HomeMy WebLinkAbout2002-02-04 (6)Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, February 4, 2002
5:00 P.M. - Room B-8
7:00 P.M. Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648.
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 Cook 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: Green, Dettloff, Bauer, Cook, Boardman, Winchell
Absent: Houchen (Councilmember Houchen has requested to be absent from the meeting
pursuant to City Council Resolution No. 2001-54.)
Newly appointed Councilmember Grace Winchell was legally administered the Oath. of
Office prior to the Council Meeting.
Late Communication
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced a Late Communication
regarding the study session agenda item that had been received by her office following
distribution of the agenda packet:
Slide show presentation dated February 4, 2002 from Building & Safety Department titled City
Wide Permit System — Status Report — City Council Study Session.
Public Comments Regarding Study Session and Closed Session Agenda Items
Chuck-Schied inquired'if a cost analysis will be included in the presentation of the City Wide
Permit System.
(City Council/Redevelopment Agency) Study Session — Presentation Given by the
Building and Safety Department on the City -Wide Permit System Project Goals, Costs
and Timelines and Proposed Automation Fee (340.80)
Building & Safety Department Director Ross Cranmer presented an update of the City -Wide
Permit System. The presentation included an overview of the following:
(2) February 4, 2002 - Council/Agency Minutes - Page 2
1) Project goals and status;
2) Phasing and timelines;
3) Cost and conversion issues and obstacles;
4) Discussion of a potential Automation Fee to pay for recurring annual costs.
Building and Safety Director Ross Cranmer informed Council that the existing mainframe is
scheduled to be turned off in one year. In response to the public speaker's inquiry, he presented
the cost-effectiveness of converting to the proposed city-wide permit system rather than continuing
under Legacy. Director Cranmer provided an example of the present impact on staff time using the
existing method of the dissemination of information.
Director Cranmer presented the PowerPoint slide report that had been announced earlier as a
Late Communication by the City Clerk.
Referring to the slide report, Director Cranmer spoke regarding the history and background of
the existing mainframe system. He provided a timeline, beginning in the early 80s with hand
written permits.
Director Cranmer introduced Principal Administrative Analyst Beverly Braden as the Project
Manager of the Implementation Team. He referred to an Organizational Chart in the slide report
naming the team members, which include representatives of other city departments. Director
Cranmer informed Council that the Implementation Team reviewed 15 vendors before narrowing
its choices to three. He referenced the slide titled Vendor Selections, stating that the vendors
were selected for reasons such as ease of use.
Using the slide titled Project Goals and Connectivity, Director Cranmer spoke regarding the fully
automated permit tracking system described on the slide titled Products to be Delivered.
Director Cranmer provided the status of the project addressed in the slide titled Phase 1 - the
Infrastructure Changes. He stated that cabling is completed and the server purchased but not
installed. Director Cranmer walked Council through all the succeeding phases of the project.
Director Cranmer stated that systems cost should not be a problem as it will be less than
estimated.
Fire Chief/Information Systems Director Michael Dolder reported on the number of personnel
assigned to the project, in reply to Mayor Cook's question on the cost of the Legacy system.
Director Cranmer addressed the maintenance and enhancement aspects of the project.
Councilmember Dettloff inquired what the systems improvements are expected to be in the area
of enhancement. Director Cranmer responded on the elimination of both paperwork and the
manual scanning process undertaken by Building Inspectors.
Councilmember Green spoke regarding the budget, and whether staff anticipates that the
different permit software will result in the continued decrease of costs.
City Administrator Ray Silver informed Council that the proposed software product came in as a
low bid, and that the cost of other products were considerably more.
(3) Februay 4, 2002 - Council/Agency Minutes - Page 3
In response to Councilmember Green's inquiry, City Administrator Silver stated that there will
not be a request to backfill other staff positions as a result of this intensive project.
Fire Chief Dolder reported on the project's status with regard to methodology and Microsoft
costs. Chief Dolder informed Council that changes in the market place are a.direct result of the
lawsuit filed by the Federal Government against the Microsoft Corporation. .
Chief Dolder provided a timeline of April 1, 2002 for internet billing. He stated that staff will
request Council approval before "going live," and that Business Licenses will be the first billing
division to go online. Chief Dolder reiterated that the goal is not to renew $75,000 a year for
Legacy; that the bottom line is that there is no choice in the matter.
City Administrator Silver spoke regarding the SQL Database relative to user licensing. He
thanked staff for the reports.
Motion to Recess to Closed Session — Approved
A motion was made by Boardman, second Dettloff to recess to Closed Session on the following
items. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Boardman, Winchell
NOES: None
ABSENT: Houchen
(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 Suvada Dukovic-Wright v. City of Huntington
Beach; WCAB Case No. AHM 0061554; Claim No. COHB-97-0092. Subject: Dukovic-Wright
v. City of Huntington Beach. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is Robert Winstein v. City of Huntington Beach;
WCAB Case Nos. ANA 0288048, ANA 312726, AHM 0074426, and AHM 0074424; Claim
Nos. COHB-84-0360, 94-0299, 99-0015, and 99-0055. Subject: Robert Winstein v. City of
Huntington Beach. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is PLC v. City of Huntington Beach, et al.; Orange
County Superior Court Case No. 01 CC05117. Subject: PLC v. City of Huntington Beach,
et al. (120.80)
(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; Clay Martin, Director of Administrative
Services; 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, HBMEO, and HBFMA. Subject: Labor
Relations — Meet & Confer. (120.80)
(4) February 4, 2002 - Council/Agency Minutes - Page 4
Reconvened City Council/Redevelopment Agency Meeting - 7:00 P.M. - Council
Chambers
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Mayor Cook asked City Attorney Gail Hutton if there were any actions taken by the City Council
or Redevelopment Agency in Closed Session that required a reporting. City Attorney Hutton
responded that there were no actions to report.
City Council/Redevelopment Agency Meeting Roll Call
Present: Green, Dettloff, Bauer, Cook, Houchen, Boardman
Absent: Houchen (Councilmember Houchen has requested to be absent from the meeting
pursuant to City Council Resolution No. 2001-54.)
Pledge of Allegiance and Flag Salute — Brownie Troop 821, (2nd grade) Sts. Simon & Jude
School, Leader Pat Illencik.
City Clerk Administered Oath of Office to Grace Winchell, the Newly Appointed
Councilmember (120.40)
The City Clerk administered the Oath of Office to Grace Winchell, the newly appointed
Councilmember selected by ballot vote at the Saturday, February 2, 2002 City Council meeting.
City Clerk Administered Oath of Office to Shirley Dettloff to Serve a Term as a California
Coastal Commissioner (620.60)
The Senate Rules Committee has reappointed Councilmember Shirley Dettloff to a term on the
California Coastal Commission. The City Clerk administered the Oath of Office to Coastal
Commissioner Shirley Dettloff.
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, the City Clerk announced Late Communications
regarding agenda items that had been received by her office following distribution of the agenda
packet:
Slide show presentation dated February 4, 2002 from Building & Safety Department titled City
Wide Permit System — Status Report — City Council Study Session.
