HomeMy WebLinkAbout2000-11-06Minutes
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, November 6, 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 5:07 p.m. in Room B-8.
City Council — Redevelopment Agency Roll Call
Present: . Julien, Garofalo, Green, Dettloff, Bauer (Harman arrived 5:15 p.m.)
Absent: Sullivan
(City Council/Redevelopment Agency) Study Session — Prototype Strategic Plan for
Policy -Setting in the City (100.10)
The City Council considered a PowerPoint slide report and a proposal for the city's first Strategic
Plan presented by Director of. Organizational Effectiveness Clay Martin. The slide presentation
is dated November 2000 and titled Prototype Strategic Plan. The Prototype Strategic Plan was
developed in response to City Council direction in order to demonstrate the policy setting and
information potential, and general lay -out of the Strategic Plan. The City Council will be asked
to direct the City Administrator to initiate the city's first Strategic Plan later this evening, during
its regular meeting.
The points made by Organizational Effectiveness Director Martin are enumerated in the staff
report regarding demographic trends.
Director of Organizational Effectiveness Martin announced that upon Council approval, staff is
going to produce a comprehensive description that will include budget data. Subsequent to
Council direction, staff will schedule a workshop in January 2001 on such aspects as financial
projection and data collection.
Council thanked Organizational Effectiveness Director Martin for his comprehensive report.
Discussion followed on how goals and policy had been previously developed. Director of
Organizational Effectiveness Martin clarified that the organization of goals priority will not be
categorized by department, but by the goal itself.
(2) November 6, 2000 - Council/Agency Minutes - Page 2
Councilmember Bauer expressed concerns, that:
Caution should be taken that the document is human -related and focused on the needs of
individuals and neighborhoods, rather than be developed as a bureaucratic tool. The city's
statement on human dignity was discussed.
2. A General Plan needs to be reinforced and maintaining its integrity should be stressed as
it is currently in chaos.
Councilmember Green pointed to the need for continuity, reiterating Councilmember Bauer's
comment that the document should consider the public as a first priority. Councilmember Green
invited the other Councilmembers to share their past experiences, and stated that he would not
want the City of Irvine plan imposed, describing that model.
Mayor Garofalo inquired about the allocation of funding, to which City Administrator Ray Silver
responded that it will come out of staff time.
Mayor Garofalo recommended that staff look for political advice on controversial issues; and to
simplify the decision -making process. Mayor Garofalo stated that the community working in
congress with the City Council will bring a new dimension to strategy planning.
Mayor Garofalo predicted that it would be a unanimous decision to move forward with plan
initiation before holding a public hearing.
A motion was made by Councilmember Green, second Harman to hold the public hearing first.
Discussion was held regarding the procedural change proposed by Councilmember Green.
Following discussion, Councilmember Green withdrew his motion.
A motion was made by Dettloff, second Green to move forward with the prototype strategic plan
for policy -setting as a Consent Calendar item rather than as a public hearing. The motion
carried unanimously.
Motion to Recess'to Closed Session — Approved
A motion was made by Dettloff, second Green to recess to Closed Session on the following
items. The motion carried by the following roll call vote:
AYES: Julien, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Sullivan
Councilmember Sullivan arrived during the Closed Session portion of the Council meeting.
(City Council) Closed Session — City Council pursuant to Government Code Section 54957.6
to meet with its designated representatives William Osness, Personnel Director; Daniel Cassidy,
Esquire of Liebert, Cassidy and Frierson and Richard Whitmore, Esquire of Whitmore, Johnson
& Bolanos regarding labor relations matters — meet and confer with the following employee
organizations: MSOA, POA, PMA, and HBFA. (120.80)
�.1
(3) November 6; 2000 - Council/Agency Minutes - Page 3
(Redevelopment Agency) Closed Session — Pursuant to Government Code Section 54956.8
to give instructions to the Agency's negotiators, David Biggs and Murray Kane, regarding
negotiations with John Givens and Shaul Kuba, CIM Group, LLC concerning the sale
and/or lease of the property located at Block 104 & 105; bounded by Pacific Coast Highway,
Main Street, Walnut Avenue and 6t' Street. (400.50)
(Redevelopment Agency) Closed Session — Pursuant to Government Code Section
54956.9(a) to confer with its attorney regarding pending litigation which has been initiated
formally and to which the city is a party. The title of the litigation is Mulligan v. Redevelopment
Agency, Orange County Superior Court Case No. 74 00 99. (400.50)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer
with its attorney regarding pending litigation based on existing facts and circumstances, the
legislative body of the local agency has decided to initiate or is deciding whether to initiate
litigation. One potential case: CENCO. (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 Amwest Environmental Group, Inc., et al. v. City of
Huntington Beach, et al., Orange County Superior Court Case No. 00 CC 08364. (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 Howard Jarvis Taxpayers Assn., et al. v. City of
Huntington Beach, et al. United States Superior Court Case No. 81 87 80. (120.80)
7:00 P.M. - Council Chamber
Reconvene City Council/Redevelopment Agency Meeting
The City Attorney Shall Determine If Any Actions Taken By The City Council or
Redevelopment Agency In Closed Session Shall Require A Reporting On Those Actions
As Required By Law (Government Code §54957.1(a) (3) (B)) — Status on CENCO Potential
Litigation Re: Oil Tank Demolition at Newland Street and Hamilton Avenue (120.80)
Assistant City Attorney D'Alessandro stated that there was no action to report out of closed
session. He provided the status on the latest developments on the CENCO potential litigation
case, stating that the city is working with the Regional Water Quality Control Board toward
demolition of oil tanks at Newland Street and Hamilton Avenue.
City Council — Redevelopment Agency Roll Call
Present: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
Absent: None
Flag Ceremony and Pledge of Allegiance - Led by Tariq Malik, Reporter for the Huntington
Beach Independent Newspaper.
Invocation - Brian Weaver, Director of Youth and Family Ministries, St. Wilfrid's Episcopal
Church, Huntington Beach.
(4) November 6, 2000 - Council/Agency Minutes - Page 4
City Clerk Announces Late Communications Which Pertain to Items on the Agenda
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced the following Late
Communications regarding agenda items that had been received following distribution of the
agenda:
Slide show presentation dated November 6, 2000 from Shari Freidenrich, City Treasurer titled
Treasurer's Report.
Communication dated November 6, 2000 from the Director of Planning transmitting a revised
table within the Land Use Analysis (Kaku Report Appendix) and a slide show presentation.
Communication titled Downtown Parking Master Plan Update — Late Communication (Item D-1).
Slide show presentation titled Downtown Parking Master Plan Update.
Communication submitted by Jeff Owens to the City Clerk's Office on November 6, 2000 in
opposition to and presenting recommendations for the proposed Police Department Parking Lot
Expansion.
Communication submitted by Frank Yee to the City Clerk's Office on November 6, 2000 in
opposition to and presenting recommendations for the proposed Police Department Parking Lot
Expansion.
Communication dated November 6, 2000 from Darlene Yee 2000 in opposition to and
presenting recommendations for the proposed Police Department Parking Lot Expansion.
Communications dated November 6, 2000 from Hans A. Van Herk requesting postponement of
the proposed Ellis Single Room Occupancy (SRO) project located at 8102 Ellis Avenue.
Communication titled Ellis SRO.
Communication dated November 1, 2000 from Mark & Marlene Singer transmitting their
opposition to the proposed SRO project on Ellis near Beach Blvd.
Communication submitted by Christobel J. Berger to the City Clerk's Office on November 6,
2000 transmitting a letter from Fred W. Bruning, Attorney at Law representing Mrs. Berger. The
communication conveys Mrs. Berger's opposition to the proposed SRO project. Communication
titled Conditional Use Permit No. 99-31 (Revised)/Negative Declaration No. 99-11 (Ellis Avenue
Single Room Occupancy).
Communication of opposition dated November 6, 2000 from Kurt Effler, Property Manager for
the Keller Limited Partnership transmitting a letter from the Marta Keller Limited Partnership in
opposition to the proposed Ellis Avenue SRO. Communication titled Conditional Use Permit
#99-31/Negative Declaration No. 99-11/Ellis Avenue SRO.
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
November 6, 2000. Slide show presentation titled Ellis Avenue Single Room Occupancy —
Conditional Use Permit No. 99-31 (Revised) — Negative Declaration No. 99-11.
Communication dated October 31, 2000 from Allen W. Ralston transmitting his comments in
regard to the establishment of police department directed and non-consensual towing services.
(5) November 6i 2000 - Council/Agency Minutes - Page 5
Presentation -'By Mayor Dave Garofalo, of plaques to winners of*the 1999 Environmental
Awards Program:
Linda O'Donnell
Karen Bobak of the EGBAR
Foundation
Adrianne Morrison of the Bolsa Chica
Conservancy
Category, Waste Management
Category, Waste Management
Category, Community Beautification/Wetlands
Enhancement
Mayor's Award - Deferred to November 20, 2000
Received and Filed Report from the California Regional Water Quality Control Board,
Santa Ana Region Re: the Matter of Caulerpa Taxifolia (520.30)
The City Council considered a communication received November 1, 2000, from
Gerald J. Thiebeault, Executive Director of the California Water Quality Control Board, Santa
Ana Region is included in the agenda packet.
The communication set forth a review of the nature of Caulerpa Taxifolia found in Huntington
Harbour and the significant environmental and economic threat of this invasive non-native algae
and the efforts to prevent its spread.
Councilmember Green, Orange County Water District Board Representative, delivered an oral
report on invading micro-organisms and gave a phone number to call for more information.
Marc Doulson, Santa Ana Regional Water Quality Board, presented a slide report.
The Following Agenda Items Brought Forward Were Deferred from October 16, 2000:
(City Council) —Received and Filed Presentation by Councilmember Ralph Bauer of a
Slide Report Titled The Huntington Beach Work Program and its Financial Foundation -
Request Made by Mayor Pro Tern Harman for Video Reformat Presentation for HBTV-3
(160.10)
The City Council considered 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 extended his appreciation to Mayor Pro Tern
Harman and Councilmember Dave Sullivan whose terms on the City Council will expire
December 2000.
Mayor Pro Tern Harman requested to have this video reformatted for broadcasting on HBTV-3.
(City Council) — Received and Filed Presentation in Response to Councilmember
Dave Sullivan's Request Made on October 2, 2000 for a Report from Police Chief
Ronald E. Lowenberg 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 considered a presentation by Captain Jon Arnold of a communication from the
Police Department submitted October 13, 2000 to the Office of the City Clerk in response to
(6) November 6, 2000 - Council/Agency Minutes - Page 6
Councilmember Dave Sullivan's request at the October 2, 2000 Council meeting, for a report on
the implementation of Megan's Law. The request is to 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.
City Administrator's Report - Recognition Made by the City Administrator 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)
City Administrator Ray Silver presented a 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. The following lists the team members:
FINANCIALS
PROCUREMENT
BUDGET
Team Lead
Team Lead
Team Lead
Valaya Chitchakkol
Rick Amadril
John Roulette
Team Members
Team Members
Team Members
Carolyn Baker
Pete Grant
Marilyn Goldstein
Luann Brunson
Dwan Mandel
Jean 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 — Received and Filed Public Works Update on Capital
Projects. Underway (320.40)
The City Council considered a presentation of a PowerPoint slide report titled Public Works
Department Capital Improvements Program - Capital Projects Update. Public Works Director
introduced Dave Webb, the newly appointed City Engineer who presented the report.
City Administrator's Report — The City Council and City Administrator Silver Welcomed
Arrival of William Workman, Newly Appointed Assistant City Administrator (100.20)
Mr. William Workman, newly appointed Assistant City Administrator was introduced to the
Council and audience.
