HomeMy WebLinkAbout1991-03-04 (7)MINUTES
CITY COUNCILIREDEVELOPMENT AGENCY
Room B-8, Civic Center
Huntington Beach, California
Monday, March 4, 1991
A tape recording of this meeting is
on file in the City Clerk's Office.
Mayor Green called the adjourned regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m.
ROLL CALL
PRESENT: MacAllister, Winchell, Silva, Green, Kelly, Robitaille,
Moulton —Patterson arrived at 5:35 p.m.
ABSENT: None
STUDY SESSION — SINGLE ROQM_-OCCUPANCY HOUSING QMCEPT
Scott Hess, Senior Planner, displayed a chart and reported on the '89—'94
Household Needs by income group.
Wayne Carvalho, Planning Aide. distributed a Single Room Occupancy Information
Packet to Council and staff. He reported on SRO Product Types using a chart.
Discussion was held between Council and staff regarding cost, management fees,
projected density, maintenance, and security.
The City Administrator stated an additional study session on the Affordable
housing program was needed to answer Council's questions.
STUDY SESSION — AFFORDABLE HOUSING PROGRAM
Barbara Kaiser, Deputy City Administrator/Economic Development, stated she
would like to develop a document that would be a plan outlining the legal
requirements of affordable housing, what the implications are if those
requirements are not met, status of city currently, housing element, and to
recommend a list of 20 options in order to narrow it down to the feasible ones
for the city to implement.
Pat Spencer, Director of Housing & Redevelopment, reported on completed and
proposed projects.
7 PH COUNCIL AGENDA CHANGED
Mayor Green stated the agenda order would be changed so the item pertaining to
the appeal of Planning Commission approval of Conditional Use Permit No. 90-39
with special permits (Mixed Use Commercial/Residential/Parking Project) could
be heard before the public hearing on Draft Negative Declaration 90-41,
Newcomb —Tillotson Development Agreement.
Page 2 - Council/Agency Minutes - 3/4/91
CLOSED SESSION
The Mayor called a Closed Session of the City Council pursuant to Government
Code Section 54957.6 to meet with its designated representatives regarding
Labor Relations Matters - Meet & Confer. (120.80) 1
The Mayor called a Closed Session of the City Council pursuant to Government
Code Section 54956.9(a) to confer with its attorney regarding pending
litigation - City of Huntington Beach vs Southern California Gas Company -
OCSCC 60-79-84. (120.80)
E-2.Mty-Council) DISCUSSION HELD RE: TRANSFER OF OOUNCIL AUTHORITY TO
ADOPT AND AMEND THE CITY CLASSIFICATION PLAN - RESOLUT10N NO. 6249 (700.20)
The City Attorney stated her recommendation that the Amendment to the City's
Classificatalon Plan be deferred in order to amend the resolution.
Councilmember MacAllister requested clarification of the City Charter as it
pertains to this subject.
D-3.(City Council) DISCUSSION HELD RE: PUBLIC HEARIn - APPFAL OF PLANNIN
COMMISSION'S DENIAL OF SPECIAL SIGN PERMIT NO. 90-IO/SPECIAL SIGN PERMIT NO.
89-4(R) AND PLANNED SIGN PROGRAM NO. 89-3(R) (AUTOPLEVEL EQLLO Loco CENTER)
BEACHNORKTOWN (420.35)
In answer to Councilmember Silva's inquiry, the City Clerk stated the hearing
could not be held due to address labels from 1989-1990 assessor rolls being
provided to her office rather than 1990-1991 assessor rolls. I
F-1-(City Council) DISCUSSION HELD RE: WATER MANAGEMENT PROG
The City Administrator stated a 15-30 minute presentation would be given at
the 7 p.m. Council meeting regarding the Water Management Program.
ADJOURNMENT - COUNCIUREDIEVELOPMENT AGEN
Mayor Green adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to 7 p.m., Monday,
March 4, 1991, Council Chamber.
ATTEST:
City Clerk/Clerk
Clerk of the Redevelopment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntington Beach, California
Mayor/Chairman
I MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, March 4, 1991
A videotape recording of this meeting is
on file in the City Clerk's Office.
Mayor Green cal I ed the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 7 p.m.
ROLL CALL
PRESENT: MacAllister, Winchell, Silva, Green, Kelly, Robitaille,
Moulton —Patterson
ABSENT: None
FLAG CEREMONY AND INVOCATION
The Flag Ceremony was conducted by Junior Girl Scout Troop 458 from Haven View
School, Co —Leaders are Debbie Lundquist and Roxanne Purzycki.
PR9CLAMATION — OLDER WORKER WEEK — MARCH 10=16
The Mayor presented a proclamation designating March 10-16, 1991, as "Older
Worker Week" to Arturo Vasquez. representing Human Relations Commission,
County of Orange.
PRESENIATION — GIRL SCOUT WEEK — MAROL-1.0-116, 1991,
The Mayor presented a proclamation designating March 10-16, 1991, as Girl
Scout Week in Huntington Beach to Carolyn H. Hunt, Community Relations
Chairman, Huntington Beach Girl Scouts.
PUBLIC COMMENTS
Dr. Holly Hartman spoke regarding handbill regulation enforcement. She
requested the city to educate merchants and residents, to acknowledge cit'izen
complaints, and to prosecute offenders. She distributed a letter to Council
dated March 1, 1911*
The City Administrator stated he would report back to Council after investi—
gating the possibility of the handbill ordinance enforcement.
Page 2 — Council/Agency Minutes — 3/4/91
Allan Leftbur distributed a letter to Council and spoke in opposition to the
raised playing fee at Meadowlark Golf Course.
Steve Reuter spoke in opposition to alcoholic sponsorship for activities on
the beach.
Ron Hagan, Community Services Director, stated the issue of promoting
advertising of alcoholic beverages on the beach would be before Council
March 18, 1991.
Dave Sullivan, representing Huntington Beach Tomorrow, spoke in opposition to
the proposed telephone utility tax.
Dianne Easterling requested a change -of agenda order so that the item
pertaining to the appeal of Planning Commission approval of Conditional Use
Permit No. 90-39 with special permits (Mixed Use Commercial/Residenti.al/Park-
ing Project) could be heard before the public hearing on Draft Negative
Declaration 90-41, Newcomb -Tillotson Development Agreement.
Mayor Green stated the agenda order would be changed to hear the appeal before
the public hearing.
�ohn Steinberg asked Council if the water user fee would be increased.
The City Administrator stated the water user fee would be discussed April 8,
1991.
AGENDA ORDER CHANGE
Mayor Green stated the agenda order would be changed so that the item
pertaining to the appeal of Planning Commission approval of Conditional Use
Permit No. 90-39 with special permits (Mixed Use Commercial/Residential/Park-
ing Project) would be heard before the public hearing on Draft Negative
Declaration 90-41, Newcomb -Tillotson Development Agreement.
Councilmembers MacAllister and Kelly stated they would be abstaining from the
items pertaining to the Newcomb -Tillotson Development Agreement due to a
conflict of interest.
CONEORMANCE NO. 90-9 - APPROVED ---(NIXED USE C"ERCIAL/ RESIDENTIAL/ PA
PROJECT) - MAIN/OLIVE/FIFTH/ORANGE (420.40)
The Mayor announced that this was the day and hour set for a public hearing to
consider
APPLICATION NUMBER: Conditional Use Permit No. 90-39 with Special Permits,
Coastal Development Permit No. 90-30, Tentative Tract Map No. 14352, Negative
Declaration 90-41 and General Plan Conformance No. 90-9
APPLICANT: Redevelopment Agency/Newcomb-Tillotson Development
APPELLARI: James Koller
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Page 3 - Council/Agency Minutes - 3/4/91
LOCATION: Full block bounded by Main Street, Olive Avenue, Fifth Street, and
Orange Avenue
ZONE: Downtown Specific Plan District 5 (Mixed Use-Commercial/Office/Residen-
tial)
REQUES Appeal of Planning Commission's approval of a Mixed Use development
consisting of 9,500 sq. ft. market, 9,500 sq. ft. of retail area, 8,000 sq.
ft. of office area, 68 residential condominiums, and a 200 space city parking
structure, plus project -related parking and open plazas.
