HomeMy WebLinkAbout2000-10-16Minutes
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, October 16, 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 Garofalo called the regular meetings of the City Council and the Redevelopment Agency
of the City of Huntington Beach to order at 5:10 p.m.
City CouncillRedevelopment Agency Meeting Roll Call
Present: Julien, Harman, Garofalo, Green, Dettloff (Sullivan, Harman arrived at 5:11 p.m.;
Bauer arrived 5:13 p.m.)
Absent: None
(City Council) Study Session — Presentation of Staff Review of Proposed Downtown
Specific Plan Incorporating Recommendations by Kaku Associates in Re: to Public
Hearing for Consideration of Zoning Text Amendment No. 99-311-ocal Coastal Program
Amendment No. 00-2 Amending Section 4.2.14 of the Downtown Specific Plan Updating
the Downtown Parking Master Plan (420.40)
Police Chief Ronald Lowenberg, serving as Acting City Administrator, announced Associate
Planner Wayne Carvalho and Mr. Dick Kaku of Kaku Associates who jointly presented a
PowerPoint slide report. The report is a Late Communication distributed to Council at the study
session. It is a staff review of the proposed revisions to the Downtown Specific Plan that
incorporates the recommendations made by Kaku Associates into the Downtown Parking
Master Plan,
Mr. Kaku, Kaku Associates, presented an analysis anticipating future parking demands, stating
that the 130-space deficit is not significant and occurs only once a year; the peak time being
one hour in July. He informed Council that there is a surplus of parking spaces available during
the other 11 months.
Councilmember Green requested a copy of the written report from Mr. Kaku.
A public hearing is scheduled on this item during the 7:00 p.m. portion of this meeting.
The City Clerk announced three Late Communications received which pertain to this agenda
item:
(2) October 16, 2000 - Council/Agency Minutes - Page 2
Communications submitted by various Huntington Beach residents to the City Clerk's Office
transmitting their opposition to the proposed expansion of the Police Department parking lot
(CUP No. 00-39), (From: Roger Hosmer and Sandra Peterson.)
Communication dated October 16, 2000 from Ann Minnie transmitting her opposition to the
proposed expansion of the Police Department parking lot (CUP No. 00-39).
Communications submitted by various Huntington Beach residents to the City Clerk's Office
transmitting their opposition to the establishment of Banquet/Restaurant Facilities in Ocean
Room at Peter's Landing (CUP No. 99-77). (From: Audrey Adams Plotkin, James Anest,
Joe Patrick Evans, Charlene Pellin, Donna F. Hanglik, Rhoda and Manin Loeb, Michael Alford,
Catherine Rooney, Nora and Bill Zabel, John Gonzalez, Mr. and Mrs. Heythem Aboud, and
Karl and Antoinette Denoth.)
Planning Director Howard Zelefsky informed Council that the main change in the proposed
revision to the Downtown Parking Master Plan is a proposal to raise the development cap.
Senior Planner Herb Fauland identified the areas which are a potential for future
redevelopment, including Blocks 104 and 105, and Block H (the latter being the site of Mandic
Motors).
Councilmember Dettloff initiated a discussion of the dynamics of Block H, which Herb Fauland
stated lends itself to a "town -square" type of configuration.
Councilmember Green expressed his concern regarding parking on private property and why it
is presumed as being counted at build -out.
In response, Planning Director Zelefsky furnished a history of the change of ownership at the
former location of Nicole's Restaurant at Sixth and Main Streets, currently occupied by the
Shore House Cafe. He provided a rationale, stating that he determined many will benefit from
the plan based on the feedback he received at a recent meeting held September 27, 2000 with
members of the community who had voiced concerns similar to those of Councilmember Green.
Discussion ensued relative to the abstention by three Planning Commissioners from voting on
the issue due to potential conflicts of interest, requiring City Attorney Gail Hutton to provide a
written opinion to members of Council regarding their possible conflicts of interest.
Mayor Pro Tern Harman inquired why Nicole's, the previous restaurant did not have to provide
parking, to which Planning Director Zelefsky responded that the exemption had been
"grandfathered-in."
Discussion followed regarding full development of Blocks 104 and 105.
Mayor Garofalo informed Council that he is going to be announcing that the public hearing to
open and continue this agenda item will be taken out of order, and placed earlier in the meeting.
Council thanked staff for the reports.
(3) October 16, 2000 - Council/Agency Minutes - Page 3
(City Council) Emergency Vote Approved and Taken Per §54954.2(b)(3) to Request to Add
Two Items to the Closed Session Agenda: (1) Threatened Litigation from the Huntington
Beach Police Officers' Association (HBPOA) Re: FLSA Compliance and (2) HBPOA Labor
Negotiations (120.80)
The City Council announced a request for an emergency vote received from City Attorney
Gail Hutton and Administrative Services Director John Reekstin via a communication dated
October 16, 2000 to add the above -captioned items. The matter requires a finding by a two-
thirds vote (five out of seven Councilmembers) that there is a need to take immediate action and
the need for action came to the city's attention after posting of the agenda per §54954.2(b)(3).
A motion was made by Sullivan, second Harman to add two items to the Closed Session
agenda: (1) Threatened litigation from the H. B. Police Officers Association (HBPOA) regarding
FLSA Compliance and (2) HBPOA labor negotiations. The motion carried by the following roll
call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
Motion to Recess to Closed Session — Approved
A motion was made by Sullivan, second Harman to recess to Closed Session on the following
items. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(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, PMA, and HBFA. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is Estates at Seacliff Homeowners Association v.
City of Huntington Beach, Orange County Superior Court Case No. OOCC01466. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is Application of Southern California Water Company
for a Certificate of Public Convenience and Necessity to Provide Water and Waste Water
Service to the Balsa Chica Planned Community; California Public Utilities Commission,
Proceeding Nos. A9811003 and A9811015. (120,80)
(4) October 16, 2000 - Council/Agency Minutes - Page 4
Reconvene City Council/Redevelopment Agency Meeting — 7:25 p.m.
An announcement was made by Mayor Garofalo that Police Chief Ronald Lowenberg will serve
as Acting City Administrator during this meeting.
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on October 2, 2000 (Pursuant to Government Code §54957.1(a) (3) (B)) —
Approved City Attorney to Execute PLC Land Company Tolling Agreement (Parcel 7A —
Located w/o Edwards Street, s/o Ellis Avenue) (124.86) 6,p6. /o
City Attorney Hutton announced that Council voted on a Closed Session item: On Monday,
October 2, 2000 the City Council convened in Closed Session pursuant to California
Government Code §54956.9 to discuss litigation threatened by the PLC Land Company
(Parcel 7A) (correspondence dated August 30, 2000 from R. Michael Joyce to City of
Huntington Beach attached hereto — refer to ** below). City Council voted to authorize the City
Attorney to execute a tolling agreement with PLC. The motion carried by the following roll call
vote:
AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: Garofalo
Mayor Garofalo was absent at vote as he had declared a conflict of interest.
**Communication dated August 30, 2000 from R. Michael Joyce, of Allen Matkins, et al.,
Attorneys at Law, on file in the City Clerk's Office for public review.
City Council — Redevelopment Agency Roll Call
Present: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
Absent: None
Pledge of Allegiance — Led by Police Chief/Acting City Administrator Ronald Lowenberg.
Invocation — Father Christian Mondor, Sts. Simon & Jude Catholic Church, Huntington Beach.
City Clerk Announced 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 packet:
Copy of Tolling Agreement (PLC Company — Parcel 7A) submitted by the City Attorney's Office
to the City Clerk's Office on October 16, 2000.
Slide show presentation submitted by the Police Department to the City Clerk's Office on
October 16, 2000. Slide show presentation titled Megan's Law.
(5) October 16, 2000 - Council/Agency Minutes - Page 5
Slide show report from Public Works Department titled Public Works Capital Projects Program
— Status of Major Projects.
Slide show presentation dated October 16, 2000 from Shari Freldenrich, City Treasurer titled
Treasurer's Report for August 2000.
Communications submitted by various Huntington Beach residents to the City Clerk's Office
transmitting their opposition to the proposed expansion of the Police Department parking lot
(CUP No. 00-39). (From: Roger Hosmer and Sandra Peterson.)
Communication dated October 16, 2000 from Ann Minnie transmitting her opposition to the
proposed expansion of the Police Department parking lot (CUP No. 00-39).
Communications submitted by various Huntington Beach residents to the City Clerk's Office
transmitting their opposition to the establishment of Banquet/Restaurant Facilities in Ocean
Room at Peter's Landing (CUP No. 99-77). (From. Audrey Adams Plotkin, James Anest,
Joe Patrick Evans, Charlene Pellin, Donna F. Hanglik, Rhoda & Manin Loeb, Michael Alford,
Catherine Rooney, Nora & Bill Zabel, John Gonzalez, Mr. & Mrs. Heythem Aboud, and Karl &
Antoinette Denoth.)
Communication dated October 11, 2000 from Patrick and Lorraine Evans transmitting their and
their neighbors' opposition to the establishment of Banquet/Restaurant Facilities in Ocean
Room at Peter's Landing (CUP No. 99-77). (Attached is a petition including approximately 21
names.) Communication titled Appeal of the Planning Commission's Denial of Conditional Use
Permit No. 99-77 — Ocean Room at Peter's Landing.
Communication dated October 12, 2000 from Larry and Judith Smith transmitting their support
to the establishment of Banquei/Restaurant Facilities in Ocean Room at Peter's Landing (CUP
No. 99-77).
Communication dated October 15, 2000 from Elizabeth A. Binsack transmitting her support with
concerns to the establishment of Banquet/Restaurant Facilities in Ocean Room at Peter's
Landing (CUP No. 99-77). Communication titled Conditional Use Permit No. 99-77— Ocean
Room at Peter's Landing.
Communication dated October 16, 2000 from Patrick J. Evans transmitting his opinion as to why
the Ocean Room at Peter's Landing cannot be approved. Communication titled Proposed
"Ocean Room" Banquet, Wedding and Event Facility, 16360 Pacific Coast Highway, Huntington
Beach, CA; CUPApplication No. 99-77; LEGAL ISSUES AND DEFICIENCIES Public Hearing:
City Council, Monday, October 16, 2000, 7.00 p.m.
