HomeMy WebLinkAbout2005-03-21Regular Minutes
City Council/Redevelopment Agency
City of Huntington Beach
Monday, March 21, 2005
4:30 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audiotape of the 4:30 p.m. portion of this meeting
and a videotape of the 6:00 p.m. portion of this meeting
are on file in the Office of the City Clerk.
The 4:00 p.m. portion of the meeting was recessed by Deputy City Clerk Patricia Albers to 4:30
p.m. in Room B-8 due to a lack of quorum.
Call to Order
Mayor Hardy called the regular meetings of the City Council/Redevelopment Agency of the City of
Huntington Beach to order at 4:30 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Hansen, Coerper, Sullivan (arrived at 4:37 p.m.), Hardy, Green (arrived at 4:35 p.m.),
Bohr, Cook
Absent: None
The City Clerk Announced a Late Communication
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced a Late
Communication regarding an agenda item that had been received by her office following
distribution of the agenda packet:
Communication submitted by Director of Economic Development David C. Biggs dated March
21, 2005 and titled Late Communication — Study Session Item Edinger Corridor, which included
a copy of a PowerPoint report, an area map, and a summary of community workshops.
(City Council) Study Session Held — Presentation Made by the Economic Development
Department Regarding Edinger Corridor Specific Plan No. 14 Including Anticipated
Schedule (460.10)
Economic Development Director David Biggs gave a PowerPoint report titled Late
Communication — Study Session Item Edinger Corridor conveying the background of the
project, the contract/scope of work, the geographic boundaries, the planning/environmental
benefits, the public infrastructure benefits, the implementation/finance benefits, the workshops,
and lastly the current status of the project. Planning Manager Scott Hess gave an update on
the timeline for approval based on a request.
(2) March 21, 2005 - Council/Agency Minutes - Page 2
Discussion followed amongst Council and staff relative to collaboration with a neighboring city,
water issues, parking space requirements, "form based" code used by other cities, the
dissemination of information to the public, and redevelopment area plan exceptions.
Mayor Hardy voiced her approval that the topic has returned for Council consideration.
Motion to Recess to Closed Session — Approved
A motion was made by Sullivan, second Coerper to recess to Closed Session on the following
items. The motion carried by consensus of all present, none absent.
(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. (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
Villella, Finance Officer; and Irma Youssefieh, Human Resources Manager regarding labor relations
matters — meet and confer with the following employee organizations: PMA, FMA, MSOA, SCLEA,
HBFA and Non -Associated. Subject: Labor Relations — Meet & Confer. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(b)(3)(A) to
confer with its City Attorney regarding pending litigation. (Facts and circumstances that might
result in litigation against the local agency but which the local agency believes are not yet
known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.)
Number of Potential Cases: 1-450. Subject: Potential Litigation. (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 March 21, 2005 Pursuant to Government Code §54957.1(a) (2) Regarding 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 (120.80)
City Attorney Jennifer McGrath reported that on Monday, March 21, 2005 the City Council
convened in Closed Session to discuss the matter of City of Huntington Beach v. Huntington
Beach Police Officers Association; United States District Court Case No. SA 01-1125 JVS, and
(3) March 21, 2005 - Council/Agency Minutes - Page 3
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. A settlement was authorized as follows: Cities of Cypress,
Westminster, Fountain Valley, Orange, and Costa Mesa in the amount of $8,500.00 each.
Silverado Sportsman Club in the amount of $7,500.00. Yava Pai Firearms Academy, Ltd. in the
amount of $2,800.00.
Flag Ceremony and Pledge of Allegiance — Led by Post 558 Infantry Explorers from Los
Alamitos High School.
Invocation — Led by Maria Khani from the Islamic Center of Orange County.
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 Councilmember Cathy Green, undated, titled The New 22, which
is a packet of information detailing the Garden Grove Freeway (SR-22) Improvement Project.
Communication submitted by Joyce Riddell, President of the Huntington Beach Chamber of
Commerce dated March 11, 2005 titled Land Use Change to Allow Timeshares in Districts 7 & 9 of
the Downtown Specific Plan (DTSP) supporting proposed changes to land use regulations that
would allow timeshare development.
Communication submitted by the Acting Director of Public Works dated March 21, 2005 titled
Good Shepherd Cemetery Drainage Concerns Related to Proposed Expansion, including
copies of photographs illustrating drainage concerns.
Communication submitted by the Planning Department dated March 21, 2005 titled Nautical North
Modifications to Slopes, which is a PowerPoint presentation.
Communication submitted by Steve Stafford dated March 21, 2005 titled Agenda Item E-12
requesting the item be pulled from Agenda.
Communication submitted by Andy Holguin, President of Pearl Island Homeowners Association
dated March 21, 2005, untitled, stating his concerns relating to the housing community of Pearl
Island Court (tract 15943).
Communication submitted by Penelope Culbreth-Graft, City Administrator dated March 18, 2005
titled Late Communication — Personnel Commission Comments; March 21, 2005 City Council
Agenda Item #F2 forwarding Personnel Commissioner Taylor's comments on proposed changes to
the city-wide table of organization.
Communication submitted by Administration dated March 17, 2005 titled Exhibit B Non -Associated
Salary Schedule Effective September 24, 2005 which is a replacement for agenda packet page
number F-3.92.
(4) March 21, 2005 - Council/Agency Minutes - Page 4
Communication submitted by Administration dated March 17, 2005 titled Proposed NA Contract
adding four pages to Attachment #1 of Agenda Item F3 that were inadvertently omitted from being
submitted for the agenda packet.
Communication submitted by Fire Chief Duane Olson dated March 21, 2005 titled Late
Communication — Item F-7, March 21, 2005 "Adopt Automatic Aid agreement for exchange of Fire,
Rescue, and Emergency Medical Services with the Orange County Fire Authority and Agreement
for Sunset Beach" replacing page 3 of Attachment #2 in the agreement amending the amount
OCFA pays the City from $5,000.00 to $8,000.00.
Communication submitted by Norm Firecracker Westwell dated March 21, 2005 titled RV Issue —
No vote urged.
Communication submitted by the Planning Department dated March 21, 2005 titled Available
Medical Marijuana Dispensary Sites indicating areas for possible sites for dispensaries.
Presentation: Mayor Jill Hardy called on June Dugmore from the Huntington Beach Chamber of
Commerce Women of Action who introduced Miss Huntington Beach 2005 and her court. Ms.
Dugmore introduced Queen Nicole Smith and court members Summer Maue and Amber Fisher.
Mayor Hardy presented each with a proclamation.
Mayor's Award: Mayor Jill Hardy and Police Chief Ken Small posthumously recognized Senior
Motor Officer Mark Hanson as the recipient of the Mayor's Award. Chief Small shared stories of the
late Officer's involvement with citizens and the community. Officer Hanson's coworkers gathered in
his honor while a slide show of photographs was shown.
Public Comments
Connie Pedenko, Surf City Kiwanis President, spoke about the many activities of the Kiwanis,
including fundraising. She announced that Bunny Grams are available through Saturday at a cost
of $20 each and orders may be placed by calling 714-235-7550. Ms. Pedenko also invited visitors
to the Kiwanis meetings held at the IHOP Restaurant on Beach Boulevard, (between Garfield and
Ellis Avenues) on Tuesdays at 7:30 a.m.