Communication submitted by the City Treasurer's Office to the City Clerk's Office on February 4, 2002
transmitting a revised page of the City Treasurer's monthly report. Replacement page titled City of
Huntington Beach — Summary of City Investment Portfolio, Bond Proceeds, and Deferred
Compensation — Activity for December 2001.
Slide show presentation dated February 4, 2002 from Shari Freidenrich, City Treasurer titled
Treasurer's Report.
(5) February 4; 2002 - Council/Agency Minutes - Page 5
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
February 4, 2002 titled Eight Lot Subdivision (Parcel 7A) — PLC Land Company.
Communication submitted by the Planning Department to the City Clerk's Office on February 4,
2002 transmitting. modified Conditions of Approval. Communication titled Addendum to
Suggested Conditions of Approval - TTM No. 15690 (R)/CUP No. 99-14 (R).
Communication dated February 4, 2002 from the Law Offices of Palmieri, Tyler, Wiener,
Wilhelm & Waldron, LLP, on behalf of John Thomas objecting to the approval of Tentative Tract
Map No. 15690 (R).
Communication dated February 4, 2002 from PLC Land Company requesting approval of the
revised subdivision map, Tentative Tract Map No. 15690 (R).
Communication submitted by the City Attorney's Office to the City Clerk's Office on February 4,
2002 transmitting faxed signature pages to the Settlement and Release Agreement.
Communication titled Late Communication: Agenda Item E-9 on the City Council Agenda for
February 4, 2002.
Communication submitted by the City Attorney's Office to the City Clerk's Office on February 4,
2002 transmitting a memorandum from the City Attorney to the Director of Community Services
re: Sample Concession Lease; Modifications.
Slide show presentation submitted by the Community Services Department to the City Clerk's
Office on February 4, 2002 titled Concession Lease Agreement.
Public Comments
Linda Moon, President, Amigos de Bolsa Chica extended her congratulations and welcome to
incoming Councilmember Grace Winchell. Ms. Moon expressed her appreciation to
Councilmember Winchell for her past record of achievements on the Bolsa Chica Wetlands.
Ronald Davis stated that his intent to speak is twofold: 1.) to publicly congratulate newly
appointed Councilmember Grace Winchell; and 2.) to remind everyone to vote "yes" on
Measures FF, GG, and HH the March 5, 2002 Special Municipal Election ballot. Mr. Davis
stated that the passage of Measure HH will remove the power plant company's exclusion from
paying a gas tax.
John Jankowski congratulated Councilmember Grace Winchell. He spoke in opposition to
Measure EE on the March 5, 2002 Special Municipal Election ballot. Mr. Jankowski stated his
belief that the property owners' rights measure will continue a monopoly of rent -gouging
practices by mobile home park owners. He cited the population demographics of those who will
be adversely affected if Measure EE were to pass.
Tim Geddes, representative of the South East Huntington Beach Neighborhood Association
(SEHBNA), informed Council that he is speaking as an individual, but may speak for the entire
board to welcome Councilmember Grace Winchell. Mr. Geddes spoke of her good work with
the community.
(6) February 4, 2002 - Council/Agency Minutes - Page 6
James Sachtschale spoke in opposition to Great Park, Measure W on the March 5, 2002
Special Municipal Election ballot. He expressed his belief that the ballot measure will increase
taxes to property owners. Mr. Sachtschale stated that unincorporated property.will be subjected
to increased taxes such as will be experienced by El Toro if it were to pass.
Debbie Borden stated her opposition to the Invocation not being on the agenda. Ms. Borden
recited The Lord's Prayer.
Arline Howard requested Council to reconsider and include the Invocation again for the
agenda. Ms. Howard submitted a petition with approximately 300 signatures urging
reinstatement of the Invocation.
Orville Hanson informed Council that he supported the previous speaker's petition to restore
prayer to the agenda.
Dean Albright welcomed Councilmember Grace Winchell. Mr. Albright referred to the public
hearing item on the Holly Seacliff Development Agreement Compliance Report. He questioned
the staff report that sets forth the location of a golf course south of the parcel on Ellis Avenue.
Mr. Albright stated that it is less costly to retain rather than destroy documents, in reference to
the Consent Calendar item on the city's Records Retention Schedule.
Robert Cronk expressed his gratitude to Councilmember Grace Winchell to serve a term of
office on the City Council.
Anne Jean Spiegel welcomed Councilmember Grace Winchell back to office.. Ms. Spiegel
spoke in opposition to Measure EE on the March 5, 2002 Special Municipal Election ballot.
Alice Gustafson, Breakfast in the Park Restaurant, informed Council that she concurs with the
staff recommendation on the administrative item relative to concession agreements. She stated
that she agrees with the Standard Lease, but strongly disagrees that all concession agreements
should be exactly the same. Ms. Gustafson suggested that agreements between the city and
concessionaires not be uniform with one another to allow staff to negotiate the terms.
Rex Ricks spoke in opposition to Chris Norby's supervisorial candidacy. Mr. Ricks stated his
objection to Mr. Norby's opposition to the use of El Toro as airport.
Joseph Jeffrey opposed the delay of the opening of Wal-Mart pending the construction of
handrails.
Steve Gullage, President, Huntington Beach Mobile Home Owners Association (HBMOA),
stated his opposition to Measure EE on the March 5, 2002 Special Municipal Election ballot. He
expressed his belief that the ballot measure benefits the mobile home park owners only, who do
not reside in the city.
Don McGee thanked Mayor Cook for the exclusion of the Invocation at Council meetings.
Mr. McGee urged a "no" vote on Measure EE on the March 5, 2002 Special Municipal Election
ballot.
Leonard Crane expressed his appreciation to the Police Department for cleaning up his
neighborhood area. He concurred with city staff and Council's stand during the recent garbage
(7) February 4, 2002 - Council/Agency Minutes - Page 7
strike, relative to the issues he believes exist with Rainbow Disposal. Mr. Crane spoke in
support of the Youth Sports Center. He cautioned of the potential danger of political signs being
weighed down by bricks.
Joey Racano stated his intent to provide a waiver update, speaking in opposition to granting an
extension of the Federal Section 301-H waiver to the Orange County Sanitation District.
Mr. Racano cautioned against pending legislation proposed by State Assemblyman
Tom Harman which he stated will cause the waiver to be allowed.
Nancy Donaven spoke regarding the need for Wal-Mart to meet Certificate of Occupancy
Permit requirements as is required of an individual occupying a home.
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's December 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 December 2001.
City Treasurer Freidenrich presented the PowerPoint slide report that had been announced
earlier by the City Clerk as a Late Communication.
A motion was made by Dettloff, 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 December 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, Dettloff, Bauer, Cook, Boardman, Winchell
NOES: None
ABSENT: Houchen
(City Council) Public Hearing Held - Approved Annual Review of the Holly-Seacliff
Development Agreement No. 90-1 Compliance Report — PLC Company/MS Vickers/New
Urban West — 490 Acres Located between Ellis Avenue on the North, Huntington Street
on the East, Edwards Street on the West and Seacliff Golf Course on the South (600.10)
Mayor Cook announced that this was the time scheduled for a public hearing to consider the
following:
Applicant: City of Huntington Beach
Request: Annual review of the Holly-Seacliff Development Agreement Compliance Report.
