HomeMy WebLinkAbout2004-09-07Regular Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Tuesday, September 7, 2004
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 Green called the regular meetings of the City Council/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: Sullivan, Coerper, Hardy, Green, Boardman, Cook
Absent: None
Public Comments
Norm "Firecracker" Westwell complimented the Fourth of July Board on the 2004 fireworks
display and stated his opinion that fireworks on the beach should happen each year. His
suggestion was to mount the fireworks on trailers on the Pier and to keep Ruby's Diner open for
as long as possible. Mr. Westwell suggested the City adopt Rose Bowl standards of occupying
space instead of staking out space along the parade route, and reiterated his support for "safe
and sane" fireworks.
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced Late
Communications regarding an agenda item that had been received by her office following
distribution of the agenda packet:
Two communications submitted by the Community Services Department dated September 7,
2004 replacing slide 7 and slide 8 of the Power Point Presentation titled City CounciUFourth of
July Executive Board Centennial Celebration Joint Study Session.
(City CouncillRedevelopment Agency) Joint Study Session of the City Council and the
Community Services Department's Fourth of July Executive Board Held to Discuss
Issues Regarding 1) Executive Board Makeup; 2) Fireworks 2004 and 2005; and 3)
Staking out Parade Route — Councilmember Gil Coerper to Bring Forward to a Date
Uncertain (960.30)
Fourth of July Executive Board Roll Call
Present: Pat Stier, Chair, Michael Ali; Margie Bunten; Karen Pedersen; Carole Ann Wall
Absent: Mary Ellen Cianciabella
(2) September 7, 2004 - Council/Agency Minutes - Page 2
Community Services Director Jim Engle presented a PowerPoint report detailing: 1) The
Board's current makeup; 2) Proposed expansion of the Board and/or professional assistance to
compensate for increased responsibilities; 3) The fireworks display; and 4) Financials and
operational/safety evaluations.
Councilmembers inquired about pending revenue, coordinating with the state beach in regards
to hours of operation, and corporate sponsorship of the fireworks display. Also expressed were
other safety issues including the possible negative effects of launching the fireworks from the
pier, and concerns about emergency vehicle access during the event.
Further discussion ensued relative to the responsibilities of the Board and whether these
responsibilities should be scaled back rather than increased. Council and staff discussed
concerns relating to obtaining staff volunteers, overtime expenses, and additional fire and police
requirements. Councilmembers asked for specifics on reorganization of the Board due to term
limits and other factors.
Director Engle announced that he would meet with the Fourth of July Executive Board and
return to the City Council with recommendations the second meeting in October. He also
thanked all city staff and the various departments involved for their extra efforts.
Board Chairperson Pat Stier reported on sponsorship opportunities and the need to start earlier
than last year. She thanked staff and all of the city departments for their support of the Board.
Police Chief Kenneth Small spoke about "staking out" along the parade route and the increased
challenges a midnight deadline pose for his staff.
There was dialog amongst councilmembers regarding alternative deadlines, additional
bleachers on the parade route, and occupation versus staking.
Further discussion followed relative to term limits for board members and the amount of training
necessary to fully function on the Board. Council preferences for board members, whether or
not they should be Council -appointed or chosen by staff.
Councilmember Coerper announced that he would bring forward to a date uncertain an H item
to Council on staking.
Motion to Recess to Closed Session — Approved
A motion was made by Coerper, second Boardman to recess to Closed Session on the following
items. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives. Agency Negotiators: Penelope Culbreth-Graft, City
Administrator; William P. Workman, Assistant City Administrator; Clay Martin, Director of
Administrative Services; Jim Engle, Director of Community Services; Kenneth Small, Chief of
Police; Duane Olson, Fire Chief; and Steven M. Berliner, Esq. and Bruce Barsook, Esq. of
Liebert Cassidy Whitmore regarding labor relations matters — meet and confer with the following
employee organizations: MEO, MEA, PMA, FMA, HBPOA, HBFA, MSOA, SCLEA and Non -
Associated. Subject: Labor Relations— Meet & Confer. (120.80)
(3) September 7, 2004 - Council/Agency Minutes - Page 3
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation, which has been initiated formally and to which the
city is a party. The title of the litigation is Southern California Water Company v. City of
Huntington Beach, of al.; Orange County Superior Court Case No. 03CCO2021. Subject:
Southern California Water Company v. City of Huntington Beach, of at. (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 Opp v. City of Huntington Beach, of al.; Court of
Appeals, Fourth Appellate District, Division 3, Case No. G025947 [Opp 1]; and Opp v. City of
Huntington Beach, of at.; Orange County Superior Court Case No. 748927, Court of Appeals
Case No. G030601 [Opp 11]. Subject: Opp v. City of Huntington Beach, of al. [Opp I and
Opp 11]. (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 City of Huntington Beach v. Huntington Beach
Police Officers' Association; United States District Court Case No. SA 01-1125 JVS;.and
Scottsdale Insurance Company v. Huntington Beach Police Officers Association, and the related
counterclaim, American States Insurance v. City of Huntington Beach, United States District
Court Case No. SA 03-1143 JVS. Subject: City of Huntington Beach v. HBPOA (Gun
Range), and related cases. (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 State of California ex rel. Nora Armenta v. James
Jones Company, et al.; Los Angeles Superior Court Case No. BC 173487; and Potential
Related Action, City of Huntington Beach v. James Jones. -AND-
Pursuant to Government Code Section 54956.9(c) to confer with City Attorney regarding
pending litigation based on existing facts & circumstances, the legislative body of the local
agency has decided to initiate or is deciding whether to initiate litigation. Number of Potential
Cases: one Subject: State of California ex rel. Nora Armenta v. James Jones Co., et al.;
and Potential Related Action, City of Huntington Beach v. James Jones. (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 7:00 P.M. — Council
Chambers.
City Council- Redevelopment Agency Roll Call
Present: Sullivan, Coerper, Hardy, Green, Boardman, Cook
Absent: None
No Actions Taken Which Require a Reporting Pursuant to Government Code
§54957.1(a) (3) (B)).
Mayor Green asked City Attorney Jennifer. McGrath if there were any actions taken by the City
Council or Redevelopment Agency in Closed Session that required a reporting. City Attorney
McGrath responded that there were no actions to report.
(4) September 7, 2004 - Council/Agency Minutes - Page 4
Pledge of Allegiance — Led by Mayor Cathy Green
Invocation — Led by Father Christian Mondor, Sts. Simon and Jude
The City Clerk Announced Late Communications
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced Late
Communications regarding agenda items that had been received by her office following
distribution of the agenda packet:
Two communications from the Community Services Department replacing slide 7 and slide 8
(Pages SS.7 and SS.8) of the PowerPoint presentation titled City Council/Fourth of July
Executive Board Centennial Celebration Joint Study Session.
{Vine communications dated September 7, 2004 stating their opposition to the Planning
Commission approval of CUP 03-51, a third story addition located at 9151 Bermuda Drive.
Submitted by Gail and Scott Swanson, John Engh, Mike and Bev Grossman, Linda Miller,
James and Pamela Fast, Ann McCarthy Jeanne McKee, James Gallagher and Frances Martin.
A PowerPoint presentation submitted by the Planning Department titled Local Coastal Program
Amendment No. 1-03 revising the PowerPoint that was included in the agenda packet.
A PowerPoint presentation submitted by the City Administrator and the Director of
Administrative Services titled Fiscal Year 200412005 Budget Presentation.