Communication dated October 13, 2000 from Geoffrey L. Johnson of GTN transmitting a
response to the letter submitted to the City Council by Patrick & Lorraine Evans dated
October 11, 2000. Communication titled Ocean Room CUP 99-77
Communication dated October 16, 2000 from Patrick Evans transmitting petitions and letters in
opposition to Ocean Room at Peter's Landing. Additionally, a letter directed to the City
Attorney's Office dated October 16, 2000, and a Parking Count & Analysis prepared by Marina
Operator. (Clerk's Note: Letters already in packet, so not reprinted.) (Petition includes
approximately 44 names.)
(6) October 16, 2000 - Council/Agency Minutes - Page 6
Communication dated October 16, 2000 from the City Clerk transmitting information regarding
inquiries made from the public as to whether proper procedure in the scheduling of the public
hearing had been followed. Communication titled D-3 -- Pubic Hearing Zoning Text Amendment
No. 99-3/Local Coastal Program Amendment No. 00-2, Downtown Specific Plan Updating the
Downtown Parking Master Plan.
Communication dated October 16, 2000 from Jeffrey M. Oderman of Rutan & Tucker, LLP
transmitting on behalf of Huntington Beach Citizens Against Redevelopment Excess and
Abdelmuti Development Company their opposition to the proposed amendments to the City's
General Plan/Local Coastal Program, the Downtown Specific Plan, and the Zoning Text
Amendment. Communication titled Proposed Amendments to the City's General Plan/Local
Coastal Program, Downtown Specific Plan, and Zoning Text Amendment Relating to the
Downtown Parking Master Plan Update. (Clerk's Note: Exhibits A - E are on Fite for Public
Review in the Office of the City Clerk.)
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
October 13, 2000. Slide show presentation titled Approve Modifications to Local Coastal
Program Amendment No. 98-2A (Carts and Kiosks Ordinance).
Slide report from the Department of Public Works titled Recommended Revisions to Posted
Speed Limits.
Mayor Garofalo announced that after the presentations are made, the public hearing on the
Downtown Specific Plan updating the Downtown Parking Master Plan is going to be moved
forward -ahead of Public Comments -in order to open and continue the item.
Presentation - By Mayor Dave Garofalo to Pat Steir, past President, and Maureen Rivers, past
Vice President, and members of the Fourth of July Board, of a plaque for the Best Parade in
the Best Of award categories in Orange County, published in the Orange County Register.
Presentation - By Mayor Dave Garofalo and Deputy Community Services Director, to
Sara Adler, volunteer for Senior Programs, and Ann Bruszer, volunteer for Adult Day Services
Center, of plaques in recognition of their selection in the "Ageless Heroes 1999 Awards
Program." They were selected from 450 nominees and are now entered in the national contest
to be held on December 5, 2000 in Chicago, Illinois.
Presentation - By Mayor Dave Garofalo and Ken Nelson, District Director of CalTrans,
District 12 to Robert F. Beardsley, Public Works Director; and Larry Taite, Engineering Assistant
of the Public Works Department, of an Excellence in Transportation Award in the category of
System Operations for the Integrated Infrastructure Management Program.
Mayor Garofalo recognized to Robert E. Eichblatt, retiring City Engineer, for 10 years of service
to the city and for his 35 - 40 years experience in the field of public works.
The Mayor's Award - By Mayor Garofalo to Tom Graham, Inspector Comb inationlStructural
Support Supervisor, Building Department in recognition of his exceptional customer service.
(7) October 16, 2000 - CouncillAgency Minutes - Page 7
(City Council) Public Hearing -- Opened and Continued Open to November 6, 2000 the
Consideration of Zoning Text Amendment No. 99-311-ocal Coastal Program Amendment
No. 00-2 to Amend Section 4.2.14 of the Downtown Specific Plan Updating the Downtown
Parking Master Plan (Generally Bounded by PCHISixth Street/Acacia Avenue/Second
Street) (450.20)
Councilmember Julien announced that she had been advised by City Attorney Hutton to abstain
from voting due to a conflict of interest since her employer, Pier Realty, is located at 200 Main
Street it is going to be directly affected by the Downtown Master Parking Program.
Upon Mayor Garofalo's inquiry, City Attorney Hutton stated her opinion recommending the
Mayor's abstention from voting on this public hearing.
Mayor Pro Tem Harman declared that this was the time scheduled for a public hearing to
consider the following:
Applicant: City of Huntington Beach.
Request: To amend Section 4.2.14 of the Downtown Specific Plan updating the Downtown
Parking Master Plan. The update consists of recommendations to consolidate the two
designated areas within the Master Plan, revisions to the parking ratios and requirements, and
increase of the overall development cap.
Location: Downtown Specific Plan — area generally bounded by Pacific Coast Highway, Sixth
Street, Acacia Avenue, and Second Street.
Environmental Status: Notice is hereby given that this item is covered under Statutory
Exemption, Section 15262 of the California Environmental Quality Act (CEQA).
Legal notice as provided to the City Clerk's Office by staff had been published, mailed and
posted.
Earlier in the meeting, the City Clerk had announced that the following two Late
Communications on this item had been provided to the City Council after distribution of the
agenda packet:
Communication dated October 16, 2000 from the City Clerk transmitting information regarding
inquiries made from the public as to whether proper procedure in the scheduling of the public
hearing had been followed. Communication titled D-3 — Pubic Hearing Zoning Text Amendment
No. 99-3/Local Coastal Program Amendment No. 00-2, Downtown Specific Plan Updating the
Downtown Parking Master Plan.
Communication dated October 16, 2000 from Jeffrey M. Oderman of Rutan & Tucker, LLP
transmitting on behalf of Huntington Beach Citizens Against Redevelopment Excess and
Abdelmuti Development Company their opposition to the proposed amendments to the City's
General Plan/Local Coastal Program, the Downtown Specific Plan, and the Zoning Text
Amendment. Communication titled Proposed Amendments to the City's General Plan/Local
Coastal Program, Downtown Specific Plan, and Zoning Text Amendment Relating to the
Downtown Parking Master Plan Update. (Clerk's Note: Exhibits A through E are on File for
Public Review in the Office of the City Clerk.)
(a) October 16, 2000 - Council/Agency Minutes - Page 8
A motion was made by Green, second Harman to open the public hearing and continue open to
November 6, 2000 the consideration of Zoning Text Amendment. No. 99-3 and Local Coastal
Program Amendment No. 00-2. (Downtown Parking Master Plan Update.) The motion carried
by the following roll call vote:
AYES: Sullivan, Harman, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: Julien, Garofalo
Public Comments
Shirley Carey, President, Pride Foundation extended an invitation to a Pride Foundation event
called Pounds of Pennies, a fundraiser to benefit children with anti -drug, substance abuse
prevention, and DARE (Drug Abuse Resistance Education) programs.
Don Stanton, Treasurer, Huntington Beach Playhouse spoke in opposition to the agenda item
on the Playhouse lease renewal, disagreeing with the conditions added to the lease, including
the duration and the mandated filing of an annual report. He informed Council that audited
financial statements are not required by State law and are costly. Mr. Stanton urged Council to
honor the two- to five-year lease with conditions as originally planned. He stated that the
Playhouse at the library facility was the winning ticket for approval of the library in the first place.
Dawn Conant, Business Manager of the Huntington Beach Playhouse expressed her belief that
after 36 years of a nomadic existence, the theater has finally found its home. She stated how
good a tenant the Playhouse has been during its five years of occupancy at its Central Library
location and its upgrading of the facility. She stated she anticipated working proactively with
staff towards a non-exclusive tenancy. Ms. Conant thanked the Library Board and requested
that staff renew the lease in its totality with all current terms.
Bettie Muellenberg, President, Huntington Beach Playhouse expressed her opposition to the
following provisions attached to the proposed lease renewal 1) the annual audit; 2) annual
business plan; and 3) length of the lease. Ms. Muellenberg asked to see that the same .
conditions are imposed on all non-profit organizations.
Pat Brill, Chair, Library Board reiterated her support of the motion relative to the Playhouse
lease renewal passed at the September 18, 2000 board meeting. Ms. Brill stated that the board
recognizes that the library is losing revenue, and urged approval of the lease option
recommended by the board.
Sue Bailey, spoke on behalf the SOS (Save Our Strays) in support of the agenda item on a
feasibility study for a pro -humane, no -kill animal shelter. Ms. Bailey provided her organization's
website address: www.saveourstrayshb.org.
Richard Watson spoke on behalf of the HBPOA (Huntington Beach Police Officers'
Association) and requested that police officers be granted a fair and equitable contract. He
referred to Councilmember Dave Sullivan's agenda item directing staff to recruit and hire
applicants from the Midwest, and stated his opposition to losing current police personnel.
Mr. Watson expressed the feeling of safety he gets from the police in the community, and
thanked Council for its role in working towards that goal.
(9) October 16, 2000 - Council/Agency Minutes - Page 9
Kreg Muller spoke in opposition to the agenda item on recruitment and hiring of police
personnel from the Midwest, and in support of salary equity for the Huntington Beach Police
Officers. He stated that the police do not want to be competitive with the firefighters.
Dennis Hashin, Police Officer, Treasurer of HBPOA (Huntington Beach Poiice Officers'
Association) and a POA Negotiating Team Member, spoke regarding the consulting work of
Johnson & Associates relative to salary. Mr. Hashin expressed his belief that the formula
applied was calculated using an erroneous cost -of -living index.
Russell Reinhart, President, HBPOA (Huntington Beach Police Officers Association) read from
a letter written by Councilmember Sullivan in a newspaper article regarding the police officers'
salary. Mr. Reinhart rebutted the assertion the offer mentioned in the article had ever been
presented to the association.
Cheryl Hoglund spoke in opposition to decisions made regarding the types of entertainment
businesses (such as nude juice bars) allowed in the city.
Robert Mayfield referred to his comments during the October 2, 2000 Council meeting
regarding the dog problem in his neighborhood. He requested that the city enact a strong "ban
against barking dogs" ordinance.
(City Council) City Attorney Directed to Conduct a Feasibility Study of a "Ban on Barking
Dogs" Ordinance (120.90)
Mayor Garofalo requested City Attorney Hutton to look into the issue brought forward by the last
speaker Mr. Mayfield.
