HomeMy WebLinkAbout2006-06-19Minutes
Council/RDA Meeting
City Council/Redevelopment Agency
City of Huntington Beach
Monday, June 19, 2006
4:00 P.M. - Room B-8
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
An audiotape of the 4:00 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 Kelly Mandic to
4:30 p.m. in room B-8 due to a lack of quorum.
Call to Order
Mayor Sullivan called the regular meeting of the City Council/Redevelopment Agency of
the City of Huntington Beach to order at 4:34 p.m. in Room B-8.
City Council/Redevelopment Agency Meeting Roll Call
Present: Bohr, Green, Sullivan, Hardy, Hansen, and Cook.
Absent: Coerper (The City Council granted permission for the absence of Mayor
Pro Tern Coerper pursuant to Resolution 2001-54.)
The City Clerk Announced No Late Communications Pertaining to the 4:00 P.M.
Portion of the Meeting
Pursuant to the Brown (Open Meetings) Act, City Clerk Joan L. Flynn announced no
Late Communications regarding Study Session or Closed Session items had been
received by her office following distribution of the agenda packet.
No Public Comments Regarding the 4:00 P.M. Portion of the Meeting
(City Council/Redevelopment Agency) Study Session Held — A Joint Meeting of
the Citizens Participation Advisory Board (CPAB) and City Council Discussed and
Reviewed Preliminary Recommendations for Community Development Block
Grant (CDBG) Funding Allocations for the 2006/2007 Program Year.
Roll Call — CPAB
Present: Chair, Jackie Canigiani, Patrick Burns, Rick Campbell, Angie Dahman,
Steve Garcia, Michael Johnson, and Michael Moncrief.
Absent: Diane Campbell, Linda Couey, James Hayden, Richard Lara,
Jerry Lipson, Jim Moreno, Patricia Jacobs-Pilette, and Charles Tyler.
June 19, 2006 — Council/Agency Minutes — Page 2 of 23
Economic Development Director Stanley Smalewitz introduced CPAB Chair Jackie
Canigiani. Chair Canigiani thanked the CPAB Board, Council liaisons Mayor Pro Tern
Coerper and Councilmember Green, and Senior Administrative Analyst Luann Brunson
for their efforts. She described the process followed by CPAB up to this
point, challenges faced by the Board and the recommendation for a new grantee. Chair
Canigiani explained that in most areas, CPAB and staff are in agreement for funding
recommendations. She described three areas with differing recommendations: a new
grant to Feedback Foundation, reduced funding for Project Self Sufficiency, and reduced
funding to Seniors Outreach. She explained the recommendation for funding
to Feedback Foundation is partially driven by the fact that the Foundation is funded by
other cities receiving their services.
Councilmember Green inquired about funding amounts the Foundation receives from
other cities. Chair Canigiani stated the amounts range from $7,500 to $60,000.
Councilmember Green asked if Meals -On -Wheels patrons pay for services received.
Board Member Dahman explained that donations are requested, but not required.
Senior Administrative Analyst Brunson reported the percentage of individuals who pay
for services varies. Councilmember Green inquired about funding contributed by other
cities to Community Care Health Centers. Analyst Brunson agreed to report back to
Council with these funding amounts. Mayor Sullivan thanked the Board for their efforts
on the project.
Motion to Recess to Closed Session — Approved
A motion was made by Bohr, second Green to recess to Closed Session on the following
items. The motion carried by the consensus of all present, Coerper 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 Richard Esslinger v. City of
Huntington Beach, WCAB Case Nos. AHM 00 0101979 and AHM 0101980; Claim No.
COHB 02-0144_ Subject: Richard Esslinger v. City of Huntington Beach.
(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 Neil Spector v. City of
Huntington Beach, WCAB Case Nos. LBO 0370118 and LBO 0378838; Claim Nos.
COHB 02-0069,COHB 02-0185, COHB 88-0183, COHB 92-0238, COHB 97-0045,
COHB 97-0225, COHB 98-0231, and COHB 05-0056. Subject: Neil Spector v. City of
Huntington Beach.
(City Council) Closed Session - Pursuant to Government Code Section 54957.6 to
meet with its designated representatives: Agency Negotiators: Penelope Culbreth-Graft,
City Administrator; Bob Hall, Deputy City Administrator; Dan Villella, Finance Director;
Renee Mayne, Chief Negotiator; and Irma Youssefieh, Human Resources Manager
regarding labor relations matters - meet and confer with the following employee
organizations: MEO, PMA, FMA, HBFA, MSOA, SCLEA, and Non -Associated.
Subject: Labor Relations - Meet and Confer.
June 19, 2006 — Council/Agency Minutes — Page 3 of 23
(City Council) Closed Session - Pursuant to Government Code Section
54956.9(b)(3)(A) to confer with its 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: One. Subject:
Potential Litigation.
(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 Brookhurst & Adams, LLC v.
City of Huntington Beach, Orange County Superior Court Case No. 06CC04703.
Subject: Brookhurst & Adams, LLC v. City of Huntington Beach.
Reconvened City Council/Redevelopment Agency Meeting — 6:02 p.m.
Present: Bohr, Green, Sullivan, Hardy, Hansen, and Cook.
Absent: Coerper (The City Council granted permission for the absence of Mayor
Pro Tern Coerper pursuant to Resolution 2001-54.)
No Actions Taken in Closed Session Which Require a Reporting Pursuant to
Government Code Section 54957.1(a) (3) (B).
Pledge of Allegiance/Flag Salute - Led by Councilmember Hardy
Invocation - Led by Reverend Peggy Price, 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 Jennifer McGrath, City Attorney dated June 15, 2006, and
titled Late Communication June 19, 2006 Agenda Item D-2 submitting a revised Exhibit
A to Resolution 2006-33.
Communication submitted by Merrilee Madrigal, Director of the HB River Park
Foundation, dated June 19, 2006, and titled Late Communication Consent Item E-11
Monroe's Nursery Lease.
Communication submitted by Bob Polkow, dated June 16, 2006 and untitled.
Communication submitted by Norm Westwell, dated June 19, 2006 and titled Late
Communication opposing G-1F.
Communication submitted by Mike and Noelle Hipke, Kathy Farahani, Al and Marie
Hansen, Wendell Pierce, Pedro and Jill Castagna, and Ellen Lassley, dated June 19,
2006 and titled Re: June 19, 2006 City Council Meeting, RV Parking Law.
June 19, 2006 — Council/Agency Minutes — Page 4 of 23
The Following Communications Were Submitted During the Meeting:
Communications submitted by Doug Herrema, various dates, including notarized
documents from property owners and Brush Drive Street Improvement Petitions relating
to the Brush Drive project.
Communication submitted by Bob Watts dated June 5, 2006 and titled Committee to
Support Our Seniors.
Communication submitted by Merrilee Madrigal, undated, consisting of 35 photos
depicting water issues relating to the Monroe Wholesale Nursery.