Location: Approximately 490 acres located between Ellis Avenue on the north, Huntington
Street on the east, Edwards Street on the west, and the Seacliff Golf Course on the south.
Environmental Status: Categorically exempt from the provisions of the California
Environmental Quality Act.
(8) February 4, 2002 - Council/Agency Minutes - Page 8
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
A PowerPoint presentation titled Annual Holly Seacliff Development Agreement Compliance
Report was included in the agenda packet
Planning Director Howard Zelefsky presented the foregoing PowerPoint slide report.
Director Zelefsky announced that the subject of this public hearing is the 11th Annual Review of
the Compliance Report of the Holly Seacliff Development Agreement No. 90-1. He provided a
project update, informing Council of the infrastructure improvements PLC has made since the
last annual review was held. Director Zelefsky stated that good faith has been established that
the developer will meet all of its requirements.
Councilmember Boardman requested a timeline, to which Director Zelefsky responded that
completion during the next year is anticipated.
Mayor Cook declared the public hearing open.
Bill Holman, PLC Representative, requested Council approval of the project. Mr. Holman
offered his availability to answer any questions.
There were no persons present to speak further on the matter and there were no protests filed,
either written or oral. The hearing was closed by the Mayor.
A motion was made by Dettloff, second Green to 1. Determine that the Developer is in compliance
with the Holly Seacliff Development Agreement No. 90-1 by accepting the 2001 Annual Compliance
Report and authorize the Mayor and the City Clerk to sign and execute the Certificate of
Development Agreement Compliance (Attachment No. 2); and 2. Direct the City Clerk to record
said Certificate with the Orange County Recorder. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Boardman, Winchell
NOES: None
ABSENT: Houchen
(City Council) Public Hearing Held — Approved Zoning Map Amendment No. 99-2/Zoning
Text Amendment No. 00-1/1-ocal Coastal Program Amendment No. 00-1/Tentative Tract
Map No. 15690(R)/Conditional Use Permit No. 99-14(R)/Negative Declaration No. 99-18
(PLC Land Company — 8 Unit Single Family Subdivision w/s Edwards, s/o Ellis - Holly
Seacliff Specific Plan) Approved Introduction of Ordinance Nos. 3536 and 3537 —
Approve, as Amended to Include Direction to Staff to Provide Landscaping Costs for the
Maintenance of Lots A and B (450.20)
Mayor Cook announced that this was the time scheduled for a public hearing to consider the
following:
Applicant: PLC Land Company
Request: Zoning Map Amendment: To establish an estate residential zoning designation (Holly
Seacliff Specific Plan RL-1) on approximately 2.7 acres.
(9) February 4, 2002 - Council/Agency Minutes - Page 9
Local Coastal Program Amendment/Zoning Text Amendment: To amend the boundaries
and text of the City's Local Coastal Program and Holly Seacliff Specific Plan to include the
proposed development.
Tentative Tract Map/Conditional Use Permit: To subdivide approximately 2.7 acres into eight
lots for single family residential purposes on a parcel with greater than a three (3) foot grade
differential between the high and low points.
Location: West side of Edwards Street, approximately 150 feet south of Ellis Avenue (north of
Fire Station).
Environmental Status: Notice is hereby given that an initial environmental assessment for this
agenda item was processed and completed in accordance with the California Environmental
Quality Act. It was determined that this agenda item, with mitigation, would not have any .
significant environmental effects and that a mitigated negative declaration is warranted. Prior to
acting on the request, the City Council must review and act on the negative declaration. The
environmental assessment is on file at the City of Huntington Beach Planning Department, 2000
Main Street, and is available for public inspection and comment by contracting the Planning
Department, or by telephoning (714) 536-5271.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
Associate Planner Wayne Carvalho presented the PowerPoint slide report that had been
announced earlier as a Late Communication by the City Clerk.
Councilmember Boardman requested clarification of the revised grading plan, inquiring relative
to the 11.2 feet of fill. Associate Planner Carvalho referred to the wall exhibit, explaining the
grade difference. Further discussion ensued relative to Page No. D-2.5 of the staff report,
during which time Mr. Carvalho cited net soil importation amounts.
Mayor Pro Tern Bauer emphasized that the Local Agency Formation Commission (LAFCO)
approved the PLC land annexation, so that the subject property is now part of the city.
Mayor Cook declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the following Late
Communications that pertain to this public hearing:
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
February 4, 2002 titled Eight Lot Subdivision (Parcel 7A) — PLC Land Company.
Communication submitted by the Planning Department to the City Clerk's Office on February 4,
2002 transmitting modified Conditions of Approval. Communication titled Addendum to
Suggested Conditions of Approval - TTM No. 15690 (R)/CUP No. 99-14 (R).
Communication dated February 4, 2002 from the Law Offices of Palmieri, Tyler, Wiener,
Wilhelm & Waldron, LLP, on behalf of John Thomas objecting to the approval of Tentative Tract
Map No. 15690 (R).
(10) February 4, 2002 - Council/Agency Minutes - Page 10
Bill Holman, PLC Representative, provided the history of the project. He clarified that the
amount of grading involved was the reason for Council denial in July 2000 of the zoning
request. Mr. Holman stated that once the property was annexed, the disputes were resolved.
He spoke of the spirit of compromise as being responsible for moving the project forward.
Mr. Holman informed Council that he concurs with the staff recommended action.. He
addressed the Late Communication pertaining to John Thomas and stated that he cannot
foresee a problem if Mr. Thomas is willing to divulge some needed information regarding his oil
field operations.
Mr. Holman spoke relative to the question of soil exportation and importation. In answer to
Mayor Cook's inquiry, Mr. Holman responded that he expects some amount of excavating of dirt
and grading activity to take place.
Mayor Cook requested Mr. Holman to remain at the podium to address Council inquiries.
Discussion followed regarding the relationship between grading and discharge to the Bolsa
Chica Wetlands. Mr. Holman stated that if done the right way, there will not be a negative
impact.
City Engineer Dave Webb reported on the area denoted for grading, informing Council of the
drainage pattern as running off towards the oil field property owned by John Thomas.
Councilmember Dettloff inquired if Best Management Practices (BMP) guidelines can be used.
City Engineer Webb responded that if the activity is found to adversely affect the Wetlands,
there could be some mitigation required but that he does not anticipate this to be the case.
Councilmember Boardman stated that regardless of the scenario, drainage will run off to the
Wetlands. She referred to the Holly Seacliff Specific Plan, inquiring about a certain provision to
keep a specified distance away from the Wetlands. Planning Director Howard Zelefsky reported
on said "three foot" difference, illustrating as an example, the site across the street from City
Hall. Director Zelefsky clarified that this requirement is not part of a Specific Plan, but is a
citywide provision.
Councilmember Boardman asked if the goal of the grading design is to drain towards Edwards
Hill and then to the Bolsa Chica Wetlands. City Engineer Webb responded that it already drains
to the Wetlands, and that there is also a catch basin that drains to the Bolsa Chica.
