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HomeMy WebLinkAbout1988-07-18MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, July 18, 1988 A tape recording of this meeting is on file in the City Clerk's Office Mayor Erskine called the regular meeting of the City Council and the Redevel- opment Agency of the City of Huntington Beach to order at 7 p.m. ROLL CALL Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony and Pledge of Allegiance was conducted by Clancy Yoder. PRESENTATION TO KAREN & MICHAEL O'BRIC - VOLUNTEER FOR CROSS COUNTRY AND ANNUAL TRACK MEET The Mayor presented a plaque to Karen and Michael O'Bric for their volunteer hours contributed to the cross country and annual track meet. PRESENTATION TO ROBERT MAYER CORP - CONCOURS d'ELEGANCE BENEFIT FOR LIBRARY CHILDREN'S WING Mayor Erskine presented a commendation of appreciation from the City Council to the Robert Mayer Corporation for its significant contribution to the Con- cours d'Elegance event benefiting the new children's wing. REQUEST CITY TO ADOPT RESOLUTION RE WATER CONSERVATION - MUNICIPAL WATER DISTRICT OF ORANGE COUNTY Bill Hartge, Board President, Municipal Water District of Orange County, requested the City Council to adopt a resolution urging citizens to conserve water. PRESENTATION CONCOURS d'ELEGANCE/HB PRIDE WALK FOR HEALTH COMMITTEES - BENE- FITS FOR LIBRARY CHILDREN'S WING Bruce Power, Chairman of the Concours d'Elegance Committee and Ruth Bailey, representing the Huntington Beach PRIDE Walk for Health Committee presented checks for $5,000 and $4,000, respectively, to Marguerite Davenport, immediate 416 Page 2 - Council/Agency Minutes - July 18, 1988 Past President of the Huntington Beach Library Patrons Foundation. The monies collected at the two events, both held June 12, 1988, were donated to benefit the construction of the Central Library's new children's resource center. Ii PUBLIC COMMENTS J Donalie Hunt requested assistance in clarification of the City's landscape code as it pertained to their new duplex. Bill Hinckley addressed Council regarding drug use problems at Commodore Circle. Elaine Keeley, Vice President of the Allied Arts Board, Marilyn Tom, Nancy Daniels, Tracy Rosof, Anita Neel, Natalie Kotsch, representing the Downtown Merchants Guild supported acquisition of the Edison building for use as a Municipal Arts Center. Tom Bosse, representing Amnesty International, described the organization which supports human rights. The Chapter has been in Huntington Beach for one year. Peter Van Elton addressed Council regarding parking problems on Countess Drive as a result of the overflow parking from the marina. He requested parking ordinances be enforced as it pertains to the parking of boats and trailers on Countess Drive. Councilman Bannister stated he observed people being directed to park on Countess Drive. I Dean Albright addressed Council regarding his concern that old houses sched- uled for demolition contain asbestos and that demolition will turn the mater- ial to powder and be a health hazard. Michael Tator, general contractor, addressed Council regarding what he believes to be discrimination by the City toward downtown developers. He stated he believed the Townsquare property was sold below market value. He stated that he believed the public should be able to check out Council tapes at the library. Cheryle Browning addressed Council regarding bootleg bedrooms at Moody Circle. She requested that the new building to be constructed at Moody Circle be monitored by City staff to prevent bootleg bedrooms. Clancy Yoder commented on the refuse collection fee and water rate modifica- tion. He suggested that the utility tax be put in a separate Capital Improve- ment Fund. Mr. Yoder expressed opposition to the way the Civic Center was refinanced. George Arnold, Katherine Hansen, Julie Kotsch, President of PIER Group with informal petition, Crai g Doty, Dr. Don Shipley, Betty Fountain, John Gustafson, Joan Keel, Tom Bagshaw addressed Council and spoke in support of rebuilding the municipal pier. Mel Heckman addressed Council and spoke in favor of using the pier now with a warning sign stating "Use At Own Risk". 4 Page 3 - Council/Agency Minutes - July 18, 1988 Don Slaven requested answers to questions regarding studies that were done on the pier. Carol Miller addressed Council and spoke in support of Ella Christensen and suggested reinforcing pier under her buildings which are not over the water and allow the public to use that portion of the pier. Ella Christensen addressed Council and stated that she did not receive adequate notice when she was required to close her business and leave the pier. She requested that the pier be reinforced under her building, that the pier be fenced off behind her business and the front section of the pier be reopened. She informed Council that if the city would pay the electricity for her buildings she would donate half of her profits toward rebuilding of the pier. RECESS - RECONVENE The Mayor/Chairman called a recess of Council/Agency at 8:55 p.m. The meeting was reconvened at 9:10 p.m. CONSENT CALENDAR - (ITEMS REMOVED) Councilman Bannister requested separate discussion of the negotiating agree- ment with Griffin Realty and the item pertaining to financial support for OCS Local Government Coordination. Councilwoman Finley requested the Jacquelyn Lane Enhancement Project be considered separately. Councilman Mays requested Resolution No. 5900 pertaining to pavement repairs for Magnolia Street be dis- cussed separately. The City Administrator informed Council that the item per- taining to the establishment of a crossing guard at Garfield Avenue at Florida Street should be deleted from the Agenda. