HomeMy WebLinkAbout2005-01-03 (6)Regular Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, January 3, 2005
4:00 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A videotape of the 6:00 p.m. portion of this meeting
is on file in the Office of the City Clerk.
Call to Order
Mayor Hardy called the regular meetings of the City CouncillRedevelopment Agency of the City of
Huntington Beach to order at 4:00 p.m_ in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook (Greer} arrived at 4:05 p.m.,
Bohr arrived at 4:06 p.m.)
Absent: None
(City Council/Redevelopment Agency) Study Session Held —Work Program and
Accomplishments of the Huntington Beach Conference and Visitors Bureau (HBCVB) (140.70)
Dale Dunn, Vice Chairman of the HBCVB, gave a PowerPoint presentation titled HB
Conference and Visitors Bureau: Past, Present & Future, which was included in the agenda
packet. Mr_ Dunn informed Council he has served continuously on the Bureau since its
inception 16 years ago. He spoke about the Bureau's early history and recent history, including
accomplishments in the past three years.
Mr. Dunn introduced Cormac O'Modhrain, Chairman of the CVB, who continued the
presentation by speaking regarding Bureau staff and Work Program including administration,
Visitor Center statistics, 2005 Visitor Guide, expanded advertising campaign, website,
continuing representation, marketing initiatives, and how funds are invested.
The President of the Bureau, Doug Traub, completed the presentation by speaking about
visions for the future of tourism in Huntington Beach. Mr. Traub informed Council of the top
Bureau funding requirements, and suggested a long-term funding contract between the City and
the CVB.
Council inquiries ensued regarding past funding, the Transient Occupancy Tax (TOT), the
hotel/motel business improvement district (BID), marketing opportunities, where additional funds
would be spent, return on investments, and repeat visitors to the City. Bureau committee
members and Economic Development Director David Biggs reported in response to the
inquiries.
Mr. Traub informed of his availability to meet with any councilmembers who were unable to
attend the recent Economic Conference held on December 14, 2004.
(2) January 3, 2005 - Council/Agency Minutes - Page 2
Motion to Recess to Closed Session — Approved
A motion was made by Coerper, second Sullivan to recess to Closed Session on the following
items. The motion carried by unanimous consent
(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, et al. (Franchise Agreement Case); Orange County Superior Court Case No.
03CCO2021, Appeal Case No. G032709; and Southern California Water Company v_ City of
Huntington Beach (Eminent Domain Case), Orange County Superior Court Case No.
04CCO8141. Subject: Southern California Water Company v. City of Huntington Beach.
(120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(c) to confer
with City Attorney regarding pending litigation based on existing facts and circumstances, the
legislative body of the local agency has decided to initiate or is deciding whether to initiate
litigation. Number of Potential Cases: One. Subject_ Potential Litigation regarding
Geoscience Analytical, Inc. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet with
its designated representatives: Agency Negotiators: Penelope Culbreth-Graft, City
Administrator; Dan ViIlella, Finance Officer; and Irma Youssefieh, Human Resources Manager
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 S Confer. (120.80)
Reconvened City Council/Redevelopment Agency Meeting — 6:00 P.M. — Council
Chambers.
City Council- Redevelopment Agency Roll Call
Present: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
Absent: None
(City Council) City Attorney's Report of Action Taken by the City Council in Closed
Session on January 3, 2005 Pursuant to Government Code §54957.1(a) (2) Regarding
Southern California Water Company v. City of Huntington Beach — Settlement
Agreement, Terms Contingent upon Franchise Agreement to Return to Council at a
Future Date Uncertain. (630.30)
City Attorney Jennifer McGrath reported that on Monday, January 3, 2005 the City Council
convened in Closed Session to discuss the matter of Southern California Water Company v.
City of Huntington Beach, et al. (Franchise Agreement Case); Orange County Superior Court
Case No. 03CCO2021, Appeal Case No. G032709; and Southern California Water Company v_
City of Huntington Beach (Eminent Domain Case), Orange County Superior Court Case No.
04CCO8141 and that a settlement agreement had been reached.
The significant terms of the settlement include a $126,000 payment to the City of Huntington
Beach, which is contingent upon the approval of a franchise agreement at a future meeting.
(3) January 3, 2005 - Council/Agency Minutes - Page 3
Pledge of Allegiance — Led by Mayor Jill Hardy
Invocation — Led by Reverend Peggy Price, President, Greater Huntington Beach Interfaith
Council
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:
Communication submitted by John and Jackie Satterthwaite dated December 29, 2004 titled For
Thursday packets for Monday January 3`d 2005 Meeting in opposition to Zoning Text Amendment
03-01 and Ordinance 3692 which amends Chapters 203 and 230 Of the Huntington Beach Zoning
and Subdivision Ordinance (HBZSO) Relating to Definitions, Fencing and Yards.