David Oakley, Huntington Beach businessman commended the city for accomplishments on
the Downtown redevelopment projects. Mr. Oakley requested the clean up of the oil tank farm
located at Newland Street and Hamilton Avenue. He stated that a toxic, gassy odor emanates
from the oil tank and that it is also an eyesore. Mr. Oakley asked that Council make its removal
a priority.
(City Council) Report by Fire Chief Re: Newland Oil Tank Farm at Newland Street and
Hamilton Avenue (520.10)
Upon Mayor Garofalo's request, Fire Chief Michael P. Dolder presented an oral report on the
city's progress on the matter of the oil tank farm located at Newland Street and Hamilton
Avenue. Chief Dolder stated that the tank farm is not under city jurisdiction and CENCO needs
to be put on notice for a remediation plan, which he expects would include demolition of the site.
Chief Dolder informed Council that the State Department turned over authority to the Regional
Water Quality Control Board.
Councilmember Bauer spoke regarding the need to investigate the air quality issue, to which
City Attorney Hutton offered to furnish an update of a report given six months ago.
Mayor Garofalo invited the last Public Comments speaker, Mr. Oakley, to contact any
Councilmember for assistance with his concerns.
(10) October 16, 2000 - Council/Agency Minutes - Page 10
Alice M. Loftis spoke in opposition to the Newland oil tank farm. She inquired when the time
limit is up for its removal, and what other entity besides CFNCO may be involved. Ms. Loftis
described the associated detrimental effects of the tank farm on the environment. She also
asked when Lomond Drive improvements would be made. She stated that chain link fence is a
safety hazard, especially for children.
Michael Collier spoke in opposition to the tank farm at Newland Street and Hamilton Avenue,
stating that it is a blight on the environment.
Sandra Cale stated her reason for serving Mayor Garofalo with a Notice of Intent to recall.
Joey Racano cautioned that the Southern California mesas and wetlands are endangered. He
stated that the Native American burial ground is being threatened. Mr. Racano invited everyone
to attend a meeting on the topic of No Building on the Mesas to be held October 28, 2000 at the
Sandover site.
Councilmember Dettloff, as a Coastal Commissioner, responded to the last speaker,
Mr. Racano's comments. She stated that all the members of the Coastal Commission voted
unanimously, on the Hellman Ranch, ensuring that every condition is set forth as described
regarding the Indian burial ground. Councilmember Dettloff invited Mr. Racano to meet with her
to discuss that urban runoff is not a myth.
Rocky LaCross, District Manager for Burlington Coat Factory (BCF) spoke in opposition to the
lease buyout. He stated that the city should not interfere in the negotiations between the
landlord and the tenant, and spoke against BCF leaving the Huntington Center mall.
Mr. LaCross spoke in support of BCF employees, expressing his concern that the city does not
stand behind its businesses.
Ronald Schnorr presented a petition listing approximately 260 signatures to the City Clerk
relative to the decision of the Ocean View School District (OVSD) Board regarding the approval
of the construction of four gymnasiums/ auditoriums at four middle school sites. Mr. Schnorr
spoke against what he believes is the District's lack of attempt to inform citizens regarding the
project.
Councilmember Bauer responded to the last speaker, stating the city's limited authority in the
matter and suggesting that Mr. Schnorr contact the OVSD Board.
Councilmember Sullivan posed several questions regarding this matter to which he requested a
response at a later date.
Chuck Scheid requested Council to challenge Senate Bill 402 mandating compulsory
arbitration in firefighter/law enforcement disputes. Mr. Scheid asked Council to place the funds
in a public trust.
Councilmember Sullivan concurred with Mr. Scheid.
Councilmember Bauer responded that the cities are unanimous in pursuing the matter.
(11) October 16, 2000 - Council/Agency Minutes - Page 11
Don McGee spoke in opposition to ocean water pollution. He alluded to the change of rules
with the passage of Assembly Bill 411 relative to the Clean Water Act. Mr. McGee inquired
about the Nesi-Ascon dump site at Hamilton Avenue and Magnolia Street.
Councilmember Sullivan responded to the public speaker's comments regarding
Councilmember Sullivan's article in the Huntington Beach Independent that had incorrectly
paraphrased his statements.
Tony Dennis, employee of Burlington Coat Factory, spoke regarding the instability of his
present job at the store.
Julia Le, employee of Burlington Coat Factory, spoke regarding a petition to keep her job, and
the jeopardy faced by the store with having its lease threatened.
Ronnie Paco, Burlington Coat Factory Team Member, inquired what the Council does support,
if not the city's businesses, its homeowners or the police.
Ms. Lam, Burlington Coat Factory employee requested Council to give some thought to the
employees who are losing their jobs, and of the store's 30-year lease in jeopardy. Ms. Lam
stated what is being offered to BCF to move is not sufficient.
Lynn Gutierrez, employee of Burlington Coat Factory stated that the bottom line is financial
need. She stated that BCF is one of the businesses most financially helpful to the city.
Ms. Gutierrez suggested that the city conduct a survey that she anticipates would bear out this
fact.
Kevin L. Schmidt, Burlington Coat Factory Store Manager informed Council that he believes
the city has led people to believe that BCF is already out of business. He also spoke in
opposition to the assertion that the store can be moved to a smaller location across the street.
Mr. Schmidt requested that Council reconsider its action.
Jazz Markman informed Council that she is the oldest member of the Burlington Coat Factory
team. She inquired why senior citizens at BCF are being ousted from their jobs. Ms. Markman
stated that she enjoys working for the company and wishes to stay.
John Sonnenberg, Burlington Coat Factory employee, does not understand the lack of
communication, and expressed his concem as to why BCF is being shut out of negotiations for
an owner participation agreement when Ezralow Retail Company took over the property.
Mr. Sonnenberg suggested that a measure be placed on the ballot to vote on the issue.
Cole Helenihi, Burlington Coat Factory employee inquired whose interest is being served with
Council signing the agreement. She cautioned that what has been done to BCF can be done to
other businesses.
Victoria Fike, Burlington Coat Factory Head Customer Services Manager asked Council to
reconsider its action on the matter.
Norm Westwell, candidate for City Council requested that the agenda item on the water wells
be scheduled for a public hearing. He expressed his belief concern that the city continues to
construct wells while at the same time abandoning others already in existence. Mr. Westwell
(12) October 16, 2000 - Council/Agency Minutes - Page 12
inquired about Water Well No. 11 at Graham Street and Production Drive. He also requested
that the city's ban on fireworks ordinance be repealed.
Bob Bolen spoke in opposition to the agenda item on the revamp of the Downtown Parking
Master Plan. He requested clarification of the staff report and the analysis by Kaku and
Associates. Mr. Bolen expressed his belief that the Village Concept is being disregarded due -to
one issue — the CIM Group Development Company. He and requested to meet with Council to
learn more about the project.
Jim Lane, downtown property owner and Co -Chair of HB Cares (Huntington Beach Citizens
Against Redevelopment Excesses) expressed his opposition to CIM Development Company
project, for example, that it excludes consideration of the Standard Market. Mr. Lane requested
that an updated study be conducted.
Brad White spoke in support of Councilmember Dettloff and applauded her leadership. He
stated that he is speaking on behalf of the Bolsa Chica Alliance in opposition to the method of
development of the Bolsa Chica Linear Park; that he was not interested in seeing a playground
in its current environment as he believes it is a safety hazard for children.
Sosi Bardukejian spoke regarding her mother's job in Alterations at Burlington Coat Factory
(BCF), stating that it would be a better business decision to allow BCF to stay. Ms. Bardukejian
referred to the petition listing 18,000 signatures of persons in support of BCF to remaining at
Huntington Center Mall.
Cecil Folmar distributed a handout to Council regarding his concern on the school district's
construction proposal of gymnasium/auditoriums in four schools throughout the Ocean View
School District. Mr. Folmar spoke in opposition to Assembly Bill 426 relative to building mental
health clinics on school sites which he believes would bring in an undesirable element to the
neighborhood of the Ocean View School.
(City Council) Deferred to November 6, 2000 — Presentation by Councilmember Ralph
Bauer of a Slide Report Titled The Huntington Beach Work Program and its Financial
Foundation (160.10)
The City Council concurred to defer to November 6, 2000 a Slide presentation from
Councilmember Ralph Bauer transmitting a Statement of Issue regarding the process of how
city services are efficiently delivered to the citizenry of Huntington Beach. The report is titled
The Huntington Beach Work Program and its Financial Foundation — A Brief Overview of the
Immediate Past, Present, and Future of Huntington Beach.
As part of his presentation, Councilmember Bauer is extending his appreciation to Mayor Pro
Tern Harman and Councilmember Dave Sullivan whose terms on the City Council expire
December 2000.
(City Council) Staff Directed to Report on Water Well No. 11 at Graham Street and
Production Drive (1000.10)
Mayor Garofalo responded to Mr. Norm Westwell's concerns expressed during public comments
regarding Water Well No. 11 at Graham Street and Production Drive. Public Works Director
Robert Beardsley will be providing a report to Council at a future date.
(13) October 16, 2000 - Council/Agency Minutes - Page 13
(City Council) Approved Request by Councilmember Dave Sullivan for Staff to Execute
an Under $20,000 Professional Services Contract with a Consultant for Assistance in the
Recruitment of Police Officers throughout California and Other States (530.10)
The City Council considered a communication from Councilmember Dave Sullivan regarding the
following Statement of Issue: The services of a consultant should be retained for the purpose
of assisting in police officer recruitment throughout California and other states. This consultant
should identify the best practices in police officer recruitment, which includes marketing and
initial testing and recommend needed improvements. The cost of this consultant should not
exceed $20,000.
Police Chief Ronald Lowenberg suggested extending the area of recruitment to more than the
Midwest portion of the county.
Discussion ensued regarding funding. The inappropriateness of funding to come from the
reserve funds was noted.
Councilmember Julien informed Council that she is going to be voting against the recommended
action to approve. Councilmember Julien posed questions relative to what she perceives as the
two major impacts of out-of-state recruitment: 1) who would be paying the relocation costs; and
2) how the new recruits would be able to meet the comparatively higher cost of housing in
California on their city's salary.
Mayor Garofalo stated that he supports out-of-state recruitment, but that it would be more
conducive if the concept included a good labor contract.