Mayor Cook referred to the Late Communication announced and entered into the record of the
public hearing submitted by PLC regarding the Tentative Tract Map 15690. Mayor Cook
expressed a concern over the city maintenance of Lots A and B and that privatization is not
being used. Staff responded that there are private homeowners associations past Edwards Hill.
Mr. Holman added that the lots in question are very small subdivisions, which may be a greater
upkeep burden on the small number of residents in the area. The developer stated that the
average price of each home is over one million, and that the city will capture substantial tax
revenue to recover the maintenance cost. Mr. Holman stated the belief that there is adequate
money in the general fund.
Mayor Cook suggested that the property owners be noticed regarding the oil wells; that the
property is outside city jurisdiction and therefore the city has no responsibility for noise
mitigation.
(11) February 4, 2002 - Council/Agency Minutes - Page 11
Bob Winchell noted the negative declaration on the property as a geologist and an engineer.
He described slopes that require the possibility of infiltration to be considered. Mr. Winchell
warned of the need to protect citizens from future liability.
There were no persons present to speak further on the matter and there were no further
protests filed, either written or oral. The hearing was closed by the Mayor.
Mr. Holman, the developer representing PLC Company, responded to Councilmember
Boardman's inquiry regarding affordable housing. Mr. Holman stated that there are 34
moderate units already built and occupied.
In answer to a question relative to grading, City Engineer Webb spoke regarding the best
direction for the path of drainage.
Councilmember Winchell stated that the path must be looked at for the stability of the slope.
City Engineer Webb referred to Page No. D-2.52 of the staff report.
Mayor Pro Tern Bauer suggested that the incorporation of the landscaping maintenance
provision on Lots A and B can be returned as a separate issue to the Planning Commission
level of the Conditions of Approval.
Discussion was held in consideration of the Late Communication from PLC announced earlier
as part of the record, with regard to Lots A and B.
A motion was made by Dettloff, second Green to:
1. Approve Negative Declaration No. 99-18 with Findings;
and
2. Approve Zoning Map Amendment No. 99-2, Zoning Text Amendment No. 00-1, and Local
Coastal Program Amendment No. 00-1 with Findings for Approval" and after City Clerk
reads by titles, approve by roll call vote, introduction of Ordinance Nos. 3536 and 3537
as follows:
Ordinance No. 3536 — "An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Zoning and Subdivision Ordinance by Establishing a Holly Seacliff
Specific Plan (SP-9) Zoning Designation on Real Property Located on the West Side of
Edwards Street, South of Ellis Avenue (Zoning Map Amendment No. 99-2);"
and
Ordinance No. 3537 —An Ordinance of the City of Huntington Beach Amending the Holly
Seacliff Specific Plan to Incorporate Real Property Located on the West Side of Edwards
Street Approximately 150 Feet South of Ellis Avenue (Zoning Text Amendment No. 00-1);"
and
(12) February 4, 2002 - Council/Agency Minutes - Page 12
3. Approve Tentative Tract Map No. 15690 (R) and Conditional Use Permit No. 99-14 (R)
with Findings and Suggested Conditions of Approval as set forth in the staff report;**
and
4. Approve, as amended, revisions set forth in the Late Communication from PLC dated
February 4, 2002, and direct Planning staff to work with Public Works to provide for the
maintenance costs of Lots A & B.
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Winchell
NOES: Cook, Boardman
ABSENT: Houchen
"Negative Declaration No. 99-18/1-ocal Coastal Program Amendment No. 00-1/Zoning Text
Amendment No. 00-1/Tentative Tract Map No. 15690 (R) and Conditional Use Permit
No. 99-14 (R) Suggested Findings and Conditions of Approval are included at the end of
this set of minutes (prior to the Adjournment Section) as Appendix A.
Consent Calendar — Item Removed for Separate Discussion
The following item was removed from the Consent Calendar for separate discussion:
(City Council) Bid Contract to Inspection Engineering Construction for the Traffic Signal
Communications and Operation Upgrade Project (TSCOUP) Phases I and II; CC-1163 (600.10)
Consent Calendar — Items Approved
Councilmember Winchell commended staff on the Consent Calendar relative to pending legislation.
She expressed her approval for the manner in which Assembly and Senate bills are being
processed to Council by staff.
On motion by Green, second Boardman, Council approved the following Consent Calendar items,
as recommended. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Boardman (Winchell- ABSTAIN — January 7, 2002 and
January 15, 2002 minutes — meetings occurred prior to term of office)
NOES: None
ABSENT: Houchen
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council/Redevelopment Agency Regular Meetings of January 7, 2002 and City Council
Special Meeting of January 15, 2002 as written and on file in the Office of the City Clerk.
Submitted by the City Clerk.
(City Council) Approved Project Self -Sufficiency 2002 Action Plan (570.50) — Approved the
Community Services Department's Project Self -Sufficiency 2002 Action Plan. Submitted by the
Community Services Director. Funding Source: None.
(13) February 4, 2002 - Council/Agency Minutes - Page 13
(City Council) Accepted the Pacific Coast Highway Right Turn Pocket at Goldenwest
Street — CC-1138 — E & M Construction Co. — CC-1138 and Authorized the City Clerk to
File a Notice of Completion (600.50) — Accepted the Pacific Coast Highway, .Right -Turn
Pocket at Goldenwest Street — CC-1138 Project, at a final cost of $174,119.90 and authorized
.the City Clerk to file a Notice of Completion. Submitted by the Public Works Director. Funding
.Source: Traffic Impact Fee Fund.
(City Council) Adopted Resolution No. 2002-8 — Authorizing the Closure of Main Street to
Vehicular Traffic for Certain Special Events During 2002 (800.60) — Adopted Resolution
No. 2002-8 — "A Resolution of the City Council of the City of Huntington Beach Authorizing the
Closing of Main Street to Vehicular Traffic for Certain Events." Submitted by the Community
Services Director. Funding Source: Not Applicable.
(City Council) Adopted Resolution No. 2002-9 Approving (1) The City's Records
Management Manual and (2) City wide and Departmental Records Retention Schedule
(170.50) — Adopted Resolution No. 2002-9 —A Resolution of the City Council of the City of
Huntington Beach Adopting Citywide and Departmental Records Retention Schedules and
Approving the Records Management Manual," thereby adopting 1. The City's Records
Management Manual to serve as a guide in maintaining, storing and destroying City records
(Exhibit A); and 2. Records Retention Schedule: City-wide Standards and Records Retention
Schedule: Administration for retaining, storing, and destruction of City records (Exhibits B & C).
Submitted by the City Administrator. Funding Source: Not Applicable.
(City Council) Appointed Mayor Debbie Cook and City Councilmember Shirley Dettloff to
Represent the City and Travel to Sacramento and Washington, D.C. to Meet with State
and Federal Legislators and Agency Representatives on the City's Funding Priorities and
Related Legislative Issues (640.40) — Appointed Mayor Debbie Cook and City
Councilmember Shirley Dettloff to represent the City Council this month in Sacramento and
Washington, D.C. to discuss the City's funding priorities and other related legislative issues with
State and Federal legislators and agencies. Submitted by the City Administrator: Funding
Source: Council Intergovernmental Relations Account.