Tom Harman, State Assemblyman, spoke regarding the agenda item that addresses the proposed
sponsorship of the Marine Battalion and the impetus for its request. Assemblyman Harman cited
the success Newport Beach experienced with their sponsorship and thanked Councilmember
Coerper for his efforts in bringing the item to Council.
Steve Ray identified himself as a former marine and spoke regarding the importance of supporting
our troops. Mr. Ray encouraged Council to adopt the Third Battalion, First Marine ("3/1 ") Regiment
and announced that Major Clark Watson and First Sergeant Mark O'Laughlin were present in the
audience.
Marine First Sergeant Mark O'Laughlin, member of the "3/1" Regiment announced events
Marines shared with Newport Beach, and his eagerness to be involved with Huntington Beach.
Major Clark Watson gave a brief history of the Third Battalion, First Marine Regiment and its
activities. Major Watson mentioned the casualties in Iraq and voiced his support of the City's
proposed sponsorship of the Marine Battalion.
(5) March 21, 2005 - Council/Agency Minutes - Page 5
Tim Sloat asserted his opinion that the proposal for City's adoption of the Marine Battalion has
great value for both parties concerned. Mr. Sloat conveyed a message from the Commanding
General of the First Marine Division in Iraq, expressing appreciation for the City's potential adoption
of the Battalion.
Councilmember Cook announced the website, "anysoldier.comn, as a resource for those interested
in supporting soldiers.
Cadet Mark Hogan, on behalf of the U.S. Military Academy at West Point, spoke of the successful
graduates of the Academy and the efforts required to attend. Mr. Hogan encouraged interested
applicants to contact Councilmember Coerper for further information.
Dennis Bauer, Commander of the Huntington Beach American Legion Post 133, spoke in support
of the proposed sponsorship of the Marine Battalion. Mr. Bauer also reported on the Consent
Calendar item - Pier Plaza Flagpole Project - and drew attention to the many veterans in the
audience.
Public Comments Recessed
A motion was made by Sullivan, second Bohr to recess Public Comments and bring forward the
agenda item that addresses the proposed sponsorship of the Marine Battalion. The motion carried
by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved Sponsorship by the City of the 3rd Battalion, 1st Marines ("3/1")
Regiment of Camp Pendleton — Directed the City Administrator to Establish a Donation
Account to Support the Battalion - Appointed Councilmembers Gil Coerper, Cathy Green and
Dave Sullivan to Coordinate the Program — "3/1" Key Volunteer Network to Coordinate with
Families (160.10)
The City Council considered a communication from Councilmember Gil Coerper transmitting the
following Statement of Issue: I was asked by Assemblyman Tom Harman to meet with him and a
small group of individuals to discuss the possibility of the City of Huntington Beach being a sponsor
of a Marine Battalion.
ANALYSIS:
The idea of sponsorship has been used in other cities to provide a way that a local community can
support our military and their families. The proposal is for the City of Huntington Beach to adopt the
Td Battalion of the 15' Marines from Camp Pendleton. The City of Newport Beach previously
adopted the 1 st Battalion of the 1 s' Marines from the same base. The role that the city would play, if
approved by the Council, would be to formally declare its sponsorship or adoption of the Battalion
and provide a collection and distribution point for funds that would be made to support the Battalion.
In the case of the city of Newport Beach, the city provides the accounting and banking functions for
donations and works with a community group of representatives who oversee the needs of the
Battalion. Newport's program has helped with car repairs of the spouse of a Marine while the
Marine was in active service, linked local doctors with special physical needs resulting from war
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injuries, assisted with travel expenses when there was a death in the family of a Marine assigned to
active duty, and helped with minor household expenses in cases of emergencies. Other activities
have included sponsored dinners or community events to host the Marines and their families.
Through this program, the community also benefits from the sponsorship. For example, the
Marines participate in voluntary activities in their city. In one case, Marines from the sponsored
Battalion work with children with disabilities. Finally, it was mentioned that the Marines participate
in local events such as parades and other festive occasions.
I would like to propose that the City Council formally adopt the 3rd Battalion, 1st Marines and request
that the City Administrator be directed to establish an account to receive and disburse cash
donations that would be received from the public on behalf of this program. I believe that a
community effort should be taken to conduct the program and would suggest that I be allowed to
represent the city in working with interested members of the public to move this sponsorship
forward.
Councilmember Coerper gave an oral report.
Discussion ensued amongst Council and staff relative to establishment of the donation account and
disbursement decisions. Councilmember Coerper requested public comments speaker Tim Sloat
address these topics.
Mr. Sloat reported on practices in another city including the composition of the committee, the type
of organization formed for legal and accounting purposes, and the procedure followed for
disbursement of funds.
Councilmember Cook stated her support of the item and her concerns with the accounting.
A motion was made by Coerper, second Green to:
1. The City of Huntington Beach formally adopt the 3`d Battalion, 1st Marines of Camp Pendleton;
and
2. Direct the City Administrator to establish a donation account to receive and disburse cash
donations;
and
3. Appoint Councilman Coerper and any other interested Council Members to work with
interested members of the public in coordinating this program;
and
4. Direct appointed Councilmembers to work with the Marine Battalion "3/1" Key Volunteer
Network in coordinating the community relations with the families.
The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
After the vote was taken and the motion was approved, Mayor Hardy appointed Councilmembers
Coerper, Green and Sullivan as Council Liaisons.
(7) March 21, 2005 - Council/Agency Minutes - Page 7
Public Comments — Reconvened
Pat Davis, representing Bolsa Chica Conservancy, announced the 2005 Conservator of the Year
awarded to Dr. Louann Murray. She invited everyone to a fundraiser luncheon at 11:30 a.m. on
April 14, 2005 at the Waterfront Hilton. Ms. Davis announced that the price is $55 per person and
sponsorships are still available.
Pam Parker spoke regarding an attack her daughter witnessed in Huntington Beach and a delayed
response to a 911 call. She alleged police under -staffing is the fault of the City Council. Ms. Parker
asked the Council for answers and reiterated her daughters' trauma from waiting on the phone for
so long for a response.
Dean Albright identified himself as a timeshare owner and asked Council how a timeshare
purchaser can receive the deed and pay taxes if the City already owns the deeds for certain
properties. Mr. Albright also voiced his support regarding military families and their struggles.
Councilmember Cook announced that the City of Huntington Beach pays employees who are
military reservists while they are on active duty.
Steve Stafford spoke regarding the agenda item that addresses Securities and the Guarantee and
Warranty Bond for Tract No. 15943, asking why the bonds are being released. Mr. Stafford voiced
concerns and referred to his Late Communication, which was announced earlier by the City Clerk.
Erik Eichler spoke regarding the proposed Medical Marijuana Dispensary Ordinance. He stated
his understanding of the concerns and enumerated suggestions to mitigate potential problems. Mr.
Eichler announced his intention to submit an application to operate a dispensary.
Paul Cross urged Council to deny approval of timeshares in Huntington Beach. Mr. Cross
enumerated concerns that, in his opinion, make this use incompatible with the characteristics and
some special events held in the City.