(7) November 6; 2000 - Council/Agency Minutes - Page 7
Public Comments
John Scott, representative of the South East Huntington Beach Neighborhood Association,
spoke in favor of funding for the Eader Park playground equipment that the Association
anticipated would be on the agenda. He inquired about pollution levels at the NESI-Ascon site
at Hamilton Avenue and Magnolia Street. Mr. Scott urged Council to move forward by setting
up "base lines" on the AES plant at Pacific Coast Highway and Newland Street. He also spoke
about making the Banning Avenue bridge "pedestrian -friendly."
Kreg Muller, Police Officer, briefly addressed Council regarding salary negotiations. Officer
Muller thanked each of the 20 candidates running for City Council and urged everyone to vote.
Russell Reinhart, President of the Huntington Beach Police Officers Association (HBPOA)
thanked Mayor Garofalo and the City Council and City Administrator Ray Silver, stating that he
is looking forward to further negotiations.
Dean Albright spoke in opposition to City Measures Q & R, presenting the. -reasons why he is
against the respective'measure and advisory measure relative to the utility tax on the ballot for
the November 7, 2000 election.
Steve Gullage urged Council to reconsider approval of the public hearing item on the Single
Room Occupancy (SRO) at 8102 Ellis Avenue on the agenda. He stated that the threat of a
lawsuit is the reason why attention is being paid to the SRO development at the expense of the
mobile home owners' plight and their need for rental assistance. Mr. Gullage requested that a
rent stabilization ordinance be adopted by Council.
Vi Cowden on behalf of the Flag Committee, thanked Councilmember Julien; Planning
Commissioner, Connie Mandic; Fourth of July Coordinator, Maureen Rivers; and Robert Kakuk
for their efforts on the installation of flags along the Huntington Beach Pier. Ms. Cowden read
from "Veteran's Day Celebration" composed by Naida Osline, Specific Events Administrator
inviting all to the ceremony at Pier Plaza on Friday, November 11, 2000 from 11:00 a.m. to
12:00 noon.
Jim Lane spoke in support of the Burlington Coat Factory, stating that it deserves to remain at
Huntington Center Mall. He expressed his concern with out-of-town developers spending "soft
money" on City Council candidates. Mr. Lane spoke regarding what he believes is the pressure
on Council to back the redevelopment projects and the resulting heavy subsidies to be paid by
the public. He declared his support of "grassroots" Council candidates, Debbie Cook and
Connie Boardman.
Debbie Cook, City Council candidate, spoke in opposition to "hit pieces" being mailed which
she stated corrupts the elective process. Ms. Cook stated that she is proud of her own, as well
as Council candidate Ms. Connie Boardman's campaign. She spoke regarding what she
viewed as Koll Development's sabotage of their campaign platforms.
Don McGee stated his opposition to what he believes is sign pollution because of the unsightly
campaign posters. He spoke against what he perceives to be corruption with developers having
undue influence on the campaign practices.
Ted Crisell, U.S. Congressional Candidate for the 45`h District presented his platform as a
member of the Sierra Club, the Orange County Coastkeepers and the Surfriders. He informed
(8) November 6, 2000 - Council/Agency Minutes - Page 8
Council that he is diametrically opposed to the incumbent Congressman Dana Rohrabacher's
record on the environment and the Bolsa Chica Wetlands. Mr. Crisell also voiced his support of
Burlington Coat Factory remaining at "The Crossings" in Huntington Beach.
Joey Racano, Council candidate presented his platform as supportive of the environment,
urging the removal of the Banning Avenue bridge as a source of water pollution. Mr. Racano
spoke against the fundraising practices of the Voter Education Project for two Council
candidates.
Clem Dominguez spoke in favor of the proposed recall of the Mayor and in opposition to a
Council candidate.
Allen Hose spoke in favor of Burlington Coat Factory participating in the redevelopment
process at "The Crossings" in Huntington Center Mall. Mr. Hose also stated his support of
Democratic Party and spoke regarding Rowe vs. Wade bill in Congress.
Tim Geddes spoke in opposition to campaign "hit pieces" he received and the outside
developers who are their source. Mr. Geddes requested that Council adopt a motion against
this style of campaigning and expose the sources.
Bill Borden, City Council candidate, read excerpts from an article in the Orange County
Weekly. Mr. Borden refuted some statements made against him, including the assertion that
stock he owns in the Hilton Hotel represents a conflict of interest.
Discussion was held between Councilmember Sullivan and Mr. Borden relative to statements
regarding the Police Department that was in the newspaper article.
Norm Westwell, City Council candidate, encouraged citizens to vote. Mr. Westwell presented
his platform, which includes his support of repealing parking tickets issued due to street
sweeping, and reducing government size.
Virginia Sims spoke regarding the letter she wrote to Mayor Garofalo requesting support of
raising wages of the Huntington Beach Firefighters. Ms. Sims suggested the adoption of a
statewide recognition day for firefighters to be enacted.
Don Hull voiced his support of City Council candidate Norm Westwell.
Connie Boardman, candidate for City Council, spoke regarding campaign "hit pieces" sent by
developers against another Council candidate and herself because they are in favor of the
preservation of the Bolsa Chica wetlands. Ms. Boardman informed Council that she is a
member of the Bolsa Chica Land Trust and that she read in the Independent section of the Los
Angeles Times that the trust endorses the candidacy of Ms. Boardman and Ms. Debbie Cook.
Topper Horach spoke in opposition to campaign "hit pieces" sent as mailers. Mr. Horach
voiced issues of concern which he believes are not really being addressed but are given what
he considers "rubber-stamped" Council votes: the AES power plant facility on Pacific Coast
Highway and Newland Street; Nesi-Ascon at Hamilton Avenue and Magnolia Street; and the
Banning Avenue bridge.
Bill Todd urged everyone to vote for Norm Westwell for City Council.
(9) November 6, 2000 - Council/Agency Minutes - Page 9
Rosemary Trout delivered an apology to Council for not having brought her petition to the
Council which addresses the CENCO oil tank farm problem at Newland Street and Hamilton
Avenue.
Assistant City Attorney D'Alessandro reiterated his report earlier that evening on the tank farm
problem and referred the speaker to the appropriate city employees to contact.
Alice Loftis informed Council that she is one of the applicants seeking relief over the CENCO
oil tank problem at Newland Street and Hamilton Avenue.
Aviv L. Tuchman of Tuchman & Associates, Attorney representing Burlington Coat Factory
(BCF), spoke in opposition to the proposed city condemnation of BCF and regarding what he
believes to be financial contributions to Councilmembers which exceed the $300 campaign limit.
Mr. Tuchman inquired about a cancelled meeting between individual Councilmembers and BCF.
Mayor Pro Tern Harman rebutted the last speaker, Mr. Tuchman's comments responding that
the contributions he received were for his State Assembly Committee which is not controlled by
the local city ordinance.
Councilmember Sullivan stated that he had not cancelled the meeting and addressed the matter
brought forward by Mr. Tuchman and several Burlington Coat Factory employees.
The following public speakers are employees or relatives of employees of Burlington Coat
Factory who came forward to urge Council to let their employer remain at the Huntington Center
mall site. They spoke regarding: 1.) the hardships and difficulties faced with the loss of a job,
including relocation; 2.) the deprivation of good employee benefits, such as insurance for both
full-time and part-time employees; 3.) the flexible working hours that accommodate working
students' school schedules; and 4.) the unaffordability of an upscale mall, especially for those
who are working students: The public speakers are: Veronica Fonseca, Alex Osman,
Brittany Solomon, Tony Huizing, Rocky LaCross, Kevin L. Schmidt, Diana Berariu,
Victoria Fike, Lynn Gutierrez, Leslie Dacera, Jean Boyd, Eva Perez, Linda Withers,
Lynn Van Buren, Sara Herman, Sean N. Cotter, Jazz Markman, John Sonnenberg,
Tony Dennis, Kanani Higbee, Brandy Meyers, Sam Wickline, Ronnie Paco, Erika Singh,
Beverly Smith, Rebecca Vega, and Trever Campbell.
Recess - 10:30 p.m.
Reconvene —10:40 p.m.
By unanimous consent, Council considered the two City Treasurer's Investment Summary
Reports first, followed by Mayor -Pro Tern Harman's item on the Intergovernmental Relations
Committee.
(City Council) Deferred from October 16, 2000 - Reviewed and Accepted City Treasurer's
August 2000 Investment Summary Report (310.20)
The City Council considered communication from the City Treasurer transmitting the Monthly
Investment Report for August 2000.
(10) November 6, 2000 - Council/Agency Minutes - Page 10
A motion was made by Harman, second Green to review and accept the monthly report.
Following review of the report, by motion of Council, accept the Monthly Investment Report
Summary of Investment Portfolio for August 2000, pursuant to Section 17.0 of the Investment
Policy of the City of Huntington Beach. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Reviewed and Accepted City Treasurer's September 2000 Investment
Summary Report (310.20)
The City Council considered a communication from the City Treasurer transmitting the Monthly
Investment Report for September 2000.
A motion was made by Harman, second Green to review and accept the monthly report.
Following review of the report, by motion of Council, accept the Monthly Investment Report
Summary of Investment Portfolio for September 2000, pursuant to Section 17.0 of the
Investment Policy of the City of Huntington Beach. The motion carried by the following roll call
vote:
AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Received and Filed Report Announcement by Mayor Pro Tern Tom Harman,
Intergovernmental Relations Committee Chair Re: $28 Million in Outside Funds Received
by the City for Projects and Programs (640.90)
The City Council considered a communication from Mayor Pro Tern Tom Harman announcing
that during the past fiscal year the city has applied for and been awarded funding from all levels
of governmental agencies and private organizations. These efforts have brought over $28
million for city projects and programs, amounting to approximately a 500% return of staff time.
Mayor Pro Tern Harman also acknowledged the many hours of volunteers' time spent working
with staff in the preparation of grant applications and funding acquisition.
(City Council) Public Hearing Continued Open from October 16, 2000 - Approved Zoning
Text Amendment No. 99-3/1-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 PCH/Sixth Street/Acacia Avenue/ Second Street) (Renoticed on
November 6, 2000 Revising the Original Legal Notice) Approved Introduction of
Ordinance No. 3483 — Adopted Resolution No. 2000-107 (450.20)
Pursuant to advice by Assistant City Attorney Paul D'Alessandro, Mayor Garofalo abstained
from consideration of this item for reasons of a conflict of interest. Councilmember Julien also
recused herself as she has received more than $200 in income from her employer whose place
of employment is subject to the Downtown Parking Master Plan.
(11) November 6, 2000 - Council/Agency Minutes - Page 11
Mayor Pro Tern Harman announced that this was the time scheduled for a public hearing to
consider the following: (Bold type indicates revisions from the original public hearing notice:)
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. Renoticed with the following: The request includes
an amendment to the city's Local Coastal Program (LCP) by incorporating the revisions
to the Downtown Specific Plan.
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). Renoticed with
the following: In addition, the Downtown Parking Master Plan land use and development
potential has been analyzed under the General Plan EIR No. 94-1 and the Redevelopment
Plan Merger EIR No. 96-2.
Communication received on November 3, 2000 in the City Clerk's Office from Michael C. Adams
Associates to City Council dated October 31, 2000 and titled Downtown Parking Master Plan
Update.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and
posted.
Planning Director Howard Zelefsky presented a PowerPoint slide report that had been
announced earlier by the City Clerk as a Late Communication titled Downtown Parking Master
Plan Update.
Planning Director Zelefsky introduced Senior Planner Herb Fauland and Associate Planner
Wayne Carvalho, lead personnel to manage the project.
Planning Director Zelefsky also introduced outside consultant, Mr. Dick Kaku, Kaku Associates
who explained the shared parking concept. Planning Director Zelefsky stated that Mr. Kaku has
experience in coastal parking issues and is going to walk Councilmembers through the process.
Mr. Kaku, Kaku Associates, referred to the revised matrix that had been announced earlier by
the City Clerk as a Late Communication. The table, contained in the Land Use Analysis (Kaku
Report Appendix), is titled Downtown Parking Master Plan Update — Late Communication (Item
D-1).