(City Council) Approved City Council Positions on Legislation Pending Before the State
Legislature and/or Congress as Recommended by the City Council Intergovernmental
Relations Committee (640.40) — The City Council has taken a position based on the
Intergovernmental Relations Committee's review and recommendations on the legislation,
propositions, and ruling below and has authorized the Mayor to send letters to the legislators
reflecting the approved positions: Motion: Support AB 81 (Migden) — Property Taxes which
would provide that taxes on power generating facilities be allocated to. the local jurisdiction in.
which they reside. Motion: Support AB 100 (Simitan) — Local Government Finance would
reduce the growth of Educational Revenue Augmentation Fund (ERAF) by 10 percent,
beginning in 2005. Motion: Support AB 1076 (Canciamilla) — Local Government Finance
which would reduce the ERAF shift by 20% in qualified years after 2004. Motion: Support AB
1797 (Harman) — Code of Ethics — Adding new language to the Ethical Guidelines for Public
Officials. Motion: Support ACR 124 (Harman) — A Concurrent Resolution relative to the
retention of the vehicle license fee offset reimbursements to local governments. Motion:
Support the following. March 5, 2002 Ballot Initiatives: Prop 40 — (AB 1602) California Clean
Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002; Prop 41 — (AB
56) — Voting Modernization Act of 2002; Prop 42 — (ACA 4) — Transportation Funding —
Requires that tax on Gasoline be directed to transportation programs; Prop 43 — (ACA 9) —
(14) February 4, 2002 - Council/Agency Minutes - Page 14
Right to have a vote count — Require that every vote cast be counted; Measure V — the
measure entitled "County of Orange Proposed Charter." Motion: Oppose the Federal
Communications Commission Ruling granting a waiver on the requirement for cellular phone
companies to make cellular phone number portable. Submitted by Shirley Dettloff,
Councilmember, Chair Person Intergovernmental Relations Committee for Mayor Debbie Cook
and Councilmember Ralph Bauer. Funding Source: None Required.
(City Council) Approved a Settlement and Release Agreement between PLC Land
Company and the City Regarding the Development of Parcel 7A (w/o Edwards Street,
Approximately 150 s/o Ellis Avenue (Holly-Seacliff Development Agreement) (PACLACO,
Inc.) — T/L Huntington Beach — Lennar Land Partners and Lennar Homes (600.10) —
Approved and authorized the Mayor and City Clerk to execute the Settlement and Release
Agreement regarding the case entitled PLC v. City of Huntington Beach, Orange County
Superior Court Case No. 01 CC05117. Submitted by the City Attorney and the Planning
Director. Funding Source: No cost to the city.
(City Council) Authorized Award of Bid Contract to Inspection Engineering Construction
for the Traffic Signal Communications and Operation Upgrade Project (TSCOUP) Phases
I and II; CC-1163 —_Approved, as Amended, Directing Staff to Work with Orange County
Transportation Authority (OCTA) for Funding to Coordinate Traffic Signals on Major
Arterial Highways (600.55)
Mayor Pro Tern Bauer requested that this item be removed from the Consent Calendar for
separate discussion. He brought forward for discussion citizens' concerns regarding traffic flow.
Mayor Pro Tern Bauer informed Council that the Orange County Transportation Authority.
(OCTA) is running a trial program to coordinate signals. Mayor Pro Tern Bauer suggested that
staff work with OCTA for funding to coordinate traffic signals on Beach Boulevard and other
major arterial highways.
A motion was made by Bauer, second Green to 1. Accept the lowest responsive/responsible bid
submitted by Inspection Engineering Construction, and authorize the Mayor and City Clerk to
execute the approved construction contract for the Construction of Traffic Signal Communications
and Operation Upgrade Project, Phases I and II; CC-1163; and 2. Authorize the Director of Public
Works to expend up to $160,000 for the project, including $140,000 for the contract; estimated
contingency of $14,000.00 (10% of construction); and $6,000 for supplemental expenditures.
Submitted by the Public Works Director. Funding Source: $500,000 OCTA/SIP (Orange County
Transportation Authority/Signal Improvement Program) Fund, Traffic Signal Improvements Account.
Funding of $400,000 was provided through two OCTA/SIP fund grants ($200,000 each) and
$100,000 through City Measure M Local Turnback funds; and 3. Approve, as amended, to direct
staff to work with Orange County Transportation Authority (OCTA) for funding to coordinate traffic
signals on Beach Boulevard and other major arterial highways. The motion carried by the following
roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Boardman, Winchell
NOES: None
ABSENT: Houchen
(15) February 4, 2002 - Council/Agency Minutes - Page 15
(City Council) Approved in Concept a Standard Lease Agreement for City's Beach and
Park Food and Rental Concessions — Approved, as Amended, Modifications to the
Sample Concession Lease per Late Communication from the City Attorney's Office
(600.35)
The City Council considered a communication from the Administrative Services Director, the
City Attorney, and the Community Services Director requesting that the City Council approve
the preparation of a standardized concessionaire lease agreement for beach and park food and
rental concessions.
Mike Hennessey, Real Estate Division, presented the PowerPoint slide report that had been
announced earlier as a Late Communication by the City Clerk.
Mayor Pro Tern Bauer inquired as to the benefits derived by each party.
City Administrator Ray Silver reported on the draft lease agreement as standardized; that the
city's position is good business practice and provides flexibility. Mr. Silver referred to the Late
Communication from the City Attorney dated February 4, 2002 regarding revisions to the
sample Standard Lease Agreement for concessions, and requested that said modifications
become part of the record.
A motion was made by Bauer, second Boardman to 1. Conceptually approve a standardized lease
agreement with terms and conditions as presented herein; and 2. Direct staff to use this
standardized lease agreement when negotiating leases for beach and park food and rental
concessions subject to allowing staff to negotiate alternative business terms which are warranted
because of special circumstances for Council's approval; 3. Allow staff to make minor changes that
do not materially affect the legal aspects of the agreement and as are approved by the City
Attorney's Office; and 4. Approve, as amended modifications as recommended in the Late
Communication from the City Attorney dated February 4, 2002. The motion carried by the following
roll call vote:
AYES: Green, Dettloff, Bauer, Cook, Boardman, Winchell
NOES: None
ABSENT: Houchen
Appendix A
Findings and Conditions of Approval"
Negative Declaration No. 99-18/
Local Coastal Program Amendment No. 00-1/
Zoning Map Amendment No. 99-2/Zoning Text Amendment No. 00-1
Tentative Tract Map No. 15690 (R)/
Conditional Use Permit No. 99-14 (R)
Findings for Approval - Negative Declaration No. 99-18:
The Negative Declaration No. 99-18 has been prepared in compliance with Article 6 of the
California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a
public comment period of thirty (30) days. Comments received during the comment period were
considered by the City Council prior to action on the Negative Declaration, Zoning Text
Amendment No. 00-1, Zoning Map Amendment No. 99-2, Local Coastal Program Amendment,
Tentative Tract Map No. 15690, and Conditional Use Permit No. 99-14.