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second Green, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (Redevelopment Agency) SUPPLEMENTAL AGREEMENT NO 1 - APPROVED - KEYSER MARSTON ASSOC INC - ECONOMIC CONSULTANT SERVICES - REDEVELOPMENT AREAS - Approved and authorized execution of Supplemental Agreement No. 1 to Agreement For Economic Consultant Services between the Agency and Keyser Marston Associates, Inc., for assistance in analyzing the business aspects and financial feasibility of development proposals being presented within redevelopment project areas for a maximum compensation not to exceed $75,000. (Redevelopment Agency) APPROVED AUTHORIZATION TO FILE ENTITLEMENT APPLICATION WITHOUT THE CONSENT OF PROPERTY OWNER - MAIN -PIER REDEVELOPMENT PROJECT AREA - Authorized the filing of the entitlement application and supporting documen- tation for the development of the property bounded by Main/Walnut/Olive/Third. 88-2 - OLIVE/MAIN/WALNUT/5TH - CALLS PUBLIC HEARING 8/1/88 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A PUBLIC HEARING TO Page 4 - Council/Agency Minutes - July 18, 1988 DETERMINE WHETHER PUBLIC NECESSITY; HEALTH, SAFETY OR WELFARE REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT." (Redevelopment Agency) APPROVED EXTENSION OF TIME FOR NEGOTIATING AGREEMENT TO 7/1/89 - GRIFFIN REALTY - MAIN -PIER REDEVELOPMENT PROJECT The City Clerk presented a communication from the Deputy City Administrator/ Community Development regarding a status report on Main -Pier Phase II and the Exclusive Negotiating Agreement with Griffin Realty Corporation. Following discussion, a motion was made by Bannister, seconded by Erskine; to approve an extension of time to July 1, 1989 of the Exclusive Negotiating Agreement with Griffin Realty Corporation in order for them to work toward finalizing a •Disposition and •Development• Agreement.' The' motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) APPROVED FINANCIAL SUPPORT FOR THE OCS LOCAL GOVERNMENT COORDINATION PROGRAM - $2000 The City Clerk presented a communication from the Deputy City Administrator/ Zoning regarding financial support for the Outer Continental Shelf (OCS) Local Government Coordination Program. On motion by Kelly, second Green, Council appropriated $2,000 to support the OCS (Outer •Continental Shelf) Local Government Coordination Program by the following roll call vote: AYES: Kelly, Green, Finley, Erskine; Mays,.Winchell NOES: Bannister ABSENT: None (City Council) JACQUELYN LANE ENHANCEMENT PROJECT = CONSULTANT AGREEMENT - APPROVED - PURKISS-ROSE ASSOCIATES - FUND TRANSFER The City Clerk presented a communication from the Acting Director of Public Works regarding the Jacquelyn Lane Enhancement Project. . Following discussion, a motion was made by Finley, seconded by Erskine, to approve the selection of Purkiss-Rose Associates to design the Jacquelyn Lane Improvements, approve and authorize execution of the consultant contract for a fee not to - exceed , $13,850 and authorize the Finance Director to transfer $16,000 from the Oakview Improvement Account #894853 into Expenditure Account #747360. AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Page 5 - Council/Agency Minutes - July 18, 1988 (City Council) RESOLUTION 5900 - PAVEMENT REPAIRS & ASPHALT OVERLAY ON MAGNOLIA STREET BETWEEN I NDIANAPOLI S /ADAMS - 0 C_ U IFIED_TRANSPORTATION TRUST FUND The City Clerk presented Resolution No..5900 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST FUNDS FOR MAGNOLIA STREET BETWEEN ADAMS AVENUE AND INDIANAPOLIS AVENUE." Following discussion, a motion was made by Mays, seconded by Winchell, to adopt Resolution No. 5900, and directed that the project be revised to include a landscaped median in the near future. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell NOES: Bannister ABSENT: None (City Council) CROSSING GUARD GARFIELD/FLORIDA - REMOVED FROM AGENDA The item pertaining to the establishment of a crossing guard on Garfield Ave- nue at Florida Street was removed from the Agenda at the request of the City Administrator. (City Council) AUTHORIZED REQUEST FOR PROPOSALS FOR DESIGN OF NEW MUNICIPAL PIER - AD HOC COMMITTEE TO BE ESTABLISHED The City Clerk presented a communication from the Acting Director of Public Works stating that the Municipal Pier has reached the end of its useful life and recommending that it be replaced. The Mayor commended the City Administrator on his action in closing the muni- cipal pier because of unsafe conditions. The City Administrator presented a verbal report on replacement of