Communication submitted by Administration dated September 7, 2004 titled Intergovernmental
Relations Committee — Recommendations for Legislative Action, which revises the date on the
PowerPoint presentation.
Communication submitted by Administration dated September 1, 2004 titled Cogged Stone Site,
CA-ORA-831144 National Register of Historic Places.
Communication submitted by the Economic Development Department dated September 7, 2004
titled Late Communication for Agenda Item H-1a transmitting two maps regarding the Mobile
Home Park Conversion Ordinance.
The Following Additional Late Communications Were Submitted During the Meeting:
An illustration of the proposed home remodel relating to Public Hearing Item ❑-1 (undated and
untitled) was submitted by Alise Clevely.
Copies of photographs of homes in the neighborhood relative to Public Hearing Item D-1
(undated and untitled) were submitted by Jim Gill.
An illustration of an alternative home remodel relating to Public Hearing Item D-1 (undated and
untitled) was submitted by Chris Clevely.
(5) September 7, 2004 - Council/Agency Minutes - Page 5
Presentation — Made by Mayor Cathy Green who called on Rita Johnson from American Legion
Auxiliary Unit 133 to introduce Nina Ho, who was selected to participate in the Girls Nation
Program. The Mayor presented Ms. Ho with a key to the City and a commendation. (160.40)
Presentation — Made by Mayor Cathy Green who called on Councilmember Gil Coerper to accept
a recognition award for the City for adopting a "No Smoking" on the Beach ordinance_ The
presentation was made by Jim Walker, Executive Director for Stop Tobacco Abuse of Minors
Pronto (STAMP) and Herm Perlmutter, Program Supervisor for the Orange County Health Care
Agency Tobacco Use Prevention Program. (160.40)
Presentation — Made by Mayor Cathy Green who called on Fire Chief Duane Olson and Public
Works Director Robert Beardsley. Chief Olson introduced John Coleman, Manager of Community
Mitigations Services for the Insurance Services Offices (ISO). The City has received the ISO's
highest Fire Suppression Rating based on its evaluation of three major features: fire alarms and
communication systems, the Fire Department, and the city water supply systems. The plaque Mr.
Coleman presented commemorates the achievement of a Class 1 Fire Suppression rating. Only 42
Fire Departments nationwide have earned this distinction. The Fire Chief and the Public Works
Director recognized their staff members. The Public Works Director gave special recognition to City
Engineer, Dave Webb. (160.40)
Presentation — Made by Mayor Cathy Green who called on Art Center Director Kate Hoffman. Ms.
Hoffman introduced the Art Center Foundation Co -Chairs Jerry Chapman and Diana Casey. The
Art Center Foundation presented a check for $45,000 to the City's Art Center, and announced a
fundraising brunch for the Art Center to be held at the Waterfront Hilton on September 19, 2004. (160.40)
Public Comments
Steve Stafford spoke regarding Crystal Island referring to what he described as an agreement
between the City and the school district to maintain streets. Mr. Stafford alleged an illegal permit
had been issued to the developer by the City.
Nancy Hastings spoke on behalf of Surfrider Foundation and Orange County Coastkeepers in
support of the proposed Marine Life Protection Act (MLPA) and the related Resolution No. 2004-74
on the agenda.
Thomas Cox spoke in support of the proposed Mobile Home Park Conversion Ordinance and
asked the City Council for a unanimous decision supporting fair market value.
Joey Racano spoke in support of the Intergovernmental Relations Committee's recommended
action regarding legislation pending on Item 1 (proposed Resolution 2004-74 regarding the Marine
Life Protection Act (MPLA)), Item 2 (Orange County Sanitation District request for Federal funding)
and Item 5 (Cogged Stone Site as a Historic Site). Mr. Racano also reiterated his support of the
proposed Mobile Home Park Conversion Ordinance.
Jan Vandersloot spoke in support of the Resolution regarding the Marine Life Protection Act
(MLPA), the Orange County Sanitation District's request for federal funding of $10 million, and the
request by Senator Diane Feinstein relating to the Cogged Stone Site. Mr. Vandersloot also
commended the City Clerk's office for the quality of the minutes.
(6) September 7, 2004 - Council/Agency Minutes - Page 6
Peter Albin! spoke relative to how, in his opinion, citizens should be treated. Mr. Albini stated his
support for "in place" or fair market value regarding the Mobile Home Park Conversion Ordinance.
Steve Ray, Vice Chair of the Planning Commission, spoke in support of the proposed amendments
to the Planning Commission's hearing process. Mr. Ray explained the rationale behind the
suggested amendment and asked the City Council for its support.
Andrea Hiser and Michael Hiser spoke in support of fair and equitable market value for the mobile
home owners in the event their parks are closed.
John McGregor spoke in support of the proposed Mobile Home Park Conversion Ordinance and
asked for an explanation of the vote at the prior meeting.
Councilmember Cook clarified there had been no vote on the proposed Mobile Home Park
Conversion Ordinance itself — there was only a vote on postponing the item to another meeting.
Jean Vierling spoke in support of the proposed Mobile Home Park Conversion Ordinance.
Kent Lucas alleged an existing conflict of interest for Council to vote on the Mobile Home Park
Conversion Ordinance due to the fact that the City owns a park, Ocean View Estates.
Councilmember Cook spoke regarding the reason why the City Council placed the proposed Mobile
Home Park Conversion Ordinance on the agenda.
Carmine Santanio stated his opinion that the current Mobile Horne Park Conversion Ordinance
does not compensate adequately, and that he doesn't think the Smoking Ordinance is being
enforced.
Guy Fortin, Grace Sandlin, Mary Jo Baretich, Jim Barker, Robert Lupo, and Billie Kennedy all
spoke in support of the proposed Mobile Home Park Conversion Ordinance.
AI Caraccia informed Council that some mobile homes have incorrectly been defined as "trailers"
when they are in fact manufactured homes. He related some of the history of the original ordinance
and how the homes were appraised. Mr. Caraccia stated, in his opinion, that homes in his park are
valued upwards of $100,000 to $300,000.
Linda Smith, Secretary of Huntington -by -the -Sea Homeowners Association, informed Council that
her mobile home park is due to close in 2015.
Mayor Green asked for clarification from Ms. Smith regarding the Huntington -by -the -Sea lease. She
received the response that the park is not extending beyond 2015, which is the current length of the
lease held by residents.
Stella Lambretta, Patricia Devone and David Carlson all spoke in favor of the proposed Mobile
Home Park Conversion Ordinance.
Barry Johnson spoke in support of the proposed conversion ordinance and asked Council to move
the vote forward on the agenda.
Councilmember Boardman responded in the affirmative, stating it was her plan to do so.
(7) September 7, 2004 - Council/Agency Minutes - Page 7
Stephanie Barger, Executive Director for the Earth Resource Foundation spoke regarding smoke -
free beaches. She recognized the influence of youths and commended Councilmember Coerper
for supporting the ordinance. Ms. Barger also spoke regarding the September 18, 2004
Intercoastal Clean-up Day for which there are 18 sites throughout the County. Ms. Barger lastly
spoke in support of Agenda Item F-1, the Marine Life Protection Act and other administrative items.
Rex Ricks spoke in support of an administrative item and asked the City Council to help the mobile
home park homeowners.
Vickie Talley, Executive Director of the Manufactured Homes Educational Trust (MHET) spoke in
opposition to the proposed Mobile Home Park Conversion Ordinance. Ms. Talley alleged that the
proposed ordinance violates the constitution and state law. She further opined that the proposed
ordinance is unfair to park owners and homeowners alike and needs to be modified.