Communication submitted by Gerald Chapman, undated, consisting of a page from the
City Charter pertaining to Section 612, Public Utilities and Parks and Beaches.
Communications submitted by Theresa Chaque, various dates, including a copy of a
web page, Urban Forestry, Benefits of Trees, and copies of emails, letters, and tree
saving petitions pertaining to the Brush Drive project.
Communications submitted by Shannon Gallagher dated August 4, 2005 including
a copy of an invoice from the City of Huntington Beach and a copy of a Notice of
Violation.
Presentation - Mayor Sullivan presented a commendation to Huntington Beach resident
Leslie Flores. Leslie is a fourth grade teacher at Star View Elementary School who was
honored with a National Teacher Award from Time Warner Cable for her entry,
Mysteries of the Titanic.
Mayor's Award - Mayor Sullivan called on Fire Chief Duane Olson who presented the
Mayor's Award to Senior Administrative Analyst Kevin Justen. Chief Olson described
Kevin's work ethic, extensive municipal government experience, and excellent customer
service_
(City Council) Rescheduled to July 17, 2006 Meeting — Adoption of Ordinance No.
3742 Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to
Parking Time Limits for Recreational Vehicles, Unattached Boat or Personal
Watercraft Trailers.
Mayor Sullivan referred Council to the portion of the agenda packet that included a
request from Mayor Pro Tern Coerper to reschedule this item.
Councilmember Green commented on reasons for the request to reschedule and stated
she would not support the request.
A motion was made by Bohr, second Hardy to reschedule adoption of Ordinance No.
3742 to July 17, 2006. The motion carried by the following roll call vote:
AYES: Bohr, Sullivan, Hansen, and Cook
NOES: Green, and Hardy
ABSENT: Coerper
June 19, 2006 — Council/Agency Minutes — Page 5 of 23
Public Comments
(The numbers following speakers' comments reflect the approximate point of time in the archived
video the speaker appears, available at http://www_surfcity-hb.org/Government/Agendas/ )
Bob Polkow voiced his disappointment in Council's action to reschedule adoption of
the RV Ordinance. (17:53)
Gwendolyn Black, resident and member of the Huntington Beach Human Relations
Task Force, announced that June is Gay and Lesbian Pride Month. She opined that
continued work is necessary to reduce hate crimes in the City and thanked Council for
reaffirming the Declaration of Proclamation of Human Dignity on its tenth anniversary.
(18:53)
Reverend Peggy Price, resident since 1987, described past hate crimes in Huntington
Beach affecting homosexuals. She stated the federal government has recognized eight
minority groups and asked why the Mayor and other members of Council have declined
to proclaim June as Gay Pride Month. (21:35)
Doug Herrema, Brush Drive resident, clarified what he referred to as two questionable
addresses, 16601 Newland and the residence of Steve Martin, on the tree removal
petition. He emphasized the importance of good neighbor relations on Brush Drive.
(24:42)
Ralph Bauer, forty -two-year resident, requested the proposed senior center project be
placed on the ballot for vote, urging Council to allow the public to decide. (27:19)
Bob Watts submitted a Late Communication and spoke in opposition to relocating the
senior center. He refuted statements he said were made by advocates of relocating the
senior center to Central Park. (28:21)
Robert Valeski, Brush Drive resident, voiced his support for the agenda item pertaining
to the Brush Drive petition. He asked Council to move forward with the street
reconstruction project. (32:51)
Steve Stafford spoke regarding alleged lawsuits in the residential development he
resides in, concerns with the roadway in the same development, and graffiti at
Huntington Beach High School. He suggested the Police Department utilize volunteers
to assist in taking reports on graffiti damage in the City. (34:07)
Merrilee Madrigal, resident living adjacent to the Santa Ana River and Director of the
HB River Park Foundation, spoke in opposition to renewal of the Monroe Nursery lease.
She referred to her Late Communication and asked for more time to produce a water
quality plan. Ms. Madrigal requested Council continue the item for another thirty days.
(36:05)
Mary Jo Baretich spoke in support of rebuilding the senior center, stating her opinion
that further discussion and input from the community are needed prior to a final
decision. She voiced her opposition to locating the center in Central Park, and to
establishing it as a Community Center. Ms. Baretich asked Council to evaluate other
City -owned property as potential sites for a new center. (38:14)
June 19, 2006 — Council/Agency Minutes — Page 6 of 23
Mark Bixby requested Central Park be allowed to remain as open space. He quoted
from a 1999 Environmental Impact Report that referred to the local wildlife corridor. Mr.
Bixby challenged the proposed senior center proponents to address the raptor issue and
urged Council to take no further action on the project. (39:55)
John McGregor, forty -two-year resident, voiced his opposition to a new senior center in
Central Park and suggested Council consider the vacant Kettler School as an alternate
site. (42:59)
Elmer Smith, thirty-year resident, spoke in support of relocating the senior center to
the Kettler School site. He stated preference for a center designated for seniors, rather
than a multi -generational community center. (45:03)
Susan Fleming, thirty -eight -year resident living near Central Park, spoke in opposition
to relocating the senior center to the Park. She voiced concern for birds and other
animals that use the proposed site and other areas of the Park. (52:34)
Mark Evans, affiliated with Save Central Park and Huntington Beach Higher Flyers Disc
Golf Club, suggested alternate sites be considered for relocating the senior
center. (49:25)
Chris Varga, Brush Drive resident, described five signatures of residents who he stated
wish to have their names removed from the tree removal petition. He suggested a
certified mail ballot is fair, and that residents should be involved in the choice of trees
used to replace removed trees. (52:34)
Robert Franklin, thirty -eight -year resident affiliated with Save Central Park, spoke in
opposition to the proposed Central Park site for a new senior center. He opined that
a new senior center is needed, but not at cost of removal of trees and open space.
Mr. Franklin asked Council to delay the vote in order to give Save Central Park time to
research the issue further. (54:57)
Gerald Chapman submitted a Late Communication and voiced his opinions on the
intent of Measure C, stating a vote on the issue is premature. (58:07)
Theresa Chaque submitted a Late Communication and stated her support for saving the
trees on Brush Drive and raised questions about some of the tree removal petition
signatures. She asked that the balloting be done by certified mail, and suggested
the City proceed with repairs to other streets. (59:54)
Marge Allen, thirty -seven-year resident, voiced her opposition to the removal of trees on
Brush Drive and questioned the validity of the original petitions. (1:03:13)
Ben Allen read from reports pertaining to research in the City of San Diego and the
advantages of trees. Some of the advantages cited were increased property value,
better temperature regulation, oxygenation of the air, and slowing of rainwater runoff.
(1:06:20)
Andrew Chaque, resident of Brush Drive, gave a PowerPoint report and asked that spot
repairs be performed to Brush Drive rather than complete reconstruction. He presented
photos of repairs done on other streets that appeared to have successful results.