the pier. Councilwoman Finley suggested formation of a Pier Task Force be delayed until staff and Council representatives meet and determine goals and objectives before appointments to the committee are made. Mayor Erskine requested that a better sign be designed informing the public that the pier is closed. A motion was made by Kelly, seconded by Green, to authorize a request for pro- posals for design of a new pier and that an Advisory Committee be established to solicit funds for the new pier and to oversee the design of the new pier, with the understanding that the make up of the pier committee will not be assigned at this time and that the committee set goals and objectives and establish a time schedule for construction of the pier. The motion carried ky the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Page 6 — Council/Agency Minutes — July 18, 1988 (City Council) ASCON REMEDIAL WORK PLAN REQUEST FOR PROPOSALS — CONSULTANT TO REVIEW REPORTS The City -Clerk presented a communication from James Palin, Deputy City Admini— strator, regarding the need to hire a consultant to review the Ascon Site Remedial Work Plan prepared by Radian Corporation which proposes the Remedial Investigation (characterization) of the Ascon Site located at the southwest corner of Hamilton Avenue and Magnolia Street Discussion was held regarding the matter., Richard Harlow, representing Ascon, clarified the agencies, roles and actions involved in the project. John Lindsey, Vice President of Ascon Properties, Inc., stated that the char— acterization would be done under the auspices of the Southern California Air Quality Management Board. A motion was made by Kelly, seconded by Mays, to authorize the staff to soli— cit proposals from a number of consultants to advise the City Council on the appropriate clean up of the Ascon Landfill and to receive and file the Ascon Remedial Work Plan until Ascon files for a conditional use permit for excava— tion of materials from the site. The motion carried by the following roll call vote: AYES: Kelly; Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) ORD NO 2952 — INTRODUCTION APPROVED — RESOLUTION NO 5897 — ADOPTED — ESTABLISHED CHARGE FOR RESIDENTIAL REFUSE COLLECTION The City Clerk presented a communication from the City Administrator transmit— ting a proposed ordinance and resolution establishing a residential refuse fee in the amount of $8.56 per month for all single family residences, duplex, triplex and fourplex residential units, and all other residential units as identified by staff which are not currently paying a fee directly or indirectly to a contracted refuse collection service. The City Administrator presented a staff report. The City Clerk presented Ordinance No. 2952 for Council consideration — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.20 OF THE HUNT— INGTON BEACH MUNICIPAL CODE BY ADDING SECTION 8.20.015 ESTABLISHING A CHARGE FOR RESIDENTIAL CURBSIDE REFUSE COLLECTION." The City Clerk presented Resolution No. 5897 for Council consideration — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING RESIDENTIAL CURBSIDE REFUSE COLLECTION RATES." (Effective upon effective date of Ordinance No. 2952) Following considerable discussion, a motion was made by Kelly, seconded by Erskine, to approve introduction of Ordinance No. 2952 and to adopt Resolu— tion No. 5897, to establish a refuse collection fee in the amount of $8.56. The motion failed by the following roll call straw vote: Page 7 — Council/Agency Minutes — July 18, 1988 AYES: Kelly, Erskine NOES: Green, Finley, Mays, Winchell, Bannister ABSENT: None A motion was made by Mays, seconded by Green, to approve introduction of Ordi— nance No. 2952, after reading by title, and to adopt Resolution No. 5897 esta— blishing a refuse collection fee in the amount of $5 to be identified by a separate revenue source line item and to exempt senior citizens using the formula set out in Chapter 3.36 Utilities Tax, S. 3.36.280 Senior Citizens-- Excempt. The motion carried by the following roll call vote: AYES: Green, Finley, Erskine, Mays, Winchell NOES: Kelly, Bannister ABSENT: None A motion was made by Mays, seconded by Green, to establish a capital improve— ment program which will prioritize critical projects. over a ten—year period of time and that within three years 100% of the utilities tax be earmarked into the capital improvement program. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None A motion was made by Bannister, seconded by Erskine, to transfer 1 1/2% utilities tax to the Capital Improvement Fund as the refuse collection fees are collected. Following discussion, the motion was withdrawn. (City Council/Redevelopment Agency) ACQUISITION OF PROPERTY & BUILDING AT 538 MAIN STREET — APPROVED — MUNICIPAL ARTS CENTER The City Clerk presented a communication from the Director of Community Ser— vices and the Deputy City Administrator/Redevelopment regarding the creation of a Cultural Center element in the Village District and the acquisition of the property and building at 538 Main Street for use as a Municipal Arts Center. The City Administrator stated he found it difficult to recommend the acquisi— tion of property for a Municipal Arts Center at this time in view of the need for funding for capital improvements in the City, including the municipal pier. He recommended the matter be deferred for staff review for thirty days. The Mayor reviewed some of the capital improvement projects needed in the City as recommended by staff during the adjourned regular meeting of July 18, 1988. Councilwoman Winchell suggested the option to purchase the building and land from the Edison Company be discussed at the August 1, 1988 Council meeting as the option was for thirty days. A motion was made by Bannister, seconded by Green, tion of the building at 538 Main Street (the appraised value of $758,000, all cash at close of ington Beach Municipal Arts Center; to authorize for the services of an architect to design the n( building for its use as a municipal art center, ani services for the Council's consideration; and to Operation Program for the facility. The motion ca call vote: to authorize the acquisi— Edison Building) for the escrow, to house the Hunt — staff to solicit proposals cessary alterations to the return a contract for such iirect staff to prepare an -ried by the following roll Page 8 - Council/Agency Minutes - July 18, 1988 AYES: Kelly, Green,.,Finley, Winchell; Bannister NOES: Erskine, Mays ABSENT: None Councilwoman Winchell stated her concern that the different architectures and historic projects in the downtown area mesh. She suggested that a consultant be hired to advise staff regarding the matter. Councilman Green left the room. (Redevelopment Agency) PUBLIC HEARING - CONTINUED OPEN TO 8/1/88 - ACQUISI- TION OF PROPERTY BY EMINENT DOMAIN - (CLARK HOTEL) CHI LLCUT/ SCHWARTZ - MAIN - PIER REDEVELOPMENT PROJECT AREA - AP #024-148-01 The Chairman announced that this was the day and hour set for public hearing to consider Resolution No. 155 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECES- SITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF THE PROPERTY BY EMINENT DOMAIN COMMONLY KNOWN AS (AP 024-148-01) 228 MAIN ST." A motion was made by Kelly, seconded by Mays, to continue the public hearing open to August .1, 1988 to consider Agency Resolution No. 155 pertaining to the acquisition of property by eminent domain (AP 024-148-01) 228 Main Street (Clark Hotel - Chilicut/Schwartz). The motion carried by the following roll call vote: AYES': Kelly, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: (Green out of the room) Councilman Green returned to the room. Councilman Bannister left the room. (City Council) PUBLIC HEARING - PLANNING COMMISSION DENIAL OF CODE AMENDMENT 87-15 PREVAILED - ELECTRONIC READER BOARDS - (ROD NILSON ELECTRA MEDIA/WILSON FORD The Mayor announced that this was the day and hour set for a public hearing continued open from March 28, 1988 on an appeal filed by Rod Wilson Electra Media on behalf of Wilson Ford to the Planning Commission's denial of Code Amendment #87-15 to amend Article 961 (Sign Code) of the Huntington Beach Ord- inance Code to allow electronic reader boards. The Planning Commission has reviewed a draft ordinance for the proposed electronic reader boards for City Council consideration. Note: The continued public hearings on the two Special Sign Permit appeals filed by Rod Wilson, Electra Media, are scheduled as follows: (SSP #87-19 on /8 l/88) and (SSP #87-19 on 8/15/88). Mike Adams, Planning Director, and Scott Hess, Associate Planner, presented slides of readerboard signs. Rick Evans, Gary Gray and Rod Wilson addressed Council and spoke in support of the Code Amendment 87-15 to allow electronic readerboard signs in the City. Jeff Lebow, Eric Weber and Roy Moosa addressed Council and spoke in opposition of Code Amendment 87-15 to allow electronic readerboard signs in the City. 117 Page 9 — Council/Agency Minutes — July 18, 1988 There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Following discussion, a motion was made by Winchell, seconded by Green, to n-Qt change the ordinance code to allow readerboard signs, with the following find— ings: Findings for Denial: 1. Since the Huntington Beach Ordinance Code, Section 961 (Sign Code) allows adequate opportunities for advertising through various types of signage, Code Amendment No. 87-15 to allow electronic reader board signs is not necessary for the preservation and enjoyment of substantial property rights. 