HomeMy WebLinkAbout2002-09-16Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, September 16, 2002
6:00 P.M. - Room B-8
7:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A videotape of the 7:00 p.m. portion of this meeting
is on file in the Office of the City Clerk.
At 5:00 p.m. there being no quorum present, Deputy City Clerk Dale Jones recessed the
Council to 6:00 p.m. Notification of this anticipated lack or quorum had been posted on the door
of Room B-8, near the entrance to the Council Chambers.
Call to Order
Mayor Cook called the regular meetings of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 6,00 p.m. in Room B8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
Absent: None
Motion to Recess to Closed Session — Approved
A motion was made by consensus to recess to Closed Session on the following items. The motion
carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Bauer
NOES: None
ABSENT: None (Houchen, Winchell out of room)
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 Mills Land & Water Company v. City of Huntington
Beach, et al., Court of Appeal Case No. G020490, Orange County Superior Court Case No.
739412 ("Mills I"); Mills Land & Water Company v. City of Huntington Beach, et al.; Orange
County Superior Court Case No. 763624 ("Mills II"). (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; Clay Martin, Director of Administrative Services; Ronald Hagan, Director of
Community Services; and Steven M. Berliner, Esq. of Liebert Cassidy Whitmore regarding labor
relations matters — meet and confer with the following employee organizations: PMA, POA,
MSOA, FMA, FFA, HBMEA, HBMEO, and SCLEA. Subject: Labor Relations — Meet and
Confer. (120.80)
(2) September 16, 2002 - Council/Agency Minutes - Page 2
Reconvened City Council/Redevelopment Agency Meeting — 7:15 P.M. — Council
Chambers.
City Council- Redevelopment Agency Roll Call
Present: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
Absent: None
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Pledge of Allegiance — Led by Assemblyman Tom Harman
The City Cleric 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 September 16, 2002 from Shari Freidenrich, City Treasurer, titled
July Treasurer's Report.
Slide show presentation dated September 16, 2002 from the Administrative Services Department
titled Fiscal Year 200.212003 Preliminary Budget Overview City Council Budget Public Hearing #2.
Slide show presentation dated September 16, 2002 from the Fire Department titled Huntington
Beach Fire Department — Proposed Adoption of the Fire Code.
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
September 16, 2002 titled 2002 Downtown Parking Master Plan --- Annual Review & Monitoring
Report.
Communication dated September 12, 2002 from Doug Merlino, Beach Point Properties, in
opposition to Variance No. 02-10 to permit the establishment of a day care center. Communication
titled Step by Step Day Care Center.
Slide show presentation dated September 16, 2002 from the Planning Department titled Step by
Step Daycare, 10156 Adams Avenue, Appeal of the Planning Commission Denial of Conditional
Use.Permif No. 02-31 and Variance No. 02-10.
The Following Additional Late Communications Were Submitted During the Meeting:
Charles G. Ball, representative of the Applicant/Appellant Lester G. Smull, Business Properties,
submitted the following Late Communications for the public hearing on the appeal of the
Planning Commission's Denial of Step by Step Daycare Conditional Use Permit:
Brochure titled Success By 6 regarding the child care industry in Orange County;
(3) September 16, 2002 - Council/Agency Minutes - Page 3
2. Communication transmitted to Charles Ball from Ann Powell dated September 13, 2002
titled Memorandum Subject: Brookhurst & Adams, Huntington Beach (Center 213) Trash
Hauling Schedule, Extermination, and Trash Enclosure Maintenance;
3. Brochure prepared by Environmental Impact Sciences dated September 2002 titled
Acoustical Analysis Step -By -Step Early Learning Enrichment Center;
4. Communication transmitted by Charles Ball from David and Carole Cribbs Mullins to City
Council Members dated August 29, 2002 titled Huntington Beach City Council Re:
Denial of CUP for Step -By -Step Playground;
5. Various communications titled Summary of Sources of Letters to the City Council,
Huntington Beach Regarding CUP 02-31 and Variance 02-10 dated September 16,
2002;
6. Communication transmitted by Charles Ball from Sheri A. Senter dated September 10,
2002 titled September 10, 2002 Honorable Mayor Debbie Cook, City of Huntington
Beach regarding the proposed Step -By -Step Day Care Center; and
7. Communication titled Site Map Adams Brookhurst regarding property profiles by the
proposed Step -By -Step Day Care Center.
In addition, a photograph was submitted by Herb Jones titled 10712' From Proposed Block Wall
on East Side of Play Area.
Communication submitted by City Administrator Ray Silver regarding Police Chief Lowenberg
report regarding the decrease in crime statistics in Huntington Beach for 2001.
Presentation by Mayor Debbie Cook and Public Works Director Robert F. Beardsley, of the
Mayor's Award to Michael Fry, Leadworker Water Systems, Water Division of Public Works.
(160.40)
Presentation by Mayor Debbie Cook to Assemblyman Tom Harman and Assemblyman
Ross Johnson, proclamations to thank them for their continued support in protecting local tax
dollars and for ensuring that tax dollars will remain in local hands. Both legislators commended
City Treasurer Shari Freidenrich for her major contribution in this effort, stating it would not have
been possible without her perseverance. Mayor Cook stated that the City would have received
approximately $30,000 but now will receive approximately $1.2 million dollars. (160.40)
Presentation by Mayor Debbie Cook and Economic Development Director David Biggs,
a commendation to Aranda Tooling President Pedro Aranda who recently received the U.S.
Commercial Services "Export Achievement Award" from U.S. Secretary of Commerce
Don Evans. A brief informational presentation was made regarding Mr. Aranda's business.
(160.40)
Presentation by Mayor Debbie Cook and Councilmember Ralph Bauer to Huntington Beach
Band Director Tom Ridley, a commendation as he celebrates 25 years as Band Director with
the Huntington Beach Band. Band Director Tom Ridley was present with his family to accept
the commendation and the Council and the public's appreciation. (160.40)
(4) September 16, 2002 - Council/Agency Minutes - Page 4
Public Comments
Debbie Borden spoke in opposition to the absence of the invocation from the Council agenda
and offered a prayer.
Ron Boss protested privatization of city streets in the Goldenwest Specific Plan and the
installed speed bumps. Mr. Boss informed Council that his wife Stephanie is handicapped and
is obstructed from street access.
Douglas Reynolds, Harbor Vista Condominium resident, informed Council that he met with
representatives from the Police Department, City staff, and Council. He spoke regarding
alleged Police negligence in preventing an individual in his community from disturbing the
peace.
Bill McCord, a resident of Harbor Vista Condominiums, thanked Council, the Police
Department and other city staff for the meeting regarding reporting incidents with a resident in
his neighborhood. He informed Council that he initiated proceedings against this individual but
urged Council's further attention to this matter.