ENVIRONMENTAL STATUS: Covered by Negative Declaration No. 90-41, which the
Council will also consider.
COASTAL STATUS: Non -appealable
Councilmembers MacAllister and Kelly stated they would not be participating in
the Council vote on the item pertaining to Appeal of Planning Commission
approval of Conditional Use Permit No. 90-39 with special permits due to a
conflict of interest.
Legal notice as provided to the City Clerk's Office by staff had been mailed,
published, and posted. No communications or written protests were received on
the matter.
Howard Zelefsky, Planning Director, presented a staff report.
The Mayor declared the public hearing open,
Jim Koll_gr, appellant, spoke regarding appraisals of his property, appraisals
of surrounding properties, and negotiations with the city. He stated he
believed the city was offering the lowest amount for his property.
John Newcomb, applicant, spoke in support of the project and stated he was
present to answer any questions.
Doug Langevin spoke in support of the appeal of James Koller.
Bob Bolen spoke in opposition of the project and that the project had been
changed so much since the Request for Proposal that he had not had a chance to
review it. He pointed out the location of his property on the slide.
Barry Ro5s, attorney representing James Koller and Dr. Laura Guarano, stated
his clients were in opposition to the Disposition and Development Agreement,
Conditional Use Permit No. 90-39, Conditional Development Permit No. 90-30,
Tentative Tract Map No. 14352, Negative Declaration No. 90-41 and General Plan
Conformance No. 90-9. He distributed a letter dated March 4, 1991 to Council.
Uri Gati spoke in support of the project. He stated the project had gone
through the city process to get to this point and requested Council go approve
the project.
Bob Mandic stated he believed the city should postpone any project approval
and should keep the property in case a greater need arose, i.e. transportation
center. He inquired as to the possibility of tanks not being removed from the
property due to the property being used previously for gas stations.
Kl-&us Goedecke spoke in support of the project and urged Council to approve it.
Page 4 — Council/Agency Minutes — 3/4/91
Ron Dreyer, realtor in Huntington Beach, spoke in opposition of the process by
which the city does business with the developer. He stated that if the
property is used for this type of project, he believed the land should be sold
and private enterprise should develop the land.
Art Aviles, representative of the Huntington Beach Chamber of Commerce Board
of Directors, stated he believed projects must continue forward to provide
revenue for the city. He urged Council to approve the project.
Bob Remer, Coldwell Banker Commercial Real Estate in Newport Beach, stated he
had done a demographic study for the feasibility of a 10,000 square foot
market and that he believed the site was suitable. He spoke in support of the
project. He stated he believed the planned parking was adequate also.
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.
Barbara Kaiser, Deputy City Administrator/Economic Development, reported on
the Request for Proposals received for the project and the changes that had
been made in the Request for Proposal during negotiations and review of the
proj ect.
The City Attorney stated that the notice was I awful She answered other
questions by Council regarding legal issues.
The City Clerk clarified the notification procedure at the Council level for
the condominium residents.
Discussion was held between Council and staff.
In answer to Councilmember Moulton—Patterson's inquiry, Bob Remer stated what
markets had been interested in the project.
A motion was made by Silva, seconded by Green, to approve Negative Declaration
No. 90-41, Coastal Development Permit No. 90-30, Conditional Use Permit
No. 90-39 with Special Permits as modified by the applicant. Tentative Tract
Map 14352, and General Plan Conformance 90-9 with the following Findings and
Conditions of Approval: (The Council vote of approval is on Page 13.)
Findings for Approval General Plan Conformance 90-9:
I Conveying the subject parcels to the City's Redevelopment Agency to allow
for Mixed Use —Commercial /Residential development is consistent with the
goals and policies of the Land Use Element. These include:
3.4.2.5 Housing — To provide and maintain a quality living environment so
that members of all economic, social, and ethnic groups may reside in
Huntington Beach by providing a variety of housing types in all areas of
the Ci ty.
3.4.2.7 ResUeanti-ad Development — To encourage and maintain a well
balanced variety of residential densities and uncrowded living environ—
ments by encouraging rational use of land and other natural resources.
3.4.2.8 Commercial DQvelopment and Togrism — To ensure commercial
development that is economically viable, attractive, well related to
other land uses, and satisfies the needs of the City's residents.
Page 5 - Council/Agency Minutes - 3/4/91
To promote the development of services and facilities necessary to
support a tourist industry by:
1. Encouraging planned commercial development that will coincide with
residential growth.
2. Continuing to diversify the economic base of the City and increasing
the tax base.
3. Promoting the revitalization of the Downtown area.
2. Conveyance of property to the City's Redevelopment Agency for the purpose
of Mixed Use-Commercial/Residential Development is consistent with the
goals and policies of the Housing Element. These include:
3�3. 3. 1 Policies - To ensure adequate provision of housing for all
economic segments of the Community, the City of Huntington Beach shall:
3. Encourage mixed -use projects containing residential and
non-residential uses which can take advantage of shared land costs
to reduce the costs of land for residential uses.
6. Undertake economically feasible, programs to provide housing through-
out the community to meet the needs of low and moderate income
households.
10. Encourage the provision and continued availability of a range of
housing types throughout the community, with variety in the number
of rooms and level of amenities.
Findings for Approval - Coastal Development Permit No. 90-
IQ:
1. The proposed mixed use development conforms with the plans, policies,
requirements and standards of the Huntington Beach Coastal Element of the
General PI an, because it provides for varied commercial facilities,
affordable housing and adequate parking in the Coastal Zone.
2. Coastal Development Permit No. 90-30 is consistent with the CZ (Coastal
Zone) suffix, and the Downtown Specific Plan District 5.
3. At the time of occupancy, the proposed mixed use development can be
provided with infrastructure in a manner that is consistent with the
Huntington Beach Coastal Element and Coastal Land Use Plan of the General
Pl an.
4. The proposed mixed use development conforms with the public access and
public recreation policies of Chapter 3 of the California Coastal Act.
Findingi fgr Approval-- Conditional U5e Permit No. 90-39:
1 , The location, site layout, And design of the proposed mixed use develop-
ment properly adapts the proposed structures to streets, driveways, and
other adjacent structures and uses in a harmonious manner.
2. The combination and relationship of one proposed to another on the site
are properly integrated, The residential parking and access are properly
secured, and the units are vertically separated from the commercial
portion.
Page 6 - Council/Agency Minutes - 3/4/91
3. The access to and parking for the proposed mixed use development does not
create an undue traffic problem. Adequate on -site parking is provided,
and surrounding streets have capacity to accommodate the demand generated.
4. The development conforms with the provisions contained in the Downtown
Specific Plan. With implementation of the project, the balance of
commercial to residential square footage in District 5 will balance at a
1 : I ratio.
Findings for Approval - Special Permit:
I. The following special permit promotes a better living environment by
adapting the Downtown Specific Plan requirements to better suit the
proposed mixed use development:
a. To allow up to 15% ramp slopes in the parking structure.
2. The requested deviation for ramp slopes in the parking structure is
acceptable because:
a. A traffic study prepared by a traffic engineer has shown that the
request will have no adverse impacts.
b. The deviation will result in a more efficient circulation pattern
and parking layout.
C. The deviation will not adversely affect the circulation and safety
of the site, structure, use, or adjacent use.
d. The deviation will enhance the general appearance of the development
and its surroundings.
3. The proposed project provides the following benefits which offset the
proposed deviation from code:
a. Public open space in excess of that required by code.
4. The proposal complies with the Coastal Element and the California Coastal
Act because it provides for increased parking, affordable housing, and
varied commercial opportunities within the Coastal Zone.
5. The proposal does not conflict with State or Federal Law.
Findings for Approval - Tentative Tract No. 14352:
1. The size, depth, frontage, street width, and other design features of the
proposed subdivision for 11 lots are in compliance with the standard
plans and specifications on file with the City as well as in compliance
with the State Subdivision Map Act and the supplemental City Subdivision
Ordinance.
2. The property was previously studied for this intensity of land use at the
time that the General Plan designation of mix use and the Downtown
Specific Plan District 5 zoning were implemented.