(1:09:45)
June 19, 2006 — Council/Agency Minutes — Page 7 of 23
Francis Arciaga, thirty -four-year resident, spoke regarding the Target store and
concerns about lights that shine into residences. He asked Council to place further
restrictions on Target to deflect the lights. Mr. Arciaga also expressed concerns about
the traffic path of delivery trucks and drainage from planters that he said seeps onto
surrounding residences. (1:13:53)
Councilmember Cook asked Mr. Arciaga to remain for the public hearing pertaining to
the Target store.
(City Council) Councilmember Green Announced City's Declaration of Policy of
Human Dignity; June is Gay and Lesbian Pride Month.
Councilmember Cathy Green announced that the City is celebrating the tenth
anniversary of the Declaration of Policy of Human Dignity. She stated there are eight
Federal Heritage Months, and June is Gay and Lesbian Pride Month.
(City Council) Councilmember Green Spoke Regarding Avian Flu
Councilmember Cathy Green spoke regarding the Avian Flu, describing methods of
transfer of the virus and the danger of a pandemic.
(City Council) City Administrator Culbreth-Graft Requested Public
Works Director Introduce a New City Employee.
City Administrator Penny Culbreth-Graft asked the Public Works Director to
introduce a new City employee. Director Robert F. Beardsley introduced Travis
Hopkins, City Engineer, who most recently worked with the City of Placentia.
(City Council) Reviewed and Accepted City Treasurer Shari Freidenrich's April
2006 Investment Summary Report Titled City of Huntington Beach Summary of
City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for
April 2006.
The City Council considered a communication from City Treasurer Shari Freidenrich
transmitting the Monthly Investment Report for April 2006.
City Treasurer Freidenrich gave a PowerPoint presentation titled April Treasurer's
Report, which was included in the agenda packet.
A motion was made by Bohr, second Hansen to review and accept the Monthly
Investment Report entitled Summary of Investment Portfolio, Bond Proceeds, and
Deferred Compensation Activity for April 2006, 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:
Bohr, Green, Sullivan, Hardy, Hansen, and Cook
NOES:
None
ABSENT:
Coerper
June 19, 2006 — Council/Agency Minutes — Page 8 of 23
(City Council) Public Hearing Held — Appealed the Planning Commission's
Acceptance of the Six -Month Review of Conditional Use Permit (CUP) No. 03-35
(Target Loading and Delivery Operations Condition) and Imposition of an
Additional One -Year Review Period, and Received and Filed as Adequate CUP No.
03-35 With Amended Conditions of Approval as Amended and No Additional One -
Year Review; Approved Request to Process Entitlement Plan Amendment with the
Planning Commission for Hours of Operation within 60 Days.
Mayor Sullivan announced that this was the time noticed for a public hearing to consider
the following:
APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF THE SIX-MONTH
REVIEW OF CONDITIONAL USE PERMIT NO. 03-35 (TARGET - TRUCK DELIVERY
HOURS AT 9882 ADAMS):
Appellants: Mayor Sullivan and Councilmember Green
Applicant: City of Huntington Beach
Request: A six month review of Conditional Use Permit No. 03-35 as required under
Entitlement Plan Amendment No. 05-01, approved by the Planning Commission on
September 27, 2005. The review is to ensure compliance with the approved conditions
of approval regarding loading and delivery operations for the Target Department Store.
Location: 9882 Adams Avenue (southwest corner of Brookhurst St. and Adams Ave.)
Project Planner: Paul Da Veiga
Legal notice as provided to the City Clerk's Office by staff had been mailed, published
and posted.
Associate Planner Paul Da Veiga gave a PowerPoint report titled Target - Six Month
Review, which was included in the agenda packet.
Councilmember Green asked for clarification on the Staff recommendation, specifically
which conditions can be altered by Council, and suggested extended delivery hours on
Sundays. Planner Da Veiga responded, stating the current conditions do not
allow Sunday deliveries, but that the applicant had requested them. Planning Director
Zelefsky explained a change in operating hours would require public notice_ City
Attorney McGrath clarified Council may change delivery days and hours as part of this
review.
Councilmember Green asked for further clarification on lighting restrictions. Planner
Da Veiga explained that lighting restrictions are a Code Enforcement issue and have
been addressed. Councilmember Hardy asked about signage, and if Target has
requested extended hours of operation on holidays. Planner Da Veiga explained he has
not yet received a request for extended hours in writing, and that signs will be examined
after a decision is made on the appeal.
Mayor Sullivan declared the public hearing open.
June 19, 2006 — Council/Agency Minutes — Page 9 of 23
Chris Long, Pacific Land Services for Target Corporation, stated his understanding that
delivery hours could be addressed during this public hearing and asked Council to
consider extended holiday hours, between Thanksgiving and New Year's Day, in a
separate hearing. He described problems for the Target Corporation pertaining to the
lack of Sunday delivery hours and with restrictions on smaller vendors, which require
them to use the front door for delivery instead of the man door. He asked Council to
approve expanded delivery hours, from 10:00 a.m. to 6:00 p.m. Saturdays and Sundays
for large delivery trucks. He requested the Conditions of Approval, paragraph 5a, be
rewritten to allow delivery hours Monday through Friday, 8:00 a.m. to 7:00 p.m. for large
trucks and Saturdays/Sundays 10:00 a.m. to 6:00 p.m. and smaller delivery trucks 8:00
a.m. to 12:00 p.m. Monday through Friday, with access to the man door. He asked that
paragraphs 5f and 5g be modified pertaining to store hours. (1:38:46)
Francis Arciaga reiterated concerns he had voiced earlier with regards to lighting and
residential disturbances. He asked Council to require deflectors on the light fixtures.
(1:46:50)
Pamela Manke, resident whose backyard abuts the Target parking lot, voiced concerns
with loading disturbances she has experienced since the store has been remodeled.
She asked Council not to extent the delivery hours, stating a significant negative impact
on her life due to motor noises, refrigeration noises, fumes, and truck backup noises.
(1:47:49 )
Robert Copeland stated his backyard is directly across the parking lot from the man
door and described noise disturbances. He suggested several more delivery bays
should have been constructed and asked Council to leave the delivery hours as they are
currently allowed. (1:51:02)
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 asked staff for clarification on drainage and lighting concerns
mentioned by the public speakers. Associate Planner Da Veiga stated Code
Enforcement would investigate these issues further. Councilmember Bohr inquired
about delivery hours prior to remodeling of the store. Planner Da Veiga explained
there were no restrictions prior to the remodel. He also reported, per Councilmember
Bohr's request, on more expansive delivery hours for Home Depot, Wal-Mart and Lowe's
in the City. Councilmember Green inquired about the access gate, and Planner Da
Veiga clarified the gate is closed during business hours. City Attorney McGrath clarified
that changes to access door restrictions would require further public notice_
In response to an inquiry from Council, Mr. Long stated his opinion the entire Conditional
Use Permit (CUP) is up for review. Planner Da Veiga reiterated that only delivery issues
are up for review. Mayor Sullivan asked for an explanation of the process to address the
other issues discussed. Planning Director Zelefsky clarified the applicant would be
required to file a request to modify the entitlement, then the Planning Commission
would review the request, unless Council requests otherwise. Councilmember Cook
voiced concerns with making several changes to the entitlement without public notice,
stating she will oppose such changes. Councilmember Green stated her understanding
the Council could consider the entire CUP at this meeting.