Discussion was held regarding the relation between land use density and parking demand.
Councilmember Dettloff inquired about Block H in the downtown area and the requirement for
parking on properties in the shared parking plan.
Planning Director Zelefsky referred to excerpts from the staff report relative to the parking
inventory.
(12) November 6, 2000 - Council/Agency Minutes - Page 12
Mayor Garofalo announced that two Planning Commissioners plan to speak as part of the staff
report:
A detailed report was made by Planning Commission Chair Gerald Chapman who addressed
the Planning Commission's position of support of the concept of shared parking, with concerns
as reflected in the straw vote decisions. Planning Commissioner Tom Livengood, presented a
detailed report regarding the 50% requirement of onsite parking.
The slide report titled Downtown Parking Master Plan was further presented by the Planning
Commissioners, a copy of which had been presented to the City Clerk, who announced the two
Late Communications pertaining to this item.
Councilmember Green stated that he was looking for a compare and contrast between the
recommendations made by staff and the straw votes of the Planning Commissioners.
City Administrator Silver pointed out that the Late Communication from Planning Director
Zelefsky is a compromise between staff and the Planning Commission.
Discussion followed regarding land use/parking space, including the conversion from non -peak
to peak times and occurrences/adjustment factors.
The City Clerk announced the Late Communications which pertain to this item:
Communication dated November 6, 2000 from the Director of Planning transmitting a revised
table within the Land Use Analysis (Kaku Report Appendix) and a slide show presentation:
Communication titled Downtown Parking Master Plan Update — Late Communication (Item D-1).
Slide show presentation titled Downtown Parking Master Plan Update.
Mayor Pro Tern Harman declared the public hearing open.
Bob Bolen, business and property owner, distributed in a handout to Council inquiring about
how many parking spaces are required for the anticipated CIM Development Group under the
current and under the new Downtown Parking code (if passed). Mr. Bolen stated that he had
reviewed the numbers and found that there is a huge discrepancy if the proposal is approved,
and asked for equitable treatment.
Mr. Bolen received the response from Planning Director Zelefsky that CIM will be required to
replace 430 displaced parking spaces.
Deliberation followed relative to the parking shortfall.
Jim Lane pointed to the City Clerk's memorandum included in the October 16, 2000 agenda
packet and stated that there are five valid points. He commented that the proposed CIM
Development Group proposal is not workable and adversely affects everyone downtown. Mr.
Lane stated his opinion that the environmental checklist is illegal; that the project requires a full
EIR (Environmental Impact Report) under CEQA (California Environmental Quality Act).
Mike Adams expressed his hope that Council has read his letter included in the agenda packet
setting forth that the shared parking concept is a delicate balance. Mr. Adams cautioned that
every developer who submits a project proposal to the city should address the need relative to
parking demands.
(13) November 6; 2000 - Council/Agency Minutes - Page 13
Bob Mandic informed Council that he supports the 50% on site parking requirement. He
referred to the Legislative Draft on page 28 of the staff report and suggested the separation of
the areas designated as Area 1 and Area 2. Mr. Mandic informed Council that he is speaking
on behalf of the owner of the Electric Chair business establishment, and that his own business
is Mandic Motors located north of Orange Avenue in Area 2. He mentioned that the parking
shortfall in the area is creating a hardship. Mr. Mandic presented a handout to Council titled
Legislative Draft, and requested that the reinsertion of a statement in the Legislative Draft of the
city ordinance if approved for adoption.
Norm Westwell stated that he echoes the sentiments of Mr. Bob Mandic and the other
speakers from the community. 'Mr. Westwell reiterated that there is not enough parking
downtown and asked Council to consider what happens on street sweeping days.
There were no persons present to speak further on the matter and there were no further
protests filed, either written or oral.
Mayor Pro Tern Harman declared the public hearing.closed.
Councilmember Bauer initiated discussion that the city is not under -parked; it's over -parked. He
cited the example of the Pierside Pavilion parking structure as never being filled to capacity.
Councilmember Bauer stated that he is going to make a motion to approve the staff
recommended action.
Further discussion ensued relative to the CEQA requirements for the EIR for the CIM project.
Staff furnished a brief history of the Downtown Master Parking Plan conceived five years ago.
Planning Director Zelefsky responded to questions regarding the shared parking master plan
and how it would affect the CIM project if the area is combined.
Further discussion ensued relative to the 50% on site parking requirement, as well as the Late
Communication provided by the public speaker, Mr. Bob Mandic requesting credit for any
expansion of square footage or intensification of use for code required parking spaces provided.
A motion was made by Bauer, second Dettloff to 1. Approve Zoning Text Amendment No. 99-3
with Findings for Approval (ATTACHMENT NO. 1) and after City Clerk reads by title, approve
introduction of Ordinance No. 3483, as amended by memo in Late Communication packet
from Planning Director Zelefsky dated 11-6-00 adding 3,750 square feet of retail, a total of
23,3750 square feet of retail on Block H — "An Ordinance of the City of Huntington Beach
Amending Chapter 4.2 of the Huntington Beach Specific Plan Relating to the Downtown Parking
Master Plan" (ATTACHMENT NO. 3); and 2. Approve Local Coastal Program Amendment
No. 00-2 with Findings for Approval (ATTACHMENT NO. 1) and adopt Resolution
No. 2000-107 — "A Resolution of the City Council of the City of Huntington Beach Adopting
Local Coastal Program Amendment No. 2000-2 and Requesting its Certification by the
California Coastal Commission (Downtown Parking Master Plan Update)" (ATTACHMENT
NO. 5). The motion failed by the following roll call vote:
AYES: Sullivan, Dettloff, Bauer
NOES: Harman, Green
ABSENT: None
ABSTAIN: Julien, Garofalo
(14) November 6, 2000 - Council/Agency Minutes - Page 14
A motion was made by Green, second Harman to: 1. Approve Zoning Text Amendment
No. 99-3 with Findings for Approval (ATTACHMENT NO. 1) and after City Clerk reads by title,
approve introduction of Ordinance No. 3483, as amended requiring 50% parking (not an
option) but no credit for any expansion of square footage or intensification of use -'An
Ordinance of the City of Huntington Beach Amending Chapter 4.2 of the Huntington Beach
Specific Plan Relating to the Downtown Parking Master Plan" (ATTACHMENT NO. 3); and 2.
Approve Local Coastal Program Amendment No. 00-2 with Findings for Approval
(ATTACHMENT NO. 1) and adopt Resolution No. 2000-107 — "A Resolution of the City Council
of the City of Huntington Beach Adopting Local Coastal Program Amendment No. 2000-2 and
Requesting its Certification by the California Coastal Commission (Downtown Parking Master
Plan Update)" (ATTACHMENT NO. 5). The motion failed by the following roll call vote:
AYES: Harman, Green
NOES: Sullivan, Dettloff, Bauer
ABSENT: None
ABSTAIN: Julien, Garofalo
A motion was made by Green, second Harman to: 1. Approve Zoning Text Amendment
No. 99-3 with Findings for Approval (ATTACHMENT NO. 1 *) and after City Clerk reads by title,
approve introduction of Ordinance No. 3483, as, amended by leaving 50% as an option and
add legislative draft language insert: "Any code required parking spaces provided on
site shall be credited for any expansion of square footage or intensification of use." (per
Late Communication from Robert Mandic of Mandic Motors, Block H tenant) - "An
Ordinance of the City of Huntington Beach Amending Chapter 4.2 of the Huntington Beach
Specific Plan Relating to the Downtown Parking Master Plan" (ATTACHMENT NO. 3); and 2.
Approve Local Coastal Program Amendment No. 00-2 with Findings for Approval
(ATTACHMENT NO. 1*) and adopt Resolution No. 2000-107 — "A Resolution of the City
Council of the City of Huntington Beach Adopting Local Coastal Program Amendment No. 2000-
2 and Requesting its Certification by the California Coastal Commission (Downtown Parking
Master Plan Update)" (ATTACHMENT NO. 5). The motion carried by the following roll call
vote:
AYES: Harman, Green, Dettloff, Bauer
NOES: Sullivan
ABSENT: None
ABSTAIN: Julien, Garofalo
* See Appendix A at the end of these minutes for ATTACHMENT NO. 1.
(City Council) Public Hearing Open from October 16, 2000 — Tabled for Renotice to First
Meeting in September 2001 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, We Corner of Main Street and Utica Avenue) (420.40)
Councilmember Julien announced her abstention due to her primary residence within the
proximity of 300 feet or less from the proposed Police Department parking lot expansion.
(15) November 6, 2000 - Council/Agency Minutes - Page 15
Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the
following:
Appellant: Mayor Pro Tern 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.
** Twelve letters to the City Council in opposition to the project (distributed in the Agenda Packet).
** Two letters in opposition to the project received by the City Clerk on October 11, 2000 (Late
Communication Packet).
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 Council considered a PowerPoint slide report presented by Planning Director Howard
Zelefsky titled Appeal of Conditional Use Permit No. 00-39 — Police Department Parking Lot
Expansion which has been provided in the agenda packet.
Police Captain Jon Arnold provided the rationale that the need for kennels and storage
containers for evidence has caused the Police Department to experience a net loss of parking
spaces. At the request of Council, Captain Arnold responded when asked to identify where
vehicles are currently being parked. Captain Arnold expressed the concern of his department
that for instance, it is essential that expensively appointed and equipped police helicopter cars
have secured parking.
Mayor Pro Tern Harman informed Council that he is filing the appeal on behalf of homeowners
and business tenants adjacent to the proposed site, who are concerned with what they view as
the under utilization of the parking lot on the east side of city hall. Mayor Pro Tern Harman
stated that the proposed expansion that almost doubles the size of the parking lot is anticipated
to have an adverse impact on the community.
Councilmember Bauer suggested an option available for parking would be to expand up to the
corner of Main Street and Yorktown Avenue in lieu of Main Street and Utica Avenue.
Discussion followed relative to the estimated cost of the project from the capital outlay budget.
(16) November 6, 2000 - Council/Agency Minutes - Page 16
Mayor Garofalo declared the public hearing open.
The City Clerk announced the following Late Communications that pertain to the public hearing:
Communication submitted by Jeff Owens to the City Clerk's Office on November 6, 2000 in
opposition to and presenting recommendations for the proposed Police Department Parking Lot
Expansion.
Communication submitted by Frank Yee to the City Clerk's Office on November 6, 2000 in
opposition to and presenting recommendations for the proposed Police Department Parking Lot
Expansion.
Communication dated November 6, 2000 from Darlene Yee 2000 in opposition to and
presenting recommendations for the proposed Police Department Parking Lot Expansion.
Joyce Holmes informed Council of a petition she provided as a handout listing approximately
50 signatures in opposition to the project titled Petition — Preservation of the "Green Space
Park" - Corner of Main Street and Utica. She expressed her surprise at the previous first and
second expansions, stating that she and the other petitioners were under the impression that
preservation of the greenbelt was guaranteed. Ms. Holmes pointed out that Councilmember
Bauer's alternative to expand to the intersections of Main Street and - instead of Utica Avenue -
Yorktown Avenue is a viable suggestion.
Norm Westwell. pointed out 14 letters of opposition to the appeal filed. He stated the opinion
that it is a low priority project and that the current facility is not functioning to maximum
efficiency. Mr. Westwell spoke regarding infrastructure improvements needed.
There were no persons present to speak further on the matter and there were no further
protests filed, either written or oral.
Mayor Garofalo declared the public hearing closed.
Councilmember Dettloff suggested continuance because of the need for assessment of other
facilities as recommended.
Councilmember Sullivan informed Council that he is going to support Mayor Pro Tern Harman's
appeal, but would like funding to come out of the Police Department budget.
In response to advice sought, the City Clerk responded that for the sake of the public, the
hearing should be continued to a definite date and renoticed.