(City Council) Update Given and Video Presentation Made by Councilmember Cathy
Green on Current Projects and Activities of the Orange County Transportation Authority
(OCTA) Including the State Route 22 Improvement Project (800.45)
Councilmember Cathy Green provided a verbal update on current projects and activities of the
Orange County Transportation Authority and presented a video update on the State Route 22
improvement project provided to her as a member of the OCTA Board of Directors. She
announced the website, www.octa.nebsr22 for more information.
(City Council) Reviewed and Accepted Shari Freidenrich, City Treasurer's January 2005
Investment Summary Report Titled City of Huntington Beach Summary of City Investment
Portfolio, Bond Proceeds, and Deferred Compensation Activity (310.20)
The City Council considered a communication from City Treasurer Shari Freidenrich
transmitting the Monthly Investment Report for January 2005.
City Treasurer Freidenrich gave a PowerPoint presentation titled January Treasurer's Report,
which was included in the agenda packet.
(8) March 21, 2005 - Council/Agency Minutes - Page 8
A motion was made by Coerper, second Bohr to review and accept the monthly report Summary of
Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for January 2005,
pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion
carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Bohr, Cook
NOES: None
ABSENT: None (Green out of room)
(City Council) Public Hearing Held - Approved General Plan Amendment No. 03-03, Zoning
Text Amendment No. 03-03 and Local Coastal Program Amendment No. 03-02 Downtown
Specific Plan — Permitting Timeshares within Districts 7 and 9 (North Side of Pacific Coast
Highway, between Beach Boulevard and First Street) — Applicant, Robert Mayer Corporation,
- Adopted Resolution Numbers 2005-19 and 2005-20 - Approved for Introduction Ordinance
No.3702 (450.30)
Mayor Hardy announced that this was the time noticed for a public hearing to consider the
following:
Applicant: Robert Mayer Corp., Shawn Milbern
Request: To amend the Huntington Beach General Plan Land Use Element, Huntington Beach
Coastal Element (Local Coastal Program), and Downtown Specific Plan (DTSP) to permit
"timeshares" as an allowed use subject to a conditional use permit from the Planning Commission
within District 7 (Visitor -Serving Commercial) and District 9 (Commercial Recreation) of the
Downtown Specific Plan.
Location: Downtown Specific Plan Districts 7 & 9 (north side of Pacific Coast Highway between
Beach Blvd. and First Street.)
Environmental Status: Notice is hereby given that an initial environmental assessment for this
agenda item was processed and completed in accordance with the California Environmental Quality
Act. It was determined that although the proposed project could have a significant effect on the
environment, because all potentially significant effects have been analyzed adequately in an earlier
EIR No. 94-1 pursuant to applicable standards, and have been avoided or mitigated pursuant to
that earlier EIR No. 94-1, nothing further is required. The environmental impact report is on file at
the City of Huntington Beach and is available for public inspection.
Legal notice as provided to the City Clerk's Office by staff had been published and posted.
Associate Planner Rosemary Medel presented a PowerPoint slide report titled Timeshares GPA
03-03, LCP 03-02, ZTA 03-03 Applicant: The Robert Mayer Corporation Date: March 21,2005
which was included in the agenda packet. Ms. Medel also referred to a Late Communication
from the Chamber of Commerce that supports the staff & Planning Commission
recommendations.
Discussion ensued amongst Council and staff relative to Coastal Commission approvals,
property taxes and property values, assessor discounts, disposition upon lease expirations,
development timelines, and master plan designations.
(9) March 21, 2005 - Council/Agency Minutes - Page 9
Mayor Hardy declared the public hearing open.
Prior to announcing the public speakers, City Clerk Joan L. Flynn restated for the record the
following Late Communication which pertains to this public hearing:
Communication submitted by Joyce Riddell, President of the Huntington Beach Chamber of
Commerce dated March 11, 2005 titled Land Use Change to Allow Timeshares in Districts 7 & 9 of
the Downtown Specific Plan (DTSP) supporting proposed changes to land use regulations that
would allow timeshare development.
Shawn Millbern, applicant, emphasized the added flexibility in developing hospitality projects if
timeshares are approved. He enumerated the benefits to the City, and addressed inquiries that had
been made by Council earlier.
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.
Councilmember Cook stated reasons for opposing approval of the item including concerns
about the language of the proposal and the substitution of hotel rooms to fulfill timeshare
percentages.
A motion was made by Hansen, second Coerper to:
1. Approve General Plan Amendment No 03-03 by adopting Resolution No. 2005-19 — "A
Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment
No. 03-03 ,
and
2. Approve Zoning Text Amendment No. 03-03 with findings and after the City Clerk reads
by title, approve for introduction Ordinance No. 3702 — "An Ordinance of the City of Huntington
Beach Amending the Downtown Specific Plan of the City of Huntington Beach",
and
3. Approve Local Coastal Program Amendment No. 03-02 with findings and adopt Resolution
No. 2005-20 — "A Resolution of the City Council of the City of Huntington Beach Adopting Local
Coastal Program Amendment No. 03-02 to Amend the Local Coastal Program Land Use Plan and
Implementing Ordinances to Permit Timeshares in the Commercial Visitor Land Use Category and
to Reflect Zoning Text Amendment No. 03-03 and Requesting Certification by the California Coastal
Commission."
The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Hardy, Green, Bohr
NOES: Sullivan, Cook
ABSENT: None
(10) March 21, 2005 - Council/Agency Minutes - Page 10
FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 03-03:
1. Zoning Text Amendment No. 03-03 to amend the Downtown Specific Plan, specifically Districts
7 and 9, to include timeshares as a permitted use and add a definition of timeshares is
consistent with the objectives, policies, general land uses and programs specified in the General
Plan because the achievement of diverse land uses will sustain the City's economic viability,
while maintaining the City's environmental resources and scale and character.
2. In the case of a general land use provision, the zoning text amendment is compatible with the
uses authorized in, and the standards prescribed for the zoning district for which it is proposed.
Districts 7 and 9 currently allow for hotels, and timeshares are permitted in the Commercial
Visitor and Commercial General districts elsewhere in the City. Timeshares are a visitor -serving
use that is compatible within hotels and visitor serving areas.
3. A community need is demonstrated for the change proposed. The allowance of timeshares in
the Downtown Specific Plan will strengthen and diversify the economic base of the City's
primary tourist node. Further, an adequate and substantial availability of overnight transient
accommodations has been shown to exist within the City providing adequate access to the
coastal area. Also, an increase in such accommodations is reasonably expected to occur in the
future that will accommodate growth in the number of visitors to the City's coastal zone.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice. Timeshares are very similar in use to hotels, which are already a permitted use. The
allowance of timeshares will not result in any negative impacts to the community or adjacent
uses.
FINDINGS FOR APPROVAL — LOCAL COASTAL PROGRAM NO. 03-02:
Local Coastal Program Amendment No. 03-02 amends the City's certified Local Coastal
Program to allow timeshares in the Commercial Visitor Land Use Category and within
Subareas 4C and 4D, change the reference to overnight accommodations in the Commercial
General Land Use Category to reflect hotels, motels and timeshares and in accord with Zoning
Text Amendment No. 03-03 to allow timeshares within Districts 7 and 9 of the Downtown
Specific Plan. The change is consistent with the Local Coastal Program because timeshares
are similar to the hotel use that is already permitted within these areas.