Chuck Scheid stated his opposition to the adoption of Resolution No. 2002-86 setting the
salary and benefits for City Attorney Gail Hutton from September 30, 2002 to December 2,
2002. Mr. Scheid spoke against the proposed rescission of the contract agreement previously
approved by Council on July 15, 2002.
Joey Racano informed Council of his platform as a Council candidate relative to waste water
treatment. He urged everyone to vote November 5, 2002. Mr. Racano promoted his five -step .
clean water plan, which includes secondary treatment, avoidance of the use of chlorine in the
ocean and suggestions for the treatment of effluent.
Bill Orton expressed his appreciation to Council for retaining the Park Ranger on a part-time
basis and for saving the Shipley Nature Center, Mr. Orton spoke regarding his candidacy for
State Assembly relative to forming a bi-partisan budget committee.
Steven Priest spoke in opposition to parking meters in downtown and requested that
Huntington Beach residents be allowed to park for free through a credit card system.
Norm Westwell requested that safe and sane fireworks be allowed in the city. He stated he
opposes an increased city budget and taxes. Mr. Westweli urged Council to vote against
adoption of proposed Ordinance No. 3578 to. be considered for adoption during this evening's
meeting prohibiting aerial advertising (banner towing aircraft).
Dave Sullivan spoke in opposition to staffs recommendation on the Public Works Commission
Agenda, which would remove the Public Works Commission's review of capital project
expenditures or repairs exceeding $50,000.
Anna Warmer informed Council that she has had an ongoing problem with trash collection and
that she would like it resolved.
(5) September 16, 2002 - Council/Agency Minutes - Page 5
(City Administrator's Report) Presentation of Department of Justice Crime Statistics
Report — The City Continues to Rank as One of America's Safest Cities and One of Eight
with a Record Drop in Crime in 2001 (530.10)
City Administrator Ray Silver distributed to Council a Late Communication regarding crime
statistics in Huntington Beach.
Police Chief Lowenberg gave an oral report as follows in its entirety from the Late
Communication hard copy distributed by the City Administrator.
"Crime statistics in Huntington Beach dropped 0.3 percent during 2001
according to a recently released Department of Justice report. Overall crime in
Orange County rose 7 percent in 2001. California crime rose 5 percent during
the same time period. This was the first rise in Orange County crime statistics
after a nine-year decline. Huntington Beach was one of only eight Orange
County cities to record a drop in crime for 2001. Huntington Beach continues
to be rank in the top ten Safest City in America."
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's July 2002
Report Titled 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 July 2002.
City Treasurer Freidenrich presented the PowerPoint slide show titled July Treasurer's Report,
which was announced earlier as a Late Communication by the City Clerk.
A motion was made by Boardman, second Dettloff 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 July
2002, 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, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(City Council) Public Hearing Held - Opened and Continued Open from September 3, 2002
— Public Hearing Adopted the City Budget for Fiscal Year 2002-2003 — Adopted
Resolution No, 2002-89 as Amended By Approval of Councilmember Bauer's Item
Relative to Refuse Fee Reimbursement (320.20)
Mayor Cook announced that this was the time scheduled for a public hearing to consider the
following:
The proposed budget for FY 2002/03 total $303,968,246 including General Fund Expenditures
of $134,171,651. The complete, updated Preliminary Budget for FY 2002/03 can be reviewed
by the public from 8:00 AM to 5:00 PM, Monday through Friday in the City Clerk's Office at City
Hall, 2000 Main Street, Huntington Beach. Copies of the proposed budget are also available for
public review at the City's Central Library located at 7111 Talbert Avenue (Goldenwest St. and
Talbert Ave.), and all branch libraries. Copies of the Preliminary Budget Message and
Summaries may be obtained by the public, free of charge, at the aforementioned locations.
(6) September 16, 2002 - Council/Agency Minutes - Page 6
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
City Administrator Ray Silver presented a PowerPoint slide report dated September 16, 2002 from
the Administrative Services Department titled Fiscal Year 200212003 Preliminary Budget Overview
— City Council Budget Public Hearing #2 which had been announced earlier as a Late
Communication by the City Clerk.
Mayor Cook declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the following Late
Communication which pertain to this public hearing:
Slide show presentation dated September 16, 2002 from the Administrative Services Department
titled Fiscal Year 2002/2003 Preliminary Budget Overview — City Council Budget Public Hearing #2.
Don Thomas stated he is a part time Park Ranger for the City of Huntington Beach and urged
Council to reinstate the Park Ranger program. Mr. Thomas stated that the outdoor classes
provided by the Shipley Nature Center is a valuable source for children's introduction to nature.
Dave Sullivan presented a recommendation relative to the agenda item on the City Attorney
appointment. Dr. Sullivan concurred with the previous speaker, Don Thomas's remarks. He
stated reasons why he believes the appointment of a Deputy City Attorney would be more cost-
effective.
As there were no persons present to speak further on the matter and there were no further
protests filed, either written or oral, the Mayor Cook declared the public hearing closed.
Mayor Pro Tern Boardman informed Council she is not in support of the Budget
recommendations. because she does not believe Project Self -Sufficiency and the Police Crime
Lab should be funded from General Fund Reserves.
Councilmember Dettloff concurred with Mayor Pro Tern Boardman that Project Self -Sufficiency
should not be funded from the General Fund Reserve; that it would be better to use the
reduction of recurrent hours in the Beach Maintenance Program along with Councilmembers
Bauer's item regarding trash fees to maintain Project Self -Sufficiency and the Police Crime Lab.
A motion was made by Dettloff, second Winchell to re-establish monies for Project Self -
Sufficiency through a method of not having the same number of recurrents in the level of
positions in Beach Maintenance in the coming year, and to supplement the remainder through
the revenue which would be derived if Councilmember Bauer's Agenda Item relative to refuse
fee reimbursement is approved. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Winchell, Bauer
NOES: Boardman, Cook, Houchen
ABSENT: None
(7) September '16, 2002 - Council/Agency Minutes - Page 7
Upon Council consensus Mayor Cook brought forward Councilmember Bauer's item
relative to refuse fee reimbursement.
(City Council) Approved Recommendation for Reimbursement by General Fund of
Unfunded Liability in the Refuse Fund (Trash Collection) (340.10)
Prior to voting on the preceding agenda item on the Fiscal Year 2002-2003 City Budget, the City
Council considered a communication from Councilmember Ralph Bauer transmitting the
following Statement of Issue: As of September 30, 2002, it is estimated that the Refuse Fund
will have a fund deficit of approximately $500,000. This balance is based on the deficit fund
balance of $369,000 as of 9130/01 and assumes an estimated additional operating deficit of
$131,000 for the year ending 9130102.