Councilmember Boardman cited the law regarding relocation in rebuttal to the previous speaker's
comments_
Cheryl Cook spoke in support of the proposed Mobile Home Park Conversion Ordinance and
expressed her concerns regarding rent increases and the impact these increases will have on
homeowners.
Steve Gullage spoke in support of Resolution 2004-74 relating to the Marine Life Protection Act
(MLPA) and in support of "in place" value for mobile homes. Mr. Gullage also spoke regarding
having heard of threats of rent increases if the proposed conversion ordinance is passed.
Councilmember Sullivan asked the previous speaker, as a representative of the local and the state
mobile home associations, what the chances are of another park picking up relocated homes. The
speaker responded that the chances are quite small.
Councilmember Cook inquired about the cost of manufactured homes, and Mr. Gullage responded.
Mike Barngrover spoke in favor of the Mobile Home Park Conversion Ordinance asking the City
Council for their support.
Norm "Firecracker" Westwell, City Council and State Assembly Candidate, recommended either
Grace Winchell or Ralph Bauer be appointed to replace Pam Houchen. He spoke in support of the
Planning Commission's proposed amendments to the hearing process and in opposition to several
Consent Calendar items and ordinances being considered for adoption. Mr. Westwell suggested
adding language to the Mobile Home Park Conversion Ordinance that would protect the landowners
as well.
Shawn Thompson-McGarrigle, resident of Bermuda Street, spoke regarding Public Hearing Item
D-1 on the agenda stating that, in her opinion, the proposed renovations to the Clevely home are
not in violation of the infill ordinance.
A motion was made by Boardman, second Sullivan to move Agenda Item H-1a (Mobile Home Park
Conversion Ordinance) forward. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None
(8) September 7, 2004 - Council/Agency Minutes - Page 8
(City Council) The Mayor Dedicated the Meeting to Evelyn Waters, CERT Volunteer (120.85)
Mayor Cathy Green dedicated the meeting to the memory of Evelyn Waters, Community
Emergency Response Team (CERT) volunteer.
(City Council) Continued from August 16, 2004 Council Meeting - Directed City Attorney to
Return to Council Within 30 Days an Ordinance to Amend Huntington Beach Zoning and
Subdivision Code Relating to Mobile Home Park Conversion (120.90)
Communication from Councilmember Connie Boardman transmitting the following Statement of
Issue: At the May 17, 2004, City Council Meeting, I brought forward an H-Item regarding the City's
Mobile Home Park Conversion Ordinance (see Attachment 1). At that time, I recommended that
the Council consider alternatives to update the ordinance and give direction to the City Attorney as
to what changes, if any, the Council wishes to make to the ordinance and that the City Attorney
return the amended ordinance to the Council for approval.
Because of the complexity of the issues involved, the matter was scheduled for a City Council
Study Session on July 19, 2004, where staff compared three elements of our conversion ordinance
with ordinances from seven other California cities (Fremont, Los Gatos, Mountain View, San Jose,
San Juan Capistrano, Sunnyvale, and Windsor). The three major elements of the Mobile Home
Park Conversion Ordinance that the Council may wish to consider updating include: (1) the method
for valuing mobile homes to be purchased rather than relocated, (2) the radius within which
residents to be relocated may be moved, and (3) the minimum compensation park owners must
provide displaced residents. A summary of this comparison is provided below:
Coach Valuation
Method
Relocation
Radius
Minimum Compensation from
Park Owner to Residents
Huntington Beach
Original purchase
50 miles
a. Cost of physically moving mobile
price discounted
home within relocation radius.
4.7% per year
b. If resident wishes to relocate
mobile home beyond relocation
radius, additional cost of
relocation beyond 50 miles will be
paid by homeowner.
c. If coach cannot be relocated,
residents will be compensated
according to the following formula:
The original purchase price of
each unit will be ascertained and
discounted at a rate of 4.7% per
year. This amount may not be less
than $4,500 plus moving
expenses up to $500, an
aggregate not to exceed $5,000.
c. For residents not relocated, rent
differential of 50% of the increase
in the cost of housing for first year,
not to exceed $750.
(9) September 7, 2004 - Council/Agency Minutes - Page 9
Coach Valuation
Relocation
Minimum Compensation from
Method
Radius
Park Owner to Residents
Fremont
In Place Value
Reasonable
a. General relocation assistance.
Distance
b. Relocation of mobile homes that
can be moved within a reasonable
distance considering each
resident's job, medical facilities,
and other important facilities.
c. Reasonable cost housing, if
available, in the new development
project.
d. For residents unable to relocate
their coach or move into new
development project, the in place
value of their coach.
Los Gatos
Fair Market Value
Within Town
a. If resident relocates coach to
of Los Gatos
another park in Los Gatos, cost of
(residents
physically moving mobile home.
may choose
b. If resident relocates coach to
to relocate
another park outside of Los
elsewhere)
Gatos, the estimated cost of
moving to the closest park that
would accept the coach.
c. For residents unable to relocate
their coach, the fair market value
of their coach.
Mountain View
Fair Market Value
None
To be determined by City Council at
time of application by park owner.
At a minimum, if suitable
relocation is not available, each
resident must be compensated
the in place fair market value of
their coach.
San Jose
In Place Value
Santa Clara,
a. Costs of moving furniture and
Alameda,
personal belongings to new
Santa Cruz,
residence.
or San Mateo
b. Cost of physically moving mobile
County
home.
c. For residents who move into
multifamily housing, any rent
differential for first two years of
tenancy.
d. For residents who relocate to
another mobile home park, any
rent differential for first two years
of tenancy.
e. For residents unable to relocate
their coach, the in place value of
their coach.
(10) September 7, 2004 - Council/Agency Minutes - Page 10
Coach Valuation
Relocation
Minimum Compensation from
Method
Radius
Park Owner to Residents
f. For disabled, elderly, low income,
or families with children, the City
may require extended leases
beyond the park closure date.
g. For disabled, elderly, low income,
or families with children, the City
may require setting aside rental
spaces for continued tenant
occupancy.
San Juan
Fair,Market Value
50 miles
a. Costs of relocation.
Capistrano
b. Costs of physically moving mobile
home.
c. First and last month's rent and any
security deposit at new mobile
home park.
d. Any rent differential at new mobile
home park for first year of
tenancy.
e. For residents unable to relocate
their coach, the fair market value
of their coach.
Sunnyvale
In Place Value
20 miles
a. For residents who elect to
relocate:
1. A housing allowance of $1,300
adjusted for inflation (1980) for
first month's rent, security
deposit, and temporary lodging.
2. An additional allowance will be
provided of $3,200 for a single -
wide and $12,650 for a
multisection mobile home,
adjusted for inflation.
3. Costs of physically moving
mobile home.
b. For residents who elect to sell
their mobile homes, 85% of (1) in
place value or (2) cost of local
relocation.
Windsor
Fair Market
30 miles
a. General relocation assistance.
Value
b. Costs of physically moving mobile
home.
c. First and last month's rent and any
security deposit at new mobile
home park.
d. Any rent differential at new mobile
home park for first year of
(11) September 7, 2004 - CounciVAgency Minutes - Page 11
Coach Valuation
Method
Relocation
Radius
Minimum Compensation from
Park Owner to Residents
tenancy.
e. For residents unable to relocate
their coach, the fair market value
of their coach.
f. For residents who move into
multifamily housing, any rent
differential for first two years of
tenancy.