Communication submitted by Peter Valov dated December 28, 2004 titled Ordinance 03-01 in
opposition to Zoning Text Amendment 03-01 and Ordinance 3692.
Communication submitted by Joseph and Eleanor Nissim dated December 29, 2004, untitled, in
opposition to Zoning Text Amendment 03-01 and Ordinance 3692.
Communication submitted by Thomas Kiesewetter dated December 29, 2004 titled Zoning Text
Amendment 03-01 in opposition.
Communication submitted by Mike Palikan dated January 3, 2005 titled Petition in Opposition to
Zoning Text Amendment 03-01 (Through -Lot Development Standards) and signed by 43
homeowners in July 2004.
Communication submitted by Adrienne Parks dated January 3, 2005 and titled Opening
"Closed" Public Testimony re: D-1 Through Lots Amendment.
Communication submitted by Scott and Jennifer McCallister dated January 3, 2005 titled
Proposed Zoning Text Amendment No. 03-01 Amending Ordinance No. 3692, 113105 City
Council Agenda No. G-2a in opposition.
Communication submitted by Adrienne Parks dated January 3, 2005 titled Please forward to
City Attorney in advance of tonight's CC meeting in opposition to the proposed Through Lots
Zoning Text Amendment and Ordinance.
Communication submitted by Shirley Doo, undated and untitled, in opposition to proposed
Ordinance No. 3692.
Communication submitted by Donald Goodwin dated December 30, 2004, untitled, in opposition
to Zoning Text Amendment 03-01 and Ordinance 3692.
The Fallowing Additional Late Communications Were Submitted During the Meeting:
Communication submitted by Shirley Doo, undated and untitled, which is a group of 26 letters
written by neighbors stating support for Ms. Doo's ability to build a retaining wall on her
property.
(4) January 3, 2005 - Council/Agency Minutes - Page 4
Communication submitted by Art Hasegawa dated 1997 titled Conditional Use Permit No. 97-
62, New retaining wall at 16901 Westport Drive which is a collection of letters sent to the City
and received from the Zoning Administrator in 1997.
Communication submitted by Jackie Satterthwaite, undated and untitled, concerning the Taylor
residence on Gilbert Island_
Public Comments
Judith Zeller, Main Street resident, spoke regarding the staking out time change for the 0 of July
parade. Ms. Zeller requested Council to consider moving the time to 9:00 p.m. instead of 9:00 a.m.
Jean Nagy spoke in opposition to the proposed Through Lots Zoning Text Amendment on the
agenda. Ms. Nagy stated reasons including the opinion that restrictions would create an undue
burden on homeowners_
Dora Kaikainahaole stated her concerns about property rights, and asked that her rights be
protected.
Shirley Doo presented a PowerPoint slide of a proposed wall and landscape and inquired about
requirements for approval. Ms. Doo distributed a Late Communication to the City Clerk for the
record.
Art Hasegawa distributed a Late Communication consisting of letters to and from the City regarding
a wall built on his property_ Mr_ Hasegawa asked the City Council to consider all of the Public
Comments made about the Through Lots Ordinance.
Steve Stafford informed Council that there are flood problems in the high school parking lot in his
neighborhood, which he alleged have caused cracking in the foundation of the property on which he
lives.
Jack Crosthwait, resident of Gilbert Island, spoke in opposition to Zoning Text Amendment (ZTA)
03-01. Mr. Crosthwait stated through lot and waterfront homeowners support his position, and
urged a "no" vote on the proposed item.
Mina Patten spoke in support of ZTA 03-01 referring to safety and uniformity issues.
Jack Lopin spoke regarding property rights and restrictions, citing obligations and responsibilities
that come with ownership.
Shirley de Heras spoke in favor of ZTA 03-01, stating her opposition to all walls and her support of
restrictions.
Carole Garrett spoke regarding the safety and risk assessment responsibility of walls, the forum for
variance hearings, notification, and definitions concerning the proposed ZTA 03-01.
Manfred Lengsfeld spoke in favor of ZTA 03-01 as an engineer involved in seismic design
equipment. Mr. Lengsfeld informed Council of international building codes, which he stated may
affect the proposed retaining walls.
(5) January 3, 2005 - Council/Agency Minutes - Page 5
Scott Dowds spoke in opposition to ZTA 03-01 stating concerns with the taking of property rights.