Mayor Pro Tern Boardman informed Council that she is in opposition to removing the 100%
senior exemption for refuse collection.
Council voiced concerns regarding the low-income level and the method used to verify the non-
paying households. Director of Administrative Services Clay Martin informed Council of the
application process and stated staff would have to look at strategies to find a more reliable
method.
A motion was made by Bauer, second Dettloff to reimburse the fund deficit of the Refuse Fund
by the General Fund on an annual basis;
and
That all current non-paying households for the refuse service be required to pay at least 50% of the
actual cost of the trash pick-up (generating $42,414 in new revenue) and that a fool -proof method
be instituted to confirm the income levels of all persons residing at the household requesting an
exemption. The motion carried by the following roll call vote:
AYES: Green, Dettloff, Cook, Winchell, Bauer
NOES: Boardman, Houchen
ABSENT: None
A motion was made by Winchell, second Green to:
Conduct the public hearing on the proposed $369,540,335 of appropriations for the FY 2002/2003
city budget as outlined in the budget resolution (public hearing continued open from -September 3,
2002)
and
Adopt Resolution No. 2002-89 as amended by approval of Councilmember Bauer's Agenda
Item (Refuse Fund Trash Collection) and incorporating addendum into the budget, approving
the FY 2002/2003 City Budget and incorporating the "Addendum" to the proposed budget. — "A
Resolution of the City Council of the City of Huntington Beach Adopting a Budget for the City for
Fiscal Year 2002/03.0 The motion carried by the following roll call vote:
(8) September 16, 2002 - Council/Agency Minutes - Page 8
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
Mayor Cook requested to move the following public hearing forward regarding the appeal of the
Planning Commission's Denial of Conditional Use Permit No. 02-31/Vadance No. 02-10.
Council concurred.
(City Council) Public Hearing Held - Upheld Planning Commission's Denial by denying
Appeal Filed by Lester C. Smull, (Business Properties Partnership) of the Application for
Conditional Use Permit No. 02-31/Variance No. 02-10 -- Step by Step Daycare Facility at
10156 Adams Avenue (SIE Corner of Brookhurst Street and Adams Avenue) (420.40)
Mayor Cook announced that this was the time scheduled for a public hearing to consider the
following communication from the Planning Director.
Applicant/Appellant: Lester C. Smull.
Request: Appeal of the Planning Commission's denial of Conditional Use Permit No. 02-31
and Variance No. 02-10 to permit the operation of a daycare facility with a maximum of 88
children within a 5,525 square foot suite including a 6,000 square foot outdoor play area. The
facility is proposed within an existing 135,484 square foot commercial center. The proposed
request includes a parking variance to allow a reduction of approximately 28 parking spaces
within the shopping center.
Location: 10156 Adams Avenue (southeast comer of Brookhurst Street and Adams Avenue).
Environmental Status: Notice is hereby given that this item is categorically exempt from the
provisions of the California Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Assistant Planner Paul DaVeiga presented a PowerPoint slide report titled Step by Step Daycare,
10156 Adams Avenue, Appeal of the Planning Commission Denial of Conditional Use Permit No.
02-31 and Variance No. 02-10 which had been announced earlier as a late Communication by the
City Clerk.
Mayor Cook declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the following Late
Communications which pertain to this public hearing:
Communication dated September 12, 2002 from Doug Merlino, Beach Point Properties, in
opposition to Variance No. 02-10 to permit the establishment of a day care center. Communication
titled Step by Step Day Care Center.
Slide show presentation dated September 16, 2002 from the Planning Department titled Step by
Step Daycare, 10156 Adams Avenue, Appeal of the Planning Commission Denial of Conditional
Use Permit No. 02-31 and Variance No. 02-10.
(9) September 16, 2002 - Council/Agency Minutes - Page 9
Charles Bali, Business Properties Development Company, representative of the Appellant
urged Council to reconsider the Planning Commission's denial of the Conditional Use Permit
No. 02-31 and Variance No. 02-10. Mr. Ball submitted the following Late Communications
during the public hearing regarding the appeal of the Planning Commissions' Denial of Step by
Step Daycare Conditional Use Permit:
1. Brochure titled Success By 6 regarding the child care industry in Orange County;
2. Communication transmitted to Charles Ball from Ann Powell dated September 13, 2002
titled Memorandum Subject: Brookhurst & Adams, Huntington Beach (Center 213) Trash
Hauling Schedule, Extermination, and Trash Enclosure Maintenance;
3. Brochure prepared by Environmental Impact Sciences dated September 2002 titled
Acoustical Analysis Step -By -Step Early Learning Enrichment Center,
4. Communication transmitted by Charles Ball from David and Carole Cribbs Mullins to City
Council Members dated August 29, 2002 titled Huntington Beach City Council Re:
Denial of CUP for Step -By -Step Playground;
6. Various communications titled Summary of Sources of Letters to the City Council,
Huntington Beach Regarding CUP 02-31 and Variance 02-10 dated September 16,
2002;
6. Communication transmitted by Charles Ball from Sheri A. Senter dated September 10,
2002 titled September 10, 2002 Honorable Mayor Debbie Cook, City of Huntington
Beach regarding the proposed Step -By -Step Day Care Center; and
7. Communication titled Site Map Adams Brookhurst regarding property profiles by the
proposed Step -By -Step Day Care Center.
Herb Jones, member of Meredith Gardens Homeowners Association, spoke in opposition to the
proposed Step -By -Step Day Care Center, stating that this project is an intrusion on his
neighborhood and would have adverse effects on the homeowners. Mr. Jones voiced concerns
regarding the drainage basin and the trash receptacles as being a health hazard for 88 children.
He distributed a photograph of the east side of the proposed play area.
Pat Britt, member of the Meredith Gardens Board of Directors, stated his.disapproval of the
proposed Step -By -Step Day Care Center. He concurred with Mr. Jones's concems relative to
an anticipated increase in traffic and drainage problems. He stated that he believes there would
be traffic increase on Lawson Lane and Meredith Drive as there are enough people cutting
through there now to escape Adams Avenue and Brookhurst Street stoplight. He expressed his
disagreement with the consultant regarding noise factors.
Heather Garcia, Step -By -Step teacher, asked Council to consider the enormous need for
childcare to develop social skills and stated her support of the proposed Step -By -Step Day Care
Center. Ms. Garcia stated that the center is doing what it can to mitigate the noise to the
surrounding neighborhood.