In addition to the above three elements of the Mobile Home Park Conversion Ordinance that the
Council may consider updating, I recommended that the City Council add a provision to the
ordinance to eliminate the potential for mobile home park owners to raise rents and force lower
income residents out of their homes. I proposed that the Council add language, such as the
following, to prevent park owners from intentionally driving out residents prior to announcing their
intent to close a park, thereby avoiding the relocation or compensation previsions of the City's
ordinance.
Mobile home park owners applying to the City for a conversion of use must submit satisfactory
documentation evidencing the following for each month for the period three years prior to the
owner's initial announcement of his or her intent to close the park through the date of application to
the City: each resident within the park, identifying all residents with children, disabled residents, and
elderly residents; the square footage of each mobile home lot; the monthly rental rate for each
mobile home lot; and the monthly space vacancies. For any resident during this period that the City
determines lost their mobile home due to abandonment or foreclosure resulting from an elevation
in space rent, the park owner shall be obligated to pay all compensation that would have otherwise
been due under this ordinance. The park owner shall locate any such former residents and provide
current contact information to the City. If any such former residents cannot be located, the City
shall hold their compensation in trust for three years. At the end of this time, if the former resident
(or the resident's heirs, if the resident is deceased) has not been located, the funds will be used to
provide affordable housing in the City.
The City Council considered a communication submitted by the Administration Office and included
in the agenda packet, received in the City Clerk's Office on September 1, 2004 of 52 postcards from
residents of the Pacific Mobile Home Park in support of Mobile Home Park Conversion Ordinance.
Councilmember Boardman gave an oral report.
A motion was made by Boardman, second Cook that the Council give direction to the City
Attorney to change the City's ordinance to include the use of in place fair market value to
establish the value of the coaches and to reduce the relocation radius to 20 miles. This motion
also directs the City Attorney to include the language immediately above to protect mobile home
owners and that the City Attorney return the amended ordinance within 30 days to the Council
for approval.
(12) September 7, 2004 - Counc!UAgency Minutes - Page 12
Councilmember Cook proposed amending the motion to include the provision that the value of the
mobile homes not be less than replacement value. She also stated her opinion that the revised
ordinance should be legally defensible, and that the City defends it if necessary.
Councilmember Coerper stated for the record that he supports a revised ordinance, and made a
substitute motion, seconded by Green, that an ad hoc committee be formed composed of two
mobile home owners, inclusive of Steve Gullage, Mayor Green, Councilmember Boardman, City
Attorney Jennifer McGrath, Vickie Talley, the landowner and Economic Development Director
David Biggs to report back to Council in 30 days.
Council discussion ensued relative to advisory boards, committees, subcommittees, and the
time frames involved with the issue.
Mayor Green informed Council of her opinion that the committee had been close to an
agreement, and that she is concerned about the legalities of the ordinance.
(City Council) Substitute Motion Failed on Proposed Formation of an Ad Hoc Committee
to Study a Mobile Home Conversion Ordinance (120.25)
The Substitute motion failed by the following roll call vote:
AYES: Coerper, Green
NOES: Sullivan, Hardy, Boardman, Cook
ABSENT: None
The aforementioned main motion was restated, as amended to include verbiage that the
amount paid to the mobile home owner be not less than the replacement value of a similar
square footage and size.
Council made further inquiries to the City Attorney pertaining to the City Charter and zoning
matters.
Mayor Green stated for the record that she would not vote for an ordinance that she believes
had portions that are legally indefensible.
The amended motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Boardman, Cook
NOES: Green
ABSENT. None
The City Council recessed 9:10 p.m. and reconvened 9:15 p.m.
(City Council) No Action Taken on City Attorney Jennifer McGrath's Report Regarding
the legal Requirements to Fill a Vacancy on the City Council (120.40)
Communication from the City Attorney transmitting the following Statement of Issue: City
Councilmember Pam Houchen has submitted her written resignation, effective September 2, 2004_
The following legal requirements apply to the appointment of a new City Councilmember.
(13) September 7, 2004 - Council/Agency Minutes - Page 13
Section 312 (a) of the City of H untington Beach Charter states 'Vacancies. A vacancy in the City
Council or in any other office designated as elective by this Charter, from whatever cause arising,
shall be filled by appointment by the City Council." And Section 312 (c) of the City of Huntington
Beach Charter states "Replacement. In the event it shall fail to fill a vacancy by appointment within
60 days after such office shall become vacant, the City Council shall forthwith cause an election to
be held to fill such vacancy for the remainder of the unexpired term."
Based on the Charter, the City Council may appoint a person to serve the remainder of Ms.
Houchen's unexpired term, which ends on December 7, 2004. Since Ms. Houchen's resignation is
effective September 2, 2004, the Council has until November 1, 2004, to fill the vacancy by
appointment. Coincidentally, the last regularly scheduled Council meeting prior to the expiration of
the sixty-day period is November 1, 2004. If the Council does not make an appointment to the
position by November 1, 2004, it must forthwith cause an election to be held to fill the vacancy.
However, based on our initial review of state law, it appears that the earliest date for such an
election would be March 8, 2005, well after the end of Ms. Houchen's unexpired term.
Please note that the Brown Act specifically requires that all discussion for the appointment of an
elected official take place in open session. The exception that exists to allow closed session
discussion of personnel matters does not apply to the appointment of an elected official. (Gov't
Code Section 54957(b)(4).) The appointee's term will expire on December 7, 2004.
(City Council) Public Hearing Held — Upheld Planning Commission's Approval of
Conditional Use Permit No. 03-51, Alise Clevely, Applicant for a Third Story Addition -
Clevely Residence Located at 9151 Bermuda Drive (nls of Bermuda Drive and e/o
Magnolia Street) - Directed Staff to Return with a Moratorium on 3-Story Housing to Allow
Council to Change the Code (420.40)
Mayor Green announced that this was the time noticed for a public hearing to consider an
Appeal of the Planning Commission's Approval of Conditional Use Permit No. 03-51 (Clevely
Residence — Third Story Addition)
Applicant: Alise Clevely
Appellant: City Council Member Debbie Cook
Request: To permit the construction of a new 518 square foot third floor balcony in conjunction
with the partial reconstruction and expansion of an existing two-story single-family dwelling. The
dwelling will have an overall building height of 35 feet. The request includes a review and analysis
for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property
owners to review proposed development for compatibility/privacy issues, such as window
alignments, building pad height, and floor plan layout.
Location: 9151 Bermuda Drive (north side of Bermuda Drive and east of Magnolia Street).
Environmental Status: Notice is hereby given that this agenda Item is categorically exempt from the
provisions of the California Environmental Quality Act.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted.
(14) September 7, 2004 - Council/Agency Minutes - Page 14
The City Council considered nine communications dated September 7, 2004 stating their
opposition to the Planning Commission approval of CUP 03-51, a third story addition located at
9151 Bermuda Drive. Submitted by Gail and Scott Swanson, John Engh, Mike and Bev
Grossman, Linda Miller, James and Pamela Fast, Ann McCarthy Jeanne McKee, James
Gallagher and Frances Martin.
Assistant Planner Rami Talleh gave a PowerPoint report. Mr. Talleh answered several inquiries from
councilmembers relating to Conditional Use Permits (CUP), compliance with ordinances, the basis of
the appeal, and the history of the ordinance changes relating to building height.