June 19, 2006 — Council/Agency Minutes — Page 10 of 23
Mayor Sullivan stated his opinion the delivery hours approved by the Planning
Commission are too restrictive.
Councilmember Green inquired about Council's ability to make changes to store
operating hours. Director Zelefsky clarified the Zoning Code requires these types of
changes go to the Planning Commission. Councilmember Green asked that the
Commission review such a request within thirty days. City Attorney McGrath clarified
any modification to paragraph 5a of the Conditions of Approval would be within Council's
purview at this hearing. She suggested Council delete the last sentence of paragraph
5a. Councilmember Hardy inquired about the man door; Director Zelefsky explained the
requirement for fire exits. Councilmember Bohr voiced his support for the motion and
requested that the applicant's entitlement plan change requests be submitted to the
Planning Commission within sixty days.
A motion was made by Sullivan, second Green to receive and file as adequate the six-
month review of Conditional Use Permit No. 03-35 with amended conditions of approval
and no further review required as amended to replace paragraph 5a of the Conditions of
Approval with the following: Target product delivery and trash pickup shall be permitted
between the hours of 8:00 a.m. and 7:00 p.m. Monday through Friday and
between 10:00 a.m. and 6:00 p.m. Saturday and Sunday. The motion carried by the
following roll call vote:
AYES:
Bohr, Green, Sullivan, Hardy, and Hansen
NOES:
Cook
ABSENT:
Coerper
A motion was made by Bohr, second Green to request the Planning Commission
process an entitlement plan amendment pertaining to hours of operation within sixty
days of Target applicant's request. The motion carried by the following roll call vote:
AYES: Bohr, Green, Sullivan, Hardy, and Hansen
NOES: Cook
ABSENT: Coerper
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 03-35
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 03-35:
1. The site plan, floor plans and elevations received and dated March 18, 2004 shall be
the conceptually approved layout with the following modifications:
a. The loading dock enclosure shall be constructed with sound absorbing
material designed to minimize noise impacts associated with loading and
unloading activities. Truck loading and maneuvering shall be designed to
provide the greatest separation possible from the adjacent residential properties.
The architecture colors and materials of the enclosure shall be consistent with
the overall building architecture.
b. The architecture colors and materials of the garden center shall be consistent
with the overall building architecture.
June 19, 2006 — Council/Agency Minutes — Page 11 of 23
c. The design, colors, and materials for the subject building shall be reviewed by
the Design Review Board (DRB) following approval by the Planning Commission.
1) Elevations shall be revised to incorporate multiple roof planes and/or a
variety of roof slopes to reduce the overall mass and bulk of the building
and comply with the Urban Design Guidelines.
2) The overall architectural theme shall reflect a contemporary
architectural design consistent with the design concept identified on
elevation dated April 14, 2004. Several massing elements, in various
volumes, shall be incorporated into the design. Varied use of earth tone
colors and quality exterior materials such as stone veneer, split -face
block, or other similar material shall be incorporated to accent prominent
portions of the building fagades.
3) The design of the garden center shall incorporate an enhanced entry
design which shall have the appearance of a secondary storefront. The
design of the garden center shall include similar architectural design as
the overall building.
4) A public art element shall be integrated and be in a location that is
visible to the public within the project site. Public art shall incorporate the
following:
i) Artistic excellence and innovation
ii) Appropriate to the design of the project
iii) Indicative of the community's cultural identity (ecology, history,
society)
The Design Review Board's recommended public art element
shall be reviewed and approved by the Planning Director, prior to
issuance of a building permit for the project. The public art shall
be in place at the subject site prior to final building inspection.
d. The cart corrals shall be constructed with a durable material such as concrete
block. The design of the cart corrals shall be consistent with Sheet 6 of the
conceptual plans dated March 18, 2004. The colors and materials used on the
cart corrals shall be consistent with the subject building.
e. All non -conforming signs shall be eliminated from the subject site, including
the one pylon sign along the Adams Avenue frontage and a second pylon sign
along the Brookhurst Street frontage. A planned sign program for all signage on
the subject property and outlying commercial pads shall be submitted to the
Planning Department. Said program shall be approved prior to the first sign
permit request.
f. Prior to submittal for building permits. The applicant shall submit a copy of the
revised site plan, floor plans and elevations pursuant to Condition No. 1 for
review and approval, and inclusion in the entitlement file to the Planning
June 19, 2006 — Council/Agency Minutes — Page 12 of 23
Department and submit 8.5 inch by 10 inch colored elevations, materials board,
and renderings to the Planning Department for inclusion in the entitlement file.
g. All parking that is proposed behind the store, within the access gates, shall be
designated as employee -only parking.
h. A minimum of two speed bumps shall be provided behind the building, subject
to review and approval by the Fire Department.
i. All perimeter trees located directly adjacent to residential properties shall be of
a species that is non -deciduous and results in minimal impacts in maintenance
and upkeep to adjacent properties.
2. Prior to issuance of a grading permit, the following shall be completed:
a. The site plan received and dated April 14, 2003 shall be the approved layout
except for the following: (PW)
1) The driveway on the south side of the property along Brookhurst Street
shall be widened to a minimum of 36-feet in width, to allow for two egress
lanes.
2) A minimum 10-foot sight triangle must be provided at all points on the
site, including the building corners. Areas of concern include the
northwest corner (at the loading dock) and northeast corner of the
building. The sidewalk must also be extended a minimum of four feet
west of the building corner.
3) A truck -tracking exhibit, utilizing a WB-50 design vehicle, must be
provided to demonstrate that delivery trucks can be accommodated. This
truck tracking exhibit must illustrate a truck entering the site, accessing
the loading docks and egressing the site. It must be demonstrated that
the truck movements will not encroach into opposite directions of roadway
traffic nor impact the parking spaces shown.