A motion was made by Dettloff, second Garofalo to table public hearing with decision continued
to first meeting in September 2001, at which time said hearing is to be renoticed. The motion
carried by the following roll call vote:
AYES: Sullivan, Harman, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: Julien
(17) November 6, 2000 - Council/Agency Minutes - Page 17
Mayor Pro Tern Harman left at 1:35 a.m.
(City Council) Public Hearing — Approved Conditional Use Permit No. 99-31 (Revised)/
Negative Declaration No. 99-11 Filed by Dr. James Lu for a 107 Unit Single Room
Occupancy (SRO) Affordable Housing Development at 8102 Ellis Avenue (400 Feet e/o
Beach Boulevard) - Approved Settlement Agreement between the City and Amwest
Environmental Group, Inc., Orange County Superior Court Case No. 00 CC 08364
(420.40)
Mayor Garofalo announced that this was the time scheduled for a public hearing to consider the
following:
Applicant: Dr. James Lu, Amwest Environmental Group, Inc.
Request: To approve revised plans for development of a 107 unit single room
occupancy/efficiency apartment project (106 rental units plus one manager's unit). The revised
project consists of: 1) limiting occupancy to one tenant in 91 units and two tenants in 15 units,
2) providing additional parking spaces within the excess landscaping area, and 3) amending the
affordability provisions and maximum rental rates for very low and low income individuals.
Location: 8102 Ellis Avenue (south side of Ellis Avenue approximately 400 feet e/o Beach
Boulevard).
Environmental Status: An initial environmental assessment for the above item was processed
and completed in accordance with the California Environmental Quality Act. It was determined
that the above item would not. have any significant environmental effect and, therefore, a
negative declaration is warranted. This environmental assessment is on file at the City of
Huntington Beach Planning Department, 2000 Main Street, and is available for public inspection
and comment by contacting the Planning Department, or by telephoning (714) 536-5271.
** Communication received in the City Clerk's Office on November 2, 2000 from Angela Fan dated
November 1, 2000 titled Opinion Regarding the Development of a Single Room Occupancy
(SRO) Facility at 8102 Ellis Ave., Huntington Beach. The letter transmits support of the
proposed Single Room Occupancy (SRO) project.
** Communication received in the City Clerk's Office on November 2, 2000 from Amwest
Environmental Group, Inc. To City Council and the Planning Department dated October 30,
2000 and titled Facts for the Development of a Single Room Occupancy (SRO) Affordable
Housing at 8102 Ellis Avenue, Huntington Beach. (This communication is identified in the
agenda packet as ATTACHMENT NO. 3.)
Legal notice as provided to the City Clerk has been mailed, published and posted.
Planning Director Howard Zelefsky presented an oral report giving the background of the
project.
Associate Planner Jane James delivered a PowerPoint slide presentation titled Ellis Avenue
Single Room Occupancy — Conditional Use Permit No. 99-32 (Revised) — Negative Declaration
No. 99-11 that had been announced earlier as a Late Communication by the City Clerk.
(18) November 6, 2000 - Council/Agency Minutes - Page 18
The City Clerk announced the following Late Communications that pertain to this public hearing:
Communication submitted by Christobel J. Berger to the City Clerk's Office on November 6,
2000 transmitting a letter from Fred W. Bruning, Attorney at Law representing Mrs. Berger. The
communication conveys Mrs. Berger's opposition to the proposed SRO project. Communication
titled Conditional Use Permit No. 99-31 (Revised)/Negative Declaration No. 99-11 (Ellis Avenue
Single Room Occupancy).
Communication of opposition dated November 6, 2000 from Kurt Effler, Property Manager for
the Keller Limited Partnership transmitting a letter from the Marta Keller Limited Partnership in
opposition to the proposed Ellis Avenue SRO. Communication titled Conditional Use Permit
#99-31/Negative Declaration No. 99-11/Ellis Avenue SRO.
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
November 6, 2000. Slide show presentation titled Ellis Avenue Single Room Occupancy —
Conditional Use Permit No. 99-31 (Revised) — Negative Declaration No. 99-11.
Assistant City Attorney Scott Field informed Council that he had spoken with the applicant who
stated that 40% of the housing for the SRO has been reserved, for seniors.
Mayor Garofalo declared the public hearing open.
Liz Phibbs spoke in favor of the project, quoting that what has been funded for redevelopment
housing projects is not sufficient; that the city needs more affordable housing to overcome
crowding in apartments which invites gangs and illegal drug activity.
Elmer Phibbs read the latest edition of housing statistics from the Orange County Register. He
spoke regarding the Wycliffe Senior Housing project and its five-year waiting list, mentioning
that persons with Section 8 rental assistance vouchers lose them due to the unavailability of low
income housing. Speaking in favor of the Single Room Occupancy project, Mr. Phibbs stated
that you can not equate the poor with the stigma of crime.
Magda Saborio-Saldana addressed what she perceives to be the prevalent attitude that people
who earn very little working in the city, are not expected to live here. She cited the example of
allowing low-income workers for Wal*Mart. Ms. Saborio-Saldana quoted income figures needed
to be able to afford rents in the city. She stated her support of the SRO project.
Maggie Sewell stated that she is in favor of the Amwest SRO housing project and distributed
material to Council addressing an opposing argument regarding devalued property. Ms. Sewell.
reiterated Mrs. Phibbs' comment that the poor are unfortunately considered synonymous with
drug addicts.
Joan Selfridge spoke in support of the project, stating that she is a retired social worker on a
fixed income who would qualify for SRO living. She expressed her anger at having the poor
equated with crime. Ms. Selfridge informed Council that she knows the area because there
used to be a pre-school there, and that the volume of traffic was as heavy then as it is now.
William P. Bernard spoke in favor of the Single Occupancy Room project and stated that as a
Housing Commissioner he can see many reasons why there is a need to increase low income
senior housing. He cited a Los Angeles Times Newspaper article that the city is being
commended for affordable housing. Mr. Bernard informed Council that Alan Baldwin, the
(19) November 6; 2000 - Council/Agency Minutes - Page 19
Executive Director of the Orange County Community Housing Corporation (OCCHC) who has
been involved with numerous affordable housing projects in the city was also mentioned in the
publication. Mr. Bernard stated that he had spoken with a representative of Mercy Housing,
who provided him with a cheat sheet that dispels many myths that argue against the concept of
an SRO lifestyle; that the typical profile of family living are workers.
Robert Cronk spoke in opposition to the Single Room Occupancy project, presenting his
argument of the use of a common driveway. He stated that ingress and egress to the SRO
would be blocked; an impediment to traffic. Mr. Croak also expressed his disapproval of the
size of the living accommodations of each SRO unit.
Barbara Boskovich informed Council that she is not opposed to the concept of low-income
housing but that the SRO project is in the wrong location. She expressed an issue of concern is
the traffic east or west of Ellis Avenue, where a left -turn into the Jack -in the Box on the
northeast corner of Beach Boulevard is currently a risk -taking venture. Ms. Boskovich spoke
relative to further traffic complications, referring to the gridlock from Beach Boulevard east to
Patterson Lane and suggested the prohibition of left-hand turns. She also recommended the
use of opaque glass for residences facing the property. Ms. Boskovich mentioned the applicant,
Dr. Lu's alleged code enforcement violations, and stated she would like -a three to six month
lease term imposed on the property.
Kenneth L. Kent spoke in favor of the Single Room Occupancy project, which he perceives as
not altering the neighborhood. Mr. Kent related a situation involving an SRO resident who
illegally cooked meals in his room against the rules.
Pat Goodman related support of the SRO and experience on a project that served homeless
people with AIDS and HIV.
Robert Butler, owner of a four-plex on Demion Lane stated his belief that if the SRO project is
approved there will be an increase in traffic. He concurs with the previous speaker,
Ms. Barbara Boskovich that traffic is a major impact. Mr. Butler stated that a Traffic Engineer's
report is in order. He expressed confidence with the staff and Planning Commission opinions
that the SRO in Irvine is well -managed, but mentioned that the management group in that city
do not allow two people per room.
Angela Fan informed Council that she works for a medical group a block from the proposed
Single Room Occupancy project. Ms. Fan urged Council to approve the item and raise the
quotas for SROs in Huntington Beach as they are needed by low-income workers in the city.
Fred Kent spoke in opposition to the Single Room Occupancy project proposed at 8102 Ellis
Avenue, informing Council that he owns property on nearby Demion Lane. Mr. Kent stated that
he is applying the principles of Real Estate when he says that changes in housing density
caused by the SRO will pull down the value of property, while the value of the SRO will be
pulled up. Mr. Kent spoke regarding safety concerns, health and moral issues and the general
welfare of the community and urged Council to veto the project.
Hans Van Herk, owner of property on Demion Lane spoke in opposition to the Single Room
Occupancy project. He stated that he would like to remind Council that the SRO is incompatible
as it is too dense and would be detrimental to the health and safety of the neighborhood.
Mr. Van Herk requested postponement of the project. He stated that he does not consider it to
be low-income housing. He spoke of the lack of privacy and the need to increase the height of
(20) November 6, 2000 - Council/Agency Minutes - Page 20
fencing surrounding the property. Mr. Van Herk mentioned that the opaque windows suggested
by the previous speaker, Ms. Boskovich appears to be a good idea, and that he also concurs
with her recommendations of not permitting left-hand lane turns from Beach Boulevard east to
Patterson Lane and requesting a six month review of the applicant's operation.
James Lu, Amwest Environmental Group, Inc., appellant and applicant for the Single Room
Occupancy project stated that.he does not fix blame on the neighbors for their opposition; rather
that he appreciates their concerns in order that he can take them into consideration for future
improvements on his properAy. He spoke regarding density in comparison to housing on
Edwards Hill. Dr. Lu rebutted as inaccurate the square footage of the rooms as calculated by
the previous speaker, Mr. Cronk.
Charles Tsang, representative of Amwest Environmental Group, Inc. and Project Manager of
the SRO stated that of all items that have been addressed, no one has brought up certain areas
worth mentioning: 1.) parking requirements; that there are more spaces than are needed; and
2.) the composition and tenant mix that provides needed housing for senior citizens, the
disabled, and workers such as nurses and busboys.
Bruce Solari, owner and operator of Solari Enterprises and representative of the applicant
informed Council that he manages affordable housing throughout Southern California. He
promoted the amenities of the "City Lights" SRO in Fullerton as being the most valuable and
crime -free. Mr. Solari spoke regarding preventative measures which his company undertakes,
and that he considers the best guarantee of successful management of SROs to be the
screening process, criminal background checks and annual reviews.
Mr. Solari answered Mayor Garofalo affirmatively that there is a security person on site.
Randy Allison, applicant/attorney and representative of Amwest Environmental Group, Inc.
informed Council that he had worked with staff to mitigate reasons for denial and the concerns
of the neighborhood. Mr. Allison reiterated what Assistant City Attorney Field had announced at
the commencement of this public hearing that his company is willing to reserve 40% of the SRO
units for seniors.
Mayor Garofalo inquired if a shared easement with the Town and Country Center adjacent to
the property has been granted, to which Mr. Allison answered in the negative but that steps will
be taken to work on this matter.
Jim Martin expressed his objection to the Single Room Occupancy project. He stated that
despite the city staff and Planning Commission determination, he deems the housing project to
be inappropriate as an improper fit for the community; being too tall, too big, and in too
dangerous an area. Regarding the latter, Mr. Martin mentioned that there are three bars in the
neighborhood and that the area has a history of several code violations. Mr. Martin opted for a
better -planned project.
There being no persons present to speak further on the matter and there being no further
protests filed, either written or oral, the Mayor declared the public hearing closed.
Councilmember Green informed Council that he is going to make a motion to approve the
recommended action with the exception that the Settlement Agreement include a proviso that
40% of the housing be reserved for senior citizens age 55 and over.