Alise Clevely, Applicant, provided public testimony outlining actions on the Conditional Use
Permit (CUP) for her home renovation. She enumerated efforts she has made to engage her
neighbors in discussion in order to mitigate any concerns. Ms. Clevely stated that the
construction on her home would comply with new home standards, and distributed a Late
Communication announced earlier by City Clerk Joan L. Flynn, an illustration of the proposed
home remodel.
Mayor Green declared the public hearing open.
Prior to calling the speakers, City Clerk Flynn restated for the record the other Late Communications
she had announced earlier that pertain to this public hearing.
Frank Begg spoke in favor of approving the CUP. Mr. Begg stated, in his opinion, that the home
remodel would add to the value of surrounding property.
Chris Young spoke in opposition to the Conditional Use Permit (CUP). He stated concerns about
compatibility with three-story homes in neighborhoods with existing one-story homes.
Bev Garnett spoke in opposition to the proposed development. Ms. Garnett stated her opinion that it
is not right for the tract, and that it would make her neighborhood look like Huntington Harbour.
John Engh stated his opposition to approval of the Conditional Use Permit citing concerns with wind
pattern and sun exposure changes.
Mayor Pro Tern Hardy asserted her opinion that the neighborhood border should be drawn at
Banning Avenue, not Pacific Coast Highway.
Norm "Firecracker" Westwell spoke in favor of approving the Conditional Use Permit to encourage
homeowners to improve their property rather than letting the property become dilapidated or residents
moving out of the city.
Jim Gill spoke in opposition to approval of the Conditional Use Permit stating that, to his knowledge,
there was a petition in opposition with 125 signatures. Mr. Gill stated his opinion that no three-story
homes should exist between Hamilton and Banning Avenues, and distributed a Late Communication.
Ed Webb, Nancy Hadley, Becky Weinthal, Meg Watson, Teri Malpass, Jack Kirkorn, Marilyn
Ellison, and Richard Loy all spoke in opposition to approval of the Conditional Use Permit stating
concerns with compatibility and future development.
Kevin Coleman spoke in favor of approving the Conditional Use Permit.
(15) September 7, 2004 - Council/Agency Minutes - Page 15
Chris Clevely spoke about the efforts he has made to ensure a successful project, and distributed a
Late Communication announced earlier by City Clerk Flynn, which is an illustration of an alternative
home remodel_
There being no persons present to speak further on the matter and there being no further
protests filed, either written or oral, the Mayor declared the public hearing closed.
Council discussion ensued regarding the need to change the code citywide to further regulate
creation of three-story homes.
Further discussion was held regarding the possibility of establishing a three-story building
moratorium giving Council time to investigate the issue.
A motion was made by Sullivan, second Hardy to deny CUP 03-51 with Findings of Approval.
The motion failed by the following roll call tie vote:
AYES: Sullivan, Coerper, Hardy
NOES: Green, Boardman, Cook
ABSENT: None
FINDINGS AND CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 03-51
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Zoning Administer finds that the project will not have any significant effect on the environment
and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to
section 15302 of the CEQA Guidelines, because the project consists of the replacement of an
existing structure and facilities where the new structure will have substantially the same purpose
and capacity are exempt.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-51:
Conditional Use Permit No. 03-51 for the construction of a new 518 sq. ft. third floor and 133 sq.
ft. third floor balcony in conjunction with the partial reconstruction and expansion of an existing
two-story single-family dwelling with an overall height of 35 ft. will not be detrimental to the
general welfare of persons working or residing in the vicinity or detrimental to the value of the
property and improvements in the neighborhood. The third story addition is concealed within
the second story roof volume and setback 5 ft. from the first and second story fagade to
minimize building mass and bulk. In addition, the third story windows are oriented away from
the adjacent residences to preserve their privacy. The third story deck is oriented toward the
public right-of-ways only and screened from abutting residences. Access to the third story deck
is provided from within the dwelling. The second and third story addition will maintain a 31 ft.
front yard setback consistent with existing homes in the neighborhood and twice the setback
required by code. In addition, the proposed site coverage will be approximately 10% less then
the code allowed maximum of 50%.
2. The conditional use permit to construct a third story addition to a single family home will be
compatible with surrounding uses because the proposed three story home is designed to
appear as a two-story home with dormer windows. Furthermore, the third story addition is
(16) September T, 2004 - Council/Agency Minutes - Page 16
similar in design, materials, and massing as other dwellings existing in the surrounding
neighborhood. In addition, several other single-family homes with similar designs have been
constructed within the neighborhood. Furthermore, the third story deck is setback five feet from
the building exterior and is located below the highest point of the second story roof.
3. The proposed conditional use permit will comply with the provisions of the base district and
other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision
Ordinance, including parking requirements, maximum building height, maximum lot coverage,
minimum yard setbacks, and third -story design criteria.
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 RL (Residential Low Density) on the
subject property. In addition, it is consistent with the following goals and policies of the General
Plan:
LU 9.2.1: Require that all new residential development within existing neighborhoods be
compatible with existing structures, including the:
LU 9.2.1 b: Use of building heights, grade elevations, orientation, and bulk that are compatible
with surrounding development;
LU 9.2.1 c: Maintenance of privacy on abutting residences.
The proposed dwelling will comply with maximum building height permitted in the RL zone
with a conditional use permit. The proposed third -story and third -story deck will be setback from
the first and second -story facade as required by the HBZSO, thus minimizing the building
massing, and is designed in compliance with the City's third -story design standards. No third -
story windows or deck areas are oriented toward adjoining properties.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.03-51:
The site plan, floor plans, and elevations received and dated May 20, 2004, shall be the
conceptually approved design with the following modifications:
a. The elevations shall be revised to depict a dimension line measuring the height of the
structure from top of curb to the highest point of the structure. The height of the structure
shall not exceed 35 ft. 0 in.
b. The floor plans shall be revised to depict the interior dimensions of the existing garage.
The minimum interior dimensions shall be 18 ft. by 19 ft.
2. Prior to submittal for building permits, 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.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different
from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify
and hold harmless the City of Huntington Beach and its agents, officers, and employees from any
(17) September 7, 2004 - Council/Agency Minutes - Page 17
claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its
agents, officers or employees, to attack, set aside, void or annul any approval of the City, including
but not limited to any approval granted by the City Council, Planning Commission, or Design
Review Board concerning this project. The City shall promptly notify the applicant of any claim,
action or proceeding and should cooperate fully in the defense thereof.
A motion was made by Boardman, second Cook to direct staff to return to Council with a Moratorium
on three-story housing so that Council and Staff have time to change the current code.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None
(City Council) Public Hearing Not Opened -- Amended Motion Approved to Continue to
9120104 as a Consent Calendar Item to Approve Modifications to the Local Coastal Program
Amendment (LCPA) No.1-03 Suggested by the California Coastal Commission by Adopting
Two Resolutions Amending the Huntington Beach Zoning and Subdivision Ordinance
Sections 230, 231 and 254, Respectively (420.85)
Mayor Green announced that this was the time noticed for a public hearing to consider approval
of modifications to the Local Coastal Program Amendment (LCPA) No. 1-03.
Applicant: City of Huntington Beach
Request: 1.) To accept modifications to the Huntington Beach Zoning and Subdivision Ordinance
approved by the California Coastal Commission on June 10, 2004 for LCPA No. 1-03; and 2.) To
amend the Huntington Beach Zoning and Subdivision Ordinance to reflect the California Coastal
Commission's modifications.