A motion was made by Sullivan, second Bauer to direct staff to hire a consultant for a contract in
an amount not to exceed $20,000 for the purpose of assisting in police officer recruitment. The
motion carried by the following roll call vote:
AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: Julien
ABSENT: None
The City Council concurred to defer the following agenda items in the Council Committee/
Liaison and City Administrator's Reports sections of the Agenda to the November 6, 2000
meeting, and to bring the Public Hearings section forward:
(City Council) Deferred to November 6, 2000 - Presentation in Response to
Councilmember Dave Sullivan's Request from Police Chief Ronald E. Lowenberg on
October 2, 2000 for a Report on the Implementation of Megan's Law In H. B. and on the
Registration of Sex Offenders and High Risk Sex Offenders (530.10)
The City Council concurred to defer to the November 6, 2000 meeting a presentation by Captain
Jon Arnold of the Police Department submitted October 13, 2000 to the Office of the City Clerk
in response to Councilmember Dave Sullivan's request for a report on the implementation of
Megan's Law. The report will include statistics on the number of registered sex offenders and
high risk sex offenders residing in Huntington Beach. The communication is dated
October 6 ,2000 and titled Implementation of Megan's Law in Huntington Beach.
(14) October 16, 2000 - Council/Agency Minutes - Page 14
City Administrator's Report — Deferred to November 6, 2000 - Recognition of the
Successful Initial Phase Implementation of the Financial and Accounting Software by
City Employee Team Members in the JD Edwards Business Enterprise Application — City
of Huntington Beach (B.E.A.C.H.) Project (320.10)
The City Council concurred to defer to the November 6, 2000 meeting City Administrator Ray
Silver's brief report to recognize the B.E.A.C.H. team members for their successful
implementation of the initial phase of the city's financial and accounting software. The
PowerPoint slide titled JD Edwards B.E.A.C.H. Team !Members: Business Enterprise
Application — City of Huntington Beach was submitted to the City Clerk's Office on
October 11, 2000, which lists the following team members:
FINANCIALS
PROCUREMENT
BUDGET
Valaya Chitchakkoi
Rick Amadril
John Roulette
Team Lead
Team Lead
Team Lead
TEAM:
TEAM:
TEAM:
Carolyn Baker
Pete Grant
Marilyn Goldstein
Luann Brunson_
Dwan Mandel
.lean Lang
Linda Daily
Carolyn Pederson
Debbie Harper
Shawna Krone
Robert Sedlak
Carolyn Pederson
Bill McReynolds
Dean Stone
INFOSYSTEMS STAFF — Robert Allen, John
Woodruff
City Administrator's Report — Deferred to November 6, 2000 - Public Works Update on
Capital Projects Underway (320.40)
The City Council concurred to defer to the November 6, 2000 meeting the presentation of a
PowerPoint slide report titled Public Works Department Capital Improvements Program —
Capital Projects Update by Public Works Director Robert F. Beardsley.
(City Council) Deferred to November 6, 2000 - Review and Accept City Treasurers August
2000 Investment Summary Report (310.20)
The City Council concurred to defer to the November 6, 2000 meeting a communication from
the City Treasurer transmitting the Monthly Investment Report for August 2000.
(City Council) Public Hearing - Opened and Continued to November 6, 2000 to Consider
Appeal Filed by Mayor Pro Tern Tom Harman of the Planning Commission's Approval of
Conditional Use Permit No. 00-39 (Police Department Parking Lot Expansion to Add 90
Secured Parking Spaces at City Hall, 2000 Main Street, nle Corner of Main Street and
Utica Avenue) (420.40)
The City Council deliberated on the possibility that there may be abstentions; one from Police
Chief Ron Lowenberg who at this meeting is serving as Acting City Administrator, and three
from Councilmembers whose residences and/or offices are located within the proximity of the
proposed Police Department parking lot expansion site.
First, Police Chief Lowenberg informed Council that he will step down from hearing on this
matter as it involves his department, and requested Economic Development Director
David Biggs to take his place as the Acting City Administrator.
(15) October 16, 2000 - Council/Agency Minutes - Page 15
Second, Councilmember Julien announced that she had been advised by City Attorney Hutton
to abstain from voting because of a conflict of interest on two public hearings scheduled: 1) this
public hearing item on Conditional Use Permit No. 00-39 relative to the Police Department
Parking Lot Expansion, and 2) the Downtown Specific Plan updating the Downtown Parking
Master Plan (which had been brought forward and held earlier in the meeting).
Third, upon Mayor Garofalo's inquiry, City Attorney Hutton provided her legal opinion that his
abstention would also be recommended.
Fourth, further discussion was held leading to the request that City Attorney Hutton determine
the possibility of Mayor Tom Harman's disqualification in his capacity of the appellant who
initiated the appeal. The potential conflict of interest exists on the grounds that Mayor Pro Tern
Harman's law office is within 2,500 feet of the proposed parking lot expansion site.
The City Clerk announced Late Communications announced earlier that pertain to this public
hearing:
Communications submitted by various Huntington Beach residents to the City Clerk's Office
transmitting their opposition to the proposed expansion of the Police Department parking lot
(CUP No. 00-39). (From: Roger Hosmer and Sandra Peterson.)
Communication dated October 16, 2000 from Ann Minnie transmitting her opposition to the
proposed expansion of the Police Department parking lot (CUP No. 00-39).
Councilmember Sullivan presided, and declared that this was the time scheduled for a public
hearing to consider the following:
Appellant: Mayor Pro Tem Tom Harman.
Applicant: City of Huntington Beach.
Request: To appeal the Planning Commission's decision to approve the expansion of the
existing 108-space secured Police Department parking lot by adding 90 secured parking spaces
for a total of 198 parking spaces.
Location: 2000 Main Street (City Hall, We corner of Main Street and Utica Avenue).
Environmental Status: Notice is hereby given that this item is categorically exempt from the
provisions of the California Environmental Quality Act.
**Distributed in the agenda packet are twelve letters to the City Council in opposition to the project
**A PowerPoint slide presentation titled Appeal of Conditional Use Permit No. 00-39 was
submitted to the City Clerk's Office on October 12, 2000.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
The City Clerk announced that the speakers on this public hearing item are to be deferred to
November 6, 2000.
(16) October 16, 2000 - Council/Agency Minutes - Page 16
A motion was made by Bauer, second Sullivan to open the public hearing, and to continue the
public hearing open to November 6, 2000 to consider the Planning Commission and Staff
Recommended Action to approve Conditional Use Permit No. 00-39 with findings and conditions
of approval (ATTACHMENT NO. 1). The motion carried by the following roll call vote:
AYES: Sullivan, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: Julien, Harman, Garofalo
(City Council) Public Hearing - Approved Appeal Filed by Michael Cho on Behalf of GTN
Industries of the Planning Commission's Denial — Approved Conditional Use Permit
No. 99-77 to Establish Banquet/Restaurant Facilities (with Live Entertainment and
Alcohol) in Ocean Room at Peter's Landing at 16360 Pacific Coast Highway (elo PCH, slo
Anderson Street) (420.40)
Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the
following:
Appellant: GTN Industries, P.O. Box 100, Sunset Beach, CA 90742.
Applicant: Michael Cho for GTN Industries, 3991 Mac Arthur Blvd., Suite. #350,
Newport Beach, CA 92660.
Request: Appeal of the Planning Commission's decision to deny the establishment of a
banquet/restaurant facility with live entertainment and alcohol sales in an existing
two-story (12,746 sq. ft.) building at Peter's Landing commercial center.
Location: 16360 Pacific Coast Highway (e/o Pacific Coast Highway, s/o Anderson Street).
Environmental Status: Notice is hereby given that this item is categorically exempt from the
provisions of the California Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
"PowerPoint slide report titled Appeal of Conditional Use Permit No. 99-77— Ocean Room at
Peter's Landing was submitted to the City Clerk's Office on October 12, 2000.
**Communication dated October 11, 2000 from the Manager of Peter's Landing Marina
representing the owners, requesting that Council uphold the denial of CUP 99-77.
"Four letters received October 12, 2000 requesting approval of CUP 99-77.
Planning Director Howard Zelefsky presented a PowerPoint slide report dated October 12, 2000
and titled Appeal of Conditional Use Permit 99-77— Ocean Room at Peter's Landing.
(17) October 16, 2000 - Council/Agency Minutes - Page 17
Mayor Garofalo declared the public hearing open.
Don Wagner spoke regarding what he believes will be the impact on neighboring residences by
the proposed Ocean Room business establishment. He stated that the restaurant would face
directly into every room of his house. Mr. Wagner spoke regarding the noise factor with normal
activity, and the extent to which this project would exacerbate the problem. He asked Council to
consider the traffic complications of a left turn into the cul-de-sac where he lives. Mr. Wagner
stated that prospective buyers of his property are going to have to be given full disclosure. He
remarked that the proposed business and condo owners will share a common thoroughfare —
the boardwalk — from which additional noise is not going to be conducive to a family
environment.
Patrick Evans spoke in opposition to the proposed Ocean Room, describing it as an ill-
conceived project. He informed Council that he lives adjacent to the project. Mr. Evans
distributed a handout titled Outline of Problems and Objections. He expressed his concerns
relative to noise factors, inadequate parking and incompatibility.
Nathan Aboud spoke in opposition to the Ocean Room proposal. He informed Council that as
an engineer, he spoke with colleagues who are of the opinion that the project should not be
approved due to traffic concerns and the existing echo problem that amplifies noise. Mr. Aboud
brought a tape recorder with him to demonstrate the current noise factor heard from inside his
home.
Lorraine Evans informed Council that she is adamantly opposed to the Ocean Room project.
She related the difficulties that her family already encounters with existing conditions due to
noise nuisance. Ms. Evans stated that wedding groups are going to want to go outside if the
facility is at an ocean view harbor area.
Michael Alford urged Council not to reverse the Planning Commission denial of this project.
He stated that large parties renting the banquet hall for weddings and bar mitzvahs will cause
traffic problems and late night drunkenness reminiscent of the Red Onion Restaurant days.
Mr. Alford related mishaps involving furniture thrown into swimming pools.
Scott Seaton, Manager of Peter's Landing spoke in opposition to the proposed Ocean Room.
Mr. Seaton presented options for possible uses for the former site of Ruben's Restaurant and
Tibbies Music Hall, including either a sports club or boutique. He contradicted the figures for the
number of parking spaces, and asked Council to uphold the Planning Commission denial.