(16) February 4, 2002 - Council/Agency Minutes - Page 16
2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the
project's effects to a point where clearly no significant effect on the environment will occur.
3. There is no substantial evidence in light of the whole record before the City Council that the
project, as mitigated through the conditions of approval for Zoning Text Amendment No. 00-1,
Zoning Map Amendment No. 99-2, Local Coastal Program Amendment, Tentative Tract Map
No. 15690, and Conditional Use Permit No. 99-14 will have a significant effect on the
environment.
Findings for Approval — Local Coastal Program Amendment No. 00-1:
1. The Local Coastal Program amendment to the Huntington Beach Local Coastal Program to
modify the boundary of the Holly Seacliff Specific Plan to incorporate the subject property and to
establish the RL-1 zoning designation is consistent with the designation for Estate Residential
cited in the 1990 Holly Seacliff Specific Plan General Plan Amendment.
2. The proposed change to the Local Coastal Program is in accordance with the policies,
standards, and provisions of the Coastal Element that encourages a mix of housing
opportunities that vary in price and type. The proposed land use will provide for future upscale
residential opportunities.
3. The development conforms with the public access and public recreation policies of Chapter 3 of
the California Coastal Act. The proposed project will not interfere with .public access
opportunities provided along the Weider Regional Park, and will not impact public views.
Findings for Approval - Zoning Map Amendment No. 99-21 Zoning Text Amendment No. 00-1:
Zoning Map Amendment No. 99-2 and Zoning Text Amendment No. 00-1 to establish a zoning
designation of Holly Seacliff Specific Plan (RL-1) on a 2.7 acre parcel, and to incorporate the
subject property into the Holly Seacliff Specific Plan is consistent with the objectives, policies,
general land uses and programs specified in the General Plan and any applicable specific plan.
The proposed zoning will be compatible with the adjacent estate residential zoning designations
of the Holly Seacliff and Ellis Goldenwest Specific Plans.
2. In the case of a general land use provision, the zoning map and text amendment are compatible
with the uses authorized in, and the standards prescribed for, the zoning district for which it is
proposed. The proposed zoning will allow estate residential uses consistent with the existing
land uses in the area.
3. A community need is demonstrated for the change proposed. The new zoning will allow for new
single family residential development.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice. The proposed zoning will not result in isolated or spot zoning, and will be consistent
with the existing Estate Residential General Plan designation. The Holly Seacliff Specific Plan
RL-1 allows up to four units per gross acre which is consistent with the Estate Residential
General Plan designation.
(17) February 4, 2002 - Council/Agency Minutes - Page 17
Findings for Approval - Tentative Tract Map No. 15690 (R):
Tentative Tract Map No. 15690 (R) for a subdivision of approximately 2.7 acres into eight (8)
residential lots with two lettered lots for landscaping purposes is consistent with the General
Plan Land Use Element designation of Estate Residential on the subject property, or any
applicable specific plan, or other applicable provisions of this Code. The proposed subdivision
will be compatible in size and intensity with the adjacent residential developments in the Holly
Seacliff and Ellis Goldenwest Specific Plan areas.
2. The site is physically suitable for the type and density of development. The subdivision will
involve grading that will provide sufficient rear yards for the eight single family homes without
impacting the adjacent Wieder Regional Park site.
3. The design of the subdivision or the proposed improvements will not cause serious health
problems or substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat. The eight lot subdivision will have no adverse impacts on any fish or
wildlife or their habitats.
4. The design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision unless alternative easements, for access or for use, will be provided. All necessary
easements will be provided with the creation of the parcels and the development of the site.
Findings for Approval - Conditional Use Permit No. 99-14 (R):
Conditional Use Permit No. 99-14 (R) for the development of a site with greater than a three foot
grade differential between the high and low points 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. Based upon the conditions imposed, the development will
be designed to minimize impacts from grading, and will not be detrimental to the surrounding
properties.
2. The conditional use permit will be compatible with surrounding uses based on proposed zoning
and development standards. Any future development of the site will be required to comply with
identical development standards set forth in the Holly Seacliff Specific Plan.
3. The proposed eight lot subdivision will comply with the provisions of the base district and other
applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision
Ordinance. In addition, any specific condition required for the proposed use in the district in
which it would be located. Any future development will be required to comply with the Holly
Seacliff Specific Plan unless separate variances are approved by the City of Huntington Beach.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Estate Residential on the subject property
Conditions of Approval - Tentative Tract Map No. 15690 (R):
1. The tentative map received and dated January 8, 2002 shall be the approved layout.
(18) February 4, 2002 - Council/Agency Minutes - Page 18
2. Prior to submittal of the final map to the Public Works Department for processing
and approval by the City Council, the following shall be required:
a. The Settlement and Release Agreement pertaining to the PLC lawsuit of the City's denial of
entitlements associated with the original 10 lot subdivision shall be approved by the City
Council.
b. The Affordable Housing Agreement Plan shall be submitted to the Planning Department for
review and approval. The agreement shall provide for affordable housing on -site or off -site.
Said agreement shall be executed prior to issuance of the first building permit for the tract.
The contents of the agreement shall include the following:
1) Minimum 15 percent of the units (2 units) shall be affordable to families of moderate
income level (less than 120% of Orange County median) for a period of thirty years.
2) A detailed description of the type, size, location and phasing of the affordable units.
3) If affordable units (new or rehabilitate) are off -site, they must be under the full control of
the applicant.
4) The affordable units shall be constructed prior to or concurrent with the primary project.
Final approval (occupancy) of the first residential unit in the tract shall be contingent
upon the completion and public availability, or evidence of the applicant's reasonable
progress towards attainment of completion, of the affordable units.
c. The grade on the sloped landscaped areas adjacent to the park shall not be modified
without the approval of the Planning Director. A covenant restricting the grading and
redesign of the sloped condition shall be recorded on the properties. A copy of the covenant
shall be reviewed by the City Attorney prior to recordation. A copy of the recorded
documents shall be submitted to the Planning Department for inclusion in the Tract file.
3. The following conditions shall be completed prior to recordation of the final map unless
otherwise stated. Bonding may be substituted for construction in accordance with the
provisions of the Subdivision Map Act. (PW)
a. A reproducible mylar copy and a print of the recorded map shall be submitted to the
Department of Public Works at the time of recordation. (PW)
b. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330
and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision
Manual, Subarticle 18 for the following items:
1) Tie the boundary of the map into the Horizontal Control System established by the
County Surveyor.
2) Provide a digital -graphics file of said map to the County of Orange. (PW)
c. Provide a digital -graphics file of said map to the City per the following design criteria:
1) Design Specification:
(19)
February 4, 2002 - Council/Agency Minutes - Page 19
a) Digital data shall be full size (1:1) and in compliance with the California coordinate
system — STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83
datum in accordance with the County of Orange Ordinance 3809.
b) Digital data shall have double precision accuracy (up to fifteen significant digits).
c) Digital data shall have units.in US FEET.
d) A separate drawing file shall be submitted for each individual sheet.
e) Digital data shall be in compliance with the Huntington Beach Standard Sheets,
drawing names, pen color and layering conventions.
f) Feature compilation shall include, but shall not be limited to: Assessor's Parcel
Numbers (APN), street addresses and street names with suffix.