4) A traffic signal shall be constructed at the main driveway entrance on
Adams Avenue. This traffic signal shall include the installation of
interconnect conduit and cable to the traffic signal controller cabinet at the
intersection of Brookhurst Street and Adams Avenue. A traffic signal and
maintenance easement shall be provided in the driveway area_ The
appropriate curb ramp and signing & striping modifications shall be made
to accommodate the traffic signal installation. (PW/MM)
5) The applicant shall provide the legal description(s), plat(s), and
supporting documents necessary for the City to quitclaim any abandoned
portions of the existing water line easement dedicated to the City of
Huntington Beach. (PW)
3. Prior to issuance of building permits, the following shall be completed:
a. An "Acceptance of Conditions" form shall be properly executed by the
applicant and an authorized representative of the owner of the property, recorded
with the County Recorder's Office, and returned to the Planning Department for
inclusion in the entitlement file. Conditions of approval shall remain in effect in
June 19, 2006 — Council/Agency Minutes — Page 13 of 23
the recorded form in perpetuity, except as modified or rescinded pursuant to the
expressed written approval of the City of Huntington Beach.
b. The public art element shall be approved by the reviewed by the Design
Review Board and approved by the Planning Director.
4. The structure(s) cannot be occupied, the final building permit(s) cannot be approved,
and utilities cannot be released for commencement of use and issuance of a Certificate
of Occupancy until compliance with all conditions of approval specified herein are
accomplished and verified by the Planning Department.
5. The use shall comply with the following:
a. Target product delivery and trash pickup shall be permitted between the hours
of 8:00 a.m. to 7:00 p.m. Monday through Friday and 10:00 a.m. to 6:00 p.m. on
Saturday and Sunday. (AMENDED 6/19/06)
b. Delivery trucks shall not leave engines idling while delivering merchandise to
the Target store. Trucks shall turn-off engines once they reach the loading dock.
(MM)
c. There shall be no loudspeakers or other amplified devices within the garden
center, at any time. (MM)
d. Rubber noise seals shall be provided around the opening to the building at the
location of the loading dock. (MM)
e. The trash compactor shall not be operated before 8:00 AM and after 7:00 PM.
(MM)
f. All doors along the southerly and westerly facades of the building shall remain
closed at all times. (MM)
g. The hours of operation for the Target store shall be from 7 a.m. to 12 a.m.
The access gates to the rear of the building shall remain closed from 10:00 p.m.
to 7:00 a.m.
h. Parking lot lights shall be automatically dimmed to minimal security level
lighting one hour after closing.
i. The Target Department Store shall be designated as a single user with a
maximum of 10 percent of the gross building floor area devoted to an ancillary
retail/restaurant tenant.
j. Any re -use of the site or request for future demising walls to allow for a new
use within the subject building shall require approval of a conditional use permit
by the Planning Commission.
June 19, 2006 — Council/Agency Minutes — Page 14 of 23
k. All outdoor display of seasonal, holiday, special events, and temporary outdoor
sales events within the parking lot, on sidewalks, or any other portion of the
project site shall be subject to the Huntington Beach Zoning and Subdivision
Ordinance Code. At no time shall a Temporary Use Permit be granted for the
area between the subject building and the southerly or westerly property lines.
I. There shall be no outside storage of storage containers or bins, vehicles,
vehicle parts, equipment, or trailers. There shall be no outside storage of
palettes or other product at any time without the required permits.
m. There shall be no loitering by patrons or employees within the parking areas
located at the rear of the subject building. Signs shall be posted to indicate that
no loitering in all parking areas located behind the subject building. Store
managers shall be responsible for regulating all activity occurring at the rear of
the subject building at all times.
n. A store liaison shall be permanently established and available to assist
neighbors and residents with issues regarding the site during construction and
after completion of the project when the development is open for business. A
sign identifying the store contact and telephone number shall be permanently
posted on -site.
o. All Mitigation Measures of Mitigated Negative Declaration No. 03-02 shall be
adhered to.
6. Within 30 days of Planning Commission action on the six-month review, the following
signs shall be installed (AMENDED 4/25/06):
a. A sign(s) prohibiting truck idling, identifying the permitted hours for loading and
delivery, and providing a store contact shall be placed in a conspicuous location
adjacent to the loading dock. The sign shall be sized appropriately in order that it
can be clearly viewed by truck drivers entering the loading dock area. The
sign(s), the text, and location shall be submitted to the Planning Department for
review and approval prior to installation. (AMENDED 4/25/06)
b. A sign shall be installed at the southeasterly portion of the building that
indicates "No thru traffic" and "No deliveries permitted". The sign shall be placed
in a conspicuous location with the text and location subject to the review of the
Planning Department prior to installation. (AMENDED 4/25/06)
7. The Planning Director ensures that all conditions of approval herein are complied
with. The Planning Director shall be notified in writing if any changes to the site plan,
elevations and floor plans are proposed as a result of the plan check process. Building
permits shall not be issued until the Planning Director has reviewed and approved the
proposed changes for conformance with the intent of the Zoning Administrator's action
and the conditions herein. If the proposed changes are of a substantial nature, an
amendment to the original entitlement reviewed by the Zoning Administrator may be
required pursuant to the Huntington Beach Zoning and Subdivision Ordinance.
June 19, 2006 — Council/Agency Minutes — Page 15 of 23
8. The applicant and/or applicant's representative shall be responsible for ensuring the
accuracy of all plans and information submitted to the City for review and approval.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents,
officers, and employees from any claim, action or proceedings, liability cost, including
attorney's fees and costs against the City or its agents, officers or employees, to attack,
set aside, void or annul any approval of the City, including but not limited to any approval
granted by the City Council, Planning Commission, or Design Review Board concerning
this project. The City shall promptly notify the applicant of any claim, action or
proceeding and should cooperate fully in the defense thereof.
(City Council) Administrative Public Hearing Held — Adopted Resolution No.
2006-33 Approving Certification of Special Assessments as Amended for
Collection of Delinquent Civil Fines for Municipal Code Violations.
Mayor Sullivan announced that this was the time noticed for an administrative public
hearing to consider the adoption of proposed Resolution No. 2006-33 entitled A
Resolution of the City Council of the City of Huntington Beach Certifying Special
Assessments for Collecting Delinquent Civil Fines for Municipal Code Violations.
City Attorney Jennifer McGrath gave an oral report.
Legal notice as provided to the City Clerk's Office by staff had been mailed, published
and posted.
Mayor Sullivan declared the administrative public hearing open.
City Clerk Flynn restated for the record receipt of a Late Communication submitted by
Jennifer McGrath, City Attorney dated June 15, 2006 submitting a revised Exhibit A to
Resolution 2006-33, which removes George Psaros from the Special Assessment list.
Shannon Gallagher submitted a communication and spoke in opposition to a lien being
placed on his property. He stated he never received any citations from the City prior to
the public hearing notice, and that the violations his property was cited for have
been resolved.
Marie Smith stated she has corrected the violations for which her property was cited,
and has complied with all requests made.
There being no affected property owners 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 Green inquired about fines that have been contested in the past.
Neighborhood Preservation Program Manager Bill Zylla described the procedures
required, stating that the appeal deadlines in this case had not been met.
