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HomeMy WebLinkAbout1991-03-18 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, March 18, 1991 A videotape 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, Robitaille, Kelly arrived at 5:37 p.m. Moulton Patterson arrived at 6:15 p.m. ABSENT: None (City Council) DISCUSSIQN HELD RE: PUBLIC HEARING — APPEAL OF PLANNING COMMIS ON APPROVAL OF CONDITIONAL USE PERMIT NO 9Q-17/COASTAL DEVELOPMENT PERMIT NO. _90-18/FINAL ENVIRONMENTAL IMPACT REPORT NO. 90-2/GENERAL PLAN CONFORMANCE NO. 90-8 — (PIERSIDE) (420.40) In answer to Councilman Green's inquiry, the Community Development Director stated the Environmental Impact Report is a declaration and approval should be based on whether or not it is adequate. (City Council/Redevelopment Agency) DISCUSSION HELD RE• PUBLIC HEARING — FIRST AMENDED PIERSIDE LEASE AGREEMENT — STANLEY BLOOM — PURCHASE SALE AGREEMENT — TRANSFER OF PROPERTY FROM CITY TO AGENCY — (PIERSIDE RESTAURANT LEASE SITE) — MAIN—PIER REDEVELOPMENT PROJECT AREA — COUNCIL RESOLUTION NO 6 24 AND 6225 — AGENCY RESOLUTION NO. 206 AND 207 (600.30) Discussion was held between Council and staff regarding land use as it relates to recreational purposes and whether or not restaurants are in the scope of being beach related. The City Administrator stated the City Attorney was investigating whether or not the First Amended Pierside Lease needed a 4/5 vote of Council . The City Attorney reported. She distributed a copy of Page 509 Deerings Government Code Section 37351 regarding water front. Discussion was held between the Council and City Attorney staff on the definition of "water front" property. The City Attorney read a legal opinion from Deputy City Attorney Sangster. 66. Page 2 - CouncillAgency Minutes - 3/18/91 The City Attorney recommended deferring the public hearing in order for her to write a legal opinion on the issue of water front, public park, or beach. Councilmember Winchell stated she believed the Pierside public hearing and the item pertaining to the First Amended Pierside Lease Agreement should be heard together. 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) RECESS - REC NVENE The Mayor called a recess of Council at 6:20 p.m. The meeting was reconvened at 6:55 p.m. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY 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 18, 1991 . Clerk of the Redeve opment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: 4 7vo G City Clerk/Clerk Mayor/Chairman 67 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, March 18, 1991 A videotape recording of this meeting is on file in the City Clerk' s Office. Mayor Green called 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 the Indian Guides "Cree" Tribe, Northern Star Nation of the West County Family YMCA, Chief Big Swift Foot (Kevin Hubbard) . PROCLAMATION - "CATHOLIC SCHOOLS WEEK" - MARCH 18-22, 1991 The Mayor presented a proclamation to Sister Virlee of Saint Simon and Jude Catholic School proclaiming March 18-22, 1991 as "Catholic Schools Week" in Huntington Beach. PRESENTATION - BILL REED - HUNTINGTON BEACH OIL SPILL COVERA E Donald D. Weddle, Director of Public Affairs, Paragon Cable, presented a plague to Bill Reed, Public Information Officer/Manager HB TV-3, in recogni- tion of outstanding responsiveness to community needs by providing 1990 coverage of the Huntington Beach oil spill . PRESENTATION - $2,000 CHECK PRESENTED BY OC SUPERVISOR WIEDER TO HQ POLICE - SAFE RIDER PROGRAM Supervisor Harriett Wieder presented a $2,000 check to Police Chief Lowenberg and the Huntington Beach Boy Scouts District Manager to support "Safe Rider" Program. 68 Page 2 - Council /Agency Minutes - 3/18/91 PROCLAMATION - CHILD ABUSE PREVENTION MONTH - APRIL The Mayor presented a proclamation to Supervisor Wieder designating April as "Child Abuse Prevention Month". PRESENTATION - $75,000 CHECK TO HUNTINGTON BEACH ART CENTER FOUNDATION FROM WILLIAM AND LORRAINE McCUNE William and Lorraine McCune, Huntington Beach Art Center Founders, presented a check for $75,000 to Mayor Peter Green and Councilwoman Linda Moulton-Patterson for the Huntington Beach Art Center Foundation and the City. Chairman Bob Goodrich and Lloyd Baron of the Huntington Beach Art Center Foundation, Eunice Nicholson and Henry Yee of the Founders Committee and Elaine Keeley, Chair of the Allied Arts Board ,joined Mayor Peter Green and Councilwoman Linda Moulton-Patterson in accepting the contribution. RESOLUTION SHOWING PATRIOTISM - DESERT SHIELD - 714/91 - REWESTED TO BE SENT TO THE PRESIDENT OF THE US Councilmember MacAllister requested that the President be forwarded a resolu- tion showing patriotism and making July 4, 1991 a salute to our service men and women who served in Desert Shield and all the wars to preserve our freedom and democratic way of life. PUBLIC COMMENTS Joseph Kuhns commended Council regarding the library and playhouse funding donation. George Arnold spoke regarding the needed repair of city streets and in favor of alcoholic advertising on the city beach. Dr. Topper Horack spoke in opposition of alcoholic advertising on the city beach stating there was enough peer pressure on young people without setting a precedent of alcoholic advertising. Jack CIA" spoke in support of the South Beach Parking Area Improvement Task Force and stated he would like to serve on the committee. He spoke in opposition of alcoholic advertising on the city beach. Margaret Hickey, Community Services Commission Chairman, spoke in opposition of alcoholic advertising on the city beach. Sally Graham requested Council to support the alternative action denying the appeal and to retain condition l .c. requiring Low Density Residential long the eastern side of Roosevelt Lane for the Meadowlark Master Plan. Kathleen Meyers spoke in opposition of the Meadowlark Master Plan. She stated she believed the homeowners on the west side were concerned about lowered property values and a potential of increased crime due to the planned quadrant with R-2 and R-3 density. She requested Council to support the alternative action which was to deny the appeal and retain condition l .c. requiring Low Density Residential along the eastern side of Roosevelt Lane. 69 Page 3 - Council/Agency Minutes - 3/18/91 James Rush distributed a letter dated March 18, 1991 to Council regarding the formation of a task force of users of Huntington Central Park who will be affected by certain proposed uses in the park. Cheryle Browning spoke in opposition of the Meadowlark Master Plan. She stated she believed there was a lack of public input. Spy Smith, Dwyer Middle School Vice-President representing a leadership class, requested information regarding the policy of Huntington Beach on water conservation. Jack Kelly informed Sandy Smith to check with the Public Works Director regarding the water conservation report presented at a previous Council meeting. Shawn Millbern spoke in support of the South Beach Parking Area Improvement Task Force and alcoholic advertising on the city beach. ,John Barth, Huntington Beach Safety Officers ' Association President, spoke in opposition of alcoholic advertising on the city beach. Kai Weisser, Surf Lifesaving Association President, spoke in opposition of alcoholic advertising on the city beach. Tom Duchene, Ocean View Little League Board member, spoke in support of the Youth Sports Complex in Huntington Central Park. David Garofalo spoke in opposition of alcoholic advertising on the city beach. Larry Geisse spoke in opposition to first amended Pierside Lease Agreement. Art Aviles, Huntington Beach Chamber of Commerce, requested Council to not take permanent action on alcoholic advertising on the city beach. Zac Henson spoke in support of Pierside project. Chuck Osterlund spoke in opposition of alcoholic advertising on the city beach. Philip Baumfeld, Ocean View Little League President, spoke in support of the Youth Sports Complex in Huntington Central Park. Brad Lineberger, Dwyer Middle School leadership student, spoke in opposition of building on the beach. PUBLIC HEARING - PIERSIDE LEASE AGREEMENT CONTINUED The City Administrator stated the public hearing pertaining to the Pierside. Lease Agreement would be continued to April 15, 1991 in order for the City Attorney to make the determination regarding whether or not the site is considered waterfront property. A motion was made by Winchell , seconded by Green, to continue the item pertaining to the appeal of Planning Commission approval of Conditional Use 70 Page 4 - Council/Agency Minutes - 3118/91 Permit No. 90-17 along with the item pertaining to the Pierside Lease Agreement. The motion FAILED by the following roll call vote: AYES: MacAllister, Silva, Kelly, Robitaille, NOES: Winchell , Green, Moulton-Patterson ABSENT: None (City Council) PUBLIC HEARING - APPEAL DENIED -- PLANNING COMMISSION DECISION UPHELD -- CONDITIONAL USE PERMIT N --17/COASTAL DEVELMENT PERMIT NO. 90-18/FINAL_ ENVIRONMENTAL IMPACT REPORT NO. 2.0-2/GENERAL PLAN CONFORMANCE NO. 90-8 - APPROVED (PIERSIDE (420.40) The Mayor announced that this was the day and hour set for a public hearing continued open from January 22, 1991 to consider the following appeal : APPLICATION NUMBER: Conditional Use Permit No. 90-17/ Coastal Development Permit No. 90-18/Final Environmental Impact Report No. 90-2/General Plan Conformance No. 90-8 APPLICANT: Redevelopment Agency/Jonathan Chodos APPELLANT: Councilwoman Grace Winchell LOCATION: Ocean side of Pacific Coast Highway between Main Street and First Street (southeast of the pier) NNE: Downtown Specific Plan District 10 (Pier Related Commercial ) REQUEST: Appeal of the Planning Commission' s approval of 48,250 square feet of commercial development, including up to 5 restaurants and beach-related concessions with parking and 78,250 sq.ft. of public plaza. ENVIRONMENTAL STATUS: The project is covered by Final Environmental Impact Report No. 90-2 (supplement to Final Environmental Impact Report No. 82-2) , which the Council will also act upon. CDASTAL STATUS: This project is in the appealable portion of the Coastal Zone. Under the provisions of the Huntington Beach Ordinance Code, the action taken by the City Council is final unless an appeal is filed to the Coastal Commission by the applicant or an aggrieved party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be submitted to the Coastal Commission within ten (10) working days of the date of the City Council ' s action pursuant to Section 30603 of the Public Resources Code, in writing to: California Coastal Commission, 245 W. Broadway, Suite 380, P. 0. Box 1450, Long Beach, CA 90801-1450. There is no fee for the appeal of a coastal development permit. The City Clerk presented Resolution No. 6260 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AND CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 90-2 FOR PIERSIDE RESTAURANT DEVELOPMENT." The Community Development Director presented a staff report. The Mayor declared the public hearing reopened. 