John Gonzalez, business owner informed Council that his bedroom faces the main building of
the proposed Ocean Room. He stated that due to the noise level, he hopes Council will listen to
the Planning Commission recommendation and uphold the denial.
Russell Vaughn, President of the Bay Port Homeowners' Association stated that he owns a
boat and rents from the last speaker Mr. Gonzalez. He spoke in opposition to the proposed
Ocean Room, stating that property values will drop. Mr. Vaughn reminded Council of problem
establishments on Main Street which had to be shut down. He cautioned Council that they are
going have to be prepared to have police action. He requested denial of the project.
(18) October 16, 2000 - Council/Agency Minutes - Page 18
Dick Bannock rebutted what he refers to as misleading statements from the last speaker,
Mr. Vaughn that Broadmoor HOA is against the Ocean Room project. Mr. Banneck stated that
as far as the Board of Directors of Broadmoor is concerned, Bay Port should not speak for
them.
Geoffrey Johnson, applicant for the Ocean Room spoke regarding the application for a
Conditional Use Permit filed by Tibbies Music Hall and Ruben's Restaurant at the same location
of his proposed project. Mr. Johnson stated that the Ocean Room is upscale, and promoted its
-amenities. He assured Council that the business he represents will not resemble what has
gone before. He stated that it would be subject to an annual review of its entertainment permit
and license, which will be revoked if violated. Mr. Johnson rebutted statements made by the
Bay Port resident who has gathered signatures on a petition opposing the project.
Joe Evans thanked Council for its services and distributed a petition signed by Broadmoor
residents in opposition to the Ocean Room project. He spoke in opposition to the number of
attendees allowed at gatherings and events at the restaurant. Mr. Evans stated how the
banquet facilities would be a burden to the community.
Michael Cho, Attorney for the applicant, GTN Industries, spoke regarding the letters of support
mis-communicated as letters in opposition when announced at the meeting. He spoke
regarding the maximum occupancy load of 300 that the building code allows for his facility.
Mr. Cho stated that his project's parking situation meets code. He rebutted the speaker,
Mr. Patrick Evans' comments regarding the nearest residence being 35 feet away, and stated
that 51 feet away at the closest point is more accurate. Mr. Cho spoke relative to noise control,
citing the Waterfront Hilton Resort Hotel at Pacific Coast Highway as an example of a
commercial establishment adjacent to a residential community where a shared thoroughfare has
not been the cause of complaints by residents regarding noise.
Councilmember Green asked if windows overlook the homes, to which Mr. Cho responded that
there is no visibility of the homes from within.
Harold Bragg, Bay Port condominium owner informed Council that his home faces the direction
of the Ocean Room site, home of the former Tibbies Music Hall. Mr. Bragg spoke in opposition
to the project for reasons of noise pollution, traffic congestion, loss of parking and lowered
property values.
Richard Harlow representative for the applicant, GTN Industries stated that the owners of
Peter's Landing are in the process of engaging an architect for revitalization of the center. He
commended Mr. Cho for emphasizing what the project is about and for dispelling the
misconceptions. Mr. Harlow informed Council that this project has the most restrictive set of
requirements and allows for revocation of the CUP (Conditional Use Permit) for any violation.
Addressing the issue of outside noise, Mr. Harlow stated that there is a requirement for added
security to ensure that activity on the walkway resulting from the project will be minimal.
Lisa Daniels stated that she is a nearby resident and lives next to Gallagher's Pub and Grill at
300 Pacific Coast Highway. Ms. Daniels requested support of the Ocean Room project.
There being no persons present to speak further on the matter, and there being no protests filed
either written or oral, the hearing was closed by Mayor Garofalo.
(19) October 16, 2000 - Council/Agency Minutes - Page 19
Discussion followed relative to the speakers' concerns, during which Councilmember Dettloff
inquired about noise mitigation measures. Planning Director Zelefsky responded that six
months after the Ocean Room is granted its Certificate of Occupancy, the issue goes back to
the Planning Commission for review.
Mayor Pro Tern Harman stated that a speaker had alluded to the possibility of this area being
designated for office use. Mayor Pro Tern Harman asked if it would be amenable and received
the answer that the space has been advertised to lease or rent with that possibility in mind.
Councilmember Sullivan informed Council that he would like to support the motion but
expressed the concern over the possible incompatibility of the project, comparing it to the
residential and commercial mix at the Pierside Pavillion at Main Street and Pacific Coast
Highway.
Councilmember Dettloff commented on Councilmember Sullivan's statements. She responded
that the Ocean Room applicant has met all the stringent conditions. Councilmember Dettloff
stated that she would like to see special attention given to the walkway to ensure that guests do
not gather to loiter or smoke at that site.
A motion was made by Dettloff, second Green to approve Conditional Use Permit No. 99-77
with Findings and Conditions of Approval (ATTACHMENT NO. 2*) and with the additional
condition that the establishment will have security staff monitor the public walkway to ensure
loitering and noise do not occur during functions. The motion carried by the following roll call
vote:
AYES: Garofalo, Green, Dettloff, Bauer
NOES: Julien, Sullivan, Harman
ABSENT: None
*See Appendix A at the end of these minutes on page 28 for ATTACHMENT NO. 2.
(City Council) Public Hearing - Adopted Resolution No. 2000-98 Approving Coastal
Commission's Suggested Modifications to Local Coastal Program Amendment (LCPA)
No. 98-2A — and Approved Introduction of Ordinance No. 3479 to Amend H.B. Zoning and
Subdivision Carts and Kiosks Ordinance and to Amend the Downtown Specific Plan
(420.85)
Mayor Garofalo deferred to City Attorney Gail Hutton's legal opinion regarding whether he had a
possible conflict of interest, to which she responded that it is highly unlikely with an issue of
such widespread applicability.
Mayor Garofalo declared that this was the time scheduled for a public hearing to consider the
following:
Applicant: City of Huntington Beach.
Request: To amend the Huntington Beach Zoning and Subdivision Ordinance and the
Downtown Specific Plan by modifying the existing Carts and Kiosks Ordinance to incorporate
modifications suggested by the Coastal Commission. The amendment also includes other
miscellaneous modifications.
(20) October 16, 2000 - Council/Agency Minutes - Page 20
Location: Citywide.
Environmental Status: Notice is hereby given that this item is covered under Negative
Declaration No. 93-20 adopted by the City Council on May 4, 1994.
Legal notice as provided to the City Clerk's Office by staff had been published, mailed and
posted.
Planning Director Howard Zelefsky presented a slide report titled Approve Modifications to Local
Coastal Program Amendment No. 98-2A (Carts and Kiosks Ordinance. The PowerPoint
presentation had been announced earlier as a Late Communication by the City Clerk.
Mayor Garofalo declared the public hearing open.
There being no persons present to speak further on the matter, and there no being no protests
filed either written or oral, the hearing was closed by Mayor Garofalo.
A motion was made by Sullivan, second Dettloff to 1. Adopt Resolution No. 2000-98 —.`A
Resolution of the City Council of the City of Huntington Beach, California, which Acknowledges
Receipt of the California Coastal Commission Action and Accepts and Agrees to Local Coastal
Program Amendment No. 98-2A as Modified"(ATTACHMENT NO. 1) accepting and agreeing to
the modifications to Local Coastal Program Amendment No. 98-2A (Carts and Kiosks)
suggested by the Coastal Commission and forward to the Coastal Commission; and 2. After
City Clerk reads by title, approve introduction of Ordinance No. 3479 — `An Ordinance of the
City of Huntington Beach Amending the Huntington Beach Municipal Code and the Downtown
Specific Plan to Incorporate Changes as Suggested and Approved by the California Coastal
Commission Related to Carts and Kiosks. "(ATTACHMENT NO. 2) incorporating the
modifications to Local Coastal Program Amendment No. 98-2A (Carts and Kiosks) suggested
by the Coastal Commission including other miscellaneous modifications with findings
(ATTACHMENT NO. 3*). The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
*See Appendix B at the end of these minutes on page 36 for ATTACHMENT NO. 3.
(City Council) Public Hearing — Adopted Resolution No. 2000-99 for the Establishment of
the Beach Boulevard Underground Utility District No. 00-01 to be Formed within Public
Right of Way along Beach Boulevard between Yorktown Avenue and Pacific Coast
Highway) — Consideration be Given to Waiver of Incidental Fees to Homeowners (350.20)
Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the
following:
Public hearing, pursuant to Resolution of Intent No. 2000-89 adopted on September 18, 2000,
to ascertain whether public necessity, health, safety or welfare requires the removal of poles,
overhead wires and associated overhead structures and the underground installation of wires
and facilities for supplying electric, communication or similar associated service within the public
right of way along Yorktown Avenue to Pacific Coast Highway.
(21) October 16, 2000 - Council/Agency Minutes - Page 21
Legal notice as provided to the City Clerk's Office by staff had been published, mailed and
posted.
Mayor Garofalo declared the public hearing open.
Kevin Elliott stated his opposition to the project expressing his concerns, including that
Huntington Beach is below sea -level and subject to flooding and in anticipation of how the cost
would impact homeowners.
Public Works Director Beardsley addressed Mr. Elliott's concerns stating that undergrounding is
insulated against short-circuiting so that flooding would not be an issue. Public Works Director
Beardsley stated that funds for trenching are available in the budget and the homeowner's
contributions would not be a factor.
Requested by Public Works Director Beardsley to comment, Deputy City Engineer Dave Webb
stated that the utility company usually trenches and hooks up each individual parcel.
Mayor Garofalo informed Council that he is going to move forward with the recommended
action, but asked consideration of the waiver of any incidental fees that may be passed on to
the homeowners. Mayor Garofalo announced that five votes are required to adopt the
resolution per Huntington Beach Municipal Code §17.64.
There being no persons present to speak further on the matter, and there being no further
protests fled either written or oral, the hearing was closed by Mayor Garofalo.
A motion was made by Bauer, second Harman to adopt Resolution No. 2000-99 — "A
Resolution of the City Council of the City of Huntington Beach Establishing Underground Utility
District on Beach Boulevard between Yorktown Avenue and Pacific Coast Highway." The
motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
Consent Calendar - Item Removed for Separate Discussion
The following item was removed from the Consent Calendar for separate discussion:
Contract Agreement between the City and RBF Consulting for Professional Planning Services to
Prepare Environmental Documentation and Remedial Work Plan for Cleanup of Closed Gun
Range Site in Huntington Central Park for Reuse/Relocation by the H. B. Recycling Center --
Expenditure of Funds (600.10)
Consent Calendar — Items Approved
A motion was made by Sullivan, second Harman to approve Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Harman, Sullivan, Green, Bauer (Garofalo — abstained on approval of the minutes
due to his absence at the meeting.)