2. Local Coastal Program Amendment No. 03-02 is in accordance with the policies, standards
and provisions of the California Coastal Act by enhancing the variety of visitor serving uses and
increasing the tourism potential from a larger market base.
3. The amendments conforms with the public access and public recreation policies of Chapter 3
of the California Coastal Act because timeshares are a visitor serving use subject to the
amenity standards of hotels and required to maintain public access to coastal recreation uses.
(City Council) Public Hearing Held — Approved Appeal Filed by Applicant Mike Padian,
Padian Team Consulting, of the Planning Commission's Approval of Mitigated Negative
Declaration No. 03-08 - Good Shepherd Cemetery, 8301 Talbert Avenue (N/E Corner of
Beach Boulevard and Talbert Avenue) - Approved as Amended Mitigation Negative
Declaration No. 03-08 with Findings and Modified Mitigation Measures (2:1 Slopes) (420.40)
Mayor Hardy announced that this was the time noticed for a public hearing to consider the
following:
(11) March 21, 2005 - Council/Agency Minutes - Page 11
Public Hearing to consider appeal of the Planning Commission's Approval of Mitigated Negative
Declaration No. 03-08 (Good Shepherd Cemetery).
AppellanVApplicant: Mike Padian
Request: To analyze the potential environmental impacts associated with a proposed expansion of
Good Shepherd Cemetery. The expansion includes three phases of construction over a seven to ten
year period. The proposed improvements consist of an 85,000 square foot three-story mausoleum, a
10,000 square foot maintenance facility, one-story garden crypt buildings totaling 100,000 square
feet, and construction of approximately 1,850 lineal feet of perimeter fencing.
Location: 8301 Talbert Avenue (northeast corner of Beach Blvd. and Talbert Ave.)
Environmental Status: Notice is hereby given that the initial environmental assessment for this
item was processed and completed in accordance. with the California Environmental Quality Act. It
was determined that this item, with mitigation, would not have any significant environmental effects
and that a mitigated negative declaration is warranted. Mitigated Negative Declaration No. 03-08 is
on file at the City of Huntington Beach Planning Department, 2000 Main Street, and is available for
public inspection and comment by contacting the Planning Department, or by telephoning (714)
536-5271.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published and
posted.
Associate Planner Paul DaVeiga presented a PowerPoint slide report titled Good Shepherd
Cemetery Expansion Appeal of Mitigated Negative Declaration No. 03-08, which was included
in the agenda packet.
Discussion followed relative to setbacks, fencing, slope design, vertical wall maintenance
concerns and easements.
Mayor Hardy declared the public hearing open.
Prior to announcing the public speakers, the City Clerk restated for the record the following Late
Communication which pertains to this public hearing:
Communication submitted by the Acting Director of Public Works dated March 21, 2005 titled
Good Shepherd Cemetery Drainage Concerns Related to Proposed Expansion, including
copies of photographs illustrating drainage concerns.
Mike Padian, applicant, spoke about issues that have been resolved in relation to design
requirements including fire sprinklers, irrigation, and phasing.
Joe Novoa, Director of Construction Services for the Diocese of Orange, reported on the design
of the detention basins. He stated his preference for a vertical slope, noting that a 2:1 slope
starting at the property line would be acceptable if a vertical slope were denied. Mr. Novoa
further stated a preference that relocation of the storm drain pipe under the mausoleum be
delayed until there is a problem that requires remedy.
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.
(12) March 21, 2005 - Council/Agency Minutes - Page 12
A motion was made by Hansen, second Green to approve staff recommendation - Mitigation
Negative Declaration No. 03-08 with Findings and Modified Mitigation Measures (2:1 slopes) as
amended to allow slope to begin at the property line and for applicant to return to Council for a
Conditional Use Permit (CUP) if requesting a fence that exceeds 42 inches in height within the
setback along Newman Avenue. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr
NOES: Cook
ABSENT: None
FINDINGS FOR APPROVAL — MITIGATED NEGATIVE DECLARATION NO. 03-08:
1. Mitigated Negative Declaration No. 03-08 has been prepared in compliance with Article 6 of the
California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a
public comment period of thirty (30) days. Comments received during the comment period were
considered by the Planning Commission prior to action on the Mitigated Negative Declaration
and Conditional Use Permit No. 00-63.
2. Mitigation measures are recommended to avoid or reduce the project's effects to a point where
clearly no significant effect on the environment will occur.
3. There is no substantial evidence in light of the whole record before the Planning Commission
that the project, as mitigated, will have a significant effect on the environment.
Summary of Mitigation Measures
Description of Impact
Mitigation Measure
Potential flooding
1) On -site water detention basins shall be incorporated into the site
downstream caused by
design to temporarily detain runoff on the subject site.
the elimination of two
a) Historical volumes using cross -sectional areas that are
natural drainage swales
perpendicular to the longitudinal (N-S) centerline of each historical
with the proposed
basin' shall be calculated to identify the size of on -site water
project
detention basins.
b) The design of the detention basins shall provide for earthen
slopes not to exceed a 2:1 slope ratio.
Inadequate design of
2) All easements, storm drains, and detention facilities shall be
detention facilities may
designed per City and applicable County standards and approved by
result in a lack of
the Public Works Department.
storage capacity and
future maintenance
issues
(13) March 21, 2005 - Council/Agency Minutes - Page 13
(City Council) Public Hearing Held - Denied Application Filed by Fred Tinker of Entitlement
Plan Amendment No. 04-08 (Nautical North Residential Development — Rear Slope
Modifications for Four Lots: 6454, 6455, 6464 and 6465 Marigayle Circle (Located at the
Terminus of Marigayle Circle, West of Edwards Street, South of Ellis Avenue) (420.40)
Mayor Hardy announced that this was the time noticed for a public hearing to consider the
following:
Applicant: Fred Tinker
Request: To amend the previously approved site plan by permitting modifications to rear
slopes on four lots located at the terminus of Marigayle Circle. The modifications include
construction of a five-foot high retaining wall topped with a one -foot block wall and two feet of
view fencing in order to allow an extension of the usable rear yards ranging from approximately
12 feet to 30 feet in depth.
Location: 6454, 6455, 6464, and 6465 Marigayle Circle (Terminus of Marigayle Circle, south of
Ellis Avenue)
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.
Associate Planner Paul DaVeiga presented a PowerPoint slide report titled Nautical North
Modifications To Slopes Entitlement Plan Amendment No. 04-08 which had been announced
earlier as a Late Communication by the City Clerk.
Discussion ensued amongst Council and staff regarding retaining walls, the original plans for
development of the property, and the location of the property lines and fences.
Mayor Hardy declared the public hearing open.
Prior to announcing the public speaker, the City Clerk restated for the record the following Late
Communication which pertains to this public hearing:
Communication submitted by the Planning Department dated March 21, 2005 and titled Nautical
North Modifications to Slopes, which is a PowerPoint presentation.
Fred Tinker, applicant, gave a summary of the requests in the proposal and announced his
availability to answer questions.
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.