Mr. Dowds urged Council to strike down the amendment and accept staff recommendations.
Dr. Andrew Tarnawski spoke in opposition to ZTA 03-01 citing concerns regarding property rights,
reduction in property value, and privacy rights. Dr. Tarnawski also referred to past meetings and
whether their nature was open and public.
Mike Palikan cited property rights violations, limits to renovations, concerns regarding the tax base,
and property values among his reasons for opposing ZTA 03-01.
John Satterthwaite stated his objection to ZTA 03-01 for reasons primarily due to concerns about
erosion of slopes. Mr. Satterthwaite also expressed concern for budgetary reasons, asking Council
to reject the amendment.
Heide Palikan reiterated her opposition to ZTA 03-01 for safety reasons, the violation of property
rights, and the definition of double -fronted lots.
Jackie Satterthwaite alleged impropriety (conflict of interest) relative to the proposed ZTA 03-01.
Ms. Satterthwaite distributed a Late Communication concerning the Taylor residence, and stated
her concerns relative to property rights and special interests.
Councilmember Cook responded to the previous speaker's allegation, rebutting the conflict of
interest issue and encouraging residents to contact the Fair Political Practices Commission (FPPC)
if they suspect impropriety by any elected officials.
Marlene Lapin spoke regarding the availability of public documents relating to through lot
concems. Ms_ Lapin stated her support for ZTA 03-01 and her opinion that through lots are not
backyards.
Jacquie McAniff stated that wails exist that some say are eyesores and others that enhance the
landscaping. Ms. McAniff stated her opposition to ZTA 03-01, that small interest groups have
caused the resultant proposal, and asked Council to follow the staffs recommendations.
Norma Gibbs, former Seal Beach and Huntington Beach Mayor, suggested the planting of ivy
relative to ZTA 03-01. Speaker commended the Planning Department, and expressed concern that
there should be less legislation, speaking in opposition to ZTA 03-01.
Scott McCallister, purchaser of the True residence, spoke on the purchase of his property and of
meeting with City staff. Mr. McCallister requested Council deny the proposed item citing concerns
with unfair restrictions and the potential negative effect on property values.
Elizabeth Rowell spoke in opposition to ZTA 03-01 stating that property rights should be protected.
Ms_ Rowell urged Council to vote "No" on the item.
Steve Ray, representing the Planning Commission (PC), congratulated the newly elected
Councilmembers' appointees: Fuhrman, Burnett and Dwyer. Mr_ Ray invited attendance of all
interested citizenry at a Planning Commission workshop scheduled for Tuesday, January 11, 2005
at 6:00 p-m. in the Council Chambers.
(6) January 3, 2005 - Council/Agency Minutes - Page 6
Gail Stoter spoke in support of ZTA 03-01 for reasons including the property rights of residences
who view walls erected on through lots.
David Lake inquired as to why a compromise cannot be made regarding ZTA 03-01 as to the type
of wall to be constructed. He also addressed what, in his opinion, is a lack of discussion on erosion
issues relative to the matter. Mr. Lake lastly commented on "spite fences" related to privacy and
safety.
Jay Sheth spoke in favor of preserving property rights and the ability of property owners to build
walls.
Donna Mance spoke in opposition to ZTA 03-01 stating concerns with violations of privacy,
property rights, and the maintenance of view fences. Ms. Mance also voiced a complaint of alleged
inaccessibility to the Huntington Harbour Property Owners' Association (HHPOA).
Josh Rorem spoke in support of preserving the property rights of through lot owners, asking the
City Council to deny ZTA 03-01.
Adrienne Parks, Westport Drive resident, informed Council of expenses incurred in the renovation
of her property. She reiterated her opposition to ZTA 03-01 citing government code regarding
property rights. Ms. Parks asked Council how the City plans to compensate property owners if their
property use is restricted.
(City Council) Approved Request to Bring Forward Agenda Item to Consider Approval of
Zoning Text Amendment No. 03-01 with Findings for Approval — Consider Approval of
Introduction as Amended Ordinance No. 3692 Amending Chapters 203 and 230 of the
Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Relating to Definitions, and
Fencing and Yards (450,20)
A motion was made by Cook, second Coerper to bring forward the agenda item to consider
approval of ZTA 03-01 with Findings for Approval and to consider approval for introduction as
amended Ordinance No_ 3692. The motion carded by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Denied Approval of Zoning Text Amendment No. 03-01 with Findings for
Approval - Denied Introduction as Amended Ordinance No. 3692 Amending Chapters 203
and 230 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Relating to
Definitions, and Fencing and Yards - Continued from the December 20, 2004 Meeting
(450.20)
Mayor Pro Tern Dave Sullivan recused himself from participation in this agenda item due to a
possible conflict of interest.