(10) September 16, 2002 - Council/Agency Minutes - Page 10
David McCartney stated he is a parent of a pre-schooler and supports the Step -By -Step Day
Care Program for its quality of care and the quality of staff. Mr. McCartney expressed his
opinion that the noise factor is negligible and this program will bring revenue for the City of
Huntington Beach.
Barbara Tamialis informed Council she is the Site Director for the Step -By -Step Day Care
Huntington Beach location. She stated that based on the research done there would not be a
traffic problem and.spoke regarding designated parking spaces and pick up/drop off times. Ms.
Tamialis stated that by staggering limited outdoor playtimes the noise level would not be
excessive. Ms. Tamialis urged Council support of the Center.
Rudolph Johncola stated his life would be negatively impacted if the Step -By -Step Day Care
Center were approved. He informed Council that his home is contiguous with the center's
parking lot, and the noise would take away his solitude. He stated an important factor to
consider is the children's welfare as the site is directly adjacent to one of the major arterials of
the city and would cause environmental problems with exhaust inhalation. Mr. Johncola urged
Council to not support this proposed center.
Troy Smith stated he agrees that the community needs a day care center but not in this
location. Mr. Smith stated that many retirees live in the neighborhood next to the proposed day
care center and this would have a negative impact. Mr. Smith requested that the variance be
denied.
Maria McCartney informed Council she is a Step -By -Step Day Care teacher. She stated that
there would not be excessive noise from the children because, they have staggered playtime
hours for planned outdoor activities. Ms. McCartney spoke regarding a ditch in the vicinity of
the playground area and the measures being taken to divert the children from playing in the
standing water.
Francis Foo, M.D. informed Council that he is a physician whose office is located at the
proposed day care center site. He voiced his concerns over the health hazard of the standing
water mentioned by the previous speaker. Dr. Foo stated that this is already a high traffic
volume area and his elderly patients may not see the children when driving into the parking lot.
Bob Riedese informed Council he is the President of the Meredith Gardens Homeowners
Association and spoke in opposition to the request for a variance for the proposed day care
center. He stated there would be a negative impact on the surrounding neighborhood, as the
already heavy traffic will be aggravated by the additional activity. Mr. Riedese spoke regarding
lack of parking spaces and the water runoff problems.
Jeannette Merlino spoke in opposition to the proposed day care center. She stated that the
noise of the children will be a big factor as well as the noise generated by the cleaning of the
playground area. Ms. Merlino stated that she visited other day care centers which also back up
to residences but stated she found them to be better situated in comparison because the home_ s
are a good distance from the play areas.
Doug Merlino referred to his Late Communication and stated that the noise of children and
additional traffic generated by the proposed day care center will be disturbing to the local
residents and would have a negative impact on property values. Mr. Merlino spoke as a Real
Estate Broker to say that the noise factor is a condition that has to be disclosed to prospective
home buyers.
(11) September 16, 2002 - Council/Agency Minutes - Page 11
Shannon Grubert urged Council to support the proposed Step -By -Step Day Care Center. She
stated she has two children who had been attending other sub -standard centers. Ms. Grubert
stated that this is an affordable State funded school which provides high quality of care.
Dan Vrebalovich representing his parents, Mr. and Mrs. Wickersham, asked Council to deny
the variance request of the Step -By -Step Day Care Center for the reason that his parents who
have lived adjacent to the site for many years should not have to alter their lifestyles due to the
noise issue. Mr. Vrebalovich stated he strongly believes that this location is a potential health
hazard and it is already a high traffic area.
Kathy LaMarche informed Council her property is adjacent to the proposed site for the Step -
By -Step Center and expressed her concerns over the added noise factor from the children and
traffic. She strongly urged Council to deny the variance application for the day care center.
Rick LaMarche expressed concern over his family's quality of life if the proposed day care
center is approved. He stated that the additional noise would prevent him from enjoyment of his
outside patio area and that he is concerned about his property values declining. Mr. LaMarche
urged Council to deny the variance request.
Marie Macias asked Council to accept the variance application for the Step -By -Step Day Care
Center. She stated that this center will be of great benefit to children and will also be good for
businesses in that area. Ms. Macias stated the belief that the center meets all the conditions.
Lawrence Selvars stated he was impressed by the sense of balance. and impartiality
demonstrated by the Planning Commission in its decision: He requested Council to sustain the
denial of the proposed day care center stating that it would be an intrusion into peoples'
backyards in the adjacent neighborhood. Mr. Selvars recommended the northeast corner of
Brookhurst Street and Adams Avenue as an alternate site.
Anne M. Broussard informed Council she is a County of Orange Child Care Coordinator and
reported on what she finds to be the lack of quality childcare facilities in Southern California
communities. She stated that commercial space is the best place for day care facilities and
urged Council to approve what she considers to be a proposal for a high quality day care
program.
As there were no persons present to speak further on the matter and there were no further
protests filed, either written or oral, the Mayor declared the public hearing closed.
Council voiced concerns regarding 1.) the parking variance; 2.) the existing high traffic area; 3.)
staff parking; 4.) noise environmental impact; and 5.) drainage and refuse problem could be a
health issue.
Assistant Planner Paul DaVeiga and Lester C. Smull, the Director of the Step -By -Step Day Care
Facility responded to Council's questions.
Mayor Cook informed Council that she visited the facility and supports approval of the project.
Councilmember Bauer stated that he also visited the site but he is in opposition due to concern
over the location as a danger to children.
(12) September 16, 2002 - Council/Agency Minutes - Page 12
Assistant Planner Paul DaVeiga reported on CEQA (California Environmental Quality Act)
requirements.
Councilmember Dettloff requested a consultant from the day care facility to report on what steps
have been taken to address the drainage problems.
Mayor Pro Tem Boardman requested an interpretation of Page 16, Table 6 of the Sound Study
conducted. A representative from Environmental Impact Sciences responded by reporting on
noise level measurements.
Councilmember Green informed Council that he visited the site and spoke regarding parking
and noise issues.
Planning Manager Scott Hess reported on the drainage system running through the playground
area and illustrated his points using the wall diagram.
Councilmember Houchen stated she also visited the site. She expressed concern over the
drainage ditch and informed Council that she will not support the project.
(City Council) Amended Motion Denied to Approve Appeal Filed by Lester C. Smull —
Sustained Planning Commission's Denial of Conditional Use Permit No. 02-311Variance
No. 02-10 — Step -by -Step Day Care Facility at 10156 Adams Avenue (SIE Corner of
Brookhurst Street and Adams Avenue) (420.40)
Councilmember Winchell stated her belief. that the site can work given. conditions she cited.