3. The General Plan has set forth provisions for mixed development as well
as setting forth objectives for the implementation of this type of use.
I
I
Page 7 - Council/Agency Minutes - 3/4/91
4. The site is relatively flat and physically suitable for the proposed
mixed use project.
5. Tentative Tract No. 14352 for a mixed commercial /residential development
is consistent with the goals and policies of the Huntington Beach General
Plan, because it implements existing land use designation, and provides
for affordable housing.
Suggested Conditions of Approval:
1. The applicant's revised proposal, as presented to the City Council on
March 4. 1991, shall be the conceptually approved layout. The applicant
shall work with Staff to ensure that the plans meet all standards of the
Downtown Specific Plan. The following shall be incorporated in the plans:
a. All required upper story setbacks
b. Bicycle racks
C. Public restrooms
d A shopping cart storage area, either inside the market or outdoors,
screened with landscaping or by other method approved by the
Planning Director.
Conditions of Apgroval
2. Prior to submittal for building permits, the applicant/owner shall
complete the following:
a. Submit three copies of the site plan to the Planning Division for
addressing purposes.
b. Depict all utility apparatus, such as but not limited to backflow
devices and Edison transformers, on the site plan. They shal 1 be
properly screened by landscaping or other method as approved by the
Community Development Director.
C. Natural gas shall be stubbed in at the locations of water heaters
cooking facilities and clothes dryers, and 220v electrical shall be
stubbed in at clothes dryer locations. This requirement may be
modified provided that the applicant will install more overall
energy efficient alternatives subject to the review and approval of
the Director of Community Development. Low volume heads shall be
used on all spigots and water faucets.
d. If foil -type insulation is to be used, a fire retardant type shall
be installed as approved by the Building Department and indicated on
the floor plans.
e The structures on the subject property, whether attached or
detached, shall be constructed in compliance with the State
acoustical standards set forth for units that lie within the 60 CNEL
contours of the property. Evidence of compliance shall consist of
submittal of an acoustical analysis report, prepared under the
supervision of a person experienced in the field of acoustical
engineering, with the application for building permit(s).
Page 8 - Council/Agency Minutes - 3/4/91
f Elevations shall depict colors and building materials as approved by
the Design Review Board (see condition 1J).
g All rooftop mechanical equipment shall be screened from any view.
Said screening shall be architecturally compatible with the building
in terms of materials and colors. If screening is not designed
specifically into the building, a rooftop mechanical equipment plan
must be submitted showing screening and must be approved.
h. If outdoor lighting is, included, energy savings lamps shall be
used. All outside lighting shall be directed to prevent "spillage"
onto adjacent properties and rights -of -way and shall be noted on the
site plan and elevations. .
i. A detailed soils analysis shall be prepared by a registered Soils
Engineer. This analysis shall include on -site soil sampling and
laboratory testing of materials to provide detailed recommendations
regarding grading, chemical and fill properties, foundations,
retaining walls, streets. and utilities.
j. The Design Review Board shall review and approve the final building
form as approved by Planning Commission and/or City Council.
k. An engineering geologist shall be engaged to submit a report indi-
cating the ground surface acceleration from earth movement for the
subject property. All structures within this development shall be
constructed in compliance with the g-factors as indicated by thif
geologist's report.
Calculations for footings and structural members to withstand anti-
cipated g-factors shall be submitted to the City for review prior to
the issuance of building permits.
1. The site plan (or reference page) shall include all conditions of
approval imposed on the project printed verbatim.
3. Prior to issuance of building permits, the applicant/owner shall complete
the following:
a. Submit copy of the revised site plan, floor plans and elevations
pursuant to Condition No. I for review and approval and inclusion in
the entitlement file.
b. A Landscape Construction Set must be submitted to the Departments of
Community Development and Public Works and must be approved. The
Landscape Construction Set shall include a landscape plan prepared
and signed by a State Licensed Landscape Architect and which
includes all proposed/existing plant materials (location, type,
size, quantity), an irrigation plan, a grading plan, an approved
site plan, and a copy of the entitlement conditions of approval.
The landscape plans shall be in conformance with
Section 9608 and the Downtown Specific Plan and Design Guidelines of
the Huntington Beach Ordinance Code, and shall incorporate drought
tolerant plants and turf. The set must be approved by both
departments prior to issuance of building permits. I
Page 9 - Council/Agency Minutes - 3/4/91
C A grading plan shall be submitted to the Department of Public Works
for review and it must be approved (by issuance of a grading
permi t1 , A plan for silt control for all water runoff from the
property during construction and initial operation of the project
may be required if deemed necessary by the Director of Public Works.
d. Hydrology and hydraulic studies shall be submitted for Public Works
approval.
e. All applicable Public Works fees shall be paid.
f. An interim parking and/or building materials storage plan shall be
submitted to the Department of Community Development to assure
adequate parking is available for employees, customers, contractors,
etc., during the project's construction phase.
g. Prior to issuance of building permits the applicant shall submit for
review and approval by the Director of Community Development a
system designed to transport groceries from the market to the lower
levels of the parking structure.
4. Fire Department Requirements are as follows:
a An automatic fire sprinkler system shall be approved and installed
pursuant to Fire Department regulations.
b. A Class III wet standpipe system (combination) will be installed to
comply with Huntington Beach Fire Department and Uniform Building
Code Standards.
C. A fire alarm system will be installed to comply with Huntington
Beach Fire Department and Uniform Fire Code Standards. The system
shall provide manual pulls, waterflow, valve tamper and trouble
detection, 24 hour supervision, smoke detectors, annunciation,
audible alarms, and graphic display.
d. Five fire hydrants shall be installed prior to combustible
construction.
e. The applicant shall meet all applicable local, State and Federal
Fire Codes, Ordinances, and standards.
f. Fire extinguishers will be installed and located in areas to comply
with Huntington Beach Fire Code Standards.
g. Elevators will be sized to accommodate an ambulance gurney. Minimum
6 foot 8 inches wide by 4 foot 3 inches deep with minimum 42 inch
opening.
h. Security gates will be designed to comply with Huntington Beach Fire
Department Standard No. 403.
i. Address numbers will be installed to comply with Huntington Beach
Fire Code standards.
Submit to the Fire Department for approval a Fire Protection Plan
containing requirements of Fire Department Specification No. 426.
Page 10 7 Council/Agency Minutes - 314191
k. Water supply shall be capable of supplying 4000 gpm above domestic
for the needed fire flow.
5. The development shall comply with all applicable provisions of the
Ordinance Code, Building Division, and Fire Department.
6. All building spoils, such as unusable lumber, wire, pipe, and other
surplus or unusable material, shall be disposed of at an off -site
facility equipped to handle them.
7. Installation of required landscaping and irrigation systems shall be
completed prior to final inspection.
8. The public plazas shall incorporate 30% landscaped area, public seating,
and a visual feature such as a sculpture, fountain, information kiosk, or
similar amenity. These items shall be included on the landscape plans
and shall be reviewed by the Design Review Board.
9. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles
travel to keep damp enough to prevent dust raised when leaving the
si te;
b. Wet down areas in the late morning and after work is completed for
the day;
C. Use low sulfur fuel (.05% by weight) for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high
ozone days (first stage smog alerts);
e. Discontinue construction during second stage smog alerts.
10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM.
Construction shall be prohibited Sundays and Federal holidays.
11. If foil -type insulation is to be used, a fire retardant type shall be
installed as approved by the Building Department.
12. Information on equipment or facilities which may generate air pollutants
shall be submitted to the South Coast Air Quality Management District
staff for their review prior to the issuance of a Certificate Of
Occupancy for any use within the building.
13. Should any abandoned oil wells or tanks be encountered, the Fire Depart-
ment shall be notified and current standards met as required by Article
15 of the Huntington Beach Ordinance Code. Any abandonment of existing
wells must be to current standards as well.
14. An on -site qualified archaeologist should monitor all initial grading and
excavation activities.
15. Should any cultural materials be encountered during the initial site
survey or during grading and excavation activities, all activity shall
cease and the archaeologist shall determine the appropriate course of
action.