Location: Coastal Zone.
Environmental Status: Notice is hereby given that this agenda Item is categorically exempt from
the provisions of the California Environmental Quality Act.
Planning Director Howard Zelefsky orally reported in response to Council inquiries regarding intent
of the item.
City Clerk Joan L. Flynn restated for the record the Late Communication she had announced earlier.
City Attorney McGrath clarified that the public hearing is not being opened.
Staff recommended action was presented as follows:
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(18) September 7, 2004 - Council/Agency Minutes - Page 18
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A motion as amended to change the recommended action was made by Sullivan, second
Hardy to continue the item to the 9/20/04 meeting and to change it to a Consent Calendar
agenda item with 2 resolutions. The motion carried by the following roll call vote:
AYES: Sullivan, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None (Coerper out of the room)
(City Council) Opened Public Hearing and Continued Open to September 20, 2004 to
Consider Adoption of the Proposed City Budget for Fiscal Year 2004-05 (320.20)
Mayor Green announced that this was the time noticed for a public hearing for the purpose of
considering the City budget for fiscal year 2004/05.
The proposed budget for FY 2004/05 totals $297,925,177 including General Fund Expenditures of
$148,432,357. The complete, proposed budget for FY 2004/05 may 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 Proposed Budget Message and Budget Summary may be
obtained by the public from the City's website at http:l/www.surfcity-hb.org.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Administrative Services Director Clay Martin presented the PowerPoint report included in the
agenda packet.
Mayor Green declared the public hearing open.
City Clerk Joan L_ Flynn restated for the record the Late Communication she had announced earlier.
There being no persons present to speak on the matter and there being no protests filed, either
written or oral, the Mayor declared the public hearing continued until September 20, 2004.
(19) September 7, 2004 - Council/Agency Minutes - Page 19
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council) The Children's Needs Task Force Reappointments of Ian Collins, Patricia
Guidotti, Phyllis Lembke, and Catherine McGough and the Appointments of Adam Buttons and
Rebecca Keene for a Term of September 1, 2004 to August 31, 2008 and Approve the Student
Appointment of Katherine Do and Student Reappointment of Travis Holler for a Term of
September 1, 2004 to April 30, 2005
(Redevelopment Agency) Agency Resolution No. 350 Approving an Owner Participation
Agreement and Affordable Housing Agreement between the Agency and Colette's Children's
Home, Inc., (a Four -flex Providing Shelter and Social Services to Homeless Women and their
Children) Located at 7702 Cypress Avenue (Oakview Redevelopment Project Area)
(City Council) Project Plans and Specifications and Advertisement of Bids for the Civic Center
ADA (Americans with Disabilities Act) Site Accessibility Project; CC-1245 (to Provide Adequate
Access to City Hall Buildings Including the Council Chambers and City Jail)
Consent Calendar— Items Approved
On motion by Sullivan, second Coerper Council approved the following Consent Calendar items, as
recommended. The motion carved by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: None
ABSENT: None (Cook out of the room)
(City Council/Redevelopment Agency) Minutes (120.65) - Approved and adopted the
minutes of the City Council/Redevelopment Agency Regular Meetings of June 21, 2004, July 6,
2004, and July 19, 2004 as written and on file in the Office of the City Clerk. Submitted by the
City Clerk.
(City Council) Waived Bid Requirements by Directing Staff to Prepare and Execute
Amendment No. 2 to the Professional Services Contract between the City and
Advocation, Inc. for Lobbying Services to Assist in the Acquisition of State Funding for
Priority Projects Within the City and Related Legislative Issues (600.10) 1. Waived the
requirement to go out to bid; and 2. Approved extending the contract with Advocation for one
additional year at the same rate as last year; and 3. Authorized staff to prepare and execute
contract Amendment #2 to the professional services contract, as approved by the City Attorney,
between the City of Huntington Beach and Advocation, Inc. for the purpose of assisting the City
in the acquisition of state funds for priority projects within the City and to advocate on our behalf
on legislation that impacts the City. Submitted by Mayor Pro Tern Jill Hardy, Chair, on Behalf of
Intergovernmental Relations Committee Members, Councilmembers Gil Coerper and Dave
Sullivan_ Funding Source: Funds for the Contract have been budgeted in the 2004-05 fiscal
year budget under the General Fund Intergovernmental Relations Professional Services
Account. The total cost for this contract amendment is not to exceed $64,000.00 for the year.
(20) September 7, 2004 - Council/Agency Minutes - Page 20
(City Council) Waived Bid Requirements by Directing Staff to Prepare and Execute
Amendment No. 2 to the Professional Services Contract between the City and the
Ferguson Group, LLC to Assist the City in its Intergovernmental Affairs Program in the
Acquisition of Federal Funding and Related Legislative Issues (600.10) —
1. Waived the requirement to go out to bid; and 2. Approved extending the contract with The
Ferguson Group with the same terms as previous years with an increase of 5% from $76,000.00
to $79,800.00; and 3. Authorized staff to prepare and execute contract Amendment #2, as
approved by the City Attorney, to the professional services contract between the City of
Huntington Beach and the Ferguson Group for the purpose of assisting the City in the
acquisition of Federal funds for priority projects within the City. Submitted by Mayor Pro Tern Jill
Hardy, Chair, on Behalf of Intergovernmental Relations Committee Members, Councilmembers
Gil Coerper and Dave Sullivan. Funding Source: Funds for the Contract have been budgeted
in the 2004-05 fiscal year budget under the General Fund Intergovernmental Relations,
Professional Services Account. The total cost for this contract amendment is not to exceed
$79,800.00 for the year.
(City Council) Approved Extension of the Professional Services Contract between the
City and Moreland & Associates, Inc. to Assist in the Processing of Howard Jarvis
Property Tax Refund Claims — Authorized Appropriation of Funds Not to Exceed $350,000
(600.10) —1. Authorized the City Administrator to extend the agreement with Moreland &
Associates, Inc. to assist in processing property tax refund claims; and 2. Appropriated
$350,000 from Fund 707, the Employees' Rate Contingency fund (identified as impounded
property tax override revenue from FY 2000-01) to fund the agreement. Submitted by the
Administrative Services Director. Funding Source: Sufficient funds (not -to -exceed $350,000)
exist as part of FY 2000-01 property tax override revenue impound.
(City Council) Approved Deposit Agreement between the City and CIMIHuntington, LLC
for Bond Counsel and Other Legal Services Incurred in the Formation of a Community
Facilities District (CFD) for The Strand Project (600.10) —1. Approved the Deposit
Agreement by and between the City of Huntington Beach and CIMIHuntington, LLC for Bond
Counsel and Other Services relating to the formation of the Community Facilities District for The
Strand project and authorized the Mayor and City Clerk to sign the agreement; and 2.
Authorized the acceptance of $10,000 deposit funds from CIMIHuntington, LLC into revenue
account 10000100.48410 and appropriated $10,000 from the Economic Development Business
Development Fund account 10080 10 1.69325 for expenses associated with Professional
Services Contracts pertaining to the deposit agreement, and authorized the reimbursement to
CIMIHuntington, LLC any unspent deposit funds after the termination of the consultants'
contracts; and 3. Authorized the Director of Economic Development to enter into the
Professional Services Contracts funded through the Deposit Agreement with CIMIHuntington,
LLC. Submitted by the City Attorney and the Economic Development Director. Funding
Source: General Fund unappropriated fund balance. An equal amount of revenue will be
deposited into the General Fund. In essence there will not be an impact on the General Fund.