Councilmembers Cook, Green, Hardy, and Sullivan all stated concerns and reasons for
opposing any slope modifications.
(14) March 21, 2005 - Council/Agency Minutes - Page 14
A motion was made by Coerper, second Bohr to approve Entitlement Plan Amendment No. 04-
08 to permit modifications to the rear slopes of four lots within the Nautical North development
with findings and conditions of approval. The motion failed by the following roll call vote:
AYES: Hansen, Coerper, Bohr
NOES: Sullivan, Hardy, Green, Cook
ABSENT: None
A motion was made by Hardy, second Green to deny Entitlement Plan Amendment No. 04-08
to permit modifications to the rear slopes of four lots within the Nautical North development with
Findings for Denial. The motion carried by the following roll call vote:
AYES: Sullivan, Hardy, Green, Cook
NOES: Hansen, Coerper, Bohr
ABSENT: None
FINDINGS FOR DENIAL
ENTITLEMENT PLAN AMENDMENT NO. 04-08
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to section 15301 of the CEQA Guidelines, because the project involves a minor alteration
to the topography of the subject properties.
FINDINGS FOR DENIAL — ENTITLEMENT PLAN AMENDMENT NO. 04-08:
Entitlement Plan Amendment No. 04-08 for modifications to the rear slopes of four single-family
residential properties resulting in an increase ranging from approximately 30 feet to 12 feet of
increased usable rear yards, will be detrimental to the general welfare of persons working or
residing in the vicinity and detrimental to the value of the property and improvements in the
neighborhood. The proposed modifications do not preserve the existing slope condition, which
was the original intent of the slope restriction in the original approval of the project, and result in
a negative impact to adjacent properties based on the potential instability of the slopes.
2. The granting of the entitlement plan amendment will adversely affect the General Plan. It is not
consistent with the following goals and policies of the General Plan:
a. Promote site development that limits impact on and protects the natural integrity of
topography, drainage systems, infiltration, and water bodies.
The project will significantly alter the natural topography along the rear of the four subject
properties which is contrary to policies identified in the General Plan.
Consent Calendar — Items Removed for Separate Discussion
The following items were removed from the Consent Calendar for separate discussion:
(City Council/Redevelopment Agency) Minutes
(15) March 21, 2005 - Council/Agency Minutes - Page 15
(City Council) Pier Plaza Flagpole Project Donated by the American Legion
(City Council) Bid and Construction Contract to R. J. Noble Company for the Police Department
Parking Lot Expansion Project; CC-1271
(City Council) Resolution No. 2005-25 Requesting Caltrans Approve the Closure of Pacific
Coast Highway for the Fourth of July Parade and Fireworks - Resolution No. 2005-26
Authorizing Local Street Closure for the Fourth of July -Additional Budget Allocation for
Relocating the Fourth of July Fireworks to the Pier — Parking Revenue Surcharge — Partial
Closure of Pier on the Fourth of July
(City Council) Release of Securities for Tract No. 15943 Located at the N/E Corner of
Huntington Street and Garfield Avenue and Accept the Public Improvements — Sassounian,
Adams and Zuckerman, LLC Developers — Guarantee and Warranty Bond (American Motorists
Insurance Co.)
(City Council) Joint Agreement between the City and the Orange County Board of Supervisors for
Implementation and Operation of the Voice/Radio System: 800 Megahertz Countywide
Coordinated Communications System (800 MHz CCCS)
Consent Calendar — Items Approved
On motion by Sullivan, second Coerper 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) Received and Filed the Fiscal Year 2003-04 Park Impact Fee Annual Report
(310.10) — Received and filed the Park Impact Fee Annual Report — Fiscal Year 2003-2004.
Submitted by the Community Services Director. Funding Source: Not applicable.
(City Council) Adopted Resolution No. 2005-18 Amending the City Classification Plan by
Modifying Street Maintenance Crewleader, Firefighter and Senior Detention Officer
(700.10) — Adopted Resolution No. 2005-18 — "A Resolution of the City Council of the City of
Huntington Beach to Amend the Classification Plan by Modifying the Classification for Street
Maintenance Crewleader, Firefighter and Senior Detention Officer in the City Classification Plan. "
Submitted by the Acting Administrative Services Director. Funding Source: There is no fiscal
impact to this action.
(City Council) Amended the Capital Improvement Program for Fiscal Year 2004/2005 by
Adding Warner Avenue Fire Station Traffic Signal; CC-1264 — Authorized the Director of
Public Works to Advertise for Bids (600.55) —1. Amended the Capital Improvement Program
for Fiscal Year 2004/2005 to add the Warner Avenue Fire Station Traffic Signal; CC-1264; and 2.
Upon finalization of the project plans and specifications, authorized the Director of Public Works to
request public bids for the construction of the Warner Avenue Fire Station Traffic Signal, CC-1264.
Submitted by the Acting Public Works Director. Funding Source: Funds in the amount of $150,000
are available in the Traffic Impact Fee Fund, Traffic Signals (#20690007.82700).
(16) March 21, 2005 - Council/Agency Minutes - Page 16
(City Council) Approved Transfer of Ownership of Signal Maintenance, Inc. (SMI) to
Republic Electric (Slater Avenue/Geraldine Lane Traffic Signal — CC-1253) (600.55) —
Approved the transfer of ownership from Signal Maintenance, Inc. to Republic Electric, which would
allow the City to accept the warranty bond and release retention to Republic Electric. Submitted by
the Acting Public Works Director. Funding Source: Not applicable.
(City Council) Approved the Annual Fair Share Traffic Impact Fee Program Report for Fiscal
Year 2003/2004 (340.20) — Approved the Traffic Impact Fee Program Fiscal Activity Summary
1011199 to 9130104. Submitted by the Acting Public Works Director. Funding Source: No funding is
required for this action.
(City Council) Adopted Resolution No. 2005-24 Extending Application of Administrative
Regulation No. 412, Pertaining to Harassment in Employment Policy, to Elected and
Appointed City Officials (120.10) —Adopted Resolution No. 2005-24 — "A Resolution of the City
Council of the City of Huntington Beach Extending Application of Administrative Regulation No. 412
Pertaining to Harassment in Employment Policy to Elected and Appointed City Officials." Submitted
by the Acting Administrative Services Director. Funding Source: Not applicable.
(City Council) Approved Final Tract Map No. 16573 of Tentative Tract Map No. 16573 (2320
Delaware 1 Lot Subdivision) Located East Side of Delaware Street, South of Yorktown
Avenue — Approved Subdivision Agreement with Team Delaware, LLC (420.60) 1. Approved
Final Tract Map No. 16573 and accepted the offer of dedication, improvements, and bonds
pursuant to findings and requirements (ATTACHMENT NO. 1); and 2. Approved the Subdivision
Agreement By and Between the City of Huntington Beach and Team Delaware, LLC for Tract No.
16573 and authorized execution by the Mayor and City Clerk. Attachment No. 1 — Findings for
Acceptance of Final Map (1) Final Tract Map No. 16573 is in conformance with the California
Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map
No. 16573 Conditions of Approval, as approved by the Planning Commission. Requirements: (1.)