2. Electronic reader board signs, if permitted by Code Amendment 87-15, will be incompatible with surrounding existing and proposed developments, especially residential land uses. 3. Electronic reader board signs, if permitted by Code Amendment No. 87-15, will have the potential of creating a congestion and circulation hazard to passing motorists. The motion failed by the following roll call vote: AYES: Green, Finley, Winchell NOES: Kelly, Erskine, Mays ABSENT: (Bannister out of the room) Mayor Erskine informed Council that Councilman Bannister left the room as he wished to abstain from voting on the issue. Since the motion failed Council took no action on Code Amendment No. 87-15 and the previous action of the Planning Commission denying said Code Amendment prevailed. The previous action of the Planning Commission was to deny Code Amendment No. 87-15. (City Council) PUBLIC HEARING — HILLCREST MISSIONARY BAPTIST CHURCH OVER— RULED PLANNING COMMISSION & APPROVED CUP 87-17 WITH AMENDED FINDINGS & CONDI— TIONS — UPHELD PLANNING COMMISSION AND DENIED CE (VARIANCE) 88-19 WITH AMENDED FINDINGS & CONDITIONS The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Sterling K. Hanakahi, on behalf of Hillcrest Mis— sionary Baptist Church, to the Planning Commission denial of Conditional Use Permit 87-17 and Conditional Exception (Variance) 88-19, a request to con— struct a 2—story church with variances for front setback of 5 feet in lieu of 10 feet; landscape planter width of 5 feet in lieu of 10 feet and joint use of parking with a proposed medical office building on an adjacent parcel. The subject property is located on the north side of Newman Avenue, approxi— mately 100 feet east of Van Buren Street in the OP (Office Professional Dis— trict). Page 10 - Council/Agency Minutes —July 18,.1988 The City Clerk announced that all legal requirements for notification, publi- cation and posting •had been met, and that she had received no communications or written protests to the matter. Scott Hess,:Associate Planner, presented a staff report. The Mayor declared the hearing open:. Larry Nye. representing Hi11crest Missionary Baptist Church, Michael Duran. architect for the proposed buildings, Oliver Ferguson; Sterling Hanakahi. Pastor and Mike Rainwater urged Council to grant the appeal and approve Condi- tional Use Permit No,. 87-17 and Conditional Exception (Variance) No. 88-19. Steve Hilton, Joanne Hilton, Craig Westbrook and Karyl Williams urged Council to uphold the Planning Commission and deny Conditional Use Permit No. 87-17 and Conditional, Exception (Variance) No. 88-19. There being no one present to speak further on the matter and there -being no further protests- filed,' either oral or written, the hearing was; closed by the Mayor. Discussion, was held between Council and staff. regarding why the Planning Com- mission minutes of June 7, 1988 were not included in the staff report. Dis- cussion was held regarding parking and ways to ensure that the Church building would be used only as a Church in the future. A motion was made by Mays, seconded by Erskine, overrule the Planning Commis- , sion and grant the appeal on Conditional Use Permit No. 87-17� and approve same with the findings and conditions of approval as set forth in the RCA dated July 18, 1988 (Attachment l) as,amended to provide that the reciprocal parking agreement be recorded, to direct staff to work with the applicant and bring back a modified design so the Church building will look more like a Church building, rather than an office building, and that- the City Attorney review the CC&R's and to add the condition that the Church shall always be used as a Church, and to uphold the Planning Commission, and, deny, Conditional Exception No. 88-19 with findings= as :set forth in the RCA °dated July 18•; 1988. The conditions and findings are as follows: Findings for Approval - Conditional Use Permit No •87-17: 1. The granting of Conditional.•Use Permit.No. 87-17 for church use will not adversely affect the General Plan of the City of Huntington Beach. 2. The establishment, maintenance and operation of the 6,868 sq. ft. church facility will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 3. The location, site layout, and design of the proposed church building properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner., 4. The combination and relationship of the church facility and the proposed medical office building on the adjacent site are property integrated. Page 11 - Council/Agency Minutes - July 18, 1988 5. The access to and parking for the proposed church building and the pro- posed medical office building on the adjacent site will not create an undue traffic problem since they will never be in use simultaneously, as agreed to in the CC&R's and Grants of Easement. Conditions of Approval - Conditional Use Permit No. 88-17: 1. The site plan, floor plans and elevations received and dated June 1, 1988, shall be the conceptually approved layout with the following modifications: a. The building on the site plan shall be revised to reflect a 10' front yard setback from Newman Avenue. b. The parking area landscape planter along Newman shall be increased to 10' in width. C. Main Assembly area on second floor shall not exceed 1,855 square feet. 2. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Community Devel- opment and Public Works for review and approval. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screen- ing of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. C. The architecture of the church buildings shall be reviewed and approved by the Design Review Board for individual church integrity. d. The Declaration of Establishment of Protective Covenants, Conditions and Restrictions and Grants of Easement shall be amended to reflect the approved days and hours of operation of the medical building and the church and that the church building will be used strictly for church purposes. Any change of the church use shall require Plan- ning Commission approval. This document must be approved by the City Attorney's Office and recorded with the County Recorder's Office. e. Joint Use of Parking Agreement which will assure the compliance of the approved days and hours of operation of the medical office building and the church on the two parcels shall be approved by the Department of Community Development and the City Attorney prior to recordation. Five (5) parking spaces shall be designated for admin- istrative church personnel during weekdays. 3. Prior to issuance of a certificate of occupancy, the applicant shall com- plete the following: a. Install entire parking area as depicted on site plan dated June 1, 1988. b. Construct all Public Works improvements as required. INS, Page 12 — Council/Agency Minutes — July 18, 1988 4. The church hours shall be restricted to: a. 6 a.m. to 9 p.m. on Saturday and Sunday. b. 6:30 p.m. to 9 p.m. Monday through Friday. 5. The total number of portable or fixed seats (if installed) shall not exceed 171 based on 57 available parking spaces for the main assembly, area. 6. On=site fire hydrant shall be provided at east property line as specified by the. Fire Department. 7. An automatic fire sprinkler system with combination standpipe system shall be approved and installed pursuant to Fire Department regulations. 8. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 9. Drive circulation shall be maintained from Van Buren to Newman through the parking lot with a minimum inside radius of 17 feet provided at the corner. 10. Driveway approaches shall be a minimum of twenty—seven feet (27') in width and shall be of radius type construction. 11. All building spoils, such as unusable lumber, wire, pipe; and other sur— plus or unusable material, shall be disposed of at an off —site facility equipped to handle them. 12. Low —volume heads shall be used on all spigots and water faucets. 13. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 14. If lighting is included in the parking lot, high—pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 15. All applicable Public Works fees shall be paid prior to issuance of building permits. 16. _ The development shall comply with all applicable provisions of the Ordi— nance Code, Building Division, and Fire Department. 17. A detailed soils analysis shall be prepared by a registered Soils Engi— neer. This analysis shall include on —site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grad— ing, chemical and fill properties, foundations,. retaining walls, streets, and utilities. 18. Landscaping shall comply with S. 9608 of the -Huntington Beach Ordinance Code. 19. The Planning Commission reserves the right to revoke this Conditional Use Permit if any violations of these conditions or the Huntington Beach Ord— inance Code occurs. Page 13 - Council/Agency Minutes - July 18, 1988 The motion carried by the following roll call vote: AYES: Kelly, Finley, Erskine, Mays, Winchell, Bannister NOES: Green ABSENT: None (City Council) PUBLIC HEARING - J H HEDRICK & CO - OVERRULED PLANNING COMMIS- SION & APPROVED ADMINISTRATIVE REVIEW 87-29 - UPHELD PLANNING COMMISSION & DENIED CONDITIONAL EXCEPTION (VARIANCE) 87-68 The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by J. H. Hedrick & Company to the Planning Commis- sion's denial of Administrative Review 87-29 and Conditional Exception (Vari- ance) 87-68, a request to construct a 3-story, 10,600 square foot medical office building with variances for an exterior sideyard setback of 5 feet in lieu of 10 feet, landscape planter width of 5 feet in lieu of 10 feet and joint use of parking with a proposed church on an adjacent parcel. The property is located at the northeast corner of Newman Avenue and Van Buren Street in the OP (Office Professional District) The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. The Mayor declared the hearing open. Joanne Hilton requested assurance that the Church would not be used during the day when the shared parking lot would be used by patients entering the medical building. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Mays, seconded by Erskine, to overrule the Planning Com- mission and approve Administrative Review 87-29 with findings and conditions as set forth in the RCA dated July 18, 1988 (Attachment 1) as amended and uphold the Planning Commission and deny Conditional Exception 87-68 with find- ings as set forth in the RCA dated July 18, 1988, as amended to provide that the reciprocal parking agreement be recorded, to direct staff to work with the applicant and bring back a modified design so the Church building will look more like a Church building, rather than an office building, and that the City Attorney review the CC&R's and to add the condition that the Church shall always be used as a Church, and to uphold the Planning Commission and deny Conditional Exception No. 87-68 with findings as set forth in the RCA dated July 18, 1988. The findings and conditions are as follows: Findings for Approval - Administrative Review No 87-29: I. The granting of Administrative Review No. 87-29 for construction of 10,317 sq. ft. medical office building will not adversely affect the Gen- eral Plan of the City of Huntington Beach. No Page 14 - Council/Agency Minutes - July 18, 1988 2. The establishment', maintenance and operation of 10;317 sq. ft. medical offi-ce building wi-11 not be detrimental to: a.., The general welfare of persons residing or working in the vicinity; b.., ;Pr..operty.and improvements, in.the vicinity of such use or building. 