2) File Format and Media Specification:
a) Shall be in compliance with the following file format:
• AutoCAD (version 13 or later) drawing file: DWG
b) Shall be in compliance with the following media type:
• CD Recordable (CD-R) 650 Megabytes
d. The following shall be shown as a dedication to the City of Huntington Beach on the
Final Map:
1) "A" Street for public street purposes.
2) A 2.00 foot wide public utility easement as shown on said map (7 ft. parkways or
less).
3) The water system and appurtenances as shown on the improvement plans.
4) The sewer system and appurtenances as shown on the improvement plans.
5) The easement for sewer purposes as shown on said map. (PW)
e. All vehicular access rights to Edwards Street shall be released and
relinquished to the City of Huntington Beach except at locations approved by
the City Council. (PW)
f. All improvement securities (Faithful Performance, Labor & Material and
Monument Bonds) and Subdivision Agreement shall be posted with the
Public Works Department and approved as to form by the City Attorney.
(PW)
g. A Certificate of Insurance shall be filed with the Public Works Department
and approved as to form by the City Attorney. (PW)
h. The Finial Map shall be recorded with the County of Orange prior to issuance
of building permits. (PW). .
i. All Public Works fees shall be paid. (PW)
(20) February 4, 2002 - Council/Agency Minutes - Page 20
The area covered by this tentative map shall be annexed to the Reservoir
Hill Assessment District in order to provide Zone 2 water service. All
necessary studies and processing fees shall be paid by the Subdivider. (PW)
k. Zoning Map Amendment No. 99-2 and Zoning Text Amendment No. 00-1
shall be approved by the City Council.
I. The subdivider shall work with the Department of Public Works to establish a
fund to provide for the on -going maintenance costs of Lots A and B
(landscaping).
4. The following conditions shall be completed prior to issuance of a grading permit:
a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public
Works Department for review and approval. This plan shall also include an erosion and silt
control plan for all water runoff during construction and site preparation work. (PW)
b. A Street Improvement Plan, prepared by a Licensed Civil Engineer, shall be submitted to the
Public Works Department for review and approval. The following improvements shall be
shown on the plan:
1) Curb and gutter, sidewalk, street pavement, signing, striping and street lighting for "A"
Street.
2) An.ADA compliant access ramp at the northwest and southwest comers of Edwards
Street and "A" Street.
3) Sewage collection system including individual sewer laterals for each lot.
4) Water distribution system connecting to the existing 12-inch main in Edwards Street.
5) A new domestic water service and meter for each lot shall be installed per Water
Division standards, and sized to meet the minimum requirements set by the California
Plumbing Code (CPC). The water service shall be a minimum of 1-inch in size.
6) A separate water service, meter and backflow protection device shall be installed to
serve reclaimed water for common area landscaping (Lots "A" and "B"). (PW)
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 detailed soils analysis shall be prepared by a registered engineer. This analysis shall
include on -site soil sampling and laboratory testing of materials to provide detailed
recommendations for grading, chemical and fill properties, retaining walls, streets, and
utilities. (PW)
e. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be
submitted to the Public Works Department for review and approval by the Park, Tree and
Landscape Division. The Developer shall submit irrigation demands to ensure proper
irrigation demands to ensure proper irrigation service sizing. Plans for temporary erosion
control on slopes at rear and sides of lots shall be included. (PW)
f. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public
Works and Fire Departments for review and approval in accordance with City Specifications
(21) February 4, 2002 - Council/Agency Minutes - Page 21
No. 431-92 and the conditions of approval. The plan shall include methods to minimize
remediation-related impacts on the surrounding properties; details on how all drainage
associated with the remediation efforts shall be retained on site and no wastes or pollutants
shall escape the site; and shall also identify wind barriers around remediation equipment.
(PW)
g. The name and phone number of anon -site field supervisor hired by the developer shall be
submitted to the Departments of Planning and Public Works. In addition, clearly visible
signs shall be posted on the perimeter of the site every 250 feet indicating who shall be
contacted 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 applicant's
contact number, City contact (Construction Manager (714) 536-5431) regarding grading and
construction activities, and "1-800-CUTSMOG" in the event there are concerns regarding
fugitive dust and compliance with AQMD Rule No. 403. (PW)
h. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of
the property of a tentative grading schedule at least 30 days prior to such grading. (PW)
The developer shall coordinate the development of a truck haul route with the Department of
Public Works 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 include a truck haul route diagram and be
submitted for approval to the Department of Public Works Transportation Division. No fees
are required for such haul route permit. (PW)
The applicant's grading/erosion control plan shall abide by the provisions of AQMD's Rule
403 as related to fugitive dust control. (PW)
k. Blockwall/fencing plans (including a site plan, section drawings, and elevations depicting the
height and material of all retaining walls, walls, and fences) consistent with the grading plan
shall be submitted to and approved by the Planning Department. The plans shall identify
materials, seep holes and drainage.
5. During grading operations, the following shall be complied with:
a. Due to the proximity of the site to a known archeological site, grading activities during
remedial site grading work shall be monitored by an archeologist. (Mitigation Measure)
b. Water trucks will be utilized on the site and shall be available to be used throughout the day
during site grading to keep the soil damp enough to prevent dust being raised by the
operations. (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. (PW)
(22) February 4, 2002 - Council/Agency Minutes - Page 22
d. Wet down the areas that are to be graded or that are being graded, in the late morning and
after work is completed for the day. (PW)
e. The construction disturbance area shall be kept as small as possible. (PW)
f. 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)
g. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to
prevent dirt and dust from leaving the site and impacting public streets. (PW)
h. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust
and noise to surrounding areas. (PW)
Wind barriers shall be installed along the perimeter of the site. (PW)
Remediation operations, if required, shall be performed in stages concentrating in single
areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas.
(PW)
k. Construction equipment shall be maintained in peak operating condition to reduce
emissions.
Use low sulfur (0.5%) fuel by weight for construction equipment.
m. Truck idling shall be prohibited for periods longer than 10 minutes.
n. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts.
o. Discontinue operation during second stage smog alerts.
6. The Departments of Planning, Public Works and Fire are responsible for compliance with all
conditions of approval herein as noted after each condition. The Planning Director and- Public
Works Director shall be notified in writing if any changes to tract map are proposed as a result of
the plan check process. Permits shall not be issued until the Planning Director and Public Works
Director have reviewed and approved the proposed changes for conformance with the intent of
the City Council's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement may be required pursuant to the HBZSO.
Conditions of Approval - Conditional Use Permit No. 99-14 (R):
1. The site plan received and dated January 8, 2002 shall be the conceptually approved layout
with the following modifications:
a. The site plan, floor plans, building elevations, and fencing plans shall be subject to review
and approval by the Planning Commission. Any deviation from development standards
specified in the Holly Seacliff Specific Plan shall be subject to review and approval of a
variance by the Planning Commission.