Acceptance of offer of dedication shall be subject to completion of improvements and requirements
shown on the final map. (2.) The City Clerk shall file the following bonds with the City Treasurer: (a)
Faithful Performance Bond No. 245832, (b) Labor and Material Bond No. 245895, (c) Monument
Bond No. 245833. (3.) The City Clerk shall affix her signature to the map and release it for recordation
by the County of Orange. Submitted by the Planning Director. Funding Source: Not Applicable.
(City Council) Approved Landscape License Agreement between the City and the Ocean
View School District and Lowe's Home Improvement Warehouse (HIW), Inc. for Continued
Maintenance of Improvements within Public Right -of -Way Adjacent to the Development
(8175 Warner Avenue) (600.10) — Approved and authorized the Mayor and City Clerk to execute
the License Agreement between the City of Huntington Beach, California, Ocean View School
District of Orange County and Lowe's H/W, Inc., to Maintain Landscaping within Certain Public
Right of Way. Submitted by the Acting Public Works Director. Funding Source: No funding is
required for this action.
(City Council) Approved Emergency Response Agreement between the City and "The
Agencies" (the California State Department of Parks and Recreation, the County of Orange
and Designated Cities) for Exchange of Open Water Lifeguard Services (600.20) — Approved
and authorized the Mayor and City Clerk to execute an Emergency Response Agreement with the
California Department of Parks and Recreation, the County of Orange, the City of Laguna Beach,
the Lake Mission Viejo Association, the City of Newport Beach, the City of San Clemente, and the
City of Seal Beach, hereinafter referred to as "The Agencies." Submitted by the Community
Services Director. Funding Source: None required.
(17) March 21, 2005 - Council/Agency Minutes - Page 17
(City Council) Approved Two License Renewal Agreements between.the City and Southern
California Edison for Arevalos Park and Edison Park (600.10) — 1. Approved the proposed
License Agreement with SCE for Arevalos Park, titled License Agreement, Property No.
POHBE858F62, Account No. 2145 and authorized the Mayor and City Clerk to execute all
documents necessary to effectuate this transaction; and 2. Approved the proposed License
Agreement with SCE for Edison Park, titled License Agreement, Property No. POHBE888C21,
Account No. 2150 and authorized the Mayor and City Clerk to execute all documents necessary to
effectuate this transaction; and 3. Directed staff to prepare an amendment to the Municipal Code
prohibiting dogs in SCE parkland areas. Submitted by the Economic Development Director and the
Community Services Director. Funding Source: Total of $1,648 annual payment (for five years)
from the Park Acquisition and Development Fund ($520 for Arevalos Park and $1,128 for Edison
Park).
(City Council) Accepted the Annual Sanitary Sewer Facilities Fund Report (1020.70) —
Accepted the Annual Sanitary Sewer Facilities Fund Report for FY 2003/2004. Submitted by the
Acting Public Works Director. Funding Source: No funding is required for this action.
(City Council/Redevelopment Agency) Approved and Adopted Minutes as Amended
(120.65)
The City Council considered a communication from the City Clerk transmitting the following
Statement of Issue: Approve and adopt the minutes of the City Council/Redevelopment
Agency Regular Meetings of February 22, 2005 and City Council Special Meeting of February
28, 2005 as written and on file in the Office of the City Clerk.
Councilmember Green requested that this agenda item be removed from the Consent Calendar
to ask for an amendment to the February 22, 2005 minutes. She requested that the minutes
show the reasons she voted "No" for paying the League of California Cities' bill. Her reasons
included: the payment was not due until April 13th, the audit is not finished, and an audit is
required by the League's bylaws annually.
A motion was made by Green, second Sullivan to approve and adopt the minutes of the City
Council/Redevelopment Agency Regular Meetings of February 22, 2005 as amended and City
Council Special Meeting of February 28, 2005 as written and on file in the Office of the City
Clerk. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Accepted Pier Plaza Flagpole Project Donated by the American Legion
(160.40)
The City Council considered a communication from the Community Services Director and the
Acting Public Works Director transmitting the following Statement of Issue: Three new
flagpoles have been constructed at Pier Plaza by the American Legion and donated to the city.
Staff recommends accepting the donation and project as complete. Funding Source: Not
applicable, donation from American Legion.
(18) March 21, 2005 - Council/Agency Minutes - Page 18
Mayor Pro Tern Sullivan requested that this agenda item be removed from the Consent
Calendar to comment on and highlight the significant fundraising done by American Legion 133.
A motion was made by Sullivan, second Coerper to accept the Pier Plaza flagpole project as
completed by the American Legion and donated to the City of Huntington Beach. The motion
carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Accepted Bid and Award Construction Contract to R. J. Noble Company for
the Police Department Parking Lot Expansion Project; CC-1271 (600.80)
The City Council considered a communication from the Acting Public Works Director transmitting
the following Statement of Issue: Quotes have been received for the Police Parking Lot
Expansion Project, CC-1271. Staff recommends the award to R.J. Noble Company, who submitted
the lowest responsive and responsible quote. Funding Source: Funds are available from the Police
Department Narcotic Forfeiture Fund Account No. 21470101.82200. The engineer's estimate for
this project is $20,000.00.
Councilmember Bohr requested that this agenda item be removed from the Consent Calendar and
announced that he had already received clarification from the Police Chief.
A motion was made by Bohr, second Sullivan to: 1. Accept the lowest responsive and responsible
quote submitted by R. J. Noble Company, in the amount of $24,970 for the Police Parking Lot
Expansion Project, CC-1271; and 2. Authorize the Mayor and City Clerk to execute a construction
contract in substantially the same form as the sample contract attached; and 3. Authorize the
Director of Public Works to expend up to twenty percent (20%) in construction change orders. 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. 2005-25 Requesting Caltrans Approve the Closure
of Pacific Coast Highway for the Fourth of July Parade and Fireworks - Adopted
Resolution No. 2005-26 Authorizing Local Street Closure for the Fourth of July -Approved
Additional Budget Allocation for Relocating the Fourth of July Fireworks to the Pier —
Approved Parking Revenue Surcharge — Approved Partial Closure of Pier on the Fourth
of July (800.60)
The City Council considered a communication from the Community Services Director
transmitting the following Statement of Issue: On November 15, 2004, Council approved
relocating the 2005 Fourth of July Fireworks to the Municipal Pier. There is a need to increase
the existing budget to cover the additional costs of the relocation, address revenues to help
offset costs, and approve road closure resolutions for the Fourth of July celebration. Funding
Source: 4th of July Fund Reserves; funds to be replaced with revenues generated from event
sponsorships, parking revenue, and participation fees.
(19) March 21, 2005 - Council/Agency Minutes - Page 19
Mayor Pro Tern Sullivan requested that this item be removed from the Consent Calendar to
announce his concerns about closing the highway.