3. The location, site layout, and design of the proposed medical office building properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 4. The combination and relationship of the proposed medical office building and the proposed use on the adjacent site are properly integrated. 5. There will be no conflict in the operation hours and demands for the pro- posed 10,317 sq. ft. medical office building and the proposed church on the adjacent parcel and will not create an undue traffic problem since they will. never be in use simultaneously, as agreed to in the CC&R's and Grants.of Easement. Conditions of Approval 1. The site plan, floor plans and elevations dated May 27, 1988, shall be the conceptually approved layout subject to the following modifications: a. The building on the site plan shall be revised to reflect a 10 foot exterior sideyard setback from Newman Avenue. b. The parking area landscape; planter along Newman shall be increased to 10 feet in width. 2. Prior. to: issuance of building permits, the -applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Community Devel- opment and Public Works for review and approval. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screen- ing of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. C. The office building elevations shall be reviewed and approved by the Design Review Board for individual office integrity. design compati- bility with the proposed church to be located on the adjacent parcel. d. The Declaration of Establishment of,Protective Covenants, Conditions and Restrictions and Grants of Easement shall be amended to reflect the approved days and hours of operation of the medical building and the church and that the church building will be used strictly for church purposes. Any change of the church use shall require Plan- ning Commission approval. This document must be approved by the City Attorney's Office and recorded with the County Recorder's Office. f.. Page 15 - Council/Agency Minutes.- July 18, 1988 e. A Joint Use of Parking Agreement which will assure the compliance of the approved days and hours of operation of the medical office building and the church on the two parcels shall be approved by the Department of Community Development and the City Attorney prior to recordation. Five (5) parking spaces shall be designated for admin- istrative church personnel during weekdays. 3. Prior to issuance of a Certificate of Occupancy, the applicant shall com- plete the following: a. Install entire parking area as depicted on site plan dated May 27, 1988. b. Construct all Public Works improvement as required. 4. The medical office use shall be limited to hours between 6 a.m. to 6 p.m., Monday through Friday. Office uses beyond these hours shall be prohibited. These provisions shall be stated in all lease agreements with tenants. 5. Should the linear accelerator be removed, the floor area shall be restricted to storage use only. 6. One on -site fire hydrant shall be provided at east property line as specified by the Fire Department. 7. An automatic fire sprinkler system with combination standpipe system shall be approved and installed pursuant to Fire Department regulations. 8. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 9. Drive circulation shall be maintained from Van Buren to Newman through the parking lot with a minimum inside radius of 17 feet provided at corner. 10. Driveway approaches shall be a minimum of twenty-seven feet (27 feet) in width and shall be of radius type construction. 11. All building spoils, such as unusable lumber, wire, pipe, and other sur- plus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 12. Low -volume heads shall be used on all spigots and water faucets. 13. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 14. All applicable Public Works fees shall be paid prior to issuance of building permits. 15. The development shall comply with all applicable provisions of the Ordi- nance Code, Building Division, and Fire Department. Page 16 — Council/Agency Minutes — July 18, 1988 16. A detailed soils:ana,lysis shal,1.be prepared by a registered Soils Engi— neer. This analysis shall include on —site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grad— ing, chemical and fill properties, foundations, retaining walls, streets, and utilities. j 17. Landscaping shall comply with Section 9608 of the Huntington Beach Ordi— nance Code: . 