HomeMy WebLinkAbout2001-10-15Minutes
City Council/Redevelopment Agency
City of Huntington Beach
5:00 P.M. - Room B-8
7:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
Monday, October 15, 2001
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 Julien Houchen called the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Boardman, Cook, Julien Houchen, Dettloff, Bauer (Green arrived 5:05 p.m.)
Absent: Garofalo
(City Council/Redevelopment Agency) Study Session Presentation by the Community
Services Department Re: the Park In -Lieu Fee Nexus Study — Directed Staff to Return to
Council in March 2002 with a Draft of a Park In -Lieu Fee Ordinance (340.20)
Community Services Director Ron Hagan announced that the scheduled presenter from Pulse
Marketing is not able to attend the study session. Director Hagan presented a status report of
the activities to date regarding the park in -lieu fee and nexus study, from a PowerPoint version
of the communication included in the agenda packet titled City of Huntington Beach, Park
Strategy and Fee !Nexus Study, Summary of Key Findings and Policy Options. The
presentation included funding concepts for Council discussion.
Community Services Director Hagan spoke regarding asset analysis, referring to the section in
said communication titled IV. Portfolio Analysis. He stated that the city has an aging park
system, reiterating from the report that of the city's 69 existing parks, only nine were added to
the system in the last 16 years.
Director Hagan informed Council that the survey was conducted on 400 households in the city.
Referring to the section of the survey titled V. Use and Opinion Research, Director Hagan stated
that approximately 98% of those polled expressed support for the Huntington Central Park
Master Plan. He further reported that this statistic includes the Urban Forest.
Director Hagan highlighted that in the category of what residents considered as priorities,
(headed as Resident Priorities in the portion of the survey titled V. Use and Opinion Research),
only 72% of those polled favor constructing a new senior center.
(2) October 15, 2001 - Council/Agency Minutes - Page 2
Mayor Pro Tern Cook inquired if the aforementioned questions were asked with a price tag
attached, to which Director Hagan stated it was prefaced with a question if the residents were
willing to pay for the services proposed.
Director Hagan spoke regarding the process involved with specific demographic groups being
asked to prioritize their needs. He stated an example contained in the category, Resident
Priorities of the section, V. Use and Opinion Research, which sets forth that the survey was
conducted on a composite basis, using various factors such as age and length of residency.
Director Hagan addressed resident support for increased park fees to be made to corporations,
rather than to residents, as referenced in the category headed Resident Funding of section V.
Use and Opinion Research. He spoke regarding the option proposed to establish a special park
district, which is reflected in this same section and is supported by 57% of city residents.
Director Hagan informed Council that it is interesting to note that 66% of business owners/
employees use the city's park facilities, as shown in the category headed Business Use
Patterns, and contained in the section titled V. Use and Opinion Research. He stated that there
are 7600 businesses in the city.
With regard to section VI. Impact Analysis, Director Hagan stated that the survey did not double -
dip in resident statistics; that the residents were deleted from the count where necessary.
Director Hagan reiterated from the category, Land Acquisition of the section titled VIL Priorities
for the Future, that future acquisition of the Edison parcels have been taken into account. He
approximated that $7 million dollars are funded for the Park Plan, while acquisition costs for the
four projects listed in this category are estimated at under $6.4 million.
Director Hagan elaborated on the category titled Comparative Analysis, from the section titled
Vlll. Park Fees and Quimby. He differentiated between the city's, and most other cities' park
fee ordinances with respect to resident unit, average occupancy, and density requirements.
Director Hagan spoke regarding the city's Capital Improvement Program. He clarified from this
section that while other park ordinances are based on site specific land valuation, the city can
use park fees anywhere in the city to meet the test of the Quimby Act; it is not location -specific.
Regarding the category titled Understanding Nexus in the section, IX. Nexus Issues, Director
Hagan reiterated the meaning of nexus as the "direct connection between the development
project paying the fee and the public improvement being financed with the fee."
In reference to IX. Nexus Issues, in the category titled The Connection is Solid, Director Hagan
provided the statistics between the total amount of any fee charged and the portion attributable
to each type of development as 96% residential and 4% commercial and industrial business
use.
Director Hagan spoke regarding IX. Public Policy Options, and the category on enhancing the
existing ordinance.
(3) October 15, 2001 - Council/Agency Minutes - Page 3
Director Hagan presented the proposed Community Services recreation card, whereby card
carriers pay an annual fee per household. He stated that the city publication, The Sands could
offer a coupon for membership discounts at the MSI (Management Institute Services) rate to be
used to pay costs for city activities and functions.
Director Hagan requested Council to view the last four pages of the report titled Table V11-1. City
of Huntington Beach — Acquisition, Development and Rehabilitation Projects — 2000-2010.
Counciimember Bauer noted the existence of various additional projects listed, which are not
directly related to the nexus study.
City Administrator Ray Silver ascertained from Assistant City Attorney Scott Field that it will take
120 days to draft a park -in -lieu fee ordinance. Assistant City Attorney Field clarified that staff is
reviewing ordinances from other cities.
Counciimember Green determined that the study divides the city into four areas. He inquired if
there are residents in any section of the city who believe their particular neighborhood has been
neglected.
Director Hagan responded that while the Huntington Harbour neighborhood residents have
expressed some dissatisfaction with facilities; that most residents - namely from the downtown
and central portions of the city - are satisfied with the types of programs planned for their area.
Director Hagan informed Council that the city has scored 80% and above in all areas of the
survey.
Council thanked Community Services Director Hagan for his comprehensive report.
Motion to Recess to Closed Session — Approved
A motion was made by Cook, second Boardman to recess to Closed Session on the following
items. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: Garofalo
1. (City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to
confer with its attorney regarding pending litigation which has been initiated formally and to
which the city is a party. The title of the litigation is Estates at Seacliff Homeowners
Association v. City of Huntington Beach; Orange County Superior Court Case
No. OOCC01466. Subject: Estates at Seacliff Homeowners Association v. City of
Huntington Beach. (120.80)
2. (City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet
with its designated representatives, Agency Negotiators: William Workman, Assistant City
Administrator, William Osness, Personnel Director; Richard Whitmore, Esq. of Whitmore,
Johnson & Bolanos; and Steven M. Berliner, Esq. of Liebert, Cassidy and Frierson regarding
labor relations matters - meet and confer with the following employee organizations:
HBMEA and HBMEO. Subject: Labor Relations - Meet & Confer. (120.80)
(4) October 15, 2001 - Council/Agency Minutes - Page 4
3. (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 Russell Reinhart v. City of Huntington
Beach, et al.; U.S. District Court Case No. SACV 00-11598 RJK (MANx). Subject: Russell
Reinhart v. City of Huntington Beach, et al. (120.80)
4. (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 Huntington Beach Police Officers
Association v. City of Huntington Beach; Orange County Superior Court Case
No. OOCC13068 [Pacific Care]. Subject: Huntington Beach Police Officers Association
V. City of Huntington Beach. (120.80)
5. (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 Huntington Beach Police Officers
Association, et al. v. City of Huntington Beach, et al.; Orange County Superior Court
Case No. OOCC15105 [Per Diem]. Subject: Huntington Beach Police Officers
Association, et al. v. City of Huntington Beach, et al. (120.80)
6. (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 Huntington Beach Police Officers
Association v. City of Huntington Beach; Orange County Superior Court Case
No. OOCC10254 [Workers' Comp/Health Insurance]. Subject: Huntington Beach Police
Officers Association v. City of Huntington Beach. (120,80)
7. (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 Opp v. City of Huntington Beach,
et al.; Court of Appeals, Fourth Appellate District, Division 3, Case No. G025947 (Opp 1).
Subject: Opp v. City of Huntington Beach, et al. (Opp l). (120.80)
8. (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 Opp v. City of Huntington Beach,
et al.; Orange County Superior Court Case No. 748927 (Opp 11). Subject: Opp v. City of
Huntington Beach, et al. (Opp 11). (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 7:20 P.M. — Council
Chambers
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Mayor Julien Houchen asked Assistant City Attorney Scott Field if there were any actions taken by
the City Council or Redevelopment Agency in Closed Session that required a reporting. Assistant
City Attorney Field responded that there were no actions to report.
(5) October 15, 2001 - Council/Agency Minutes - Page 5
City Council/Redevelopment Agency Roll Call
Present: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
Absent: None
Flag Ceremony and Pledge of Allegiance— Cub Scouts, Webelos, Pack 1, Den 5, from
Peterson School, Seacliff School and Huntington Christian School. Cub Scout Leader,
Laurie Rebd.
Invocation — Reverend Peggy Price, Huntington Beach Church of Religious Science.
City Clerk Announced Late Communications
Pursuant to the Brown Act (Open Meetings Act) the City Clerk announced the following Late
Communications received by her office which pertain to items on the agenda:
Slide show presentation dated October 15, 2001 from the Economic Development Department titled
Department Spotlights - Economic Development Department.
Slide show presentation dated October 15, 2001 from Shari Freidenrich, City Treasurer titled
Treasurer's Report.