Councilmember Debbie Cook reported orally, speaking of property rights issues, zoning, the
abilities of cities to enforce restrictions, and whether the issue is really about the "fill" or the
walls.
(7) January 3, 2005 - Council/Agency Minutes - Page 7
Councilmembers Gil Coerper and Don Hansen expressed opposition to approval of the item due
to concerns relative to property rights protection and the differences in geography of the through
lot properties.
Councilmember Keith Bohr also stated opposition, after having visited several properties in
question and discussing the compromise with various parties.
Councilmember Cathy Green stated her opposition to approval based on concerns about
property rights, privacy, and safety for children. She informed that she had toured through lot
locations and does not find the proposed ZTA to be logical because there is not one solution
which fits all properties.
A motion was made by Green, second Coerper to deny Zoning Text Amendment No. 03-01 with
Findings for Approval. (Vote to follow)
Councilmember Cook expressed the concern that the Covenants, Conditions and Restrictions
(CC&Rs) have not been enforced. She clarified her opposition to the walls, and to the
compromise solution.
Further Council comments were made clarifying the existence of attractive walls, the City's
responsibilities regarding enforcement of CC&Rs, and requesting neighbors to work together to
address these issues in the future.
Mayor Jill Hardy cautioned that ugly walls could still be built, and stated that she would have
liked to see a compromise. She stated that she would vote against denial in order to make a
statement, though she expects the item will fail.
City Clerk Joan L. Flynn asked for clarification from the maker if the motion included denial of
introduction Ordinance No. 3692 - amending Chapters 203 and 230 of the Huntington Beach
Zoning and Subdivision Ordinance (HBZSO) Relating to Definitions, and Fencing and Yards
The maker of the motion and the second agreed to this amendment.
The amended motion to deny Zoning Text Amendment (ZTA) No. 03-01 and to deny
introduction of Ordinance No. 3692 carried by the following roll call vote:
AYES:
Hansen, Coerper, Green, Bohr
NOES:
Hardy, Cook,
ABSENT:
None
ABSTAIN:
Sullivan
(City Council) Announcement Made by Councilmember Debbie Cook of the Individual
Appointment of (1) Randy Fuhrman to the Planning Commission; and the ReAppointment
of (1) Tim Geddes to the Finance Board; (2) Carole Ann Wall to the Fourth of July Board;
(3) Joe Foye to the investment Advisory Board; and (4) George Mason to the Public
Works Commission. (110.20)
Councilmember Cook made the above announcements_
(8) January 3, 2005 - Council/Agency Minutes - Page 8
(City Council) Announcement Made by Councilmember Keith Bohr of Individual
Appointments of (1) Debbie Stock to the Fourth of July Board; (2) Brian Olson to the
Investment Advisory Board; (3) Elizabeth Burnett to the Planning Commission; and (4)
Pat Spencer to the Public Works Commission. The appointment for Finance Board will
be announced at the January 18, 2005 Council Meeting. (110.20)
Councilmember Bohr made the above announcements.
(City Council) Announcement Made by Councilmember Don Hansen of Individual
Appointments of (1) Devin Dwyer to the Planning Commission; and (2) Michael Siersema
to the Public Works Commission. (110.20)
Councilmember Hansen made the above announcements.
(City Council) Announcement Made by Councilmember Gil Coerper of the Individual
Appointment of Florence Rini to the Fourth of July Board. (110.20)
Councilmember Coerper made the above announcement.
(City Council) Announcement Made by Mayor Pro Tom Dave Sullivan of the Individual
Appointment of Monica Hamilton to the Investment Advisory Board. (110.20)
Mayor Pro Tern Sullivan made the above announcement.
(City Council) City Administrator Penelope Culbreth-Graft Announced a February 22,
2005 Agenda Item Regarding Recreational Vehicle (RV) Parking. (160.10)
Dr. Penelope Culbreth-Graft announced that an item regarding Recreational Vehicle (RV)
Parking would be agendized for the Tuesday, February 22, 2005 City Council meeting.
Consent Calendar — Item Removed for Separate Discussion
The following item was removed from the Consent Calendar for separate discussion:
(City Council/Redevelopment Agency) Minutes
Consent Calendar — Items Approved
On motion by Coerper, second Bohr Council approved the following Consent Calendar items, as
recommended. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Adopted Resolution No. 2005-1 which Amends Resolution No. 2004-21 by
allowing the use of Styrofoam for the City's Senior Nutrition Program. (520.15) — Adopted
Resolution No. 2005-1 — A Resolution of the City Council of the City of Huntington Beach,
California, Prohibiting the use of Expandable Polystyrene (Commonly Referred to By the Trade
Name Styrofoam' j Food Service Products Within City Facilities and at City -Sponsored Events.
