF) Lawsuit vs. the California Department of Finance
(630.50)
The City Council considered a communication received from Councilmember Ralph Bauer
submitting the following Statement of Issue: As the attached analysis shows, approximately 190
cities have joined a friend of the court brief in the matter of Sonoma County's ERAF (Educational
Revenue Augmentation Fund) lawsuit. It has been indicated that only those involved in the lawsuit
would benefit financially in any settlement. Councilmember Bauer has recommended in his
communication to request that the City Attorney's Office evaluate the possibility of the city joining
(21) August 21, 2000 - Council/Agency Minutes - Page 21
Sonoma County in the Educational Revenue Augmentation Fund (ERAF) lawsuit against the
California Department of Finance.
City Attorney Hutton and Councilmember Bauer reported. No action was taken as the
recommended action had been previously implemented.
(City Council) Approved Mayor Pro Tern Harman to Issue Letter to Board of Directors of the
H. B. Conference and Visitor's Bureau with Strong Recommendation to Terminate Its
Financial Support of Publishing Contract with Coatings Resource, Inc. to Produce the H. B.
Conference and Visitor's Bureau Guide — Directed Staff to Research and Report on the
History and Financial Standing of the H. B. Conference and Visitor's Bureau (600.10)
The City Council considered a communication received from Councilmembers Ralph Bauer and
Dave Sullivan submitting the following Statement of Issue: In an opinion dated August 1, 2000,
the City Attorney indicated that the publishing contract between the Conference and Visitor's
Bureau and David P. Garofalo might be invalid. Since the city of Huntington Beach provides major
financial support to the Conference and Visitor's Bureau, the city may be parry to an invalid
contract.
Discussion and consultation with the City Attorney ensued during which time Council deliberated
on staff direction to be taken with regards to considering continued financial support of the
Conference and Visitor's Bureau.
In addition, the City Council considered the following communications included in the agenda
packet:
Communication from the City Attorney's Office of a legal opinion dated August 1, 2000 titled
Funding Contract between City of Huntington Beach and Visitor's Bureau; Visitor's Guide Contract
between Bureau and David Garofalo & Associates, Inc.
Communication titled Agreement to Purchase the Local News, et al. and Amendment to
Agreement to Purchase the Local News, et al.
A motion was made by Sullivan, second Bauer to 1. Strongly recommend to the Huntington
Beach Conference and Visitor's Bureau's Board of Directors to terminate its contract with Coatings
Resource, Inc. to produce the Visitor's Guide and that Mayor Pro Tem Harman is to issue said
letter to the Board of Directors; and 2. Direct the City Administrator to research and report back on
the cost of producing and printing the Huntington Beach Conference and Visitors Guide. This
request is to include any and all audit reports, joint checking accounts, bank statements and a
paper trail of revenues; 3. Research whether Mayors have been designated to serve on the
Huntington Beach Conference &Visitors Bureau. Also request whether Huntington Beach
Conference and Visitors Bureau must conform to FPPC (Fair Political Practice Commission)
requirements such as filing Form 700 — Conflict of Interest Statements; and 4. Councilmembers .
are requested to hold a study session to investigate the history of the past relationship between the
city and the Huntington Beach Conference and Visitor's Bureau and to consider the present and
future relationship with the Bureau as it is an important part of the city. The motion carried by the
following roll call vote:
AYES: .Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
(22) August 21, 2000 - Council/Agency Minutes - Page 22
Adjournment — City Council/Redevelopment Agency
Mayor Pro Tem Harman adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Monday, August 28, 2000, at 4:00 p.m.,
in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
ATTEST:
City Clerk -Clerk
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
Mayor- airman