Slide show presentation dated October 15, 2001 from the Planning Department titled Appeal of
Conditional Use Permit No. 00-58 — Chevron Station.
Slide show presentation dated October 15, 2001 from the Public Works Department titled Public
Works Commission Duties — Review Proposed Crosswalk Removal and Infrastructure Advisory
Board.
Slide show presentation dated October 15, 2001 from the Public Works Department titled Ballot
Measures — City of Huntington Beach Special Municipal Election — March 5, 2002. (Relative to
proposed Charter Amendment regarding the Infrastructure.)
Communication dated October 15, 2001 from the City Attorney's Office transmitting revised
Resolution Nos. 2001-79, 2001-80 and 2001-81. Revisions concern the ballot question relating to
the "Property Rights Protection Measure."
Presentation — To Mayor Pam Julien Houchen, City Council, and City Administrator Ray Silver,
by Susan Johnson, Coastal Regional Manager and Allan Pabian, Account Executive, of the
Orange County Register; of plaques for Huntington Beach being voted as "The Best City to Live
In" and for the 4t' of July Parade being voted "Best Parade" in Orange County. Mr. Pabian
announced that Huntington Beach won over 33 other cities in the County. (160.40)
Presentation — By Mayor Pam Julien Houchen to Police Captain Bill Mamelli who accepted on
behalf of Officer Bruce Bradley, a Proclamation endorsing the Huntington Beach Youth Summit
taking place in February 2002. The Summit will provide close to one hundred local high school
students an opportunity to develop their leadership skills in order to deal with adolescent drug
and alcohol issues. The students will be selected from each of the high schools that make up
the Huntington Beach Union High School District. (160.40)
(6) October 15, 2001 - Council/Agency Minutes - Page 6
Mayor's Award to Associate Planner, Jane James, Planning Department. Planning Director
Howard Zelefsky announced that Planner James has the distinction of being one of the best
employees in the city. Director Zelefsky named only a few of the many planning projects in
which Ms. James has been involved. (120.70)
Public Comments
Fred Provenchez, Chair, Human Relations Task Force, extended an invitation to all to the
Cultural Diversity Festival at Huntington Central Park, scheduled for Sunday, October 21, 2001.
Shirley Carey, Pride Foundation representative, announced the "Pennies for Prevention"
campaign to support and maintain the DARE Officer and the drug prevention program at
schools. She stated that the drive raised $12,000 last year. Ms. Carey furnished the date and
place where pennies can be donated: October 26, 2001 at the Bank of America branch located
at Delaware and Main Streets.
Tom Richins addressed the issue of police helicopters allegedly flying over his residence at all
hours of the night. He stated that they circle 10 to 20 minutes at a time, causing disturbance in
his sleep. Mr. Richins recommended that the helicopters operate during normal business hours,
stating that he is a bodyguard and understands the need for the helicopter patrol.
Brian Bauer spoke in opposition to the noise emanating from produce trucks, which he stated
travel frequently down Florida Street near his residence.
Dean Albright requested combining the proposed ballot measures on the utility tax and the
infrastructure measure. Mr. Albright stated that this would ensure that the tax proceeds are
directed into the infrastructure funds.
Steve Gullage, Huntington Beach Mobile Home Owners Association (HBMOA) spoke in
opposition to the format of petition which had been circulated on the Property Rights Protection
Measure. Mr. Gullage requested the City Attorney to take action to .invalidate the petition
sections which he believes are affected.
Don McGee informed dog owners of an available Dog Park in Costa Mesa close to the 405
Freeway. He voiced his objection to the alleged actions of other agencies relative to the sewer
and water quality issues which adversely affect Huntington Beach. Mr. McGee spoke in
opposition to the proposed Charter Amendment (Property Rights Protection Measure).
Karen Jackle recommended that the subcommittee of the Public Works Commission on the .
infrastructure include volunteers. Ms. Jackle concurred with the previous speaker's request that
the ballot items on the utility tax and the infrastructure be combined on one measure.
Dick Harlow complimented Mayor Julien Houchen on her selection of Associate Planner
Jane James for the Mayor's Award. Mr. Harlow spoke in support of the agenda item for
approval of Amendment No. 1 to the Professional Services Contract with Frank Wilson &
Associates for the implementation of the Infrastructure Improvement Program.
(7) October 15, 2001 - Council/Agency Minutes - Page 7
(City Administrator's Report) Presentation Made in Response to Council Inquiry on the
History of City and County -Wide Sales Tax Growth, Major Industrial Development and
Job Creation Highlights within the City — Councilmember Garofalo requested Staff to
Furnish 6-Month Update on Property Values and Industrial/Commercial/Retail
Businesses (160.40)
City Administrator Ray Silver presented the PowerPoint presentation titled Department
Spotlights — Economic Development Department, which had been announced earlier by the City
Clerk as a Late Communication. The slide report addressed the history of sales tax growth for
Huntington Beach and other Orange County cities, including major industrial project
development and job creation highlights within the city.
City Administrator Silver reviewed the retail sales history and furnished statistics on the
incremental sales tax revenue. He stated that key to this process is the City Council's adoption
of the Economic Development Strategy on how to increase the sales tax base.
Councilmember Garofalo commended staff for the excellent report, and requested an update
every six months regarding property values and the progress of industrial, commercial, and
retail business square footage.
(City Council) Reviewed and Accepted Shari Freidenrich, the City Treasurer's August
2001 Report, City of Huntington Beach Summary of City Investment Portfolio, Bond
Proceeds, and Deferred Compensation Activity (310.20)
The City Council considered a communication from City Treasurer Shari Freidenrich
transmitting the Monthly Investment Report for August 2001.
City Treasurer Freidenrich delivered the PowerPoint presentation titled Treasurer's Report,
which had been announced earlier by the City Clerk as a Late Communication. She stated that
the decline for July to August 2001 is typical, and that the city is in compliance with the city's
Investment Portfolio.
City Treasurer Freidenrich announced that her office will present the Annual Joint Meeting of the
City Council and the Investment Advisory Board in November 2001.
A motion was made by Garofalo, 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, Bond Proceeds, and Deferred Compensation Activity for August 2001,
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: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(8) October 15, 2001 - Council/Agency Minutes - Page 8
(City Council) Held Public Hearing Continued Open from October 1, 2001 (Original Public
Hearing Opened and Closed May 7, 2001) - Upheld Planning Commission's Approval of
Conditional Use Permit No. 00.58 Adopting Design Review Board (DRB) Revised
Architecture Recommendations for Chevron Station at the S!W Corner of Warner Avenue/
Goldenwest Street - Applicant: RHL Design Group, Inc./Larry Tidball (Includes Request
for Alcoholic Beverage Permit) - Directed Staff to Track MTBE and Provide Reports to
Council Upon Request (420.40)
Mayor Julien Houchen announced that this was the time scheduled for a public hearing to consider
communication from the Planning Department:
Applicant: RHL Design Group/Larry Tidball, 1201 S. Beach Boulevard, Suite No. 207,
La Habra, CA 90631.
Appellant: Debbie Cook, Huntington Beach Mayor Pro Tempore
Request: Appeal of the Planning Commission's approval to permit the construction and
operation of a service station. Conditional Use Permit No. 00-58 represents a request to:
a) demolish the existing service station facility and permit construction of a service station with a
convenience market, a freestanding gas pump canopy, two self-service pump islands with four
dual -sided pumps, two underground storage tanks and associated site improvements on a
22,500 sq. ft. corner lot; and b) permit alcoholic beverage sales (beer and wine) for off -site
consumption.
The project was referred to the Design Review Board by the.City Council at their public hearing
of May 7, 2001. The Design Review Board reviewed the project on September 13, 2001, with a
recommendation to the City Council for consideration and final action.
Location: 6972 Warner Avenue (southwest corner of Warner Avenue and Goldenwest Street),
Environmental Status: This agenda item is categorically exempt from the provisions of the
California Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
Planning Director Howard Zelefsky presented the PowerPoint slide report that had been
announced earlier by the City Clerk as a Late Communication. Director Zelefsky referred to the
elevation map on the wall.
Mayor Pro Tern Cook informed Council of a meeting between Councilmembers Bauer and
Boardman and herself concerning MTBE. She inquired as to whom the city consults with
regarding consideration of the extraction of contaminated gas on any one of the service station
sites. Mayor Pro Tern Cook related her understanding that it had been determined in the
interest of public safety to leave the subject property unoccupied.
Planning Director Zelefsky responded to Mayor Pro Tern Cook's question, that Fire Department
staff meets with other city officials to monitor issues relative to MTBE.
Public Works Director Robert F. Beardsley reported that the contaminated gas clean up that
took place to which Mayor Pro Tern Cook was referring, was in response to a situation that
(9) October 15, 2001 - Council/Agency Minutes - Page 9
occurred on the corner of Warner Avenue and Beach Boulevard. Director Beardsley stated that
he did not have MTBE information immediately available on the site in question, the subject of
the public hearing.
Mayor Julien declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the PowerPoint
presentation delivered by the Planning Director titled Appeal of Conditional Use Permit
No. 00-58 — Chevron Station.