71. Page 5 - Council /Agency Minutes - 3/18/91 Debbie Cook listed documents she'd reviewed regarding the property and the project. She stated the project was in violation of the 1932 public recrea- tional easement. She stated she did not believe that restaurants were classi- fied as recreational . She inquired as to the need for a quantitive analysis. Ms. Cook requested that the Environmental Impact Report and project be rejected. Madeleine Andor stated she enjoyed the unobstructed view along Pacific Coast Highway between Brookhurst and Warner. She stated she believed that most people view everything west of Pacific Coast Highway to be the beach. Cecil Carney spoke in support of the project. Craig Doty spoke in support of the project and stated he would be opposed to any building on the beach side of Pacific Coast Highway south of Lake Street. Kirk Kirkland, Planning Commission Chairman, spoke in support of the project and stated the project was only 600 feet of 8 1/2 miles of open view beach. Jerry Bame, attorney representing Robert Cory, spoke in support of the project. David Sullivan showed an ocean view picture with and without obstructions and stated he was opposed to the project. Tom Van Tuyl spoke in support of the project stating that it would provide a safe, clean environment. Natalie Kotsch spoke in support of the project and stated she believed the project would be an enhancement to the area. �gmes Righeimer, Fountain Valley/Huntington Beach Board of Realtors President, stated he believed the project was totally consistent with the Downtown Specific Plan and does not encroach upon he beach. He requested the Council to approve the project with no further delay. Bob Biddle, Huntington Beach Tomorrow President, spoke in opposition Patricia Groos and Dr. RQbe,rt Groos spoke in support of the project and stated that they had specifically moved to downtown Huntington Beach anticipating the completion of the redevelopment projects. Shawn Millbern, representing Steve Bone and Bob Mayer, spoke in support of the project and stated he believed the project would provide dining and a focal point for the downtown area. Charles Mitchell spoke in support of the project. Uri Gati , Anne Hinkey, Tom Duchene, and Jon Crispin spoke in support of the project. Art Aviles, representing Chamber of Commerce, stated he had been on record of being in support of the project since 1986. Spencer Sheldon spoke in support of the project. Page 6 - Council/Agency Minutes - 3/18/91 Jonathan Chodos, co-applicant, urged Council to move forward on the project. He explained the wall sketches and stated he was there to answer questions. He stated that Mr. Wimmer had given a letter in support of the project which he requested to be presented to Council . Doug Langevin spoke in opposition of the project. He stated the area should be kept as open space and that a public park should be built not an economic opportunity. Richard Harlow spoke in support of the project. George Arnold stated he was a 62-year resident and he believed the beach and the parking lot should remain for the public. Mark Sinske spoke in opposition to the project. Chuck Osterlund spoke in opposition of the project but in support of redevelopment in the downtown area. Discussion was held by Council . Dianne Easterling spoke in opposition to the project. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Winchell , seconded by Green, to delay the public hearing on Conditional Use Permit No. 90-17/Coastal Development Permit No. 90-18/Final Environmental Impact Report No. 90-2/General Plan Conformance No. 90-8. The motion FAILED by the following roll call vote: AYES: Winchell , Green, Moulton-Patterson NOES: MacAllister, Silva, Kelly, Robitaille ABSENT: None A motion was made by MacAllister, seconded by Kelly to adopt and certify as adequate Final Environmental Impact Report No. 90-2 by adopting Council Resolution No. 6260 with Mitigation Measures, Statement of Overriding Considerations, and Findings, and Facts in Support of Findings, incorporating by reference Downtown Specific Plan and General Plan. Councilman Kelly inquired whether or not the staff recommendation was satis- factory to the applicants; namely the the city of Huntington Beach Redevelop- ment Agency and Mr. Chodos. He stated the reason for his question was that the project was approved by the Commission and that is what is being appealed. Mr. Chodos, applicant, stated he had agreed and made the application consis- tent with the drawing in D1 which is to lower the middle building as to increase the view opportunities . In answer to Councilman Kelly' s inquiry, Mr. Chodos stated it was consistent with the drawing as depicted in the bottom picture elevation. Mr. Chodos requested that the Downtown Specific Plan and the General Plan be incorporated by reference into the approvals of the Environmental documents. Page 7 - Council /Agency Minutes - 3118/91 Councilman MacAllister, the maker of the motion, accepted the modification to incorporate by reference into the approvals of the Environmental documents the Downtown Specific Plan and the General Plan be incorporated by reference. A motion made by MacAllister, seconded by Kelly to adopt and certify as adequate Final Environmental Impact Report No. 90-2 by adopting Council Resolution No. 6260 with Mitigation Measures, Statement of Overriding Considerations, and Findings, and Facts in Support of Findings, and to incor- porate by reference into the Environmental documents the Downtown Specific Plan and General Plan. The motion carried by the following roll call vote: AYES: MacAllister, Silva, Kelly, Robitaiile, NOES: Winchell , Green, Moulton-Patterson ABSENT: None A motion was made by MacAllister, seconded by Kelly, to approve Coastal Development Permit No. 90-18, Conditional Use Permit No. 90-17 as modified by the applicant, and General Plan Conformance No. 90-8 which is this lower drawing showing D1 with the lower center building, with the following findings and conditions of approval as outlined in Attachment 2 to the report dated March 18, 1991 : (The Council vote of approval is on Page 16. ) Findings for Approval-General Plan Conformance No. 90-8: 1 . Conveying the subject site to the Redevelopment Agency to allow Visitor-Serving Commercial development is consistent with the Visitor-Serving Commercial General Plan Designation for the property. 2. The conveyance of property for the visitor-serving commercial project is consistent with the following policies contained in the General Plan: 3.6.2. 1 (2) Protect, encourage, and where feasible, provide a variety of recreation facilities which provide opportunities for all income groups (Coastal Element) . 3.6.2.20 ) Protect, encourage, and where feasible, provide visitor-serving facilities in the Coastal Zone which are varied in type and price (Coastal Element) . (a) Encourage the provision of additional restaurants and hotel /motel accomodations in keeping with the alternative chosen by the City Council (Coastal Element) . 3.4.2.4(2) Provide parking for residents and beach users (Land Use Element-Shoreline) . 3.4.2.8 To promote the development of services and facilities necessary to support a tourist industry and insure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City' s residents 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; 74 Page 8 - Council/Agency Minutes - 3/18/91 (3) Promoting the revitalization of the Downtown area; and (4) Promoting hotel and tourist-oriented retail development in appropriate locations (Land Use Element) . Finding5jor Approval - Coastal Development Permit No. - 1 . The proposed Pierside Restaurant development conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan, because it implements the adopted Coastal Land Use Plan and Downtown Specific Plan by preserving existing visitor serving opportunities and providing additional visitor-serving commercial opportunities which are varied in type and price. The proposal also improves public access to the beach by providing handicap access, public plazas and walkways, and wide stairways to the beach. 2. Coastal Development Permit No. 90-18 is consistent with the C2 (Coastal Zone) suffix, the Downtown Specific Plan District 10 and other provisions of the Huntington Beach Ordinance Code applicable to the property, because all zoning code requirements can be met, including building height, project parking, replacement of beach parking, and public plazas and open space. 3. At the time of occupancy, the proposed Pierside Restaurant 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 Plan. All services and utilities are available to the site, and the project will not over burden any public services or facilities. 4. The proposed Pierside Restaurant development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act, because it provides for improved public access through the site to the shore line, including handicap access, allowing for public access to recreational opportunities on the City Beach. Findings for Approval - Conditional Use Permit No. -17: 1 . The proposed restaurant development will have a beneficial effect upon the general health welfare, safety, and convenience of persons residing or working in the area due to the type and quality of the activities proposed, and the improvement of accerss and parking opportunities, and will contribute to an increase in the value of the property and improvements in the neighborhood. 