(City Council) Accepted Annual Review of the Flood Management Plan (FMP) and
Authorized Submittal to the Federal Emergency Management Agency (FEMA) (550.50)
Accepted the annual review of the Flood Management Plan as adequate and completed and
forwarded it to FEMA. Submitted by the Planning Director. Funding Source: Not applicable.
(21) September 7, 2004 - Council/Agency Minutes - Page 21
(City Council) Approved Project Plans and Specifications and Authorized Advertisement
of Bids for the Central Paris and Warner & Nichols Storm Water Treatment Project; CC-
1257 (600.60) — Approved the project plans and specifications and authorized the Director of
Public Works to request bids for the Central Park and Warner & Nichols Storm Water Treatment
Project, CC-1257. Submitted by the Public Works Director. Funding Source: Funds are
budgeted in the Proposition 13 - 2000 Water Bond Act Grant Account. The engineer's cost
estimate is $450,000.
(City Council) Adopted Resolution No. 2004-72 Amending the Memorandum of
Understanding (MOU) between the City and the Surf City Lifeguard Employees'
Association (SCLEA) by Adopting the Side Letter of Agreement Re: the 1,500 Hours
Provision (Number of Permitted Work Hours within a Twelve -Month Period) (720.20) -
Adopted Resolution No. 2004-72 — `A Resolution of the City Council of the City of Huntington
Beach Amending the Memorandum of Understanding between the City and the Surf City
Lifeguard Employees'Association, by Adopting the Side Letter of Agreement (Regarding
Number of Permitted Work Hours within a Twelve -Month Period)." Submitted by the
Administrative Services Director. Funding Source: No cost.
(City Council) Directed Staff to Prepare Mayor's Letter to the State Department of Parks and
Recreation Exercising City's Option to Extend the Bolsa Chica State Beach Operating
Agreement between the City and the State of California for 20 Years (November 30, 2006 to
November 30, 2026) (120.90) — Approved exercising the city's option granted in the 1986 Bolsa
Chica State Beach Operating Agreement between the city and the State of California to extend the
term for a period of twenty years from November 30, 2006 to November 20, 2026, and authorized
staff to prepare a letter for the Mayor's signature to communicate the option to the State
Department of Parks and Recreation. Submitted by the Community Services Director. Funding
Source: Not applicable.
(City Council) Approved a Reimbursement Agreement between the City and Huntington
Center Associates, LLC for Professional Building Inspection Services in Connection with
the Bella Terra Project — Authorized Appropriation of Funds
(600.10) - 1. Approved the Reimbursement Agreement between the City of Huntington Beach
and Huntington Center Associates, LLC and authorized the Mayor and City Clerk to sign; and 2.
Appropriated Ninety Thousand Dollars ($90,000) to Building & Safety Department operating
account number 10055201.69365 in connection with the Reimbursement Agreement between
the City and Huntington Center Associates, LLC; and 3. Authorized the acceptance of two
payments of $45,000.00 on or before October 1, 2004 and February 1, 2005 from Huntington
Center Associates, LLC for building inspection services. Submitted by the Building and Safety
Director. Funding Source: The proposed Agreement allows the developer to pay for expanded
services by depositing funds totaling $90,000. Two payments of $45,000 each will be made on
or before October 1, 2004, and February 1, 2005.
(City Council) Approved the Children's Needs Task Force Reappointments of Ian Collins,
Patricia Guidotti, Phyllis Lembke, and Catherine McGough and the Appointments of
Adam Buttons and Rebecca Keene for a Term of September 1, 2004 to August 31, 2008
and Approved the Student Appointment of Katherine Do and Student Reappointment of
Travis Holler for a Term of September 1, 2004 to April 30, 2005 (570.70)
Councilmember Coerper requested that this agenda item be removed from the Consent
Calendar to highlight the names of the appointees and reappointees.
(22) September 7, 2004 - Council/Agency Minutes - Page 22
A motion was made by Coerper, second Green to approve the Children's Needs Task Force
Appointments and Reappointments as recommended. The motion carried by the following roll
call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: None
ABSENT: None (Cook out of the room)
(Redevelopment Agency) Adopted Agency Resolution No. 350 Approving an Owner
Participation Agreement and Affordable Housing Agreement between the Agency and
Colette's Children's Home, Inc., (a Four-Plex Providing Shelter and Social Services to
Homeless Women and their Children) Located at 7702 Cypress Avenue (Oakview
Redevelopment Project Area) (600.30)
Councilmember Coerper requested that this agenda item be removed from the Consent
Calendar to inquire if staff has received any comments from the community. Deputy Executive
Director David Biggs reported that no issues have been raised.
Councilmember Boardman commented on the favorable impression Colette's Children's Home
has made on its neighbors.
A motion was made by Coerper, second Green to adopt Agency Resolution No. 350 — "A
Resolution of the Redevelopment Agency of the City of Huntington Beach Approving an Owner
Participation Agreement by and between the Redevelopment Agency of the City of Huntington
Beach and Colette's Children's Home, a California Nonprofit Corporation." The motion carried
by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman
NOES: None
ABSENT: None (Cook out of the room)
(City Council) Approved Project Plans and Specifications and Authorized Advertisement
of Bids for the Civic Center ADA (Americans with Disabilities Act) Site Accessibility
Project; CC-1245 (to Provide Adequate Access to City Hall Buildings Including the
Council Chambers and City Jail) (600.70)
Councilmember Coerper requested that this agenda item be removed from the Consent
Calendar to inquire if plans are available for the public to view. Public Works Director Robert F.
Beardsley reported approved plans would be made available in his office.
A motion was made by Coerper, second Hardy to approve the project plans and specifications
and authorize the Director of Public Works to request bids for the Civic Center ADA Site
Accessibility Project, CC-1245. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None
(23) September 7, 2004 - Council/Agency Minutes - Page 23
(City Council) Approved City Council Position on Legislation Pending before the
Federal, State, or Regional Governments as Recommended by the City Council
Intergovernmental Relations Committee (IRC) -- Adopted Resolution No. 2004-74
Regarding the Implementation of the Marine Life Protection Act (MLPA) (640.90)
Communication from Mayor Pro Tern .till Hardy, Chair, Intergovernmental Relations Committee, on
behalf of members, Councilmember Gil Coerper and Councilmember Dave Sullivan transmitting the
following Statement of Issue: Should the City Council authorize the Mayor to communicate the
City of Huntington Beach's support for or opposition to legislation currently pending before the
elected members of the Federal or State Legislatures, a State or regional body or to be put on a
ballot for approval by the voters?
A motion was made by Hardy, second Coerper to:
1. ADOPT Resolution Number 2004-74- "A Resolution of the City Council of the City of
Huntington Beach Regarding the Implementation of the Marine Life Protection Act (MLPA);"
and
2. AUTHORIZE a letter of SUPPORT for the Orange County Sanitation District's request
for $10 million in Federal funding for Infrastructure Improvements to meet Federal
Secondary Treatment Standards;
and
3. REMOVE SUPPORT and watch SCA 9 (Brulte) -- Transportation as Amended 7/29104:
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None
A motion was made by Hardy, second Coerper to SUPPORT Proposition 1A (SCA 4) on the
November Ballot — Providing Constitutional Protection for Cities' Property Tax Revenues and other
components of the State Budget Compromise. The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None
Mayor Pro Tern Hardy reported on the Cogged Stone Site (CA-ORO-83), its location in Bolsa
Chica and the connection to the City of Huntington Beach, and requested Council support.