Don McGee questioned why the sales of alcoholic beverages at gas stations was ever
instituted, remarking on the combination of drinking and driving.
Richard Loyd, Chevron Products Company representative, informed Council of the
collaboration that has taken place between the Design Review Board and Planning staff to
follow the Council directions of the May 7, 2000 meeting regarding this project. He stated that
there have been several changes made on signage, as well as to architectural features.
Mr. Loyd described pedestrian accent additions and landscape revisions, stating his belief that
they are aesthetically pleasing to neighbors of the service station.
Larry Tidball, Architect for Chevron Company Products, announced that along with the
previous speaker, he is also available for questions regarding the design aspects of the project.
Richard Harlow informed Council that he is the representative for the developer. Mr. Harlow
spoke regarding the Design Review Board (DRB) process, enumerating the series of meetings
that he stated have taken place between the DRB and the Planning staff.
Mayor Pro Tern Cook inquired regarding the potential for MTBE being extracted at the gas
station site. Mr. Loyd responded that although he does not have the answer, a plan for
remediation is scheduled to address the issue.
Mr. Loyd reported that venting equipment typically remains onsite for one year, in response to
Councilmember Boardman's inquiry if said machinery used for the release of gas is intended to
be a permanent feature on the premises.
There being no persons present to speak further on the matter and there being no further
protests filed, either written or oral, the hearing was closed by the Mayor.
Councilmember Garofalo complimented staff for a job well done.
A motion was made by Garofalo, second Green to approve Recommended Action A (to
follow).
Prior to voting, Councilmember Dettloff informed Council that she will not support the motion,
stating reasons that the service station design, while improved, still lacks the quality to meet the
city's award -winning guidelines.
Councilmember Bauer ascertained from Planning Director Zelefsky that the design for the
service station located on the southeast corner of Bolsa Chica Street and Edinger Avenue had
been approved before institution of the Urban Design Guidelines.
(10) October 15, 2001 - Council/Agency Minutes - Page 10
Councilmember Bauer cautioned against MTBE being discharged into the aquifer, requesting
staff to monitor very closely.
Public Works Director Beardsley concurred and informed Council that his department is tracking
and will continue to work with agencies involved on all potentially affected sites.
A motion was made by Garofalo, second Green to 1. Approve Recommendation A - Conditional
Use Permit No. 00-58 with the revised architecture as recommended by the Design Review Board
with Findings and Conditions of Approval (Attachment No. 3 to follow'); and 2. Direct staff to
closely track MTBE and report to Council upon request. The motion carried by the following roll call
vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: Dettloff
ABSENT: None
Attachment No. 3f
Design Review Board Recommendation
9113101
Suggested Findings And Conditions of Approval
Conditional Use Permit No. 00-58
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 Class 2, Replacement or Reconstruction, Section 15302 of the CEQA Guidelines,
because replacement or reconstruction of existing structures and facilities where the new structure
will be located on the same site as the structure replaced and will have substantially the same
purpose and capacity as the structure replaced are exempt from further environmental review.
Findings for Approval - Conditional Use Permit No. 00-58:
Conditional Use Permit No. 00-58 for: a) the demolition of an existing service station facility
and establishment, maintenance and operation of a new service station with an approximately
2,000 sq. ft. convenience market and associated site improvements on a 22,500 sq. ft. project
site; and b) to permit the sale of alcoholic beverages (beer and wine) for off -site consumption
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
development is consistent with General Plan goals for high quality architecture and
incorporates landscaping along street frontages. The architectural treatment of the building
minimizes visual bulk and mass.
2. The conditional use permit will be compatible with surrounding uses because the project will
be designed to provide adequate space for passenger vehicle and truck access. The building
design will utilize colors and materials which will complement existing surrounding
development and will incorporate features such as projecting hip roof towers at the front and
rear of the building, a freestanding column entry portico, projecting metal trellises, spandrel
glass in -fills, stone veneer columns, recessed plaster wall planes, "cranberry" color storefront
(11) October 15, 2001 - Council/Agency Minutes - Page 19
frames and metal which will contribute towards achieving a high quality architectural design
and will encourage further improvement of existing surrounding development.
3. The proposed service station development plan 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 including street -side and corner landscape code requirements.
4. The granting of the conditional use permit will not adversely affect the General Plan because it
is consistent with the following goals and policies of the General Plan:
Goal LU 4: Achieve and maintain high quality architecture, landscape and public open spaces
in the City.
Policy LU 10.1.12: Require that Commercial General uses be designed and developed to
achieve a Nigh level of quality distinctive character and compatibility with existing uses
including the consideration of:
a. Incorporation of site landscape, particularly along street frontages and in parking lots.
Policy CE 7.2.3: Encourage that all proposed building sites adjacent to a scenic highway
include open space, plazas, gardens, or landscape areas which enhance the scenic highway
and create a buffer between the building site and the scenic highway.
Conditions of Approval
Conditional Use Permit No. 00-58
The plans and elevations received and dated September 7, 2001, shall be the conceptually
approved layout with the following modifications:
a. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
b. 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)
c. 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)
d. 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
(12) October 15, 2001 - Council/Agency Minutes - Page 12
shall be architecturally compatible with the building and non -obtrusive, not interfere with
sidewalk areas and comply with required setbacks.
e. Energy saving lamps shall be used. All outside lighting shall be directed to prevent
"spillage" onto adjacent properties and shall be shown on the site plan and elevations.
Outdoor lighting shall be located to maximize effective illumination and facility security.
(PD)
f. The emergency exit near the restrooms shall be alarmed at all times. (PD)
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.
e. All asbestos shall be removed from all buildings prior to demolition of any portion of any
building.
f. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of
the existing structures shall be submitted to the Department of Public Works and approved
by the Director of Public Works.
g. 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. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. (PW)
b. 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, foundations, streets, and utilities.
(PW)
(13) October 15, 2001 - Council/Agency Minutes - Page 13
c. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer. 'Best Management Practices" shall be
identified and incorporated into the design. (PW)
d. A remediation plan shall be submitted to the Planning, Public Works and Fire Departments
for review and approval in accordance with City specifications No. 431-92 and the conditions
of approval. The plan shall include methods to minimize remediation-related impacts on the
surrounding properties. (PW)
e. The name and phone number of a field supervisor hired by the developer 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 ft. indicating
whom to contact for information regarding this development and any construction/ grading
related 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 (714) 536-5517) regarding
grading and construction activities, and "1-800-CUTSMOG" if there are concerns regarding
fugitive dust and compliance with AQMD Rule No. 403. (PW)
f. The applicant shall notify all property owners and tenants within 300 ft. of the perimeter of
the property of a tentative grading schedule at least 30 days prior to such grading. (PW)
g. The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule
403 as related to fugitive dust control. (PW)
h. 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. (PW)
L A plan shall be prepared and submitted to both Planning and Public Works Departments
identifying wind barriers and screening around remediation equipment and materials. (PW)
j. A plan shall be prepared and submitted to the Public Works Department for review and
approval that details how all drainage associated with the remediation efforts shall be
retained on site and how no wastes or pollutants shall escape the site. (PW)
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.
b. All Fire Department requirements shall be noted on the building plans. (1FD)
(14) October 15, 2001 - Council/Agency Minutes - Page 14
5. Prior to issuance of building permits, the following shall be completed:
a. Submit a copy of the revised plans, pursuant to Condition No. 1 for review and approval and
inclusion in the entitlement file to the Planning Department and submit 8 inch by 10 inch
colored photographs of.all colored renderings, elevations, materials sample board, and
massing model to the Planning Department for inclusion in the entitlement file.
b. A Landscape Construction Set must be submitted to the Department of Public Works and
approved by the Departments of Public Works and Planning. 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 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 and shall be incorporated into the project's landscape plan (PW) (Code Requirement)
c. An interim parking and building materials storage plan shall be submitted to the Planning
Department to assure adequate parking and restroorn 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.
d. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural
and Landscape standards and specifications. (PW)
6. During demolition, grading, site development, and/or construction, the following shall be
adhered to:
a. Water trucks will be utilized on the site and shall be available to be used throughout the day
during site grading to keep the soils damp enough to prevent dust raised by the operations.
(PW)
b. Wet down areas to be graded or that are being graded in the late morning and after work is
completed for the day. (PW)
c. All haul trucks shall arrive at the site no earlier than 8:00 a.m., or leave the site no later than
5:00 p.m., and shall be limited to Monday through Friday only. (PVV)
d. The construction disturbance area shall be kept as small as possible. (PW)
e. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving
the site to prevent dust from impacting the surrounding areas. (PW)
f. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to
prevent dirt from leaving the site and impacting public streets. (PW)
(15) October 15, 2001 - Council/Agency Minutes - Page 15
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. (PW)
The remediation operations shall be performed in stages concentrating in single areas at the
time to minimize the impact of fugitive dust and noise to the surrounding areas. (PW)
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.
7. Prior to final building permit inspection and approval 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 6-inch sewer lateral shall be installed, unless the existing sewer lateral is verified
to be of adequate size and in satisfactory condition to serve the new building.