NOES: None
ABSENT: None (Julien, Dettloff out of room)
(22) October 16, 2000 - Council/Agency Minutes - Page 22
(City Council/Redevelopment Agency) Minutes — Approved and adopted the minutes of the
City Council/Redevelopment Agency regular meetings of September 18, 2000 as written and on
file in the Office of the City Clerk. Submitted by the City Clerk
(City Council) Deferred from October 2, 2000 — Accepted Formal Bid Withdrawal from MMC,
Inc. — Awarded Contract to AES Construction Group for Reconstruction of Two Sewer Lift
Stations: (1) "A" at 171h Street (elo Admiralty Drive, n/o Pacific Coast Highway); CC-1060
and (2) Brookhurst Street and Effingham Drive; CC-1061 (600.60) —1. Accepted the formal
bid withdrawal by MMC Inc. without forfeiture of bid bond; and 2. Accepted the second lowest
responsive/responsible bid submitted by AES Construction Group for the reconstruction of two
sewer lift stations; Station "A" (PCH at 171h Street); CC-1060 and Brookhurst/Effingham; CC-1061;
and 3. Approved and authorized the Mayor and City Clerk to execute the contract for the sewer lift
station projects for a total bid amount of $2,091,750; and 4. Authorized the Director of Public
Works to expend $2,600,000 to cover the contract cost of $2,091,750, which includes allowances
for construction change orders of $418,350 and anticipated supplemental expenses of $89,900.
Submitted by the Public Works Director, Funding Source: $2,600,000 appropriated in Sewer
fund, Lift Station Rebuilds.
(City Council) Accepted the Construction by Weeger Brothers, Inc. of Edwards Fire
Station No. 6; CC-1084 (Funded by PLC Land Company Per Holly Seacliff Agreement) and
Authorized the City Clerk to File a Notice of Completion (600.80) - Accepted the completed
general construction for Fire Station No, 6 — Edwards; CC-1084 at a cost of $2,576,345, and
authorized the City Clerk to file a Notice of Completion with the County Recorder's Office.
Submitted by the Fire Chief/Information Systems Director and the Public Works Director.
Funding Source: Funded entirely with developer, PLC Land Company funds per Holly Seacliff
Development Agreement.
(City Council) Accepted Bid and Award Contract to Schuler Engineering Corporation of
Construction of Water Well No. 3A (Oak Lane); CC-1114 — and Reconstruction of Water
Well No. 5 (Warner Avenue); CC-1059 — Approved Sample Contract (600.10) —1. Accepted
the low bid submitted by Schuler Engineering Corporation, and authorized the Mayor and City
Clerk to execute the appropriate contract for construction of Water Well 3A and Water Well 5;
and 2. Authorized the Director of Public Works to expend a total of $2,556,000 which includes
the construction contract cost of $2,031,000; estimated change order contingency of $200,000;
construction management and inspection services cost of $125,000; and supplemental,
including construction support services cost of $200,000 as needed. Submitted by the Public
Works Director. Funding Source: $2,556,000 in Water Capital Improvement Fund, Conjunctive
Use Wells.
(City Council) Approved Professional Services Contract between the City and Butier
Engineering Corp. for As -Needed Construction Management and Inspection Services for
Water Capital Improvement Projects (600.10) —1. Approved Professional Services Contract
between the City of Huntington Beach and Butier Engineering Corporation for As -Needed
Construction Management and Inspection Services for Water Capital Projects, and
2. Authorized the Mayor and City Clerk to execute said agreement; and 3. Authorized the
Director of Public Works to expend monies to cover contract expenditures not to exceed
$500,000 per contract year. Submitted by the Public Works Director. Funding Source: Water
Fund, Capital improvement Project Accounts and Water Master Plan Engineering Design and
Construction Contract Services.
(23) October 16, 2000 - Council/Agency Minutes - Page 23
(City Council) Approved Affordable Housing Agreement Containing Covenants between
the City and Bridges America Foundation, L. P. for 80 Unit Apartment Project at 16884
Nichols Street (600.10) — Approved Agreement Containing Covenants Affecting Real Property
by and between the City of Huntington Beach and the Bridges America Foundation, L. P. and
authorized the Mayor and City Clerk to execute (ATTACHMENT NO. 1). Submitted by the
Planning Director. Funding Source: Not applicable.
(City Council) Accepted Bid and Awarded Contract to Elser Constructors, Inc. for Water
Main Replacement Project for Orange Avenue (Goldenwest Street to 11th Street) and
Memphis Avenue (Alabama Street to Delaware Street); CC-1132 (600.10) —1. Accepted
the low bid submitted by Elser Constructors, Inc. and approved and authorized the Mayor and
City Clerk to execute the appropriate construction contract for the Water Main Replacement
Project for Orange (Goldenwest St. to 11th St.) and Memphis Avenues (Alabama St. to
Delaware St.); CC-1132; and 2. Authorized the Director of Public Works to expend a total of
$875,000 which includes the contract cost of $743,704.50, estimated contingency of $75,000
(approximately 10% of construction) and $56,295.50 for supplemental expenditures. Submitted
by the Public Works Director. Funding Source: $875,000 — Water Fund Capital Improvement
Projects, Water Main Replacements.
(City Council) Approved Professional Services Contract with NUVIS Corporation to
Prepare Plans and Specifications for Phase I of Murdy Park Reconfiguration for Youth
Sports (600.10) — 1. Approved and authorized the Mayor and City Clerk to execute the
Professional Services Contract between the City of Huntington Beach and NUVIS for
Preparation of Plans and Specifications for Phase 1 of the Murdy Park Reconfiguration Project
for youth sports; and 2. Approved utilizing Park Acquisition and Development Account
No. 20987028.82800 for preparation of plans and specifications including $68,665 for the base
contract for NUVIS with an additional $10,100 (15%) for contingencies, and $3,500 (5%) for
supplemental expenditures such as soils testing, etc., not to exceed $82,265. Submitted by the
Community Services Director. Funding Source: Park Acquisition and Development Fund —
Murdy Park Improvements — $82,265.
(City Council) Approved Professional Services Contract with Meyer and Allen Associates
for a Pro -Humane Animal Care Services Feasibility Study — Approved Appropriation of
Funds — Accepted Settlement Committee's Revision to Insurance Indemnification
Language (600.10) —1. Approved and authorized execution by the Mayor and City Clerk of a
Professional Services Contract between the City of Huntington Beach and Meyer and Allen
Associates, Inc. for Animal Care Services Feasibility Study, and 2. Appropriated $50,000 from
the General Fund undesignated, unreserved balance to fund the agreement; and 3. Accepted
the Settlement Committee's Revision to the contract's indemnification language. Submitted by
the Director of Organizational Effectiveness. Funding Source: General Fund undesignated
fund balance — $50,000. At the June 19, 2000 Council meeting $50,000 was appropriated for
the Pro -Humane Animal Care Services Feasibility Study. Staff is requesting re -appropriation of
funds as a consultant was not selected until Fiscal Year 2000-01.
(24) October 16, 2000 - Council/Agency Minutes - Page 24
(City Council) Continued to November 20, 2000 for a Staff Report Re: Contract Agreement
between the City and RBF Consulting for Professional Planning Services to Prepare
Environmental Documentation and Remedial Work Plan for Cleanup of Closed Gun
Range Site in Huntington Central Park for Reuse/Relocation by the H. B. Recycling
Center (600.10)
The City Council considered a communication from the Community Services Director and the
Planning Director requesting to enter into a Professional Services Contract, in the amount of
$130,553 with RBF Consulting for the preparation of Environmental Documentation and a
Remedial Work Plan for the closed gun range site. Staff anticipates the work will be completed
within one year. However, the term of the contract, upon approval of the City Council, is for a
period not to exceed thirty-six months to allow for any required follow-up of mitigation measures.
Counciimember Bauer requested that this item be removed from the Consent Calendar for
separate discussion due to concerns regarding the previous tenant's obligation towards clean
up of the gun range site.
Mayor Pro Tern Harman expressed his concern over the recycling operation proposed at the
site.
A motion was made by Bauer, second Harman to continue to November 20, 2000 for a staff
report addressing the following issues: 1. to respond to Councilmember Bauer's inquiry relative
to obligations any previous occupants may have for clean up, or plans for clean up of the gun
range; and 2. to address concerns expressed by Mayor Pro Tern Harman regarding the
recycling operation. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Continue to a Time No Later than November 20, 2000 - Approve H. B.
Playhouse Draft Lease for Extension (with Modifications to Include Annual Financial
Statement, Annual Business Plan and Three Year Term) for Non -Exclusive Use of the
Public Library Theater (600.10)
The City Council considered a communication from the Library Services Director requesting
approval of an extension of the city's lease agreement with the Huntington Beach Playhouse
(HBPH). The HBPH pays the Library to use the Library Theater. Their payment amount is
based on a five-year lease that expired on December 29, 1999. Subsequent to the expiration of
the lease, the HBPH notified the Library Director that they are interested in continuing to use the
Theater. Currently the HBPH is operating on a month -to -month basis using the terms and
conditions of the expired lease. The current HBPH payment is $2,390 monthly or $28,680
annually.
A PowerPoint slide presentation titled Huntington Beach Playhouse Draft Lease from the Library
Services Department was submitted to the Office of the City Clerk on October 9, 2000 and is
included in the agenda packet.
(25) October 16, 2000 - Council/Agency Minutes - Page 25
Deliberation was held in the interest of parity, resulting in a request to continue the item pending
the receipt of a staff report listing the audits, rents, business plans, and contracts of other non-
profit organizations.