2. The proposed Pierside Restaurant Development is designed to be in conformance with the City`s adopted General Plan (including the State Certified Coastal Element) , the Downtown Specific Plan, and the Downtown Design Guidelines, because it implements the visitor-serving designation on the Coastal Land Use Plan and General Plan Land Use Map, and provides for pier related commercial activities and public open space in accordance with the Downtown Specific Plan, District 10. 3. The proposed location, site layout, and design will properly adapt the proposed structures to streets, driveways, and other adjacent structures to streets, driveways, and other adjacent structures and uses in a harmonious manner, because a footprint for the pier plaza, view corridors and public plazas will be provided. In addition, the pedestrian and vehicular circulation has been designed to avoid conflicts, and to utilize V a signalized intersection, Page 9 - Council/Agency Minutes - 3/18/91 4. The proposed combination and relationship of uses to one another on the site are properly integrated. The proposed project will provide commercial activities designed to suit the open public recreational use of the site. 5. The proposed access to and parking for the Pierside Restaurants will not adversely impact traffic and parking in the vicinity, because a traffic study by LSA, Inc. has shown that the surrounding street system can adequately accommodate the demand generated, and all users of the parking structure can be accommodated on-site. Conditions of Appr val : I . The site plan, floor plans and elevations received and dated March 4, 1991 shall be the conceptually approved layout with the following modifications: a. Maximum square footage of concessions (excluding Dwight's) shall be 5,750 sq. ft. b. Windows shall be shaded and/or recessed to the extent feasible to reduce glare. C. Roof heights shall be lowered to comply with maximums stated in the Downtown Specific Plan, i .e. , 25 feet to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the average height of the highest gable of a pitched or hipped roof. An additional ten (10) feet will be allowed only for roof line treatment, chimneys, solar energy equipment and mechanical equipment. An additional 14 feet may be allowed for elevator equipment where necessary. The height is to be measured from the height of the pier deck. d. Lifeguard Headquarters parking shall be located southeast of the Headquarter building and the current parking area heavily landscaped. e. Building C shall be reconfigured if necessary to the satisfaction of marine safety so that a direct line of sight is available from the windows of the lifeguard headquarters to the point at which the water meets the sand at the pier. This is required for marine safety purposes. f. Any modifications as required by Design Review Board and Planning Commission pursuant to condition 3h. g. The project shall incorporate public restrooms in the following manner: Minimum of 6 ladies stalls, 2 Mens' stalls, 2 urinals; Handicap access shall be provided. h. A total of 8% of the site area shall be landscaped. i . A stairway from the plaza to the beach shall be provided in the vicinity of Building A. j . No tandem spaces shall be located on the lower (beach parking) level . k. Relocate Buildings A and C toward Pacific Coast Highway and show additional public open space on the ocean side of the buildings. 79 Page 10 - Council/Agency Minutes - 3/18/91 1 . The casual restaurant shall be located adjacent to the pier plaza on the lower leve, to maintain the approximately 1 ,000 foot spacing between concessions. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan and on the landscape plan. They shall be properly screened by landscaping or other method as approved by the Community Development Director. b. Floor plans shall depict natural gas stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be used on all spigots and water faucets. c. 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. d. 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 by the Director of Community Development. e. Outdoor lighting shall utilize energy savings lamps. All outside lighting shall be directed to prevent "spillage" onto the beach and Pacific Coast Highway, and shall be noted on the site plan and elevations. 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. The Design Review Board and the Planning Commission shall review and approve the following: a) The final building form, elevations, colors, and materials for each building. b) The conceptual public plaza lighting, street furniture and landscape plan for the development, in compliance with the Downtown Design Guidelines. h. An engineering geologist shall be engaged to submit a report indicating 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 the geologist' s report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. 77 Page 11 - Council/Agency Minutes - 3/18191 i . The site plan (or reference page) shall include all conditions of approval imposed on the project printed verbatim. j . Elevations shall depict colors and building materials as approved by the Design Review Board. 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. 1 and 3h for review and approval and inclusion in the entitlement file. b. A tract map delineating leaseable areas and public areas shall be prepared and approved. c. A final 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 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. The existing mature palm trees on-site shall be stored and returned to the site, and incorporated into the project' s landscape plan. d. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). 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. e. Hydrology and hydraulic studies shall be submitted for Public Works approval . Drainage facilities and flow direction shall be approved. f. All applicable Public Works fees shall be paid. g. 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. h. The developer shall submit a parking management and control plan for review and approval by the Departments of Community Development and Public Works, prior to issuance of building permits. This plan should address hours and operation of valet service, plans for attended parking and amount and time of availability of self-parking facilities. A minimum of 250 beach parking spaces shall be available for self parking at all times at rates set by the City Council . The Plan shall delineate these spaces, and describe the accessibility of the spaces during valet parking hours. All required parking shall be provided on-site. L; 78 Page 12 — Council/Agency Minutes — 3/18/91 i . The developer shall submit plans to refacade the Lifeguard Headquarters to be compatible with the project. The plans shall be approved by the Director of Community Services, the Director of Community Development, and the Design Review Board. 4. A Planned Sign Program for the development shall be reviewed and approved by the Design Review Board and Planning Commission prior to the first sign request. 5. The Public Works Department requirements are as follows: a. Remove the water system on—site and construct a 12 inch water main in Pacific Coast Highway, to Lake (First) Street and Beach parking lot water mains. b. All restaurants shall have grease interceptors. c. Construct Pacific Coast Highway improvements as required by the City and Caltrans, including right turn lanes. d. No landscaping shall be permitted within the Pacific Coast Highway right—of—way unless approved by the Department of Public Works and Caltrans. e. Design and location of parking control devices shall be subject to final review by the Director of Public works and Director of Community Development. f. The applicant shall be responsible for paying Traffic' Impact Fees adopted by the City Council prior to issuance of building permits. g. The applicant shall be responsible for payment of Water Master Plan Fees prior to issuance of building permits. 6. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Fire access lanes shall be designated, posted, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. c. Two fire hydrants shall be installed prior to combustible construction. d. The applicant shall meet all applicable local , State and Federal Fire Codes, Ordinances, and standards. e. A Class III wet standpipe system (combination) will be installed to comply with Huntington Beach Fire Department and Uniform Building code standards . f. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. The system will provide manual pulls , 24—hour supervision, audible alarms, and water flow, valve tamper, and trouble detection. . 1. -• "� Page 13 - Council/Agency Minutes - 3/18/91 g. Fire extinguishers will be installed and located in areas to comply with the Huntington Beach Fire code Standards. h. 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) . I . Address numbers will be installed to comply with the Huntington Beach Fire Code Standards. j . A Fire Protection Plan containing requirements of Fire Department Specification No. 426 shall be submitted to the Fire Department for approval . k. Full access to the structures for emergency vehicles shall be maintained from the beach access road and from the parking lot adjacent to Pacific Coast Highway. 1 . The access ways designated as fire lanes over the subterranean parking area are to be reinforced to sustain the weight of fire apparatus. m. Should any abandoned oil wells or tanks be encountered, the Fire Department 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 . 7. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. S. 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. 9. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 10. 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 site; 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; i 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. 11 . Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. Page 14 - Council/Agency Minutes - 3/18/91 12. Prior to issuance of demolition permits for Maxwells, the history and architecture of the building shall be recorded to the standards of the Historic American Buildings Survey (NABS) . This includes the preparation of a detailed historical narrative, and complete graphic documentation of the building through large format photography. Historic photographs and building plans are also reproduced for the NABS record, which ultimately is curated in the Library of Congress. Since the significance of the structure is historical rather than architectural , oral history in addition to archival records are required. The completion of the NABS documentation shall be verified by the Director of Community Development prior to issuance of demolition permits. 13. The plans for the project shall incorporate a means of memorializing the existing Maxwell ' s structure. Such measures could include placement of a commemorative plaque on or near the site, development of an exhibit either on or off site (e.g. at a local historical museum, public library or City Hall ) , and/or development of a publication interpreting the role of the Pavilion in the history of the City, prepared by a qualified historian. The proposed measure(s) shall be reviewed and approved by the Director of Community Development prior to issuance of building permits. 14. 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. 15. The applicant shall provide a plan to be approved by the Public Works Department which depicts alternate routes for traffic during the construction phase, if necessary. Adequate signage shall be provided to warn motor vehicles , bicyclists and pedestrians of construction. The beach access road shall remain open during construction, or a safe alternate route shall be approved by the Departments of Public Works, Community Services, and Community Development. 16. Signs shall be posted within the project informing patrons that the public beach closes at 12:00 midnight. 17. During construction of the project, the developer, in conjunction with the City, shall provide parking spaces within a reasonable distance to accommodate beach access . 18. Prior to occupancy of any building, the developer, Agency, and the City shall execute a landscape maintenance agreement with provisions determined by the City for maintenance of landscaping along the street frontages. 19. The beach access roadway south of the pier must be a minimum 24 feet and must loop with the beach access road on the north side of the pier. This roadway must also be a minimum 24 feet. The roadway must be designed to accommodate beach service vehicles, bicycles and pedestrian access, subject to City review and approval . The access road shall be completed prior to issuance of any Certificate of Occupancy for the project. 20. The developer shall provide the City with a detailed description of the project's proposed security systems for review and approval by all affected departments prior to issuance of any Certificate of Occupancy for the project. 21 . Handicap access to all levels of the project shall by provided from all elevator locations. U � Page 15 - Council/Agency Minutes - 3/18/91 22. If it is determined by the Department of Public Works that dewatering will be required, the applicant shall provide the Department of Community Development with an assessment of impacts on groundwater and underground storage tanks in the vicinity. This assessment along with any necessary mitigation measures shall be reviewed and approved prior to issuance of dewatering permits. 23. Any asbestos identified prior to or during removal of the existing structures shall be removed in accordance with City and State regulations. 24. The project owner/applicant shall provide for additional trash cans along the beach and bike path along the project frontage. The type and locations shall be approved by the Department of Community Services. 25. The lower level of the parking structure shall be closed when high tides coincide with severe storm conditions. 25. An encroachment permit from Caltrans shall be required should the project infringe on Pacific Coast Highway. 27. Bicycle racks shall be provided within the project area. 28. After building completion, the applicant shall cause to be erected a historical monument memorializing the location of the Pacific Electric Line terminus . 29. Prior to Occupancy of each restaurant, the Planning Commission shall review and approve a Restaurant Operation Plan. The Plan shall include, at minimum: a. The final architectural form, colors, materials, and landscaping as recommended by the Design Review Board. b. The proposed hours of operation. c. Floor plans, including floor area devoted to restaurant versus bar/lounge. d. Proposed types and hours of entertainment, and location of entertainment. e. Plans for outdoor service. f. Operational plans which discourage patrons from entering the beach after its 12:00 midnight closure. 30. A safe pedestrian walkway shall be provided from the parking structure to the lifeguard headquarters. 31 . No compact parking spaces shall be allowed in the parking structure. Full size parking spaces and adequate pedestrian/service walkways/shall be provided. 32. A total of eight (8) handicap parking spaces shall be provided on the surface level , in accordance with State law. 33. Construction shall comply with the Floodplain Standards for FP3 Zones, as outlined in Article 940-Floodplain Suffix, Huntington. Beach Ordinance Code. 8.2 Page 16 - Council/Agency Minutes - 3/18/91 34. The project architecture may be subject to redesign to achieve compatibility with the proposed pier plaza project. 35. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, and returned to the Planning Division; and until the ten day appeal period has elapsed. 36. 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. The motion carried by the following roll call vote: AYES: MacAllister, Silva, Kelly, Robitaille, NOES: Winchell , Green, Moulton-Patterson ABSENT: None (City Council/Redevelopment Agency) JOINT PUBLIC HEARING - CONTINUED TO APRIL 15, 1991 - FIRST AMENDED PIER SIDE LEASE AGREEMENT - STANLEY BLOOM - PURCHASE SALE AGREEMENT - TRANSFER OF PROPERTY_FROM CITY TO AGENCY - (PIERSIDE RESTAURANTS LEASE SITE) - MAIN-PIER REDEVELOPMENT PROJECT AREA - COUNCIL RESOLUTION NO. 6224 AND 6225 -- AGENCY RESOLUTION NO. 206 AND 207 (600.30) The Mayor announced that this was the day and hour set for a joint public hearing to consider the lease of certain real property located within the Main-Pier Redevelopment Project Area on the west side of Pacific Coast Highway, between First and Main Streets to Stanley Bloom pursuant to the First Amended Pierside Lease Agreement by and between the Redevelopment Agency and Stanley M. Bloom and also the consideration of the transfer of property (Pierside Restaurants Lease Site) from City to Agency The City Clerk presented Council Resolution No. 6225 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXECUTION OF AGREEMENT FOR THE PURCHASE AND SALE OF PROPERTY BETWEEN THE CITY OF HUNTINGTON BEACH AND THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH." (Subject to a vote of the people, if determined necessary by the City Attorney) The Clerk presented Agency Resolution No. 207 for Council adoption - "A RESOLUTION OF THE REDEVELOPMENT AGENCY` OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXECUTION OF AGREEMENT FOR THE PURCHASE AND SALE OF PROPERTY BETWEEN THE CITY OF HUNTINGTON BEACH AND THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH." The City Clerk presented Council Resolution No. 6224 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND AUTHORIZING THE EXECUTION OF THE FIRST AMENDED PIER SIDE LEASE WITH STANLEY M. BLOOM AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH." The Clerk presented Agency Resolution No. 206 for Council adoption - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING AND AUTHORIZING THE EXECUTION OF THE FIRST AMENDED PIER SIDE LEASE WITH STANLEY M. BLOOM AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH." Page 17 - Council/Agency Minutes - 3/18/91 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. A motion was made by MacAllister, seconded by Green, to continue to April 15, 1991 the joint public hearing to consider the lease of certain real property located within the Main-Pier Redevelopment Project Area on the west side of Pacific Coast Highway, between First and Main Streets to Stanley Bloom pursuant to the First Amended Pierside Lease Agreement by and between the Redevelopment Agency and Stanley M. Bloom and also the consideration of the transfer of property (Pierside Restaurants Lease Site) from City to Agency, and to direct the City Attorney to return to Council with a legal opinion and to direct the City Clerk to readvertise the joint public hearing for April 15, 1991 . The motion carried by the following roll call vote: AYES: MacAllister, Winchell , Silva, Green, Kelly, Robitaille NOES: Moulton-Patterson ABSENT: None RECESS - RECONVENE The Mayor called a recess of Council at 10:15 p.m. The meeting was reconvened at 10:40 p.m. (City Council) PUBLIC HEARING - CONTINUED TO 3/25/91 -- APPEAL BY TERRY GALLOWAY OF MORSE .CONaLTING _GROUP TO MODIFICATIONS MADE BY THE PLANNING COMMISSIO14 IN THEIR APPROVAL OF THE MEAM1ARK MASTER PLAN (440.30) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal . APPLICATION NUMBER: Meadowlark Master Plan APPLICANT: Pacific Development Group/Richard Nerio APPELLANT: Terry Galloway/Morse Consulting Group/Richard Nerio LOCATION: 5141 Warner Avenue (North side of Warner Avenue approximately 600 feet east of Bolsa Chica Street) ZONE: Meadowlark Specific Plan RE UE T: Meadowlark Master Plan showing general distribution of residential densities (600 units) , street alignments, trail system and daycare center location. Appeal is to the Planning Commission' s replacement of Medium-High Density Residential with Low Density Residential for a 100 foot deep strip on the east side of Roosevelt Lane. ENVIRONMENTAL STATUS: Covered by Environmental Impact Report No. 87-2, certified by City Council on February 1 , 1988. COASTAL STATUS: Not applicable � 84 Page 18 - Council/Agency Minutes - 3/18/91 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. The Mayor declared the public hearing open. A motion was made by Moulton-Patterson, seconded by Green, to continue the opened public hearing to 7 p.m. , March 25, 1991 . The motion carried by the following roll call vote: AYES: MacAllister, Winchell , Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: None ABSENT: None (City Council ) PUBLIC HEARING - APPEAL GRANTED - PLANNING COMMISSION'S DECISION OVERTURNED - SPECIAL SIGN PERMIT NO. 90-10. SPECIAL SIGN PERMIT NO. 89-40) AND PLANNED SIGN PROGRAM NO. 89-30) - APPROVED (AUTOPLEy EL POLLO LOCO CENTER) (420.35) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal : APPLICATION NUMBER: Appeal of Planning Commission' s denial of Special Sign Permit No. 90-10, Special Sign Program No. 89-4(R) and Planned Sign Permit No. 89-3(R) APPELLANT: Councilman Jim Silva APPLICANT: Superior Electrical Advertising LOCATION: 19300-19324 Beach Blvd. (eastside of Beach Blvd. approximately 535 feet north of Yorktown Ave. ) ZONE: C4 (Highway Commercial ) REQUEST: Special Sign Permit No. 90-10 is a request to replace an existing code conforming (7 foot high/35 square foot) center identification monument sign with a new 13 foot - 8 inch high/80 square foot center identification monument sign in lieu of the code permitted seven (7) foot high, 50 square foot monument sign. Special Sign Permit No. 89-4(R) is a request to amend a condition of approval which prohibited a business identification (wall) sign on the west elevation of the E1 Pollo Loco Restaurant. The applicant is requesting a 50 square foot business identification (wall ) sign on the west elevation of the building. Planned Sign Program No. 89-3(R) is a request to amend the planned sign program for the Autoplex Center to include a new center identification monument sign, new business identification wall sign and a request to modify the existing El Pollo Loco monument sign. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15311 , Class 11 of the California Environmental Quality Act. COASTAL STATUS: Not applicable (unless in coastal zone) 85 Page 19 - Council /Agency Minutes - 3/18/91 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 and answered questions from the Council . The Mayor declared the public hearing open. Carl Middleton, applicant, distributed material to Council that had also been included in the Council packet. John Adams, owner of Priority Auto Care, stated more visibility for the sign was needed. Richard Escalante, representing E1 Polo Loco, stated the sign was economically needed and spoke in support of Special Sign Permit No. 90-10. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by MacAllister, seconded by Silva, to overturn the Planning Commission's decision and approve Special Sign Permit No. 90-10, Special Sign Permit No. 89-4(R) and Planned Sign Program No. 89-3(R) with findings and suggested conditions of approval specifically the 12 foot sign and 80 square feet and the El Polo Loco sign on the front of the building. The motion is to include the following findings: The City Attorney stated the findings are a substantial hardship to the applicant. Councilmember Winchell requested that a finding be added to include the size and depth of lot and number of businesses . The motion made by MacAllister, seconded by Silva, to overturn the Planning Commission' s decision and approve Special Sign Permit No. 90-10, Special Sign Permit No. 89-4(R) and Planned Sign Program No. 89-3(R) with findings and suggested conditions of approval specifically the 12 foot sign and 80 square feet and the El Polo Loco sign on the front of the building carried by roll call vote with the following findings: (The Council vote is on Page 21 . ) Findings for Agproval - S eci 1 Si n Permit No. -1 : 1 . Strict compliance with Article 961 51 n will result in a substantial hardship to the applicant because the two (2) existing monument signs do not provide adequate signage for the two disparate uses on the site, i .e. restaurant and automotive service. The narrow lot width (201 feet) and great lot depth (442 feet) restrict the automotive business' s to the rear of the site of adequate street identification. The applicant's proposal for a 12 foot -0 inch/80 square foot monument sign will provide the automotive business' s located to the rear of the property with adequate street visibility along Beach Boulevard. Uu Page 20 - Council /Agency Minutes - 3/18/91 2. The proposed new 12 foot -0 inch/80 square foot monument sign will not adversely affect other signs in the vicinity since the sign height, sign area and eight (8) tenant panels as proposed will provide each automotive business on-site with street vi sabi 1 i ty and will be compatible with other multi tenant signs along Beach Boulevard. 3. The proposed 12 foot -0 inch/80 square foot monument sign will not be detrimental to property in the vicinity and will be compatible with the surrounding area. The height, sign area and tenant panels meets the intent of the sign code by providing street identification for the automative users located to the rear of the property. . 4. The proposed 12 foot -0 inch/80 square foot monument sign along Beach Boulevard will not obstruct pedestrian or vehicular traffic vision. The height, sign area and tenant panels do not have the potential to require motorists to slow down to properly see the monument sign and tenant panels. Findings for Approval - Special Sign Permit NO. 89-4-( 1 . The request to delete a condition of approval to permit an additional business identification (wall ) sign for the E1 Pollo Loco restaurant will not result in a substantial economic hardship to the applicant. 2. The request to delete a condition of approval to permit an additional business identification (wail) sign for the El Pollo Loco restaurant will not adversely affect other signs in the vicinity. 3. The request to delete a condition of approval to permit an additional business identification (wall ) sign for the El Pollo Loco restaurant sign will not be detrimental to property located in the vicinity and will be compatible with the surrounding area because the restaurant site is not adequately provided with signage. 4. The request to delete a condition of approval to permit an additional business identification (wall ) sign for the El Pollo Loco restaurant will not be a traffic hazard and cause pedestrian and vehicular conflicts along Beach Boulevard. Findings for Approval - Planned Sign Program No. 89-3(R) 1 . The request to amend the planned sign program through Special Sign Permit No. 90-10 and Special Sign Permit No. 89--40) does reflect the requirements of a planned sign program and the intent of the sign code. 2. The request to amend the planned sign program through Special Sign Permit No. 90-10 and Special Sign Permit No. 89-4(R) will provide signs that will be compatible with the existing on-site signs, the requirements and intent of a planned sign program and sign code. 3. The request to amend the planned sign program through Special Sign Permit No. 90-10 and Special Sign Permit No. 89-4(R) will be compatible with signs in the surrounding commercial vicinity and with the sign criteria as outlined in Planned Sign Program No. 89-3. 87 Page 21 -- Council /Agency Minutes - 3/18/91 Conditions of Approval - Sped ll _Sign Permit No. 90-1 O/Special Sign Permit No. 89-4(R)/Planned Sign Program No. 89-4(R) ; 1 . The location, size, colors and materials shall be generally as shown on the site plans and building elevation dated received November 27, 1990. 2. All internally illuminated signs shall comply with the Huntington Beach Electrical Sign criteria. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Provide a revised and complete Planned Sign Program No. 89-3(R) which reflect text revisions, plan revisions and approval of Special Sign Permit No. 90-10, Special Sign Permit No. 89-4(R) and Planned Sign Program No. 89-3(R) for inclusion in the subject file. b. All conditions as specified herein shall be completed. C. The signs shall be reviewed by the Design Review Board for final colors and compatibility with the existing Autoplex Center. 4. No sign shall be installed, erected, altered, or reconstructed without prior City approval and issuance of appropriate Building Division permits. 5. Prior to submittal for plan check, the sign plans must be approved by the owner or owner's representative. b. There shall be no signs affixed or maintained upon the exterior walls of the premises or the building, or in the parking lot and landscaped areas other than as permitted herein, excepted with the city and property owner' s approval . 7. Any proposed sign that does not comply with the standards of Special Sign Permit No. 90-10/Special Sign Permit No. 89-4(R)/Planned Sign Program No. 89-3(R) shall be subject to review by the Design Review Board and approval of a Special Sign Permit by the Planning Commission. 8. All applicable conditions of approval for Special Sign Permit No. 89-4 and Planned Sign Permit No. 89-3 shall remain in effect with the excep- tions as approved through the revised special sign permit and planned sign program request. 9. This permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the appli- cant and an authorized representative of the owner of the property, recorded with County Recorder' s Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 10. The Planning Commission reserves the right to revoke Special Sign Permit No. 90-10/Special Sign Permit No. 89-4(R)/Planned Sign Progam No. 89-3(R) if any violation of these conditions or the Huntington Beach Ordinance Code occurs. The motion carried by the following roll call vote: AYES: MacAllister, Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: Winchell ABSENT: None Page 22 - Council/Agency Minutes - 3/18/91 (Cityun it PUBLIC HEARING GENERAL PLAN AMENDMENT - /Z NE CHANGE N0. !NEGATIVE DECLARATION N 2 - APPROVED - AMENDMENT TO LAND USE ELEMENT OF THECITY.