2) The existing water service currently serving the site may potentially be utilized for
domestic purposes if it is of adequate size, conforms to current standards, and is in
working condition as determined by the Water Division. If a new water service is
necessary, it shall be installed per Water Division standards and sized to meet the
minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code. (PW)
3) The existing water meter shall be replaced with a touch -read meter, and sized to meet
the minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code.
(PW)
4) Relocate the existing air and vacuum release assembly along Goldenwest Street so that
it is clear of the widened driveway. (PW)
5) A separate domestic/irrigation water meter and service, sized to meet'the minimum
requirements set by the Uniform Plumbing Code and the Uniform Fire Code, if
applicable. The service lateral shall be a minimum of 1-inch in size. Meter shall be
touch -read type. (PW)
6) Separate backflow protection shall be installed per the City of Huntington Beach Water
Division standards for domestic, irrigation and firewater services. (PW)
7) The two existing driveways nearest to the intersection of Goldenwest Street and Warner
Avenue shall be removed and replaced with curb, gutter and sidewalk. (PW)
8) Reconstruct the entire two driveways to be widened so that they meet current standards
and ADA requirements. (PW)
(16) October 15, 2001 - Council/Agency Minutes - Page 16
9) Remove and replace the existing wheelchair ramp with an ADA compliant wheelchair
ramp. (PW)
10) Maintain the existing bus stop and bus -shelter on the east side of the project. Re -paint
the red curb upon completion of the frontage work. (PW)
11) Installation of required landscaping and irrigation systems shall be completed prior to
final inspection within 12 months of entitlement. (PW)
12)All landscaping and planting installation shall be certified to be in conformance to the
City approved landscape plans by the Landscape Architect of record in written form to
the City Landscape Architect prior to final inspection and approval. (PW)
13) Applicant shall provide City with Microfilm copies (in City format) and C❑ (Auto CAD
only) copy of complete City approved landscape construction drawings as stamped
"Permanent File Copy' prior to starting landscape work. Copies shall be given to the
City Landscape Architect for permanent City record. (PW)
14) Motor Fuel Dispensing Areas — Areas used for motor fuel dispensing shall be paved with
concrete (no use of asphalt). Concrete surfacing to extend 6 %' from the corner of each
fuel dispenser in any direction. This distance may be reduced to the maximum length
that the fuel dispensing hose and nozzle assembly may be operated in any direction plus
one (1) foot. In addition, the fuel dispensing area shall be graded and constructed so as
to prevent drainage flow either through or from the fuel dispensing area. (PW)
15) Motor Fuel Dispensing Area Canopy — All motor fuel concrete dispensing areas shall
have a canopy structure for weather protection, extending over the motor fuel concrete
dispensing area. (PW)
16) Motor Fuel Concrete Dispensing Area Interruptible Drainage — The concrete motor fuel
dispensing area will be graded and constructed so as to drain to an underground
clarifier/slump/tank equipped with abut -off valve that can stop the further draining of
storm water or spilled material there from into the street or storm drain system. Spills
will be immediately cleaned up according to Spill Contingency Plan. (PW)
17) Trash Container (Dumpster) Areas — Trash container (dumpster) areas shall have
drainage from adjoining roofs and pavements diverted around the trash container
area(s). (PW)
18) For trash container areas associated with the fuel dispensing, vehicle
repair/maintenance, and industry, such areas shall be roofed over or drained to a water
quality inlet, engineered infiltration/filtration system, or equally effective alternative. (PW)
19) Self-contained Areas for Washing/Steam Cleaning/Maintenance/Repair/Materials
Processing -Self contained areas are required for washing/steam cleaning, wet material
processing, and maintenance activities, specifically where vehicle repair /maintenance
occurs, impermeable berms, drop inlets, trench catch basins, or overflow containment
structures shall be provided around repair bays to prevent the spilled materials and wash
down waters from entering the storm drain system. (PW)
(17) October 15, 2001 - Council/Agency Minutes - Page 17
20) Water Inlets -- Water Quality inlets designed to remove free phase liquid petroleum
compounds, grease, floatable debris, and settable solids can be used. (PW)
21) Fire extinguishers will be installed and located in areas to comply with Huntington Beach
Fire Code Standards. (FD)
22)Address numbers will be installed on all structures to comply with Fire Dept. City
Specification No. 428. (FD)
23) Exit signs and exit path markings will be provided in compliance with the Huntington
Beach Fire Code and Title 24 of the California Administrative Code. (FD)
24) Fire lanes shall be designated and posted to comply with City Specification 415. (FD)
25) Fire access roads shall be provided in compliance with City Specification 401. Include
the Circulation Plan and dimensions of all access roads. (FD)
26) Submit a Fire Protection Plan in compliance with City Specification 426 for Fire
Department approval. (FD)
27) Installation and/or removal of underground flammable or combustible liquid storage
tanks shall comply with Orange County Environmental Health and Huntington Beach
Fire Department requirements. (FD)
b. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable
material, shall be disposed of at an off -site facility equipped to handle them.
S. The use shall comply with the following:
a. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
b. No alcoholic beverage sales shall be permitted between the hours of 12:00p.m - 6:00a.m.
c. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board
(ABC) license, along with any special conditions imposed by the ABC, shall be submitted to
the Planning Department for the file. Any conditions that are more restrictive than those set
forth in this approval shall be adhered to.
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.
(18) October 15, 2001 - Council/Agency Minutes - Page 18
Information on Specific Code Requirements:
1. Conditional Use Permit No. 00-58 shall not become effective until the ten -calendar day appeal
period has elapsed.
2. Conditional Use Permit No. 00-58 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 City Council reserves the right to revoke Conditional Use Permit No. 00-58 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 fees from the Building, Public Works, and Fire Departments shall be paid prior to
the issuance of Building Permits.
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.
8. 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 $43.00 for the posting of the Notice of
Exemption at the County of Orange Clerk's Office. The check shall be made out to the County
of 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 permanent, temporary, or promotional signs shall conform to Planned Sign Program NO.
00-07. Prior to installing any new signs, changing sign faces, or installing promotional signs,
applicable permit(s) shall be obtained from the Planning Department. Violations of this
ordnance requirement may result in permit revocation, recovery of code enforcement costs,
and removal of installed signs.
10. Traffic Impact Fees shall be paid. (PW)
11. Standard landscape code requirements apply (Chapter 232 of the HBZSO). (PV0
12. State -mandated school impact fees shall be paid prior to issuance of building permits.
13. A Certificate of Occupancy must be issued by the Planning Department and Building and
Safety Department prior to occupying the building.
(19) October 15, 2001 - Council/Agency Minutes - Page 19
(City Council) Administrative Hearing — Adopted Resolution No. 2001-73 — Approving
Certification of Special Assessments for Delinquent Civil Fines for Municipal Code
Violations (570.60)
Mayor Julien Houchen announced that this was the time scheduled for an Administrative
Hearing to consider communication from the City Attorney and the City Treasurer as required by
the California Government Code Section 38377.5 for the purpose of certifying special
assessments against properties where public nuisances have occurred.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Mayor Julien Houchen opened the public hearing.
There being no persons present to speak on the matter and there being no protests filed, either
written or oral, the hearing was closed by the Mayor.
Assistant City Attorney Scott Field presented an oral report. He stated that the Request for
Council Certification of Recording Notices of Special Assessments against private property for
the value of unpaid civil fines, plus interest and penalties pursuant to Ordinance No. 3397, was
adopted by the City Council on June 15, 1998. He informed Council that said matters have
gone through the hearing process, and the fines have not been paid. Assistant City Attorney
Field referred to the list of properties contained on the last two pages of the staff report.
A motion was made by Cook, second Dettloff to adopt Resolution No. 2001-73 entitled "A
Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for
Collecting Delinquent Civil Fines for Municipal Code Violations." The motion carried by the
following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: None (Green, Garofalo out of the room)
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Sancon Engineering, Inc Contract for the Community Development Block Grant
(CDBG) 2000/2001 Sewer Lining Project; CC-1141 for the Gothard, Newland, Villa Yorba and
Washington Neighborhood Enhancement Areas - Notice of Completion (600.60)
(City Council) Resolution No. 2001-77 - Establishing a Policy Regarding Offers from Other
Public Agencies to Sell Surplus Real Property (100.10)
(City Council) Amendment No. 1 to the Professional Services Contract between the City and
Frank Wilson & Associates for the Implementation of Phase III of the Huntington Beach
Infrastructure Improvement, Public Outreach Program (600.10)
(20) October 15, 2001 - Council/Agency Minutes - Page 20
(City Council) Professional Services Contract between the City and Advocations, Inc. to Assist
in the Acquisition of State Funding for Priority Projects Within the City and with Related State
Legislative Issues (600.10)
Consent Calendar — Items Approved
On motion by Green, second Dettloff, Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council/Redevelopment Agency Regular meetings of September 4, 2001 as written and on
file in the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Adopted Resolution No. 2001-74 - Refunding Bonds for Community
Facilities Districts 1990-1 (Goldenwest Street and Ellis Avenue) (330.30) - Adopted
Resolution No. 2001-74 - "A Resolution of the City Council of the City of Huntington Beach
Authorizing the Issuance of 2001 Special Tax Refunding Bonds of the City for and on Behalf of
the City of Huntington Beach Community Facilities District No. 1990-1 (Goldenwest/Ellis Area),
Approving and Directing the Execution of a Fiscal Agent Agreement and an Escrow Agreement,
Approving the Sale of Such Bonds, and Approving Other Related Documents and Actions."