Council discussion ensued relative to the history of this item, the purpose of the designation as
a historical site, effects on future development of the land, and communications with interested
parties.
(24) September 7, 2004 - Council/Agency Minutes - Page 24
A motion was made by Sullivan, second Hardy to approve a letter of SUPPORT for designation
of the Cogged Stone Site (CA-ORO-83) in Huntington Beach as a Historic Site on the National
Register of Historic Places as requested by Senator Feinstein.
The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Boardman, Cook
NOES: Green
ABSENT: None
(City Council) Approved as Amended to Apply to Public Hearing Items Only - Proposed
Amendments by the Planning Commission to the Planning Commission Public Hearing
Process Regarding Presentation and the Allocation of Speakers' Time (110.10)
Communication from the Planning Director transmitting the following Statement of Issue:
Transmitted for (Council) consideration are proposed amendments to the Planning Commission
public hearing process, contained in Section 12: Presentations to the Planning Commission
(Attachment No. 1). The section is only a portion of the overall changes to the Planning
Commission public hearing process focusing on presentations to the Planning Commission and
allocation of speakers' time. The remaining changes to the public hearing process are pending
and have not received preliminary Planning Commission approval.
The Planning Commission approved the amendments to the Planning Commission public
hearing process and the allocation of speakers' time and is recommending approval. The
proposed amendments are recommended to improve the public hearing process by defining the
role of the applicants, appellants, and the general public; provide opportunities to make
presentations; and allow allocation of speakers' time up to a maximum of 12 minutes. The
proposal was approved for a trial period of one-year and is to be re-evaluated by the Planning
Commission after that time. The revised public presentation process is outlined in Attachment
No. 1.
Planning Director Howard Zelefsky gave an oral report explaining staffs recommendation of
non-support. Director Zelefsky also referred to the comments made by Planning Commissioner
Steve Ray earlier in the Public Comments section of the meeting.
A motion was made by Sullivan, second Hardy to approve the Planning Commission Public
Hearing Process — Speakers' Allocation of Time as submitted by the Planning Commission for a
trial period of one-year (ATTACHMENT NO. 1 in the agenda packet).
Council discussion followed relative to concerns about having different rules for the Council and
the Commission, the distinctions between public hearing items, non-public hearing items, the
donation of speaker's time and the legalities of regulating comments on different types of
issues.
The motion on the table was withdrawn.
A motion was made by Sullivan, second Hardy to approve the Planning Commission's
Recommendation as amended to pertain to public hearing items only. The motion carried by
the following roll call vote:
AYES: Sullivan, Hardy, Boardman, Cook
NOES: Coerper, Green
ABSENT: None
(2.5) September 7, 2004 - Council/Agency Minutes - Page 25
(City Council) Adopted Ordinance No. 3661 Establishing the Huntington Beach Downtown
Business Improvement District (BID) (460.30)
After the City Clerk read by title, a motion was made by Cook, second Boardman to adopt
Ordinance No. 3661 - "An Ordinance of the City of Huntington Beach Establishing the Huntington
Beach Downtown Business Improvement District." (Approved for introduction as amended August
16, 2004.) The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3662 Amending Chapter 2.86 of the Huntington Beach
Municipal Code Relating to the Powers and Duties of the Library Director (700.10)
After the City Clerk read by We, a motion was made by Cook, second Boardman to adopt
Ordinance No. 3662 - "An Ordinance of the City of Huntington Beach Amending Chapter 2.86 of
the Huntington Beach Municipal Code Relating to Powers and Duties of the Library Director."
(Approved for introduction August 16, 2004.) The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None
(City Council) Reviewed and Approved the Property Tax Refund Appeal Practices and
Guidelines and Approved as Amended Introduction of Ordinance No. 3663 Modifying
Ordinance No, 3653 which Established Appeal Procedures for the Howard Jarvis Tax
Refund Property Claims Filing Process (630.50)
After the City Clerk read by title, a motion was made by Hardy, second Boardman to:
1. Review and approve the property tax refund appeal practices and guidelines;
and
2. Approve for introduction Ordinance No. 3663 "An Ordinance of the City of Huntington Beach
Modifying Ordinance No. 3653 which Established the Appeal Procedures for Tax Refund
Claims Filed in Connection with the Case Entitled "Howard Jarvis Taxpayers Association v.
County of Orange" and Real Party in Interest City of Huntington Beach, Orange County
Superior Court Case No. 818780."
Councilmember Sullivan amended the motion, second Coerper to revise the ordinance to
provide the appellant with 30 days notice prior to the hearing (Section 1(c)) and to send
notification via certified mail, return receipt rather than regular mail (Section 1(e)).
The amended motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None
(26) September 7, 2004 - Council/Agency Minutes - Page 26
(City Council) Approved for Introduction Ordinance No. 3667 Amending Huntington
Beach Municipal Code Chapter 13.08 to Expand for Clarification the Definition of Beach
(630.10)
After the City Clerk read by title, a motion was made by Coerper, second Boardman to approve
for introduction Ordinance No. 3667 — "An Ordinance of the City of Huntington Beach
Amending Chapter 13.08 of the Huntington Beach Municipal Code Pertaining to Beach
Regulations." The motion carried by the following roll call vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook
NOES: None
ABSENT: None
(City Council) Motion Failed to Schedule a Study Session for City Council Discussion of an
Alternate Process to Section 2.34 of the Municipal Code for the Appointment of Planning
Commissioners (120.10)
Communication from Councilmember Boardman transmitting the following Statement of Issue:
The Huntington Beach Municipal Code, Chapter 2.34, establishes the City Planning Commission
and outlines their duties, membership, appointments, terms, and compensation. Specifically, sub
section 2.34.050 Appointment states, "Each member of the City Council shall appoint one member
to the Planning Commission."
During my term on the City Council, I have seen that some members of our boards and
commissions are appointed through an application and interview process. Other board and
commission appointments are made without the formality of such a process. Appointments to the
Planning Commission, for example, are typically made without an application and interview
procedure.
i believe it is a good time for the City Council to discuss how we appoint members of the Planning
Commission, and to compare that to a variety of other cities to see if there is an alternative way the
Council may wish to appoint commissioners.
A motion was made by Boardman, second Cook to schedule a Study Session to discuss an
alternate process for the appointment of Planning Commissioners.
Mayor Green and Mayor Pro Tem Hardy stated their reasons for opposing the motion.
The motion failed by the following roll call tie vote:
AYES: Coerper, Boardman, Cook
NOES: Sullivan, Hardy, Green
ABSENT: None
(City Council) Councilmember Coerper Commended Eagle Scouts (120.85)
Councilmember Gil Coerper announced he had attended two events for Eagle Scouts. He
commended Henry Edward Grumet and Christopher Andrew Case for their achievements.
(27) September 7, 2004 - Council/Agency Minutes - Page 27
(City Council) Councilmember Boardman announced Jazz Concert Series (120.85)
Councilmember Connie Boardman announced she had attended a wonderful Jazz Concert at
the Art Center. She highly recommended the series, and thanked the Art Center and Boeing for
their efforts.
Adjournment — City Council/Redevelopment Agency
Mayor Green adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach to Monday, September 20, 2004, at 5.00 p.m., in Room B-8 Civic Center, 2000
Main Street Huntington Beach, California.
ATTEST:
City Clerk- lerk
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City Cfjk and ex-officio Clerk ff the City
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