Submitted by the Community Services Director. Funding Source: Not Applicable.
(9) January 3, 2005 - Council/Agency Minutes - Page 9
(City Council) Adopted Resolution No. 2005-2 for Summary Vacation of Excess Right -of -
Way, A Public Service Easement (Lot A, Adjacent to Lot 58 of Tract 4243 — commonly
known as 5842 Trophy Drive). (800.50) — Adopted Resolution No. 2005-2 — A Resolution of
the City Council of the City of Huntington Beach Ordering the Summary Vacation of the Public
Service Easement Identified as Lot A, Adjacent Lot 58 of Tract 4243 (Commonly Known as
5842 Trophy Drive). Submitted by Director of Economic Development and Director of Public
Works_ Funding Source: Not Applicable.
(City Council) Approved to Deny Four Offers to Dedicate (OTDs) Public Access
Easements Submitted by the Coastal Conservancy (1.) 15922 Pacific Coast Highway —
Simple Green Building (2.) Countess Drive (Portofino Development) (3.) 16212, 16222,
16242 & 16246 Pacific Coast Highway (4.) 4212 Warner Avenue (Huntington Harbour Bay
Club). (650.80) — Submitted by Director of Planning, Director of Public Works, Director of
Economic Development and Risk Manager. Funding Source: Not Applicable_
(City Council) Adopted Resolution No. 2005-3 Approving Street Name Change from
Alcala Drive to Veleta Drive, Tract 9580, Grid 462. (800.70) — Adopted Resolution No. 2005-3
— "A Resolution of the City Council of the City of Huntington Beach Providing for the Change of
the Street Name of Alcala Drive to Veleta Drive." Submitted by the Chief of Police. Funding
Source: Any costs associated with changing the street sign can be absorbed in the existing
fiscal year 2004-2005 Police Department budget. The identified cost is related to changing the
one street sign and is estimated to be $26.00.
(City Council/Redevelopment Agency) Minutes (120.65)
The City Council considered a communication submitted by City Clerk Joan L_ Flynn.
Councilmember Green requested that this agenda item be removed from the Consent Calendar
to abstain from approving the November 29, 2004 minutes since she was absent.
A motion was made by Cook, second Sullivan to approve and adopt the minutes of the City
Council/Redevelopment Agency Adjourned Special Meeting of November 29, 2004, the City
Council/Redevelopment Agency Regular Meeting of December 6, 2004 as written and on file in
the Office of the City Clerk: The motion carried by the following roll call vote:
AYES: Coerper, Sullivan, Hardy, Cook
NOES: None
ABSENT: None
ABSTAIN: Hansen, Green, Bohr
(City Council) Adopted Ordinance No. 3693 Amending Chapter 10.12 of the Huntington
Beach Municipal Code Relating to Speed Limits (580.60)
After the City Clerk read by title, a motion was made by Green, second Cook to adopt
Ordinance No. 3693 —An Ordinance of the City of Huntington Beach Amending Chapter 10.12
of the Huntington Beach Municipal Code Relating to Speed Limits. " (Approved for introduction
at the December 20, 2004 Council Meeting_) The motion carried by the following roll call vote:
AYES. Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(10) January 3, 2005 - Council/Agency Minutes - Page 10
(City Council) Adopted Ordinance No. 3694 Amending Chapter 5.24 of the Huntington
Beach Municipal Code Relating to Massage Establishments (570.10)
After the City Clerk read by title, a motion was made by Green, second Bohr to adopt Ordinance
No. 3694 — 'An Ordinance of the City of Huntington Beach Amending Chapter 5.24 of the
Huntington Beach Municipal Code Relating to Massage Establishments."(Approved for
introduction at the December 20, 2004 Council Meeting.) The motion carried by the following roll
call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
Adjournment -- City Council/Redevelopment Agency
Mayor Hardy adjourned the regular meetings of the City CouncillRedevelopment Agency of the City
of Huntington Beach at 7:45 p-m_ to Tuesday, January 18, 2005, at 3.30 p.m., in Room B-8 Civic
Center, 2000 Main Street Huntington Beach, California.
Cit lerk and ex-officio Cl*of the City
Council of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
ATTEST:
ft 4 J I -CA (-, 1. A �.. 1)
City Clerk-6erk