A motion was made by Councilmember Green, second Garofalo to continue this item pending
receipt of a staff report listing other non-profit organizations to compare and contrast their
audits, rents, business plans, and contracts. Said report is not to exceed a return meeting date
of November 20, 2000. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harnfan, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
The City Council requested if the following ordinances could be adopted in one motion. The
City Clerk consented, and after reading Ordinance Nos. 3470, 3478 and 3477 by title. On
motion by Bauer, second Harman the said ordinances were adopted by the following roll call
vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None (Julien, Sullivan, Dettloff - NO on Ordinance No. 3470)
ABSENT: None (Garofalo - NO on Ordinance No. 3477)
(City Council) Adopted Ordinance No. 3470 to Amend H. B. Municipal Code Chapter 5.70
Relating to Regulation and Operation of Sex Oriented Businesses and Findings in
Support of Chapter 5.70 (640.10) — Ordinance No. 3470 — "An Ordinance of the City of
Huntington Beach Amending Chapter 5.70 of the Huntington Beach Municipal Code Relating to
Regulation and Operation of Sex Oriented Businesses and Findings in Support of Chapter
5.70." Submitted by the City Attorney.
Councilmembers Julien, Sullivan, and Dettloff requested that their no votes be recorded on the
adoption of Ordinance No. 3470.
(City Council) Adopted Urgency Ordinance No. 3478 to Extend the Interim Traffic Impact
Fee Ordinance (640.10) —Urgency Ordinance No. 3478 —"An Urgency Ordinance of the City
of Huntington Beach Extending an Interim Traffic Impact Fee Ordinance Pursuant to California
Government Code Section 66017(b) and Making Findings in Support thereof." Submitted by the
City Attorney and the Public Works Director. (See corresponding Agenda Item below.)
(City Council) Adopted Ordinance No. 3477 to Amend H. B. Municipal Code Section 17.65
Adopting a Fair Share Traffic Mitigation Impact Fee (640.10) —Ordinance No. 3477 —An
Ordinance of the City of Huntington Beach Amending Chapter 17.65 of the Huntington Beach
Municipal Code Regarding Adopting a Fair Share Traffic Mitigation Impact Fee Pursuant to
California Government Code Sections 66000, et seq. and Making Findings in Support thereof."
Submitted by the City Attorney and the Public Works Director. (See Agenda Item above.)
Mayor Garofalo requested that his no votes be recorded on the adoption of Ordinance
No. 3477.
(26) October 16, 2000 - Council/Agency Minutes - Page 26
(City Council) Approved Introduction of Ordinance No. 3479 to Revise Speed Limits on
Various Streets Citywide (640.10) — Ordinance No. 3479 — "An Ordinance of the City of
Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code Relating
to Speed Limits. Submitted by the Police Chief and Public Works Director. Said Ordinance
contains a list of streets on which speed limits would be increased, and a list of streets
on which speed limits would be decreased.)
The City Council considered a PowerPoint Presentation from the Department of Public Works
titled Recommended Revisions of Posted Speed Limits that had been announced earlier by the
City Clerk as a Late Communication.
A motion was made by Dettloff, second Harman to approve introduction of Ordinance
No. 3479, after City Clerk read by title. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Former Councilmember John Thomas Introduced (160.40)
City Attorney Gail Hutton recognized John Thomas, a Council candidate who had served on the
City Council during the years 1984 through 1986.
(City Council) Request from Mayor Garofalo that Simple Green Lend Assistance with
NESI (Aston Dump site) at Hamilton Avenue and Magnolia Street (810,20)
Mayor Garofalo requested that staff approach the company of Simple Green to lend its
expertise in assisting with the NESI (Aston dump site) located at Hamilton Avenue and
Magnolia Street. i
(City Council) Request from Councilmember Sullivan for Staff to Respond to Taxpayers'
Alliance Committee (PAC) Organization's Letter re: City Measure Q on November 7, 2000
Ballot (120.70)
Councilmember Sullivan informed Council that he disagrees with the Taxpayers' Alliance
Committee Organization's letter which skates its opposition to City Measure Q on the
November 7, 2000 ballot. Councilmember Sullivan requested staff to respond to the election
piece. if time permits.
(City Council) Mayor Garofalo Reported on the Recent Dedication of the Repaired City
Pool & Gym (230.10)
Mayor Garofalo provided a brief history of the City Pool and Gym and its restoration,
commending Deputy Community Services Director Jim Engle for his efforts in this undertaking.
(27) October 16, 2000 - Council/Agency Minutes - Page 27
(City Council) Announcement by Mayor Garofalo of City's Search for a Police Substation
in Southeast Huntington Beach (530.10)
Mayor Garofalo made an announcement that the city is searching for a Police Substation in
Southeast Huntington Beach and would like a location offered.
(City Council) Request by Councilmember Bauer for Staff to State in a Leiter to the
Federal Government the City's Position Re: Efforts to Combine Los Angeles and Orange
Counties into One Economic Base (120.70)
Councilmember Bauer requested that the City Administrator write to the Federal Government
Office to convey the city's position that efforts to combine the counties of Los Angeles and
Orange as one economic base are in error and unacceptable.
Adjournment - City Council/Redevelopment Agency
Mayor Garofalo adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach at 12:15 a.m. to Monday, November 6, 2000, at
5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
-,0 9 -&-n .
City Clerk and ex-officio Clerk o he City
Council of the City of Huntingtdfi Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
•F.M--- Q2 -4 �"'��f
City Clerk -Clerk Mayor -Chairman
(28) October 16, 2000 - Council/Agency Minutes - Page 28
APPENDIX A
ATTACHMENT NO.2
SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO.99-77
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CE A:
The City Council finds that the project will not have any significant effect on the environment and is
exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Class.
15301, Existing Facilities, Section (a) of the California Environmental Quality Act which states that
operation or minor alteration of existing private structures, involving negligible or no expansion of use
beyond that previously existing, will not have a significant effect on the environment.
SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 99-77:
I . Conditional Use Permit No. 99-77 for the establishment, maintenance and operation. Of a banquet
facility with live entertainment, dancing and alcoholic beverage sales within an existing 12, 746 sq. ft.
two story building (former Tibbies Music Hall and Ruben's Restaurant) at Peter's Landing will not be -
detrimental to the general welfaie of persons working or residing in the vicinity or detrimental to the
value of the property and improvements in the neighborhood. Based upon the conditions- imposed
noise impacts will be fully mitigated by building modifications and business operational functions.
Land use impacts will be controlled by limiting entertainment and sales/service of alcohol hours.
2. The conditional use permit will be compatible with surrounding uses because the banquet building
will be modified to ensure that noise ordinance standards will be met. Adequate physical and safety
measures such as maintaining.all rear doors and windo-vs closed during entertainment hours and
provsitri of security guards, will be "implemented to prevent negative impacts on adjacent properties.
3. The proposed banquet facility will comply with the provisions of the base district and other applicable
provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any
specific condition required for the proposed use in the district in which it would be located, including
parking and noise standards. Twenty-one surplus parking spaces will be available on site.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent
with the Land Use Element designation of Commercial Visitor (CV-F2-d). on the subject property. In
addition, it is consistent with the following goals and policies of the General Plan:
LU 10: Achieve the development of a range of commercial uses.
LU 10. 6: Require that commercial projects abutting residential properties adequately protect the
residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual
character and operational hazards.'
(29) October 16, 2000 - Council/Agency Minutes - Page 29
LU 10.1.8 : Require that entertainment, drinking establishments, and other similar uses provide
adequate physical and safety measures to prevent negative impacts on adjacent properties.
LU 10.1.18 : Encourage the incorporation of meeting rooms, conference and banquet facilities, and
other uses available to visitors and the City's residents in major visitor -serving development projects..
The proposed banquet facility will provide a service to Huntington Beach and surrounding area residents
and visitors that is encouraged by General Plan Goals objectives and policies.
SUGGESTED CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 99-77s
1. The site plan dated June 12, 2000, and floor plans dated January 24, 2000 shall be the conceptually
approved layout.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing
sets used for issuance of building permits (architectural, structural, electrical, mechanical and
plumbing) and shall be referenced in the index.
b. All Fire Department requirements shall be noted on the building plans. (FD)
3. Prior to issuance of building permits, the following shall be completed:
a. The automatic fire sprinkler and fire alarm system shall be certified by an agency licensed by the
State. Shop drawings for tenant improvement areas shall be submitted and approved by the Fire
Department prior to installation. (FD)
b. The property owner shall repair or replace parking lot light standards as deemed necessary by the
Public Works Department and shall repair, plant and irrigate the existing landscaping throughout
the site, to the satisfaction of the City Landscape Architect
4. Prior to issuance of a Certificate of Occupancy:
a. All improvements to the property shall be completed in accordance with the approved plans and
conditions of approval specified herein.
b. The existing water service serving the site may potentially be utilized if it is of adequate size,
conforms to current standards, and is in working condition as determined by the Water Division.
The meter shall be replaced with a touch -read meter. If a new service is required, it shall be
installed per Water Division Standards and sized to meet the minimum requirements set by the
Uniform Plumbing Code (UPC) and Uniform Fire Code (UFC). The service lateral shall be a
minimum of two -inches in size: (PW)
(30)
October 16, 2000 - Council/Agency Minutes - Page 30
c. A separate fire service with an appropriate backflo%v protection device shall be provided for the
building. (PNV)
CD
d. Separate backflow protection shall be installed, per the City of Huntington Beach Water Division
Standards for domestic and irrigation service. (PNV)
e. Fire extinguishers %will be installed and located in areas to comply with Huntington Beach Fire
Code Standards found in City Specification No. 424. (FD)
f Address numbers will be installed to comply with City Specification No. 428. The size of the
numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (I71l2)
inches. (FD)
g. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire
Code and Title 24 of the California Administrative Code. (FD)
h. The applicant shall obtain the necessary permits from the South Coast Air Quality Management
District and submit a copy to Planning Department.
i. Compliance with all conditions of approval specified herein shall be accomplished and verified by
the Planning Department.
j. All building spoils, such as unusable Iumber, wire, pipe, and other surplus or unusable material,
shall be disposed of at an off -site facility equipped to handle them.
k. The windows on the north side of the building should be sealed. Minimum wall construction
shall consist of: a) 2X4 studs, b) Two layers of 518" drywall on both sides of the studs. The Iayers
shall be overlapped to eliminate continuous seams in the field. The layers shall be tightly butted
and sealed against the existing wall construction, and c) one layer of R-11 insulation snugly fitted
between the studs. (Noise Mitigation)
I. The emergency door on the north building fagade shall be either replaced with an assembly that
provides a sound transmission class (STC)' rating of 45 or a "sound trap" should be constructed at
the existing door.) (Noise Mitigation)
m. The amplified sound system shall be designed and installed by an audio specialist. Any
microphones should feed into this system. The system shall be designed to provide equal sound
distribution throughout the banquet facility using multiple speakers in the ceiling. Speakers shall
not be mounted on the exterior walls or near the exterior windows or skylight. Large banks of
speakers shall not be used. (Noise Mitigation)
n. The amplified sound system shall be designed so that the DJ's control panel feeds into amplifiers
and equalizers that are controlled only by the owner of the banquet facility. (The amplifiers and
equalizers shall be locked so that the DJ can not alter the settings on these equipment items)
(Noise Mitigation)
(31) October 16, 2000 - Council/Agency Minutes - Page 31
o. A qualified acoustical consultant shall be retained to identify the amplifier and equalizer settings
that are necessary in order to minimize the audibility of the noise at the adjacent residences after
the sound system is installed. (Noise Mitigation)
p. A qualified window installer shall inspect the windows -and skylight to verify that they are well
sealed at the perimeter. (Noise Mitigation)
r
q. The project shall comply with the City's Noise Ordinance and the mitigation measures identified
in the noise analysis.
r. A written verification prepared by a qualified acoustical consultant confirming project compliance
with the noise mitigation measures shall be submitted to the Planning Department.