Submitted by the Administrative Services Director. Funding Source: Special Revenue
Refunding Bond Proceeds.
(City Council) Accepted Bid and Awarded Contract to Brongo Construction, Inc. for the
Water Pipeline Replacement Projects; CC-1170 — (1) Adams from 17t" to Huntington
(2) 17" from Palm to Utica (3) Alley between 12'h and 131" Streets from Palm Northerly
(4) Alley elo Huntington from Atlanta Northerly (600.60) - 1. Accepted the lowest
responsive/responsible bid submitted by Brongo Construction, Inc. and authorized the Mayor
and City Clerk to execute the approved construction contract for the Water Pipeline
Replacement Projects, CC-1170; and 2. Authorized the Director of Public Works to expend a
total of $1,475,499.25, which includes the bid cost of $1,217,879; bid alternate costs for
adjacent street paving improvements of $51,629.25; estimated contingency of $127,000
(approximately 10% of construction); $16,000 for construction support services and $63,000 for
supplemental expenditures. Submitted by the Public Works Director. Funding Source:
$1,475,500 - Water Account ($1,423,870) and Measure M Minor Street Improvements Account
($51,630).
(City Council) Accepted the Terra -Cal Construction, Inc. Contract for the Beach Boulevard
Median Improvements; CC-1143 and File a Notice of Completion (600.80) - Accepted the
Beach Boulevard Median Improvements CC-1143 at a final cost of $913,603 and authorized the
City Clerk to file a Notice of Completion with the County Recorder's Office. Submitted by the
Public Works Director. Funding Source: Federal Transportation Enhancement Activities (TEA)
Grant and Measure M funds.
(21) October 15, 2001 - Council/Agency Minutes - Page 21
(City Council) Accepted Bid and Awarded Contract to R.J. Noble Company for the
Construction of the Last Phase of the Yorktown Avenue Widening Project, CC-1017 (from
Delaware Street to Beach Boulevard) (600.50) - 1. Accepted the lowest responsible/
responsive bid submitted by R.J. Noble Company for the construction of the Yorktown Street
Widening Project, CC-1017; and 2. Approved and authorized the Mayor and City Clerk to
execute the construction contract between the City of Huntington Beach and R.J. Noble
Company in the amount of $464,696 for the construction of the Yorktown Street Widening
Project, CC-1017; and 3. Authorized the Director of Public Works to expend up to $534,400,
which includes the contract cost of $464,696, estimated contingency of $46,469, and $23,235 in
undesignated supplemental expenditures. Submitted by the Public Works Director. Funding
Source: $700,000 - Measure M, Yorktown Widening Account. (The widening of Yorktown
Avenue from Delaware Street to Beach Boulevard is the last phase of a multi -phase project to
improve Yorktown from Delaware to Newland Streets.)
(City Council) Approved the Release of Securities for Tract No. 14660 and Accepted the
Public Improvements (Shea Vickers Belmont, LLC) - s/e Corner of Gothard Street and
Ellis Avenue (420.60) - 1. Accepted the improvements constructed and dedicated for public
use with Tract No. 14660; and 2. Released Shea Vickers Belmont, LLC, Faithful Performance/
Labor and Material Bond No. 00-223-279 and Monument Bond No. 00-223-280 pursuant to
California Government Code Section No. 66499.7; and 3. Accepted Shea Vickers Belmont,
LLC's Guarantee and Warranty Maintenance Bond No. 00-223-279-A, the security furnished for
guarantee and warranty of improvements, and instruct the City Clerk to file the Fond with the
City Treasurer; and 4. Instructed the City Clerk to notify the developer, Shea Vickers Belmont,
LLC, of this action, and the City Treasurer to notify the Surety, American Home Assurance
Company, of this action; and S. Instructed the City Clerk to record the Notice of Acceptance of
Public Improvements (attached) with the Orange County Recorder. Submitted by the Public
Works Director. Funding Source: Not Applicable.
(City Council) Approved the Release of Securities for Tract No. 14352 and Accepted the
Public Improvements (JT Development Company, LLC) Main and 5`f' Streets and Orange
and Olive Avenues (420.60) -1. Accepted the improvements constructed and dedicated for
public use with Tract No. 14352; and 2. Released JT Development Company, LLC, Faithful
Performance/Labor and Material Bond No. 437455S and Monument Bond No. 437454S
pursuant to California Government Code Section No. 66499.7; and 3. Accepted JT
Development Company, LLC, Guarantee and Warranty Bond No. 437455S, the security
furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the
bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, JT
Development Company, LLC, of this action, and the City Treasurer to notify the Surety,
Developers Insurance Company, of this action; and 5. Instructed the City Clerk to record the
Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder.
Submitted by the Public Works Director. Funding Source: Not Applicable.
(City Council) Adopted Resolution No. 2001-75 Amending Resolution No. 5159 Imposing
a Criminal Justice Administration Fee for Recovery of Costs Incurred in Conjunction with
the Police Department Booking and Processing of Arrestees (340.20) - Adopted
Resolution No. 2001-75 - "A Resolution of the City Council of the City of Huntington Beach
Amending Resolution No. 5159 Entitled, "A Resolution of the City Council of the City of
Huntington Beach Establishing a City Fee Schedule" to Recover Administrative Costs Incurred
in Conjunction with Booking and Processing Arrestees (Police Department Services)
(Supplemental Fee Resolution No. 83)." Submitted by the Police Chief. Funding Source: This
(22) October 15, 2001 - Council/Agency Minutes - Page 22
is a revenue source. The only indirect costs would be preparation of additional paperwork to bill
the detainees, which is minimal. Revenues would be directed to the existing .sail Programs
Account.
(City Council) Approved Affordable Rental Housing Agreement for PLC (Siena
Apartments, a 29 Unit Project at nlw Corner of Main and Gothard Streets) (600.10) -
Approved the Agreement Containing Covenants Affecting Real Property (Affordable Rental
Housing) by and between the City of Huntington Beach and PLC, and authorized the Mayor and
City Clerk to execute (Attachment No. 1.) Submitted by the Planning Director. Funding Source:
Not Applicable.
(City Council) Adopted Resolution No. 2001-76 for Funding Application Under the Urban
Recreational and Cultural Centers, Museums, and Facilities for Wildlife Education or
Environmental Education Program (URCC) under the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Act of 2000 to Refurbish the Shipley
Nature Center in Huntington Central Park (340.80) - Adopted Resolution No. 2001-76 - "A
Resolution of the City Council of the City of Huntington Beach Approving the Application for
Grant Funds for Urban Recreational and Cultural Centers, Museums, and Facilities for Wildlife
Education or Environmental Education Program Under the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Act of 2000 to Refurbish the Shipley Nature
Center Located in Huntington Central Park." Submitted by the Community Services Director.
Funding Source: State of California 2000 Park Bond Act.
(City Council) Approved Professional Services Contract between the City and AON
Consulting Services, Inc. for Actuarial Services - City's Supplemental Retirement and
Retiree Medical Subsidy Plans (600.10) - Approved and authorized the Mayor and City Clerk
to execute the Professional Services Contract between the City of Huntington Beach and AON
Consulting, Incorporated for Actuarial Studies Services. Submitted by the Administrative
Services Director. Funding Source: For the first year of the contract, funds are budgeted in the
Fiscal Year 2001-02 Supplemental Retirement Account.
(City Council) Accepted Bid and Awarded Construction Contract to Belaire West
Landscape, Inc. for the Warner Avenue Median Landscape Project, CC-1051 (600.80)
1. Approved the attached Sample Contract subject to award of the contract to the lowest
responsive/responsible bidder; and 2. Accepted the bid from Belaire-West Landscape, Inc., the
lowest responsivelresponsible bidder for the construction of the Warner Avenue Median
Landscape Project, CC-1051; and 3. Approved and authorized the Mayor and City Clerk to
execute the construction contract between the City of Huntington Beach and Belaire-West
Landscape, Inc., in the amount of $226,000, for the construction of the Warner Avenue Median
Landscape Project, CC-1051; and 4. Authorized the Director of Public Works to expend up to
$282,600, which includes the contract cost of $226,000, an estimated contingency of $45,200
and $11,400 in supplemental expenditures. Submitted by the Public Works Director.
(City Council) Approved the Agreement between the County of Orange and the City of
Huntington Beach for Provision of Environmental Health Services (Retroactive from
July 1, 2001) (600.25) — Approved and authorized the Mayor and City Clerk to execute the
Agreement for Provision of Environmental Health Services between the County of Orange and
the City of Huntington Beach. Submitted by the Planning Director. Funding Source: Not
Applicable.