(21) November 6, 2000 - Council/Agency Minutes - Page 21
Councilmember Dettloff stated that she is going to be supporting the motion as before, and that
the city ordinance provides for SROs.
Councilmember Sullivan stated currently, the SRO has a good management company with
Solari Enterprises, but there are no measures in place to prevent the housing project from going
with an inferior management company at a later date.
Councilmember Sullivan requested revisiting the city's affordable housing ordinance for possible
revision. He stated that he will not be supporting the main motion to approve the recommended
action.
Councilmember Julien expressed her concern over the number of tenants per room — some with
double occupancy - and confirmed with Planning Director Zelefsky that the Single Room
Occupancy project is planned for 106 units.
A motion was made by Green, second Dettloff to 1. Approve Negative Declaration No. 99-11
with Findings for Approval (ATTACHMENT NO. 1); and 2. Approve Conditional Use Permit
No. 99-31R with Findings and Suggested Conditions of Approval (ATTACHMENT NO. 1"); and
3. Approve as amended for 40% seniors age 55 and up the Settlement and Release
Agreement between Amwest Environmental Group, Inc. and the City of Huntington Beach
(ATTACHMENT NO. 6) and authorize execution with non -substantial changes by the Mayor and
City Clerk. The motion carried by the following roll call vote:
AYES: Julien, Garofalo, Green, Dettloff, Bauer
NOES: Sullivan
ABSENT: Harman
A.motion was made by Sullivan, second Garofalo to put on the agenda as an emergency item
the subject of staff studying a revised affordable housing ordinance. The motion carried by the
following roll call vote:
AYES: Julien, Sullivan, Garofalo, Dettloff, Bauer
NOES: Green
ABSENT: Harman
A motion was made by Sullivan, second Garofalo to direct staff to submit to the Planning
Commission a request for study to improve the current SRO ordinance: 1) one person per
room; 2) increased parking; and 3) increased room size. The motion carried by the following
roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff; Bauer
NOES: None
ABSENT: Harman
* See Appendix B at the end of these minutes for ATTACHMENT NO. 1.
Consent Calendar Items Deferred to November 20, 2000
A motion was made by Bauer, second Green to defer the following consent calendar items to
November 20, 2000. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Harman
(22) November 6, 2000 - Council/Agency Minutes - Page 22
(City Council) Deferred to November 20, 2000 - Goal Approved by Caltrans for the Annual
Disadvantaged Business Enterprises (DBE) Program for Local Agencies to Receive Funds from
the Federal Highway Administration (FHWA) for Fiscal Year 2000/2001 — Public Works Director
to Execute DBE Program (340.70)
(City Council) Deferred to November 20, 2000 - Stipend Increase from $100 to $150 Per Month
for Reserve Police Officers and Approve $50 Per Day Additional Compensation for Part -Time
Criminalists Placed on "On -Call" Court Status (700.20)
(City Council) Deferred to November 20, 2000 - Amendment No. 2 Extending for an Additional
Year the Professional Services Contract between the City and the Ferguson Group, LLC for
Federal Funding Acquisition Assistance in its Intergovernmental Affairs Program — Settlement
Committee's Recommendation for a Waiver of Insurance Liability Requirements (600.10)
(City Council) Deferred to November 20, 2000 - Amendment No. 1 Extending for an Additional
Year the Professional Services Contract between the City and Morshed & Associates for
Federal Funding Acquisition Assistance in its Intergovernmental Affairs Program —Settlement
Committee's Recommendation of a Waiver of Insurance Liability Requirements (600.10)
(City Council) Deferred to November 20, 2000 - Appropriation from the General Funds and the
Transfer into the Public Works Intelligent Transportation System Project Account for Fiber Optic
Communication Links for City Facilities Along Gothard Street for Fiscal Year 2000-2001
(320.20)
(City Council) Deferred to November 20, 2000 - Fiscal Year 2000-200.1 Traffic Signal Installation
Priority List of 29 Citywide Intersections (580.10)
(City Council) Deferred to November 20, 2000 - Professional Services Contract Agreement
between the City and Concept Marine Associates, Inc. For On -Call Construction Management
Services (600.10)
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion. -
(City Council) Project Plans and Specifications and Authorize Advertisement of Bids for the
Intrepid Lane Storm Drain Project; CC-1139 — Sample Contract (600.10)
(City Council) Project Plans and Specifications and Authorize the Advertisement of Bids for the
Construction of the Fiscal Year 2000-2001 CDBG (Community Development Block Grant)
Sewer Lining Project; CC-1141 within Four Neighborhood Enhancement Areas: (1) Gothard, (2)
Newland, (3) Villa Yorba and (4) Washington — Sample Contract (340.70)
Consent Calendar — Items Approved
On motion by Bauer, second Green, Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Harman
(23) November 6, 2000 - Council/Agency Minutes - Page 23
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council/Redevelopment Agency regular meetings of October 2, 2000 as written and on file
in the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Adopted Resolution No. 2000-103 Authorizing Manual/Facsimile Signatures
to Execute Financial Transactions — Freidenrich/Martin/Villelia/ Slobojan (630.50)
Adopted Resolution No. 2000-103 — "A Resolution of the City Council of the City of Huntington
Beach Authorizing the Manual and/or Facsimile Signatures of Shari L. Freidenrich, Clay Martin,
Dan T. Villella and James Slobojan." Submitted by the City Treasurer. Funding Source: Not
Applicable.
(City Council) Approved Amendment No. 1 to Agreement between the City and Bucknam
& Associates, Inc. to Provide Administrative Support Staff for the Development
Engineering Services Division of the Public Works Department (600.10) - Approved
Amendment No. 1 to Agreement between the City of Huntington Beach and Bucknam &
Associates, Inc. to Provide Administrative Support Staff to Public Works, and authorize the
Mayor and City Clerk to execute the agreement. Submitted by the Public Works Director.
Funding Source: General Fund, Public Works Development Services, Professional Services
Account - $81,000. -
(City Council) Adopted Resolution No. 2000-104 Modifying Benefits for Non -Represented,
Non -Elected Department Heads and Adopted Resolution No. 2000-105 Modifying Benefits
for Non -Represented, Elected Department Heads to Provide for a 401-A Money Purchase
Retirement Plan (Deferred Retirement Income Plan) (700.50) 1. Adopted Resolution
No. 2000-104 — "A Resolution of the City Council of the City of Huntington Beach Modifying
Benefits for Non -Represented, Non -Elected Department Heads;" and 2. Adopted Resolution
No. 2000-105 — "A Resolution of the City Council of the City of Huntington Beach Modifying
Benefits for Non -Represented, Elected Department Heads." Submitted by the Acting
Administrative Services Director. Funding Source: No additional cost to the city.
(City Council) Adopted Resolution 2000-106 to Approving Request for Caltrans Approval
of the Temporary Closure of Main Street from Pacific Coast Highway to Orange Avenue
for a Parade and the "Light a Light of Love" Holiday Event on Pier Plaza on
November 26, 2000 (960.50) — Adopted Resolution No. 2000-106 — "A Resolution of the City
Council of the City of Huntington Beach to Approve the Temporary Closure of Main Street from
Pacific Coast Highway to Orange Avenue for Holiday Activities in the Downtown Area and to
Request that Caltrans Approve the Temporary Closure of Main Street at Pacific Coast Highway"
on Sunday, November 26, 2000 for a maximum of two hours in order to obtain a Caltrans permit
to accommodate a short parade from Orange Avenue to Pier Plaza for holiday festivities and the
lighting of the Pier for the Light a Light of Love event. Submitted by the Community Services
Director. Funding Source General Fund, Specific Events Account - $1044.
(City Council) Approved the Year 2000 Agreement between the City and Employment
Systems, Inc. For Ambulance Operators and Fire Department Intern Personnel —
Authorized Modifications to the Insurance Indemnification Requirements (600.10) -
1. Approved and authorized the Mayor and City Clerk to execute the Agreement between the
City of Huntington Beach and Employment Systems, Inc. (ESI) to Supply Personnel to the City;
in an amount not to exceed $845,000 to provide leased ambulance operators/fire intern
personnel to the City; and 2. Approved a change to the standard indemnification language in
Section 5, wherein the City will indemnify ESI from any claims arising out of or related to the
(24) November 6, 2000 - Council/Agency Minutes - Page 24
services performed by ESI personnel under this Agreement. Submitted by the Fire
Chief/Information Systems Director. Funding Source: $845,000 Salary and Benefits - Fire
Department's FY 2000-01 Ambulance Program Budget, Ambulance System Contractual
Ambulance Services Account.
(City Council) Initiated City's First Strategic Plan Articulating the City's Direction
(Organized by the Priorities Adopted by Council) (100.10) -Directed the City Administrator
to initiate the city's first Strategic Plan. Submitted by the Director of Organizational
Effectiveness. Funding Source: Not applicable.
(City Council) Approved Settlement Committee's Recommendation for Waiver of
Insurance Requirements for Three Under $20,000 Contract Agreements (to be Entered
into at a Later Date) between the City Attorney and: (1) IBAR Settlement Company, Inc.,
(2) RMS & Associates, Inc.; and (3) Martin L. Fackler, M.D., for Professional Consultant
and Expert Witness Services in Re: Davis v City of Huntington Beach (600.10) — Approved
a waiver of insurance for general and professional liability as recommended by the Settlement
Committee for three professional services agreements to be entered into at a later date between
the City Attorney and IBAR Settlement Company, Inc.; RMS & Associates, Inc.; and Martin L.
Fackler M.D. for which City Council approval is not necessary as the agreement cost is not to
exceed $20,000. Submitted by the City Attorney. Funding Source: Self Insurance Liability,
Contract Legal Services. City Council approval is not necessary, as agreement cost is not to
exceed $20,000 per contract.
(City Council) Approved Settlement Committee's Recommendation for Waiver of
Insurance Requirements for Two Under $20,000 Contract Agreements (to be Entered into
at a Later Date) between the City Attorney and: (1) Gladstein and Associates, LLC; and
(2) Martin Collette, DBA EconOne, for Professional Consultant and Expert Witness
Services in Re: Southern California Edison (600.10) — Approved a waiver of insurance for
general and professional liability as recommended by the Settlement Committee for two
professional services agreements to be entered into at a later date between the City Attorney
and Gladstein & Associates, LLC and Martin Collette, DBA EconOne, for which City Council
approval is not necessary as the agreement cost is not to exceed $20,000. Submitted by the
City Attorney. Funding Source: General Fund, Contract Legal Services. City Council approval
is not necessary, as agreement cost is not to exceed $20,000 per contract.
(City Council) Approved Project Plans and Specifications and Authorized the
Advertisement of Bids for the Intrepid Lane Storm Drain Project; CC-1139 — Approved
Sample Contract (600.10)
The City Council considered a communication from the Public Works Department requesting
authorization for the Public Works Director to request bids for the Intrepid Lane. Storm Drain
Project, CC-1139.
Mayor Garofalo requested that this and the following agenda item be removed for separate
discussion due to a concern that the city maximize the contractors' work schedules to facilitate
alternative work hours (particularly weekends) to complete the projects as quickly as possible.
(25) November 6, 2000 - Council/Agency Minutes - Page 25
A motion was made by Garofalo, second Dettloff to 1. Approve the project plans and
specifications and authorize the Director of Public Works to request bids for the Intrepid Lane
Storm Drain Project, CC-1139 with the amendment that approval is subject to staff
including alternative bid provisions to establish the relative cost for alternative work
schedules that the Council could consider in the subsequent award of the contracts; and
2. Approve the attached Sample Contract subject to award of the contract to the lowest
responsive/responsible bidder. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer
NOES: None
ABSENT: Harman
(City Council) Approved Project Plans and Specifications and Authorized the
Advertisement of Bids for the Construction of the Fiscal Year 2000-2001 CDBG
(Community Development Block Grant) Sewer Lining Project; CC-1141 within Four
Neighborhood Enhancement Areas: (1) Gothard, (2) Newland, (3) Villa Yorba and
(4) Washington — Sample Contract (340.70)
This agenda item was voted on for approval along with the item above.