June 19, 2006 — Council/Agency Minutes — Page 16 of 23
Mayor Sullivan inquired if the exhibit to the staff report can be modified to remove the
names of the two public speakers and the public hearing can be continued open rather
than re -noticing. Attorney McGrath replied in the affirmative, provided the hearing is
scheduled for a date certain with a new resolution. Manager Zylla requested six to
eight weeks for review.
Councilmember Bohr asked about the procedure for mailing citations and notices,
suggesting regular and registered mail be used. Manager Zylla explained addresses are
obtained from water billing records. Councilmember Hansen requested staff develop a
consistent policy for mailing all notices by registered mail.
A motion was made by Sullivan, second Bohr to adopt -Resolution No. 2006-33 entitled A
Resolution of the City Council of the City of Huntington Beach Certifying Special
Assessments for Collecting Delinquent Civil Fines for Municipal Code Violations as
amended to remove the names of Gallagher and Smith from the amended Exhibit A of
the staff report, public hearing to remain open for those named individuals until August
21, 2006. The motion carried by the following roll call vote:
AYES:
Bohr, Green, Sullivan, Hardy, Hansen, and Cook
NOES:
None
ABSENT:
Coerper
Consent Calendar — Items Removed for Separate Discussion
(City Council) Renewal of Lease Agreement between the City of Huntington Beach and
Rex and Larry Gilmore, DBA Monroe Pacific Wholesale Nursery, a California
Partnership for Certain Real Property Located at 10449 East Adams Avenue
Consent Calendar — Items Approved
A motion was made by Bohr, second Hardy to approve the following Consent Calendar
items, as recommended: The motion carried by the following roll call vote:
AYES: Bohr, Green, Sullivan,
Minutes), and Cook
NOES: None
ABSENT: Coerper
Hardy, Hansen (abstained on May 3, 2006
(City Council/Redevelopment Agency) Approved and Adopted Minutes - Approved
and adopted the minutes of the City Council/Redevelopment Agency Adjourned Regular
Meeting of May 3, 2006 as written and on file in the Office of the City Clerk. Submitted
by the City Clerk.
(City Council) Approved and Authorized Execution of Amendment No. 3 to
Agreement Between the City of Huntington Beach and Engineering Resources of
Southern California for Plan Check and Development Services, and Authorized an
Exemption to Section 3.03.120 of the Huntington Beach Municipal Code to Allow
Extension of the Agreement - 1) Authorized an exemption to Section 3.03.120 of the
Huntington Beach Municipal Code to allow extension of a professional services contract
beyond the term of three years; and 2) Approved and authorized the Mayor and City
Clerk to execute "Amendment No. 3 to Agreement Between the City of Huntington
June 19, 2006 - Council/Agency Minutes - Page 17 of 23
Beach and Engineering Resources of Southern California for Plan Check and
Development Services." Submitted by the Public Works Director. Funding Source:
Funds in the amount of $600,000 are available in Fiscal Year 2005/2006 and proposed
Fiscal Year 2006/2007 budgets in the General Fund, Public Works Development
Services, Professional Services Account No. 10085251.69365.
(City Council) Adopted Resolution No. 2006-32 to Establish the Annual
Appropriation Limit of the Proceeds of Taxes in the Amount of $536,862,296.00 for
Fiscal Year 2006/2007, Pursuant to Article 13B of the State of California
Constitution (Gann Appropriation Limit) - Adopted Resolution No. 2006-32, "A
Resolution of the City Council of the City of Huntington Beach Establishing the
Appropriation Limit for Fiscal Year 2006/2007" of $536,862,296. Submitted by the
Finance Director. Funding Source: Not applicable.
(City Council) Authorized the Finance Director to Approve the Public Employees
Retirement System (PERS) Lump Sum Prepayment Request for Fiscal Year 2006-
2007 - Authorized Daniel T. Villella, CPA, Finance Director to approve the Public
Employees' Retirement System LUMP SUM PAYMENT REQUEST for fiscal year 2006-
2007 authorizing the lump sum prepayment of PERS Retirement Employer's
Contribution in the amount of $8,300,730 for Safety employees and $3,008,132 for
Miscellaneous employees to be paid by July 15, 2006. Submitted by the Finance
Director. Funding Source: Cash is available within the various funds that usually have
PERS obligations. Any amounts paid prior to the obligation date for these benefits in the
fiscal year 2006-2007 are considered prepayments of expenses and can be refunded if
necessary.
(City Council) Authorized the Addition of Atlanta Flood Control Station Engine #3,
a Natural Gas Engine Used to Pump Storm Water, to the Approved List of Public
Works Equipment Replacement - Authorized the addition of Atlanta Flood Control
Station Engine #3 to the approved list of Public Works equipment replacement.
Submitted by the Public Works Director. Funding Source: General Fund account
10040314.83700 - Capital Purchases - Public Works - Equipment, General. No
additional appropriation is required.
(City Council) Approved the West Orange County Water Board (WOCWB), a Joint
Powers Authority (JPA), 2006/2007 Proposed Budget in the Amount of $95,600 -
Approved the fiscal year 2006/2007 proposed West Orange County Water Board Budget
in the amount of $95,600. Submitted by the Public Works Director (as recommended by
Council Liaisons Mayor Dave Sullivan and Councilmember Jill Hardy). Funding Source:
The City's net share of $13,012 for the fiscal year 2006/2007 WOCWB budget will be
included as a line item expenditure in the Water Fund (506) fiscal year 2006/2007
budget submittal under account 50685801.67655.
(City Council) Approved Project Specifications and Award Contract in the Amount
of $140,242.50 for Construction of Curb Ramps, Sidewalks, Curbs and Gutters on
Rembrandt Drive, MSC-434, to Nobest, Inc. - 1) Approved the project specifications;
and 2) Accepted the lowest responsible bid submitted by Nobest, Inc. in the amount of
$140,242.50 and 3) Authorized the Mayor and City Clerk to execute a construction
contract in a form approved by the City Attorney. Submitted by the Director of Public
Works and Director of Economic Development. Funding Source: Funds in the total
amount of $150,000 have been designated for this purpose from Community
June 19, 2006 — Council/Agency Minutes — Page 18 of 23
Development Block Grant (CDBG) fiscal year 2005/2006 Curb/Sidewalk Construction
86890001.82300. Funding of up to $14,000 from General Fund, Street Maintenance
Account No. 10085412.64620 is available for contingency and supplemental expenses.
(City Council/Redevelopment Agency) Approved City Council Resolution No.