A motion was made by Winchell, second Dettloff to approve the appeal and approve Conditional
Use Permit No. 02-31 and Variance No. 02-10 to permit the establishment of Step by Step
Daycare with Findings and Conditions of Approval as set forth in the staff report attached to the
Request for Council Action with the following conditions: (1) Move staff parking to other side of
building; (2) Drainage condition; (3) Noise buffer landscaping; (4) No more than one half of the
enrolled children be outside at any given time and not before 8:30 a.m.; (5) Ages of 6 weeks to
6 years, and days of operation Monday to Friday only no weekends; (6) Latest time for cleaning
the area is 7:00 p.m.; and (7) Monitoring for compliance and review and loss of CUP
(Conditional Use Permit) if not in compliance. The motion failed by the following roll call vote:
AYES: Dettloff, Winchell
NOES: Green, Boardman, Cook, Houchen, Bauer
ABSENT: None
(City Council) Motion to Deny Appeal Filed by Lester C. Smull — AND Sustain the
Planning Commission's Denial of Conditional Use Permit No. 02-31/Variance No. 02-10 —
Step -by -Step Day Care Facility at 10156 Adams Avenue (SIE Corner of Brookhurst Street
and Adams Avenue) (420.40)
A motion was made by Bauer, second Boardman to Deny Conditional Use Permit No. 02-31
and Variance No. 02-10 to permit the establishment of Step by Step Daycare with Findings for
Denial (Attachment No. 1* immediately following the motion in this set of minutes). The
motion carried by the following roll call vote:
AYES: Green, Boardman, Cook, Houchen, Bauer
NOES: Dettloff, Winchell
ABSENT: None
(13)
September 16, 2002 - Council/Agency Minutes - Page 13
ATTACHMENT NO. 1* (Approved 9/16102)
FINDINGS FOR DENIAL (Approved 9116/02)
CONDITIONAL USE PERMIT NO.02-311 (Approved 9116/02)
VARIANCE NO. 02-10 (Approved 9/16102)
FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 02-31: (Approved 9/16102)
Conditional Use Permit No. 02-31 for the establishment and operation of a daycare facility with
a maximum of 88 children in a 5,525 square foot suite, within an existing 136,811 square foot
shopping center including the construction of a six-foot block wall enclosure for a proposed
6,000 square foot outdoor play area, will be detrimental to the general welfare of persons
working or residing in the vicinity and detrimental to the value of the property and improvements
in the neighborhood. The proposed daycare facility and associated outdoor play area will result
in the elimination of 16 parking spaces and reduce the amount of available on -site parking for
patrons of the shopping center. The outdoor play area will result in noise impacts to adjacent
residential properties and will be detrimental to the welfare of the residents.
2. The proposed daycare operation will not be compatible with surrounding uses because it
eliminates existing on -site parking and results in noise impacts to adjacent residences resulting
from children playing and making excessive noise in the outdoor play area. In addition, noise
from the designated employee parking area would impact adjacent residents in the early
morning. The facility will operate on weekdays and will affect the adjacent residential and
commercial uses by occupying an area that has been reserved for customer parking. The
daycare use results in a cumulative increase in traffic to the surrounding arterials during peak
traffic periods in the morning and afternoon and will impact the existing on -site drainage
patterns and therefore will be incompatible with surrounding properties.
3. The proposed use will not comply with the provisions of the base district and other applicable
provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any
specific condition required for the proposed use in the district in which it would be located. The
exception to required parking is not consistent with the Huntington Beach Zoning and
Subdivision Ordinance for the proposed daycare use.
4. The granting of the conditional use permit will adversely affect the General Plan. It is not
consistent with the Land Use Element designation of CG-F1 (Commercial General with FAR of
0.35) on the subject property because the proposed separation from residential uses does not
adequately protect the single-family homes from the excessive or incompatible impacts of noise,
vehicular traffic and visual character. In addition, it is not consistent with the following goals and
policies of the General Plan:
Policy LU 4.2.4
Require that all development be designed to provide adequate space for access, parking,
supporting functions, open space and other pertinent elements.
(14)
September 16, 2002 - Council/Agency Minutes - Page 14
Policy LU 10.1.2
Establish incentives for the inclusion of day-care, public meeting rooms, and other community
oriented facilities in commercial districts; possibly including the use of density bonus incentives,
expedited entitlements, or other techniques.
Policy LU 10.1.6
Require that commercial projects abutting residential properties adequately protect the
residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual
character, and operational hazards.
Policy LU 13.1.3
Allow for the continuation of existing and development of new child, adult, and senior adult
daycare facilities in any land us zone where they are compatible with adjacent uses and subject
to City review and approval.
FINDINGS FOR DENIAL - VARIANCE NO. 02-10: (Approved 9/16/02)
1. The granting of Variance No. 02-10 for a reduction of approximately 28 parking spaces
within the existing shopping center based on the proposed daycare use and mixture of on -
site uses will constitute a grant of special privilege inconsistent with limitations upon other
properties in the vicinity and under an identical zone classification. The proposed daycare
facility is located in an area within the shopping center that directly abuts residential
properties and occupies existing parking for patrons of the.center. The proposed daycare.
use will impact on -site parking based on the number of parking spaces required for the drop-
off and pickup up of 88 children. The location of the shopping center is typical of many of
other properties in the same zoning classification and there are not unique circumstances,
which set apart the subject property from others in the same zoning classification.
2. There are no special circumstances applicable to the subject property, including shape and
location, which require a deviation to the strict application of the zoning ordinance. The
subject site is located in a typical commercial shopping center with adequate parking for
retail and office tenants. The elimination of 16 parking spaces places a burden on the
existing uses in the shopping center. There are no unique physical characteristics such as
the shape, size, or location of the subject site that warrants the approval of a variance.
3. The granting of a variance is not necessary to preserve the enjoyment of one or more
substantial property rights. The subject suite may be leased. to commercial and office
tenants and the existing on -site parking is adequate in supporting these uses with no further
parking variances required.
4. The granting of the variance will be materially detrimental to the public welfare or injurious to
property in the same zone classification. The variance for reduced parking will impact other
commercial properties in the vicinity, based on the proposed location of the daycare
operation, elimination of 16 parking spaces, and the requested parking variance.
5. The granting of the variance will adversely affect the General Plan. The proposed reduction
of 16 parking spaces by the proposed outdoor play area will adversely affect existing and
future commercial uses on the subject site.