Page 11 - Council/Agency Minutes - 3/4/91
16. Should any human bone be encountered during any construction activities
on the site, the archaeologist shall contact the coroner pursuant to
S ection 5097.98 and 5097.99 of the Public Resources Code relative to
Native American Remains. Should the coroner determine the human remains
to be Native American, the Native American. Heritage Commission shall be
contacted pursuant to State Law SB 297.
17. Prior to Initiation of construction, police and fire departments shall be
notified and the departments shall be kept informed about duration and
extent of construction throughout the process.
18. Public Works Department shall provide alternate routes for traffic during
the construction phase, if necessary. Adequate signage shall be provided
to warn motor vehicles, bicyclists and pedestrians of construction.
19. Should the proposed market b6 converted to.retail, restaurant. office, or
other use, the floor plans and operation shall be reviewed and approved
by the Director of Community Development prior to issuance of Certifi-
cates of Occupancy.
20. This conditional use permit shall become null and void unless exercised
within one (1) year of the date of final approval, or such extension of
time as may be granted by the Planning Commission pursuant to a written
request submitted to the Planning Department a minimum 30 days prior to
the expiration date.
21. Prior to occupancy. the Final Tract Map shall be accepted by the City
Council, recorded with the Orange County Recorder and a copy filed with
the Department of Community Development.
22. A planned sign program shall be submitted for all signing and shall be
reviewed by the Design Review Board. Said program shall be approved
prior to the first sign request.
23. Prior to occupancy, the applicant shall submit a Parking Management Plan
to the Director of Community Development for review and approval. The
plan shall include provisions for employee parking, fees, validation
plan, provisions to allow for 18 spaces designated for Townsquare, and
loading/unloading spaces for grocery store patrons.
24. Prior to issuance of building permits the applicant shall submit an
affordable housing plan to the Director of Community Development for
review and approval. The plan shall provide for 20% of the residential
units to be affordable to families of low -moderate income, and shall
identify the type and location of the units to be so designated. The
units shall be evenly distributed throughout the project.
Conditions of Approval - Tentative Tract 14352:
1. The tentative tract map received and dated September 13, 1990, shall be
the approved layout.
2. The Public Works Department requirements are as follows:
a. Developer shall be required to install the following water
improvements:
1. 12 inch PVC water main in Main Street from Orange Avenue to the
existing PVC main in Olive Avenue.
Page 12 - Council/Agency Minutes - 3/4/91
2. 8 Inch PVC water main in Olive Avenue from Main Street to Fifth
Street.
3. 8 inch PVC water main In Fifth Street from Olive Avenue to
Orange Avenue.
b. Developer is responsible for abandoning the existing 8 inch water
main in the alley.
C. Developer shall submit water system hydraulic calculations to ensure
system adequacy and line sizing.
d. Developer is responsible for payment of any fees adopted in the
Water Division Financial Master Plan.
e Developer shall submit water improvement plans for approval by the
Water Division showing all services, fire hydrants, fire services,
and backflow devices on a separate utility plan.
f. The developer shall be responsible for the payment of Traffic Impact
fees at the time building permits are issued.
g. Full public works improvements are required to the centerlines of
Fifth Street, Main Street, Olive Avenue and Orange Avenue.
h.
Drainage flows
from adjacent properties shall not be obstructed.
Flows shall be
accommodated per Public Works requirements.
I.
A sewer study
shall be submitted for Public Works Department
approval. The
developer shall design and construct the on -site and
off -site sidwer
system required to serve the development.
J.
All vehicular
access rights to Fifth Street, Main Street, Orange
Avenue, and Olive
Avenue shall be released and relinquished to the
City except at
locations approved by the Planning Commission.
k.
The alley shall
be vacated on the Tract Map. In addition, the
developer shall
dedicate the following for street purposes:
1. Two and one half (2 112) feet off Orange Avenue.
2. Four (4) feet off Main Street
3. Twenty (20) foot radius at the corner Fifth and Orange.
4. Twenty (20) foot radius at the corner of Fifth and Olive.
1. Orange Avenue exit shall be right turn out only.
3. At least 60 days prior to recordation of the final tract map, CC&R's
shall be submitted to and approved by the City Attorney and the
Department of Community Development. The CC&R's shall reflect the common
driveway access easements, and maintenance of all walls and common
landscape areas by the Homeowners' Association. I
Page 13 - Council/Agency Minutes - 3/4/91
The motion carried by the following roll call vote:
AYES: Winchell, Silva, Green, Robitaille, Moulton -Patterson
NOES: None
ABSTAIN: MacAllister, Kelly
ABSENT: None
(City Counci I /Redevelopment Agency) PUBLIC HEARING - DISPOSITION AND
DEVELOPMENT AGREERENT - APPROVED AS MODIFIED - DRAFT NEGATIVE DECLARAT10N
90-41 - RES NO-625-1 - ADOPTED - AGENCY RES NO 211 ADOPTED -
NEWMB-TILLOTSON DEVELOPMENT -AGREEMENT - THIRD BLOCK WEST MAIN -PIER
REDEVELOPMENT PROJECT AR (600-30)
The Mayor announced that this was the day and hour set for a public hearing to
consider joint public hearing approval of Draft Negative Declaration and
Disposition and Development Agreement between the Redevelopment Agency and
Newcomb -Tillotson Development Company for the project commonly known as "Third
Block West" bounded by Main Street, Olive Avenue, 5th Street and Orange Avenue
within the Main -Pier Redevelopment Project Area.
Legal notice as provided to the City Clerk's Office by staff had been
published, and posted. No communications or written protests were received on
the matter.
Councilmembers MacAllister and Kelly stated they would not be participating in
the Council vote on the item pertaining to the Public Hearing, Disposition and
Yevelopment Agreement, Draft Negative Declaration 90-41 due to a conflict of
interest. I
The City Clerk presented Council Resolution No. 6251 for Council approval -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONSENTING
TO THE APPROVAL OF A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND NEWCOMB-TILLOTSON
DEVELOPMENT COMPANY AND MAKING OTHER FINDINGS."
The Clerk presented Agency Resolution No. 211 for Council approval - "A
RESOLUTION OF THE REDEVELOPMENT. AGENCY OF THE CITY OF HUNTINGTON BEACH APPROV-
ING THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY
OF THE CITY OF HUNTINGTON BEACH AND NENCOMB-TILLOTSON DEVELOPMENT COMPANY AND
MAKING OTHER FINDINGS.-'
Barbara Kaiser, Deputy City Administrator/Economic Development, presented a
staff report.
The Mayor declared the public hearing open.
Gaurano Lauro addressed Council and stated he believed his rights as a
property owner had been overlooked. He requested that negotiations be tabled
until the options that the Agency and developer had presented could be
considered.
Jim Koller read the offer from the Redevelopment Agency for property trade.
He presented an oral proposal for property exchange with the city.
Barbara Kaiser, Deputy City Administrator/Economic Development, reported on
the negotiations with Jim Koller.
John Newcomb, applicant, spoke regarding the Request for Proposal. He
requested Council approval for the project. 4 9
Page 14 - Council/Agency Minutes - 3/4/91
Diane Easterli-ng stated that the developer had proposed revisions of the
project. She asked if the changes were applicable to the Disposition and
Development Agreement. She also asked what had been approved by Council.
Barbara Kaiser, Deputy City Administrator/Economic Development, stated that
Council had approved the design of the project. She stated that the changes
were an attachment to the Disposition and Development Agreement.
Diane Easterling stated she believed that the project should be referred back
to the Planning Commission for further review due to the changes that had been
made.
James Righeimer, Huntington Beach/Fountain Valley Board of Realtors President,
expressed his concerns regarding affordable housing. He suggested that the
second trust deed have the same interest rate as the first trust deed, and he
stated some conditions that would demand payment of the second trust deed,
(i.e. sale of the property or transfer of ownership). He expressed his
concerns regarding equity sharing provisions.
Bob Mandic. stated his concerns regarding the condemnation provision in the
Disposition and Development Agreement.
The City Attorney stated that the issue of condemnation had been considered.
She read the porti on relating to condemnation from the Disposition and
Development Agreement.
Bob Mandic stated he believed the land should be left until the city is aware
of future needs.