2006-34 and Redevelopment Agency Resolution No. 360 Regarding the Magnolia
Sidewalk Project in the Southeast Coastal Redevelopment Project Area - 1) City
Council Recommended Action: Approved City Council Resolution No. 2006-34, "A
Resolution of the City Council of the City of Huntington Beach Consenting to Payment by
the Redevelopment Agency for Costs of the Installation and Construction of Sidewalk
Improvements Immediately Adjacent to Magnolia Street and Making Certain
Determinations and Findings Pursuant to Health and Safety Code Section 33445;" and
2) Redevelopment Agency Recommended Action: Approved Redevelopment Agency
Resolution No. 360, "Resolution of the Redevelopment Agency of the City of Huntington
Beach Agreeing to Pay the Costs of the Installation and Construction of Sidewalk
Improvements Immediately Adjacent to Magnolia Street and Making Certain
Determinations and Findings Pursuant to Health and Safety Code Section 33445."
Submitted by the Economic Development Director. Funding Source: Capital
Improvement Account 10040314.82300 to be repaid by Tax Increment from the
Southeast Coastal Project Area.
(City Council) Adopted Resolution No. 2006-26 Calling and Giving Notice of a
General Municipal Election on November 7, 2006 for the Election of Officers;
Adopted Resolution No. 2006-27 Requesting the County of Orange to Consolidate
the City's General Municipal Election with the Statewide General Election on
November 7, 2006; Adopted Resolution No. 2006-28 Adopting Regulations
Pertaining to Foreign Language Translation and Printing of Candidate Statements
for Elective Office - 1) Adopted Resolution No. 2006-26, "A Resolution of the City
Council of the City of Huntington Beach, California, Calling and Giving Notice of the
Holding of a General Municipal Election to be Held on Tuesday, November 7, 2006, for
the Election of Certain Officers as Required by the Provisions of the Charter"; and 2)
Adopted Resolution No. 2006-27, "A Resolution of the City Council of the City of
Huntington Beach, California, Requesting the Board of Supervisors of the County of
Orange to Consolidate a General Municipal Election to be Held on Tuesday, November
7, 2006 with the Statewide General Election to be Held on that Date Pursuant to §10403
of the Elections Code"; and 3) Adopted Resolution No. 2006-28, "A Resolution of the
City Council of the City of Huntington Beach, California, Adopting Regulations for
Candidates for Elective Office Pertaining to Candidates' Statements Submitted to the
Voters at an Election to be Held on Tuesday, November 7, 2006." Submitted by the City
Clerk. Funding Source: Funds estimated at $170,000 by the Registrar of Voters will be
budgeted in fiscal year 2006/2007, Election Account #10010201.69300.
(City Council) Accepted the Resignation of Dominick A. Tomaino from the
Community Services Commission, and Approved the Appointment of Jay Kreitz to
the Community Services Commission With a Term to Expire July 1, 2010 -
Accepted the resignation of Dominick A. Tomaino from the Community Services
Commission, and approved the appointment of Jay Krietz for a term to expire July 1,
2010 as recommended by Council Liaisons, Mayor Dave Sullivan and Councilmember
Don Hansen. Submitted by the Community Services Director. Funding Source: Not
Applicable.
June 19, 2006 — Council/Agency Minutes — Page 19 of 23
(City Council) Approved Renewal of Lease Agreement between the City of
Huntington Beach and Rex and Larry Gilmore, DBA Monroe Pacific Wholesale
Nursery, a California Partnership for Certain Real Property Located at 10449 East
Adams Avenue.
The City Council considered a communication from the Director of Economic
Development transmitting the following Statement of Issue: Should City Council
approve a Lease Agreement between Rex and Larry Gilmore, DBA Monroe Pacific
Wholesale Nursery, a California partnership and the City? Funding Source: Not
applicable.
Councilmember Green requested that this agenda item be removed from the Consent
Calendar to ask if water drainage problems have been remedied. Public Works Director
Robert F. Beardsley clarified water drainage issues illustrated in the photos presented by
a public speaker at this meeting are not related to the Monroe site. He stated a water
quality plan is due within forty-five days of lease approval.
A motion was made by Green, second Hardy to 1) Approve the Lease Between the City
of Huntington Beach and Rex Gilmore and Larry Gilmore, DBA Monroe Pacific
Wholesale Nursery; and 2) Authorize the Mayor and the City Clerk to execute the
lease. The motion carried by the following roll call vote:
AYES: Bohr, Green, Sullivan, Hardy, and Hansen
NOES: Cook
ABSENT: Coerper
(City Council) Adopted Resolution No. 2006-35 Approving Memorandum of
Understanding (MOU) Between the City and the Huntington Beach Municipal
Employees' Association (MEA) Covering the Period July 1, 2006 through June 30,
2007.
The City Council considered a communication from the City Administrator transmitting the
following Statement of Issue: Should the City and the Huntington Beach Municipal
Employees' Association (HBMEA) enter into a new Memorandum of Understanding (MOU)
covering the period July 1, 2006 through June 30, 2007? Funding Source: Funding is
contained in the current Fiscal Year 2005/2006 budget and will be included in the budget for
Fiscal Year 2006/2007. The cost to implement the HBMEA Memorandum of Understanding
in the current Fiscal Year is $289,470 and $1,108,438 in Fiscal Year 2006/2007. Total
estimated cost of this Memorandum of Understanding for a one-year term is $1,397,908.
City Administrator Culbreth-Graft presented a chart outlining changes to the MOU.
Mayor Sullivan suggested that in the future the chart text be larger and more readable by
television viewers.
A motion was made by Green, second Hardy to adopt Resolution No. 2006-35 - A
Resolution of the City Council of the City of Huntington Beach Approving and
Implementing the Memorandum of Understanding between the Huntington Beach
Municipal Employees' Association (MEA) and the City of Huntington Beach for July 1,
2006, Through June 30, 2007. The motion carried by the following roll call vote:
AYES: Bohr, Green, Sullivan, Hardy, Hansen, and Cook
NOES: None
ABSENT: Coerper
June 19, 2006 — Council/Agency Minutes — Page 20 of 23
(City Council) Adopted Resolution No. 2006-30 — Approving and Adopting Report
Entitled 2005 Water Master Plan (WMP) and Financing Plan Update; Approved
Introduction of Ordinance No. 3743 Amending Chapter 14.12 of the Huntington
Beach Municipal Code Relating to Fees, Rates and Deposits; and Adopted
Resolution No. 2006-31 Identifying Specific Water Projects From the Approved
2005 Water Master Plan Upon Which WMP Funds Can be Spent.
The City Council considered a communication from the Director of Public Works
transmitting the following Statement of Issue: Beginning in 2004, staff and a consultant
began work on an update of the Water Master Plan. A draft of the plan was presented to
City Council at the February 21, 2006 Study Session. The final draft of this update was
recently completed and the 2005 Water Master Plan and Financing Plan Update is
presented for City Council approval.
Public Works Director Robert F. Beardsley gave an oral report. He clarified that the
report regarding the rate structure would be presented to Council at a separate meeting
in early 2007. Councilmember Green asked about the possibility of extending the $5.50
surcharge for an additional year. Director Beardsley explained that in mid-2007, prior to
the expiration of the surcharge, staff would return to Council with recommendations.