-IS--GENERAL PLAN & ZONE CH&NGE TO MEDIUM-HIGH N ITY RESIDENTIAL - APPROVED - ORDINANCE N - APPROVED INTRMCTION — RESOLUTION NO. 6259 - ADOPTED (440.50) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: General Plan Amendment No. 90-3/Zone Change No. 90-3/ Negative Declaration No. 90--23 APPLICANT: Huntington Beach Redevelopment Agency/Bijan Sassounian, Sea View Village LOCATION: A 4.5 acre area consisting of two sites: Site 1 : Southwest corner of Talbert Avenue and Joyful Lane Site 2: Southwest corner of Happy Drive and Joyful Lane ZONE: Site 1 : (Q)R2-PO (Qualified-Medium Density Residential-Planned Development) Site 2: R4-SR (High Density Residential-Senior Suffix) and R2-SR (Medium Density Residential-Senior Suffix) REQUEST: 1 . To amend the Land Use Element of the City' s General Plan by redesignating property from Medium Density Residential to Medium-High Density Residential ; and 2. To rezone from (Q)R2-PD (Qualified-Medium Density Residential-Planned Development) , R2-SR (Medium Density Residential-Senior Suffix) and R4-SR (High Density Residential-Senior Suffix) to R3-PD (Medium-High Density Residential-Planned Development) . ENVIRONMENTAL STATUS: Negative Declaration No. 90-23 must be acted upon by the City Council . COASTAL STATUS: Not applicable The City Clerk presented Resolution No. 6259 for Council approval - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 90-3." The City Clerk presented Ordinance No. 3098 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM "QUALIFIED-MEDIUM DENSITY RESIDENTIAL-PLANNED DEVELOPMENT" TO "MEDIUM-HIGH DENSITY RESIDENTIAL-PLANNED DEVELOPMENT" ON REAL PROPERTY GENERALLY LOCATED ON 1 .84 ACRES AT THE SOUTHWEST CORNER OF THE INTERSECTION OF TALBERT AVENUE AND JOYFUL LANE, AND FROM "HIGH DENSITY RESIDENTIAL-SENIOR SUFFIX" AND "MEDIUM DENSITY RESIDENTIAL-SENIOR SUFFIX" TO "MEDIUM-HIGH DENSITY RESIDENTIAL-PLANNED DEVELOPMENT" ON REAL PROPERTY GENERALLY LOCATED ON 2.3 ACRES SOUTH OF HAPPY DRIVE BETWEEN JOLLY LANE AND JOYFUL LANE (ZONE CHANGE NO. 90-3)." t 89 Page 23 - Council /Agency Minutes - 3/18/91 Legal notice as provided to the City Clerk' s Office by staff had been mailed, published, and posted. Letter dated March 14, 1991 received from Ellen Burkhart in opposition to Zone Change No. 90-3. The Community Development Director stated that the two public hearings should be heard together--the General Plan Amendment No. 90-3 and the Conditional Use Permit No. 90-12. Howard Zelefsky, Planning Director, presented a staff report. The Mayor declared the public hearing open. Bijan Sassounian, applicant, stated he had revised the project plans. He read a letter in support of the project from MarcAndre Bock, Ph.D. , D.C. and distributed the letter to Council . There being no one present to speak further on the matter the hearing was closed by the Mayor. The City Clerk stated a letter of opposition from Ellen Burkhart was received by her office. A motion was made by MacAllister, seconded by Kelly, to: I . Approve Negative Declaration No. 90-23 with mitigation measurers as outlined in Attachment 1 of the RCA dated March 18, 1991 . 2. Approve General Plan Amendment No. 90-3 by adopting Resolution No. 6259. 3. Approve introduction of Ordinance No. 3098 after reading by title, and approve Zone Change No. 90-3 with the following findings for approval : Findings fpr _Approval - „Zgne Change„N!2. 90-3 I . The proposed zone charge from (Q) R2-PD, R2-SR and R4-SR to R3-PD is consistent with the goals and policies of the General Plan and consistent with General Plan Amendment No. 90-3. 2. Zone Change No. 90-3 from (Q) R2-PD, R2-SR, and R4-SR to R3-PD is consistent with the goals and policies within the Housing Element. 3. The proposed zone change with mitigation measures would facilitate designs aesthetically compatible with the surrounding residential area in regards to height, setbacks and landscaping. The motion carried by the following roll call vote: AYES: MacAllister, Wincheli , Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: None ABSENT: None Page 24 - Council /Agency Minutes - 3/18/91 (CityCouncil ) PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 90-12 WITH SPECIAL PERMITS - APPROVED - TENTATIV P N 14 7 - APPR ED - IYE DECLARATION_ NQ. 90-23 IN CONJUNCTION WITH GENERAL PLAN AMENDMENT NO90-3 - ZONE CHANGE NO. 90-3 RE E T TO CONSTRUCT A 92- NIT CONDOMINIUM T H E PROJECT) (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. 90-12 With Special Permits/Tentative Tract Map No. 14357/Negative Declaration No. 90-23 APPLICANT: Redevelopment Agency and Bijan Sassounian LOCATION: South side of Talbert Ave. , west of Joyful Lane; and south side of Happy Drive between Jolly Lane and Joyful Lane. EXISTING ZONE: R2-SR (Senior Medium Density Residential) ; R4-SR (Senior High Density Residential ) ; and Q-R2-PD (Qualified Medium Density Residential-Planned Development) . PROPOSED ZONE: R3--PD (Medium High Density Residential - Planned Development RE VEST: To construct a 92 unit condominium/townhome project with the following special permits: 1 . To reduce the side--by-side building separation requirement from 55 feet to 20 feet. 2. To allow drive aisle to abut garages for townhomes in lieu of providing 20 foot driveways for 50% of the units. 3. To allow a 75 foot average dimension for the main recreation area in lieu of 100 feet. 4. To allow a 28 foot wide access drive for the townhomes in lieu of a 48 foot wide drive within 100 feet of the public street. 5. To allow a 7 to 10 foot front setback along Joyful Lane and the north side of Happy Drive in lieu of a minimum 15 foot setback for pool fencing and the common clubhouse building. 6. To allow up to 12% ramp slope to the parking structure in lieu of 10%. 7. To allow all two story buildings for the townhomes in lieu of requiring 1/3 of the units to be one story lower than the remainder of units in the structure. ENVIRONMENTAL STATUS: This project is covered by Negative Declaration No. 90-23. COASTAL STATUS: Not applicable 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. Page 25 - Council /Agency Minutes - 3/18/91 The Mayor declared the public hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by MacAllister, seconded by Moulton-Patterson, to approve Conditional Use Permit No. 90-12 with special permits, Tentative Tract Map No. 14357, and to approve the revised site plans, floor plans and elevations dated February 8, 1991 , subject to the following findings and conditions of approval as outlined in attachment 1 to the RCA dated March 18, 1991 : (The Council vote is on Page 32.) Findings for Approval - Conditional Use Permit No. 90-12: I . The location, site layout, and design of the proposed 92 unit condomi ni um/town home project properly adapt the proposed structures to streets, driveways, and other adjacent structures and uses in a harmoni- ous manner, because the setbacks have been increased to adjacent R1 property, the project is primarily 2-story, and the architecture has been modified to more closely reflect surrounding projects. 2. The access to and parking for the proposed 92 unit condominium/ townhome complex does not create an undue traffic problem, because the parking structure has been shown to be safe and efficient and the surrounding streets have adequate capacity to accommodate the traffic generated. 3. The planned residential development for 92 units does conform to the provisions contained in Article 915 except for the special permit requests, which improve the quality of the project (see Special Permit Findings for Approval ) . 4. The proposed 92 unit project will not be detrimental to the general wel- fare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building, because the project is properly buffered from such uses by streets and setbacks, and has been reduced in scale and density to more closely reflect existing development in the vicinity. 5. The proposed 92 unit condominium/townhome project will be compatible with the Huntington Beach General Plan and Zoning upon adoption of General Plan Amendment No. 90-3 and Zone Change 90-3. Findings for Approval - Special Pgrmits: I . The following special permits promote a better living environment by adapting the Planned Residential Development requirements to better suit the 92 unit condominium/townhome complex, which are compatible with the surrounding area: a. To allow a 7 to 10 foot front setback along Joyful Lane and the north side of Happy Drive in lieu of minimum 15 foot setback, for pool fencing and the common clubhouse building. b. To allow a 28' wide access drive to the townhomes in lieu of a 48' wide drive within 100 feet of a public street. C. To reduce side-by-side building separation for Building 1 from 55 feet to 20 feet. ,� 9 Page 26 - Council/Agency Minutes -- 3/18/91 d. To allow all two story development for the townhomes in lieu of requiring one third of the units in each structure to be one story less. e. To allow an average dimension of 75 feet for the main recreation area in lieu of 100 feet. f. To allow up to 12% ramp slopes into the underground parking structures in lieu of a maximum 10% slope on ramps with no adjacent parking. g. To allow the access drives to the townhomes to abut garages in lieu of requiring a 20 foot setback for 509E of the garages. 2. The requested deviation for ramp slopes to the parking structure is acceptable because: a. A traffic study prepared by a traffic engineer has been submitted which documents the impacts of the request. b. The deviation will not adversely affect the circulation and safety of the site structure, use, or adjacent use. C. The deviation will result in a more efficient circulation pattern and parking layout. d. The deviation will enhance the general appearance of the development and its surroundings by allowing all parking for the condominiums to be subterranean. e. The deviation will not be detrimental to the general public health, safety, welfare or convenience, or injurious to property values in the vicinity. 4. The requested special permits provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout, by allowing for efficient on-site circulation, buffering adjacent land uses, allowing for a centrally located recreation area, and increasing building compatibility with surrounding residential development. 5. The requested special permits will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general . The special permit requests incorporated into the project design will reduce project impacts to adjacent properties. 