A motion was made by Bohr, second Cook to: 1. Adopt Resolution No. 2005-25 - "A
Resolution of the City Council of the City of Huntington Beach Requesting Caltrans Approve the
Closing of Pacific Coast Highway for the Huntington Beach Fourth of July Parade and
Fireworks", and 2. Adopt Resolution No. 2005-26 — "A Resolution of the City Council of the
City of Huntington Beach Authorizing Street Closure for the Fourth of July" and 3. Authorize an
additional budget allocation of $128,440 from the 41h of July Fund reserves to cover the
additional costs of relocating the fireworks to the Pier as follows: $51,570 into Overtime
Accounts #20445803.53000; $2,582 into Permanent Salaries Account #20445803.51000;
$1,598 into Temporary Salaries Account #20445803.52000; $69,690 into Contractual Services
Account #20445803.69450; and $3,000 into #20445803.63000 for equipment and supplies; said
costs to be offset by revenues generated by Fourth of July Executive Board and parking
revenue surcharge; and 4. Approve a $10 surcharge to the daily parking fee for South Beach,
and an $8 surcharge to the daily parking fee for Pier Plaza parking lots on July 4, 2005, said
surcharge to be used to help offset the extra Fourth of July costs. The daily public parking fees
for the beach and Pier Plaza lots would be $20 per auto; and 5. Approve charging the Council -
approved $12 daily maximum fee at the Main Promenade Parking Structure upon entering,
instead of the Council -approved $1.50 per hour ($12 maximum) upon exiting; and 6. Approve
partial closure of the Pier at 5:00 A.M. and full closure at 5:00 P.M., as well as use of a portion
of the pier for a ticketed, VIP area from 5:00 P.M. until conclusion of the fireworks.
The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Hardy, Bohr, Cook
NOES: Sullivan, Green
ABSENT: None
(City Council) Approved the Release of Securities for Tract No. 15943 Located at the N/E
Corner of Huntington Street and Garfield Avenue and Accepted the Public Improvements —
Sassounian, Adams and Zuckerman, LLC Developers — Accepted Guarantee and Warranty
Bond (American Motorists Insurance Co.) (420.60)
The City Council considered a communication from the Acting Public Works Director transmitting
the following Statement of Issue: Sassounian, Adams and Zuckerman, LLC., the developer of
Tract No. 15943 (located at the northeast corner of Huntington Street and Garfield Avenue), has
completed all required public improvements and is eligible to receive a release of securities
pursuant to the provisions of the Subdivision Map Act. Funding Source: Not Applicable.
Mayor Hardy requested that this item be removed from the Consent Calendar to abstain from voting
due to a potential conflict of interest.
Mayor Pro Tern Sullivan inquired regarding the Late Communication submitted by a public speaker,
which had been announced by the City Clerk earlier. Acting Public Works Director Paul Emery
responded.
(20) March 21, 2005 - Council/Agency Minutes - Page 20
A motion was made by Sullivan, second Coerper to: 1. Accept the improvements constructed and
dedicated for public use with Tract No. 15943; and 2. Accept Guarantee and Warranty Bond No.
38904S, the security furnished for guarantee and warranty of improvements, and instruct the City
Clerk to file the bond with the City Treasurer; and 3. Release the Faithful Performance/Labor and
Material Bond No. 3SM 98831800 and Monument Bond No. 3SM98831900 pursuant to California
Government Code Section No. 66499.7(a); and 4. Instruct the City Clerk to notify the developer,
Sassounian, Adams and Zuckerman, LLC., of this action, and the City Treasurer to notify the
Surety, American Motorists Insurance Company, of this action; and 5. Instruct the City Clerk to
record the "Acceptance of Public Improvements" with the Orange County Recorder. The motion
carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Green, Bohr, Cook
NOES: None
ABSENT: None
ABSTAIN: Hardy
(City Council) Approved Joint Agreement between the City and the Orange County Board of
Supervisors for Implementation and Operation of the Voice/Radio System: 800 Megahertz
Countywide Coordinated Communications System (800 MHz CCCS) (600.25)
The City Council considered a communication from the Acting Information Services Director
transmitting the following Statement of Issue: In February 1996 the Orange County Board of
Supervisors approved a Joint Agreement for implementation and operation of the Orange County
800 Megahertz Countywide Coordinated Communications System (800 MHz CCCS). During the
past several months, the Governance Committee has directed its efforts to the full rewrite of the
agreement which is attached for the City Council's consideration. Funding Source: There is no
new funding obligation by approving this agreement; however, the financial obligation this year for
Huntington Beach's share of the 800 MHz CCCS backbone cost is $232,209.00, which has been
approved by Council and budgeted in Account 10042155.67740.
Mayor Pro Tern Sullivan requested that this item be removed from the Consent Calendar to ask for
clarification on costs. Police Chief Ken Small reported.
A motion was made by Sullivan, second Green to: approve and execute the Joint Agreement titled,
Joint Agreement for the Operation, Maintenance, and Financial Management of the Orange County
800 Megahertz Countywide Coordinated Communications System — November 2004 and authorize
the Mayor and City Clerk to execute two copies of the Joint Agreement, one for the County Clerk
and one original for the City Clerk's records. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved Staffing Priorities and Restoration of Critical Services and
Positions by Amending the Fiscal Year 2004/05 Budget Table of Organization and Approved
Appropriation from General Fund to Department Budgets Accordingly (700.10)
The City Council considered a communication from the City Administrator and Acting Assistant City
Administrator, the Acting Administrative Services Director and the Finance Officer transmitting the
following Statement of Issue: Should the City Council approve an appropriation of $507,000 to
(21) March 21, 2005 - Council/Agency Minutes - Page 21
fund restoration of certain full-time and part-time positions through the end of Fiscal Year 2004/05?
The annualized additional cost for these positions would be $2,480,000 beginning in Fiscal Year
2005/06. Funding Source: General Fund appropriation from salary savings in the available
General Fund balance.
City Administrator Penny Culbreth-Graft gave an oral report.
A motion was made by Coerper, second Bohr to: Approve restoring the positions listed in
Attachment 2 of the RCA by amending the Fiscal Year 2004/05 Budget Table of Organization
(Attachment 3 of RCA); appropriate $507,000 from the General Fund to the following departmental
budget accounts:
10035202
Administrative Services
$48,000
10025101
City Treasurer
7,500
10025201
City Treasurer
7,500
10045206
Community Services
37,000
10065201
Fire
31,000
10065203
Fire
109,000
10050401
Library
15,500
10050402
Library
15,500
Not Applicable
Planning
0
10070302
Police
32,700
10070401
Police
83,300
10085602
Public Works
93,000
10085102
Public Works
27,000
and increase those department budgets for Fiscal Year 2004/05. The motion carried by the
following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Approved Proposed Changes to the City -Wide Table of Organization Deleting
the Positions of the Assistant City Administrator and Administrative Services Director -
Approved Amendments to the Finance Officer and the Deputy City Administrator Job
Descriptions and Pay Grades — Directed the City Administrator and the City Attorney to
Prepare Amendments to the Municipal Code (700.10)
The City Council considered a communication from the City Administrator transmitting the following
Statement of Issue: Changes to the city-wide Table of Organization are proposed to address
overall city administration. The proposal recommends deletion of the Assistant City Administrator
and Administrative Services Director positions and the addition of two Deputy City Administrators.
It also would require changes in duties of the Finance Officer. The report outlines how the structure
would function and provides justification for the proposed changes. Funding Source: Not
Applicable.
City Administrator Culbreth-Graft presented a PowerPoint report.