(23) October 15, 2001 - Council/Agency Minutes - Page 23
(City Council) Approved in Concept Renewal of the Professional Services Contract
between the City and the Ferguson Group for Federal Funding Acquisition Assistance
with Priority Projects within the City (600.10) — Approved the attached draft agreement for
professional services between the City of Huntington Beach and the Ferguson Group for the
purpose of assisting the City in the acquisition of Federal funds for priority projects within the
city, and authorized the Mayor and City Clerk to execute the agreement in substantially the
same form subject to final approval by the City Attorney and the City Administrator. Submitted
by the City Administrator. Funding Source: 2001-03 Fiscal Years — General Fund, Non -
Departmental Account. The total cost for this contract is not to exceed $76,000 per year or
$152,000 for two years.
(City Council) Approved Plans and Directed Staff to Proceed with the Permanent
Installation at the Civic Center of the Art Collection from the City's Two Sister Cities of
Anjo, Japan and Waitakere, New Zealand (900.10) — Approved the installation plans for a
permanent display of artwork and artifacts at the Civic Center from the Sister Cities of Anjo,
Japan and Waitakere, New Zealand, and directed staff to proceed. Submitted by the
Community Services Director. Funding Source: Not Applicable. (City Council Liaisons Mayor
Pam Julien Houchen and Councilmember Shirley Dettloff, along with the Sister City Association,
recommend this program to highlight the collection and program to the community.)
(City Council) Approved Professional Services Contract between the City of Huntington
Beach and Diehl Evans and Company, LLP for Independent Certified Public Accountant
Audit Services of the City's Financial Statements for Fiscal Year Ending September 30,
2001 (600.10) —Approved the attached Professional Services Contract between the City of
Huntington Beach and Diehl Evans & Company, LLP for Audit Services. Submitted by the
Administrative Services Director. Funding Source. General Fund Account - $46,500.
(City Council) Accepted the Sancon Engineering, Inc Contract for the Community
Development Block Grant (CDBG) 200012001 Sewer Lining Project; CC-1141 for the
Gothard, Newland, Villa Yorba and Washington Neighborhood Enhancement Areas and
File a Notice of Completion — Directed Staff to Return to Council with Study on
Alternative Contingency Cost Reporting Procedures (600.60)
Mayor Pro Tem Cook requested that this item be removed from the Consent Calendar for
separate discussion. She inquired as to why the change orders added have such high
contingency costs. Deputy City Engineer David Webb responded that normally there is a 10%
amount, which in the above -captioned project was accounted for in the use of heavy-duty slip
lining material.
Mayor Pro Tern Cook initiated discussion on the process of acceptance of change orders;
whether it was necessary to have Council approval or if it can be cleared through staff.
Assistant City Attorney Field reported on the matter.
Councilmember Boardman expressed her concerns relative to publicizing contingencies; that
the city is at a disadvantage by advertising its plans to have access to available funds.
Public Works Director Beardsley cautioned against a potential problem with not being able to
expedite construction, stating that the city would be at a greater disadvantage if it were forced to
shut down a job due to a shortage of funds.
(24) October 15, 2001 - Council/Agency Minutes - Page 24
Councilmember Boardman suggested looking at other options of showing the line item in the
budget for contingencies, and if it did not exceed a certain limit it should not have to return to
Council for approval.
City Administrator Silver responded that the procedure will be revisited.
A motion was made by Garofalo, second Cook to accept the 2000/01 Sewer Repairs Project,
CC-1141, at a final cost of $216,804.80, and authorize the City Clerk to file a Notice of Completion
with the County Recorder's Office. The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Resolution No. 2001-77 - Establishing a Policy Regarding Offers
from Other Public Agencies to Sell Surplus Real Property (100.10)
Councilmember Bauer noted that the subject matter of the agenda item pulled from the Consent
Calendar, deals with notification to Council when property offers are made by other public
agencies. Councilmember Bauer stated his agreement with the Councilmember who brought
the item forward.
A motion was made by Bauer, second Cook to adopt Resolution No. 2001-77 -A Resolution of
the City Council of the City of Huntington Beach Establishing a Policy Regarding Offers to the City
from Other Public Agencies to Sell Surplus Real Property." The motion carried by the following roll
call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Table Until December 17, 2001 Pursuant to an Advocacy Group Coming
Forward to Meet with Staff; the Consultant, Frank Wilson & Associates; and Select
Members of the Infrastructure Advisory and Infrastructure Planning Committees Re:
Implementation of Phase III of the Huntington Beach infrastructure Improvement, Public
Outreach Program (600.10)
Councilmember Bauer requested that the above -captioned agenda item be removed from the
Consent Calendar for separate discussion. He voiced concerns regarding what he believes to
be the unwise expenditure of $175,000 based on the rationale that the public is already aware
of infrastructure problems but does not want to pay for improvements.
Councilmember Bauer inquired regarding the legal constraints in the makeup of a citizen's
advocacy committee. He asked if a group has been appointed, to which Assistant Public Works
Director Paul Emery responded that a group had not yet been formed.
Councilmember Bauer stated his opinion that it is illegal to dispense monies for an infrastructure
fund in the absence of a citizen's oversight committee. He made a motion, seconded by Cook,
to table the agenda item until such time as an advocacy group comes forward.
(25) October 15, 2001 - Council/Agency Minutes - Page 25
Prior to voting, Councilmember Dettloff reported that a core group has been initiated with
members of the Infrastructure Planning Committee (IPC). Although she stated uncertainty as to
the official election of officers, Councilmember Dettloff pointed to a commitment in participation
she has found to exist among the members of this group. She spoke at length regarding what
the IPC accomplished in three years of hard work relative to infrastructure issues.
Councilmember Dettloff cautioned against not being prepared in the next ten years if funds are
not forthcoming.
Councilmember Boardman agreed with many of the points made by both Councilmembers
Bauer and Dettloff. She stated that while she is in favor of supporting the motion, the $95,000
total money amount reflected in the table on Page No. E-19.18 of the staff report calculates to
an average cost per household of $7.91 in order to implement this neighborhood outreach
program.
Councilmember Garofalo spoke in opposition to what he considers to be an ineffective
campaign due to its traditional approach using postcard mailers.
City Administrator Silver stated that there are two different issues of concern: the scope of work
and a strong advocacy group. He made recommendations, which were included in the motion
on the table (to follow).
A motion was made Bauer, second Cook to table until 12-17-01 the approval of Amendment No. 1
to the Professional Services Contract with Frank Wilson & Associates for implementation of
Phase III of the Huntington Beach Infrastructure Improvement, Public Outreach Program, to be
determined if an Advocacy Group will come forward and the City Administrator reports on meeting
1) with a number of members of the Infrastructure Advisory Committee (JAC); and not just the
Infrastructure Planning Committee (IPC) for leadership in ballot measure issues to be considered);
and 2) with a number of members of Council, Dick Harlow, another IPC member, and staff to find
the real scope of work. The motion carried by the following roll call vote:
AYES: Boardman, Cook, Julien Houchen, Garofalo, Bauer
NOES: Green, Dettloff
ABSENT: None
(City Council) Approved in Concept the Intergovernmental Relations Committee (IRC)
Recommendation to Execute a Professional Services Contract between the City and
Advocations, Inc. to Assist in the Acquisition of State Funding for Priority Projects within
the City and with Related State Legislative Issues (600.10)
Mayor Pro Tern Debbie Cook requested the removal of this Consent Calendar agenda item for
separate discussion. She informed Council that the Intergovernmental Relations Committee
was not unanimous in its selection of a consultant.
Mayor Pro Tern Cook made an alternative motion in favor of selecting Townsend Public Affairs.
Councilmember Garofalo requested that the Council be apprised whenever the Committee's
recommendation is not unanimous.
Assistant City Administrator William Workman reported on the negotiations undertaken.
(26) October 15, 2001 - Council/Agency Minutes - Page 26
Councilmember Dettloff listed reasons for her support of Advocations, Inc. She informed
Council that other recommendations of the firm's expertise come from Councilmember Bauer
and State Assemblyman Tom Harman, Councilmember Dettloff stated she saw some conflicts
with Townsend Public Affairs.
Mayor Pro Tern Cook responded that she will withdraw her motion, suggesting that monies for
parks in Huntington Beach will require the employment of a lobbyist. She stated that her motion
was not intended to be divisive.
Councilmember Boardman initiated discussion regarding the agenda process, by which the IRC
would seek Council's approval of Townsend Public Affairs for specific park projects. Assistant
City Administrator Workman informed Council of an IRC meeting scheduled in the near future at
which time the matter wilt be discussed to agendize park funds.