Doug Langevin addressed the changes that had been made in the Disposition and
Development Agreement. He stated he had retained his right for residential
building on his property. He stated he believed the proprerty should be
retained for parking.
Bgb Bolen spoke In opposition to the project.
Susan Wilkins!2n requested Council to scale down the project. to lower the
height, to keep the market as originally planned and to maintain the parking,
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.
The City Clerk stated that a corrected Page 49 of the Disposition and Develop-
ment Agreement had been received by her office March 4, 1991.
Barbara Kaiser, Deputy City Administrator/Economic Development, addressed the
changes in the Disposition and Development Agreement.
Discussion was held between staff and Council regarding affordable housing and
parking.
In answer to Councilman Silva's inquiry, James Righeimer stated the reasons he
opposed affordable housing for the project.
150
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Page 15 - Council/Agency Minutes - 3/4/91
A motion was made by Silva, seconded by Green, to approve Negative Declaration
No. 90-41, adopt and authorize execution of the Council Resolution No. 6251
and ftenc,
I --Resolution No. 211 approving the Disposition and levelopment
Agreement between the Redevelopment Agency of the City of Huntington Beach and
Newcomb -Tillotson Development Company, approve and authorize the allocation of
$4,620,000 to the project as project related costs received as developer land
payment, $250,000 for hazardous substance remediation, and funds sufficient to
complete site acquisition ($250,000 reserved) and $270,000 for 18 parking
spaces of satisfy a condition of approval for Town Square, to authorize the
appropriate City/Agency officials to amend the DDA accordingly and authorize
its execution, and to allocate amount not to exceed $4 million in proceeds
from the Southern California Home Financing Authority Revenue Bond Issue 1990
Series B to the project and encumber $850,000 in Redevelopment Agency Housing
Set -aside funds for use in the project. The motion carried by the following
roll call vote:
AYES: Silva, Green, Robitaille, Moulton -Patterson
NOES: Winchell
ABSTAIN: MacAllister, Kelly
ABSENT: None
A motion was made by Silva. seconded by Green, to have the second trust deed
at the same 8 1/2% interest as the first trust deed; equity net; due on sale
concerning the transfer; preference to Huntington Beach residents or people
employed in Huntington Beach; and second trust deed to be 10 years instead of
20 (on equity share). The motion FAILED by the following roll call vote:
AYES: Silva, Robitaille
NOES: Winchell. Green, Moulton -Patterson
ABSTAIN: MacAllister, Kelly
ABSENT: None
RECESS - RECONVENE
The Mayor called a recess of Council at 9:30 p.m. The meeting was reconvened
at 9:45 p.m.
(City C&Uncil) PUBLIC HEARING - TO BE RESET_ -AT LATER DATE - APPEAL 9
PLANNING COMISSION'S DENIAL OF SPECIAL SIGN PERMIT NO. 90-10/SPECIAL SIGN
PERMIT NO. 89-4(R)- AND PLANNED SIGN PROGRAM NO. 89-3(R) (NEWLEXIEL POLLO
LOCO CENTER) - BEACH/YORKTOWN (420-35)
The Mayor stated the Public Hearing on Special Sign Permit No. 90-10/Special
Sign Permit No. 89-40) and Planned Sign Program No. 89-3(R) would be reset at
a later date.
(City Co-uncil) PUBLIC HEARING - APPEAL DENIED CONDITIONAL USE-PERMIT__No.
90-63/TENTATIVE TRACT NO. 14448 - APPROVED WARNER AVENUE/LESLIE LANE
(420.40)
The Mayor announced that this was the day and hour set for a public hearing to
consider the following:
APPLICATION NUMBER: Conditional Use Permit No. 90-63/ Tentative Tract No.
14448
Page 1 . 6 - Council/Agency Minutes - 3/4/91
APPLICANT: David Czaja
APPELLANT: Councilwoman Grace Winchell
LOCATION: 5142 Warner Avenue (southwest corner of Warner Avenue and Leslie
Lane) I
Z_QNE: R3 (Medium -High Density Residential)
KOMI: A 33 unit residential condominium project with special permits to
allow for patio walls within the front and side yard setbacks, and. a reduction
in building separation side to front and side to side.
ENVIRONMENTAL 5TATUS: This project is covered by Environmental Impact Report
No. 90-1 approved by City Council on August 20, 1990.
COASTAL STATUS: Not applicable
The City Clerk received a communication from the applicant February 27, 1991
in support of the project but in opposition to affordable housing.
Legal notice as provided to the City Clerk's Office by staff had been mailed,
published, and posted.
The Director of Community Development presented a staff report.
The Mayor declared the public hearing open.
Art Torosian stated that the project is for luxury condominiums and requested
Council to consider rejecting affordable housing.
Rich Ewtu, designer of the project, spoke in support of the project using a
model. He requested Council to approve the project.
There being no one present to speak further on the matter the hearing was
closed by the Mayor.
Councilmember Winchell spoke regarding the history of the project. She
recommended that affordable housing be required.
Following discussion by Council and staff on affordable housing, a motion was
made by MacAllister, seconded by Silva, to deny the appeal, sustain the
decision of the Planning Commission and approve Conditional Use Permit No.
90-63 with Special Permits and Tentative Tract No. 14448 subject to the
following findings and modified conditions of approval: (The Council vote of
approval is on Page 23.)
Findings for ApprQval - Conditignal U�g Pgrmit No. 90-63:
1. The location, site layout, and design of the proposed 33 unit planned
residential development with four (4) special permits properly adapts the
proposed structures to streets, driveways, and other adjacent structures
and uses In a harmonious manner. The access to the project and the
building height and bulk are compatible with the adjacent structures and
uses. I
Page 17 — Council/Agency Minutes — 3/4/91
2. The proposed 33 unit planned residential development with four (4)
special permits is compatible with surrounding properties in terms of
architecture and orientation and will not be detrimental to the general
welfare of persons residing or working in the vicinity, nor detrimental
to property and improvements in the vicinity.
3. The access to and parking for the proposed 33 unit planned residential
development with four (4) special permits does not create an undue
traffic problem. The access point for the project and the minimum code
required parking provides adequate on —site and off —site traffic
circulation and parking.
4. The planned residential development for a 33 unit project with four (4)
special permits conforms to the provisions contained in Article 915.
5. Conditional Use Permit No. 90-63 for a 33 unit planned residential
development with four (4) special permits is consistent with the goals
and objectives of the City's General Plan and Land Use Map designation.
The intent of the land use designation and zoning suffix (PRD) is to
provide a better living environment and promote aesthetically pleasing
development. The project will also be consistent with the Housing
Element by providing housing opportunities to low and moderate income
families for 20% of the project.
Findings for Approval — Special Permits:
1. The following special permits for deviations to the requirements of
Article 11, of the Huntington Beach Ordinance Code promote a better
living environment and provide an improved site layout and design.
a. To reduce the front yard setback from a 20 foot average with a
minimum dimension of 15 feet to a 13 foot average with a minimum
dimension of 10 feet.
b. To reduce the exterior side yard setback from a 20 foot average with
a minimum dimension of 15 feet to a 20 foot average with a minimum
dimension of 10 feet.
C. To reduce the required building separation front to side from 20
feet to 10 feet.
d. To reduce the required building separation side to side from 30 feet
to 10 feet.
2. The requested special permits provide for maximum use of aesthetically
pleasing types of architecture, landscaping, design and building layout.
3. The approval of the special permits will not be detrimental to the
general health, welfare, safety and convenience, and not detrimental and
injurious to the value of property and improvements of the neighborhood
or of the City in general , because they result in a project with an
improvel living environment and site layout *
4. The requested special permits are consistent with the objectives of the
Planned Residential Development standards in achieving a development
adapted to the parcel and compatible with the surrounding environment.
Page 18 - Council/Agency Minutes - 3/4/91
Findings for Approval - Tentative Tract No. 14448:
1 The size, depth, frontage and other design features of the proposed
subdivision for 33 units are in compliance with the standard plans and
specifications on file with the City as well as with the State Map Act
and the supplemental City Subdivision Ordinance. I
2. The property was previously studied for Medium -High Density Residential
development at the time the General Plan designation was placed on the
site, and will accommodate the development of 33 condominiums.