(23) February 4, 2002 - Council/Agency Minutes - Page 23
b. Lots 3-6 shall be provided with one additional off-street parking space pursuant to the Holly
Seacliff Specific Plan for lots with 30 ft. frontages.
c. Depict all utility apparatus, such as but not limited to back flow devices and Edison
transformers on the site plan. Utility meters shall.be screened from view from public rights -
of -way. Electric transformers in a required front or street side yard shall be enclosed in
subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback
and shall be screened from view. (Code Requirement)
d. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities
and similar items on the site plan and elevations. If located on a building, they shall be
architecturally designed into the building to appear as part of the building. They shall be
architecturally compatible with the building and non -obtrusive, not interfere with sidewalk
areas and comply with required setbacks.
e. If outdoor lighting is included, 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.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three
pages of all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index.
The minimum font size utilized for printed text shall be 12 point.
b. All Fire Department requirements shall be noted on the building plans. (FD)
c. An engineering geologist shall be engaged to submit a report indicating the ground surface
acceleration from earth movement for the subject property. All structures within this
development shall be constructed in compliance with the g-factors as indicated by the
geologist's report. Calculations for footings and structural members to withstand anticipated
g-factors shall be submitted to the City for review prior to the issuance of building permits.
(Code Requirement)
d. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of
clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water
heaters and central heating units.
3. Prior to issuance of building permits, the following shall be completed:
a. Applicant shall modify the sewer alignment on the fire station site per the City Engineer's
direction. (PW)
b. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural
and Landscape Standards and Specifications. (PW)
c. The Consulting Arborist (approved by the City Landscape Architect) shall review the final
landscape tree -planting plan and approve in writing the selection and locations proposed for
new trees and the protection measures and locations of existing trees to remain. Existing
(24) February 4, 2002 - Council/Agency Minutes - Page 24
trees to remain shall also be addressed by said Arborist with
recommendations/requirements for protection during construction. Said Arborist report shall
be incorporated onto the Landscape Architect's plans as construction notes and/or
construction requirements. The report shall include the Arborist's name, certificate number
and the Arborist's wet signature on the final plan. (PW)
d. An Automatic sprinkler and fire alarm system shall be installed throughout if the building
gross square footage exceeds 5000 sq. ft. Shop drawings shall be submitted and approved
by the Fire Department prior to system installation. (FD)
e. Fire hydrants shall be installed prior to combustible construction. Prior to installation, shop
drawings shall be submitted to the Public Works Department and approved by the Fire
Department. Indicate hydrant locations and fire department connections. (FD)
f. Fire access roads shall be provided in compliance with City Specification No. 401. Include
the Circulation Plan and dimensions of all access roads. (FD)
g. Submit a Fire Protection Plan in compliance with City Specification No. 426 for Fire
Department approval. (FD)
h. The project shall comply with all provisions of the HBFC and City specification 422, Well
Abandonment. (FD)
i. The project shall comply with all provisions of the HBMC Section 17.04.085 and City
Specification 429, Methane District Building Permit Requirements. (FD)
Installation and/or removal of underground flammable or combustible liquid storage tanks
shall comply with Orange County Environmental Health and HBFD requirements. Treatment
areas may require conformance to City Specification No. 431, Gas Fired Appliances. (FD)
k. Address numbers shall be installed to comply with City Specification No. 428. (FD)
Street names shall be approved by the Fire Department. Please refer to City Specification
No. 409. (FD)
4. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and
utilities cannot be released for the first residential unit until the following has been
completed:
a. A section of existing curb, gutter and sidewalk along Edwards Street must be removed and
replaced. Existing street tree(s) must be inspected by the City of Huntington Beach, Park,
Trees and Landscape Inspector during removal of concrete and prior to construction of "A"
Street improvements. Tree replacement or root/tree protection, will be specified upon the
inspection of the root system. (PW)
b. - All landscapeirrigation 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 the final landscape inspection and approval. (PW)
(25) February 4, 2002 - Council/Agency Minutes - Page 25
c. Applicant shall provide the City with Microfilm copies (in City format) and CD (AutoCAD 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)
d. A covenant prohibiting the removal of the open view fencing along the perimeter of the west
and north property lines shall be recorded with the County Recorder's Office. The covenant
shall be submitted to the Planning Department, and shall be reviewed as to form by the City
Attorney's Office. A copy of the recorded covenant shall be filed with the Planning
Department.
5. Prior to final building permit inspection and approval of the first residential unit, the following
shall be completed:
a. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
b. 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.
6. 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 City Council's action and the conditions, herein. If the proposed changes
are of a substantial nature, an amendment to the original entitlement may be required pursuant
to the HBZSO.
7. Conditional Use Permit No. 99-14 (R) shall not become effective until Zoning Text Amendment
No. 00-1 and Zoning Map Amendment No. 99-2 have been approved by the City Council and
are in effect.
Information on Specific Code Requirements — Tentative Tract Map No. 15690 (R)/
Conditional Use Permit No. 99-14 (R):
1. Tentative Tract Map No. 15690 (R) and Conditional Use Permit No. 99-14 (R) shall not
become effective until the Zoning Text Amendment No. 00-1 and Zoning Map Amendment No.
99-2 have been approved by the City Council and are in effect.
2. Tentative Tract Map No. 15690 (R) and Conditional Use Permit No. 99-14 (R) shall become
null and void unless exercised within two years of the date of final zoning text amendment and
zoning map amendment approval or such extension of time as may be granted by the Director
pursuant to a written request submitted to the Planning Department a minimum 30 days prior
to the expiration date.
3. The Planning Commission reserves the right to revoke Tentative Tract Map No. 15690 (R) and
Conditional Use Permit No. 99-14 (R), pursuant to a public hearing for revocation, if any
violation of these conditions or the_ Huntington Beach Zoning and Subdivision Ordinance or
Municipal'Code occurs.
(26) February 4, 2002 - Council/Agency Minutes - Page 26
4. 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.
5. Standard landscape code requirements apply (Chapter 232 of the ZSO). (PW)
6. The Water Ordinance No. 14.52, the "Water Efficient Landscape Requirements" apply for
projects with 2500 square feet of landscaping or larger. (PW)
7. All applicable Public Works fees shall be paid prior to map recordation. (PW)
8. Traffic impact fees shall be paid at a rate of $150 per daily trip ($14,400). (PW)
9. An Encroachment Permit is required for all work within the City's right-of-way. (PW)
10. Park and recreation in -lieu fees shall be paid, or accrued credits assigned, prior to Council
approval of the final map.
11. The applicant shall submit a check in the amount of $43 for the posting of the Notice of
Determination at the County of Orange Clerk's Office. The check shall be made out to the
County of Orange and submitted to the Planning Department within two (2) days of the City
Council's action.
12. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
13. 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.
Adjournment — City Council/Redevelopment Agency
Mayor Cook adjourned the regular meetings of the City Council and the Redevelopment Agency of
the City of Huntington Beach to Tuesday, February 19, 2002, at 5:00 p.m., in Room B-8, Civic
Center, 2000 Main Street, Huntington Beach, California.
City Clerk and ex-officio ClerkA the City
Council of the City of Huntington. Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
�qityClerk-Clerk_ __ Mayor -Chairman