18. The .Planning; Commission reserves the right to revoke this Administrative Review if any violations of these conditions or the Huntington Beach Ord— inance,.Code occurs. z The.motion carri.ed,,by the following roll call vote: AYES: Kelly,,Finley,• Erskine, Mays, Winchell, Bannister NOES: Green ABSENT: None (City Council) PUBLIC .HEARING — CONTINUED OPEN TO 8/1/88 — ACOUISITION OF PROPERTY BY EMINENT DOMAIN — (DiSTEFANO) — MUSHROOM FARM PHASE III — RESOLU— TION OF NECESSITY - AP #111-071-32 The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering a resolution of necessity to acquire property by eminent domain AP #111-071-32 (DiStefano) located at 18196 Goldenwest Street in the Mushroom Farm Phase III area. The Mayor stated that this item was, a noticed hearing.and-only those property owners -or their representatives, who have ,filed a timely request with the City Clerk shall be allowed to speak. He stated that the noticed hearing relates solely to the issues of: the public interest and necessity; the greatest pub— lic good and least private injury; necessity for the proposed project; and the public use for which the property is to be taken. The Mayor informed Council that compensation should not be part of the consideration as the question of compensation is for the.courts to ultimately decide at a later date. The Mayor opened the hearing. Y A motion was made by Erskine, seconded by Mays, to continue the public hearing open to August 1, 1988 to consider a resolution of necessity to acquire prop— erty by eminent domain.AP #111-071732 (DiStefano) located .at 18196 Goldenwest Street in the Mushroom Farm Phase III area., The motion carried by the follow— ing roll call vote: AYES: Kelly, Green,. Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) PUBLIC HEARING — CONTINUED OPEN TO 8/1/88 — REVISIONS TO FEES/FINES/PERMITS FOR FISCAL YEAR 1988-89 — RESOLUTION NO 5902 j I The Mayor announced that this was the day and hour set for a public hearing to 1 consider proposed revisions to the City's Comprehensive Fee Schedule for FY Page 17 - Council/Agency Minutes - July 18, 1988 1988-89 which reflects new fees and all changes in fees charged to the public for city services, facilities and activities. Proposed revisions are on file for review in the City Clerk's Office. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. The City Clerk presented Resolution No. 5902 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESO- LUTION NO. 5159 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE." - (Supplemental Fee Reso- lution No. 23) The Mayor declared the hearing open. A motion was made by Erskine, seconded by Mays, to continue the public hearing open to August 1, 1988 to consider Resolution No. 5902 pertaining to pro- posed revisions to the City's Comprehensive Fee Schedule for FY 1988-89. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None ORDINANCE NO 2948 - ADOPTED - WATER RATE MODIFICATIONS The City Clerk presented Ordinance No. 2948 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS 14.12.040, 14.12.050 AND 14.12.070 OF THE HUNTINGTON BEACH MUNICIPAL CODE REFERRING TO FEES, RATES AND DEPOSITS." On motion by Erskine, second Kelly, Council adopted Ordinance No. 2948, after reading by title, by the following roll call vote: AYES:. Kelly, Green, Finley, Erskine, Mays, Winchell NOES: Bannister ABSENT: None (City Council) ORDINANCE NO 2950 - ADOPTED - ZONE CHANGE NO 88-10 - DELA- WARE/FRANKFORT The City Clerk presented Ordinance No. 2950 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH ORDINANCE CODE SECTION 9061 TO CHANGE PROPERTY GENERALLY LOCATED AT SOUTHWEST CORNER OF DELAWARE STREET AND FRANKFORT AVENUE (DISTRICT MAP 12) FROM NEIGHBORHOOD COM- MERCIAL - COASTAL ZONE TO OLDTOWN SPECIFIC PLAN DISTRICT ONE - COASTAL ZONE - (ZONE CHANGE NO. 88-10)." On motion by Mays, second Erskine, Council adopted Ordinance No. 2950, after reading by title, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Page 18 - Council/Agency Minutes - July 18, 1988 (City Council) ORDINANCE NO 2951 - ADOPTED - PROHIBITING DOCKING OF ANY VESSEL WITHOUT CONSENT OF OWNER The City Clerk presented Ordinance No. 2951 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.36 OF THE HUNT- INGTON BEACH MUNICIPAL CODE BY ADDING SECTION 13.36.170 PROHIBITING DOCKING OF ANY VESSEL WITHOUT CONSENT OF OWNER." On motion by Mays, second Erskine, Council adopted Ordinance No. 2951, after reading by title, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) ENFORCEMENT OF CODE RELATED TO PARKING RV'S (BUSES) Councilman Mays stated his concern regarding parking of recreation vehicles and buses in residential neighborhoods. He requested that the code pertaining to parking the buses be enforced. (City Council) COUNCIL PENDING FILE.. Mayor Erskine requested staff to establish a Council pending file similar to the one.used.by the Planning Commission. (City Council) DOWNTOWN STREET LIGHTING The Mayor referred to a communication he received from Carol Herd regarding the need to repair the street tlights on Huntington Street. The Acting Director of Public Works presented a verbal staff report. ADJOURNMENT Mayor Erskine adjourned the regular meeting of the City Council of the City of Huntington Beach. City Clerk and ex-officio erk of the City Council of the City ATTEST: of Huntingt Beach Ca ifornia City Clerk r 11