6. The requested special permits are consistent with the objectives of the Planned Residential Development standards in achieving a development adapted to the terrain and compatible with the surrounding environment. Findings for Approval - Tentative Tract No. 14357: 1 . The size, depth, frontage, street width, and other design features of. the proposed subdivision for 92 condominium/townhome units 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. Page 27 - Council/Agency Minutes - 3/18/91 2. The analysis for General Plan Amendment No. 90-3 and Zone Change No. 90-3 has determined that this intensity of land use (MediumHigh Density Residential - Maximum 25 units per gross acre) is appropriate for this site. 3. The General Plan has set forth provisions for Medium-High Density Residential Development and affordable housing, as well as setting forth objectives for the implementation of this type of use. 4. The site is relatively flat and physically suitable for the proposed density of 20.4 units per gross acre. 5. Tentative Tract No. 14357 for a 92 unit condominium/townhome complex is consistent with the goals and policies of the Huntington Beach General Plan. Conditions of Approval - Conditional Use Permit No. 90-12: 1 . The site plan, floor plans, and elevations received and dated February 28, 1991 , shall be the conceptually approved layout. 2. The sale of the Redevelopment Agency's property to the applicant for inclusion in the project shall be contingent upon the applicant and/or agency providing a financing mechanism which makes available 20% of the units to families of low and moderate income. 3. 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 shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. C. Floor plans shall depict natural gas and 220V electrical stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units ; and 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) . f. Elevations shall depict colors and building materials as approved by the Design Review Board. Page 28 - Council/Agency Minutes - 3/18/91 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 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 following: (a) The final building form, colors and materials. (b) Pool fencing shall be of wrought iron or other see-through material . k. The site plan or reference page shall include all conditions of approval imposed on the project printed verbatim. 1 . The final site plan shall note the location of 100 cubic feet of storage area per unit for condominiums. 4. Prior to issuance of building permits, the applicant/owner shall complete the following: a. 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 include intense landscape buffers, and shall be in conformance with Section 9508 and Article 915 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . 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. C. Hydrology and hydraulic studies shall be submitted for Public Works approval . r 95 Page 29 - Council/Agency Minutes - 3/18/91 d. All applicable Public Works fees shall be paid. e. 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. 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, a water plan shall be submitted to the water department. The plan shall detail measures which the project shall implement to reduce peak hour water usage. 5. The Public Works Department requirements are as follows: a. Private driveways shall be of radius-type construction, per Huntington Beach Standard 211 A and B. . 6. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. Shop drawings to be submitted to and approved by Fire Department prior to installation. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. C. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. Three fire hydrants shall be installed prior to combustible construction, and at locations specified by the Fire Department. e. The applicant shall meet all applicable local , State and Federal Fire Codes, Ordinances, and standards. f. A Class III wet standpipe system (combination) will be installed to comply with Huntington Beach Fire Department and Uniform Building Code standards . g. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code standards. h. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code standards. i . Elevators will be sized to accommodate an ambulance gurney (Minimum 6'8" wide by 4'3" deep, minimum 42" opening. j . Security gates will be designed to comply with Huntington Beach Fire Department Standard No. 403. 96 Page 30 - Council/Agency Minutes - 3/18/91 k. Address numbers will be installed to comply with Huntington Beach Fire Code standards. 1 . Submit to Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification No. 426. M. Applicant shall pay for "Opticom" traffic system at Beach and Talbert. 7. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 8. 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. 9. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 10. During construction, the applicant shall : a. Discontinue construction during second stage smog alerts. 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. 11 . Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 12. 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 be obtained to determine the appropriate course of action. 13. During cleaning, grading, earth moving or excavation, the applicant shall : a. Control fugitive dust by regular watering, paving construction roads, or other dust preventive measures. b. Maintain equipment engines in proper tune. 14. 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. 15. Public Works Department shall provide alternate routs for traffic during p p e e g the construction phase, if necessary. Adequate signage shall be provided to warn motor vehicles, bicyclists and pedestrians of construction. 16. This conditional use permit and tentative tract shall not become effective until General Plan Amendment No. 90-3 and Zone Change No. 90-3 have been approved by the City Council and are in effect. Page 31 - Council/Agency Minutes - 3/18/91 17. 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. Conditions of Approval - Tentative Tract 14 7: 1 . Tentative Tract Map No. 14357 shall be revised to reflect the project as shown on the site plans dated February 28, 1991 . a. "Notes" shall be revised to reflect correct zoning and General Plan designation. 2. At least 60 days prior to recordation of the final tract map, CUR' s shall be submitted to and approved by the City Attorney and the Department of Community Development. The CUR' s shall reflect the and maintenance of all common areas by the Homeowners' Association. 3. This tentative tract shall not become effective until General Plan Amendment No. 90-3 and Zone Change No. 90-3 have been approved by the City Council and are in effect. 4. Any landscaping and enhanced pavement within the right-of-way shall be maintained by the Homeowners Association pursuant to an approved agreement with the City Public Works Department 5. On-site sewers shall be private. 6. The water system shall be located in vehicular travel ways and dedicated to the City. 7. The developer will be responsible for the payment of the Water Master Plan fee. 8. The developer will be responsible for the payment of the Traffic Impact fees at the time building permits are issued. 9. The project shall accept all contributory drainage from properties to the south, which shall be accommodated through the site in a manner to the satisfaction of the Department of Public Works. 10. Construct full Public Works improvements to the centerline of Talbert Avenue. 11 . The on-site sewer and water systems shall be shown on a City approved utility plan, showing all water services, fire hydrants, fire services, and backflow devices. 12. Developer shall submit water system hydraulic calculations to ensure system adequacy and line sizing. 13. The water system shall be looped, with no dead ends, and shall be installed per the Public Works Department's standards, ordinances, and policies. 14. Developer shall dedicate vehicular access rights to the City except at access points approved by the City. .98 Page 32 - Council/Agency Minutes - 3/18/91 The motion carried by the following roll call vote: AYES: MacAllister, Winchell , Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: None ABSENT: None CONSENT CALENDAR - ITEMS REMOVED The City Administrator stated the item pertaining to the contract with James Palin for Consulting Services would be deferred. The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Winchell) Notice of Completion, Tract 13087; (Kelly) Resolution No. 6257. CONSENT CALENDAR - ITEMS APPR VED On motion by Kelly, second MacAllister, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Winchell , Silva, Green, Kelly, Robitaille, Moulton-Patterson NOES: None ABSENT: None (City Council_/Redeve_lgpment Agency) MINUTES - _APPROVED - Approved and adopted minutes of Council /Agency adjourned regular and regular meetings of March 4, 1991 and the adjourned regular meeting of February 25, 1991 as written and on file in the Office of the City Clerk (City Council) DESTRUCTION OF RECORDS -- RESOLUTION NO 6255 - ADOPTED (170.50) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS." (Business permit applications, election files, conflict of interest statements. ) (City Council) PUBLIC WORKS MUTUAL AID AGREEMENT - RESOLUTION NO 6256 - ADOPTED (600.40) -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING THE PUBLIC NORKS MUTUAL AID PROGRAM FOR EMERGENCY SERVICES," and approve and authorize execution of agreement. (City Council) CONSTRUCTION OF CONCRETE PEDESTRIAN WALKS & NHEELCHAIR RAMPS - APPROVED -- VARIOUS LOCATIONS - PLANS & SPECI FICATIQNS/CALL FOR BIDS -- CC-- 1 (600.70) - Approved plans and specifications for construction of concrete pedestrian walks and wheelchair ramps at various locations through out the city, authorized the Department of Public Works to advertise for bids and approve contract subject to award of contract to Council approved lowest responsible bidder. ($110,800) Page 33 - Council/Agency Minutes - 3/18/91 (City Council) NOTICE OF COMPLETION - APPROVED - GARFIELD AMENUE STORM DRAIN & WATER MAIN CONSTRUCTION - MLADEN BUNTICH CONST KTION COMPANY - CC-734 (600,60) - Accept the work completed by Mladen Buntich Construction Company on construction of the storm drain and water main in Garfield Avenue from Delaware Street to Holly Street for a total contract cost of $523,729.82, approve change orders totaling $105.129.82. authorize the Director of Finance to transfer $43,269.82 from unappropriated drainage fund balance into the project account and authorize the Director of Finance to transfer the unused $6,026.86 project incidentals to the construction contingencies account. (City Council HUMAN RESOURCES BOARD APPOINTMENT - APPROVED - DIANE SHILIA (110.20) - Approved the appointment of Diane Shilton to the Human Resources Board for a term to expire September, 1993 to fill the remaining term of Mary Doxiodis. (City Council BID AWARD - HANDIC&P PLAY AREA CENTRAL PARK - ARTISTIC LANDSCAPE AND ENGINEERS INC - G (600.65) - Accepted the low bid of Artistic Landscape and Engineers Inc. in the amount of $144.638.60 for the construction of the handicap play area in Central Park, authorize the Director of Public Works to expend $162,101 .60 to cover contract costs of $144,638.60, estimated construction contingencies of $14,463 and anticipated incidental expenditures of $3,000, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Artistic Landscape $102,250.80 $3,499.80 $31 ,344.00 $660.00 $ 7,544.00 $144,638.60 Hondo Company 125,024.35 4,465.00 30,500.00 510.00 7,210.00 167,299.35 Clayton Eng. 146,671 . 