5. The use shall comply with the following:
a. Hours of operation shall be limited as follows:
Day(s)
Hours of operation
Entertainment &
Service/Sale of Alcohol
Hours
Sunday -.Thursday
11:00 a.m. - 11:00 p.m.
1:00 p.m. - 11:00 p.m.
Friday & Saturday
11:00 a.m. - 1:00 a.m.
1:00 p.m. - 12:00 a.m.
New Years Eve
11:00 a.m. - 2:00 a.m.
1:00 p.m. - 1:30.a.m.
b. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC)
license, along with any special conditions imposed by the ABC, shall be submitted to the Planning
Department for the file. Any conditions that are more restrictive than those set forth in this
approval shall be adhered to.
c. Hours of sales of alcoholic beverages shall be limited to the hours when food is available.
d. A "Security PIan"shall be submitted to the Police Department and Planning Department for
review and approval by the Police Chief and Planning Director respectively.
e. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed. (PD)
f There shall be no exterior advertising or sign of any kind or type, including advertising directed to
the exterior from within., promoting or indicating the availability of alcoholic beverages. Interior
displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a
violation of this condition. (PD)
(32) October 16, 2000 - Council/Agency Minutes - Page 32
g. The business operator shall not share any profits, or pay any percentages or commission to a
promoter or any other person, based upon monies collected as a door charge, cover charge, or any
other form of admission charge, including minimum drink orders, or the sale of drinks. (PD)
h. There shall be no requirement for patrons to purchase a`minimurn number of alcoholic drinks.
Alcoholic drinks shall not be included in the price of admission. (PD)
All banquet events shall be held within the enclosed building. No outdoor activity other than
loading and unloading associated with the catering services shall be allowed.
j. The rear door(s) shall be kept closed at all times during the operation of the premises except iii
cases of emergency and to permit deliveries. Said door(s) shall not consist solely of a screen or
ventilated security door. (PD)
k. Live entertainment shall be located entirely within the interior of the building. No sexually
oriented business or adult entertainment of any kind shall be conducted on the premises.
I. All rear doors and windows shall be kept closed during hours of entertainment. All entertainment
shall remain inside the establishment at all times. (PD) ,
M. Entertainment shall not be audible beyond 50 ft. of the building in any direction. (PD)
n. Security Guards at a ratio of I per 100 patrons (minimum) shall be provided when entertainment is
present. The guards shall be clearly identifiable as such. (PD)
o. Should the need for Police Department service increase beyond a level of acceptance to the Police
Department and Planning Department, the applicant shall be responsible for providing additional
security guards to monitor indoor and outdoor activities as a result of the banquet, alcohol and
entertainment use.
p. The entertainment permit shall be posted in a conspicuous location on the premises. (PD)
q. No pool or billiard tables shall be maintained on the premises. (PD)
r. Trash shall not be emptied outside between the hours of 10:00p.m. to 9:00a.m.
S. All litter shall be removed from the exterior area around the premises including adjacent public
sidewalks and parking areas no less frequently than once each day that the business is open.
t. The applicant shall post and maintain signs inside and outside the facility prohibiting loitering in
the parking lot, prohibiting alcohol from leaving the restaurant, horn blowing, and loud radios.
Post signs in restaurant notifying patrons that any car whose car -alarm activates in the parking lot
will be towed away,
u. "No Loitering" signs shall be posted at the entrance of the business.
(33) October 16, 2000 - CouncillAgency Minutes - Page 33
v. The applicant shall be prohibited from having queuing lines form outside the banquet facility.
w. During business hours the operator shall provide the neighbors, Police Department and Code
Enforcement section with a phone number by which the manager or similar personnel on -site. can
be contacted in the event of an emergency or nuisance for an immediate response.
x. The applicant shall be responsible for costs associated with any necessary code enforcement
action.
y. If complaints are received by the Police Department or Code Enforcement the applicant shall be
responsible for submitting an additional noise study to confirm that noise levels projected by the
preliminary noise study. The report shall include additional mitigation measures to reduce noise to
residential properties.
z. Prior to commencing live entertainment activities, a copy of an approved Entertainment Permit, as
issued by the Business License Department, shall be submitted to the Planning Department.
aa. All conditions of the Entertainment Permit as approved by the Police Department.
bb. The property owner shall remove graffiti throughout the site within seventy-two-(72)"hours.
6. A review of the use shall be conducted by the Staff within six (6) months of the issuance of Certificate
of Occupancy to verify compliance with all conditions of approval and applicable Chapters of the
Huntington Beach Zoning & Subdivision Ordinance. If at that time there is a violation of any
conditions or code sections, Conditional Use Permit No. 99-77 will be set for a revocation hearing by
the Planning Commission.
7. Conditional Use Permit No. 99.77 shall be reviewed by staff on an annual basis to verify compliance
with all conditions of approval and applicable Chapters of the Huntington Beach Zoning and
Subdivision Ordinance. If at any time there is a violation of any conditions or code sections,
Conditional Use Permit No. 99-77 shall be set for a revocation hearing by the Planning Commission.
8. Calls for Police Service deemed excessive as described in 5.44.050 of the Huntington Beach
Municipal Code; as well as any violations of the-A.B.C. License or Conditional Use Permit can result
in the suspension or revocation of the Entertainment Permit. (PD)
9. Audited financial statements and schedules separately identifying gross sales of food and gross sales
of alcohol, must be submitted to the Planning Director for annual review. The gross receipts of food
sales must exceed the gross receipts of alcohol sales. If gross receipts of alcohol exceed food sales,
the Director shall initiate proceedings to revoke the Conditional Use Permit.
10. The maximum number of event participants for all events taking place concurrently within the facility
shall be limited to 300 persons. A maximum of six (6) times during a calendar year, the Planning
Director may administratively approve events for up to 400 persons. Notification of proposed events
(34) October 16, 2000 - Council/Agency Minutes - Page 34
exceeding 300 participants shall be provided to property owners within 300 ft. of the site a minimum
of I0 days prior to the event.
11. The applicant shall be required to submit a parking study, prepared by a Licensed Traffic Engineer, at
no cost to the City, if the City becomes aware that a parking deficiency exists in the future. If the
study indicates that additional parking is needed, parking mitigation measures shall be provided.
Mitigation measures may include, but not limited to a reduction of event participants.
12. An "Acceptance of Conditions" form shall be properly executed by the applicant and an authorized
representative of the owner of the property, recorded with the County Recorder's Office and returned
to the PIanning Department for inclusion in the entitlement file.
H. The Planning Director ensures that all conditions of approval herein are complied with. The Planning
Director shall be notified in writing if any changes to the site plan, elevations and floor plans are
proposed as a result of the plan check process. Building permits shall not beissued until the Planning
Director has reviewed and approved the proposed changes for conformance with the intent of the
Planning Commission's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Planning Commission may be
required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 99-77 shall not become effective until the ten -calendar day appeal
period has elapsed
2. Conditional Use Permit No. 99-77 shall become null and void unless exercised within one year of
the date of final approval which is .Tune 27, 2001, or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Planning Department a minimum 30 days
prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 99-77, pursuant
to a public hearing for revocation, if any violation of these conditions or the Huntington Beach
Zoning and Subdivision Ordinance or Municipal Code occurs.
4. AlI applicable fees from the Building, Public Works, and Fire Departments shall be' paid prior to the
issuance of Building Permits.
S. The development shall comply with all applicable provisions of the Municipal Code, Building
Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances,
and standards, except as noted herein.
6. Per Section 5.28.030 of the Huntington Beach Municipal Code, no person conduction, maintaining
or carrying on a business, or having charge or control thereof, which -permits public dancing to be
allowed on the premises, shall permit to be admitted on such business premises any minor unless the
minor is accompanied an under the. care at all times of his parent or parents or legal guardian. (PD)
(35) October 16, 2000 - Council/Agency Minutes - Page 35
7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
8. The applicant shall submit a check in the amount of 538.00 for the posting of the Notice of
Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of
le
Orange and submitted to the PIanning Department %vithin two. (2) days of the Planning u
Commission's action.
9. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a
building permit shall be obtained from the Planning Department.
10. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety
Department prior to occupying the building.
(36)
October 16, 2000 - Council/Agency Minutes - Page 36
APPENDIX B
FINDINGS FOR APPROVAL — ZONING TEXT AMENDMENT NO. 93-5
fL_O.CAL COASTAL PROGRAM AMENDMENT NO.93-2A):
1. In the case of a general land use provision, the zoning text amendment is compatible
with the uses authorized in, and the standards prescribed for, the zoning district for
which it is proposed because it will allow outdoor sales from a cart or kiosk in
commercial zoning districts which already permit similar uses indoors.
2. A community need is demonstrated for the change proposed. It will provide
additional opportunities for small vendors to sell a product in the City of Huntington
Beach.
Its adoption will be in conformity with public convenience, general welfare and good
zoning practice. This Zoning Text Amendment contains provisions to regulate the
design and location of outdoor sales and displays to ensure that these uses do not
create undue congestion on public or private properties, and to reduce the liability of
the City and surrounding property or business owners.