(15) September 16, 2002 - Council/Agency Minutes - Page 15
(City Council) Public Hearing Held - Adopted Ordinance No. 3572 (Administrative Code);
Ordinance No. 3573 (Building Code); Ordinance No. 3574 (Mechanical Code); Ordinance
No. 3575 (Plumbing Code); Ordinance No. 3576 (Swimming Pool, Spa and Hot Tub Code);
and Ordinance No. 3577 (Electrical Code); Approved for Introduction - Adopted by
Reference the 2001 Editions of the California Building & Safety Codes (introductions of
Ordinances Approved on August 19, 2002) (640.15)
Mayor Pro Tern Boardman announced that this was the time scheduled for a public hearing to
receive and consider statements of all persons who wish to be heard relative to the application
described below:
Ordinance Nos. 3572, 3573, 3574, 3575, 3576 and 3577 (as described by title in the
recommended action to follow).
Adoption of the State of California Codes — an Ordinance of the City Council of the City of
Huntington Beach Amending the Huntington Beach Municipal Code by repealing Chapters
17.04, 17.40, 17.44, and 17.48 and adding thereto new Chapters 17.04, 17.40, 17.44, and
17.48 to adopt the California Building Code, 2001 Edition, California Mechanical Code, 2001
Edition, Califomia Plumbing Code, 2001 Edition and California Electrical Code 2001 Edition and
modifications to Chapter 17.02, Uniform Administrative Code and Chapter 17.46 Uniform
Swimming Pool, Spa & Hot Tub Code.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Director of Building & Safety Ross Cranmer presented a PowerPoint slide report titled Adoption
of the 2001 California Building & Safety Codes, which was included in the agenda packet.
Mayor Pro Tern Boardman declared the public hearing open.
As there were no persons present to speak on the matter and there were no protests filed,
either written or oral, Mayor Pro Tern Boardman declared the public hearing closed.
A motion was made by Dettloff, second Green to:
After City Clerk reads by title, adopt Ordinance Nos. 3572, 3573 as amended, 3574 as
amended, 3575 as amended, 3576, and 3577 as amended (approved for introduction on
August 19, 2002), for the adoption of the 2001 amended editions of the California Building
Code, California Plumbing Code, California Mechanical Code, and California Electrical Code
and amendments to previously adopted -Uniform Administrative Code and the Uniform
Swimming Pool, Spa and Hot Tub Code:
Ordinance No. 3572 — "An Ordinance of the City of Huntington Beach Amending
Chapter 17.02 of the Huntington Beach Municipal Code Adopting the Uniform
Administrative Code,"
and
(16) September 16, 2002 - Council/Agency Minutes - Page 16
Ordinance No. 3573 —An Ordinance of the City of Huntington Beach Amending
Chapter 17.04 of the Huntington Beach Municipal Code Adopting the California
Building Code;"
and
Ordinance No. 3574 —'An Ordinance of the City of Huntington Beach Amending
Chapter 17.40 of the Huntington Beach Municipal Code Adopting the California
Mechanical Code;"
and
and
and
Ordinance No. 3575 — "An Ordinance of the City of Huntington Beach Amending
Chapter 17.44 of the Huntington Beach Municipal Code Adopting the California
Plumbing Code;"
Ordinance No. 3576 — "An Ordinance of the City of Huntington Beach Amending
Chapter 17.46 of the Huntington Beach Municipal Code Relating to the Uniform
Swimming Pool, Spa and Hot Tub Code;"
Ordinance No. 3577 —An Ordinance of the. City of Huntington Beach Amending
Chapter 17.48 of the Huntington Beach Municipal Code Adopting the California
Electrical Code."
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Houchen, Winchell, Bauer
NOES: None
ABSENT: None (Cook out of room)
(City Council) Public Hearing Held - Adopted Ordinance No. 3571 (Approved for Adoption
by Reference of the 2001 Edition of the State of California Fire Code and Supplements
Thereto) Introduction of Ordinance 3571 Approved at the August 19, 2002 Council
Meeting (640.15)
Mayor Cook announced that this was the time scheduled for a public hearing to consider
adoption of the State of California Codes — an Ordinance of the City Council of the City of
Huntington Beach Amending the Huntington Beach Municipal Code by repealing Chapter 17,56
and adding thereto a new Chapter 17.56 to adopt the Uniform Fire Code, 2000 Edition and the
California Fire Code, 2001 edition, including Appendices I -A, I-B, I-C, II -A, II-C, II-D, II-E, 11-K, ll-
H, IIIA, III-C, and IV -A.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
(17) September 16, 2002 - Council/Agency Minutes - Page 17
Fire Chief/Information Systems Director Michael P.Dolder presented a PowerPoint slide report
titled Huntington Beach Fire Department — Proposed Adoption of the Fire Code which had been
announced earlier as a Late Communication by the City Clerk.
Mayor Cook declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the,following Late
Communication which pertain to this public hearing:
Slide show presentation dated September 16, 2002 from the Fire Department titled Huntington
Beach Fire Department — Proposed Adoption of the Fire Code.
As there were no persons present to speak on the matter and there were no protests filed,
either written or oral, the Mayor declared the public hearing closed.
A motion was made by Winchell, second Boardman to:
Adopt Ordinance No. 3571, by roll call vote, after the City Clerk reads by title — "An Ordinance
of the City of Huntington Beach Amending the Huntington Beach Municipal Code Chapter 17.56
Adopting the California Fire Code."
The motion carried by the following roll call vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
(City Council) Public Hearing - Accepted the Annual Review and Monitoring Report —
Downtown Parking Master Plan (Downtown Specific Plan Generally Bounded by Pacific
Coast Highway, Sixth Street, Acacia Avenue and Second Street) (440.30)
Mayor Cook announced that this was the time scheduled for a public hearing to consider the
following:
Applicant: City of Huntington Beach Planning Department
Request: Annual Review of the Downtown Parking Master Plan addressing building activity
between June 1, 2001 and June 1, 2002.
Location: Downtown Specific Plan area (generally bounded by Pacific Coast Highway, Sixth
Street, Acacia Avenue and Second Street).
Environmental Status: Notice is hereby given that this item is covered under Environmental
Impact Report No. 82-2, approved in conjunction with the Downtown Specific Plan.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
(18) September 16, 2002 - Council/Agency Minutes - Page 18
Associate Planner Wayne Carvalho presented a PowerPoint slide report titled 2002 Downtown
Parking Master Plan —Annual Review & Monitoring Report which had been announced earlier as a
Late Communication by the City Clerk.
Mayor Cook declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the following Late
Communication which pertain to this public hearing:
Slide show presentation submitted by the Planning Department to the City Clerk's Office on
September 16, 2002 titled 2002 Downtown Parking Master Plan — Annual Review & Monitoring
Report.
As there were no persons present to speak on the matter and there were no protests filed,
either written or oral, the Mayor declared the public hearing closed.