10 4,750.00 31 ,500.00 480.00 29,500.00 212,421 .10 Sunrise Landscape 185,648.34* 5,399.80 31 ,376.00 465.00 76,800.00 299,224.14 Ryco Construction 188,270.05* 2,850.00 31 ,000.00 480.00 30,200.00 252,320.05 Marina Construction 188,891 .25 7,077 .50 34,773.00 570.00 7.544.00 238,285.75 Bo Park Ent. 199,069.30 3,600.50 30,511 .00 540.00 44,500.00 277,680.80 Valley Crest Lndscp. 205,715.00* 5,510.00 28,300.00 432.00 61 ,575.00 301 ,100.00 * Audit total (i .e. the actual total of bid after correction of math errors.) 1 . Alternate #1 Includes adding resilient tiles and asphaltic concrete base. 2. Alternate #2 Includes adding play apparatus. 3. Alternate #3 Includes substituting 15 gallon trees in place of 24" box trees. 4. Alternate #4 Includes substituting polyethylene decking in place of wood deck. 5. Staff and the landscape architect have reviewed the base bid and alternate cost figures and recommend that the construction contract include the base bid plus Alternates 1 , 2 and 4. Alternate #3 calls for substituting 15 gallon trees for 24" box trees as originally specified in the approved plans. Based on the outcome of the bids , staff recommends that we not substitute the smaller trees. Staff has reviewed each bid and suggests the selection of Artistic Landscape. Therefore, the Director of Public Works recommends that a contract in the amount of $162,101 .60 be awarded to Artistic Landscape. �nf.) Page 34 - Council/Agency Minutes - 3/18/91 (Cityn itSOUTH REACH PARKIN PARKINra AREA IMPROVENLN-1 APPENE - (560.60) - Authorized the Director of Community Services to develop a South Beach Parking Area Improvement Task Force (SBPAITF) with representatives from Community Services, Community Development, Redevelopment, Public Works, Police, Administrative Services, Beach Concessionaires, Community Services Commission, Conference and Visitors Bureau, and Downtown Business Association; and direct the SBPAITF to develop a south beach parking area improvement plan to present to Council for approval and funding from the Beach Parking Authority Construction and Improvement Fund. (Redevelopment A APPROPRIATIQH OF FUNDS R PROPERTY ACQUISITION - APPROVED - TALBERT-BEACH REDEVELOPMENT PROJECT AREA (320.45) - Approved the appropriation of $25,000 for the acquisition of three parcels in the Talbert Beach Redevelopment Project Area and for additional costs associated with the agency' s acquisition consultants, Cutler & Associates. (City Coun it NOTICE OF COMPLETION - APPR ED - IMPROVEMENTS IN OAKVIEW ENHANCEMENT PROJECT DISTRICT N0. 272 - SYCANRE AVE/CYPRESS AV H T/ LM ST/WARNER AVE - C K CONSTRUCTION - CC-771 -_PHASE I (600.75) - Accepted work completed by C. K. Construction at a final contract cost of $234.102.82 for construction of water mains and water services in Oakview Enhancement Project District No. 272 - Sycamore Avenue, Cypress Avenue, Ash Street, Elm Street, and Warner Avenue and authorized the City Clerk to file a Notice of Completion. f kCity Council) PARKWAY MAINTENANCE AGREEMENT - 1 NW CORNER PACIFIC HWY AND 1 TH STREET - BEAINC (108) - Approved and authorized execution of Parkway Maintenance Agreement between the City of Huntington Beach and Beach Resorts Inc to maintain landscaping within the public right of way. (City Council) NATIONAL COMMUNITY DEVELOPMENT BLOCK GRANT WEEK - RESOLUTION NO 6258 - ADOPTED (340.70) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING THE 1991 NATIONAL COMMUNITY DEVELOPMENT WEEK IN THE CITY OF HUNTINGTON BEACH." (City Council NOTICE OF COMPLETION - APPROVED - TRAFFIC I AL MODIFICATIQN AT VARIOUS INTERSECTIONS - CC-507 - HES OOS(257Y - SIGNAL MAINTENANCE INC (600.55) - Accepted work completed by Signal Maintenance Inc related to the modifications of traffic signals at Magnolia and Garfield, Magnolia and Atlanta, Golden West and Garfield and Bolsa Chica and Heil in the amount of $343,059.92 and authorized the City Clerk to file a Notice of Completion. ! 4 (City Council NOTICE OF—COMPLETION - CONTINUED TO 3/25/91 - TRACT 13087 - KIMBALL DEVELOPMENT - PACIFIC COASTHWY BTWN 9TH_& LOTH STREETS (108) The City Clerk presented a communication from the City Administrator pertaining to the Notice of Completion Tract No. 13087. Councilmember Winchell requested information on the problem of the gutter, curb, 'and weep hole problem. By consensus of Council the item pertaining to the Notice of Completion Tract No. 13087 was continued to March 25, 1991 . Page 35 - Council/Agency Minutes - 3/18/91 (Cityo nil RESOLUTION NO 6257 - CONTINUED - FEE SCHEDUL (340.20) The City Clerk presented a communication pertaining to the Fee Schedule for the Jail Court Commitment Program. The City Clerk presented Resolution No. 6257 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A FEE SCHEDULE FOR THE HUNTINGTON BEACH POLICE DEPARTMENT JAIL COURT COMMITMENT PROGRAM." Following discussion, a motion was made by Kelly, seconded by MacAllister, to continue the item pertaining to Resolution No. 6257. The motion carried by the following roll call vote: AYES: MacAllister, Silva, Green, Kelly, Moulton-Patterson NOES: Winchell , Robitaille ABSENT: None (City Council) CONTRACT WITH JAMES W PALIN FOR CONSULTING SERVICES V TO THE RQLSA CHICA PROJECT & WAIVER OF PROFESSIONAL LIABILITY RE IREMENT - DEFERRED (600.10) The City Clerk presented a communication from the City Administrator pertaining to the Agreement between the City and James W. Palin to be employed as an independent contractor in the capacity of a special Bolsa Chica LCP, Pre-annexation/Development Advisor for a two year tern commencing May 1 , 1991 and waiver of professional liability insurance requirements pursuant to Resolution No. 6023. The City Administrator stated the item pertaining to the contract with James Palin for Consulting Services would be deferred. (City Council) POLICY TO BE ESTABLISHED -_ O ADVERTISING OF ALCOHOLIC BEVERAGES ON CITY BEACH AND CITY. SPON$QRED EVENT (100.10) The City Clerk presented a communication from the Director of Community Services requesting policy direction on whether to allow alcohol advertising during public beach events. Following discussion, a motion was made by Kelly, seconded by Robitaille, allow advertising of alcoholic beverages on the city beach during public events, and direct staff to develop a specific policy to be incorporated into the beach special use permit process. The motion FAILED by the following roll call vote: AYES: MacAllister, Kelly, Robitaille, NOES: Winchell , Silva, Green, Moulton-Patterson ABSENT: None A motion was made by Winchell , seconded by Silva, to establish a policy of no advertising of alcoholic beverages on the city beach and city-sponsored events. The motion carried by the following roll call vote: AYES: Winchell , Silva, Green, Moulton-Patterson NOES: MacAllister, Kelly, Robitaille ABSENT: None U` 102 Page 36 - Council/Agency Minutes - 3/18/91 ITEMS CONTINUED TO 3125/91 BY CONSENSUS OF MNCIL By consensus of the Council , the following items were continued to March 25, 1991 : (City Council) YOUTH SPORTS COMPLEX - HUNTINGiTON CENTRAL PARK (920.50) (City Council) REPORT ON MEADOWLARK GOLF COURSE - CONTINUED TO 3/25/91 (600. 10) ORDINANCE NO 3096 - CONTINUED TO 3/25/91 - TAX ON TELEPHONE COMMUNICATION ERVICES (340.50) ORDINANCE NO 3097 - CONTINUED TO 3/25/91 - EXEMPTION FOR PRIVATE FUNDING (600.05) (Redevelopment Agency) AUTHORIZATION TO PROCEED WITH DEMOLITION OF AGENCY OWNED STRUCTURES WITHIN PHASE II PROJECT SITE - APPROVED - MAIN-PIER REDEVELOPMENT PROJECT AREA (600.95) The City Clerk presented a communication from the Director of Economic Development requesting authorization to demolish structures which have become a safety hazard and which need to be demolished. A motion was made by MacAllister, seconded by Moulton-Patterson, to: 1 . Authorize Greenleaf Grading to proceed with the demolition of the structures listed below: Larry' s T Shirts 408 Pacific Coast Highway Touch of East 408 A Pacific Coast Highway T-Shirt Fantasy 408 112 Pacific Coast Highway Things for Your Head 410 Pacific Coast Highway 2. Pave the lots for parking on an interim basis until a final master plan is developed for the Phase II site. The motion carried by the following roll call vote: AYES: MacAllister, Winchell , Silva. Green, Kelly, Robitaille, Moulton-Patterson NOES: None ABSENT: None CENSUS ISSUE Councilman MacAllister requested that the question of the census by Huntington Beach be discussed on April 1 , 1991 . LIBRARY EXPANSION AND PLAYHOUSE Councilman MacAllister requested that the Library Expansion and Playhouse be returned to Council April 1 , 1991 . 103 Page 37 - Council/Agency Minutes - 3118191 WHEELCHAIR ACCESS AT CHARTER CENTER Councilman Silva reported on the problem with wheelchair access at the Charter Center theatre and requested a report. LEAGUE CONFERENCE IN WASHINGTON, O.C. Councilman Silva reported on the League Conference in Washington, D.C. CAPITAL PRQJ ECT REPORT TO BE PRESENTED 3125/91 The City Administrator stated the overall capital project presentation would be given March 25, 1991 . ADJOURNMENT - COUNCIL/REDEVELOPMENT 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 25, 1991 , Room B-8. zol� auoe�4 Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the Ci ty Counci 1 of the Ci ty of Huntington Beach, California ATTEST: City Clerk/Clerk Mayor/Chairman .104