3. The General Plan has set forth provisions for this type of land use as
well as objectives for the implementation of this type of housing.
4. The site is physically suitable for the proposed density of 25 units per
gross acre.
5. The tentative tract map is consistent with the goals and policies of the
Huntington Beach General Plan.
Conditions of Approval - ConditiQn4l Use Permit No. 90-63:
1. The site plan, floor plans, and elevations received and dated January 11,
1991 shall be the conceptually approved layout.
2. Prior to issuance of building permits, the applicant shall submit the
following:
a. A landscape construction set must be submitted to the Departments of
Community Development Public Works, and Fire for review and
approval. The Landscape Construction Set shall include a landscape
plan prepared and signed by a State Licensed Landscape Architect and
which includes all proposed/existing plant materials (location,
type, size, quantity), an irrigation plan, a grading plan, an
approved site plan. and a copy of the entitlement conditions of
approval.
The landscape plans shall be in conformance with the Ordinance
Code. "Drought tolerant" plants and turf shall be specified for all
common area landscaping. In addition, intensified landscaping shall
be provided between the dwelling units and the private street to
provide visual relief. The landscape plans must be approved by the
three departments prior to issuance of building permits. All
landscape shall be installed prior to final inspection.
b. Rooftop Mechanical Equipment Plan, Said plan shall indicate
screening of any rooftop mechanical equipment and shall delineate
the type of material proposed to screen said equipment.
c. Elevations shall depict colors and building materials proposed.
d. The site plan or reference page shall include all conditions of
approval imposed on the project printed verbatim.
e. All applicable Public Works fees shall be paid.
Page 19 - Council/Agency Minutes - 3/4/91
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f. A detailed soils analysis shall be prepared by a registered Soils
Engineer. This analysis shall include on -site soil sampling and
laboratory testing of materials to provide detailed recommendations
regarding grading, chemical and fill properties, foundations,
retaining walls, streets, and utilities.
g. A grading plan shall be submitted to and approved by the Department
of Public Works.
h. Complete detail of security gate configuration shall be submitted
for review and approval by Departments of Public Works, Fire and
Community Development.
i. All utility apparatuses such as, but not limited to, backflow
devices and Edison transformers, shall be depicted on the site plan,
and shall not be located in the front yard setback, where feasible.
All such equipment shall be screened with landscaping or in another
manner approved by Community Development Department.
j. Final Tract Map No. 14448 shall be accepted by the City Council. It
shall be recorded with the County Recorder's Office prior to
Certificate of Occupancy or final inspection of first unit.
k. Floor plans shall depict natural gas outlets at the locations of
cooking facilities, water heaters, and central heating units,
low -volume heads on all spigots and water faucets, and natural gas
and 220V electrical outlets at the location of clothes dryers.
1. If foil -type insulation is to be used, a fire retardant type shall
be installed as approved by the Building Department and indicated on
the floor plans.
M. A lighting plan for all stationary outdoor lighting fixtures on the
site which includes high-pressure sodium vapor lamps or metal halide
for energy savings shall be approved by the Department of Community
Development to insure that lighting will be directed only to desired
areas, and that no lighting fixtures shall be mounted facing
adjacent residential areas. Illumination levels at the project
perimeter adjacent to residential properties shall not exceed 2.0
foot candles.*
3. Fire Department requirements are as follows:
a. Automatic sprinkler systems will be installed throughout to comply
with Huntington Beach Fire Department and Uniform Building Code
Standards. Shop drawings will be submitted to and approved by the
Fire Department prior to installation.
b. A Class III wet standpipe system (combination) will be installed to
comply with Huntington Beach Fire Department and Uniform Building
Code Standards. Shop drawings will be submitted to and approved by
the Fire Department prior to installation.
Page 20 - Council/Agency Minutes - 3/4/91
c A fire alarm system will be installed to comply with Huntington
Beach Fi re Department and Uniform Fire Code Standards. Shop
drawings will be submitted to and approved by the Fire Department
prior to installation. The system will provide the following:
Water flow, valve tamper and trouble detection
24 hour supervision
Smoke Detectors
Annunciation throughout
Audible Alarms throughout
Graphic Display
Manual Pulls
d. Fire extinguishers will be installed and located in areas to
comply with Huntington Beach Fire Code Standards.
e. One (1) fire hydrant will. be installed prior to combustible
construction. Shop drawings will be submitted to the Public
Works Department and approved by the Fire Department prior to
installation.
f. Elevators will be sized to accommodate an ambulance gurney.
Minimum 6'8" wide by 4'3" deep with minimum 42" opening.
*Indicates a mitigation measure contained in Environmental Impact
Report No. 90-1.
g. Fire lanes will be designated and posted to comply with City
Specification No. 415.
h. Security gates will be designed to comply wi th City
Specification No. 403.
i. Address numbers will be installed to comply with City
Specification No. 428. The size of the numbers will be the
following:
1. The number for the building will be sized a minimum of ten (10)
inches with a brush stroke of one and one-half (1-1/2) inches.
2. Individual units will be sized a minimum of four (4) inches with a
brush stroke of one-half (112) inch.
J. Submit a fire protection plan to the Fire Department for approval
containing requirements of Fire Department Specification No. 426.
k. Installation or removal of underground flammable or combustible liquid
storage tanks will comply with Orange County Environmental Health and
Huntington Beach Fire Department requirements.
1. Fire access roads will be provided in compliance with the Huntington
Beach Fi re Code and Ci ty Spec i f i cation No. 401. Incl ude the
circulation plan and dimensions of all access roads.
m. Exit signs and exit path markings will be provided in compliance with
the Huntington Beach Fire Code and Title 24 of the California
Administrative Code.
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Page 21 - Council/Agency Minutes - 3/4/91
n. The project will comply with all provisions of the Huntington Beach
Fire Code and City Specification Nos. 422 and 431:..for,the abandonment
of oil wells and site restoration,
o. The project will comply with all provisions of.:,Huntington Beach
Municipal Code Title 17.04.085 and City Specification No. 429 for new
construction within the methane gas overlay districts.
4. The development shall comply with all applicable provisions of the
Ordinance Code, Building Division, and Fire Department.
5. All building spoils, such as unusable lumber, wire, pipe and other svfplus
or unusable materials. shall be disposed of at an off -site facility
equipped to handle them.
6. The applicant/owner shall be responsible for paying the Traffic Impact Fee
prior to issuance of a Certificate of Occupancy and/or final building
permit approval.
7. The developer shall be responsible for payment of any additional fees
adopted in the upcoming Water Division Financial Master Plan.
8. Natural gas shall be stubbed in at the locations of cooking facilities,
water heaters, and central heating units'.
9. During cleaning, grading, earth moving or excavation the appl+c"t' shah-.k,'
a. Control fugitive dust by regular watering, paving construction roads,, --
or other dust preventive measures in compliance with SCAQMD Rul e 403
(Fugitive Dust Emissions).
b. Maintain equipment engines in proper tune.
.10. During construction, the applicant shall:*
a. Use water trucks or sprinkler systems to keep all areas where vehicles
move damp enough to prevent dust raised when leaving the site.
b. Wet down areas in the late morning and after work Is completed for the
day in compliance with SCAQMD Rule 403 (Fugitive Dust Emissions).
c. Use low su lfur fuel (.05% by weight) for construction equipment.
d." Phase and schedule construction activities to avoid high ozone days
(first stage smog alerts).
e. Discontinue construction during second stage smog alerts.
11. Construction shall be limited to Monday - Sa turday 7:00 AM to 8:00 PM.
Construction shall be prohibited Sundays and Federal holidays.
Construction activities shall comply with Chapter 8.40 of the Huntington
Beach Municipal Code.*
12. Prior to initiation of construction, Police and Fire Department shall be
notified and the Department shall be kept informed about duration and
extent of construction throughout the process.