A motion was made by Garofalo, second Dettloff to: 1. Approve the project plans and
specifications and authorize the Director of Public Works to request bids for the 2000-01 CDBG
Sewer Lining Project, CC-1141 with the amendment that approval is subject to staff
including alternative bid provisions to establish the relative cost for alternative work
schedules that the Council could consider in the subsequent award of the contracts; and
2. Approve the attached Sample Contract subject to award of the contract to the lowest
responsive/responsible bidder. The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer.
NOES: None
ABSENT: Harman
(City Council) Deferred to November 20, 2000 - Introduction for Approval of Ordinance
No. 3480 to Add HBMC §5.67 Pertaining to Non -Consensual Towing Services (Police
Department Directed Towing) —Introduction for Approval of Ordinance No. 3481 to
Amend HBMC §5.66 Removing Permitting Requirements for•Non-Consensual Towing
Services —Adoption of Resolution No. 2000-100 to Establish City Fee Schedule for Non -
Consensual Towing Services (53b.10)
The City Council considered a communication from the City Attorney and the Chief of Police
regarding whether the city should delete permitting requirements and establish rate regulation
for non-consensual towing services.
"Communication received in the City Clerk's Office on November 2, 2000 from the Law Office of
Rose Marie Hollander dated November 1, 2000 is included in the agenda packet. The letter is
in opposition to various issues of the proposed agenda item, including but not limited to
nonconforming uses and the level of authority of the Police Chief.
(26) November 6, 2000 - Council/Agency Minutes - Page 26
A motion was made by Dettloff, second Julien to defer consideration of approving an ordinance
amendment to remove permitting requirements and adopting a resolution to establish a city fee
schedule for non-consensual towing services to the November 20, 2000 meeting. The motion
carried unanimously, Harman absent.
Councilmember Green left at 3:00 a.m.
(City Council) Adopted Ordinance No. 3479 to Revise Speed Limits on Various Streets
Citywide (580.60)
A motion was made by Dettloff, second Garofalo to adopt after the City Clerk reads by title,
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
motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Harman, Green
(City Council) Adopted Ordinance No. 3482 to Amend H.B. Zoning and Subdivision Carts
and Kiosks Ordinance and to Amend the Downtown Specific Plan (640.10)
A motion was made by Dettloff, second Julien to adopt after the City Clerk reads by title,
Ordinance No. 3482 — "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."
The motion carried by the following roll call vote:
AYES: Julien, Sullivan, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Harman, Green
(City Council) Adopted Recommendation by Councilmember Dave Sullivan to Create an
Appointment Policy Effective January 31, 2001 Allowing for the Selection of Public Works
Commissioners by Each Member of Council (120.10)
The City Council considered a communication from Councilmember Dave Sullivan transmitting
the following Statement of Issue: The idea of creating a Public Works Commission was
brought forward by former Mayor and Councilmember Victor Leipzig and myself. The Public
Works Commission has fulfilled the vision that we had for it. Among other important tasks, the
Commission reviews Public Works projects and expenditures and then makes
recommendations to Council. The Commission has great fiscal and review responsibilities.
Each Councilmember should appoint a member of the Commission, as we do with other
commissions and boards that have especially onerous responsibilities; i.e., Planning
Commission, Finance Board and Investment Advisory Board.
(27) November 6, 2000 - Council/Agency Minutes - Page 27
A motion was made by Sullivan, second Garofalo to create an appointment policy to the Public
Works Commission in which each Councilmember selects a Public Works Commissioner. This
new appointment system is to begin January 31, 2001. The motion carried by the following roll
call vote:
AYES: Julien, Sullivan, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Harman, Green
(City Council) Approved Request by Councilmember Ralph Bauer to Direct Staff to
Conduct a Review Relative to the City's Regulatory and Legal Options Regarding the
Potential Expansion of the AES Corporation Power Plant at Pacific Coast Highway and
Newland Street (Formerly Owned by Southern California Edison) (1040.20)
The City Council considered a communication from Councilmember Bauer transmitting the
following Statement of Issue: We have been made aware that the AES Corporation, current
owner of the former Edison plant, wants to expand the plant substantially; the rationale being
that there is an energy shortage in California. I am concerned that the unattractive appearance
of the plant, the unwillingness of AES to pay a fair utility tax, and the petition by AES to reduce
the accessed valuation, all operate to the detriment of the residents of Huntington Beach.
Discussion was held relative to the wording of the recommended action and it was agreed upon
by unanimous consent that city staff will conduct a review in order to determine the city's options
regarding, rather than to prohibit or control the proposed expansion.
A motion was made by Bauer, second Garofalo to determine what regulatory and legal options
the city has to regarding the proposed expansion. The motion carried by the following roll call
vote:
AYES: Julien, Sullivan, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: Harman, Green
(28) November 6, 2000 - Council/Agency Minutes - Page 28
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 3:25 a.m to Monday, November 20, 2000, at
5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex-officio Cler f the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
City Clerk -Clerk Mayor -Chairman
(29) November 6, 2000 - Council/Agency Minutes - Page 29
Appendix A
ATTACHMENT NO. 1
SUGGESTED FINDINGS FOR APPROVAL
ZONING TEXT ANMENDIIENT NO. 99-3/LOCAL COASTAL PROGRAM AMENDMENT NO.00-2
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Planning Commission 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
Section 15262 of the CEQA Guidelines, which states that projects involving only feasibility or
planning studies for possible future actions which the agency, board, or commission has approved,
adopted, or funded does to require the preparation of an EIR or negative declaration. Furthermore, the
Downtown Specific Plan and Downtown Parking Master Plan land use and development has been
analyzed under the General Plan EIR No. 94-1, and the Redevelopment Plan Merger EIR No. 96-2.
SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO.99-3:
I. Zoning Text Amendment No. 99-3 is consistent with the objectives, policies, general land uses and
programs specified in the General Plan and any applicable specific plan. The update of -the
Downtown Parking Master Plan specifies new development thresholds based on the anticipated
parking demand for the downtown commercial core. The new development cap is a result of a
comprehensive parking study conducted on the projected parking demand following buildout of the
downtown. Furthermore, the maximum development potential would not exceed the existing floor
area restrictions established during the General Plan Update (1994) for each of the downtown land
use designations.
2. 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. The
proposed ordinance will allow visitor serving commercial related uses compatible with existing
uses in the downtown.
3. A community need is demonstrated for the change proposed. The zoning text amendment will
allow for the continued redevelopment of the downtown area including visitor serving commercial
uses consistent with the City's General Plan and Local Coastal Program.
5. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice. The zoning text amendment will provide for ample parking opportunities based on
projected downtown development. All proposed developments would be required to receive
separate review and approval of entitlement applications.
(30) November 6, 2000 - Council/Agency Minutes - Page 30
SUGGESTED FINDINGS FOR APPROVAL — LOCAL COASTAL PROGRAM
AMENDMENT NO.00-2:
1. The Local Coastal Program amendment to the Huntington Beach Local Coastal Program to revise
the Downtown Specific Plan.to incorporate the Downtowr Parking Master Plan Update is
consistent with the 1996 General Plan designations by providing for ongoing visitor -serving uses.
2. The update to the Downtown Parking Master Plan is in accordance with the policies, standards and
provisions of the California Coastal Act that encourage visitor -serving uses. The Local Coastal
Program Amendment promotes the City's Local Coastal Program goals and objectives by allowing
for continued redevelopment of the downtown commercial corridor. Furthermore, the amendment
is consistent with the goals and policies of the Coastal Element by ensuring that adequate parking
is provided in all new development in the coastal zone by utilizing new parking standards specific
to the coastal zone in conjunction with the development of off -site parking strategies.
3... The Local Coastal Program amendment conforms with the public access and public recreation
policies of Chapter 3 of the California Coastal Act. The Downtown Parking Master Plan Update
precludes the use and calculation of all parking spaces on the ocean side of Pacific Coast Highway.
The proposed amendment will not interfere with public access or view opportunities. .
(31) November 6, 2000 - Council/Agency Minutes - Page 31
Appendix B
ATTACHMENT NO. 1
SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL
NEGATIVE DECLARATION NO.99-11/
CONDITIONAL USE PERMIT NO.-99-31 (REVISED)
SUGGESTED FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO. 99-11 :
1. The Negative Declaration No. 99-11 has been prepared in compliance with Article 6 of the California
Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public
comment period of twenty (20) days. Comments received during the comment period were
considered by the Planning Commission prior to action on the Negative Declaration and Conditional
Use Permit No. 99-31.
2. Standard conditions of approval avoid or reduce the project's effects to a point where clearly no
significant effect on the environment will occur.
3. There is no substantial evidence in light of the whole record before the Planning Commission that the
project, as mitigated through the conditions of approval for Conditional Use Permit No. 99-31 (R),
will have a significant effect on the environment.
SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-3LLR
1. Conditional Use Permit No. 99-31 (R) for the establishment, maintenance and operation of the 3 8,3 90
square foot Single Room Occupancy (SRO) complex will not be detrimental to the general welfare of
persons working or residing in the vicinity or detrimental to the value of the property and
improvements in the neighborhood. The SRO will improve property values because it will replace a
dilapidated abandoned building with a new structure, landscaping, lighting, and other site
improvements. Based upon the physical design of the project and the conditions imposed, the project
will provide a high level of security, one centralized entrance and exit, a 24-hour on -site manager, and
restricted access throughout the site. The proposed project consists of a pleasing architectural design,
common recreation amenities, parking, and landscaping which all serve to increase the value of the
property and ensure that it does not result in a detriment to the surrounding properties.
2. The conditional use permit will be compatible with surrounding uses because the SRO is a unique
hybrid between a residential and commercial project and will be harmonious with the existing Town
& Country shopping center and adjacent residential uses. Sufficient parking is provided on -site for
the potential residents and the commercial center will encourage pedestrian activity between the sites.
In addition, the proposed building «711 serve as a buffer between the existing commercial center and
the adjacent residential fourplexes.
(32) November 6, 2000 - Council/Agency Minutes - Page 32
3. The proposed 38,390 square foot Single Room Occupancy complex 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. In addition, any specific condition required for the proposed use in the
district in which it would be located. The project meets all development standards of the General
Commercial zoning district including setbacks, building height, floor area ratio, landscaping, parking,
and building design.
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 GC-F2-d (General Commercial -Maximum 0.5 FAR -special
design overlay) on the subject property. In addition, it is consistent with the following goals and
policies of the General Plan: 17
A. Land Use Element
Goal L U 9: Achieve the development of a range of housing units that provides for the diverse
economic, physical, and social needs of existing and future residents of Huntington Beach.
Policv LU9.5.1: Accommodate the development of housing types, such as multifamily
development and Single Room Occupancies (SRO), intended to meet the special needs of senior
citizens, the physically and mentally challenged, and very low, low, and moderate income
households in areas designated for residential and mixed -use on the Land Use Plan Map, in
accordance with the Housing Element..
The project provides for a unique type of residential unit, will serve the special needs of very low
and low income individuals, will provide for the diverse economic, physical, and social needs of
existing and future residents of Huntington Beach.
Policv L U 1 S. S 1 • Require that development located in areas designated as "Special Design
Overlay (-d)" adhere to the specific design standards stipulated by design and development
policies for specific community subareas prescribed in the ensuing section of this element, as
appropriate.
The project meets the design and development policies for Subarea 6C-Five Points by
incorporating landscaping along the street frontage and in the parking lot, by siting of structures to
encourage pedestrian activity to the adjacent commercial sites, by siting the building in proximity
to the street frontage to convey a visual relationship to the street and sidewalks, and by
incorporating architectural treatments to minimize building bulk and mass.