A motion was made by Dettloff, second Green to accept as adequate and complete the Annual
Review and Monitoring Report of the Downtown Parking Master Plan and forward to the
Executive Director of the California Coastal Commission. The motion carried by the following
roll call vote:
AYES:
Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES:
None
ABSENT:
None
(City Council) Public Hearing to Consider Appeal Filed. by Lester C. Smull (Business
Properties Partnership) of the Planning Commission's Denial of Conditional Use Permit
No. 02-31Nariance No. 02-10 — Step by Step Daycare Facility at 10156 Adams Avenue
(S/E Corner of Brookhurst Street and Adams Avenue) (420.40)
This item was moved forward to earlier in the meeting following the adoption of Resolution
2002-89.
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) Contract for Gail Hutton for the Office of City Attorney from September 30, 2002
to December 2, 2002 to Fill the Vacancy to be Created by Her Retirement and Rescind the
Agreement Between the City and Contract for Gail Hutton for Early Retirement and Provision of
Transitional Consultant Legal Services Which Was Approved on July 15, 2002 (700.90)
(City Council) Agreement Between the City and the Orange County Water District (OCWD) for
the Groundwater Replenishment Project (Injection Barrier Wells and Pipeline Property
Exchange) and the Ellis Avenue Widening Project, CC-891 (600.25)
(19) September 16, 2002 - Council/Agency Minutes - Page 19
Consent Calendar — Items Approved
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, Boardman, Cook, Houchen, Winchell (August 26, 2002 Minutes-
Winchell Abstained), Bauer (August 15, 2002 Minutes -Bauer Abstained) .
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) Minutes - Approved and adopted the minutes of the
City Council/Redevelopment Agency Adjourned Regular meetings of August 12, 2002, City
Council Special meeting of August 15, 2002, City Council/ Redevelopment Agency Regular
meetings of August 19, 2002 and Adjourned Regular meetings of August 26, 2002 as written
and on file in the Office of the City Clerk. Submitted by the City Clerk.
(City Council) Adopted Resolution No. 2002-87 Establishing Annual Appropriation Limit
for Fiscal Year 2002-2003 Pursuant to Article 13B of California Constitution
($386,282,166) — (GANN) (340.90) —Adopted Resolution No. 2002-87 — `A Resolution of the
City Council of the City of Huntington Beach Establishing the Appropriation Limit for Fiscal Year
200212003." Submitted by the Administrative Services Director. Funding Source: Not
Applicable.
(City Council) Approved Grant Agreement Between the City and the Huntington Beach
Conference & Visitors Bureau (HBCVB) for Fiscal Year 2002/2003 for Public Relations
Services (600.10) —.Approved and authorized execution by the. Mayor and City Clerk of the
Grant Agreement Between the City of Huntington Beach and the Huntington Beach Conference
and Visitors Bureau, Inc. (HBCVB) for Public Relations Services for Fiscal Year 2002/2003 in
the amount of $250,000. Submitted by the Economic Development Director. Funding Source:
Budgeted Item.
(City Council) Approved First Amended and Restated Affordable Housing Agreement for
PLC Land Company (Siena Apartments, Project at N/W Corner of Main and Gothard
Streets) —To Restrict 26 Instead of 27 as Affordable Units (600.10) —Approved the
Amended and Restated 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 and the City Clerk to record with the County Recorder.
Submitted by the Planning Director. Funding Source: Not Applicable.
(City Council) Adopted Annual Disadvantage Business Enterprises (DBE) Goal for Fiscal
Year 2002/2003 Receipt of Federal Funds Through CalTrans (340.70) - Adopted the Annual
Disadvantaged Business Enterprises (DBE) goal of 7%. Submitted by the Public Works
Director. Funding Source: Not Applicable. (To be eligible for financial assistance from the
Federal Highway Administration (FHWA), the City must adopt an annual DBE goal, which sets
target levels for female -owned and ethnic, minority -owned businesses in its contracts on
Federal aid projects.)
(City Council) Approved Agreement Between the City and Rainbow Disposal to Provide
AB939 Educational Assistance (Waste Management Public Information) (600.45) —
Approved and authorized the Mayor and City Clerk to execute the Agreement between the City
of Huntington Beach and Rainbow Disposal for Waste Management Public Education.
Submitted by the Public Works Director. (Pursuant to Integrated Waste Management Act of
1989.)
(20) September 16, 2002 - Council/Agency Minutes - Page 20
(City Council) Approved the Release of Securities for Tract No. 14829 and Accepted the
Public Improvements (SIO Talbert Avenue, W/O Joyful Lane) — Parkside Court, LLC —
(Sassounian Capital Ventures) (420.60) —1. Accepted the improvements constructed and
dedicated for public use with Tract No. 14829; and 2. Released Faithful Performance/Labor and
Material No. 3SM95693600 pursuant to California Government Code Section No. 66499.7(b);
and 3. Accepted the Guarantee and Warranty Bond No. 3SM954935-A (American Motorists
Insurance Company) the security furnished for guarantee and warranty of improvements, and
instructed the City Clerk to file the bond with the City Treasurer; and 4. Instructed the City Cleric
to notify the developer, Parkside Court, LLC, of this action and the City Treasurer to notify the
Surety, American Motorists 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) Approved Amendment No. 5 (Updating the Exhibit which Lists Approved
Funded Projects) to Cooperative Agreement No. C-95-975 Between the City and the
Orange County Transportation Authority (OCTA) — (Measure M Funding Eligibility)
(420.60) — Approved and authorized the Mayor and City Clerk to execute Amendment No. 5 to
Cooperative Agreement No. C-95-975 between Orange County Transportation Authority
(OCTA) and the City of Huntington Beach. Submitted by the Public Works Director. Funding
Source: Not Required for this Action.
(City Council) Approved Final Tract Map No. 16287 of Tentative Tract Map No. 16287 (PLC
One Lot Subdivision) NIS Clay Avenue, EIO Holly Street (Holly-Seacliff Development
Agreement Are (420.60) — Approved final Tract Map No.. 16287 pursuant to findings and
requirements — see Attachment No. 1 as follows: Findings for Acceptance of Final Map:Final
Tract Map No. 16287 is in conformance with the California Subdivision Map Act, the City of
Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16287 conditions of
approval, as approved by the Zoning Administrator. Requirements: 1. Acceptance of offer of
dedication shall be subject to completion of improvements and requirements shown on the final
map; and 2. The City Clerk shall file the following bonds with the City Treasurer: (a) Faithful
Performance Bond No. B34224566 (Attachment No. 7); (b) Labor and Material Bond No.
B34224566 (Attachment No. 7); (c) Monument Bond No. B34224565 (Attachment No. 7) (Gulf
Insurance Co.); and 3. The City Clerk shall affix her signature to the map and release it for
recordation by the County of Orange; and Approve the Subdivision Agreement between the City
and PLC, a California General Partnership, and authorize execution by the Mayor and City Clerk
(Attachment No. 6). Submitted by the Planning Director. Funding Source: Not Applicable.