Page 22 - Council/Agency Minutes - 3/4/91
13. The developer shall participate in the City's Green Acres project by
installing separate water lines per Public Works standards, to allow for
use of reclaimed water for irrigation on the site.*
14. An acoustical analysis must be conducted to guarantee compliance with the
State Noise Insulation Standard of 46 db CNEL interior (habitable rooms)
and the City of Huntington Beach Guidelines of 60 db CNEL exterior noise
level for residential areas.*
*Indicates a mitigation measure contained in Environmental Impact report No.
90-1.
Conditions of Approval - Tentattye Tract No. 14448:
1. The tentative tract map received and dated November 15, 1990, shall be the
approved plan, subject to the following modifications:
a. Leslie Lane may be vacated from 30.00 feet to 27.00 feet. Additional
land shall become part of the project landscape.
2. CURs shall be submitted to and approved by the City Attorney and the
Department of Community Development at least 60 days prior to recordation
of the final tract map in accordance with Article 915 of the Huntington
Beach Ordinance code. CC&Rs shall reflect the common driveway access
easements, and maintenance of all common landscape areas, project
amenities and walls.
3. Full Public works improvements are required to the centerline of Leslie
Lane.
4. Water system shall be located in vehicular travelways and dedicated to the
ci ty. The developer/homeowner's association shall be responsible for
repairing any enhanced pavement, if the water facilities need to be
maintained or repaired.
5. Water system shall be looped. No dead ends shall be allowed. The water
system shall be installed per the Public Works Department's Standards,
Ordinances and Policies.
6. Developer shall be responsible for the payment of any additional fees
adopted in the Water Division Financial Master Plan and payment of the
Traffic Impact Fees at thetime building permits are issued.
7. The on -site sewer and water system shall be shown on a City approved
utility plan.
B. The on -site sewer mains shall remain private.
9. Hydrology and hydraulic calculations shall be submitted per the latest
edition of the Orange County E.M.A. Manual and City Requirements.
10. A soils report and grading plan shall be submitted for Public Works
approval.
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Page 23 — Council/Agency Minutes — 3/4/91
11. The developer shall submit water improvements plans, on a separate
utility plan, showing service connections to all lots, fire hydrants and
other appurtenances in accordance with applicable I.P.C., Ordinances and
Public Works Standards. These plans shall be approved by the Public
Works Water Division.
12. The developer shall submit mitigation measures for approval by the City
which will address the following deficiencies in the water system.
— Reducing the peak hour demands.
— Increasing the water supply sources .(wells and importing facilities).
— Increasing the water storage facilities (reservoirs).
The above deficiencies are either inadequate or cannot be met for
existing/ultimate demands, unless the mitigation measures identified in
the 1988 Water System Master Plan are addressed.
13. No combustible construction shall occur until an -approved water system is
i nstal I ed.
14. Drainage flows from adjacent properties shall not be obstructed. Flows
shall be accommodated per Public Works Department requirements.
15. On —site drainage shall not be directed to adjacent properties, but shall
be handled by a Public works Department approved method.
16. All vehicular access rights to Warner Avenue shall be released and
relinquished to the City.*
17. The developer shall replace the existing eight (8) inch water
distribution pipes which serve the project site with 12 inch pipes.*
The motion carried by the following roll call vote:
AYES: MacAllister, Silva, Kelly, Robitaille,
NOES: Winchell, Green, Moulton —Patterson
ABSENT: None
Councilmember Linda Moulton—psltter�gn left the meeting.
CONSENT CALENDAR — (ITEM REMOVED)
The Mayor announced the following item would be deferred: Amendments to the
City's Classification Plan, Resolution No. 6249.
CONSENT CALENDAR — (ITEMS APPROVED)
On motion by MacAllister, second Kelly, Council approved the follow i n, i tem,
as recommended, by the following roll call vote:
AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille,
NOES: None
ABSENT: Moulton —Patterson
Page 24 - Council/Agency Minutes - 3/4/91
The City Clerk informed Council that they had been provided with a letter from
Pedigo Company in support of the item pertaining to authorization to file
jointly with City of Westminster to Public Utility Commission and to obtain
funds via Measure M and other sources. I
(City Cond I /Redevelopment Agency) MINUTES - APPME - Approved and
adopted minutes of Council/Agency adjourned regular and regular meetings of
February 19, 1991 and the adjourned regular meetings of February 9, 1991 and
February 11, 1991 as written and on file in the Office of the City Clerk.
Councilman MacAllister abstained from the Council vote on the
February 19, 1991 Council/Agency adjourned regular and regular meeting minutes.
(City -Council) AMENDMENTS TO THE CITYS CLASSIFICATION PLAN - RESOLUTION NO.
6250 - ADOPTED (700.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH TO ADOPT AND AMEND THE CITY CLASSIFICATION PLAN.w (Amends
Ci ty's classification plan by adding classification of Medical Claims
Processor)
(Redevelopment Agency) AUTHORIZATION TO FILE JOINTLY WITH CITY OF WESTMINSTER
TO PUBLIC UTILITY COMMISSION AND TO OBTAIN FUNDS VIA MEASURE M AND OTHER
SOURCES - APPROVED - GOTHARDIHOOVER EXTENSION RAILROAD CROSSINGS (410.10) -
Authorized staff to proceed and file a joint application with the City of
Westminster to the California Public Utilities Commission regarding the rail
crossings aspect of the Gothard-Hoover Extension, authorized staff to apply
jointly with Westminster to obtain needed funds from Proposition M and other
outside sources, and authorized the Mayor to write a letter to the Westminster
Mayor and Council requesting that Westminster Council take action to file with
the Public Utilities Commission and to apply jointly for Measure M and other
outside sources as appropriate.
(City Council) METER BOX-REELACEMENT AT VARIOUS LOCATIONS - CALL FOR BIDS
APPROVED - CC-807 (600.75) - Authorized call for bids for replacement of
meter boxes at various locations throughout the City and approved contract
documents subject to Council's award of contract to the lowest responsible
bidder. (Estimated cost $45,000)
(City Council) AMENDMENT NQ. 1 TO AGREEMENT - APPROVED SUNSET BEACH
SANITARY DISTRICT - ESTABLISHES A NEW FEE SCHEDULE (600.10) Approved and
authorized execution of Amendment No. I to Agreement between the City and
Sunset Beach Sanitary District for the Conveyance of Wastewater.
LCity Council) HAMILTON /VICTORIA BRIDGE .-PROJECT - CC-795 - AHFP 1281 -
RESOLUTION NO. 6252 - AQQPTED (800.40) - "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE DECLARATION OF COUNTY
HIGHWAY OVER A CERTAIN PORTION OF HAMILTON IN THE CITY OF HUNTINGTON BEACH."
(Allows a portion of Hamilton Avenue to be designated as a county highway for
the period of construction) . I
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Page 25 - Council/Agency Minutes - 3/4/91
(City CQuncil) CONSULTANT --AGREEMENT - APPROVED - HARRIS & ASSOCIATES -
PROJECT DESIGN MANAGEMENT - EXPANSION OF CENTRAL LIBBARY - CC-7 (600-10) -
Approved and authorized execution of Agreement between the City of Huntington
Beach and Harris and Associates for all. Construction Management for the
Huntington Beach Central Library with the understanding that the current scope
of services will be limited to Design Project Management and authorized the
Director of Public Works to expend $46,600 to cover contract costs of $42,364
for Design Project Management Services and contract contingencies of $4,236.
(City Council) ASSIGNMENT OF LEASE - ZACK'S TOO - TO MIKE ALI - RESOLUTION
NO. 6253 - ADOPTED (600.35) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH PROVIDING CONSENT TO ASSIGNMENT OF LEASE BETWEEN THE CITY
OF HUNTINGTON BEACH AND CECIL E. WHEAT AND VIRGINIA NELL WHEAT.N (Assignment
of lease to Mike All)
(City Council) FEEDBACK FOUNDATION REOOEST FOR ADDITIONAL FUNDS - APPROVED
(590-30) - Approved the transfer of $9,017 In Community Services Department
operating funds from FY 90-91 budget to Feedback Foundation, Inc., to continue
current levels of service to provide meals at congregate sites and to
homebound seniors in the city.