B. Housinz Element
Obiective HE 3 1 • Facilitate the development of housing for low and moderate income
households which is compatible with and complements adjacent uses and is located in close
proximity to public and commercial services.
(33) November 6, 2000 - Council/Agency Minutes - Page 33
Policv HE 3.1.1: Encourage the provision and continued availability of a range of housing
types throughout the community, «ith variety in the number of rooms and level of amenities.
The SRO project will be 100% affordable as it will be restricted to persons of very low and low
incomes. The affordable housing project meets the above objectives and policies because it is a
unique type of housing unit and is located adjacent to the Town & Country retail shopping center
and many other retail shopping opportunities on Beach Boulevard.
SUGGESTED CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 99-31 '(R :
1. The site plan, floor plans and elevations received and dated February 15, 2000 and the revised parking
lot layout dated November 1, 2000 shall be the conceptually approved layout with the following
modifications:
a. Elevations shall depict colors and building materials proposed.
b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
c. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers
on the site plan. Utility meters shall be screened from view from public rights -of -way.- Electric
transformers in a required front or street side yard shall be enclosed in subsurface vaults.
Backflow prevention devices shall be prohibited in the front yard setback and shall be screened
from view. (Code Requirement)
d. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical
equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be
screened includes, but is not limited to, heating, air conditioning, refrigeration equipment,
plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible
with the building in terms of materials and colors. If screening is not designed specifically into
the building, a rooftop mechanical equipment plan showing screening must be submitted for
review.and approval with the application for building permit(s). (Code Requirement)
e. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and
similar items on the site plan and elevations. If located on a building, they shall be architecturally
designed into the building to appear as part of the building. They shall be architecturally
compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with
required setbacks.
f. Outdoor lighting shall utilize energy saving lamps and shall provide a minimum foot candle of one
and one-half as recommended by the Police Department. All outside lighting shall be directed to
prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. No
skyward glare is permitted. (PW) (PD)
(34) November 6, 2000 - Council/Agency Minutes - Page 34
g. The driveway entrances shall have textured and colored pavement (behind sidewalk on private
property) at least 10 feet from the property line.
h. All landscaping and sidewalk areas adjacent to parking spaces shall be increased by two feet to
accommodate two feet of vehicle overhang and a 17 foot long asphalt space. Wheel stops shall be
removed in these cases.
i. A maintenance room/delivery reception area shall be provided near convenient vehicular access on
the ground floor. Location, size, and design of the maintenance room shall be subject to approval
of the Planning Director and may result in the loss of one unit. For affordable housing
requirements, the loss of any unit shall come from the upper low income range (Category D).
j. One surplus parking space in close proximity to the front entrance of the facility shall be
designated, posted, and striped as "Van/Bus Drop -Off and Pick -Up" and one space shall be
designated, posted, and striped as "20 Minute Tenant Loading and Unloading."
k. The site plan shall be revised to depict all existing improvements (buildings, parking stalls, and
landscaping) within 50 feet of the westerly property line. Adequate back-up space (26 feet) for
any existing parking spaces to the west shall be accommodated within the subject site's drive
aisle. Access to all parking spaces located adjacent to the subject site's west property line shall be
accomplished through a recorded irrevocable reciprocal ingress and egress agreement as described
in the conditions below. Archways located at the north and south end of the vehicular driveway
shall be located so that no conflict with ingress and egress to existing parking stalls occurs. Final
site plan details in this regard shall be subject to Planning Director approval.
1. The site plan shall be revised to reflect the code required 26 feet back-up space/drive aisle for the
additional 14 new parking spaces on the east side of the property. The revisions may require the
building footprint and other improvements to be shifted west by approximately two feet.
2. Prior'to issuance of demolition permits, the following shall be completed:
a. The applicant shall follow all procedural requirements and regulations of the South Coast Air
Quality Management District (SCAQMD) and any other local, state, or federal law regarding the
removal and disposal of any hazardous material including asbestos, lead, and PCB's. These
requirements include but are not limited to: survey, identification of removal methods,
containment measures, use and treatment of water, proper truck hauling, disposal procedures, and
proper notification to any and all involved agencies.
b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos
survey shall be completed.
c. The applicant shall complete all Notification requirements of the South Coast Air Quality
Management District.
d. The City of Huntington Beach shall receive written verification from the South Coast Air Quality
Management District that the Notification procedures have been completed.
(35) November 6, 2000 - Council/Agency Minutes - Page 35
All asbestos shall be removed from all buildings prior to demolition of any portion of any
building.
f. The applicant shall disclose the method of demolition on the demolition permit application for
review and approval by the Building and.Safety Director.
3. Prior to issuance of grading permits, the following shall be completed:
a. An arborist report and a Landscape Construction Set must be submitted to the Department of
Public Works and approved by the Departments of Public Works and Planning. The arborist
report shall inventory the location, number, species, and health of all existing trees on site and
contain recommendations for their preservation by providing a horizontal control plan. The
Landscape Construction Set shall include a landscape plan prepared and signed by a State
Licensed Landscape Architect which identifies the location, type, size and quantity of all existing
plant materials to remain, existing plant materials to be removed, and proposed plant materials; an
irrigation plan; a grading plan; an approved site plan, and a copy of the entitlement conditions of
approval.
The landscape plans shall be in conformance with Condition of Approval No. 8. i. below, and
Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any
existing mature trees that must be removed shall be replaced at a two to one ratio (2:1-) with
minimum 36 inch box trees or palm equivalent and shall be incorporated into the project's
landscape plan. (PtiV) (Code Requirement)
b. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of
Public Works for review and approval. (P`V)
c. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -
site soil sampling and laboratory testing of materials to provide detailed recommendations for
grading, chemical and fill properties, retaining walls, streets, and utilities. (PtiV
d. In accordance with NPDES requirements, a "Water Quality Management Plan" shall .be prepared
by a Civil or Environmental Engineer. (PV)
e. The applicant shall provide an on and offsite sewer study including flow test as required by the
Department of Public Works. (PVC
f. The applicant shall provide an on and off site hydrology and hydraulic study as required by the
Department of Public Works. (PW )
g. If applicable, a remediation plan shall be submitted to the Public Works, Planning, and Fire
Departments for review and approval in accordance with City Specifications No. 431-92 and the
conditions of approval, including methods to minimize remediation related impacts on the
surrounding properties. (PWI )
(36) November 6, 2000 - Council/Agency Minutes - Page 36
h. The name and phone number of a field supervisor who is on -site shall be submitted to the
Planning Department and Public Works Department. In addition, clearly visible signs shall be
posted on the perimeter of the site every 250 feet indicating who to contact for information
regarding this development and any construction/ grading concerns. This contact person shall be
available immediately to address any concerns or issues raised by adjacent property owners during
the construction activity. He/she will be responsible for ensuring compliance with the conditions
herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall
include the number of the applicant's contact, City contact (Jack Miller at 714-536-5517)
regarding grading and construction activities, and "I-800-CUTSMOG" if there are concerns
regarding fugitive dust and compliance with AQMD Rule No. 403.
i. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the
property of a tentative grading schedule at least 30 days prior to such grading.
j. The developer shall coordinate with the Department of Public Works in developing a truck haul
route if the import or export of material is required. This plan shall include the approximate
number of truck trips and the proposed truck haul routes. It shall specify the hours in which
transport activities can occur and methods to mitigate construction related impacts to adjacent
residents. These plans must be submitted for approval to the Department of Public Works.
k. , The applicant's grading/erosion control plan shall abide by the provisions of AQMD'•s Rule 403 as
related to fugitive dust control.
1. A plan shall be prepared and submitted to the Public Works Department for review and approval
detailing how all drainage associated with the remediation efforts shall be retained on site and no
wastes or pollutants shall escape the site.
m..A plan shall be prepared and submitted to both Public Works and Planning Departments
identifying wind barriers around remediation equipment.
n. Site plans and elevations depicting the height and material of all retaining walls, walls, and fences
consistent with the grading plan shall be submitted to and approved by the Planning Department.
Double walls shall be prohibited. Prior to the construction of any new walls, a plan must be
submitted identifying the removal of any existing walls next to the new walls, and shall include
approval by property owners of adjacent properties. The plans shall include section drawings, a
site plan and elevations. The plans shall identify materials, seep holes and drainage.
4. 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.
(37) November, 6, 2000 - Council/Agency Minutes - Page 37
b. All Fire Department requirements shall be noted on the building plans. (FD)
Residential type structures on the subject property shall be constructed in compliance with the
State acoustical standards set forth for units that lie within the 60 CNEL contours of the property.
Evidence of compliance shall consist of submittal of an acoustical analysis report and plans,
prepared under the supervision of a person experienced -in fhe field of acoustical engineering, with
the application for building permit(s). (Code Requirement)
d. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the
building permit application. This analysis shall include on -site soil sampling and laboratory
testing of materials to provide detailed recommendations regarding: grading, foundations,
retaining walls, streets, utilities, and chemical and fill properties of underground items including
buried pipe and concrete and the protection thereof. (Code Requirement)
An engineering geologist shall be engaged to submit a report indicating the ground surface
acceleration from earth movement for the subject property. All structures within this development
shall be constructed in compliance with the g-factors as indicated by the geologist's report.
Calculations for footings and structural members to withstand anticipated g-factors shall be
submitted to the City for review prior to the issuance of building permits. (Code Requirement)
5. Prior to issuance of building permits, the following shall be completed:
a. Submit 8 inch by 10 inch colored photographs of all colored renderings, elevationsmaterials
,
sample board, and massing model to the Planning Department for inclusion in the entitlement file.
b. The subject property shall enter into an irrevocable reciprocal driveway easement between the
subject site and adjacent westerly property for the entire th of the westerly property line. The
leng
subject property owner shall be responsible for making necessary improvements to implement the
reciprocal driveway. The legal instrument shall be submitted to the Planning Department a
minimum of 30 days prior to building permit issuance. The document shall be approved by the
Planning Department and the City Attorney as to form and content and, when approved, shall be
recorded in the Office of the County Recorder prior to final building permit approval. A copy of
the recorded document shall be filed with the Planning Department for inclusion in the entitlement
file prior to final building permit approval. (Code Requirement)
(38) November 6, 2000 - Council/Agency Minutes - Page 38
c. The applicant shall enter into an agreement to provide very low income and low income units with
the City of Huntington Beach. The applicant shall designate 47 units (44.3 percent) for persons of
very low income and 59 units (55.6 percent) for persons of low income. Income levels shall be
based on the County Median and shall be further defined as depicted in the following chart:
House-
County
24 Very Low
23 Very Low
30 Low Units
29 Low Units
hold
Median
Units
Units
Income between
Income between
Size
Income between
Income between
51-65% of
66-80% of
0-35% of
36-50% of
County Median
County Median
County Median
County Median
(Category C)
(Category D)
(Category A)
(Category B)
1
$47,800
$16,730
$23,900
$31,070
$38,240
2
$54,650
$19,127
$27,325
$35,522
$43,720
This agreement shall be reviewed and approved as to form and content by the City Attorney. The
City Attorney shall also review and approve a covenant to be recorded on the property specifying
the terms and conditions of maximum income and maximum rental levels as discussed here. The
covenant shall be recorded on "the property prior to issuance of building permits.
Income restrictions shall be adjusted on an annual basis to reflect current County Median numbers.