(City Council) Approved Final Tract Map 16289 of Tentative Tract No. 16289 — PLC One
Lot Subdivision — NIE Corner of Clay Avenue and Main Street (Holly-Seacliff
Development Agreement Area) (420.60) — Approved Final Tract Map No. 16289 and
accepted the offer of dedication, improvements, and bonds pursuant to findings and
requirements — see Attachment No. 1 as follows: Findings for Acceptance of Final Map: Final
Tract Map No. 16289 is in conformance with the California Subdivision Map Act, the City of
Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 16289 conditions of
approval, as approved by the Zoning Administrator. Requirements: 1. Acceptance of offer of
dedication shall be subject to completion of improvements and requirements shown on the final
map; and 2. The City Clerk shall file the following bonds with the City Treasurer: (a) Faithful
Performance Bond No. B34224555 (Attachment No. 7); (b) Labor and Material Bond No.
B34224555 (Attachment No. 7); (c) Monument Bond No. B34224557 (Attachment No. 7) (Gulf
(21) September 16, 2002 - Council/Agency Minutes - Page 21
Insurance Co.); and 3. The City Clerk shall affix her signature to the map and release it for
recordation by the County of Orange; and Approved the Subdivision Agreement between the
City and PLC, a California General Partnership, and authorized execution by the Mayor and City
Clerk (Attachment No. 6). Submitted by the Planning Director. Funding Source: Not Applicable.
(City Council) Approved Agreement. Between City and Los Angeles Times
Communications, LLC (dba Huntington Beach Independent) for Legal Advertising
Services (600.10) —Approved and authorized execution of the Agreement Between the City of
Huntington Beach and Los Angeles Times Communications, LLC, doing Business as the
Huntington Beach Independent, for Legal Advertising. Submitted by the City Administrator and
City Clerk. Funding Source: General Fund Budgeted.
(City Council) Appropriated Funds and Authorized Payment to County of Orange for
March 2002 Special Municipal Election and for Verification of Signatures on Property
Rights Protection Measure Petition (620.30) — Authorized appropriation and payment to the
County of Orange in the amount of $45,814 for signature verification (Property Rights Protection
Measure EE) and payment in the amount of $87,717.95 to the County of Orange for services
and supplies relating to the Huntington Beach March 5, 2002 Special Municipal Election
consolidated with the Statewide Primary Election. Submitted by the City Clerk. Funding
Source: Unappropriated, Undesignated General Fund Balance — Account No. 100.31100.1999.
(City Council) Adopted Resolution No. 2002-86 Appointing Gail Hutton to the Office of
City Attorney from 9130102 to 12102/02 to Fill the Vacancy to be Created by Her Retirement
and Rescinded the Agreement Between the City. and Gail Hutton for Early Retirement and.
Provision of Transitional Consultant Legal Services Which Was Approved on July 1S,
2002 (700.90)
The City Council considered a communication from the City Administrator which sets forth that
the City Attorney has submitted her resignation, effective September 28, 2002. The City
Council must appoint a City Attorney to serve the remainder of her unexpired term, which ends
December 2, 2002.
Councilmember Bauer requested that this agenda item be removed from the Consent Calendar
for an explanation of the salary and benefits offered to City Attorney Gail Hutton.
Assistant City Attorney Paul D'Alessandro responded to Councilmember Bauer's request.
A motion was made by Bauer, second Dettloff to:
1. Appoint Gail Hutton to the Office of City Attorney, from September 30, 2002 to
December 2, 2002; to fill the vacancy to be created by her retirement effective
September 28, 2002;
and
2. Adopt Resolution No. 2002-86 -- "A Resolution of the City Council of the Cray of
Huntington Beach Providing Benefits and Salary for the City Attorney for the Period of
September 30, 2002 to December 2, 2002;"
and
(22) September 16, 2002 - Council/Agency Minutes - Page 22
3. Approve rescinding the Agreement between the City of Huntington Beach and Gail C.
Hutton for Early Retirement and Provision of Transitional Consultant Legal Services
which was approved on July 15, 2002. Submitted by the City Administrator. Funding
Source: Proposed FY 2002-2003 Budget.
The motion carried by the following roll call vote:
AYES: Dettloff, Boardman, Houchen, Winchell, Bauer
NOES: Cook
ABSENT: None (Green out of room)
(City Council) Approved Agreement Between the City and the Orange County Water
District (OCWD) for the Groundwater Replenishment Project (Injection Barrier Wells and
Pipeline Property Exchange) and the Ellis Avenue Widening Project, CC-891 (600.25)
The City Council considered a communication from the Director of Public Works informing
Council that a cooperative agreement between the City and the Orange County Water District
(OCWD) has been drafted to describe the respective agency's responsibilities regarding the
OCWD's Groundwater Replenishment Project and the City's Ellis Avenue Widening Project,
CC-891.
Councilmember Bauer requested_ that this agenda item be removed from the Consent Calendar
to ask staff if we. are coordinating this project with the Orange County Water District.
City Engineer David Webb affirmed and reported on the project.
A motion was made by Bauer, second Dettloff to approve Agreement for Groundwater
Replenishment System Injection Barrier Wells and Pipeline Property Exchange with City of
Huntington Beach and authorize execution by the Mayor and City Clerk. The motion carried by
the following roll call vote:
AYES: Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None Green out of room)
(City Council) Adopted Ordinance No. 3578 Amending the Huntington Beach Municipal
Code by Adding Chapter 9.07 Prohibiting Aerial Advertising (Banner Towing Aircraft)
(640.10)
After the City Clerk read by title, a motion was made by Boardman, second Houchen to adopt
Ordinance No. 3578 —An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by Adding Thereto Chapter 9.07, Prohibiting Aerial
Advertising." The motion carried by the following roll call vote:
AYES: Dettloff, Boardman, Cook, Houchen, Winchell
NOES: Green, Bauer
ABSENT: None
(23) September 16, 2002 - Council/Agency Minutes - Page 23
(City Council) Approved Recommendation for Reimbursement by General Fund of
Unfunded Liability in the Refuse Fund (Trash Collection) (340.10)
This item was moved forward to earlier in the meeting during the public hearing to adopt
Resolution No. 2002-89.
Adjournment — City Council/Redevelopment Agency
Mayor Cook adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach to Monday, October 7, 2002, at 5:00 p.m., in Room B-8 Civic Center, 2000
Main Street, Huntington Beach, California.
ATTEST:
y f /
d-'V�
City Clerk and ex-officio Clerk f the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California