(22) March 21, 2005 - Council/Agency Minutes - Page 22
A motion was made by Coerper, second Cook to:
1. Approve the proposed changes to the Table of Organization;
and
2. Approve the changes to the job description for the Finance Officer and set the Pay Grade at 622;
and
3. Approve the job description for the Deputy City Administrator and set the Pay Grade at 629;
and
4. Direct the City Administrator and the City Attorney to prepare the necessary changes to the
Municipal Code.
The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
Administrative Items Approved
City Administrator Penny Culbreth-Graft presented a PowerPoint report on the following four
Pay and Benefits items.
Mayor Pro Tern Sullivan stated his opposition to an increase in holiday pay from 8 to 9 or 10
hours for a working day.
On motion by Coerper, second Green Council approved the following four agenda items and
Resolutions, as recommended. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Hardy, Green, Bohr, Cook
NOES: Sullivan
ABSENT: None
1. (City Council) Adopted as Amended by Late Communication Resolution No. 2005-23
Modifying Pay and Certain Benefits for the Period of January 1, 2005 through December
31, 2006 for Non -Represented (Non -Associated) Employees (720.20) Adopted as
amended by Late Communication Resolution No. 2005-23 — "A Resolution of the City Council
of the City of Huntington Beach Modifying Salary and Benefits for Non -Represented Employees
for the Period 1/1/05 Through 12/31/06."
2. (City Council) Adopted Resolution No. 2005-21 Modifying Pay and Certain Benefits for
the Period of January 1, 2005 through December 31, 2006 for the Elected City Treasurer
(700.90) Adopted Resolution No. 2005-21 — "A Resolution of the City Council of the City of
Huntington Beach Modifying Benefits and Salary for 111105 Through 12131106 for the Elected
City Treasurer."
(23) March 21, 2005 - Council/Agency Minutes - Page 23
3. (City Council) Adopted Resolution No. 2005-27 Modifying Pay and Certain Benefits for
the Period of January 1, 2005 through December 31, 2006 for the Elected City Clerk
(700.90) Adopted Resolution No. 2005-27 — "A Resolution of the City Council of the City of
Huntington Beach Modifying Benefits and Salary for 111105 Through 12131106 for the Elected
City Clerk. "
4. (City Council) Adopted Resolution No. 2005-22 Modifying Pay and Certain Benefits for
the Period of January 1, 2005 through December 31, 2006 for the Elected City Attorney
(700.90) Adopted Resolution No. 2005-22 — "A Resolution of the City Council of the City of
Huntington Beach Establishing Benefits for the Period 111105 Through 12131106 for the Elected
City Attorney. "
(City Council) Deferred from March 7, 2005 - Adopted Automatic Aid Agreement for
Exchange of Fire, Rescue, and Emergency Medical Services with the Orange County Fire
Authority and Agreement as Amended by Late Communication for Sunset Beach and
Approved Direction to Fire Chief to Report to Council Annually on Agreements (600.25)
The City Council considered a communication from the Fire Chief transmitting the following
Statement of Issue: The attached agreement with the City of Huntington Beach and the
Orange County Fire Authority for the exchange of fire, rescue, and emergency medical services
is proposed for adoption, along with an agreement for advanced life support emergency medical
services to the Sunset Beach area. Funding Source: None required. (The Automatic Aid
agreement includes an MOU [Memoranda of Understanding] between the Orange County Fire
Authority and the City of Huntington Beach.)
Fire Chief Duane Olsen gave an oral report.
A motion was made by Coerper, second Green to: Approve and authorize the Mayor and City Clerk
to execute the Automatic Aid Agreement for Exchange of Fire, Rescue, and Emergency Medical
Services Between the Orange County Fire Authority and the City of Huntington Beach and approve
the Agreement for advanced life support emergency medical services to the Sunset Beach area as
amended by Late Communication replacing page 3 which amends the amount OCFA pays the City
from $5,000 to $8,000 and approved direction to the Fire Chief to report to Council annually on how
the program is working. The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Adopted Ordinance No. 3699 Amending Section 10.44 of the Huntington Beach
Municipal Code Regulating Parking Time Limits of Oversized Vehicles, Recreational Vehicles
and Detached Trailers on City Streets (560.20)
Mayor Pro Tern Sullivan stated his opposition to the recommended action for reasons including the
lack of a 72-hour permit limit.
(24) March 21, 2005 - Council/Agency Minutes - Page 24
After the City Clerk read by title, a motion was made by Hansen, second Bohr to adopt Ordinance
No. 3699 — "An Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the
Huntington Beach Municipal Code Relating to Oversized Vehicle Parking." (Approved for
introduction as amended on March 7, 2005.) The motion carried by the following roll call vote:
AYES: Hansen, Coerper, Hardy, Green, Bohr, Cook
NOES: Sullivan
ABSENT: None
(City Council) Adopted Emergency Ordinance No. 3703 Amending Huntington Beach
Zoning and Subdivision Chapter 204 (Use Classifications) and Chapter 212 (Industrial
Districts) to Include Regulation of Medical Marijuana Dispensaries (570.10)
The City Council considered communication from the City Attorney, the Police Chief and the
Planning Director transmitting the following Statement of Issue: Whether or not to amend the
Huntington Beach Zoning and Subdivision Ordinance regulating the establishment and
operation of medical marijuana dispensaries.
Discussion ensued amongst Council and staff relative to possible locations for dispensaries,
Supreme Court decisions and obtaining input from other sources including a League of
California Cities subcommittee.
After the City Clerk read by title, a motion was made by Coerper, second Cook to adopt
Ordinance 3703 -An Emergency Ordinance of the City of Huntington Beach Amending
Chapter 204 (Use Classifications) and Chapter 212 (Industrial Districts)of the Huntington Beach
Zoning and Subdivision Ordinance to Include Medical Marijuana Dispensaries." The motion,
requiring five affirmative votes carried by the following roll call vote:
AYES: Hansen, Coerper, Sullivan, Hardy, Green, Bohr, Cook
NOES: None
ABSENT: None
(City Council) Mayor Pro Tern Sullivan Commented on Tentative Upcoming Agenda
Memo (120.85)
Mayor Pro Tern Sullivan commented on the Tentative Upcoming Agenda memo (which is a
guideline used by staff for future meetings) suggesting that Council receive a hard copy of the
memo weekly.
(City Council) Councilmember Coerper Stated Preference that Council Comments Occur
at the Beginning of the Meeting (120.85)
Councilmember Gil Coerper announced that he prefers the Council Comments portion of the
meeting to occur at the beginning.
(City Council) Mayor Hardy Commented on Agenda Item Order, Congratulated Eagle
Scouts (120.85)
(25) March 21, 2005 - Council/Agency Minutes - Page 25
Mayor Jill Hardy announced her preference that the agenda item order remains as currently
presented and congratulated new Eagle Scouts Dave and Pat from Troop 319 on their
achievements.
Adjournment — City Council/Redevelopment Agency
Mayor Hardy adjourned the regular meetings of the City Council/Redevelopment Agency of the City
of Huntington Beach at 10:45 p.m. to Monday, April 4, 2005, at 4:00 p.m., in Room B-8 Civic
Center, 2000 Main Street Huntington Beach, California.
ATTEST:
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City Clerk -Clerk
City pierk and ex-officio Cle6lof the City
CoutYil of the City of Huntington Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
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