A motion was made by Bauer, second Garofalo to 1. Approve Advocations, Inc. to assist the city in
acquisition of State funding for priority projects within the city and related State legislative issues;
and 2. Authorize the Mayor and City Clerk to execute a two year agreement between the City of
Huntington Beach and Advocations, Inc. upon approval of the agreement by the City Attorney and
the City Administrator, for an amount not to exceed $56,500 for the first year with an option for the
city to renew for a second year at an amount not to exceed $64,000. The motion carried by the
following roll call vote:
AYES: Green, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: Boardman, Cook
ABSENT: None
(City Council) Approved Amendment to the Duties of the Public Works Commission:
(1) Approved Introduction of Ordinance No. 3515 Amending Chapter 2.111 of the
Huntington Beach Municipal Code Relating to the Proposed Citizens' Infrastructure
Advisory Board; and (2) Adopted Resolution No. 2001-78 Establishing Procedure for
Marked Crosswalk Removal (640.10/800.80)
The City Council considered a communication from the Public Works Director recommending that
the duties of the Public Works Commission (PWC) be revised to allow the Commission to hold
public hearings to determine the removal of marked crosswalks and serve as the Infrastructure
Advisory Board.
The Infrastructure Advisory Committee in their final report of July 2000, recommended that the
City Council adopt a resolution adding a ballot measure to amend the City Charter. This
Infrastructure Fund Charter Amendment would include the provision of a Citizens' Infrastructure
Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and
report its findings to the City Council prior to adoption of the following fiscal year budget.
This communication sets forth that 1. A resolution for the Crosswalk Removal policy is required;
and 2. An ordinance revision for the Public Works Commission is required.
Assistant Public Works Director Paul Emery presented the PowerPoint slide report titled Public
Works Commission Duties — Review Proposed Crosswalk Removal and Infrastructure Advisory
Board, that had been announced earlier by the City Clerk as a Late Communication. He
reiterated from the staff report that there are two distinct items before Council for approval.
(27) October 15, 2001 - Council/Agency Minutes - Page 27
A motion was made by Green, second Cook to:
1. Adopt Resolution No. 2001-78 — "A Resolution of the City Council of the City of
Huntington Beach Approving a Procedure for the Removal of Existing Marked Crosswalks
on Public Streets and Delegating to the City's Public Works Commission the Authority to
Conduct Public Meetings and to Make Decisions Regarding Such Crosswalk Removals,"
and
2. After the City Clerk reads by title, approve introduction of Ordinance No. 3515 — "An
Ordinance of the City of Huntington Beach Amending Chapter 2.111 of the Huntington
Beach Municipal Code Relating to the Duties of the Public Works Commission."
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Dettloff, Bauer
NOES: None
ABSENT: None (Garofalo out of the room)
(City Council) Adopted as Amended Resolution No. 2001-79 Calling and Giving Notice of
March 5, 2002 Special Municipal Election to Submit Measures to the Voters: (1) Charter
Amendment Initiated by Petition Relative to Property Rights Protection (2) Charter
Amendment to Establish Infrastructure Fund (3) Advisory Only Measure Re: Utility Tax
Paid Solely by Electric Power Plant; and (4) Measure to Remove an Electric Power Plant's
Exemption from Paying Utility Tax — Adopted Emergency Ordinance No. 3516 (Not
Effective until March 5, 2002, if and when Election Passes) by Unanimous Vote Amending
Sections 3.36.010 and 3.36.080 of Chapter 3.36 of the Huntington Beach Municipal Code
Relating to the Exemption of Electrical Corporations for Paying Utilities Tax (620.30)
The City Council considered a communication from the City Attorney, the City Cleric and the
Public Works Director transmitting Resolution No. 2001-79 for adoption by Council to call a
Special Municipal Election for March 5, 2002 to submit the following four measures to the
voters:
Property Rights Protection Measure (As Amended)
"Shall the Charter of the City of Huntington Beach be
amended by adding a new section thereto providing that
only a property owner can establish the price or terms
YES
NO
regarding that property's sale, lease, rental, exchange or
transfer; and prohibiting the City of Huntington Beach
from legislating or regulating the price or terms
concerning the sale, lease, rental, exchange or transfer
of property (for example, by the adoption of a rent
control ordinance)?"
(28)
October 15, 2001 - Council/Agency Minutes - Page 28
2.
3.
4.
Creation of Infrastructure Fund
"Shall the Huntington Beach Charter be amended to
establish an "Infrastructure Fund" with all infrastructure
revenues raised, and accrued interest, directed into the
YES
NO
Fund; prohibiting the transfer or loan of Fund monies;
requiring that General Fund expenditures for
infrastructure not be reduced below 15% of General
Fund revenues based on a five-year rolling average; and
requiring that City Council designate an advisory board
to annually review and audit the Infrastructure Fund?"
Advisory Vote Only. Infrastructure Fund.
Power Plant Utility Tax
"Should the Utility Tax paid solely by an electric power
plant be placed into an Infrastructure Fund to be used
YES
NO
only for the maintenance, construction and repair of
infrastructure such as storm drains, storm water pump
stations, alleys, streets, highways, curbs and gutters,
sidewalks, bridges, street trees, landscaped medians,
parks, beach facilities, playgrounds, traffic signals, street
lights, block walls along arterial highways and all public
buildings and public ways?"
Amendment of Utility Tax by Removing Electric
Power Plant Exemption
YES
"Shall the ordinance requiring an electric power plant to
pay the same Utility Tax as do residents and
NO
businesses of the City of Huntington Beach by
amending the Huntington Beach Municipal Code to
remove Section 3.36.080(b) and make corresponding
changes to Section 3.36.010(g), be adopted?"
Transmitted is Emergency Ordinance No. 3516 to be adopted by unanimous vote (7), which
would amend Sections 3.36.010 and 3.36.080 of Chapter 3.36 of the Huntington Beach
Municipal Code, regarding the exemption of electrical corporations from paying utilities tax; and
would become effective only if it received a majority vote at the March 5, 2002 election.
(29) October 15, 2001 - Council/Agency Minutes - Page 29
Councilmember Bauer addressed the suggestion of several speakers during the Public
Comments portion of the meeting, to combine item numbers 2 and 3 relative to the Utility Tax
Measure. He stated that due to the 2/3`d vote requirement, it would be better to keep these
ballot measures as two separate items so as not to run the risk of holding an invalid election.
Councilmember Bauer referred to the Late Communication announced earlier by the City Clerk,
submitted by the City Attorney's Office, which revises the initiative on the ballot relative to the
"Property Rights Protection Measure." Councilmember Bauer informed Council that he will be
making a motion to approve, subject to the aforementioned revision.
A motion was made by Bauer, seconded by Green regarding the amendment to the
recommended action.
Prior to voting on the amendment, a motion was made by Garofalo, second Cook to adopt
Emergency Ordinance No. 3516, after the City Clerk read by title -- "An Emergency Ordinance
of the City of Huntington Beach Amending Sections 3.36.010 and 3.36.080 of Chapter 3.36 of
the Huntington Beach Municipal Code, Regarding the Exemption of Electrical Corporations from
Paying Utilities Tax." (Not effective until March 5, 2002, if and when election passes.) The
motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
Council returned to Councilmember Bauer's original motion on the table to replace the language
relative to item 1. "The Property Rights. Protection Measure" with the language in the Late
Communication,
Councilmember Boardman inquired of the City Clerk relative to the feasibility of combining the
two ballot measures relative to the Utility Tax Measure.
In response to a question from Council, Assistant City Attorney reported on the reason why the
power plant is not specifically named AES Huntington Beach, LLC and identified as such on the
ballot measure.
A motion was made by Bauer, second Dettloff to adopt as amended per Late Communication re:
Text Change on the "Property Rights Protection Measure" Resolution No. 2001-79 - "A Resolution
of the City Council of the City of Huntington Beach Calling and Giving Notice of the Holding of a
Special Municipal Election to be Consolidated with the Statewide Primary Election on Tuesday,
March 5, 2002, for the Submission to the Qualified Voters of Four Separate Ballot Measures: Two
Proposed Charter Amendments; an Advisory Measure; and a Proposed Ordinance." The motion
carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(30) October 15, 2001 - Council/Agency Minutes - Page 30
(City Council) Adopted as Amended Resolution No. 2001-80 Requesting Board of
Supervisors to Consolidate the City of Huntington Beach Special Municipal Election with
the March 5, 2002 Statewide Primary Election (620.30)
The City Council considered a communication from the City Attorney, City Clerk and Public
Works Director transmitting that pursuant to State of California Elections Code §10403 it is
necessary that the City Council request the County Board of Supervisors to consent and agree
to the consolidation of the City of Huntington Beach Special Municipal Election with the
Statewide Primary Election on Tuesday, March 5, 2002. Four ballot measures are to be
submitted to the voters.
A motion was made by Boardman, second Dettloff to adopt as amended per Late
Communication re: Text Change on the "Property Rights Protection Measure" Resolution
No. 2001-80 — "A Resolution of the City Council of the City of Huntington Beach, Pursuant to
Section 10403 of the State's Election Code, Requesting the Board of Supervisors of the County
of Orange to Consolidate a Special Municipal Election to Be Held on March 5, 2002, with the
Statewide Primary Election to Be Held on the Same Date." The motion carried by the following
roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopted as Amended Resolution No. 2001-81 -- Setts Priorities for Written
Arguments Re: City Measure — Proposed Charter Amendment Initiated by Mr. Ed Laird,
Proponent (Property Rights Protection) — Special Municipal Election of March 5, 2002
(620.30)
The City Council considered a communication from the City Attorney and the City Clerk
transmitting with regard to written arguments, the proponent of the proposed Charter
Amendment has priority to file an argument in favor. If Council wishes to have first priority to file
an argument (against) the proposed Charter Amendment (Property Rights Protection) —
initiated by Mr. Ed Laird (Proponent) — the Council may vote to authorize and name up to 5
Councilmembers to file an argument against the proposed measure: Should Council choose
not to have priority, written arguments shall be selected by the City Clerk pursuant to the State
Elections Code.