All adjustments shall be reflected and verified during the six month or annual review.
d.. Maximum rental rates shall be determined as indicated by the by the following example and the
following chart:
Example: Maximum Rent I Person Household Earning up to 35% of County Median
$47,800 (county median)
x .35% (35% of county median)
= $16,730 (maximum income)
x 30% (maximum amount of income towards housing expenses)
= $5,019 (yearly housing expenses)
divided by 12 (months/year)
= $418.00 (Maximum rent if utilities paid by property owner); or
minus $28.00 (utility expense)
= $390.00 (Maximum rent per month when utilities paid by tenant)
(39) November 6, 2000 - Council/Agency Minutes - Page 39
Utilizing the above formula, maximum rental rates have been determined as follows:
Unit Type and Income Levels
I Person Household
2 Person Household
Alaximum Rent*
Ma-rimum Rent*
24 Very Low Units
$390.00
$450.00
Income between 0-35% County Median
(Category A)
23 Very Low Units
$569.00
$655.00
Income between 36-50% of County Median
(Category B)
30 Low Units
$748.00
$860.00
Income between 51-65% of County Median
(Category C)
29 Low Units
$928.00
$1,065.00
Income between 66-80% of County Median
(Category D)
106 Total Units
* $28.00 may be added to each maximum rent if all utilities are paid by the property owner
Rental rates shall be adjusted on an annual basis to reflect current County Median numbers. All
adjustments shall be reflected and verified during the six month or annual review.
An interim parking and/or building materials storage plan shall be submitted to the Planning
Department to assure adequate parking and restroom facilities are available for employees,
customers and contractors during the project's construction phase and that adjacent properties will
not be impacted by their location. The applicant shall obtain any necessary encroachment permits
from the Department of Public Works.
£ An "Acceptance of Conditions" form shall be properly executed by the applicant and an
authorized representative of the owner of the property. The "Acceptance of Conditions" shall be
recorded on the property at the Orange County Recorder's Office and a certified copy returned to
the Planning Department for inclusion in the entitlement file. A copy of the recorded document
and the conditions of approval for the project shall be provided to the management company.
g. All Public Works fees shall be paid. (PW)
h. A grading permit shall be issued. (PW)
6. During demolition, grading, site development, and/or construction, the following shall be adhered to:
a. Water trucks shall be utilized on the site and shall be available throughout the day during site
grading to keep soils damp enough to prevent dust raised by the operations. (P`V)
(40) November 6, 2000 - Council/Agency Minutes - Page 40
b. All haul trucks shall arrive at the site no earlier than 8:00 AM or leave the site no later than 5:00
PM and shall be limited to Monday through Friday only. (P`V)
c. Wet down areas in the late morning and after work is completed for the day.(PW)
d. The construction disturbance area shall be kept as small as possible. (PW)
e. All haul trucks shall be covered or shall have water applied to exposed surfaces prior to leaving
the site to prevent dust from impacting the surrounding areas. (P`V)
f. Prior to leaving the site all haul trucks shall be washed off on -site on a gravel surface to prevent
dirt and dust from leaving the site and impacting public streets. (PW)
g. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and
noise to surrounding areas. (PW)
h. Wind barriers shall be installed along the perimeter of the site. (P`V)
i. If applicable, any remediation operations shall be performed in stages concentrating in single areas
at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PVC
j. Use low sulfur fuel (.05%) by weight for construction equipment.
k. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog
alerts).
1. Discontinue construction during second stage smog alerts.
m. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone
number of a field supervisor to contact for information regarding the development and any
construction/ grading activity. (PW)
7. Prior to final building permit inspection and issuance of a Certificate of Occupancy, the following
shall.be completed:
a. All improvements to the property shall be completed in accordance with the approved plans and
conditions of approval specified herein, including:
1) A new sewer lateral shall be required. (PR)
2) All new and existing utilities shall be installed underground. (PW)
3) The existing speed bumps in the alley shall be painted white. (P`V)
(41) November 6, 2000 - Council/Agency Minutes - Page 41
4) The existing driveway approach shall be removed and replaced with a commercial driveway
approach per current City standards. (PNV)
5) The proposed entry arch shall be clear of the east -west drive aisle for the adjacent shopping
center that is located near this arch. (P«)
6) The existing water meter and service serving the site may potentially be utilized for irrigation
purposes if it is of adequate size, conforms to current standards, and is in working condition as
determined by the Water Division; however, the meter shall be replaced with a touch -read
meter. (PW)
7) A new domestic water service shall be installed per Water Division standards and sized to
meet the minimum requirements set by the Uniform Plumbing Code (UPC) [minimum 2
inches in size]. All meters shall be a touch read type. (P`V)
8) If fire sprinklers are required for the proposed building, the building shall have a separate fire
service with an appropriate backflow protection device. (PVV
9) Separate backflow protection shall be installed per the City of Huntington Beach Water
Division standards for domestic, irrigation and fire water services. (PtiV)
10) The applicant shall remove and replace the existing asphalt driveway located on the west side
of the property. (P`V
11) The applicant shall remove the existing block wall adjacent to the public alley to the east and
replace it with an 8 foot high solid grouted block wall on the private side of the property line.
(PNV)
12) An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department
regulations. Shop drawings shall be submitted and approved by the Fire Department prior to
system installation. (FD)
13)A fire alarm system will be installed to comply with Huntington Beach Fire Department and
Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire
Department prior to installation. The system will provide the following:
a) manual pull stations,
b) water flow, valve tamper and trouble detection,
c) 24 hour supervision,
d) smoke detectors,
e) annunciation,
f) audible alarms,
g) graphic display, and
h) voice communication (FD)
(42) November 6, 2000 - Council/Agency Minutes - Page 42
14) A Class III 'yet standpipe system shall be installed. Prior to system installation, shop
drawings shall be submitted to the Public «'orks Department and approved by the Fire
Department. (FD)
15) Fire hydrants shall be installed before combustible construction begins. Prior to
installation, shop drawings shall be submitted to the- Public Works Department and approved
by the Fire Department. Your project requires two fire hydrants (City Specification No.
407). (FD)
16) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD)
17) Fire access roads shall be provided in compliance with City Specification No. 401.
Include Circulation Plan and dimensions of all access roads. In addition, see City -
Specification No. 402 spelling out minimum 13 feet, six inches distance requirement for
archways. (FD)
18) For Fire Department approval, submit a Fire Protection Plan in compliance with City
Specification No. 426. (FD)
19) Address numbers shall be installed to comply with City Specification no. 428. (FD)
20) Elevators shall be sized to accommodate an ambulance gurney. The minimum
dimensions are six feet, eight inches wide by four feet, three inches deep with a 42 inch
(minimum) right or left side opening. Center opening doors require a 54 inch depth. (FD)
21) Exit signs and exit path markings shall be provided in compliance with the Huntington
Beach Fire Code and the Califomia Administrative Code, Title 24. (FD)
22) Fire extinguishers shall be installed and located in areas to comply with Huntington
Beach Fire Code standards(FD)
b. The applicant shall obtain any necessary permits from the South Coast Air Quality Management
District and submit a copy to Planning Department.
c. Compliance with all conditions of approval specified herein shall be accomplished and verified by
the Planning Department.
d. All building spoils, such as unusable lumber, ,Nire, pipe, and other surplus or unusable material,
shall be disposed of at an off -site facility equipped to handle them.
8. The use shall comply with the following:
a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted,
marked, and maintained. If fire lane violations occur and the services of the Fire Department are
required, the applicant will be liable for expenses incurred. (FD)
(43) November 6, 2000 - Council/Agency Minutes - Page 43
b. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
The comprehensive Management Plan submitted on March 6, 2000 shall constitute the final
Management Plan for the facility.. All present and future property owners and managers shall
abide by the provisions of the Management Plan for operation of the SRO facility. The
Management Plan establishes management policies, operations, emergency procedures, security
program including video cameras monitoring building access points, rental procedures and rates,
maintenance plans, staffing needs, and tenant mix, selection, and regulations to be carried out
during operation of the SRO use.
d. An on -site 24-hour manager is required and shall abide by the provisions of the Management Plan
discussed throughout these conditions of approval.
No more than one person shall be permitted to reside in any unit which is less than 220 square feet
in size. No more than tw'o persons shall be permitted to reside in any unit, excluding the
manager's unit. Furthermore, occupancy shall be limited to one person maximum in at least 91 of
the total rental units regardless of floor area size. The remaining 15 of the total rental units may be
occupied by two persons if the floor area is at least 338 square feet in size.
f. All common indoor space shall have posted in a conspicuous location a notice from the City's
Planning Department regarding contact procedures to investigate housing code violations.
g. A minimum of two pay telephones shall be provided in the lobby area. The telephone service
shall allow only outgoing calls.
h. All pool gates and emergency exits around the recreation area shall be posted with "Emergency
Exit Only" signs and shall be locked to prevent entry but shall allow exiting as required by the
Building and Safety and Fire Departments.
i. All access to the site shall be from the main entry located on the west side of the building.
Residents and guests shall not be provided with access keys or cards to any other exterior door or
entry except for the bicycle storage area.
j. . The projections and recesses in the building fagade creates alcoves. Landscaping in the alcove
areas shall be limited to turf only with no shrubs or other intensive landscaping. All shrubs shall
be limited to a maximum height of two feet. (PD)
k. No gate or restricted vehicle access shall be added to the property at any time without prior written
approval of the Planning, Public Works, and Fire Departments. Any future gates at the vehicular
accessway shall comply with City Fire Specification No. 403.
(44) November 6, 2000 - Council/Agency Minutes - Page 44
1. The project shall be subject to review and on -site inspection by the City which includes the review
of management services. The property will be subject to a review every six months for the first
three years of operation and shall be subject to an annual review thereafter. This review schedule
shall start anew each time the ownership or management company at the site is amended. The
SRO project owner shall be responsible for filing a sixth month or annual report to the
Departments of Planning and Economic Development. The sixth month or annual report shall
consist of the range of monthly rents, the monthly income of residents, occupancy rates, and the
number of vehicles owned by residents.
M. Only the uses described in the narrative shall be permitted.
n. The exterior and common areas of the site shall be subject to random inspections by Code
Enforcement staff, at the discretion of the Plang Department. This condition shall not be
nin
interpreted to imply that privacy rights normally enjoyed by tenants of the facility may be
compromised.
o. Leases shall be a minimum of one month; no weekly leases shall be offered.
9. The Planning Director ensures that all conditions of approval herein are complied,with. The Planning
Director shall be notified in writing if any changes to the site plan, elevations and floor plans are
proposed as a result of the plan check process. Building permits shall not be issued until the Planning
Director has reviewed and approved the proposed changes for conformance with the intent of the
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. Negative Declaration No. 99-11 and Conditional Use Permit No. 99-31 (R) shall not become
effective until the ten calendar day appeal period has elapsed
2. Negative Declaration No. 99-11 and Conditional Use Permit No. 99-31 (R) shall become null and
void unless exercised within one year of the date of final approval or such extension of time as may
be granted by the Director pursuant to a written request submitted to the Planning Department a
minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Negative Declaration No. 99-11 and
Conditional Use Permit No. 99-31 (R), pursuant to a public hearing for revocation, if any violation
of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code
occurs.
4. All applicable Public Works fees shall be paid.
(45) November 6, 2000 - Council/Agency Minutes - Page 45
5. 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. Construction shall be limited to Monday Saturday 7 00.` AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays..
7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of
Determination at the County of Orange Clerk's Office. The check shall be made out to the County
of Orange and submitted to the Planning Department within two (2) days of the Planning
Commission's action.
8. All landscaping shall be maintained in a neat and clean manner, and in conformance with the
HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of
Planning and Public Works for Code requirements. Substantial changes may require approval by the
Planning Commission.
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. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of
Occu anc ,
P: Y
11. Park'Land In -Lieu Fees shall be paid based upon the August, 1998 City park land appraisal value of
$516,500 per acre pursuant to Section 254.08.H. of the HBZSO prior to issuance of building permits.
12. School impact fees, as negotiated with the school district, shall be paid prior to issuance of building
permits.
13. An encroachment permit shall be required for all work within the right-of-way. (PW)
14. Development shall meet all local and State _regulations regarding installation and operation of all
underground storage.tanks. (FD)
15. A Certificate of Occupancy must be issued by the. Planning Department and Building and Safety . .
Department prior to occupying -the building.