(City Council) BEACH TELEfflONE CABLE---
PROJECT FUND ALLOCATION--
--CITY BEACH
FRQM PIER TO BEACH BLVD - APPROVE
- (320.45) Approved the
allocation of
$64 200 from the unencumbered portion of the General Facilities Projects
seciion of the General Fund for
telephone circuit along a portion
trenching and replacement
of the city beach from the
of the beach
Pier to Beach
Blvd.
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Wffik'S' 32!-Ju11%R'�S1OJLUTION 6254 - AWRTED (640.10) - "A RESOLUTION OF THE
HUNTINGTON BEACH CITY COUNCIL ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO.
91-1 (CODE AMENDMENTS 88-12 OFF-STREET PARKING REQUIREMENTS; 90-3 CANTILEVER
DECKS)." (Off-street parking and projecting decks on waterfront lots).
(City Council) ANENDHEN15__X__THE__CITY'S -CLA-SSIEIC&TION PLAN - RESOWTION NO.
6249 - DEFERRED (700.20)
The City Clerk presented a communication dated March 4, 1991 from the City
Administrator pertaining to the Amendments to the City's Classification Plan.
A communication from the City Clerk was also presented.
The City Clerk presented Resolution No. 6249 for Council approval - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DELEGATING THE
AUTHORITY TO ADOPT AND AMEND THE CITY CLASSIFICATION PLAN TO THE PERSONNEL
COMMISSION." (Delegates authority to the Personnel Commission to revise the
city's Classification Plan and provides the right to appeal such actions to
the City Council,1
The Mayor stated the item pertaining to the Amendments to the City's
Classification Plan would be deferred.
Page 26 - Council/Agency Minutes - 3/4/91
(City Council) WATER MANAGEMENT PROGRAM - REPORT RECEIVED - MEETING SCHEDULED
4/8/91
The City Clerk presented a communic ation from the Director of Public Works
regarding a Water Management Program for the City.
Jeff Renna, Water Operations Manager, presented the Water Management Program
Report.
The City Administrator stated staff would return to Council at a special
meeting on Monday, April 8, 1991, to adopt a more comprehensive Water
Conservation Plan and receive a long term Capital Improvement and Financial
Program that will assure long term water availability.
ORDINANCE NO. 3094 - AMPTED - LLECTION OF TRASH (810.20)
The City Clerk presented Ordinance No. 3094 for Council adoption - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.40 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO COLLECTION OF TRASH." (Time
limit/appeals - trash permits)
A motion was made by Kelly, seconded by MacAllister, to adopt Ordinance
No. 3094. The motion carried by the following roll call vote:
AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille,
NOES: None
ABSENT: Moulton -Patterson
ORDINANCE NO. 3095 - ADOPTED - SENIQR CITIZEN EXEMPTION (340.50)
The City Clerk presented Ordinance No. 309.5 for Council adoption - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE SECTION 3.36.280 PERTAINING TO SENIOR CITIZEN EXEMPTION."
Pregared at the direction of Council ' . (Increases the maximum household income
for utility tax and trash tax exemption to the same value used for Fire-Med
reduced fee membership) ($17,200 plus $2.450 for each additional person in
the household)
A motion was made by Kelly, seconded by MacAllister, to adopt Ordinance
No. 3095. The motion carried by the following roll call vote:
AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille,
NOES: None
ABSENT: Moulton -Patterson
I
Page 27 - Council/Agency Minutes - 3/4/91
ORDINANCE KQ__ 3096 - INIRODUCTION APPROVED - TAX ON TELEPHONE QQMNICATION
SERVICES (340.50)
The City Clerk presented Ordinance No. 3096 for Council approval - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 3.36.020 OF THE
HUNTINGTON BEACH ORDINANCE CODE RELATING TO A TAX ON TELEPHONE COMMUNICATION
SERVICES." (Adds interstate and international telephone usage as being
subject to the City's utility tax.)
A motion was made by MacAllister, seconded by Green, to approve introduction
of Ordinance No. 3096. The motion carried by the following roll call vote:
AYES: MacAllister, Winchell, Green, Kelly, Robitaille,
NOES: Silva
ABSENT: Moulton -Patterson
ORDINANCE NO 3097 - INTRODUCTION APPROVED - EXEMPTIONS FOR PRIVATE FUNDING
(600-05)
The City Clerk presented Ordinance No. 3097 for Council approval - MAN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH NUNICIPAL
CODE SECTION 3.03.110 PERTAINING TO EXEMPTIONS FOR PRIVATE FUNDING.
(Eliminates requirement of three written proposals for contract professional
services where outside funding sources are involved)
A motion was made by Kelly. seconded by MacAllister, to approve introduction
of Ordinance No. 3017. The motion carried by the following roll call vote:
AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille,
NOES: None
ABSENT: Moulton -Patterson
STAFF REPORT GIVEN ON NERIO COMPLIANCE WITH -READONLARK AIRPORT CLOSURE
ADDENDUM
The Community Development Director presented a staff Update on the Nerio
compliance with the January 17, 1991, Meadowlark Airport Closure Addendum. He
reported on the field inspection.
Councilmember Winchell stated that she wanted the report prior to hearing the
appeal
REPORT REQUESTED - HANK THEATRE OPENIN
Councilmember MacAllister requested the City Administrator to meet with the
Mann Theatre representatives to determine the opening date of the theatre
compl ex.
COUNCIL CHAMBER AUDIO SYSTE
Councilmember MacAllister requested the staff to obtain the services of a
professional to repair the audio system.
Page 28 — Council/Agency Minutes — 3/4/91
DISMSSION RE: KEYSER MARSTON ASSOCIATES, IN
Councilmember MacAllister requested a report on the costs incurred from Keyser
Marston Associates, Inc. for the Redevelopment Agency and whether it is good
policy to utilize only one company.
REACTIVATE CQWITTEE REGARDING GOTHARD/HOOVER EXTENSION
On motion by Silva, second Green, Council directed the City Administrator to
meet with the City Administrator of Westminster to reactive the Gothard—Hoover
Extension Committee. The motion carried by the following roll call vote:
AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille,
NOES: None
ABSENT: Moulton —Patterson
The City Administrator stated that a report would be presented to Council on
March 18, 1991.
AFFORDABLE HOUSING POLICY COMPATIBILITY TO BE INVESTIGATED
Councilmember Kelly referred to the comments made by the Fountain Valley/Hunt—
ington Beach Board of Realtor's President regarding affordable housing and
second trust deeds. The City Administrator stated he would investigate the
compati bi 1 i ty.
UPDATE ON USE OF LEAFBLGNERS REQUESTED
Councilmember Silva requested an update on leafblowers.
Daryl Smith, Superintendent of Park, Tree & Landscape, informed Councilmember
Silva that he and Dave Kelly, Public Information Specialist, were preparing a
report to be presented to Council.
PROGRESS OF CONSTRUCTION PRQjECT AT FLORIDA/MAIN REQUESTED
Councilmember Robitaille inquired regarding the progress of the construction
of the project at Florida and Main Streets which had previously been destroyed
by f ire.
PROGRESS ON SKATEBOARD ORDINANCE REQUESTED
Councilmember Green requested information as to the progress on the -skateboard
ordinance. The Police Chief stated that expansion of the ordinance was being
studied and would be presented to Council.
DQWNTOWN SIDENALK TO BE REPAIRED
Councilmember MacAllister asked if the concrete area by the downtown post
office could be smoothed out to discourage skateboarding. Daryl Smith,
Superintendent of Park, Tree & Landscape, stated that it was being taken care
of.
Page 29 - Council/Agency Minutes - 3/4/91
I
I
CLOSED SESSION
The Mayor called a Closed Session of the City, Council pursuant to Government
Code Section 54957.6 to meet with its designated representatives regarding
Labor Relations matters - Meet & Confer.
RECESS - RECONVENE
The Mayor called a recess of Council at 11:10 p.m. The meeting reconvened at
11:55 p.m.
ADJOURNMENT — CIDUNCIURIEDEVELOPMENT AGENCY
Mayor Green adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to 5:30 p.m., Monday.
March 18, 1991, Room B-8.
ATTEST:
City Clerk/Clerk
Cl erk of the Redevelopment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntington Beach, California
Mayor/Chairman