Councilmember Garofalo inquired regarding the bolded word, against, to which the City Clerk
responded that the proponent has first priority to fife an argument.
The City Clerk clarified election proceedings regarding written arguments, including the
requirement that Council can form with any group as long as there are no more than five
signatures of Councilmembers.
(31) October 15, 2001 - Council/Agency Minutes - Page 31
A motion was made by Garofalo, second Green to adopt as amended per Late Communication re:
Tent Change on the "Property Rights Protection Measure" Resolution No. 2001-81 to only provide
for the City Attorney to prepare an Impartial Analysis. The motion carried by the following roll call
vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Resolution No. 2001-82 Setting Priorities for Written Arguments
Re: City Measure — Creation of Infrastructure Fund for the Special Municipal Election of
March 5, 2002 (620.30)
The City Council considered communication from the City Attorney and the City Clerk
transmitting with regard to written arguments, that if Council wishes to have first priority to file
arguments relative to the measure to create an Infrastructure Fund, the Council may vote to: (1)
Authorize and name Councilmembers to file argument in favor (2) Authorize and name
Councilmembers to file argument against (3) Authorize and name Councilmembers to file an
argument in favor and an argument against. (Sometimes done to allow minority of members
to file opposing arguments.)
If Councilmembers choose not to authorize its members to file written arguments, the City Clerk
will select written arguments pursuant to State Elections Code 9287.
were so named and authorized to file written arguments.
A motion was made by Green, second Boardman to adopt Resolution No. 2001-82 after naming
Councilmembers authorized to file written arguments: Mayor Julien Houchen, Mayor Pro Tern
Cook, and Councilmembers Green, Boardman, and Dettloff, and to direct the preparation of an
Impartial Analysis — 'A Resolution of the City Council of the City of Huntington Beach Setting
Priorities for Filing a Written Argument Regarding a City Measure (A Proposed Amendment to the
City's Charter) and Directing the City Attorney to Prepare an Impartial Analysis of Said Measure;"
The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Resolution No. 2001-83 — Sets Priorities for Written Arguments
Re: City Measure - ADVISORY VOTE ONLY - Placement of Utility Tax Revenue from
Electric Power Plant In an Infrastructure Fund for the Special Municipal Election of
March 5, 2002 (620.30)
The City Council considered a communication from the City Attomey and the City Clerk
transmitting with regard to written arguments, that if Council wishes to have first priority to file
arguments relative to the Advisory Vote Only measure regarding the proposed use of revenue
derived from a utility tax paid by an electric power plant, the Council may vote to: (1) Authorize
and name Councilmembers to file argument in favor (2) Authorize and name Councilmembers
to file argument against (3) Authorize and name Councilmembers to file an argument in favor
(32) October 15, 2001 - Council/Agency Minutes - Page 32
and an argument against. (Sometimes done to allow minority of members to file opposing
arguments.)
If Councilmembers choose not to authorize its members to file written arguments, the City Clerk
will select written arguments pursuant to State Elections Code 9287.
A motion was made by Boardman, second Dettloff to adopt Resolution No. 2001-83 after naming
Councilmembers authorized to file written arguments: Mayor Julien Houchen, Mayor Pro Tern
Debbie Cook, and Councilmembers Green, Dettloff, and Bauer and to direct the preparation of
an Impartial Analysis — "A Resolution of the City Council of the City of Huntington Beach Setting
Priorities for Filing a Written Argument Regarding a City Measure (A Proposed Advisory Measure)
and Directing the City Attorney to Prepare an Impartial Analysis of Said Measure;" The motion
carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopt Resolution No. 2001-84 — Sets Priorities for Written Arguments Re:
City Measure - Amendment of Utility Tax by Removing Electric Power Plant Exemption
from Paying Utility Tax — Special Municipal Election of March 5, 2002 (620.30)
The City Council considered a communication from the City Attorney and the City Clerk
transmitting with regard to written arguments, that if Council wishes to have first priority to file
arguments relative to the measure to amend the Huntington Beach Municipal Code to require
an electric power plant to pay the same Utility Tax as do residents and businesses in the City of
Huntington Beach, the Council may vote to: (1) Authorize and name Councilmembers to file
argument in favor (2) Authorize and name Councilmembers to file argument against (3)
Authorize and name Councilmembers to file an argument in favor and an argument against.
(Sometimes done to allow minority of members to file opposing arguments.)
If Councilmembers choose not to authorize its members to file written arguments, the City Clerk
will select written arguments pursuant to State Elections Code 9287.
A motion was made by Boardman, second Green to adopt Resolution No. 2001-84 after
naming Councilmembers authorized to file written arguments: Mayor Julien Houchen,
Mayor Pro Tern Cook, and Councilmembers Green, Boardman, and Bauer, and to direct
the preparation of an Impartial Analysis - "A Resolution of the City Council of the City of
Huntington Beach Setting Priorities for Filing a Written Argument Regarding a City Measure (A
Proposed Ordinance) and Directing the City Attorney to Prepare an Impartial Analysis of Said
Measure;" The motion carried by the following roll tali vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(33) October 15, 2001 - Council/Agency Minutes - Page 33
(City Council) Adopted Resolution No. 2001-85 Providing for the 2001 State of California
Elections Code Revision Re: Filing of Rebuttal Arguments for City Measures Submitted
at Municipal Elections (620.30)
The City Council considered a communication from the City Clerk informing Council that a
revision was made to the 2001 State of California Elections Code pertaining to the filing of
Arguments for City Measures at Municipal Elections. The revision relates to S. 9283 Arguments
not accepted without names.
A motion was made by Garofalo, second Cook to adopt Resolution No. 2001-85 — "A Resolution of
the City Council of the City of Huntington Beach Providing for the Filing of Rebuttal Arguments for
City Measures Submitted at Municipal Elections." The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3513 Amending Section 12.10.010 of the
Huntington Beach Municipal Code Relating to the Adoption of Standard Specifications
for Public Works Construction (640.10)
A motion was made by Garofalo, second Cook to adopt by roll call vote after City Clerk read by title,
Ordinance No. 3513 - "An Ordinance of the City of Huntington Beach Amending Chapter 12.10 of
the Huntington Beach Municipal Code Relating to the Adoption of Standard Specifications for Public
Works Construction." The motion carried by the following roil call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Approved Introduction of Ordinance No. 3514 Amending Chapter 8.40 of
the Huntington Beach Municipal Code Relating to Loud Noises (640.10)
The City Council considered a communication from the Chief of Police requesting the
amendment to Municipal Code Section 8.40.112 in order to enforce infractions pertaining to loud
noises.
Police Captain William Mamelli reported on the need to update the ordinance relating to loud
noises and other types of disturbances.
Councilmember Boardman stated that she read the backup material and noted that the
argument in favor of the change is in order to add penalties and enable the ordinance to
become criminally enforceable.
A motion was made by Garofalo, second Green after the City Clerk read by title, to approve by
roll call vote, introduction of Ordinance No. 3514 - "An Ordinance of the City of Huntington
Beach Amending Chapter 8.40 of the Huntington Beach Municipal Code Relating to loud
Noises." The motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
(34) October 15, 2001 - Council/Agency Minutes - Page 34
(City Council) Agenda Item Withdrawn by the Proponent — Request for Reconfiguration of
Meadow View School at 5702 Clark Drive to Accommodate Three Soccer Fields (920.10)
Councilmember Bauer announced that he is requesting withdrawal of the above captioned item
relating to an issue about the use of the fields at Meadow View School. He stated that the
school district is handling the reconfiguration to accommodate three soccer fields.
(City Council) Announcement of Orange County Sanitation District Board Meeting at the
Fountain Valley Plant Facility ( . )
Councilmember Green announced a meeting of the Orange County Sanitation District Board to
be held November 3, 2001 from 8:00 a.m. to 11:00 a.m. at the Fountain Valley Facility.
(City Council) Announcement Made by Councilmember Garofalo Re: Upcoming Council
Memorandum on Affordable Mobile Home Funds ( . )
Councilmember Garofalo spoke regarding his intent to bring forward an agenda item regarding
affordable housing funds being allocated to owners of mobilehomes, to assist with space rent if
income requirements are met.
Adjournment -- City Council/Redevelopment Agency
Mayor Julien Houchen adjourned the regular meetings of the City Council and the Redevelopment
Agency of the City of Huntington Beach at 9:55 p.m. to Monday, November 5, 20.01, at 5:00 p.m., in
Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex-officio ClerWbf 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 yor-Chairman