A motion was made by Green, second Bohr to:
1:) Adopt Resolution No. 2006-30, adopting the 2005 Water Master Plan - A Resolution
of the City Council of the City of Huntington Beach Approving and Adopting That Certain
Report Entitled '2005 Water Master Plan and Financing Plan Update, City of Huntington
Beach, and
2.) After City Clerk reads by title, Approve Introduction of Ordinance No. 3743, which
would amend HBMC Sections 14.12.010(d) and 14.12.040, in order to provide that
Water Master Plan Capital Facilities Charge and Capital Surcharge monies shall be
used for projects consistent with the goals and objectives of the 2005 Water Master
Plan, which are specifically identified in a resolution, and any amendment to same,
adopted by the City Council - An Ordinance of the City of Huntington Beach Amending
Chapter 14.12 of the Huntington Beach Municipal Code Relating to Fees, Rates and
Deposits, and
3.) Adopt Resolution No. 2006-31, which identifies the specific water projects from the
2005 Water Master Plan upon which WMP Funds can be spent - A Resolution of the City
Council of the City of Huntington Beach Identifying the Specific Water Projects from the
Approved 2005 Water Master Plan on which Capital Facilities Charge Monies and
Capital Surcharge Monies can be Expended.
The motion carried by the following roll call vote:
AYES: Bohr, Green, Sullivan, Hardy, Hansen, and Cook
NOES: None
ABSENT: Coerper
June 19, 2006 — Council/Agency Minutes — Page 21 of 23
(City Council) Adopted Ordinance No. 3737 Amending Chapter 7.12 of the
Huntington Beach Municipal Code Relating to the Keeping of Fowl, Number
Permitted, Distance Limitations and Residential Animal Permit Requirements_
Councilmember Green commented on the Avian Flu and the risks of a pandemic.
Councilmember Cook noted incidences of the virus have occurred under farm and
commercial conditions, not with backyard pets. She also commented on the benefits
of establishing regulations for licensing and permitting. Councilmember Bohr concurred
with comments made by Councilmember Cook, and stated he would support the
Recommended Action. Councilmember Hansen inquired about procedures and time
constraints to revoke permits or repeal an ordinance, if necessary. City Attorney
McGrath explained an emergency ordinance could be invoked, if necessary. Mayor
Sullivan stated he would vote against the Recommended Action.
A motion was made by Hardy, second Bohr to after City Clerk read by title, Adopt
Ordinance No. 3737 - An Ordinance of the City of Huntington Beach Amending Chapter
7.12 of the Huntington Beach Municipal Code Relating to the Keeping of Fowl. The
motion carried by the following roll call vote:
AYES: Bohr, Hardy, Hansen, and Cook
NOES: Green, and Sullivan
ABSENT: Coerper
(City Council) Adopted Ordinance No. 3738 Amending Sections of Chapter 5.24 of
the Huntington Beach Municipal Code Relating to Massage Establishments and
the Appeal Process Once a Massage Technician or Establishment Permit, has
Been Revoked or Suspended.
A motion was made by Hardy, second Hansen to after City Clerk read by title, Adopt
Ordinance No. 3738 - An Ordinance of the City of Huntington Beach Amending Chapter
5.24 of the Huntington Beach Municipal Code Relating to Massage Establishments.
The motion carried by the following roll call vote:
AYES:
Bohr, Green, Sullivan, Hardy, Hansen, and Cook
NOES:
None
ABSENT:
Coerper
(City Council) Adopted Ordinance No. 3739 Amending Chapter 17.10 of the
Huntington Beach Municipal Code Relating to Graffiti Abatement from Public and
Private Property Located Within the City.
A motion was made by Green, second Hardy to after City Clerk read by title, Adopt
Ordinance No. 3739 - An Ordinance of the City of Huntington Beach Amending Chapter
17.10 of the Huntington Beach Municipal Code Relating to Graffiti. The motion carried
by the following roll call vote:
AYES:
Bohr, Green, Sullivan, Hardy, Hansen, and Cook
NOES:
None
ABSENT:
Coerper
June 19, 2006 — Council/Agency Minutes — Page 22 of 23
(City Council) Adopted Ordinance No. 3740 Amending Chapter 13.36 of the
Huntington Beach Municipal Code Relating to Boating Regulations Pertaining to
Pier Head Lines.
A motion was made by Green, second Hardy to after City Clerk read by title, Adopt
Ordinance No. 3740 - An Ordinance of the City of Huntington Beach Amending Chapter
13.36 of the Huntington Beach Municipal Code Relating to Boating Regulations. The
motion carried by the following roll call vote:
AYES:
Bohr, Green, Sullivan;. Hardy, Hansen, and Cook
NOES:
None
ABSENT:
Coerper
(City Council) Adopted Ordinance No. 3736, A First Amendment to the Holly
Seacliff Development Agreement No. 90-1 Between the City of Huntington Beach
and Pacific Coast Homes and Garfield Partners Extending Agreement for an
Additional 6-Month Period.
A motion was made by Green, second Hardy to after the City Clerk read by title, Adopt
Ordinance No. 3736 - An Ordinance of the City Council of the City of Huntington Beach
Adopting A First Amendment to the Development Agreement Between the City of
Huntington Beach and Pacific Coast Homes and Garfield Partners. The motion carried
by the following roll call vote:
AYES:
Bohr, Green, Sullivan, Hardy, Hansen, and Cook
NOES:
None
ABSENT:
Coerper
(City Council) Submitted By Mayor Sullivan — Accepted Notarized Permission for
Two of the Signatories on the Brush Drive Petition.
The City Council considered a communication from Mayor Dave Sullivan transmitting the
following Statement of Issue: Two of the signatories on the Brush Drive petition have
been given notarized permission by the owners (their close relatives) to sign for the
owners.
Mayor Sullivan gave an oral report.
Councilmember Hardy inquired if accepting the two signatures on the petition would
raise the percentage of signers to 75%. Public Works Director Robert F. Beardsley
replied in the affirmative.
A motion was made by Sullivan, second Green to accept the signatures of Minh -Thing
Cong and Stephen Martin as valid on the petition. The motion carried by the following
roll call vote:
AYES:
Bohr, Green, Sullivan, Hardy, Hansen, and Cook
NOES:
None
ABSENT:
Coerper
June 19, 2006 — Council/Agency Minutes — Page 23 of 23
Adjournment — City Council/Redevelopment Agency
Mayor Sullivan adjourned the regular meetings of the City Council/Redevelopment
Agency of the City of Huntington Beach at 9:08 p.m. to Monday, July 3, 2006, at 6:00
p.m., in Council Chambers, Civic Center, 2000 Main Street, Huntington Beach,
California.
ATTEST:
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City C and ex-o icio C erk the City
Coun of the City of Huntingt Beach
and Clerk of the Redevelopment Agency
of the City of Huntington Beach, California
Mayor -Chair